Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment, 68234-68439 [07-5644]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68234-68439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5644]



[[Page 68233]]

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Part II





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Parts 564 and 571



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

Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / 
Rules and Regulations

[[Page 68234]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 564 and 571

Docket No. NHTSA-2007-28322
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: Final Rule.

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SUMMARY: This document amends the Federal Motor Vehicle Safety Standard 
(FMVSS) No. 108 on lamps, reflective devices, and associated equipment 
by reorganizing the regulatory text so that it provides a more 
straightforward and logical presentation of the applicable regulatory 
requirements, which includes the agency's interpretation of the 
existing requirements. It also greatly reduces the need to consult 
relevant third-party standards by including applicable requirements 
directly into the main body of Standard No. 108, rather than 
incorporating such provisions by reference. This final rule does not 
impose any new substantive requirements on manufacturers.
    In addition, this document amends 49 CFR Part 564, Replaceable 
Light Source Information, by adding a newly created Appendix C, which 
relocates figures addressing sealed beam headlamps that currently 
reside in FMVSS No. 108 and a relevant Society of Automotive Engineers 
(SAE) standard there. We believe few lighting manufacturers still 
produce sealed beam headlamps, and their diminishing use is unlikely to 
draw new manufacturers of this type of lamp. Accordingly, we see no 
drawbacks to consolidating the information regarding sealed beam light 
sources with other light source information currently located in 49 CFR 
Part 564.

DATES: Effective date: The final rule is effective September 1, 2008 
with voluntary early compliance permitted immediately. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of September 1, 
2008. Petitions for reconsideration: Petitions for reconsideration of 
this final rule must be received not later than January 18, 2008.

ADDRESSES: Any petitions for reconsideration should refer to the docket 
number of this document and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., 
West Building, Ground Floor, Docket Room W12-140, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For technical issues: David Hines, 
Office of Crash Avoidance Standards (NVS-121), NHTSA, 1200 New Jersey 
Avenue, SE., West Building, Washington, DC 20590 (Telephone: (202) 493-
0245) (Fax: (202) 366-7002).
    For legal issues: Ari Scott, Office of the Chief Counsel (NCC-112), 
NHTSA, 1200 New Jersey Avenue, SE., West Building, 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 Rewrite of the Standard
III. December 2005 Notice of Proposed Rulemaking (NPRM) and Public 
Comments
    A. The NPRM
    B. Discussion of Public Comments Received in Response to the 
NPRM and Their Impact on the Final Rule
    (a) 49 CFR Part 564
    (b) 49 CFR Part 571.108
    1. Administrative Considerations
    2. Omissions, Typographical Errors, and Inconsistent Language
    3. Organization of the Standard
    4. Suggestions Beyond the Scope of the Rewrite
    5. Suggestions Within the Scope of the Rewrite
IV. The Final Rule
    A. 49 CFR Part 564
    B. 49 CFR Part 571.108
V. Benefits and Costs
VI. Rulemaking Analyses and Notices
Appendix A: FMVSS No. 108 Rewrite Cross Reference
Appendix B: FMVSS No. 108 Rewrite Cross Reference
Appendix C: List of figures

I. Executive Summary

    After carefully considering the public comments on its December 
2005 proposal, the agency has decided to adopt a final rule amending 
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 SAE 
standards currently incorporated by reference into the regulatory text. 
In doing so, the agency has decided to make some changes from the NPRM, 
including modifying the organizational structure of the standard, 
relocating test procedures and performance requirements from attached 
tables to the regulatory text, and incorporating the substance of 
several additional interpretations into the standard. In addition, 
three SAE documents that the agency had proposed to continue to be 
incorporated by reference in the NPRM have now been integrated into the 
regulatory text, and the location of marking requirements within the 
standard has been further consolidated.
    Consistent with the NPRM, the final rule also establishes an 
Appendix C in 49 CFR Part 564, Replaceable Light Source Information, as 
a repository for dimensional and electrical information associated with 
standardized sealed beam headlamps that currently resides in figures in 
FMVSS No. 108.
    These modifications have furthered the objective of this rewrite by 
increasing clarity as follows: (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 (previously incorporated by reference) directly 
into the regulatory text of the standard; and (3) updating Standard No. 
108 to reflect significant letters of interpretation. The rewrite of 
FMVSS No. 108 is considered 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

    On December 30, 2005, NHTSA published a notice of proposed 
rulemaking \1\ (NPRM) to amend FMVSS No. 108, Lamps, Reflective 
Devices, and Associated Equipment, by reorganizing the regulatory text 
so that it provides a more straight-forward and logical presentation of 
the applicable regulatory requirements. The initial version of FMVSS 
No. 108 was adopted almost 40 years ago to increase motor vehicle 
safety by establishing minimum 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

[[Page 68235]]

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 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.
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    \1\ 70 Fr 77454, (Dec. 30, 2005) (Docket No. NHTSA-2006-23634-
3).
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    However, such amendments were made on an ad hoc basis, which, over 
time, resulted in a patchwork organization for FMVSS No. 108. 
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, a large 
number of interpretation letters have been issued pertaining to 
Standard No. 108. Thus, in its current state, FMVSS No. 108 has 
requirements that are located directly in its regulatory text, located 
in referenced and sub-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 Rewrite 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 decided 
to undertake an administrative rewrite 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. 
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, numerous interested 
parties have stated that the large number of interpretations that have 
been issued by the agency regarding Standard No. 108 make it difficult 
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 versions of SAE standards incorporated by 
reference into FMVSS No. 108 are no longer readily available from SAE 
International.
    Throughout the past few decades, SAE has published revised, 
successor versions, with differing requirements, for many of their 
standards incorporated by reference into FMVSS No. 108. This appears to 
sometimes cause confusion on the part of regulated parties who, 
mistakenly, may believe that the most recent version of a SAE standard 
represents the regulatory requirement. The agency believes that 
interested parties should have easy access to the requirements of the 
standard, and, therefore, we believe there is value in publishing, 
without substantive change, applicable requirements that are currently 
contained in third-party documents directly within FMVSS No. 108 
itself. The same logic applies to our decision to include the results 
of relevant legal interpretations in the standard. Furthermore, several 
provisions currently in Standard No. 108 refer to regulatory inception 
dates that are several years in the past, so the agency is eliminating 
text citing such past dates.
    For these reasons, we believe that the benefits of an 
administrative rewrite 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. December 2005 Notice of Proposed Rulemaking (NPRM) and Public 
Comments

