Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment, 77454-77599 [05-24421]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Proposed Rules]
[Pages 77454-77599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24421]



[[Page 77453]]

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Part II





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Part 571



Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and 
Associated Equipment; Proposed Rule

Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / 
Proposed Rules

[[Page 77454]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2005-22093]
RIN 2127-AJ75


Federal Motor Vehicle Safety Standards; Lamps, Reflective 
Devices, and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: Our safety standard on lamps, reflective devices, and 
associated equipment specifies performance requirements intended to 
reduce the incidence of vehicle crashes by providing adequate 
illumination of the roadway and by enhancing motor vehicle conspicuity 
in daylight, darkness, and other conditions of reduced visibility. As a 
result of various safety initiatives and technological advances in 
vehicle lighting, numerous amendments to the regulatory text have left 
the standard unwieldy and unnecessarily complicated. In addition, the 
standard's provisions have been interpreted frequently by the agency 
over the past several decades in response to interpretation request 
letters. This document proposes to amend the standard by reorganizing 
the regulatory text so that it provides a more straight-forward and 
logical presentation of the applicable regulatory requirements, which 
includes the agency's interpretation of the existing requirements. This 
proposal would not impose any new substantive requirements on 
manufacturers.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than March 30, 2006.

ADDRESSES: You may submit comments identified by the DOT Docket Number 
cited in the heading of this document by any of the following methods:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 7th Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401, 400 7th Street, SW., 
Washington, DC, between 9 am and 5 pm, Monday through Friday, except 
Federal Holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to https://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Rulemaking Analyses 
and Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 am and 5 pm, Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For technical issues: David Hines, 
Office of Crash Avoidance Standards (NVS-121), NHTSA, 400 Seventh 
Street, SW., Washington, DC 20590. (Telephone: (202) 493-0245) (Fax: 
(202) 366-7002).
    For legal issues: Eric Stas, Office of the Chief Counsel (NCC-112), 
NHTSA, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: (202) 
366-2992) (Fax: (202) 366-3820).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
    A. Historical Overview of the Standard
    B. The Need for an Administrative Re-write of the Standard
III. Agency Proposal
    A. Summary of the Proposal
    B. Process for Developing the Administrative Re-write
    1. Review of Existing Regulatory Text
    2. Review of Existing Interpretation Letters
    3. Structure of the Revised Standard
    4. Incorporations by Reference
    C. Effective Date
IV. Benefits and Costs
V. Public Participation
VI. Rulemaking Analyses and Notices

I. Executive Summary

    The agency is proposing to amend Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, reflective devices, and associated 
equipment, by reorganizing the regulatory text and directly importing 
requirements from applicable Society of Automotive Engineers (SAE) 
standards currently incorporated by reference into the standard. The 
main objective of this re-write is to increase clarity by: (1) Making 
requirements easier to find and comprehend; (2) presenting performance 
requirements and test procedures together through the inclusion of 
relevant provisions of third-party documents (currently incorporated by 
reference) directly into the regulatory text of the standard; and (3) 
updating Standard No. 108 to reflect letters of interpretation.
    The re-write of FMVSS No. 108 is considered to be administrative in 
nature because the standard's existing requirements and obligations are 
not being increased, decreased, or substantively modified. Accordingly, 
costs associated with manufacturer compliance with Standard No. 108 are 
not expected to change as a result of this regulatory action.

II. Background

A. Historical Overview of the Standard

    The initial version of FMVSS No. 108 was adopted almost 40 years 
ago \1\ to increase motor vehicle safety by establishing requirements 
for vehicle lighting, reflective devices, and associated equipment. In 
developing the standard, NHTSA incorporated requirements from a number 
of industry consensus standards, in particular SAE standards. At that 
time, motor vehicle technologies were relatively simple, as compared to 
today's designs. For example, motor vehicle headlighting systems were 
limited to ones consisting of either two 7-inch or four 5\3/4\-inch 
round sealed beam units. During the ensuing years, a number of 
rectangular sealed beam units, replaceable bulb headlamps, and integral 
beam headlamps were developed, and FMVSS No. 108 was amended to permit 
the use of these new technologies. Later, the standard was further 
amended to add requirements for center high-mounted stop lamps, side 
marker lamps, and side reflex reflectors, to allow for daytime running 
lamps, and to address the conspicuity needs of large vehicles. However, 
such amendments were made on an ad hoc basis, which, over time, 
resulted in a patchwork organization for FMVSS No. 108.
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    \1\ The final rule which first promulgated FMVSS No. 108 was 
published on February 3, 1967, with an effective date of January 1, 
1968 (see 32 FR 2408).
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    Furthermore, when regulated parties had questions regarding how 
FMVSS No. 108 should be interpreted (in many instances due to rapid 
advances in lighting technology not fully anticipated or addressed by 
the existing regulatory text), they submitted requests for 
interpretation to the agency on specific issues. Since its 
promulgation, there has been a large number of interpretation letters 
issued on FMVSS No. 108. Thus, in its current state, FMVSS No. 108 has

[[Page 77455]]

requirements that are located directly in its regulatory text, located 
in referenced SAE standards, and elaborated upon in various agency 
interpretations. Since its inception, NHTSA has never completed a 
thorough reorganization of the entire standard.

