requirements of paragraph S14.9. These references are to paragraph S6.6
and Table XXI in the NPRM.
    Similarly, the first sentence of paragraph S7.14.7 of the NPRM, now
paragraph S9.7.1 of the final rule, virtually duplicated the definition
of Vehicular hazard warning signal flasher in S4. We removed that
sentence from paragraph S9.7.1. Paragraph S9.7.2 of the final rule
states that vehicular hazard warning signal flashers must meet the
applicable performance requirements of paragraph S14.9. These
references are to paragraph S6.6 and Table XXI in the NPRM.
    Requirements for the vehicular hazard warning signal pilot
indicator from paragraph S7.14.8 of the NPRM are relocated intact to
paragraph S9.8 (split for clarity) in the final rule. AAM commented
that a vehicular hazard warning signal pilot indicator was not required
by FMVSS No. 108. We direct AAM's attention to SAE J910, Vehicular
Hazard Warning Signal Operating Unit, January 1966, specifically
paragraph 5. When we removed J910 as a referenced document in the NPRM,
we incorporated the requirements of paragraph 5 into paragraph S7.14.8,
which we are now designating as paragraph S9.8 in the final rule. \24\
---------------------------------------------------------------------------

    \24\ SAE J945, Vehicular Hazard Warning Signal Flasher, February
1966 incorporated by reference in the current version of FMVSS No.
108 also discusses a visible pilot indicator for the vehicular
hazard warning signal. The test condition requirement of S9.8.3 of
the final rule comes from J945.
---------------------------------------------------------------------------

S10 Headlighting System Requirements.
    The headlighting system requirements of S8 of the NPRM become S10
of the final rule.
    Paragraph S8.1 of the NPRM is now paragraph S10.1 (split for
clarity) in the final rule. Guide commented that paragraphs S8.1.1 and
S8.1.2 of the NPRM were redundant with the requirement, of paragraph
S8.1, that the headlighting system conforms to one of the systems of
Table II. We agree and eliminated paragraphs S8.1.1 and S8.1.2 from the
final rule.
    We mentioned previously in the discussion of mounting location
requirements that Guide commented that the content of sections 8.1.3
and 8.1.4 of the NPRM, dealing with headlamp beam mounting, was most
appropriately located in the lamp mounting location section. We agree
and have moved them intact to become paragraph S<IP_ADDRESS> of the final
rule.
    Paragraph S8.1.5, Headlamp adjustments, of the NPRM was relocated
to be paragraphs S<IP_ADDRESS> and S<IP_ADDRESS> of the final rule.
    We adopted, in S10 of the final rule, the ASSN/AAM suggested
standard format similar to that of the signal lamp and reflex reflector
sections. Those standardized criteria that apply to headlamps with the
appropriate

pointing statements or ``no requirement'' notations become paragraphs
S10.3 through S10.12 of the final rule.
    The requirements for a sealed beam headlighting system, which were
S9 of the NPRM, become paragraph S10.13 in the final rule. Paragraphs
S9 and S9.1 of the NPRM have been relocated intact to become paragraphs
S10.13 and S10.13.1 respectively in the final rule. The simultaneous
aim requirements for type ``F'' sealed beam headlamps, which were
paragraph S9.2 in the NPRM, become S10.13.2 in the final rule, the only
revision being the revised reference for the applicable photometry
procedure. Paragraph S9.3, Photometry, of the NPRM becomes paragraph
S10.13.3 in the final rule, again with a revised reference to the
photometry procedure. The physical tests requirements of paragraph S9.4
of the NPRM, which referenced Tables XXII and XXIII, become paragraph
S10.13.4 (split for clarity) in the final rule, with updated references
to the applicable test procedures and performance requirements in
paragraph S14.
    The requirements for an integral beam headlighting system that were
paragraph S10 of the NPRM become paragraph S10.14 in the final rule.
Paragraphs S10 and S10.1 of the NPRM have been relocated to be
paragraphs S10.14 and S10.14.1, respectively, in the final rule, with
the only revision being the substitution of the term ``activated'' for
the term ``mechanized'' used in the NPRM. Paragraphs S10.2, S10.3, and
S10.4 of the NPRM have been relocated to become paragraphs S10.14.2
(split for clarity), S10.14.3, and S10.14.4 respectively in the final
rule.
    AAM and Koito both commented that the language in paragraph S10.5
(repeated in paragraph S11.3) of the NPRM, stating that, ``An integral
beam (replaceable bulb in paragraph S11.3) headlamp may incorporate
replaceable light sources that are used for purposes other than
headlighting'', could be interpreted to mean those ``replaceable light
sources'' defined in S4 of the NPRM. This language came from paragraphs
S7.4(i) and S7.5(j) of the current version of Standard No. 108. To
alleviate concerns that this incorrect interpretation could be applied,
we have revised the language of paragraph S10.5 (and paragraph S11.3)
of the NPRM. Paragraph S10.14.5 (and paragraph S10.15.5) of the final
rule now states, ``An integral beam (replaceable bulb in paragraph
S10.15.5) headlamp may incorporate light sources that are used for
purposes other than headlighting and are capable of being replaced.''
