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 2, 1994
[Federal Register: November 2, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 94-37; Notice 1] RIN 2127-AF 22 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 proposes amendments to the Federal motor vehicle standard on lighting to substitute SAE J576 JUL91 for the currently incorporated J576c as the referenced standard on plastics materials, to substitute ASTM D 1003-92 for ASTM D 1003-61 in the test procedures, to allow alternative processing techniques, sample sizes and thickness tolerances to those presently specified. Alternatively, the notice proposes amendments to the existing requirements that would accomplish the same ends. This action is taken pursuant to a grant of a petition for rulemaking submitted by Heraeus DSET Laboratories, Inc. DATES: The due date for comments is January 3, 1995. The amendments would be effective 180 days after publication of the final rule in the Federal Register, or November 1, 1995, whichever is later. ADDRESSES: Comments must refer to the docket and notice numbers set forth above and be submitted (preferably in 10 copies) to Docket Section, National Highway Traffic Safety Administration, Room 5109, 400 Seventh Street SW., Washington, DC 20590. The Docket is open 9:30 a.m. to 4 p.m., Monday through Friday. Submissions containing information for which confidential treatment is requested should be submitted (in three copies) to Chief Counsel, National Highway Traffic Safety Administration, Room 5219, 400 Seventh Street SW., Washington, DC 20590, and seven additional copies from which the purportedly confidential information has been deleted should be sent to the Docket section. FOR FURTHER INFORMATION CONTACT: Kenneth O. Hardie, Office of Rulemaking, NHTSA (202-366-6987). SUPPLEMENTARY INFORMATION: Heraeus DSET Laboratories, Inc. (``DSET''), of Phoenix, Arizona, petitioned NHTSA for rulemaking to amend Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment. Specifically, DSET asked that paragraph S5.1.2 be amended ``to update the weathering and heat testing requirements of plastic material used for optical parts such as lenses and reflectors.'' Currently, these materials are required to conform to SAE Recommended Practice J576c, May 1970. DSET wants NHTSA ``to allow alternative processing techniques besides injection molding to produce test specimens, to allow test specimen sizes other than a 3 inch diameter disc and to change the specimen thickness tolerances from0.005 inch to .010 inch.'' Those requirements for injection molding and for the diameter and thickness of the test specimen are set forth in J576c, May 1970. The petition set forth five reasons in support. The first is that the requirement in Standard No. 108 (SAE J576c) that test samples be injection molded is ``technology limiting'' and other methods of test specimen fabrication exist and should be allowed. SAE J576 JUL91 allows alternative processing techniques to produce test specimens. Secondly, SAE J576 JUL91 contains no sample shape or diameter requirement, in contrast to Standard No. 108's present restriction to a round sample of 3-inch diameter. DSET submits that there is no technical reason to continue the limit for the test specimen. Third, DSET stated that no technical reason exists to limit the test specimen thickness tolerance to 0.005 inch (or 0.13 mm as NHTSA expresses it). Accordingly, the petitioner recommends 0.010 inch (0.25 mm), ``since this appears to be a more reasonable tolerance that almost all plastic lens materials manufacturers can meet.'' The petitioner said that many manufacturers currently have trouble meeting the 0.005 inch tolerance. Fourth, DSET believes that States impose a burden on manufacturers to test according to Standard No. 108. Although 49 U.S.C. Chapter 301 and Standard No. 108 do not require a manufacturer to conduct testing in producing and certifying a vehicle or item of equipment (the requirement is that the product meet all applicable Federal motor vehicle safety standards when tested according to the procedures specified), DSET says that many State laws require proof of testing according to Standard No. 108. This means that even if there are alternative processing techniques for plastics that have been developed as a result of advancing technology, the manufacturer is obliged to follow the test procedures of Standard No. 108. Finally, DSET said that SAE J576c has been out of print for many years. Its unavailability has resulted in manufacturers routinely submitting ``test specimens that do not meet the 0.005 inch thickness tolerance or the 3 [inch] diameter size requirement.'' The agency has reviewed DSET's petition and has found that there is a reasonable possibility that the amendments asked for would occur at the conclusion of a rulemaking proceeding. Accordingly, the agency has granted DSET's petition. The requested changes would appear to simplify the test requirements of Standard No. 108 without degrading safety. These changes would also allow more flexibility in the preparation of test specimens. However, NHTSA is concerned that simple substitution of the 1991 version of SAE J576 for the 1970 one might result in an unintended burden upon industry, as the updated version contains some requirements that are different from and in addition to those of the 1970 version. In addition, the ASTM D-1003 requirements currently referenced in S5.1.2 of Standard No. 108 are those of 1961. NHTSA is proposing to amend S5.1.2 to replace the reference to the 1961 version of ASTM D- 1003 with a 1992 version and seeks comment on this change. The differences between the two versions include subtle changes to the text in virtually every section and the agency is unable to judge whether these changes would result in an increased burden to industry. Because of this uncertainty, the agency is proposing as an alternative a means of implementing DSET's request that does not include a reference to the revised standards. NHTSA welcomes informed comment on this issue. As a consequence of its age, a 33-year-old ASTM specification may be technologically limiting, as well as difficult to obtain. As noted above, strict adherence to older procedures which States may require means that manufacturers could not avail themselves of newer, less