B. The Need for an Administrative Re-write of the Standard

    Due to concerns about being able to locate requirements efficiently 
and the apparent lack of clarity associated with the standard as 
demonstrated by an abundance of letters of interpretation, we have 
decided to undertake an administrative re-write of FMVSS No. 108. The 
agency has also received complaints that the current text of FMVSS No. 
108 sometimes results in confusion, in part due to the way it is 
organized. In present form, FMVSS No. 108 does not group all 
requirements for a particular lamp together. Regulated parties have 
stated that the current organization of FMVSS No. 108 makes it 
difficult for them, at times, to be fully confident that all applicable 
requirements have been identified and satisfied prior to certification 
to the standard. Also, the large number of interpretations that has 
been issued by the agency regarding Standard No. 108 makes it difficult 
for interested parties to locate and identify the agency's position on 
relevant issues. In addition, regulated parties have conveyed to the 
agency in recent years that some of the older SAE standards 
incorporated by reference into FMVSS No. 108 are no longer readily 
available from SAE International.
    The agency believes that interested parties should have easy access 
to the requirements of the standard, and, therefore, we believe there 
would be value in publishing requirements that are currently contained 
in third-party documents directly within FMVSS No. 108 itself. For 
example, the performance requirements and associated test procedures 
for various lamps are currently contained in several referenced SAE 
standards. However, the agency believes it would be beneficial to 
incorporate these requirements, without change, directly into the 
regulatory text of FMVSS No. 108. The same logic applies to our 
decision to propose including the results of relevant legal 
interpretations into the standard. Furthermore, several provisions in 
Standard No. 108 refer to regulatory inception dates that are several 
years in the past, so the agency is proposing to eliminate text citing 
such past dates.
    For these reasons, we believe that the benefits of an 
administrative re-write of FMVSS No. 108 (e.g., making the standard 
more navigable and thereby facilitating compliance with existing 
requirements) justify the necessary commitment of agency resources to 
accomplish this reorganization of the standard.

III. Agency Proposal

A. Summary of the Proposal

    The agency is proposing to reorganize FMVSS No. 108 in such a 
manner as to make it more understandable (e.g., by adopting a 
simplified numbering scheme) and to reduce references to third-party 
documents. This administrative re-write attempts to organize related 
materials in a logical and consistent manner that improves the clarity 
of the requirements, thereby increasing its utility for interested 
parties. As proposed, the reorganized standard would progress from 
vehicle-level requirements to device-level requirements, beginning with 
the most common requirements and then proceeding to exceptions. In 
order to make requirements easier to find, we are proposing to add a 
Table of Contents as an appendix to the standard. In addition, a list 
of figures and cross-reference roadmaps are included as a part of this 
proposal in order to indicate where specific requirements currently in 
FMVSS No. 108 would reside in the reorganized regulatory text of the 
standard.
    This document also proposes to move figures addressing sealed beam 
headlamps that are currently included in FMVSS No. 108 and SAE J1383 
(APR 1985) into 49 CFR Part 564 as a newly-created Appendix C. 
Consistent with our understanding that few lighting manufacturers still 
produce sealed beam headlamps, we see few drawbacks to consolidating 
the information regarding sealed beam light sources with other light 
source information currently located in 49 CFR Part 564, Replaceable 
Light Source Information.
    By way of overview, requirements in the proposed re-write of FMVSS 
No. 108 are consolidated into dedicated paragraphs. The first several 
paragraphs (S1 through S4) would be organized in the same manner as the 
present standard, although we note that S4, Definitions, has been 
expanded to incorporate relevant definitions from the applicable SAE 
standards previously incorporated as part of Standard No. 108. S5 would 
address the remaining references to SAE standards.
    Whereas Standard No. 108 currently references approximately 35 
different SAE documents in nearly 100 separate instances, the proposed 
re-write references eight SAE documents, which we believe will not be 
commonly used by regulated parties. Performance requirements and 
physical and environmental test procedures currently located in SAE 
standards, including but not limited to SAE J575d (Aug 1967), SAE J 
575e (Aug 1970), SAE J575 (Dec 1988), SAE J565b (Feb 1969), SAE J580 
(Dec 1986), SAE J565b (Feb 1969), SAE J590b (Oct 1965), and SAE J945 
(Feb 1966), have been included in Tables XXI to XXIII of FMVSS No. 108 
as part of the proposed re-write. To the extent possible, the proposed 
re-write limits the amount of references within the regulatory text to 
other sections of the standard.
    As an organizational improvement, the proposal addresses vehicle-
level requirements in S6, including requirements by vehicle type. 
Following that, requirements are organized with dedicated sections for 
each type of lamp and reflective device, beginning with signal lamps, 
reflective devices and associated equipment under S7 and headlamp and 
headlighting requirements under S8 through S13, and S16 through S18. 
S14 addresses aimability performance requirements, while S15 covers 
replaceable light sources (including references to Part 564). The 
agency believes this format would make the standard more comprehensible 
and user-friendly.
    From a regulatory perspective, it is our intention that this 
administrative re-write of Standard No. 108 would neither result in any 
current obligation being diminished, nor any new obligation being 
imposed. Therefore, we do not believe that vehicle manufacturers and 
lighting manufacturers would have to make any changes to their 
respective products or production processes if this proposal were made 
final. Accordingly, we are proposing to make the proposed revisions 
effective 180 days after publication of the final rule. Voluntary early 
compliance with the reorganized standard is proposed to be permitted 
immediately, although the substantive requirements are identical under 
both versions.