    Paragraph S10.6, Photometry, of the NPRM becomes paragraph S10.14.6
in the final rule, with a revised reference to the photometry
procedure. The physical test requirements of paragraph S10.7 of the
NPRM, which referenced Table XXII and Table XXIII, become paragraph
S10.14.7 (split for clarity) in the final rule, with updated references
to the applicable test procedures and performance requirements in
paragraph S14.
    The requirements for a replaceable bulb headlighting system, which
were paragraph S11 of the NPRM, become paragraph S10.15 in the final
rule. Paragraph S11 of the NPRM has been relocated intact to be
paragraph S10.15 in the final rule. Koito commented that the language
of paragraph S11.1 of the NPRM stating, ``* * *must consist of the
correct number of designated headlamp units shown for* * *'' did not
clearly express the requirement. We agree and have revised this phrase
to, ``* * *must consist of either two or four headlamps shown for* *
*'' in paragraph S10.15.1 of the final rule.
    Paragraph S11.2 of the NPRM becomes paragraph S10.15.2 in the final
rule. Paragraph S11.4 of the NPRM has the phrase ``* * *be designed to*
* *'' inserted before the word ``conform'' when it becomes paragraph
S10.15.3 of the final rule.
    Paragraph S11.5 of the NPRM is relocated to become paragraph
S<IP_ADDRESS> of the final rule. It is supplemented by a new paragraph
S<IP_ADDRESS> stating the exception from the requirements of paragraph
S<IP_ADDRESS> (that were contained in paragraphs S7.5(d)(3)(i)(A) and
S7.5(d)(3)(ii)(A) of the current version of FMVSS No. 108), which was
omitted from the NPRM, as noted in the comments of Guide and Koito.
    As previously mentioned, paragraph S11.3 of the NPRM was revised
for clarity and becomes paragraph S10.15.5 in the final rule.
    Paragraph S11.6, Photometry, of the NPRM becomes paragraph S10.15.6
in the final rule, with a revised reference to the photometry
procedure. The physical tests requirement of paragraph S11.7 of the
NPRM, which referenced Table XXII and Table XXIII, becomes paragraph
S10.15.7 (split for clarity) in the final rule, with updated references
to the applicable test procedures and performance requirements in
paragraph S14.
    The requirements for a combination headlighting system that were
S12 of the NPRM become paragraph S10.16 in the final rule. Paragraphs
S12 and S12.1 of the NPRM have been relocated to be paragraphs S10.16
and S10.16.1, respectively, in the final rule, with the only revision
being the substitution of the term ``activated'' for the term
``mechanized'' used in the NPRM.
    Paragraph S12.2, Photometry, of the NPRM becomes paragraph S10.16.2
in the final rule, with a revised reference to the photometry
procedure. The physical test requirements of paragraph S12.3 of the
NPRM, which referenced Table XXII and Table XXIII, become paragraph
S10.16.3 (split for clarity) in the final rule, with updated references
to the applicable test procedures and performance requirements in
paragraph S14.
    The requirements for a motorcycle headlighting system that were S13
of the NPRM become paragraph S10.17 in the final rule. Paragraphs
S13.1, S13.1.1 (split for clarity), S13.1.2 (split for clarity), and
S13.1.3 (split for clarity) of the NPRM are relocated intact to become
paragraphs S10.17.1, S<IP_ADDRESS>, S<IP_ADDRESS>, and S<IP_ADDRESS>,
respectively, of the final rule. Paragraph S13.4 of the NPRM becomes
paragraph S10.17.2 of the final rule.
    Paragraph S13.2, Photometry, of the NPRM becomes paragraph S10.17.3
in the final rule, with a revised reference to the photometry
procedure. The physical test requirements of paragraph S13.3 of the
NPRM, which referenced Table XXII, become paragraph S10.17.5 in the
final rule, with updated references to the applicable test procedures
and performance requirements in paragraph S14.
    Paragraphs S13.5.1, Modulation, S13.5.2, Replacement modulators,
S<IP_ADDRESS>, Replacement performance, and S<IP_ADDRESS>, Replacement
instructions, of the NPRM are relocated intact to become paragraphs
S<IP_ADDRESS>, S<IP_ADDRESS>, S<IP_ADDRESS>.1, and S<IP_ADDRESS>.2, respectively,
in the final rule.