restrictive processing techniques if such exist. As noted, NHTSA is proposing alternative amendments of S5.1.2 as a means of implementing its grant of DSET's petition. The agency asks commenters for their views on each of the alternatives. Alternative 1 This alternative would substitute SAE J576 JUL91 for SAE J576c, May 1970, and make conforming amendments in the text of S5.1.2. This alternative would also replace ASTM D-1003-61 with ASTM D-1003-92 with respect to measurement of haze (which, as proposed at 58 FR 13042, would not exceed 7 percent). A specimen thickness tolerance of 0.25 mm (0.010 in.) would also be allowed as there is no technical reason to limit the test specimen thickness tolerance to 0.005 in., and the value proposed by NHTSA as recommended by DSET appears to be a more reasonable tolerance for test specimens. Two new paragraphs would be added, maintaining the performance requirements required of plastic materials by SAE J576c for the heat test, and specifying positioning of test samples during the test. These have been omitted from J576 JUL91. NHTSA believes the J576c heat test should be retained because the test is the only heat resistance requirement in Standard No. 108. The test acts to eliminate flagrantly inferior material for reflex reflectors. (Use of material with insufficient high temperature performance can result in reflectors that lose color and reflectivity.) The positioning of test samples will allow the sample to droop if its strength is adversely affected by the test. Alternative 2 This alternative would retain the current SAE and ASTM specifications but would allow processing techniques other than injection molding to produce equivalent test specimens, test specimens other than a disc of 3-inch diameter, and a test specimen thickness tolerance of 0.010 inch. 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 180 days after its publication in the Federal Register. 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 to update testing procedures. Since it is not anticipated that the final rule will 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 composition of plastic materials used in optical parts 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 and motor vehicle equipment, 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 vehicle equipment 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 A final rule based on this proposal would not have any retroactive effect. Under 49 U.S.C. Sec. 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. 49 U.S.C. Sec. 30161 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. PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS In consideration of the foregoing, 49 CFR Part 571 would be amended as follows: 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. 2. Section 571.108 would be amended by revising paragraph S5.1.2, in one of the two manners proposed below, as follows: Sec. 571.108 Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Option 1 * * * * * S5.1.2 Plastic materials used for optical parts such as lenses and reflectors shall conform to SAE Recommended Practice J576 JUL91, except that: (a) Plastic lenses (other than those incorporating reflex reflectors) used for inner lenses or those covered by another material and not exposed directly to sunlight shall meet the requirements of paragraphs 3.3 and 4.2 of SAE J576 JUL91 when covered by the outer lens or other material; (b) After the outdoor exposure test, the haze and loss of surface luster of plastic materials used for lamp lenses shall not be greater than 30 percent haze as measured by ASTM D 1003-92, Haze and Luminous Transmittance of Transparent Plastic; (c) After the outdoor exposure test, plastic materials used for reflex reflectors and for lenses used in front of reflex reflectors shall not show surface deterioration, crazing, dimensional changes, color bleeding, delamination, loss of surface luster, or haze that exceeds 7 percent as measured under ASTM D 1003-92. (d) The tolerance of the thickness of the test specimens specified in paragraph 3.2.2 of SAE J576 JUL91 may vary by as much as 0.25 mm. (e) After exposure to the heat test as specified in paragraph (f) of this section, and after cooling to room ambient temperature, a test specimen shall show no discernable change in shape and general appearance when compared with an unexposed specimen. The trichromatic coefficients of the samples shall conform to the requirements of SAE J578a, ``Color Specification for Electric Signal Lighting Devices'', October 1966. (f) Two samples of each thickness of each plastic material are used in the heat test. Each sample is supported at the bottom, with at least 51 mm. of the sample above the support, in the vertical position in such a manner that, on each side, the minimum uninterrupted area of exposed surface is not less than 3225 sq. mm. The samples are placed for two hours in a circulating air oven at 79 3 degrees C. Option 2 S5.1.2 Plastic materials used for optical parts such as lenses and reflectors shall conform to SAE Recommended Practice J576c, May 1970, except that: (a) Plastic lenses (other than those incorporating reflex reflectors) used for inner lenses or those covered by another material and not exposed directly to sunlight shall meet the requirements of paragraphs 3.4 and 4.2 of SAE J576c, when covered by the outer lens or other material; (b) After the outdoor exposure test, the haze and loss of surface luster of plastic materials used for lamp lenses shall not be greater than 30 percent haze as measured by ASTM D 1003-61, Haze and Luminous Transmittance of Transparent Plastic; (c) After the outdoor exposure test, plastic materials used for reflex reflectors and for lenses used in front of reflex reflectors shall not show surface deterioration, crazing, dimensional changes, color bleeding, delamination, loss of surface luster, or haze that exceeds 7 percent as measured under ASTM D 1003-61; (d) Samples of plastic to be tested need not be injection molded as specified in paragraph 3.3.1 of SAE J576c, nor discs of a diameter of 76 mm.; and (e) The tolerance specified in paragraph 3.3.2 of SAE J576c shall be 0.25 mm. Issued on October 27, 1994. Barry Felrice, Associate Administrator for Rulemaking. [FR Doc. 94-27151 Filed 11-1-94; 8:45 am] BILLING CODE 4910-59-P