B. Process for Developing the Administrative Re-Write

1. Review of Existing Regulatory Text
    The agency began this administrative re-write process by reviewing 
the existing regulatory text of Standard No. 108, including 
requirements that are currently incorporated by reference from SAE 
standards. During the course of this extensive review, it became 
apparent that FMVSS No. 108 could be organized in a more efficient 
manner. We noted that, in many instances,

[[Page 77456]]

requirements for a specific lamp are located throughout FMVSS No. 108. 
In many cases, the regulatory text of the standard references other 
sections within the standard, which made review cumbersome. In other 
cases, FMVSS No. 108 contains specific performance requirements but 
does not contain the applicable test procedure (which is located in the 
cited SAE standard); the agency noted it would be much easier to 
simultaneously review both the test procedures and performance 
requirements if that information were consolidated in one location, in 
contrast to the current arrangement.
2. Review of Existing Interpretation Letters
    Because there have been over two thousand interpretation letters 
issued by the agency regarding FMVSS No. 108 since the standard was 
initially implemented, we attempted to identify the most significant 
ones. The criteria used in determining whether an interpretation was 
significant focused on whether it provided value in clarifying the 
provisions in the standard. In the vast majority of cases, requests for 
interpretation have identified questions regarding applicability of 
certain provisions to specific design configurations. These 
interpretations were not included, because we tentatively concluded 
they would not add value to the regulatory text.
    Using this approach, in order to clarify the current requirements 
of FMVSS No. 108, the re-write proposal contains text from the 
following key interpretation letters (each of which is briefly 
described in the following paragraphs), to Mr. Alkire \2\ (11/28/89), 
Mr. Camp \3\ (6/17/97), Mr. Clarke \4\ (7/28/05), Mr. Farber \5\ (5/26/
00), Mr. King \6\ (7/12/00), Mr. Parkyn \7\ (6/1/98), and Mr. Spingler 
(7/2/99 \8\ and 4/6/00 \9\). (Each of these interpretations is 
discussed below, although only to the extent necessary to describe the 
key principle(s) being incorporated as part of the administrative re-
write of FMVSS No. 108.) It also reflects our notice of interpretation 
concerning replacement equipment published in the Federal Register (70 
FR 65972) on November 1, 2005. The agency invites input from interested 
parties regarding additional interpretations that they believe should 
be included in the final rule for this administrative re-write, 
including identification of the interpretation, specific text to 
consider, and the applicable paragraph of the re-write where it should 
be added.
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    \2\ https://isearch.nhtsa.gov/files/2169y.html.
    \3\ https://isearch.nhtsa.gov/files/15309.ztv.html.
    \4\ https://isearch.nhtsa.gov/files/GF002551.3.html.
    \5\ https://isearch.nhtsa.gov/files/21341.ztv.html.
    \6\ https://isearch.nhtsa.gov/files/21605.ztv.html.
    \7\ https://isearch.nhtsa.gov/files/17690.ztv.html.
    \8\ https://isearch.nhtsa.gov/files/19548.ztv.html.
    \9\ https://isearch.nhtsa.gov/files/21406.ztv.html.
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    The Alkire interpretation addressed questions regarding 
modifications that may take a vehicle out of compliance and what 
parties are prohibited from making such modifications. It states, 
``This standard [FMVSS 108] must be met when the vehicle is 
manufactured, and when it is sold to its first purchaser (i.e., dealer-
installed equipment must not affect compliance of the vehicle with the 
safety standards).'' Because dealers are increasingly involved in 
installing equipment and accessories to vehicles before they are 
initially sold and those items usually raise obstruction issues, 
explicit language was incorporated in S6.2.2 of this proposal to 
address obstruction.
    The Camp interpretation established that running boards are 
considered substantially similar to other items of equipment such as 
signal lamps, marker lamps, outside rearview mirrors, flexible fender 
extensions, mud flaps, and outside door handles, and thus should be 
likewise excluded from the definition of ``overall width'' that 
currently resides in obscurity as footnote 1 to Table IV of Standard 
No. 108. All definitions specific to FMVSS No. 108 are located in S4 of 
this proposal, including ``overall width.'' Adding running boards to 
that definition consolidates all exclusions and clarifies the 
requirement.
    The Clarke interpretation responded to a request to clarify how 
close auxiliary lamps may be mounted to required identification lamps 
to avoid impairment. FMVSS No. 108 requires that the three lamps that 
make up the identification lamp cluster be spaced from 6 to 12 inches 
apart. This unique appearance serves as a signal to other drivers that 
the vehicle, so equipped, is a large vehicle. Therefore, our 
interpretation letter stated that in making an impairment 
determination, the agency considers how close the identification lamps 
are spaced to each other, as well as to the auxiliary lamps. In that 
letter, the agency stated that positioning auxiliary lamps at a 
distance that is at least twice the distance that separates each lamp 
in the required three-lamp cluster provides sufficient separation not 
to impair the effectiveness of the three lamp cluster. This language 
was included in S6.2.5 of this proposal. In addition, the Clarke 
interpretation also emphasized that auxiliary lamps must be designed to 
comply with the photometric output and be of the same color as required 
lamps to avoid impairment. This requirement is contained in S6.2.3 of 
this proposal to add clarity.
    The Farber interpretation addressed the issue of what actions are 
permitted to cause the stop lamps to illuminate. The current explicit 
language in FMVSS No. 108 requires that stop lamps illuminate ``upon 
application of the service brakes.'' In this interpretation letter, 
NHTSA discussed the fact that any item of vehicle equipment that 
diminishes the speed of a vehicle beyond normally achievable coast-down 
deceleration creates an appearance to a following driver equivalent to 
that of a service brake application. Therefore, it would be permissible 
for the stop lamps to be illuminated when a device such as an engine 
retarder, transmission downshifting device, or similar item acts to 
slow the vehicle, because such illumination would not create any 
confusion in the mind of a following driver and thus would not ``impair 
the effectiveness'' of the required stop lamps. Accordingly, this 
proposal states in S6.1.5.1 (Stop lamp activation): ``Each stop lamp 
may also be activated when the vehicle is slowed by a device designed 
to retard the motion of the vehicle.'' This language also appears in 
each of the three ``Stop Lamps'' rows in the ``Device Activation'' 
column of Table I.
    The King interpretation concerned lamp systems (such as stop lamps, 
turn signal lamps, and taillamps), that consist of two closely mounted 
lamps, one of which is mounted on the outer edge of the deck lid and 
the other mounted adjacent on the rear quarter panel. The photometric 
requirements for stop lamps, rear turn signal lamps, and taillamps must 
be determined based upon how many such individual lamps or individual 
lighted sections in a single lamp are present. In the situation 
described in the King interpretation, there were two discrete, 
physically-separate lamps each having a portion of the total stop, turn 
signal, and tail function for one side of the vehicle. Mr. King asked 
whether both functions, when considered together, must be designed to 
comply with the two-lighted-section photometry requirement for that 
function, or whether the lamp mounted on the rear quarter panel must be 
designed to comply with the single-lighted-compartment photometric 
requirement for that function. NHTSA confirmed that in the situation 
described, the lamp that is mounted on the rear quarter panel is the 
one that must be designed to comply with FMVSS No. 108 because it will 
be visible at all times. In contrast, the lamp

