Federal Motor Vehicle Safety Standard No. 108; Lamp, Reflective Devices and Associated Equipment; Denial of Petition for Rulemaking, 21567-21568 [2010-9587]
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Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules
[FR Doc. 2010–9553 Filed 4–23–10; 8:45 am]
BILLING CODE 6712–01–C
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
Federal Motor Vehicle Safety Standard
No. 108; Lamp, Reflective Devices and
Associated Equipment; Denial of
Petition for Rulemaking
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Denial of petition for
rulemaking.
SUMMARY: BMW of North America, LLC
(BMW) requested a modification to the
motorcycle headlighting system location
requirements for a single headlamp with
multiple light sources. The current
standard requires that the light sources
contained in a single motorcycle
headlamp containing multiple light
sources be located on the vertical
centerline of the vehicle or horizontally
disposed about the vertical centerline
and mounted at the same height. BMW
requested that the location requirements
be based on the axes of reference instead
of the light sources.
For compliance testing purposes, the
agency utilizes the manufacturer’s
specified optical axis marking. As
NHTSA explained in a letter of
interpretation to Mr. Kiminori,1 the
optical axis is determined by the
manufacturer in the certification
process. Our lighting standard does not
currently have requirements to specify
where the optical axis marking must be
located and we note that a modification
of the standard, as requested by BMW,
would effectively remove the location
requirements for a single motorcycle
headlamp with multiple light sources.
Therefore, NHTSA is denying BMW’s
petition.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call Mr.
Markus Price, Office of Crash Avoidance
Standards (Phone: 202–366–0098; FAX:
202–366–7002).
For legal issues, you may call Mr. J.
Edward Glancy Office of the Chief
Counsel (Phone: 202–366–2992; FAX:
202–366–3820).
You may send mail to these officials
at: National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
of polar bears through Letters of
Authorization issued under 16 U.S.C.
VerDate Nov<24>2008
15:22 Apr 23, 2010
Jkt 220001
Background
Federal Motor Vehicle Safety
Standard (FMVSS) No. 108; Lamps,
reflective devices, and associated
equipment, establishes lighting
requirements for motor vehicles.2
Motorcycle headlamp systems that
contain a single headlamp with multiple
light sources must be arranged
according to the requirements of
paragraph S7.9.6.2.3 S7.9.6.2(a) requires
that ‘‘If the headlamp contains more
than one light source, each light source
shall be mounted on the vertical
centerline with the upper beam no
higher than the lower beam, or
horizontally disposed about the vertical
centerline and mounted at the same
height.’’
BMW Group Petition
On October 10, 2008, BMW North
America, LLC (BMW) petitioned the
agency requesting that the requirements
for a motorcycle headlighting system,
containing a single headlamp, with
multiple light sources, be modified.
BMW stated that the purpose of its
petition was to harmonize the
requirements of FMVSS No. 108 with
the similar European Communities
(ECE) regulation No. 53 requirements,
which have location requirements
relative to the vehicle based on the axis
of reference rather than the physical
filaments in the lamp.
Specifically, BMW requested that
paragraph S10.17.1.1.2 4 of the
reorganized standard be amended from
the sentence quoted above in
‘‘Background,’’ to read as follows:
S10.17.1.1.2 If the headlamp contains more
than one light source, each axis of reference
must be located on the vertical centerline
with the upper beam no higher than the
lower beam, or horizontally disposed about
the vertical centerline and located at the
same height.5
BMW stated that ‘‘when using
modern, state of the art asymmetrical
reflectors, the center of reference is,
because of the reflector surface, slightly
differently located compared to the
2 49
CFR 571.108 (2009).
the amended standard, this requirement is
found in paragraph S10.17.1.1.2 and paragraph
S10.17.1.1.3. See 72 FR 68234 (Dec. 4, 2007). In a
December 2007 final rule, NHTSA rewrote and
reorganized FMVSS No. 108 to provide a more
straightforward and logical presentation of the
applicable regulatory requirements. Id. The
effective date of those amendments has been
delayed to December 1, 2012. 74 FR 58214 (Nov.
12, 2009).
4 Paragraph S10.17.1.1.2 of the reorganized
standard is identical to the same sentence currently
found in paragraph S7.9.6.2(a), i.e., the requirement
prior to the 2007 reorganization of the standard. See
72 FR 68234, 68283.
5 Id. (emphasis added).
21567
original light source. The center of
reference is the basis for all photometric
measurement, which are required by the
ECE regulation.’’ BMW also stated that
its requested modification would
harmonize FMVSS No. 108 with ECE
Regulation No. 53, and would have no
negative impact on traffic safety.
Analysis
In consideration of this petition, the
agency reviewed the use of the defined
term ‘‘axis of reference’’ in order to
evaluate the appropriate use of this term
within paragraph S10.14.1.1.2.