A. The NPRM

    As noted above, NHTSA published a NPRM on December 30, 2005 that 
proposed to reorganize FMVSS No. 108 to improve the clarity of the 
standard's requirements, thereby increasing its utility for interested 
parties. This administrative rewrite attempted to make the standard 
more understandable by adopting a simplified numbering scheme, to 
improve organization by grouping related materials in a more logical 
and consistent sequence, and to reduce reliance on references to third-
party documents. As proposed, the reorganized standard progressed from 
vehicle-level requirements to device-level requirements, beginning with 
the most common requirements and then proceeding to exceptions.
    The NPRM also proposed to move figures addressing sealed beam 
headlamps that are currently included in FMVSS No. 108 and SAE J1383 
APR85, Performance Requirements for Motor Vehicle Headlamps, into 49 
CFR Part 564, Replaceable Light Source Information, as a newly created 
Appendix C. This modification would be consistent with the current 
practice of placing replaceable light source information in Part 564. 
The title of Part 564 would also be changed to ``Replaceable Light 
Source and Sealed Beam Headlamp Information'' to reflect the addition 
of the sealed beam headlamp content.
    Whereas Standard No. 108 currently references approximately 35 
different SAE documents in nearly 100 separate instances, the NPRM 
proposed reducing that number to eight documents, which were ones 
believed not to be routinely used by regulated parties. Accordingly, 
the NPRM proposed to incorporate the content of these frequently used 
SAE documents directly into the regulatory text and/or attached tables 
of Standard No. 108.
    The proposed tables included Table I, which listed the required 
lamps and reflective devices for the various vehicles regulated by 
FMVSS No. 108. The number of required lamps and reflective devices, 
their color, their mounting locations and height above the road 
surface, and their manner of activation were included in Table I, which 
resembles an expanded version of Tables I through IV of the current 
FMVSS No. 108. Table II detailed the requirements for the four 
different kinds of headlighting systems permitted by the standard. 
Table III contained the conspicuity system requirements for large 
trucks and trailers, while Tables IV and V provided, respectively, 
effective projected luminous lens area requirements and visibility 
requirements. Tables VI through XII and XIV through XX listed 
photometric requirements for individual lamp types. Table XIII detailed 
the target locations for license plate lamp photometry. Table XXI 
contained test procedures and performance requirements for all 
associated devices. Finally Tables XXII and XXIII contained non-
photometry test procedures and performance requirements for all lamps, 
reflective devices, replaceable light sources, and vehicle headlamp 
aiming devices (VHAD). In addition, several new figures were included 
to clarify some of the application requirements for conspicuity 
systems.
    From a regulatory perspective, it was the agency's intention, as 
expressed in the NPRM, that the administrative rewrite of Standard No. 
108 would neither result in any current obligation being diminished, 
nor any new obligation being imposed. In other words, the substantive 
requirements are identical to those of the current version

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of FMVSS No. 108, including incorporated documents. 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 the NPRM were made final.

B. Public Comments Received in Response to the NPRM

    The agency received comments from twenty seven entities in response 
to the December 2005 NPRM, which were submitted by 11 lamp or lamp 
component manufacturers, 11 manufacturer or user associations, three 
vehicle manufacturers, and two test organizations. Commenters included: 
Truck Manufacturers Association (TMA), Motorcycle Industry Council 
(MIC), Koito Manufacturing Co., Ltd., (Koito), Truck Trailer 
Manufacturers Association (TTMA), General Electric Automotive Plastics 
(GE-Plastics), General Motors North America (GM), Specialty Equipment 
Market Association (SEMA), Grote Industries, L.L.C., (Grote), 
Innovative Lighting, Inc., Calcoast Industrial Testing Laboratory 
(Calcoast), General Electric Automotive Lighting (GE), Valeo Sylvania, 
L.L.C. (VS), Guide Corporation (Guide), Alliance of Automobile 
Manufacturers (AAM), 3M Traffic Safety Systems (3M), Valeo Lighting 
Systems (Valeo), Association of International Automobile Manufacturers 
(AIAM), Owner-Operator Independent Drivers Association, Inc. (OOIDA), 
Atlas Material Testing Solutions (Atlas), American Trucking 
Associations, Inc. (ATA), Honda Motor Co., LTD. (Honda), Nissan North 
America, Inc., (Nissan), and Bayer Material Science, L.L.C., (Bayer). A 
joint response was submitted by Motor and Equipment Manufacturers 
Association (MEMA), Transportation Safety Equipment Institute (TSEI), 
and Motor Vehicle Lighting Council (MVLC), collectively the 
Associations (ASSN). Several months after the comment closing date the 
Associations submitted a supplementary response which was shortly 
followed by another supplementary response in conjunction with the 
Alliance (AAM/ASSN). All comments are available in Docket No. NHTSA-
2006-23634 and were considered in the promulgation of this final rule.
    The comments about the NPRM that we received can be divided into 
five general categories: (1) Administrative Considerations; (2) 
Omissions, Typographical Errors, and Inconsistent Language; (3) 
Organizational Structure; (4) Suggestions Beyond the Scope of the 
Rewrite; and (5) Suggestions Within the Scope of the Rewrite. A summary 
and analysis of each issue identified is provided below.

(a) 49 CFR Part 564

    We received only one substantive comment concerning the relocation 
of the sealed beam headlamp figures into a new Appendix C of Part 564 
of this chapter. GE requested a separate NPRM for this purpose and that 
the drawings that would be filed in Appendix C be made available for 
review.
    We stated in Summary of the Proposal in the NPRM that the final 
rule adopting the rewrite of Standard No. 108 would occur concurrently 
with the relocation of the sealed beam figures to Appendix C of Part 
564. We also provided, at the end of that notice, a complete listing of 
all the figures and where they currently reside in FMVSS No. 108 or SAE 
J1383 APR85, which is incorporated by reference in the current version 
of FMVSS No. 108, but we did not provide specific regulatory text for 
Appendix C in the NPRM. Ample opportunity was provided for public 
comment on this issue, so we are making the establishment of Appendix C 
of Part 564 of this chapter and the transfer of the identified figures 
to it part of the final rule. We believe that it would be beneficial 
for the sealed beam drawings to be relocated as part of this 
reorganization so that applicable requirements are transferred in an 
accurate manner, thereby satisfying our commitment not to change the 
existing requirements of the standard.