[[Page 77457]]

mounted to the deck lid would be considered supplemental lighting 
equipment because it could be out of design position if the vehicle is 
operated with the lid open. In order to clarify FMVSS 108's 
requirements in such situations, S6.1.3 (Mounting location and height) 
of this proposal includes the following sentence: ``When multiple lamp 
arrangements of or multiple compartment rear turn signal lamps, stop 
lamps, or taillamps are used, with only a portion of the compartments 
or lamps installed on a fixed body panel of the vehicle, that portion 
must meet at least the photometric requirements for the appropriate 
single compartment lamp.''
    The Parkyn interpretation responded to a request for clarification 
regarding photometric requirements for stop lamps installed on motor-
driven cycles. Regarding such lamps, the applicable section of the 
current version of FMVSS No. 108 states the required photometric output 
``for the group of test points specified in Figure 1 is at least one-
half of the minimum values set forth in that figure.'' The process of 
determining the photometric requirements for parking lamps, taillamps, 
and motor-driven cycle stop lamps in FMVSS No. 108 is a multi-step 
procedure requiring a calculation based on values found in Figures 1A, 
1B, and 1C. NHTSA stated the result of the proper calculation for a 
single lighted section motor-driven cycle stop lamp was 26 candela in 
Zones 1 and 5, 50 candela in Zones 2 and 4, and 190 candela in Zone 3. 
To simplify this requirement, this proposal has obviated the need for 
such calculations by eliminating the content of Figures 1A, 1B, and 1C, 
choosing instead to place the specific photometric values into new 
Table XIV for parking lamps, Table VIII for taillamps, and Table IX for 
stop lamps. Footnote 5 of Table IX specifically notes the portion that 
applies to motor-driven cycle stop lamps.
    The letter of interpretation issued to Mr. Spingler on July 2, 1999 
responded to a request for clarification as to whether there are any 
lateral limits on headlamp lower beam photometry in the area from 
10[deg]U to 90[deg]U. Currently, FMVSS No. 108 Figures 15-1, 15-2, 17-
1, 17-2, 28-1, and 28-2, which address lower beam headlamp photometry, 
require a maximum of 125 candela in the area of 10[deg]U to 90[deg]U 
but do not cite any lateral limits in that area. In our interpretation 
to Mr. Spingler, NHTSA stated, ``The Figures do not state where in 
space from left to right to locate the vertical line, and thus, they do 
not specify that a line is to be measured. It follows that the only 
description of a set of test points is that of the entire area from 90L 
to 90R and 10U to 90U, i.e., an area from the extreme left of the test 
point grid to the extreme right of the test point grid, with an 
elevation of from 10U to 90U.'' This requirement has been explicitly 
incorporated in Table XIX of this proposal, which specifies lateral 
limits of 90[deg]L to 90[deg]R in the area of 10[deg]U to 90[deg]U.
    The letter of interpretation issued to Mr. Spingler on April 6, 
2000 concerned the procedure for measuring the cut-off parameter in a 
visually/optically aimable headlamp, specifically the appropriate 
measurement distance and photo sensor aperture size. In that letter, we 
stated that the intent of the negotiated rulemaking, which culminated 
with the amendments to FMVSS No. 108 permitting visually-optically 
aimed headlamps, was to specify that the cut-off parameter should be 
measured and aimed at a distance of 10 meters using a photosensor with 
a 10 millimeter diameter. The letter also confirmed that compliance 
with photometric requirements is determined at 18.3 meters. NHTSA also 
stated its intent to include these requirements in a future amendment 
to FMVSS 108. This proposal fulfills that commitment by proposing to 
include these requirements in S14.10.1.5.
3. Structure of the Revised Standard
    The agency developed the general approach for this proposal to 
reorganize FMVSS No. 108 through coordinated efforts between NHTSA and 
a lighting consultant with whom the agency contracted. The proposed 
structure for this administrative re-write follows that of a report 
submitted under this contract (which may be found in the docket for 
this rulemaking), beginning with the most common requirements and then 
proceeding to exceptions and permutations. As proposed, the standard 
progresses from vehicle-level requirements to device-level 
requirements, consolidated from a structural perspective to the extent 
possible. References to third-party documents have been eliminated, to 
the extent possible, with applicable requirements instead being 
included directly in the text of FMVSS No. 108.
    The following provides an overview of the provisions contained in 
the revised standard, as proposed. As previously mentioned, paragraphs 
S1 through S4 are nearly identical to the existing standard. S5 makes 
clear that some SAE documents continue to be incorporated by reference 
in FMVSS No. 108 and states that a list of those SAE documents may be 
found in 49 CFR 571.5(j). (We note that while 49 CFR 571.5 (j) does not 
currently exist, a recent NPRM \10\ published in the Federal Register 
proposed to establish 49 CFR 571.5 as a centralized repository of all 
third-party documents incorporated by reference in our FMVSSs.)
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    \10\ 70 FR 36094 (June 22, 2005). This NPRM primarily addressed 
the definition of ``designated seating position'' (see Docket No. 
NHTSA-2005-21600-1).
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    As proposed, we have reorganized S6 to include the vehicle-level 
requirements for motor vehicle lighting equipment. The basic parameters 
for such equipment, including quantity required, color, mounting, and 
activation, are addressed. Supplementing S6 is Table I. Table I 
specifies requirements for the above parameters for each lamp and 
reflective device. In terms of hierarchy, Table I is organized by 
starting with equipment required on all vehicles (except trailers and 
motorcycles), and then listing other required or optional devices that 
are necessary depending on the specific width, length, weight, 
construction, or purpose of a vehicle. This process is subsequently 
repeated for trailers and motorcycles.
    Proposed Table I also incorporates the content from Tables I, II, 
III, and IV of current FMVSS No. 108, as well as activation 
requirements from the text of the current standard. The term 
``activation'' is given the same meaning in both the proposed re-write 
and the current version of FMVSS No. 108; that term refers to how the 
light sources for specific lighting functions are energized. Some of 
these requirements are currently identified as ``wiring'' requirements 
under FMVSS No. 108, but because of problems associated with imprecise 
usage of that term, we have decided not to use it to describe 
energizing light sources in the re-write.
    S6 also describes additional equipment that may be installed under 
the standard, such as Daytime Running Lamps (DRLs) and additional 
quantities of required devices above those needed to make a vehicle 
compliant with the standard. A recent letter of interpretation (the 
previously discussed letter of interpretation to Mr. Clarke) concerning 
the installation of auxiliary identification lamps is reflected in this 
section. The requirement that additional equipment cannot impair the 
effectiveness of required equipment is also included under S6, along 
with requirements that arise when a lamp or reflective device is 
obscured by another item of equipment. Permitted and prohibited 
combinations of lamps and reflective devices are included in S6.3,