The axis of reference is defined as the
following:
Axis of reference means the characteristic
axis of the lamp for use as the direction of
reference (H = 0°, V = 0°) for angles of field
or photometric measurements and for
installing the lamp on the vehicle.6
The term ‘‘axis of reference’’ is used in
two key areas within the standard. First,
the axis of reference is used in the
determination of the effective projected
luminous lens area.7 The other key area
in which this term is used is, in
determination of the mounting height of
various lamps. Lamps mounted with
their axis of reference less than 750
millimeters (mm) above the road surface
may meet the photometric requirements
for the test points located below 5°
down at 5° down, rather than at the
specified required downward angle.
This general concept applies to various
lamps and is listed in the table of
photometric requirements for each lamp
to which it applies.8
The agency has also used the term
‘‘axis of reference’’ in a key guidance
letter. In a letter to Mr. Kiminori, the
agency explains the flexibility
manufacturers have in the establishment
of the optical marking and therefore the
location of the axis of reference. The
agency stated, ‘‘Paragraph S7.8.5.3(f)
[paragraph numeration prior to the
technical rewrite of 2007] of FMVSS No.
108 requires that a visually/optically
aimed headlamp include a mark or
markings identifying the optical axis of
the headlamp. The location of this mark
or markings is to be determined by the
3 In
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
6 49
CFR 571.108 S4, Definitions.
projected luminous lens area means
the area of the orthogonal projection of the effective
light-emitting surface of a lamp on a plane
perpendicular to a defined direction relative to the
axis of reference. Unless otherwise specified, the
direction is coincident with the axis of reference.’’
Id.
8 See 72 FR 68234, 68301–68327 (Tables V, VII,
VIII, IX, X, XI, XII, XIV, XVI, XVII) (noting in Table
footnotes that where various lamps are ‘‘mounted
with their axis of reference less than 750 mm above
the road surface, photometry requirements below 5°
down may be met at 5° down rather than at the
specified requirement downward angle’’).
7 ‘‘Effective
E:\FR\FM\26APP1.SGM
26APP1
21568
Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Proposed Rules
headlamp manufacturer. Once chosen,
the mark establishes the reference axis
that will be used to assure proper
horizontal and vertical alignment of the
aiming screen or optical aiming
equipment with the headlamp being
aimed. NHTSA will use this mark to
identify the reference axis, and will
conduct its compliance testing
accordingly.’’ 9
Although BMW claimed that the
petitioned modification would have no
negative impact on traffic safety, BMW
did not provide data to demonstrate that
the requested new specifications would
provide safety benefits comparable to
those of the existing standard or that
cost savings would be realized without
compromising safety.
Considering the flexibility with which
a manufacturer has in determining the
location of the axis of reference, the
agency is concerned that modifying the
standard as suggested by BMW would
create a disconnect between the
physical attributes of the lamp and the
location of the axis of reference. While
the agency understands that the focal
center of a complex headlamp may not
be at the center of the light source, the
agency continues to believe that the
light source provides the best physical
attribute with which to link the location
requirements of paragraph S10.17.1.1.2.
Considering the flexibility with which
manufactures have in choosing the
optical axis marking and thus the
location of the reference axis and the
lack of demonstrable benefits, the
agency is denying this petition from
BMW in order to avoid ambiguity in the
requirement.
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30166; delegation of authority at
49 CFR 1.50.
Issued: April 20, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010–9587 Filed 4–23–10; 8:45 am]
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
BILLING CODE 4910–59–P
9 Letter of Interpretation to Mr. Hyodo (May
2007), available at https://isearch.nhtsa.gov/files/06–
005429as-6.htm (last accessed March 29, 2010).
VerDate Nov<24>2008
15:22 Apr 23, 2010
Jkt 220001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2010-0026]
[MO 92210-0-0008-B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition to List the Harlequin Butterfly
as Endangered
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90–day finding on a petition to list the
harlequin butterfly (Atlantea tulita), a
butterfly endemic to Puerto Rico, as
endangered under the Endangered
Species Act of 1973, as amended, and to
designate critical habitat. Based on our
review, we find that the petition
presents substantial scientific or
commercial information indicating that
listing the harlequin butterfly may be
warranted. Therefore, with the
publication of this notice, we are
initiating a review of the status of the
species to determine if listing the
harlequin butterfly is warranted. To
ensure that the status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding this species.
Based on the status review, we will
issue a 12–month finding on the
petition, which will address whether
the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct this review, we request that you
send us your information on or before
June 25, 2010. Please note that if you are
using the Federal eRulemaking Portal
(see ADDRESSES section, below) the
deadline for submitting an electronic
comment is 11:59 p.m. Eastern Standard
Time on this date.
