Replaceable Light Source Information Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 564 and 571

[Docket No. 85-15; Notice 16]

RIN 2127-AF62

Replaceable Light Source Information Federal Motor Vehicle Safety

Standards; Lamps, Reflective Devices and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes amendments to the Federal motor vehicle

standard on lighting to facilitate the transfer by NHTSA of all

dimensional and specification information on HB Type replaceable light

sources for headlamps to Docket No. 93-11. This docket has been

[[Page 14248]] established as the information docket specified in part

564 for replaceable light source information. This regulatory action is

intended to simplify Standard No. 108 while ensuring consistent

regulatory treatment of all headlamp replaceable light sources. The

notice also proposes conforming amendments to part 564.

DATES: The due date for comments is May 15, 1995. The amendments would

be effective 30 days after publication of the final rule in the Federal

Register.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, room 5109, 400 Seventh

Street, SW, Washington, DC 20590. (Docket hours are from 9:30 a.m. to 4

p.m.)

FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of

Rulemaking, NHTSA (202-366-6987).

SUPPLEMENTARY INFORMATION: For many years, Motor Vehicle Safety

Standard No. 108 allowed headlamps only of sealed beam construction and

ones whose design dimensions were rigidly specified in the standard. In

1983, Standard No. 108 was amended to permit headlamps of non-sealed

construction, equipped with a replaceable light source. With this

amendment, the dimensions of the headlamp were no longer subject to

Federal specification. Instead, to ensure repeatability of performance

and ease of replaceability in the aftermarket, NHTSA adopted

standardized dimensional restrictions for the light source itself. Each

light source was given a distinctive HB Type designation. Today,

Standard No. 108 incorporates five different types of replaceable light

sources known as Types HB1 through HB5.

Each one of these light sources has been added to Standard No. 108

through rulemaking procedures that conform to the Administrative

Procedure Act, that is to say, after an opportunity has been provided

for notice and comment. This process is time consuming and has not

afforded flexibility to NHTSA in accommodating manufacturers who wish

to introduce new light sources in a more timely and predictable manner.

In the late 1980's, NHTSA decided that the regulatory process might be

made less cumbersome by establishing a docket in which manufacturers of

new replaceable light sources could submit appropriate dimensional and

other information which would require nothing more than acceptance by

NHTSA before the new light sources could be used in headlamps (subject

to the requirements, of course, that headlamps incorporating the new

light sources meet the performance requirements of Standard No. 108,

and that the light sources conform to the information listed for them).

Pursuant to this decision and with appropriate notices published in

the Federal Register, on January 12, 1993, NHTSA established part 564

Replaceable Light Source Information (58 FR 3856). At that time,

rulemaking was in progress to add a Type HB6 to Standard No. 108.

However, with the advent of part 564, NHTSA decided to terminate

rulemaking to adopt a Type HB6 on March 10, 1993, and to file the

relevant information under part 564 (58 FR 13243). On March 19, 1993,

the information docket was designated Docket No. 93-11 (58 FR 15132).

Concurrently with this notice, NHTSA is responding to petitions for

reconsideration of the January 12, 1993, final rule and amending part

564 to broaden the category of manufacturers who are permitted to

submit light source information, as well as establishing a procedure to

implement changes to information previously filed. The text that is

proposed below for paragraphs 564.5(a) and (c) is based upon these

amendments.

With the advent of part 564, there exist two places for dimensional

and specification information on replaceableheadlamp bulbs, paragraph

S7.7 of Standard No. 108 and Docket No. 93-11. Because headlamps with

any type of replaceable light sources, HB or other, must meet the same

(or equivalent in the case of photometrics) performance requirements,

there appears to be no safety disbenefit in removing the Figures in

Standard No. 108 that specify dimensions for Type HB light sources and

placing that information in Docket No. 93-11. Such an action would also

entail minor amendments of a housekeeping nature to dovetail HB Type

light sources and those that are permitted pursuant to part 564.

This notice proposes to remove from Standard No. 108 those Figures

and text that specify dimensional, performance, and electrical

specifications for HB Types 1 through 5. Upon issuance of a final rule,

NHTSA would place this information in Docket No. 93-11. The notice

would also redefine ``replaceable light source'' to mean an assembly of

a capsule, base, and terminals that is designed to conform to the

dimensions, specifications, and marking furnished with respect to it

pursuant to Appendix A of part 564. The section on replaceable light

sources, S7.7, would be revised by removing paragraphs (a) through (e)

which refer to the Figures that would be deleted, and paragraph (f)

which relates to marking; this would be incorporated into paragraph

(h), which would be redesignated paragraph (a). Present paragraph (g)

would be transferred to the introductory text of S7.7, and paragraphs

(h) through (k) would be redesignated (a) through (d) with minor

changes in text. A conforming amendment would be made to S9.