[[Page 77458]]

and S6.4 deals with the requirements of effective projected luminous 
lens area and visibility. Specific effective projected luminous lens 
area and visibility requirements for all lamps are listed in Tables IV 
and V.
    The use of ``DOT'' and ``DRL'' markings is explained in S6.5. We 
note that although we considered consolidating all marking requirements 
into one section, such an approach proved to be unattainable because of 
the organizational structure chosen for the re-write. Because the 
``DOT'' marking is the one that has the widest applicability for items 
of equipment regulated under FMVSS No. 108 items and in light of the 
prominent position of S6.5, we do not believe that it would be 
overlooked by future users.
    S6.6 lists the various items of associated equipment required on 
regulated vehicles. It also includes requirements for a license plate 
holder previously referenced in SAE J587 (OCT 1981). Another important 
provision is S6.7, which covers replacement lighting equipment. The 
proposed language in the re-write states that such equipment must 
conform to all requirements except photometry, and it must be designed 
to conform to photometry requirements, either of the current version of 
FMVSS No. 108 or the version in effect at the time of manufacture of 
the original equipment being replaced. This text provides the 
distinction for older lamp replacements contained in paragraphs S5.8.3 
to S5.8.9 of the current standard.
    Performance requirements based upon physical tests (e.g., corrosion 
test, vibration test, dust test) begin at S6.8. Most of the detailed 
test procedures and performance requirements have been placed in Table 
XXI for associated equipment, Table XXII for signal lamps, motorcycle 
headlamps, and reflective devices, and Table XXIII for headlamps. Tests 
for color and plastic optical materials placed in Table XXII also may 
apply to headlamps.
    S6.8 also includes detailed procedures for photometric testing. For 
example, one specific test procedure applies to all lamps, except 
license plate lamps, headlamps, and DRLs. Another test procedure is 
specifically for license plate lamps, while yet another applies only to 
DRLs. Headlamps have their own test procedure, as do reflex reflectors 
and retroreflective sheeting. A major distinction between these 
different photometry test procedures is the minimum distance required 
between the sample lamp or reflective device and the photo detector.
    Requirements for specific lamps, reflective devices, and items of 
associated equipment are contained in S7. There is a provision for each 
individual type of lamp or reflective device, under which design 
requirements, if any, are listed, and physical test requirements for 
that item are contained in Table XXII. In addition, the photometric 
test requirements specific to each signal lamp or reflective device are 
included in Tables VII through XVII. These tables, along with their 
footnotes, provide complete photometric requirements for the lamps and 
reflective devices installed on all regulated vehicles covered under 
the standard. Photometry requirements generally include minimum and 
maximum luminous intensities at specific test points or groups of test 
points, intensities for arrays of multiple lamps or multiple 
compartment lamps, intensity ratios between the separate functions of 
optically combined lamps, as well as differing intensities for lamps 
that perform the same function but are of different colors.
    Requirements for conspicuity systems on truck tractors and some 
trailers are also a part of S7. The text of S7 sets forth presence, 
performance, and marking requirements, while the application 
requirements for covered vehicles are contained in Table III. Figures 
11, 12-1, 12-2, and 13 visually supplement the narrative explanation in 
Table III concerning the placement of conspicuity material on these 
vehicles. Table XVI includes photometry requirements for reflex 
reflectors, conspicuity reflex reflectors, and retroreflective 
sheeting. Specific requirements for items of associated equipment are 
contained in S7.14, while the applicable test requirements are 
specified in Table XXI.
    S8 contains the requirements for headlighting systems and cites 
Table II, which specifically addresses the four categories of headlamps 
that are permitted to be installed on vehicles. Each of these 
categories (sealed beam, integral beam, replaceable bulb, and 
combination headlighting systems) has specific photometric 
requirements. The requirements are also dependent upon whether the 
system is a two-lamp or four-lamp design and whether the headlamps are 
mechanically or visually aimed. All upper beam photometric requirements 
are contained in Table XVIII, and all lower beam photometric 
requirements are contained in Table XIX. S8 also describes how upper 
beam and lower beam headlamps must be arranged on the vehicle.
    Under proposed S9, the standard provides more detailed requirements 