    Headlamp aimability requirements that were located in S14 in the
NPRM have been relocated to paragraph S10.18 in the final rule with one
exception and with very few revisions. The exception is proposed
paragraph S14.2 dealing with equipment in front of a headlamp lens. The
requirements of this section were moved to paragraph S6.2.6 in the
Impairment section of the final rule.
    Paragraph S14.8.2 of the NPRM, which becomes paragraph S<IP_ADDRESS>
of the final rule, contains requirements for use of nonadjustable
headlamp aiming device locating plates for five types of sealed beam
headlamps. The language in the NPRM stated that these units should
incorporate lens-mounted aiming pads specified in Figures a, b, c, d,
or e of the NPRM. The figures referred to were intended to be
placeholders in

a draft version of the NPRM. The NPRM should have stated that, ``* * *
incorporate lens-mounted aiming pads as specified for those units in
Appendix C of part 564 of this chapter,'' which is incorporated in
paragraph S<IP_ADDRESS> of the final rule.
    Koito requested that an alternative measurement distance of 25 m be
permitted for the measurement of the cutoff parameter for a visually/
optically aimed headlamp. Paragraph S<IP_ADDRESS> of the NPRM, based upon
the April 6, 2000 letter of interpretation to Mr. Spingler,\25\
required the measurement distance to be 10 m. One of the objectives of
the rewrite of Standard No. 108 is to improve the clarity of the
document without changing the substance of the existing requirements.
The referenced letter of interpretation states a specific measurement
distance without alternatives. Therefore, Koito's request would be a
substantive change beyond the scope of the rewrite and paragraph
S<IP_ADDRESS>.5 of the final rule duplicates the requirement from the
NPRM.
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    \25\ http://isearch.nhtsa.gov/files/21406.ztv.html_____________________________________-

S11 Replaceable Light Source Requirements
    Paragraph S15 of the NPRM, Replaceable light source requirements,
is relocated to S11 in the final rule. Paragraphs S15 and S15.1 from
the NPRM become paragraphs S11 and S11.1, respectively, in the final
rule. Paragraph S15.4, Ballast markings, of the NPRM becomes paragraph
S11.2 in the final rule and paragraph S15.5, Gas discharge laboratory
life, becomes paragraph S11.3. Paragraph S15.6 of the NPRM, containing
requirements for physical tests of replaceable light sources, is split
into paragraphs S11.4.1 and S11.4.2 in the final rule. Paragraph
S11.4.1 references the deflection test and pressure test applicable to
replaceable light sources, which were part of Table XXIII in the NPRM
and have been relocated to paragraph S14.7 in the final rule. Paragraph
S11.4.2 references a restated power and flux measurement test that is
described in paragraph S14.7.3 of the final rule, noting that the
performance requirements for this test do not reside in the main text
of Standard No. 108, but in the applicable appendix of part 564 of this
chapter.
    The NPRM contained paragraphs S15.2 and S15.3, both titled Power
and flux measurement, which essentially described the same test of
replaceable light sources. Recognizing that they were test procedures
and striving to advance the objectives of the rewrite, we consolidated
the procedures of paragraphs S15.2 and 15.3 into a single procedure,
without revising or modifying the requirements, and relocated it to
paragraph S14.7.3 of the final rule.
S12 Headlamp Concealment Device Requirements
    The headlamp concealment device requirements of S16 of the NPRM are
relocated intact to S12 of the final rule.
S13 Replaceable Headlamp Lens Requirements
    The replaceable headlamp lens requirements of paragraph S18 of the
NPRM are relocated intact (split for clarity) to paragraph S13 of the
final rule.
S14 Physical and Photometry Test Procedures and Performance
Requirements
    As previously mentioned, ASSN/AAM and Grote commented that tables
containing significant amounts of text, such as the test requirements
in Tables XXI, XXII, and XXIII of the NPRM, are difficult to use
because of lengthy passages that contain several sentences and express
several unique test conditions or requirements. We agree with these
comments. In the final rule, we have moved virtually all test
procedures and their associated performance requirements to S14.
    General test procedures and performance requirements that were
located in paragraph S6.8 of the NPRM have been placed in paragraph
S14.1 of the final rule. Similarly, the photometric test procedures of
paragraph S6.8 of the NPRM are now paragraph S14.2 of the final rule.
    Part of Table XXII of the NPRM, the out of focus test applicable to
motorcycle headlamps designed to conform to paragraph S10.17(b),
becomes paragraph S14.3 in the final rule. The color test and plastic
optical materials test of Table XXII become paragraph S14.4 in the
final rule. The remaining tests of Table XXII, the vibration test,
moisture test, dust test, and corrosion test, become paragraph S14.5 in
the final rule.
    All tests applicable to complete headlamps included in Table XXIII
of the NPRM have been relocated to paragraph S14.6 of the final rule.