(b) 49 CFR 571.108
1. Administrative Considerations
    Some of the comments submitted in response to the NPRM were not 
focused upon the substance of the rewrite but rather addressed 
administrative concerns. Several commenters requested statements of 
reassurance that ``* * * no substantive changes from existing 
requirements are intended,'' and ``* * * state that the existing body 
of interpretations is still valid.'' On these points, we clarify as 
follows. First we reiterate that the administrative rewrite, as 
expressed in this final rule, does not make any substantive changes to 
the requirements of Standard No. 108. Furthermore, as stated in the 
NPRM, not all letters of interpretation were appropriate for inclusion 
into the regulatory language of FMVSS No. 108. Generally, we excluded 
those that we concluded did not add value to the regulatory text (i.e., 
one without broad applicability). However, all existing letters of 
interpretation, whether or not they are specifically integrated into 
the FMVSS No. 108 final rule, continue to reflect the legal opinion of 
the agency unless they contradict the explicit regulatory text of the 
standard or were overturned by subsequent interpretations.
    AAM suggested that the final rule should not be mandatory until 
September 1st, one year after publication of the final rule. We have 
established September 1, 2008 as the mandatory compliance date, with 
voluntary early compliance permitted immediately.
    ATA, OOIDA, and TMA all expressed concern about conflicts between 
FMVSS No. 108 and the regulations of the Federal Motor Carrier Safety 
Administration (FMCSA). They requested that the rewrite of Standard No. 
108 reconcile the differences that they perceive between it and the 
regulations of the FMCSA.
    The FMCSA has established regulations for lamps, reflective 
devices, and associated equipment for commercial vehicles in use and a 
few specialized types of commercial vehicles at time of manufacture. 
The FMCSA made significant revisions to its lighting regulations in 
2005 \2\ and some substantive differences do exist between the lighting 
regulations of FMCSA and FMVSS No. 108. These differences may have the 
potential to cause manufacturers of lamps and reflective devices that 
fall under the jurisdiction of both NHTSA and FMCSA to pursue different 
design, manufacturing, and compliance processes to satisfy the 
regulations of both agencies. However, any attempt at reconciliation 
here would be outside the scope of the rewrite process. Recently, FMCSA 
issued a final rule \3\ in response to a petition for reconsideration 
to its August 15, 2005 final rule, which resolved the differences 
between its regulations and FMVSS No. 108, as interpreted in NHTSA's 
July 28, 2005 interpretation to Mr. Clarke,\4\ concerning auxiliary 
lamps mounted near identification lamps. Regulated parties may want to 
consider other approaches to address the remaining differences between 
FMVSS No. 108 and 49 CFR Part 393. One such approach could be to submit 
rulemaking petitions to NHTSA and FMSCA requesting reconciliation of 
the differences between FMVSS No. 108 and 49 CFR Part 393.
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    \2\ See 49 CFR Part 393, as last revised by 70 FR 48008 August 
15, 2005 (Docket No. FMCSA-1997-2364-44).
    \3\ 72 CFR 32011 (June 11, 2007) (Docket No. FMCSA 1997-2364).
    \4\ https://isearch.nhtsa.gov/files/GF002551.3.html.

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2. Omissions, Typographical Errors, and Inconsistent Language
    Given the complexity of the proposed administrative rewrite of 
FMVSS No. 108, including the integration of the content of numerous SAE 
standards incorporated by reference into the regulatory text, some 
omissions and typographical errors occurred. Numerous comments were 
received identifying such occurrences. Accordingly, we have amended the 
regulatory text of the final rule to correct these errors.
    Some respondents have noted instances where they believe that the 
language of the regulatory text used in the NPRM was not faithful to 
the language and intent of the current FMVSS No. 108. In many instances 
where a claim of unfaithful language was made in the comments, the 
agency adopted a conservative approach, choosing to revise the language 
of the NPRM back to that of the original document in the final rule. 
Where such a revision was not made, we have stated our reasons for that 
decision.
    Two rather significant instances where contradictory regulatory 
language was found to exist in the current version of FMVSS No. 108 and 
its incorporated documents are discussed here. One has to do with the 
appropriate photometric requirement for a specific type of replaceable 
bulb headlamp and is discussed in detail in the section devoted to 
Table II. The other concerns the ratio between the stop lamp function 
and the taillamp function in a lamp where those functions are optically 
combined. The discussion related to Table IX contains an explanation of 
this issue. Both instances bolster our opinion that regulatory 
requirements should be stated once and only once in a document. Neither 
instance has ever generated an interpretation request nor did many 
respondents raise either issue in their comments to the docket. This 
reinforces our belief that, notwithstanding the existence of ambiguous 
regulatory language, the intent of the specific requirements was clear.
    Because correction of either situation would require a substantive 
change to FMVSS No. 108, we have decided to refrain from addressing 
these examples now. However, we may issue a notice of correction in the 
near future to address what we believe are mistakes and inconsistencies 
that have existed for some time in Standard No. 108.
3. Organization of the Standard
    The organizational structure of the reorganized standard, as 
presented in the NPRM, progressed from vehicle-level requirements to 
device-level requirements, beginning with the most common requirements 
and then proceeding to exceptions. Requirements in the rewrite of FMVSS 
No. 108 are consolidated into dedicated paragraphs. Paragraphs S1 
through S4 were organized in the same manner as the present standard. 
S4, Definitions, was expanded to incorporate relevant definitions from 
the applicable SAE standards previously incorporated as part of 
Standard No. 108. Paragraph S5 addressed the remaining references to 
SAE standards. Vehicle-level requirements were located in paragraph S6, 
including requirements by vehicle type. Following that, requirements 
were organized with dedicated sections for each type of lamp and 
reflective device, beginning with signal lamps, reflective devices and 
associated equipment under paragraph S7, and headlamp and headlighting 
requirements under paragraphs S8 through S13, and S16 through S18. 
Paragraph S14 addressed aimability performance requirements, while 
paragraph S15 contained requirements for replaceable light sources 
(including references to Part 564). In order to make requirements 
easier to find, a Table of Contents was added as an appendix to the 
standard.
    The most detailed comments about the organizational structure of 
the standard were those in the supplementary response from the ASSN/
AAM, which recommended a significantly different organizational 
structure that would divide the content of FMVSS No. 108 into four 
sections. Under the ASSN/AAM structure, the first section would contain 
general and specific lamp requirements, and the second section would 
consist of Tables I, II, III, VI, VII, VIII, IX, X, XI, XII, XIV, XV, 
XVI (split into three separate tables), XVII, XVIII, XIX, and XX. 
However, there would be some format changes to lamp photometry tables 
and the addition of graphical illustrations of photometric test points. 
These commenters similarly suggested three new tables that would 
graphically illustrate the required photometric test points, lines, and 
areas associated with upper beam headlamps, lower beam mechanically 
aimed headlamps, and lower beam visually/optically aimed headlamps. The 
third section would contain all the figures of the NPRM as well as 
Table XIII, License Plate Lamp Target Locations, redesigned as Figure 
19. The fourth section would be subdivided into five annexes which 
would contain photometric test procedures and the physical test 
procedures of Tables XXI, XXII, and XXIII.
    ASSN/AAM also suggested dividing Table I into five separate tables: 
one for vehicles less than 80 in (2032 mm) in overall width, another 
for vehicles 80 in (2032 mm) or more in overall width, one for 
trailers, one for motorcycles, and one for school buses. The activation 
requirements would be removed from these tables and located in a new 
paragraph titled ``Electrical.'' Tables IV and V covering projected 
luminous lens area and visibility would be eliminated and their 
requirements dispersed to the applicable individual lamp sections. 
These individual lamp sections would have a common format divided into 
14 subsections representing specific requirements. An additional table 
would be created that would contain all marking requirements.
    In consideration of the comments submitted by ASSN/AAM, we have 
decided to make significant changes to the structure of the standard 
presented in the NPRM. These structural changes include: (1) Relocating 
test procedures and performance requirements that were primarily 
contained in paragraph S6.8 and Tables XXI, XXII, and XXIII of the 
proposal, to paragraph S14 of the final rule; (2) expanding and 
standardizing the presentation of requirements in individual lamp and 
reflective device sections of the final rule beyond that of the 
proposal; (3) including the provisions from additional SAE documents, 
incorporated by reference in the proposal, in the regulatory text of 
the final rule; and (4) further consolidating the location of marking 
requirements in the final rule beyond that of the proposal.
    We believe there is value in adopting a structure in the final rule 
that is easy for regulated parties to navigate. There were some aspects 
of the ASSN/AAM recommended structure that we did not adopt due to our 
effort to avoid redundancies, streamline the standard, and avoid adding 
new material not currently contained in Standard No. 108, including 
graphs, which could cause confusion. We believe that our approach in 
modifying the structure of the NPRM will collectively provide the most 
value to all end-users.
    We have decided to adopt the ASSN/AAM recommendation regarding 
reorganization of the layout of several photometry requirement tables 
for reasons that follow. Standard No. 108 provides two alternative 
methods for demonstrating the photometric compliance of turn signal 
lamps, taillamps, stop lamps, backup lamps, parking lamps, and high-
mounted stop lamps. For these lamps compliance can