In addition, a conforming amendment would be made to part 564 to

remove the present exclusion of replaceable light sources specified in

S7.7 of Standard No. 108.

Request for Comments

Interested persons are invited to submit comments on the proposal.

It is requested but not required that 10 copies be submitted.

All comments must not exceed 15 pages in length. (49 CFR 553.21).

Necessary attachments may be appended to these submissions without

regard to the 15-page limit. This limitation is intended to encourage

commenters to detail their primary arguments in a concise fashion.

If a commenter wishes to submit certain information under a claim

of confidentiality, three copies of the complete submission, including

purportedly confidential business information, should be submitted to

the Chief Counsel, NHTSA, at the street address given above, and seven

copies from which the purportedly confidential information has been

deleted should be submitted to the Docket Section. A request for

confidentiality should be accompanied by a cover letter setting forth

the information specified in the agency's confidential business

information regulation. 49 CFR Part 512.

All comments received before the close of business on the comment

closing date indicated above for the proposal will be considered, and

will be available for examination in the docket at the above address

both before and after that date. To the extent possible, comments filed

after the closing date will also be considered. Comments received too

late for consideration in regard to the final rule will be considered

as suggestions for further rulemaking action. Comments on the proposal

will be available for inspection in the docket. The NHTSA will continue

to file relevant information as it becomes available in the docket

after the closing date, and it is recommended that interested persons

continue to examine the docket for new material.

Those persons desiring to be notified upon receipt of their

comments in the rules docket should enclose a self-addressed, stamped

postcard in the [[Page 14249]] envelope with their comments. Upon

receiving the comments, the docket supervisor will return the postcard

by mail.

Effective Date

The effective date of the final rule would be April 17, 1995.

Because the final rule establishes no additional burden on any party

and is primarily of an administrative nature, it is hereby tentatively

found for good cause shown that an effective date for the amendments to

Standard No. 108 that is earlier than 180 days after their issuance

would be in the public interest.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures.

The Office of Management and Budget has determined that it will not

review this rulemaking action under Executive Order 12866. It has been

determined that the rulemaking action is not significant under

Department of Transportation regulatory policies and procedures. The

purpose of the rulemaking action is an administrative one, to remove

regulatory material from Standard No. 108 which the agency will file in

a regulatory docket on the subject. Since the rule does not have any

significant cost or other impacts, preparation of a full regulatory

evaluation is not warranted.

National Environmental Policy Act. NHTSA has analyzed this

rulemaking action for the purposes of the National Environmental Policy

Act. It is not anticipated that a final rule based on this proposal

would have a significant effect upon the environment. The design and

composition of headlamps or light sources would not change from those

presently in production.

Regulatory Flexibility Act. The agency has also considered the

impacts of this rulemaking action in relation to the Regulatory

Flexibility Act. I certify that this rulemaking action would not have a

significant economic impact upon a substantial number of small

entities. Accordingly, no regulatory flexibility analysis has been

prepared. Manufacturers of motor vehicles, headlamps, and light

sources, those affected by the rulemaking action, are generally not

small businesses within the meaning of the Regulatory Flexibility Act.

Further, small organizations and governmental jurisdictions would not

be significantly affected because the price of new vehicles, headlamps,

and light sources would not be impacted.

Executive Order 12612 (Federalism). This rulemaking action has also

been analyzed in accordance with the principles and criteria contained

in Executive Order 12612, and NHTSA has determined that this rulemaking

action does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Civil Justice (Executive Order 12778). A final rule based on this

proposal would not have any retroactive effect. Under 49 U.S.C. 30103,

whenever a Federal motor vehicle safety standard is in effect, a state

may not adopt or maintain a safety standard applicable to the same

aspect of performance which is not identical to the Federal standard.

Section 30161 of Title 49 sets forth a procedure for judicial review of

final rules establishing, amending or revoking Federal motor vehicle

safety standards. That section does not require submission of a

petition for reconsideration or other administrative proceedings before

parties may file suit in court.

List of Subjects

49 CFR Part 564

Motor vehicle safety, Motor vehicles.

49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles.

In consideration of the foregoing, 49 CFR parts 564 and 571 would

be amended as follows:

PART 564--REPLACEABLE LIGHT SOURCE INFORMATION

1. The authority citation for part 564 would remain as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation

of authority at 49 CFR 1.50.

2. Part 564 would be amended by revising paragraphs 564.5(a) and

(c) to read as follows:

Sec. 564.5 Information filing requirements; agency processing of

filings.