The tests in Table XXIII of the NPRM related to replaceable light
sources become paragraph S14.7 in the final rule. Tests in Table XXIII
of the NPRM that apply to vehicle headlamp aiming devices (VHAD) were
relocated to be paragraph S14.8 in the final rule. Also, the tests
applicable to associated equipment that were located in Table XXI of
the NPRM become paragraph S14.9 in the final rule.
    S6.8.1 of the NPRM, stating that lamps, reflective devices, and
associated equipment regulated by Standard No. 108 be designed to
conform to applicable physical test requirements, becomes paragraph
S14.1.1 of the final rule. This is followed by proposed paragraphs
S6.8.4 and S.8.4.1 of the NPRM, applicable to plastic optical
materials, which become paragraphs S14.1.2 and S14.1.3, respectively,
in the final rule. Bayer had asked that the word ``reflex'' be placed
before the word ``reflector'' in paragraph S14.1.2 but we prefer to
keep the language faithful to paragraph S5.1.2 of the current version
of Standard No. 108. Paragraph S14.1.4, Samples, of the final rule is
paragraph S6.8.2 (split for clarity) of the NPRM, except for the
sentence ``A mounting bracket with a sample headlamp installed must not
have a resonant frequency in the 10-55 Hz. range'' which was relocated
to paragraph S<IP_ADDRESS> in the final rule because of its specific
applicability to the vibration test for headlamps. Paragraph S6.8.3 of
the NPRM is now paragraph S14.1.5 of the final rule.
    Paragraph S6.8.5 of the NPRM becomes paragraph S14.2, Photometric
test procedures, in the final rule. Paragraph S<IP_ADDRESS> was split for
clarity and becomes paragraph S14.2.1 in the final rule. Nissan
commented that the measurement distance requirements in paragraph
S<IP_ADDRESS> were confusing because they mentioned license plate lamps and
headlamps. We agree and have revised the text of paragraph S<IP_ADDRESS> of
the final rule to expressly state the required distance for all lamps
that paragraph S14.2.1 applies to. Nissan also noted that proposed
paragraph S<IP_ADDRESS> contained a requirement for photometric intensity
between test points that was duplicated in several photometry
requirements tables as a footnote. We eliminated this language from
paragraph S14.2.1 of the final rule, deciding that the individual
requirements tables were the appropriate location for the intensity
between test point requirements.
    Paragraph S<IP_ADDRESS>.1 of the NPRM becomes, in its entirety,
paragraph S<IP_ADDRESS> (split for clarity) of the final rule. Paragraph
S<IP_ADDRESS>.2, detailing requirements for photometry of multiple
compartment lamps and multiple lamps, becomes paragraph S<IP_ADDRESS> in
the final rule. We adopted the suggestion of Koito to specifically
indicate the type of lamps to which this section applies.

    Paragraph S<IP_ADDRESS> of the NPRM becomes paragraph S<IP_ADDRESS> (split
for clarity) in the final rule. Paragraph S<IP_ADDRESS>.2 was added to this
section at the suggestion of Calcoast, which observed that the NPRM had
not included the content of Footnotes 2 and 3, which follow Table IV,
of the current version of FMVSS No. 108. The last sentence of paragraph
S6.8.2, which specifically addressed samples for the color test of
reflex reflectors, was moved to be paragraph S<IP_ADDRESS> of the final
rule.
    Paragraph S<IP_ADDRESS>, License plate lamp photometry, of the NPRM
becomes paragraph S14.2.2 in the final rule. Paragraphs S<IP_ADDRESS>.1 and
S<IP_ADDRESS>.2 of the NPRM become paragraphs S<IP_ADDRESS> and S<IP_ADDRESS>,
respectively, in the final rule. Nissan observed that the language of
paragraph S<IP_ADDRESS>.2 was awkward and suggested a revision that did not
change the substance of the requirement. We adopted Nissan's suggestion
in paragraph S<IP_ADDRESS>. We also added paragraph S<IP_ADDRESS> to the final
rule to clarify that the bulb requirements of paragraph S<IP_ADDRESS> also
apply to license plate lamp photometry.
    Proposed paragraph S<IP_ADDRESS>, stating requirements for reflex
reflector and retroreflective sheeting photometry, becomes paragraph
S14.2.3 in the final rule. For clarity, paragraph S<IP_ADDRESS> of the NPRM
has been split into paragraphs S<IP_ADDRESS> through S<IP_ADDRESS> and
paragraph S<IP_ADDRESS>.1 has been split into paragraphs S<IP_ADDRESS>.1 through
S<IP_ADDRESS>.2 in the final rule. Likewise, paragraph S<IP_ADDRESS>.1.1 in the
NPRM becomes paragraph S<IP_ADDRESS>.3.1 in the final rule.
