Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Barry Felrice
Federal Register
November 21, 1994
[Federal Register: November 21, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 93-57; Notice 2] RIN 2127-AF00 Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices and Associated Equipment AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This notice responds to a notice of request for comments that NHTSA published in 1993 implementing the grant of a petition by Robert Bosch GmbH. It proposes an amendment to the Federal motor vehicle standard on lighting that would permit replaceable lenses on integral beam and replaceable bulb headlamps that incorporate on-board headlamp aimers, provided that such headlamps meet more rigorous environmental tests. The benefit of headlamps with replaceable lenses is that the lens or reflector could be replaced in the event of breakage of either without the present necessity to replace both components if only one is damaged. DATES: Comments are due February 21, 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 4:00 p.m.) FOR FURTHER INFORMATION CONTACT: Patrick Boyd, Office of Rulemaking, NHTSA (202-366-6346). SUPPLEMENTARY INFORMATION: On August 12, 1993, NHTSA published a Notice of Request for Comments in implementation of a grant of a petition for rulemaking submitted by Robert Bosch GmbH (58 FR 42924). The notice sought views relevant to a decision on whether to proceed with rulemaking to amend Standard No. 108 to allow the lens to be replaceable on a replaceable bulb headlamp equipped with an on-vehicle aiming device. In addition to comments on the five benefits ascribed by Bosch to replaceable lens headlamps, NHTSA asked for comments on fifteen relevant issues. The reader is referred to the notice for further information. Comments were submitted by 21 interested persons: Advocates for Highway Safety (Advocates), American Automobile Manufacturers Association (AAMA), American Honda, Fiat Auto R&D USA, Ford Motor Company, General Electric Worldwide Automotive Lighting (GE), General Motors Corp. (GM), Hella KG Hueck & Co., KC Hilites, Koito Manufacturing Co. Inc., Oscar Lidstrom, Jr., Maine Bureau of Highway Safety, Massachusetts Registry of Motor Vehicles, Mercedes-Benz of North America, Osram Sylvania, Inc., PACCAR, Inc., Stanley Electric Co. Ltd., Virginia State Police, Volkswagen of North America (on behalf of itself and Audi), Volvo of North America, and J. L. Witt. The concept of replaceable lenses for certain headlamps was opposed by three commenters: Advocates, GE, and KC Hilites. Six others expressed reservations: AAMA, GM, Maine, Massachusetts, Stanley, and Koito. The remaining 12 commenters either actively supported the concept or submitted comments that did not indicate opposition to it. Where appropriate, these comments are mentioned in the discussion of issues that follows. NHTSA's evaluation of the comments that were submitted has synthesized agency concerns into three issues: the photometric performance of headlamps after relensing, the durability performance of headlamps before and after relensing, and the economic benefits to the consumer of replaceable lens headlamps. Photometric Performance of Headlamps After Relensing The first issue of concern is whether a headlamp with a replaceable lens will provide photometric performance equivalent to a headlamp using the original lens. NHTSA had previously denied two petitions (from GM and BMW of North America) for replaceable lens headlamps, principally from concern for potential aiming problems and corroded reflectors. The potential for misaim has two bases. The first is relevant to mechanically aimable headlamps, which have three alignment pads on the lens to orient alignment tools. Some designs use pads ground to the individual characteristics of each reflector/lens assembly. This creates lamp-to-lamp differences in lenses, irrelevant when the lens is permanently attached to the reflector assembly, but of possible concern when lenses may be replaced. Even in designs without custom ground pads, continuation of proper aim is dependent upon the repeatability of the attachment of the lens to the reflector. Small differences in fit or gasket crush could modify the interaction between the reflector and the lens and thereby reorient the aiming pads. The aiming pad issue does not arise under the Bosch petition because it includes only headlamps with on-board aiming devices, which aim the reflector without reference to the lens. Bosch provided data from photometric tests demonstrating that, absent the aiming pad considerations, headlamp photometry was insensitive to lens replacement. The illumination at required test points produced by the test reflector and bulb was nearly identical in each test, using five replaceable lenses with different production dates. The differences between lenses of the same part number and any variations in lens alignment due to repeated replacement had no apparent effect on the photometric performance of the combination of new components. Advocates had criticized the minimum ``above-horizontal'' illumination requirements established by the agency for 1994 and newer model vehicle headlamps as providing poorer performance than that of sealed beam headlamps. It opposed lens replacement on the basis of a potential for a further reduction in ``above-horizontal'' illumination