for sealed beam headlamps, including a statement explaining that basic 
design information may be found in Appendix C of Part 564. In addition, 
S9 specifies requirements for a sealed beam headlighting system in 
which the upper and lower beams are aimed simultaneously. The text also 
directs the reader to the applicable photometric and physical test 
requirements for that type of headlighting system.
    Similar to the provisions in S9, paragraph S10 contains analogous 
provisions for integral beam headlamps, and paragraph S11 contains 
those same type of provisions for replaceable bulb headlamps. S12 
contains requirements for combination headlamps. A combination headlamp 
system, being composed of a combination of specific sealed beam 
headlamps, integral beam headlamps, or replaceable bulb headlamps, does 
not have specific performance requirements. Rather, its component parts 
are required to meet the performance associated with their particular 
category.
    Paragraph S13 contains requirements for motorcycle headlamps. 
Generally, motorcycles may use one half of any listed headlamp system 
or a headlighting system exclusive to motorcycles. The standard 
includes design requirements for the motorcycle-exclusive system in S13 
and associated photometry requirements in Table XX. Requirements for 
motorcycle headlamp modulation systems are also contained in S13.
    Paragraph S14 addresses headlamp adjustment and aiming. Headlamps 
may either be mechanically aimed by an external aiming device that 
attaches to the lens face, mechanically aimed by using an integral 
aiming device called a Vehicle Headlamp Aiming Device (VHAD), or be 
visually-optically aimed. S14 includes specific requirements for each 
of these aiming systems, and Table XXIII contains physical test 
requirements for the VHAD system. Requirements for marking the optical 
axis of a headlamp are also contained in this section.
    Paragraph S15, dealing with replaceable light sources, is almost 
identical to the corresponding section currently in FMVSS No. 108; 
however, some test procedures and performance requirements have been 
incorporated into Table XXIII. Paragraph S16, addressing headlamp 
concealment devices, has been adopted verbatim from the current FMVSS 
No. 108. Paragraph S17 consolidates marking requirements that apply 
only to headlamps and lists for reference the other sections of the 
FMVSS No. 108 re-write where marking requirements reside. Paragraph S18 
contains requirements for headlamps with replaceable lenses.

[[Page 77459]]

4. Incorporations by Reference
    FMVSS No. 108 currently incorporates approximately three dozen SAE 
standards by reference. Under the proposed reorganization of the re-
write, the number of SAE standards that would continue to be 
incorporated by reference is reduced to eight. This reduction would be 
achieved by including performance requirements and test procedures 
currently contained in SAE standards into the tables and text of FMVSS 
No. 108. We believe that this modification would greatly increase the 
utility of the document and that most interested parties would 
infrequently, if ever, need to use the SAE standards that continue to 
be incorporated by reference.
    Under the proposed re-write, FMVSS No. 108 would still incorporate 
the requirements of the following SAE Standards by reference: (1) SAE 
J588e, Turn Signal Lamps (September 1970), (2) SAE J573d, Lamp Bulbs 
and Sealed Units (December 1968), (3) SAE J577, Vibration Test Machine 
(April 1964), (4) SAE J823b, Flasher Test Equipment (April 1968), (5) 
SAE J602, Headlamp Aiming Device for Mechanically Aimable Sealed Beam 
Headlamp Units (August 1963), (6) SAE J602, Headlamp Aiming Device for 
Mechanically Aimable Sealed Beam Headlamp Units (October 1980), (7) SAE 
J2009, Discharge Forward Lighting Systems (February 1993), and (8) SAE 
J1050, Describing and Measuring the Driver's Field of View.

C. Effective Date

    As previously discussed, the proposed amendments set forth in this 
notice would not make substantive changes to the existing standard. 
Instead, we are proposing to amend and reorganize the regulatory text 
of FMVSS No. 108 so that it simplifies the presentation of the 
standard's requirements for lamps, reflective devices, and associated 
equipment and reflects the agency's interpretation of the existing 
requirements. We believe vehicle manufacturers and lighting 
manufacturers would not have to make any changes to their respective 
products or production processes if this proposal were made final; 
instead, the proposed amendments should reduce the burden of certifying 
to Standard No. 108 for regulated parties. Accordingly, we are 
proposing to make the proposed revisions effective 180 days after 
publication of the final rule. Voluntary early compliance with the 
reorganized standard would be permitted immediately, although the 
substantive requirements are identical under both versions.