    3M commented that the language of paragraph S<IP_ADDRESS>.1 of the NPRM,
which is paragraph S<IP_ADDRESS> of the final rule, did not allow a
complete photometric evaluation of retroreflective sheeting because a
presentation angle was not specified. 3M's premise was that the test
method of the current version of FMVSS No. 108 relies on conventions
regarding orientation and presentation that are part of ASTM E 810,
Standard Test Method for Coefficient of Retroreflection of
Retroreflective Sheeting Utilizing the Coplaner Geometry, which is
referenced by ASTM D 4956, Standard Specification for Retroreflective
Sheeting for Traffic Control, a document 3M contends is no longer
referenced in the NPRM. This contention is incorrect. The reference to
ASTM D 4956, from paragraph S<IP_ADDRESS> of the current version of FMVSS
No. 108, is replicated in paragraph S7.12.1 of the NPRM and finally by
paragraph S<IP_ADDRESS> of the final rule, with consistent language
throughout. Since the connection to ASTM E 810 still exists, we see no
reason to modify the final rule as 3M suggested.
    Nissan suggested that the language concerning the mounting of a
reflex test sample for photometry, which becomes paragraph S<IP_ADDRESS> of
the final rule, did not allow for a test chamber which does not provide
a linear 100 foot test distance, but rather was arranged in a non-
horizontal orientation. We do not agree and, therefore, have not
changed the text from the NPRM to the final rule. The procedure of
paragraph S<IP_ADDRESS> is faithful to the language of paragraph 3.1.7 of
SAE J594f, Reflex Reflectors, January 1977, incorporated by reference
in the current version of FMVSS 108.
    The reflex reflector photometry test, like all tests in Standard
No. 108, describes a procedure that NHTSA would use to test a reflex
reflector for purposes of compliance. It also describes the performance
requirements that the reflector must be designed to conform to, when
tested according to the procedure. If a manufacturer chooses to use a
procedure that differs with that described in FMVSS No. 108 as its
basis of compliance, or to establish a basis of compliance that does
not rely on an actual test, it is free to do so. However, the
manufacturer must exercise due care in designing its product to conform
to the performance requirements of all applicable tests in Standard No.
108 when tested according to the procedures stated in the standard.
    Paragraph S<IP_ADDRESS>, Daytime running lamp (DRL) photometry
measurements, of the NPRM becomes paragraph S14.2.4 (split for clarity)
of the final rule. Paragraph S<IP_ADDRESS> was added to the final rule to
clarify that the bulb requirements of paragraph S<IP_ADDRESS> also apply to
DRL photometry.
    Nissan expressed some confusion regarding how a dedicated DRL,
without any equipment that alters or conditions the voltage, should
have power applied to it for photometric testing as stated in paragraph
S14.2.4. We are unable to answer this question as part of the rewrite
process and note Nissan can request an interpretation for this specific
situation.
    Paragraph S<IP_ADDRESS> of the NPRM, covering photometry measurements of
headlamps, becomes paragraph S14.2.5 in the final rule. Some
rearrangement of content and splitting of sections for clarity was
incorporated into the final rule. Specifically, paragraph S<IP_ADDRESS> of
the final rule contains the first sentence of paragraph S<IP_ADDRESS> of the
NPRM, paragraph S<IP_ADDRESS> contains the last sentence of paragraph
S<IP_ADDRESS>.5, paragraph S<IP_ADDRESS> contains the last sentence of paragraph
S<IP_ADDRESS>, paragraph S<IP_ADDRESS> duplicates paragraph S<IP_ADDRESS>.1,
paragraph S<IP_ADDRESS> duplicates paragraph S<IP_ADDRESS>.2, paragraphs
S<IP_ADDRESS>.1 and S<IP_ADDRESS>.2 duplicate paragraphs S<IP_ADDRESS>.2(a) and
S<IP_ADDRESS>.2(b) respectively, paragraph S<IP_ADDRESS>.3 (split for clarity)
duplicates paragraph S<IP_ADDRESS>.2(c), paragraph S<IP_ADDRESS>.4 duplicates
paragraph S<IP_ADDRESS>.2(d), paragraph S<IP_ADDRESS>.5 (split for clarity)
duplicates paragraph S<IP_ADDRESS>.2(e), paragraph S<IP_ADDRESS>.6 (split for
clarity) duplicates paragraph S<IP_ADDRESS>.2(f), paragraph S<IP_ADDRESS>.7
(split for clarity) duplicates paragraph S<IP_ADDRESS>.2(g), paragraph
S<IP_ADDRESS>.8 duplicates paragraph S<IP_ADDRESS>.2(i), and paragraph
S<IP_ADDRESS>.9 duplicates paragraph S<IP_ADDRESS>.2(j). Paragraph S<IP_ADDRESS>.2 of
the NPRM becomes paragraph S<IP_ADDRESS> of the final rule, paragraph
S<IP_ADDRESS>.4 becomes paragraph S<IP_ADDRESS> (split for clarity), paragraph
S<IP_ADDRESS>.5 (less the last sentence) becomes paragraph S<IP_ADDRESS> (split
for clarity), and paragraph S<IP_ADDRESS>.6 becomes paragraph S<IP_ADDRESS>.