which it believed would result from deviations in lens alignment during replacement. The Bosch data should allay Advocates' concern, as should a comment by Osram Sylvania that headlamp photometry is not sensitive to the slight misalignments possible during lens replacement. Although Osram Sylvania had other criticisms of replaceable lenses, it reported that common design practices for replaceable bulb headlamps limit the sensitivity of photometric performance to lens misalignment and that replacement lenses need not be identical to original lenses to maintain equivalent photometric performance. In summary, comments and data submitted to the docket are persuasive that photometric performance of new lamps is not sensitive to typical production variations of replacement lenses. For the reasons expressed above, it appears that headlamps with on-vehicle aiming and replaceable lenses are equivalent in photometric performance to headlamps with on-vehicle aiming and bonded lenses. Durability Performance of Headlamps Before and After Relensing For new headlamps, Standard No. 108's tests for dust penetration, corrosion, humidity, vibration, and water sealing should assure that headlamps with replaceable lenses will have a lens-to-reflector sealing that is equivalent to the protection provided by headlamps with bonded lens/reflector assemblies. However, if the reflector of a headlamp is affected by exposure during the period when the vehicle is operated with a broken lens or by improper cleaning attempts during relensing, there is a strong possibility that an owner may continue to use the unit after relensing without being aware of its degraded performance. Less than half of all states have periodic vehicle inspection, and those that do differ in their rigor. Thus, inspection programs cannot be expected to detect the decreased photometric performance of headlamps with degraded reflectors. The second potential problem is that the lens-seal integrity could be lost during relensing, and that an otherwise good reflector would be subject to moisture and dust for the remaining life of the vehicle. Reflector degradation was not a concern before 1983 when replaceable bulb headlamps were allowed. In a sealed beam lamp, a crack in the lens large enough to admit moisture would cause the filament to fail, necessitating the replacement of the entire headlamp. However, replaceable bulb headlamps can continue to operate despite a broken lens, and the possibility of degraded reflectors was considered by the agency during the course of rulemaking that allowed them. The requirement for a bonded lens was motivated in part by NHTSA's desire to avoid creating a potential safety problem that had been impossible when Standard No. 108 allowed only sealed beam headlamps. It is a conservative requirement that results in the replacement of reflectors when the condition of the lens indicates possible long term exposure of the reflector to water and dirt. Even a small hole can cause the headlamp to fill with water due to condensation during the heating and cooling cycle of lamp use. A potential safety disadvantage of the bonded lens requirement is that the cost of replacing a headlamp rather than a lens may tend to delay or to discourage repair altogether. However, the desire to maintain the aesthetic quality of a newer vehicle and the obvious performance problem of a cracked lamp containing moisture should motivate many owners to make a replacement, even if costly. A more powerful motivation is provided by the vehicle inspection programs maintained by less than half of the states. Typically, the states inspect for aim and for damaged lenses, and in some instances inspect replaceable bulbs for maximum power to prevent the use of high powered ``off road'' aftermarket bulbs. But even strict states, such as Virginia, do not inspect for the low light output that would identify headlamps with degraded reflectors. Many commenters who favored the concept of replaceable lenses voiced concerns about the potential loss of performance of relensed units. AAMA suggested replaceable lenses for integral beam headlamps as well as for those with replaceable bulbs, but it commented that any rulemaking allowing replaceable lenses must assure that reflectors are designed to be more resistant to abrasion and solvents, with special durability and environmental qualification requirements added. American Honda was concerned about technical problems which may exist in ensuring that photometric performance is equal to the level of performance before the lens was damaged, and ensuring adequate sealing against dust and moisture after the lens alone is replaced. GE commented that the average consumer or automotive mechanic does not have the background and understanding to make the decisions necessary to determine if a headlamp is safely repairable. Osram Sylvania agreed with the Bosch petition that reflector surfaces can be cleaned during lens replacement, but it cautioned that the reflector can be damaged by improper cleaning and handling. It also advised that the touch of human hands can deposit skin oil on the reflector with the possible consequences of reflector fogging, reduced output and increased glare. It further commented that the lens replacement process could break the sealing coat, protecting the thin aluminum coating on the reflector from