(a) Each manufacturer of a motor vehicle, original equipment

headlamp, or original equipment headlamp replaceable light source,

which intends to manufacture a replaceable light source as original

equipment or to incorporate a replaceable light source in its headlamps

or motor vehicles, shall furnish the information specified in Appendix

A of this part to: Associate Administrator for Rulemaking, National

Highway Traffic Safety Administration, 400 Seventh Street SW,

Washington, D.C. 20590. Attn: Replaceable Light Source Information

Docket No. 93-11, (unless the agency has already filed such information

in Docket No. 93-11).

* * * * *

(c) The Associate Administrator promptly reviews each submission

and informs the manufacturer not later than 30 days after its receipt

whether the submission has been accepted. The Associate Administrator

does not accept any submission that does not contain all the

information specified in Appendix A of this part, or whose accompanying

information indicates that any new light source which is the subject of

a submission is interchangeable with any replaceable light source for

which the agency has previously filed information in Docket No. 93-11.

* * * * *

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

3. The authority citation for Part 571 would be revised to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30177, 30166; delegation

of authority at 49 CFR 1.50.

Sec. 571.108 [Amended]

4. Section 571.108 would be amended by:

a. revising the definition of ``Replaceable Light Source'' in

section S4 to read as set forth below;

b. revising paragraph S7.7 to read as set forth below;

c. revising the last sentence of S9 as set forth below; and

d. removing and reserving Figures 3-1 through 3-11, 19, 19-1

through 19-5, 20, 20-1 through 20-5, 23-1 through 23-7, and 24-1

through 24-9.

e. revising Figures 8 and 25 as set forth below.

Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective

Devices, and Associated Equipment.

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S4 Definitions

* * * * *

Replaceable light source means an assembly of a capsule, base and

terminals designed to conform to the dimensions, specifications and

markings furnished with respect to it pursuant to Appendix A of part

564 Replaceable Light Source Information of this chapter.

* * * * *

S7.7 Replaceable Light Sources. Each replaceable light source

shall be designed to conform to the dimensions and electrical

specifications furnished with respect to it pursuant to part 564 of

this chapter, and shall conform to the following requirements:

(a) If other than an HB Type, the light source shall be marked with

the bulb marking designation specified for it in compliance with

section VIII of [[Page 14250]] Appendix A of part 564 of this chapter.

The base of each HB Type shall be marked with its HB Type designation.

Each replaceable light source shall also be marked with the symbol DOT

and with a name or trademark in accordance with paragraph S7.2.

(b) The measurement of maximum power and luminous flux that is

submitted in compliance with section VII of Appendix A of part 564 of

this chapter shall be made in accordance with this paragraph. The

filament shall be seasoned before measurement of either. Measurement

shall be made with the direct current test voltage regulated within one

quarter of one percent. The test voltage shall be design voltage,

12.8v. The measurement of luminous flux shall be in accordance with the

Illuminating Engineering Society of North America, LM-45; IES Approved

Method for Electrical and Photometric Measurements of General Service

Incandescent Filament Lamps (April 1980), shall be made with the black

cap installed on Type HB1, Type HB2, Type HB4, and Type HB5, and on any

other replaceable light source so designed, and shall be made with the

electrical conductor and light source base shrouded with an opaque

white colored cover, except for the portion normally located within the

interior of the lamp housing. The measurement of luminous flux for the

Types HB3 and HB4 shall be made with the base covered. (The white cover

is used to eliminate the likelihood of incorrect lumen measurement that

will occur should the reflectance of the light source base and

electrical connector be low).

(c) The capsule, lead wires and/or terminals, and seal on each Type

HB1, Type HB3, Type HB4, and Type HB5 light source, and on any other

replaceable light source which uses a seal, shall be installed in a

pressure chamber as shown in Figure 25 so as to provide an airtight

seal. The diameter of the aperture in Figure 25 on a replaceable light

source (other than an HB Type) shall be that figure furnished for such

light source in compliance with Section IV.B of Appendix A of part 564

of this chapter. An airtight seal exists when no air bubbles appear on

the low pressure (connector) side after the light source has been

immersed in water for one minute while inserted in a cylindrical

aperture specified for the light source, and subjected to an air

pressure of 70kPa (10 P.S.I.G.) on the glass capsule side.

(d) After the force deflection test conducted in accordance with

S9, the permanent deflection of the glass envelope shall not exceed

0.13 mm in the direction of the applied force.

* * * * *

S9 Deflection test for replaceable light sources. * * * Distance

`A' for a replaceable light source other than an HB Type shall be the

dimension provided in accordance with Appendix A of part 564 of this

chapter, section I.A.1 if the light source has a lower beam filament,

or as specified in section I.B.1 if the light source has only an upper

beam filament.

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Issued on March 9, 1995.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 95-6379 Filed 3-16-95; 8:45 am]

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