[[Page 68238]]

be demonstrated by achieving a minimum photometric intensity at each of 
18 to 22 discrete test points distributed within a pattern about 
20[deg] high and 40[deg] wide centered about the H-V axis.\5\ 
Alternatively, FMVSS No. 108 also permits these specific lamps to 
demonstrate compliance by meeting a minimum photometric intensity for 
groups of these test points. Individual test points in proximity to 
each other are organized into groups consisting of from two to six 
points. The minimum photometric intensity requirement of each group is 
approximately (but not always exactly) the arithmetic sum of the 
minimum photometric intensities of all included points. This allows a 
lamp where one or more test point(s) in a group do not meet their 
individual minimum values to be compliant provided the remaining test 
points in the group exceed their minimum values by enough to allow the 
group total to exceed the group requirement.\6\ Turn signal lamps, 
taillamps, stop lamps, and parking lamps have five groups of test 
points; while backup lamps have six groups, and high-mounted stop lamps 
have four groups.
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    \5\ The pattern is wider for backup lamps and tighter for high 
mounted stop lamps.
    \6\ No individual test point photometric intensity can fall 
below 60% of the point requirement when the group photometric method 
is used. In addition, photometric values between adjacent test 
points are regulated.
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    Tables VI, VII, VIII, IX, XII, XV, which detail photometry 
requirements for those lamps permitted to use both the individual test 
point and the grouped test point compliance methods, are formatted such 
that test points are organized in group order. Progressing from left to 
right horizontally, each test point group is identified by number, and 
then the individual test points included within that group are 
identified by their vertical and horizontal positions. Next, the 
minimum photometric intensity for each individual test point is shown, 
and finally, at the right end, the group minimum photometric intensity 
is shown.
    In contrast, the photometry requirements tables suggested by the 
ASSN/AAM, and endorsed by Calcoast, organize the lamp test points in a 
vertical, then horizontal, manner that requires the user to search for 
each point to include in a group and then consult a sub-table to find 
out the minimum photometric requirement for that group. We find this 
suggested approach unnecessarily complex and prone to increasing, not 
decreasing, the possibility of error in determining photometric 
requirements. Therefore, we have decided to retain the format of the 
photometric tables as presented in the NPRM with one simplification, 
which was to locate the horizontal and vertical test point positions in 
the same relative positions in each table.
    Calcoast suggested, and we agree, that the horizontal test point 
positions and the vertical test point positions should always appear in 
the same columns. In our earlier proposal, this was not the case, and 
we have made modifications consistent with Calcoast's suggestion. The 
final rule designates the horizontal test point positions in a column 
to the left of a column that designates the corresponding vertical test 
point positions.
    Nissan suggested that those lamps that are permitted to demonstrate 
photometric compliance by either the individual test point method or 
the grouped test point method have the required photometric intensity 
values for each individual test point reduced to 60 percent of the 
current requirement and only allow use of the grouped test point 
method. We did not adopt this suggestion because it would have reduced 
the number of compliance methods available to manufacturers, a 
substantive change beyond the scope of this administrative rewrite.
    The original response from the ASSN, as well as the comments from 
Guide, suggested abandoning Tables XVIII and XIX and incorporating 
headlamp photometry requirements in a series of tables similar to the 
current FMVSS No. 108. We were not persuaded that more headlamp 
photometric tables would add value to the standard. Upper beam headlamp 
requirements are not related to whether a headlamp is mechanically or 
visually/optically aimed and six beam patterns adequately cover all 
headlamps. Many photometric test points are common to all lower beam 
headlamps. Tables XVIII and XIX present all required beam patterns 
(except for certain motorcycle headlamps) in a clear and concise 
format. Table II directs the user to the appropriate beam pattern in 
Tables XVIII and XIX. We retained this format for headlamp photometry 
requirements in the final rule.
    Several commenters mentioned inconsistent use of a ``no 
requirement'' indicator where a test point appears in a photometry 
requirements table but there is no value required at that point. Our 
proposal used both a blank space and a N.R. notation. In the final 
rule, we have adopted a consistent indicator that there is no 
requirement for a test point. A dashed line (-) is used exclusively for 
this purpose in photometry requirements tables.
    Commenters generally favored the use of tables in the NPRM for 
presenting performance requirements. However, Nissan, Grote, and TTMA 
all commented that Table I was too lengthy and should be separated into 
several sections based on common content. The Alliance suggested 
splitting Table XXIII into three separate tables because it contains 
tests for three distinctive items: (1) Headlamps, (2) vehicle headlamp 
aiming devices (VHAD), and (3) replaceable light sources. The 
differentiation of content in Table II of the NPRM was mentioned as 
being a particularly appropriate method of providing distinction.
    Several commenters, including ASSN/AAM and Grote, noted that tables 
containing significant amounts of text, such as the test requirements 
in Tables XXI, XXII, and XXIII, would be difficult to use because of 
lengthy passages that contain several sentences and express several 
unique test conditions or requirements. We agree with these comments. 
The tabular format is best suited to displaying quantitative values or 
short textual requirements. In the final rule, we moved virtually all 
test procedures and performance requirements to S14, the last section 
of the standard. Specifically, the content of Table XXI of the NPRM has 
been moved to S14.9, Associated Equipment Physical Test Procedures and 
Performance Requirements, the content of Table XXII of the NPRM has 
been moved to S14.3, Motorcycle Headlamp Out of Focus Test Procedures 
and Performance Requirements, S14.4, General Test Procedures and 
Performance Requirements (consisting of the color test and plastic 
optical materials test), and S14.5, Signal Lamp and Reflective Device 
Test Procedures and Performance Requirements. In addition, the content 
of Table XXIII of the NPRM has been moved to S14.6, Headlamp Physical 
Test Procedures and Performance Requirements, S14.7, Replaceable Light 
Source Physical Test Procedures and Performance Requirements, and 
S14.8, Vehicle Headlamp Aiming Devices (VHAD) Physical Test Procedures 
and Performance Requirements.
    General test procedures and performance requirements that were 
located in S6.8 of the NPRM have been placed in S14.1 of the final 
rule. Similarly, the photometric test procedures of S6.8 of the NPRM 
are now in S14.2 of the final rule.
    In the final rule, we decided to split several of the tables into 
shorter, more distinctive, sections and we completely revised the 
content of Table III and Table XIII. Table I, Required Lamps and