moisture, which could lead to a very rapid loss of reflecting area and photometric performance. Volkswagen's comments also responded to questions about performance loss of relensed lamps. It suggested that only specially trained dealer service personnel should install lenses, presumably refusing to relens degraded lamps, and that state inspections should monitor the condition of reflectors. These steps may be feasible in Europe where reflector corrosion, at least in older designs, is a problem requiring universal inspection and where the manufacturers control the replacement lens supply. But they are not effective in the United States. Less than half the States have inspections, and those that do are not required to cover the condition of the reflector because it was never a concern during the long era in which sealed beams were the only type of headlamps allowed. Also, the U.S. aftermarket would not be limited to OEM lenses (conferring on dealers the power to refuse to repair degraded lamps) because non-OEM manufacturers would be free to manufacture components and sell them directly to vehicle owners. Volkswagen and American Honda commented that replaceable lens headlamps could be designed to require removal of the headlamp from the vehicle in order to replace the lens. This would have the effect, desirable to the commenters, of causing owners to rely on the vehicle manufacturer's dealers for lens replacement. However, causing lens replacement to be more expensive and less convenient diminishes the prospect of greater headlamp maintenance in states without inspection. Further, owners compelled by state inspection to replace parts often insist on making their own repairs to minimize their burden. Making the task unnecessarily complex only increases the chances that the owner will make a poor repair. In the case of HID integral beam headlamps, easy removal of the lens without disturbing the other components may reduce high voltage hazards during owner repairs. The better solution, suggested by the AAMA and others, is to adopt durability and environmental requirements for replaceable lens headlamps to increase the likelihood that relensed headlamps will perform satisfactorily regardless of who services them. This solution minimizes the potential loss of performance from degraded reflectors and maximizes the potential for inexpensive voluntary lens repairs in states without inspections. The most detailed comments to the question of reflector durability were those of Ford Motor Company. They contain a comprehensive statement of the reflector durability problem and some general guidance concerning appropriate test procedures. Ford commented: Replaceable bulb headlamps currently incorporate reflective surfaces not specifically designed to withstand direct environmental exposure or abrasion. If the condition prompting replacement of a lens has resulted in contamination or discoloration of the reflector surface (e.g., as might occur due to a lens crack or loss of integrity of the lens/reflector seal), a degradation in photometric performance would be expected, as compared to a new replacement headlamp. Attempts to clean a contaminated reflector, as by wiping, could result in abrasion to the metallized surface, possibly resulting in degraded photometric performance and/or increased glare. Ford therefore recommends that rulemaking on replaceable lens headlamps consider the need for the reflective surfaces of replaceable lens headlamps to withstand appropriate environmental exposure and cleaning operations. Ford's recommendations were: Ford recommends that headlamps with replaceable lenses, in addition to present requirements applicable to replaceable bulb headlamps, be subjected to salt-fog, moisture and dust exposure without the lens in place. Additionally, the reflector surface should be capable of withstanding resistance to chemicals that are likely to be used by consumers or repair facilities to clean contaminated reflector surfaces. Subsequent to appropriate environmental and chemical exposure, the reflector should be cleaned according to a prescribed procedure. When fitted with a lens following exposure and cleaning, the headlamp should be capable of meeting the same photometric requirements applicable to replaceable bulb headlamps with bonded lenses. Aftermarket lens manufacturers should be required to certify that any headlamp for which the lens is intended is capable of meeting photometric requirements when fitted with a lens of that design. Additionally, aftermarket replacement lenses should be accompanied with complete instructions for properly removing the old lens, cleaning the interior of the headlamp body, cleaning and preparing the mating surface on the headlamp body and installing the new lens on the headlamp body. The durability and environmental requirements for the present replaceable bulb headlamps and the deliberations that led to them may be useful in considering reasonable requirements for the reflectors of replaceable lens headlamps. When the agency amended Standard No. 108 to permit replaceable bulb headlamps, it was aware that German vehicle inspection data showed significant rejections due to dull, corroded and damaged headlamp reflectors. Thus, NHTSA promulgated an appropriate test of corrosion resistance for replaceable bulb headlamps for use in the United States. The lamp