Guide commented that paragraph S<IP_ADDRESS>.2(h) of the NPRM described
photometry measurement for moveable reflector headlamps rather than an
aiming procedure and did not belong where it was located. We agree and
have designated this provision as paragraph S<IP_ADDRESS> in the final
rule.
    AAM and Honda objected to the word ``specified'' which appeared
before ``position relative to the * * *'' in the NPRM. We omitted
``specified'' in the final rule to be faithful to paragraph S<IP_ADDRESS>(b)
of the current version of FMVSS No. 108. We also added a horizontal
range exclusion for visually/optically aimed moveable reflector
headlamps with a fixed horizontal aim to be faithful to paragraph
S<IP_ADDRESS>(d) of the current version of FMVSS No. 108, as noted in the
comments of Nissan.
    Paragraph S14.3 of the final rule contains the out of focus test
that was part of Table XXII of the NPRM. This test only applies to
motorcycle headlamps that are designed to conform to paragraph
S10.17(b) of the final rule. AAM identified two typographical errors in
the out of focus test procedure where there were no periods after the
abbreviations ``in''. Our practice is to not include a period after
such abbreviations, so the text identified by AAM is correct although
in several other instances we did include a period after such an
abbreviation. In the final rule we have removed periods after all such
abbreviations, except in those situations where other grammatical

requirements, such as the end of a sentence, require a period.
    Paragraph S14.4 of the final rule, General test procedures and
performance requirements, contains the color test and plastic optical
materials test, along with applicable requirements, from Table XXII of
the NPRM. In both tests, the text as stated in the NPRM has been split
for clarity in the final rule.
    AAM noted that the Scope of SAE J578c, Color Specification for
Electric Signal Lighting Devices, February 1977, contains limitations
on the application of this standard that may be important to lighting
manufacturers. This portion of SAE J578c was inadvertently left out of
Table XXII in the NPRM. In the final rule, we have added it as
paragraph S14.4.1. This section will now read, ``The requirement
applies to the overall effective color of light emitted by the device
and not to the color of the light from a small area of the lens. It
does not apply to any pilot, indicator, or tell-tale lights. The color
of the sample device * * *''
    Paragraph S<IP_ADDRESS> of the final rule, detailing alternatives for
samples used in the color test of reflex reflectors, originated from
the last sentence of paragraph S6.8.2 of the NPRM.
    Koito, 3M, and Honda commented that the language of the performance
requirement for the color test for the color yellow using the visual
evaluation method omitted a key word. In the NPRM, the requirement is
stated as, ``Yellow (Amber) is acceptable if it is less saturated
(paler), greener, or redder than the limit standard.'' The revised text
in the final rule states, ``Yellow (Amber) is not acceptable if it is
less saturated (paler), greener, or redder than the limit standard''
[emphasis added].
    AAM commented that the color restricted blue should be included in
the final rule because it appears in SAE J578c. We know of no
requirements in Standard No. 108 for the light from a lamp or the color
of a lens material to be restricted blue. We also observed that there
are also no such requirements for the colors green or blue. Therefore,
we have not only decided against adding requirements for restricted
blue but also have removed the requirements for the colors blue and
green for both the visual evaluation method and the tristimulus
evaluation method of the color test of paragraph S14.4.1 in the final
rule.
    AAM commented that Section 3.2, Tristimulus Method, from SAE J578c
is not stated in its entirety in the procedure column of the color test
of proposed Table XXII. We have reviewed SAE J578c and the text of the
Tristimulus Method procedure from proposed Table XXII. We do not find
that the text of proposed Table XXII omitted any substantive portion of
SAE J578c that describes how the test is performed. In the absence of
any specific explanation of its comments by AAM, we are not revising
the Tristimulus Method section, now located in paragraph S<IP_ADDRESS> of
the final rule.
    Paragraph S14.4.2 of the final rule contains the plastic optical
materials tests from Table XXII of the NPRM. Atlas, Bayer, Grote, and
AAM commented that the performance requirement for headlamp lens
materials after the outdoor exposure test portion of the plastic
optical materials tests in Table XXII of the NPRM was not identical to
that stated in Section 4.2.3 of SAE J576 JUL91. The language of the
NPRM stated that the requirement was no haze greater than 0% when
measured by ASTM D 1033 (1992). SAE J576 JUL91 states the requirement
as ``shall show no deterioration.''