[[Page 68239]]

Reflective Devices, is divided into three parts: (1) Table I-a for 
passenger cars, multipurpose passenger vehicles, trucks, and buses of 
all widths; (2) Table I-b for trailers, and (3) Table I-c for 
motorcycles. We decided upon sectioning Table I in this manner for 
several reasons. One is user diversity. Organizations that manufacture 
vehicles such as passenger cars, multipurpose passenger vehicles, 
trucks, and buses typically do not also manufacture trailers or 
motorcycles. Likewise, organizations that manufacture trailers 
typically do not manufacture self propelled vehicles, and those that 
manufacture motorcycles do not produce cars, trucks, or trailers. Some 
commenters suggested separate sections for narrow vehicles (less than 
2032 mm in width) and wide vehicles (those 2032 mm or wider). However, 
several manufacturers produce both narrow and wide vehicles, sometimes 
as different optional versions of the same vehicle, such as pickup 
trucks.
    Another consideration was commonality. Both narrow and wide 
vehicles are required to be equipped with a headlighting system, turn 
signal lamps, taillamps, stop lamps, side marker lamps, side and rear 
reflex reflectors, backup lamps and license plate lamps. Narrow 
vehicles are required to have parking lamps and high-mounted stop lamps 
while wide vehicles are not. Similarly, wide vehicles must have 
clearance and identification lamps which are not required on narrow 
vehicles. This same distinction occurs between narrow and wide 
trailers, for which common content significantly surpasses 
differentiated content. Therefore, we have concluded that it is 
unnecessary to section Table I by vehicle width.
    We are retaining the title of the three sections of Table I as 
Required Lamps and Reflective Devices, even though one of the lamps 
listed in Table I-a, Daytime Running Lamp (DRL), is not a required 
lamp. The heading above the DRL listing clearly describes it as being 
permitted but not required. However, because the DRL, when installed, 
is regulated in all attributes listed in Table I, Number and Color, 
Mounting Location, Mounting Height, and Device Activation (unlike other 
non-required lamps), the agency decided that Table I is the appropriate 
location for it.
    The three sections of Table IV, Effective Projected Luminous Lens 
Area Requirements, are now identified as: (1) Table IV-a covering turn 
signal and stop lamps; (2) Table IV-b for high-mounted stop lamps; and 
(3) Table IV-c for school bus signal lamps. The four sections of Table 
V, Visibility Requirements of Installed Lighting Devices, now include: 
(1) Table V-a for backup lamps, high-mounted stop lamps, and school bus 
signal lamps; (2) Table V-b which contains the lens area option for 
turn signal lamps, stop lamps, taillamps, and parking lamps; (3) Table 
V-c which has the luminous intensity option for turn signal lamps, stop 
lamps, taillamps, and parking lamps; and (4) Table V-d that has older 
alternative requirements for turn signal lamps, stop lamps, and 
taillamps.
    Table VI, Front Turn Signal Lamp Photometry Requirements, was split 
into two sections in the final rule. Table VI-a contains the base front 
turn signal lamp photometry requirements and also the values for 2\1/2\ 
times the base photometry requirements while Table IV-b contains values 
for 2 times the base photometry requirements and 1 the base photometry 
requirements
    New Table XIII consisting of: (1) Table XIII-a, Motorcycle Turn 
Signal Lamp Alternative Photometry Requirements, and (2) Table XIII-b, 
Motor Driven Cycle Alternative Photometry Requirements, includes the 
stop lamp requirements for certain motor driven cycles previously part 
of Table IX in the NPRM, as well as alternative turn signal 
requirements for motorcycles noted in paragraph S7.1.1.1 and S7.1.2.1 
of the NPRM but not previously tabularized. The three sections of Table 
XVI are now: (1) Table XVI-a, Reflex Reflector Photometry Requirements, 
(2) Table XVI-b, Additional Photometry Requirements for Conspicuity 
Reflex Reflectors, and (3) Table XVI-c, Retroreflective Sheeting 
Photometry Requirements.
    Table XIX has been split into Tables XIX-a, containing photometric 
requirements for lower beam patterns LB1M, LB1V, LB2M, and LB2V. Table 
XIX-b contains requirements for lower beam patterns LB3M, LB3V, LB4M, 
and LB5M while Table XIX-c contains requirements for lower beam pattern 
LB4V.
    As mentioned previously, the ASSN/AAM response proposed a common, 
templated organizational format for the individual lamp sections and 
expansion of their content to include 14 subsections representing 
specific requirements. The requirements that they suggested be included 
in each section include: (1) Number, (2) color of light, (3) 
arrangement, (4) position, (5) geometric visibility, (6) orientation, 
(7) effective projected luminous lens area, (8) electrical, (9) tell 
tale, (10) marking requirements, (11) other provisions, (12) plastic 
materials, (13) photometry, and (14) physical tests. Implementing this 
request presents a dilemma for several reasons. First, most of the 
requirements suggested to be listed in individual lamp sections are 
already stated in parts of Table I, Table IV, and Table V. Table I of 
the NPRM is an expansion of Tables I, II, III, and IV of the current 
version of Standard No. 108, tables which have been part of the 
standard for decades. The agency rarely receives questions or 
complaints about regulatory content contained in Tables I through IV, 
but instead, they are often considered the most useful feature of the 
current version. We received no comments, including the ASSN/AAM 
submission, which suggested elimination of Table I.
    We also believe that the suggestion of ASSN/AAM to remove the 
activation requirements from Table I and place them all in a new 
section titled ``Electrical'' was without merit. The activation 
requirements of the various types of lamps, like the other categories 
listed in Table I, are primarily vehicle-level requirements rather than 
device-level requirements, and are best presented along with those 
other requirements.
    Table V of the NPRM is a restatement of Figures 19 and 20 of the 
current version of Standard No. 108, which were added in a final rule 
\7\ published on August 11, 2004 which promulgated the current 
visibility requirements. The agency decided that it would not be 
appropriate to disperse the visibility requirements of Table V (and 
likewise the effective projected luminous lens area requirements of 
Table IV) into individual lamp sections. The primary reason was that in 
real world situations, many lamp functions are combined with other lamp 
functions, very often optically combined. It is not unusual for a 
vehicle to have a combination rear lamp where the taillamp, stop lamp, 
and rear turn signal lamp functions are optically combined. The same 
holds true for front turn signal lamps and parking lamps. The 
presentation of visibility requirements for all regulated lamp 
functions together in Table IV allows regulated parties to quickly 
determine the appropriate requirements for such combination lamps and 
perhaps aid the decision about which visibility alternative to use for 
certification.
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    \7\ 69 FR 48805 (Aug. 11, 2004) (Docket No. 2004-18794-1).
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    The decision to leave Tables I, IV, and V intact in the final rule 
means that adopting the ASSN/AAM template for individual lamp sections 
would result in large scale duplication of requirements in Standard No. 
108. Duplication of the same requirement in more than one location in a 
regulatory document has the potential for