assembly must be exposed for ten days in a salt spray chamber, with the additional requirement than the bulb be removed and the spray deactivated during the last hour of all but two test days. The test put a premium on the ability of the lens to protect the reflector from the salt spray. It also required a degree of direct corrosion resistance exceeding the performance of some European headlamps by having the lamps exposed to several hours of salty air in the chamber without direct spray. In its original form, the rule required that the headlamp pass the photometric test at the completion of the corrosion test. The post-exposure photometric test was later eliminated because of the possibility of salt deposits that could not be removed easily from a headlamp with a bonded lens. A corrosion test of increased rigor for reflectors of replaceable lens headlamps would remove much of the safety concern about relensing lamps that have become contaminated with dust and moisture. The agency is proposing a specific environmental test for reflectors of replaceable lens headlamps which it believes is consistent with Ford's recommendations while imposing minimum testing burdens. NHTSA is proposing an additional salt spray test with the following features for new replaceable lens headlamps: (a) A 24 hour exposure to salt spray with the lens removed, (b) a 48 hour drying period, (c) cleaning of the reflector according to instructions to be furnished with replacement lenses and included in the owner's manual, (d) a non-magnified examination for corrosion, and (e) a photometric test of the headlamp as reassembled with a new lens. The proposed exposed reflector test mimics the existing test of headlamps with lenses but with a much reduced duration since reflector exposure in service would not be continuous. However, it makes use of the expected salt deposit formation to test the durability of the reflector coating to cleaning. Finally, it would require the manufacturer of a headlamp with a replaceable lens to demonstrate photometric compliance of the reassembled cleansed lamp. Ford recommended three distinct tests of headlamp reflector exposure to salt-fog, moisture, and dust, while the agency proposes a single test. Comment from parties familiar with reflector construction and exposure testing is sought. The following questions are of particular interest: (1) A cracked lens frequently causes a headlamp to partially fill with water. Is the moisture and exposure time involved in an ASTM B 117-73 salt spray test sufficient to test moisture resistance of reflectors? If not, what test would be sufficient? (2) The present dust test for replaceable bulb headlamps uses Portland cement as dust, and the agency presumes that Ford's comment refers to the same kind of dust test. Cleaning the reflector after Portland cement dust exposure may be equivalent to a rigorous abrasion test. The agency believes that the proposed salt-spay test will coat the headlamp reflector with salt deposits and that the subsequent cleaning will provide an adequate abrasion test. However, does a 24- hour salt spray test deposit enough salt to act as a de facto abrasion test? Should a particular method of salt removal be required or should the manufacturers' cleaning instructions dictate the test procedure, as proposed? Is a Portland cement dust test as well as a salt spray test of reflectors needed, and if so, why? Should a direct abrasion test be used rather than the indirect abrasion of cleaning, and if so, what procedure would be appropriate? (3) Is the proposed 24-hour salt spray test followed by 48 hours drying time sufficient to test the headlamp reflectors and the metal light shields sometimes used? What corrosion criteria are appropriate for light shields? Can rusty water dripping from metal light shields eventually cause otherwise durable headlamp reflectors to fail because of stains? (4) The present standard for replaceable bulb headlamps exposes lamp assemblies with the bulb removed (but the lens attached) for eight hours to humid salty air in a salt spray chamber with the salt spray turned off. Is this present test (followed by a photometric test and whatever cleaning is necessary) sufficient to qualify headlamp reflectors for use with replaceable lenses without the proposed direct salt spray test or the moisture, dust and salt spray tests recommended by Ford? The existing Standard No. 108 also includes a chemical resistance test of the exterior of the lamp to fuel, tar remover, power steering fluid and antifreeze. NHTSA has tentatively concluded that the test should be extended to headlamp reflectors using chemicals suggested by the manufacturer in the cleaning instructions or with a realistic probability of use by vehicle owners despite the manufacturer's instructions. Chemicals in the latter category would include tar remover, lacquer thinner and mineral spirits. The manufacturer's instructions may concentrate on water soluble contaminants because of the salt spray test. The inclusion of the other chemicals gives the owner a means to remove organic contaminants without resorting to abrasion. Since mineral spirits is a major constituent of tar remover, a separate test for mineral spirits appears unnecessary. The plastic lenses on replaceable bulb headlamps manufactured for use in the United States are given a hard protective coating