After June 25, 2010, you must submit
information directly to the Field Office
(see FOR FURTHER INFORMATION CONTACT
section below). Please note that we
might not be able to address or
incorporate information that we receive
after the above requested date.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. In the box that
reads ‘‘Enter Keyword or ID,’’ enter the
Docket number for this finding, which
is FWS-R4-ES-2010-0026. Check the box
that reads ‘‘Open for Comment/
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
Submission,’’ and then click the Search
button. You should then see an icon that
reads ‘‘Submit a Comment.’’ Please
ensure that you have found the correct
rulemaking before submitting your
comment.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS-R4ES-2010-0026; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Request for Information section
below for more details).
FOR FURTHER INFORMATION CONTACT:
Edwin Muniz, Field Supervisor,
Caribbean Ecological Services Field
´
Office, P.O. Box 491, Boqueron, PR
00622; by telephone (787) 851-7297; or
by facsimile (787) 851-7440. If you use
a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, we are
required to promptly review the status
of the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on the harlequin butterfly
from governmental agencies, Native
American Tribes, the scientific
community, industry, or any other
interested parties. We seek information
on:
(1) The species’ biology, range, and
population trends, including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species or its habitat or
both.
(2) The factors that are the basis for
making a listing determination for a
species under section 4(a) of the
Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.),
which are:
(a) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
E:\FR\FM\26APP1.SGM
26APP1
]]>Agencies
[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21567-21568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9587]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Federal Motor Vehicle Safety Standard No. 108; Lamp, Reflective
Devices and Associated Equipment; Denial of Petition for Rulemaking
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Denial of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: BMW of North America, LLC (BMW) requested a modification to
the motorcycle headlighting system location requirements for a single
headlamp with multiple light sources. The current standard requires
that the light sources contained in a single motorcycle headlamp
containing multiple light sources be located on the vertical centerline
of the vehicle or horizontally disposed about the vertical centerline
and mounted at the same height. BMW requested that the location
requirements be based on the axes of reference instead of the light
sources.
For compliance testing purposes, the agency utilizes the
manufacturer's specified optical axis marking. As NHTSA explained in a
letter of interpretation to Mr. Kiminori,\1\ the optical axis is
determined by the manufacturer in the certification process. Our
lighting standard does not currently have requirements to specify where
the optical axis marking must be located and we note that a
modification of the standard, as requested by BMW, would effectively
remove the location requirements for a single motorcycle headlamp with
multiple light sources. Therefore, NHTSA is denying BMW's petition.
---------------------------------------------------------------------------
\1\ Available at https://isearch.nhtsa.gov/files/06-005429as-6.htm (last accessed March 29, 2010).
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr.
Markus Price, Office of Crash Avoidance Standards (Phone: 202-366-0098;
FAX: 202-366-7002).
For legal issues, you may call Mr. J. Edward Glancy Office of the
Chief Counsel (Phone: 202-366-2992; FAX: 202-366-3820).
You may send mail to these officials at: National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Background
Federal Motor Vehicle Safety Standard (FMVSS) No. 108; Lamps,
reflective devices, and associated equipment, establishes lighting
requirements for motor vehicles.\2\ Motorcycle headlamp systems that
contain a single headlamp with multiple light sources must be arranged
according to the requirements of paragraph S7.9.6.2.\3\ S7.9.6.2(a)
requires that ``If the headlamp contains more than one light source,
each light source shall be mounted on the vertical centerline with the
upper beam no higher than the lower beam, or horizontally disposed
about the vertical centerline and mounted at the same height.''
---------------------------------------------------------------------------
\2\ 49 CFR 571.108 (2009).
\3\ In the amended standard, this requirement is found in
paragraph S10.17.1.1.2 and paragraph S10.17.1.1.3. See 72 FR 68234
(Dec. 4, 2007). In a December 2007 final rule, NHTSA rewrote and
reorganized FMVSS No. 108 to provide a more straightforward and
logical presentation of the applicable regulatory requirements. Id.
The effective date of those amendments has been delayed to December
1, 2012. 74 FR 58214 (Nov. 12, 2009).
---------------------------------------------------------------------------
BMW Group Petition
On October 10, 2008, BMW North America, LLC (BMW) petitioned the
agency requesting that the requirements for a motorcycle headlighting
system, containing a single headlamp, with multiple light sources, be
modified. BMW stated that the purpose of its petition was to harmonize
the requirements of FMVSS No. 108 with the similar European Communities
(ECE) regulation No. 53 requirements, which have location requirements
relative to the vehicle based on the axis of reference rather than the
physical filaments in the lamp.