IV. Benefits and Costs

    Because this proposal only reorganizes the existing requirements of 
the standard, we do not anticipate that there would be any costs or 
benefits associated with this rulemaking action to implement an 
administrative re-write of FMVSS No. 108, other than the benefits 
associated with a clearer, easier-to-read standard. Accordingly, the 
agency did not conduct a separate economic analysis for this 
rulemaking.

V. Public Participation

How Can I Influence NHTSA's Thinking on This Notice?

    In developing this notice, NHTSA has sought to address the concerns 
of all stakeholders. Your comments will help us determine the final 
form for the standard, pursuant to the FMVSS No. 108 re-write. We 
invite you to provide different views about the issues presented, 
specific interpretations that have not been included in the re-write 
that you think should be (including applicable proposed regulatory 
text), how this notice may affect you, or other relevant information. 
We welcome your views on all aspects of this notice. Your comments will 
be most effective if you follow the suggestions below:
     Explain your views and reasoning as clearly as possible.
     Provide empirical evidence, wherever possible, to support 
your views.
     If you estimate potential costs, explain how you arrived 
at that estimate.
     Provide specific examples to illustrate your concerns.
     Offer specific alternatives, including proposed regulatory 
text.
     Reference specific sections of the notice in your 
comments, such as the units or page numbers of the preamble, or the 
regulatory sections.
     Be sure to include the name, date, and docket number of 
the proceeding as part of your comments.

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21) 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    You may also submit your comments to the docket electronically by 
logging onto the Dockets Management System Web site at https://
dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing your document electronically.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail. Each electronic filer will 
receive electronic confirmation that his or her submission has been 
received.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter delineating that information, as specified in our confidential 
business information regulation. (49 CFR Part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider it in 
developing a final rule (assuming that one is issued), we will consider 
that comment as an informal suggestion for future rulemaking action.

[[Page 77460]]

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also review filed public comments on the Internet. To read 
the comments on the Internet, take the following steps:
    1. Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (https://dms.dot.gov/).
    2. On that page, click on ``search.''
    3. On the next page (https://dms.dot.gov/search/), type in the four-
digit docket number shown at the beginning of this document. (Example: 
If the docket number were ``NHTSA-1998-1234,'' you would type 
``1234.'') After typing the docket number, click on ``search.''
    4. On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

Data Quality Act Statement

    Pursuant to the Data Quality Act, in order for substantive data 
submitted by third parties to be relied upon and used by the agency, it 
must also meet the information quality standards set forth in the DOT 
Data Quality Act guidelines. Accordingly, members of the public should 
consult the guidelines in preparing information submissions to the 
agency. DOT's guidelines may be accessed at https://dmses.dot.gov/
submit/DataQualityGuidelines.pdf.

VI. Rulemaking Analyses and Notices

A. Vehicle Safety Act

    Under 49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 
et seq.), the Secretary of Transportation is responsible for 
prescribing motor vehicle safety standards that are practicable, meet 
the need for motor vehicle safety, and are stated in objective 
terms.\11\ These motor vehicle safety standards set a minimum standard 
for motor vehicle or motor vehicle equipment performance.\12\ When 
prescribing such standards, the Secretary must consider all relevant, 
available motor vehicle safety information.\13\ The Secretary also must 
consider whether a proposed standard is reasonable, practicable, and 
appropriate for the type of motor vehicle or motor vehicle equipment 
for which it is prescribed and the extent to which the standard will 
further the statutory purpose of reducing traffic accidents and 
associated deaths.\14\ The responsibility for promulgation of Federal 
motor vehicle safety standards has been delegated to NHTSA.\15\
---------------------------------------------------------------------------

    \11\ 49 U.S.C. 30111(a).
    \12\ 49 U.S.C. 30102(a)(9).
    \13\ 49 U.S.C. 30111(b).
    \14\ Id.
    \15\ 49 U.S.C. 105 and 322; delegation of authority at 49 CFR 
1.50.
---------------------------------------------------------------------------

    FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, 
was originally established in a final rule published in the Federal 
Register on February 3, 1967 (32 FR 2408). The purpose of the standard 
is to reduce traffic accidents and deaths and injuries resulting from 
traffic accidents, by providing adequate illumination of the roadway, 
and by enhancing the conspicuity of motor vehicles on the public roads 
so that their presence is perceived and their signals understood, both 
in daylight and in darkness or other conditions of reduced visibility. 
Since the time of the standard's initial promulgation, the agency has 
undertaken numerous rulemakings and interpretations related to Standard 
No. 108, in many cases to deal with the emergence of new lighting 
technologies. In recent years, concerns have been raised that after 
nearly four decades of amendment, navigating the requirements of the 
standard has become increasingly difficult. Therefore, the agency is 
proposing an administrative re-write of Standard No. 108 in order to 
improve its structure and clarity, without changing any of its existing 
substantive requirements. In preparing this proposed rule, the agency 
carefully considered the statutory requirements of 49 U.S.C. Chapter 
301.
    First, this proposal reflects the agency's careful consideration 
and analysis of all existing regulatory provision of FMVSS No. 108, as 
well as salient letters of interpretation related to that standard. In 
developing the substantive provisions of the standard over the years, 
the agency considered all relevant, available motor vehicle safety 
information, including available research, testing results, and other 
information related to various technologies. This proposed 
administrative re-write does not change any of these existing 
provisions or the basis therefore.
    Second, to ensure that the requirements of FMVSS No. 108 are 
practicable (as well as consistent with our safety objectives), the 
agency evaluated the cost, availability, and suitability of the 
standard's provisions, both when initially adopted and during 
subsequent amendments. As noted above, the changes resulting from this 
proposal are administrative in nature and would not impact the costs 
and benefits of the standard. In sum, we believe that this proposal is 
practicable and would maintain the benefits of Standard No. 108.
    Third, the proposed regulatory text following this preamble is 
stated in objective terms in order to specify precisely what 
performance is required and how performance will be tested to ensure 
compliance with the standard. In certain cases, the proposal would 
modify the language of the standard to improve clarity or to 
incorporate existing interpretations, again without changing the 
substance of the existing requirements.
    Fourth, we believe that this proposed rule would meet the need for 
motor vehicle safety by clarifying the safety standard, thereby making 
it easier for regulated parties to comply with all applicable 
requirements.
    Finally, we believe that this proposal is reasonable and 
appropriate for motor vehicles subject to the applicable requirements. 
As discussed elsewhere in this notice, the modifications to the 
standard resulting from this proposal would be administrative in 
nature. It does not affect the substance of the requirements or the 
bases for those requirements, as articulated in earlier rulemakings. 
Accordingly, we believe that this proposal would be appropriate for 
covered vehicles that are or would become subject to these provisions 
of FMVSS No. 108 because it furthers the agency's objective of 
preventing crash-related deaths and serious injuries by ensuring 
adequate illumination of roadways and enhanced conspicuity of motor 
vehicles.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to OMB 
review and to the requirements of the Executive Order. The Order 
defines a ``significant