that would be expected to exceed the reflector coating requirements established by the proposed tests. NHTSA expects that similar coating methods could be used to create robust reflectors for replaceable lens headlamps. It would be reasonable to expect successful lens replacement by vehicle owners, especially if the lens attachments were designed to be accessible without disturbing the headlamp aim. The requirement for headlamp reflector durability also reduces concern about untrained persons installing the lens seal. Should an owner install the seal incorrectly, causing moisture to collect inside the lamp, the reflector will not degrade quickly. The visible moisture would serve as a telltale, and an owner motivated to replace the lens initially would be motivated to disassemble, clean and reinstall the lens until the desired repair was successful. If manufacturers choose to design headlamps for ease and economy of lens replacement by owners, the prospect of better lamp maintenance in non-inspection States is realistic. Economic Benefits to the Consumer of Replaceable Lenses The cost to replace two replaceable bulb headlamps can equal 10 percent of the value of an entire car after it is 5 to 8 years old. Consumers used to the cost of sealed beam headlamps are critical of state vehicle inspection programs when they force the replacement of headlamps at costs which far exceed those of sealed beams. When Standard No. 108 was amended to permit replaceable bulb headlamps, the economic consequences of lens/reflector assembly replacement were not considered to be relevant to safety, and the ability to replace the light source gave some promise of consumer benefit. Ironically, the economic burden to consumers now fuels a safety debate about whether the reluctance of owners to replace expensive cracked lamps or the possibility of degraded performance of relensed lamps is the greater threat to safety. The styling benefits of replaceable bulb headlamps over sealed beams have resulted in large potential cost penalties and an unquantifiable degree of performance loss when the headlamps are damaged. Volkswagen commented that the cost to replace a headlamp is 7 to 8 times that of the lens alone. It cited examples of lamps costing $215 to $270 and estimated the cost of replaceable lenses in the $30 to $40 range. Mercedes estimated the cost of replaceable lenses at $126 to $150 and complete headlamps at $250 to $640 with on-board aiming. While the cost of headlamps with the fasteners, gaskets, and indexing features required for replaceable lens designs would be higher than the cost of headlamps with simple bonded lenses, reductions in repair costs of 50% to 85% appear to be likely. The agency anticipates that replaceable lens designs would be attractive only for headlamps using glass lenses. These are predominantly used on imported vehicles. Replaceable bulb headlamps which have coated polycarbonate plastic lenses are extremely resistant to cracking and chipping. AAMA commented that the impact resistance of plastic lenses significantly reduces any servicing need to provide replaceable lenses. Glass lenses are less expensive than coated plastic lenses, and they have greater resistance to high operating temperatures and abrasion by headlamp wipers. However, the additional cost of a replaceable lens design would probably negate the economic advantage a manufacturer might achieve by changing to a less expensive replaceable glass lens when it had been using bonded plastic lenses. It is likely that the market for replaceable bulb headlamps with replaceable lenses would be confined to a small segment of the import market in which headlamp wipers or high operating temperatures dictate the choice of glass lenses. Bosch's petition covered only replaceable bulb headlamps. However, AAMA commented that a greater economic benefit of replaceable lenses could be found in integral beam headlamps. High Intensity Discharge (HID) lamps are being developed for use as integral beam headlamps, and their operating temperatures are expected to dictate the use of glass lenses. An integral beam headlamp is required to be manufactured with the lens, bulb, reflector, cable and high voltage source configured as an indivisible whole. HID headlamps are much more costly than replaceable bulb headlamps, and the prospect of replacing the whole lamp (at perhaps $1000) in order to repair a cracked lens may be a significant impediment to introduction of the technology. Since the industry-imposed economic burden on the consumer is the agency's primary reason for considering replaceable lens headlamps, it is appropriate to include integral beam headlamps in the proposal. Proposed Amendments NHTSA is implementing its conclusions by proposing appropriate amendments to Standard No. 108. As noted above, the proposed amendments cover integral beam headlamps as well as those with replaceable bulbs. The proposal requires redefinitions of ``integral beam headlamp'' and ``replaceable bulb headlamp'' to clarify that some types of these headlamps need not have a bonded lens reflector assembly, those with a vehicle headlamp aiming device (VHAD) conforming to Standard No. 108. Under the proposal, each replacement lens would also have to be accompanied by an appropriate replacement seal, and instructions to the user on how to remove and replace the lens, clean the