[[Page 68240]]

unintended consequences. We intended to avoid those consequences by 
having each discrete requirement only stated once in Standard No. 
108.\8\
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    \8\ See the discussions of Table II and Table IX for 
explanations of existing duplicated requirements in the current 
version of FMVSS No. 108.
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    Therefore, to be responsive to the request of ASSN/AAM concerning 
the format of individual lamp sections while still maintaining the 
integrity of the standard by having only a single statement of each 
requirement, we have adopted the use of pointing statements. These 
pointing statements appear in those subsections of each lamp section 
where a requirement does exist but is stated in another location of the 
standard. For instance, in paragraph S7.4 pertaining to side marker 
lamps, subsections 7.4.1 Number, 7.4.2 Color of light, 7.4.3 Mounting 
location, 7.4.4 Mounting height, and 7.4.5 Activation, all conclude 
with the pointing statement ``See Tables I-a, I-b, and I-c.'' 
Similarly, S7.4.9 Markings points to S6.5 for details of the applicable 
marking requirements. S7.4.6 Effective projected luminous lens area, 
S7.4.7 Visibility, S7.4.8 Indicator, S7.4.10 Spacing to other lamps, 
S7.4.11 Multiple compartment and multiple lamps, and S7.4.12 Ratio all 
conclude with the term ``No requirement'' indicating a requirement for 
those specific items of lamp performance does not exist in Standard No. 
108.
    The entire content of Table III of the NPRM, dealing with 
conspicuity systems, was moved to paragraph S8.2 of the final rule. A 
new Table III was created to serve as a compilation of pointing 
statements directed to the locations within the final rule where 
marking requirements reside. While some headlamp marking requirements 
were relocated to paragraph S6.5 in the final rule, a number of other 
marking requirements continue to be dispersed within the document. In 
these cases, we have decided that the marking requirements are best 
located near the specific items to which they apply. However, these 
locations are all identified in Table III and consultation with this 
table should lead the user to all applicable marking requirements.
    Grote suggested that lengthy paragraphs of regulatory text be 
simplified by splitting them into separately numbered sub-paragraphs, 
particularly where the requirements were diverse. In a number of 
instances, we have been able to create such separation. Regulatory 
provisions (including renumbered paragraphs) where this has been done 
include: S6.1.3, S6.1.4.2, S6.1.5.2, S6.2.6, S6.5.3.3, S6.5.3.4, S6.6, 
S7.1.1.11, S7.1.1.12, S7.1.2.11, S7.1.2.12, S7.1.3, S7.2.11, S7.3.11, 
S7.3.12, S7.3.15, S7.7.13, S7.7.15, S7.9.14, S8.2.1, S8.2.2.3, S9.3.4, 
S9.8, S10.14.2, S10.17.1.1, S10.17.1.2, S10.17.1.3, S13, S14.1.4, 
S14.2.1, S14.2.3, S14.2.4, S14.2.5, S14.4.1, S14.4.2, S14.5, S14.6, 
S14.7, and S14.9. We have included the term ``split for clarity'' or 
similar language, often parenthetically, numerous places in the 
discussion of revisions to note where a section of text from the NPRM 
was divided into several smaller sub-sections in the final rule but not 
otherwise revised.
    Guide submitted numerous suggestions for reorganizing the NPRM by 
the reassignment of certain paragraphs within the organizational 
framework of the NPRM. In several instances, the agency concluded that 
the Guide suggestion proved to be a more appropriate location for a 
paragraph than the location proposed in the NPRM. We have noted these 
reassignments in our discussion (but without attribution to a Guide 
suggestion in some cases). This has caused numerous changes in the 
paragraph numbers throughout the regulatory text. Where a requirement 
in the final rule was identified differently in the NPRM, we have 
indicated the previous paragraph number in the revision summary.
    A number of Guide's suggested reassignments were not adopted, 
because we decided that the applicable textual provisions were already 
situated in the most appropriate location. Again, we did not mention 
every such rejection of Guide's suggested ordering or our reasoning for 
such decisions. While we believe that the final rule's organizational 
structure is the optimal choice, we recognize that it is not the only 
choice. Often, some of the requirements of Standard No. 108 intermix 
several attributes of lamps. Such an example is paragraph S7.11.2.1 
which contains requirements for a DRL spaced near a turn signal lamp 
(e.g., considerations for the actual separation distance, the luminous 
intensity of both the DRL and the turn signal lamp, whether the DRL is 
optically combined with a lower beam headlamp, and the activation 
properties of both the DRL and turn signal lamp). Requirements such as 
these do not fit neatly into a Mounting Location section or an 
Activation section, and their essence would not survive dispersion of 
the component requirements into these sections because of their 
interdependence on several diverse attributes.
    Another such situation involves the presentation of the 
requirements for conspicuity systems. The content of Table III of the 
NPRM was moved to paragraph S8.2 of the regulatory text to provide a 
more comprehensible presentation format. An argument could be made that 
this content should be split into two portions, one portion describing 
how conspicuity material is spaced and arranged and another portion 
describing where conspicuity material is to be placed on applicable 
vehicles. If this apportionment were made, the first portion could be 
considered a device-level requirement and the second portion a vehicle-
level requirement. Dispersing conspicuity system content in this way 
may seem correct from an organizational perspective, but would be in 
conflict with the goals of the rewrite of Standard No. 108 to present 
the requirements in a straight forward and logical manner.
    Our guiding principle in organizing the structure of the FMVSS No. 
108 final rule was to attempt to locate each requirement in the place 
where a user would be most likely to look for it. Accordingly, the 
final rule has been organized with the following major sections:

S1 Scope.
S2 Purpose.
S3 Application.
S4 Definitions.
S5 References to SAE publications.
S6 Vehicle requirements.
S7 Signal lamp requirements.
S8 Reflective device requirements.
S9 Associated equipment requirements.
S10 Headlighting system requirements.
S11 Replaceable light source requirements.
S12 Headlamp concealment device requirements.
S13 Replaceable headlamp lens requirements.
S14 Physical and photometry test procedures and performance 
requirements.

Tables

    Table I Required Lamps and Reflective Devices.
    Table II Headlighting Systems.
    Table III Marking Requirements Location.
    Table IV Effective Projected Luminous Lens Area Requirements.
    Table V Visibility Requirements of Installed Lighting Devices.
    Table VI Front Turn Signal Lamps Photometry Requirements.
    Table VII Rear Turn Signal Lamps Photometry Requirements.
    Table VIII Taillamp Photometry Requirements.
    Table IX Stop Lamp Photometry Requirements.
    Table X Side Marker Lamp Photometry Requirements.
    Table XI Clearance and Identification Lamps Photometry 
Requirements.

[[Page 68241]]

    Table XII Backup Lamp Photometry Requirements.
    Table XIII-a Motorcycle Turn Signal Lamp Alternative Photometry 
Requirements.
    Table XIII-b Motor Driven Cycle Stop Lamp Alternative Photometry 
Requirements.
    Table XIV Parking Lamp Photometry Requirements.
    Table XV High-Mounted Stop Lamp Photometry Requirements.
    Table XVI Reflex Reflector and Retroreflective Sheeting 
Photometry Requirements.
    Table XVII School Bus Signal Lamp Photometry Requirements.
    Table XVIII Headlamp Upper Beam Photometry Requirements.
    Table XIX Headlamp Lower Beam Photometry Requirements.
    Table XX Motorcycle Headlamp Photometry Requirements.

Figures

    Figure 1 Chromaticity Diagram.
    Figure 2 Flasher Performance Chart.
    Figure 3 Replaceable Bulb Headlamp Aim Pads.
    Figure 4 Headlamp Connector Setup.
    Figure 5 Headlamp Abrasion Test Fixture.
    Figure 6 Thermal Cycle Test Profile.
    Figure 7 Dirt/Ambient Test Setup.
    Figure 8 Replaceable Light Source Deflection Test Setup.
    Figure 9 Environmental Test Profile.
    Figure 10 Headlamp Replaceable Light Source Pressure Test Setup.
    Figure 11 Trailer Conspicuity Treatment Examples.
    Figure 12-1 Trailer Conspicuity Detail I.
    Figure 12-2 Trailer Conspicuity Detail II.
    Figure 13 Tractor Conspicuity Examples.
    Figure 14 92x150 Headlamp Aim Deflection Test Setup.
    Figure 15 Types G and H Headlamp Aim Deflection Test Setup.
    Figure 16 Types A and E Headlamp Aim Deflection Test Setup.
    Figure 17 Type B Headlamp Aim Deflection Test Setup.
    Figure 18 Types C and D Headlamp Aim Deflection Test Setup.
    Figure 19 License Plate Lamp Target Locations.
    Figure 20 License Plate Lamp Measurement of Incident Light 
Angle.
    Figure 21 Vibration Test Machine.
    Figure 22 Flasher Test Standard Circuit.