    Koito noted that while the measurement method of ASTM D 1033 (1992)
was required for evaluation of the post exposure haze of other
materials, it was not required for the evaluation of headlamps. Koito
also stated that the post exposure performance requirements for
luminous transmittance and color required by SAE J576 at Sections 4.2.1
and 4.2.2 are missing from the NPRM. We agree with these comments and
have revised the plastic optical materials test outdoor exposure test
portion performance requirements accordingly. Specifically, the
performance requirement section for headlamp lenses, now paragraph
S<IP_ADDRESS>.4.2 of the final rule, no longer requires evaluation by ASTM
D 1033 (1992) and states, ``After completion of the outdoor exposure
test, materials used for headlamp lenses must show no deterioration.''
The performance requirement section for luminous transmittance, now
paragraph S<IP_ADDRESS>.4.4, states, ``After completion of the outdoor
exposure test, all materials, when compared with the unexposed control
samples, must not have their luminous transmittance changed by more
than 25% when tested in accordance with ASTM E 308-66 (1973) using CIE
Illuminant A (2856K).'' The performance requirement section for color,
now paragraph S<IP_ADDRESS>.4.5, states, ``After completion of the outdoor
exposure test, all materials must conform to the color test of this
standard in the range of thickness stated by the material
manufacturer.''
    Bayer stated that specifying 2.3 mm thick test samples for the
plastic optical materials tests represents a change from the current
version of FMVSS No. 108 and may increase the testing burden of the
industry. We do not believe that specifying 2.3 mm thick samples is a
change from current requirements. SAE J576 JUL91 does only suggest 2.3
mm samples, paragraph S5.2.1 of the current version of FMVSS No. 108
(and paragraph S5.1 of the NPRM) states that, ``The words `It is
recommended that', `recommendations', or `should be' appearing in any
SAE Standard or Recommended Practice referenced or subreferenced by
this standard shall be read as setting forth mandatory requirements * *
*'' We consider the term ``suggest'' to have a similar meaning as the
term ``should be'' and have therefore included 2.3 mm as one of the
sample thicknesses used for the plastic optical material test. We
believe there is value in specifying sample thickness. The inclusion of
the 2.3 mm sample thickness also serves to alert regulated parties that
should the agency choose to perform a compliance test, it will perform
the test on this sample thickness.
    AAM suggested eliminating the notation concerning test samples
having 32 sq cm of exposed area from the Procedure column of Table XXII
of the NPRM and allowing it to remain in the Samples column of the
outdoor exposure test portion of the plastic optical materials tests.
We do not agree with this suggestion. The area requirement is important
in both the preparation of the samples and their mounting orientation
for the exposure test. An area specification is appropriate in both
places and is included in both paragraph S<IP_ADDRESS>.2 and paragraph
S<IP_ADDRESS>.3.1 of the final rule.
    The NPRM omitted the third sentence of SAE J576 JUL91 Section 3.3.2
requiring that samples be mounted in the open with a minimum 30 cm
(11.8 in) separation from their background. This has been corrected in
the final rule by including the separation requirement in paragraph
S<IP_ADDRESS>.3.1.
    AAM suggested that content of the Samples column of Table XXII of
the NPRM for the outdoor exposure test portion of the plastic optical
material tests be repeated for the heat test portion separately. We
agree that this would add clarity. We have revised the heat test
portion of the plastic optical materials tests to appear as a test
separate from the outdoor exposure test and have placed content
specific to the heat test into paragraph S<IP_ADDRESS> of the final rule.
    Paragraph S14.5 of the final rule, Signal lamp and reflective
device test procedures and performance requirements, contains the
vibration,

moisture, dust, and corrosion tests that were located in Table XXII of
the NPRM.
    As previously mentioned, the references in the NPRM to SAE J577,
Vibration Test Machine, April 1964, have been eliminated in the final
rule with the incorporation of the drawing and mechanical details of
the vibration machine as Figure 21. The reference in the vibration test
procedure to SAE J577 has been revised to Figure 21 in paragraph
S<IP_ADDRESS> of the final rule.
    AAM, Honda, and Guide commented about the inadvertent omission of
the phrase ``one hour'' from the moisture test procedure of Table XXII
of the NPRM. This is corrected in the final rule where paragraph
S<IP_ADDRESS>, second sentence, states, ``* * * followed by a one hour
drain period * * *''
    We have decided that the first sentence of the moisture test
performance requirements of the NPRM stating, ``After completion of the
moisture test * * *'' is more appropriately part of the test procedure.
Therefore, we are relocating it to be the last sentence of paragraph
S<IP_ADDRESS> of the final rule.
    Calcoast commented that the moisture test performance requirement
for a sealed reflex unit stated in SAE J594f, January 1977, at Section
3.1.4 is ``any visible moisture constitutes a failure.'' We agree and
have revised the moisture test performance requirements of paragraph
S<IP_ADDRESS> in the final rule to state ``Accumulation of moisture in
excess of 2 cc, or any visible moisture in a sealed reflex unit, must
constitute a failure.''