reflector, and seal the lens to the lamp. Manufacturers of replacement lenses would mark them with a DOT symbol which will be the manufacturer's certification that installation of the lens on the headlamp for which it is intended will not create a noncompliance with Standard No. 108. A new section is proposed that would add the chemical and corrosion resistance tests discussed above. The greatest impact of the proposal will be on future HID integral beam headlamps which may require heat resistant glass lenses rather than impact resistant plastic lenses. These head-lamps will be very costly and their replacement will involve high voltage components. The development of durable reflectors to make them suitable for replaceable lens will be an important step in making HID lamps practical. Additionally, should future changes to the standard accommodate HID light sources in replaceable bulb headlamps, the ability to have replaceable lenses would enhance their economic viability as well. The comments suggest that it is not critical to require replacement lenses to be identical to original lenses in order to maintain photometric performance in compliance with the standard. The only necessary requirement is that the replacement lens maintain compliance of an otherwise compliant headlamp in all respects including sealing. An additional practical requirement is that a replacement lens be supplied with a new seal and instructions for cleaning the reflector and installing the lens and seal. 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 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 [30 days after publication in the Federal Register]. Because the final rule establishes no additional burden on any party, 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 This action has not been reviewed 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 to afford a further optional means of compliance with the headlamp requirements of Standard No. 108. While a final rule could result in higher prices for buyers of glass-lensed headlamps of certain types, these initial costs could be offset by reduced repair costs during the life of the vehicle or the headlamp. These cost impacts are not deemed significant and 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 which take advantage of this option may change from those presently in production but it is anticipated that the kind of materials used will be the same. 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 and headlamps, 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 and the optional headlamps would be only minimally impacted. While the price of new vehicle equipment might be somewhat higher if the optional headlamp is used, the cost of repair of such equipment will be significantly lessened. 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 A final rule based on this proposal would not have any retroactive effect. Under 49 U.S.C. 30103 (formerly section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)), 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 30163 (formerly 15 U.S.C. 1394) 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 in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicles. In consideration of the foregoing, 49 CFR part 571 would be amended as follows: PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 would continue to read as follows: Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.50. Sec. 571.108 [Amended] 2. Section 571.108 would be amended as follows: a. The definitions of ``Integral Beam Headlamp'' and ``Replaceable Bulb Headlamp'' in Paragraph S4 would be revised to read as set forth below. b. Paragraphs S5.8.11, S7.2(e), S8.10.1 and S8.10.2 would be added to read as set forth below. c. Paragraphs S7.4(g), S7.4(h)(2), S7.4(h)(3), S7.5(h), and S8.1 would be revised to read as set forth below. Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. * * * * * S4. Definitions. * * * * * Integral Beam Headlamp means a headlamp (other than a standardized sealed beam headlamp designed to conform to paragraph S7.3 or a replaceable bulb headlamp designed to conform to paragraph S7.5) comprising an integral and indivisible optical assembly including lens, reflector, and light source, except that the lens may be designed to be replaceable if the headlamp incorporates a vehicle headlamp aiming device that conforms to S7.8.5.2. An ``integral beam headlamp'' may incorporate light sources that are replaceable that are used for purposes other than headlighting. * * * * * Replaceable bulb headlamp means a headlamp comprising a bonded lens reflector assembly and one or two replaceable headlamp light sources, except that the lens may be designed to be replaceable if the headlamp incorporates a vehicle headlamp aiming device that conforms to S7.8.5.2. A ``replaceable bulb headlamp'' may incorporate light sources that are replaceable that are used for purposes other than headlighting. * * * * * S5.8 Replacement equipment. * * * * * S5.8.11 A replacement lens for a replaceable bulb headlamp or an integral beam headlamp that is not required to have a bonded lens shall be provided with a replacement seal in a package that includes instructions for the removal and replacement of the lens, the cleaning of the reflector, and the sealing of the replacement lens to the reflector assembly. S7 Headlighting