Specifically, BMW requested that paragraph S10.17.1.1.2 \4\ of the
reorganized standard be amended from the sentence quoted above in
``Background,'' to read as follows:
---------------------------------------------------------------------------
\4\ Paragraph S10.17.1.1.2 of the reorganized standard is
identical to the same sentence currently found in paragraph
S7.9.6.2(a), i.e., the requirement prior to the 2007 reorganization
of the standard. See 72 FR 68234, 68283.
S10.17.1.1.2 If the headlamp contains more than one light
source, each axis of reference must be located on the vertical
centerline with the upper beam no higher than the lower beam, or
horizontally disposed about the vertical centerline and located at
the same height.\5\
---------------------------------------------------------------------------
\5\ Id. (emphasis added).
BMW stated that ``when using modern, state of the art asymmetrical
reflectors, the center of reference is, because of the reflector
surface, slightly differently located compared to the original light
source. The center of reference is the basis for all photometric
measurement, which are required by the ECE regulation.'' BMW also
stated that its requested modification would harmonize FMVSS No. 108
with ECE Regulation No. 53, and would have no negative impact on
traffic safety.
Analysis
In consideration of this petition, the agency reviewed the use of
the defined term ``axis of reference'' in order to evaluate the
appropriate use of this term within paragraph S10.14.1.1.2.
The axis of reference is defined as the following:
Axis of reference means the characteristic axis of the lamp for
use as the direction of reference (H = 0[deg], V = 0[deg]) for
angles of field or photometric measurements and for installing the
lamp on the vehicle.\6\
---------------------------------------------------------------------------
\6\ 49 CFR 571.108 S4, Definitions.
The term ``axis of reference'' is used in two key areas within the
standard. First, the axis of reference is used in the determination of
the effective projected luminous lens area.\7\ The other key area in
which this term is used is, in determination of the mounting height of
various lamps. Lamps mounted with their axis of reference less than 750
millimeters (mm) above the road surface may meet the photometric
requirements for the test points located below 5[deg] down at 5[deg]
down, rather than at the specified required downward angle. This
general concept applies to various lamps and is listed in the table of
photometric requirements for each lamp to which it applies.\8\
---------------------------------------------------------------------------
\7\ ``Effective projected luminous lens area means the area of
the orthogonal projection of the effective light-emitting surface of
a lamp on a plane perpendicular to a defined direction relative to
the axis of reference. Unless otherwise specified, the direction is
coincident with the axis of reference.'' Id.
\8\ See 72 FR 68234, 68301-68327 (Tables V, VII, VIII, IX, X,
XI, XII, XIV, XVI, XVII) (noting in Table footnotes that where
various lamps are ``mounted with their axis of reference less than
750 mm above the road surface, photometry requirements below 5[deg]
down may be met at 5[deg] down rather than at the specified
requirement downward angle'').
---------------------------------------------------------------------------
The agency has also used the term ``axis of reference'' in a key
guidance letter. In a letter to Mr. Kiminori, the agency explains the
flexibility manufacturers have in the establishment of the optical
marking and therefore the location of the axis of reference. The agency
stated, ``Paragraph S7.8.5.3(f) [paragraph numeration prior to the
technical rewrite of 2007] of FMVSS No. 108 requires that a visually/
optically aimed headlamp include a mark or markings identifying the
optical axis of the headlamp. The location of this mark or markings is
to be determined by the
[[Page 21568]]
headlamp manufacturer. Once chosen, the mark establishes the reference
axis that will be used to assure proper horizontal and vertical
alignment of the aiming screen or optical aiming equipment with the
headlamp being aimed. NHTSA will use this mark to identify the
reference axis, and will conduct its compliance testing accordingly.''
\9\
---------------------------------------------------------------------------
\9\ Letter of Interpretation to Mr. Hyodo (May 2007), available
at https://isearch.nhtsa.gov/files/06-005429as-6.htm (last accessed
March 29, 2010).
---------------------------------------------------------------------------
Although BMW claimed that the petitioned modification would have no
negative impact on traffic safety, BMW did not provide data to
demonstrate that the requested new specifications would provide safety
benefits comparable to those of the existing standard or that cost
savings would be realized without compromising safety.
Considering the flexibility with which a manufacturer has in
determining the location of the axis of reference, the agency is
concerned that modifying the standard as suggested by BMW would create
a disconnect between the physical attributes of the lamp and the
location of the axis of reference. While the agency understands that
the focal center of a complex headlamp may not be at the center of the
light source, the agency continues to believe that the light source
provides the best physical attribute with which to link the location
requirements of paragraph S10.17.1.1.2. Considering the flexibility
with which manufactures have in choosing the optical axis marking and
thus the location of the reference axis and the lack of demonstrable
benefits, the agency is denying this petition from BMW in order to
avoid ambiguity in the requirement.
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.
Issued: April 20, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-9587 Filed 4-23-10; 8:45 am]
BILLING CODE 4910-59-P