4. Suggestions Beyond the Scope of the Rewrite

Units of Measurements
    Several comments were received concerning the way quantities in the 
NPRM were measured, in terms of units. In some cases, measurements were 
only in metric units, others in only English units, and still others 
dual-dimensioned with both metric and English units. We note that this 
situation currently exists within Standard No. 108 and the SAE 
standards and Recommended Practices incorporated by reference. Such 
perceived inconsistencies in the final rule are the result of the 
agency's decision to make no substantive changes to Standard No. 108 
during the rewrite process. This means stating measurements in their 
original form consistent with their original source documents, instead 
of attempting to convert and standardize the units.
    ASSN preferred dual English/metric measurements for every quantity 
and requested that both be provided in the final rule. The commenter 
also preferred that linear measurements be expressed in both inches and 
centimeters. AAM requested dual units with metric units followed by 
English units and the use of direct conversions to establish those 
measurements that were only stated in one unit in the NPRM. Nissan 
argued that in recent rulemakings, the agency has consistently listed 
measurements using metric units with English units referenced 
parenthetically. Nissan preferred linear measurements that were in 
millimeters, except for photometric test distances which should remain 
dimensioned in meters. Conversely, Grote recommended that measurements 
be expressed in inches followed by centimeters in parentheses, 
believing that the vast majority of current users continue to use 
English measurements. SEMA also supported dual units of measurements 
with a preference for centimeters rather than millimeters. In 
supplemental comments, AAM/ASSN requested all quantities in FMVSS No. 
108 that are not now metric be converted to metric pursuant to 
Executive Order 12770 (Metric Usage in Federal Government Programs).
    The FMVSS No. 108 rewrite is considered an administrative action 
because existing requirements and obligations are not being increased, 
decreased, or substantively modified. The agency has decided that 
converting values and providing dual-dimensions is outside the scope of 
this final rule. The conversion process, in some cases, would result in 
substantive change in the current requirements of the standard. This is 
because such conversions rarely result in a whole number equivalent, 
but more likely in an unwieldy value with more digits than the value it 
was converted from. The converted unit may have a non-exact value 
requiring it to be truncated after several digits. Such rounding may 
have little effect on some attributes but significant effect on others. 
An additional complication is that some currently dual-dimensioned 
values in FMVSS No. 108 are not exact equivalents. For instance, the 
air pressure required to be applied to the replaceable light source in 
the replaceable light source pressure test is expressed as 70 KPa (10 
psig). However, the English equivalent of 70 KPa is 10.152641661 psig 
and the metric equivalent of 10 psig is 68.9475728 KPa. Thus, a user 
may conclude that a replaceable light source may be compliant with the 
standard if it withstands a pressure of 68.9475728 KPa and not 70 KPa.
    Additionally, the comments received in response to the NPRM show 
that users of FMVSS No. 108 do not have a consistent preference for a 
particular approach regarding units of measurement. In consideration of 
our principle not to change any existing requirements, as well as the 
wide range of opinions on the best approach for dual-dimensioning, the 
agency decided to present values consistent with the current standard 
instead of choosing one of the suggested options.
Photometric Maps
    As previously mentioned, the AAM/ASSN supplementary comments, the 
ASSN initial comments, and the NAL comments recommend inclusion of a 
number of new graphical maps that would show details of the 
requirements for the various photometric test patterns. The signal lamp 
maps would show the position of each individual test point and how 
those points are combined into groups. The headlamp maps would show 
individual test points, linear test elements, and zonal test elements.
    In reviewing the suggested graphical maps, it was unclear which 
test points were part of which zone. Furthermore, such maps are beyond 
the scope of the administrative rewrite. In addition, there were no 
compelling arguments presented addressing how their inclusion would 
advance the goals of the rewrite. Adding such graphical maps would 
provide redundant information, significantly increasing the risk of 
potentially conflicting requirements, and likely generate numerous 
interpretation requests, especially if users were confused by the new 
graphs.
    That is not to say that these types of illustrations have no value. 
They seem particularly well suited for use by design and manufacturing 
organizations use in their internal design standards or photometric 
test procedures documents. Standard No. 108, like all Federal Motor 
Vehicle Safety Standards, strives to present regulatory requirements in 
the clearest way possible. It is not intended to serve as an all-
inclusive working guide for designing, testing, or manufacturing lamps, 
reflective devices, or associated equipment. NHTSA

[[Page 68242]]

anticipates that user organizations will carefully incorporate the 
requirements of FMVSS No. 108 into their internal working documents.
Requests for New or Revised Definitions
    Commenters requested inclusion in the final rule of numerous 
definitions for specific terms. These include: ``center (of item),'' 
``fixed body panel,'' ``four lamp type headlamp,'' ``hazard warning 
lamps,'' ``obstruction,'' ``rigid part of vehicle,'' ``separately 
lighted areas,'' ``two lamp type headlamp,'' ``special tools,'' ``tools 
ordinarily available,'' ``supplemental lamp,'' and ``auxiliary lamp.'' 
There was also a suggestion for a revised definition for the term 
``color bleeding,'' alleging it could be mistaken for the term ``light 
bleed.'' A suggestion was also submitted for addition of definitions of 
all lamp types mentioned in the current version of FMVSS No. 108, with 
the specific example of fog lamp.
    In its initial submission, AAM suggested the final rule use the 
term ``* * * light source optical centers * * *'' in place of the term 
``* * * light sources * * *'' and the term ``* * * optical centers * * 
*'' in place of the term ``* * * optical axes * * *'' as revisions that 
would be technology-neutral in the specific case of a series wired 
array of LEDs being considered a single light source per the January 5, 
2006 letter of interpretation to AMECA.\9\ There were also suggestions 
that the term ``lighted section'' be used exclusively and in place of 
``multiple compartment'' and ``multiple lighted area.'' Adopting any of 
these suggestions would have been a substantive action which would be 
beyond the defined scope of this rewrite. For this reason we have not 
adopted any of these suggested modifications in the final rule.
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5. Suggestions Within the Scope of the Rewrite
SAE Documents
    A significant initiative of the FMVSS No. 108 rewrite was the 
incorporation of requirements contained in SAE Standards and 
Recommended Practices (currently incorporated by reference or sub-
reference) directly into the body of the standard. The current version 
of Standard No. 108 relies heavily on the content of numerous SAE 
documents. It contains over 100 references to some 35 different SAE 
documents, many of which were issued in the 1960s. Some of these 
documents are incorporated in their entirety, whereas only portions of 
others are cited. The NPRM integrated much of the content of these SAE 
document directly into the regulatory language, resulting in only eight 
SAE documents continuing to be incorporated by reference.
    Generally commenters supported this action. SEMA requested that all 
referenced and sub-referenced SAE documents be included in the 
regulatory text of the final rule. While total elimination of documents 
incorporated by reference proved to be impractical, we did eliminate 
references to three additional SAE documents in the final rule as 
discussed below. We also restored a reference to SAE J567b, Bulb 
Sockets, in S14.2.1.6.2 of the final rule based upon comments by 
Calcoast. This reference exists in Footnotes 2 and 3, which follow 
Table IV, of the current version of FMVSS No. 108, but was eliminated 
in the NPRM. We agree with Calcoast that the exemption permitted in 
these footnotes stating that bulbs not listed in SAE J573d, Lamp Bulbs 
and Sealed Units, December 1968, are not required to use a socket that 
conforms to the requirements of SAE J567b, Bulb Sockets, April 1964, is 
needed in the final rule.
    SAE J577, Vibration Test Machine, April 1964, has been replicated 
as Figure 21, and all references to SAE J577 have been removed from the 
final rule. SAE J823b, Flasher Test Equipment, April 1968, describes a 
standard test circuit to be used in the performance testing of 
vehicular hazard warning signal flashers and turn signal flashers. This 
SAE standard also has specifications for power supplies used in these 
tests and describes the circuit adjustments necessary to perform valid 
tests. We have chosen to incorporate the content of SAE J823b into the 
final rule. New Figure 22, Flasher Standard Test Circuit, provides the 
test circuit schematic diagram from Figure 1 of SAE J823b. Paragraph 
S14.9.3.1 of the final rule states requirements for circuit adjustments 
applica