[[Page 77461]]

regulatory action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rulemaking document was not reviewed by the Office of 
Management and Budget under Executive Order 12866. The rule is not 
considered to be significant within the meaning of E.O. 12866 or the 
Department of Transportation's Regulatory Policies and Procedures (44 
FR 11034 (Feb. 26, 1979)). As stated above in Section IV, Benefits and 
Costs, this proposal is not expected to require parties subject to the 
requirements of the safety standard to alter their existing practices 
for certifying compliance with Standard No. 108 or to increase costs of 
compliance, because the proposal would only reorganize and clarify 
existing requirements. Accordingly, the agency has not prepared any 
supplemental economic analysis to accompany this rulemaking document.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR Part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this proposed rule under the 
Regulatory Flexibility Act. I certify that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. The rationale for this certification is that the present 
proposal does not make any substantive changes to this safety standard, 
so affected parties would be able to continue current practices without 
change. Accordingly, we do not anticipate that this proposal would have 
a significant economic impact on a substantial number of small 
entities.

D. Executive Order 13132 (Federalism)

    Executive Order 13132, ``Federalism'' (64 FR 43255, August 10, 
1999), requires NHTSA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, the agency may not issue a regulation with 
Federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, the agency consults with 
State and local governments, or the agency consults with State and 
local officials early in the process of developing the proposed 
regulation. NHTSA also may not issue a regulation with Federalism 
implications and that preempts a State law unless the agency consults 
with State and local officials early in the process of developing the 
regulation.
    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132, and the 
agency determined that the rule would not have sufficient Federalism 
implications to warrant consultations with State and local officials or 
the preparation of a Federalism summary impact statement. This proposed 
rule is not expected to have any substantial effects on the States, or 
on the current distribution of power and responsibilities among the 
various local officials.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729, February 7, 1996), the agency has considered whether this 
rulemaking would have any retroactive effect. This proposed rule 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, except to 
the extent that the State requirement imposes a higher level of 
performance and applies only to vehicles procured for the State's use. 
49 U.S.C. 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 a suit in court.

F. Executive Order 13045 (Protection of Children from Environmental 
Health and Safety Risks)

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental, 
health, or safety risk that the agency has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the agency.
    This proposed rule is not subject to E.O. 13045 because it is not 
an economically significant regulatory action under Executive Order 
12866, and because it does not involve decisions based upon health and 
safety risks that disproportionately affect children.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not 
required to respond to a collection of information by a Federal agency 
unless the collection displays a valid OMB control number. This 
proposed rule does not contain any collection of information

[[Page 77462]]

requirements requiring review under the PRA.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272) directs the 
agency to evaluate and use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or is otherwise impractical. Voluntary consensus 
standards are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies, such as 
the Society of Automotive Engineers. The NTTAA directs us to provide 
Congress (through OMB) with explanations when we decide not to use 
available and applicable voluntary consensus standards. The NTTAA does 
not apply to symbols.
    This proposal would not adopt or reference any new industry or 
consensus standards that were not already present in Standard No. 108. 
The agency's statements regarding the rationale for the use (or non-
use) of third-party standards, as presented in prior rulemakings, 
remain unchanged.

I. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of more 
than $100 million annually (adjusted for inflation with base year of 
1995 (so currently about $112 million in 2001 dollars)). Before 
promulgating a NHTSA rule for which a written statement is needed, 
section 205 of the UMRA generally requires the agency to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows the agency to adopt an alternative other than the 
least costly, most cost-effective, or least burdensome alternative if 
the agency publishes with the final rule an explanation of why that 
alternative was not adopted.
    This proposed rule is not anticipated to result in the expenditure 
by State, local, or tribal governments, in the aggregate, or by the 
private sector in excess of $112 million annually. Instead, the cost 
impact of this administrative re-write of Standard No. 108 is expected 
to be $0. Therefore, the agency has not prepared an economic assessment 
pursuant to the Unfunded Mandates Reform Act.

J. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this action would not have any significant impact on 
the quality of the human environment.

K. Regulatory Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

L. Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit https://dms.dot.gov.

L