requirements. * * * * * S7.2 (a) * * * * * * * * (e) Each replacement headlamp lens with seal, provided in accordance with S5.8.11, when installed according to the lens manufacturer's instructions on an integral beam or replaceable bulb headlamp, shall not cause the headlamp to fail to comply with any of the requirements of this standard. Each replacement headlamp lens shall be marked with the symbol ``DOT'', either horizontally or vertically, to constitute certification. Each replacement headlamp lens shall also be marked with the manufacturer and the part or trade number of the headlamp for which it is intended, and with the name and/or trademark of the lens manufacturer or importer that is registered with the U.S. Patent and Trademark Office. Nothing in this paragraph shall be construed to authorize the marking of any such name and/or trademark by one who is not the owner, unless the owner has consented to it. * * * * * S7.4 Integral Beam Headlighting System. * * * * * * * * (g) A headlamp with a glass lens need not meet the abrasion resistance test (S8.2). It need not meet the chemical resistance test (S8.3) unless it incorporates a replaceable lens. If, in addition to a glass lens, the headlamp uses a non-plastic reflector, it need not meet the internal heat test of paragraph S8.6.2. A headlamp of sealed design as verified in paragraph S8.9 Sealing need not meet the corrosion (S8.4), dust (S8.5), or humidity (S8.7) tests; however, the headlamp shall meet the requirements of paragraphs 4.1, 4.1.2, 4.4 and 5.1.4 for corrosion and connector of SAE Standard J580 DEC86 Sealed Beam Headlamp Assembly. An integral beam headlamp may incorporate light sources that are replaceable that are used for purposes other than headlighting. (h) * * * * * * * * (2) After the chemical resistance tests of paragraphs S8.3 and S8.10.1, there shall be no surface deterioration, coating delamination, fractures, deterioration of bonding or sealing materials, color bleeding or color pickup visible without magnification, and the headlamp shall meet the photometric requirements applicable to the headlamp system under test. (3) After corrosion tests conducted in accordance with paragraphs S8.4 and S8.10.2, there shall be no evidence of external or internal corrosion or rust visible without magnification. Loss of adhesion of any applied coating shall not occur more than 0.125 in. (3.2 mm) from any sharp edge on the inside or outside. Corrosion may occur on terminals only if the current produced during the test of paragraph S8.4(c) is not less than 9.7 amperes. * * * * * S7.5 Replaceable Bulb Headlamp System. * * * * * * * * (h) The system shall be aimable in accordance with paragraph S7.8. * * * * * S8 Tests and Procedures for Integral Beam and Replaceable Bulb Headlighting Systems. * * * S8.1 Photometry. Each headlamp to which paragraph S8 applies shall be tested according to paragraphs 4.1 and 4.1.4 of SAE Standard J1383 APR85 for meeting the applicable photometric requirements, after each test specified in paragraphs S8.2, S8.3, S8.5, S8.6.1, S8.6.2, S8.7, and S8.10.1 and S8.10.2 if applicable. A 1/4 degree reaim is permitted in any direction at any test point. * * * * * S8.10 Chemical and corrosion resistance of reflectors of replaceable lens headlamps. S8.10.1 Chemical resistance. (a) The entire optical surface of the reflector of the headlamp in the headlamp test fixture with the lens removed shall be wiped once to the left and once to the right with a 6- inch square soft cotton cloth (with pressure equally applied) which has been saturated once in a container with 2 ounces of one of the test fluids listed in paragraph (b). The lamp shall be wiped within 5 seconds after removal of the cloth from the test fluid. (b) The test fluids are: (1) Tar remover (consisting by volume of 45% xylene and 55% petroleum base mineral spirits); (2) Lacquer thinner; or (3) Fluids other than water contained in the manufacturer's instructions for cleaning the reflector. (c) After the headlamp has been wiped with the test fluid, it shall be stored in its designed operating attitude for 48 hours at a temperature of 73 deg.F7 deg. (23 deg.C 4 deg.) and a relative humidity of 30 10 percent. At the end of the 48-hour period, the headlamp shall be wiped clean with a soft dry cotton cloth and visually inspected. S8.10.2 Corrosion. (a) The headlamp with the lens removed, unfixtured and in its designed operating attitude with all drain holes, breathing devices or other designed openings in their normal operating positions, shall be subjected to a salt spray (fog) test in accordance with ASTM B117-73, Method of Salt Spray (Fog) Testing, for 24 hours, while mounted in the middle of the chamber. (b) Afterwards, the headlamp shall be stored in its designed operating attitude for 48 hours at a temperature of 73 deg.F 7 deg. (23 deg.C 4 deg.) and a relative humidity of 30 10 percent and allowed to dry by natural convection only. At the end of the 48-hour period, the reflector shall be cleaned according to the instructions supplied with the headlamp manufacturer's replacement lens, and inspected. The lens and seal shall then be attached according to these instructions and the headlamp tested for photometric performance. Issued on November 9, 1994. Barry Felrice, Associate Administrator for Rulemaking. [FR Doc. 94-28382 Filed 11-18-94; 8:45 am] BILLING CODE 4910-59-P