    AAM noted that the dust test of Table XXII of the NPRM is not
required to be performed on sealed units per SAE J575d, August 1967,
Section G, and SAE J575e, August 1970, Section G. We agree and in the
final rule paragraph S<IP_ADDRESS>, Samples states, ``A sealed unit is not
required to meet the requirements of this test.'' We also decided that
the first sentence of the performance requirements of the dust test
stating, ``After completion of the dust test the exterior surface of
the device must be cleaned'' was part of the test procedure rather than
a performance requirement so that sentence was moved to paragraph
S<IP_ADDRESS> in the final rule.
    Paragraph S14.6 of the final rule, Headlamp physical test
procedures and performance requirements, consists of all headlamp test
procedures from Table XXIII of the NPRM, except for those that apply
specifically to replaceable light sources or vehicle headlamp aiming
devices (VHAD). Several of the tests that become paragraph S14.6 had
significant portions of their text split for clarity as part of their
relocation from Table XXIII of the NPRM to paragraph S14.6 of the final
rule. These tests include: (1) Abrasion test, (2) chemical resistance
test, (3) corrosion connector test, (4) dust test, (5) temperature
cycle test, (6) internal heat test, (7) humidity test, (8) sealing
test, (9) chemical resistance of reflectors of replaceable lens
headlamps, (10) corrosion resistance of reflectors of replaceable lens
headlamps, (11) torque deflection test, and (12) both aiming adjustment
tests.
    Honda commented that the pad cycling rate of the abrasion test
procedure of Table XXIII of the NPRM contained typographical errors. We
agree and have revised the text in paragraph S<IP_ADDRESS>.3 of the final
rule from ``11 cycles at 10  cm per second * * *'' to the
correct language from the current version of FMVSS No. 108 paragraph
S8.2(b) which is, ``* * * 11 cycles at 4  0.8 in (10  2 cm) per second * * *.''
    AAM stated the requirement that the same sample headlamp be used in
both the temperature cycle test and the internal heat test was not
supported in the current version of FMVSS No. 108. We disagree. The
current version of Standard No. 108 states, concerning integral beam
headlamps at paragraph S7.4(h)(5), ``The headlamp shall meet the
requirements of subparagraph (i) and then those of subparagraph (ii)
[emphasis added]. Subparagraph (i) describes a temperature cycle test
in accordance with paragraph S8.6.1 and subparagraph (ii) describes an
internal heat test in accordance with paragraph S8.6.2. Paragraph
S7.5(h)(i) requires replaceable bulb headlamps to meet the same
physical tests in paragraphs 7.4(g) and S7.4(h) that are required of an
integral beam headlamp. Thus, there is a very clear requirement that a
single headlamp sample be used, in sequence, in the temperature cycle
test and then the internal heat test.
    Guide and VS commented that the humidity test of Table XXIII of the
NPRM incorrectly included a performance requirement of post-test
photometry. We agree, and the post-test photometry provision has been
removed from the humidity test, which is contained in paragraph
S<IP_ADDRESS> of the final rule.
    Honda and AAM observed a typographical error in the tolerance for
air flow uniformity in paragraph (d) of the humidity test procedure.
The text of the NPRM states, ``* * * each grid point is 10% of the
average * * *'' while the corrected text of paragraph S<IP_ADDRESS>.6 of
the final rule states, ``* * * each grid point is  10% of
the average* * *'' which is faithful to paragraph S8.7(d) of the
current version of FMVSS No. 108.
    As we mentioned in the discussion of paragraph S14.5, the
references in the NPRM to SAE J577, Vibration Test Machine, April 1964,
have been eliminated in the final rule with the incorporation of the
drawing and mechanical details of the machine as Figure 21. The
reference in the vibration test procedure of Table XXIII of the NPRM to
SAE J577 has been revised to Figure 21 in the final rule.
    Nissan observed that the applicability of the chemical resistance
of reflectors of replaceable lens headlamps test and the corrosion
resistance of reflectors of replaceable lens headlamps test did not
include integral beam headlamps, as required by paragraph S5.8.11 of
the current version of FMVSS No. 108. Its comment is correct and
paragraph S<IP_ADDRESS> of the final rule correctly states the requirement
for these two tests.
    Koito and Nissan questioned whether the inward force test of Table
XXIII applied to headlamps other than sealed beams, particularly those
headlamps that utilize a VHAD or are visually/optically aimed. This
requirement comes from paragraph S<IP_ADDRESS>(b) of the current version of
FMVSS No. 108. That paragraph states, ``when a headlamp is installed on
a motor vehicle, its aim in any direction shall not change by more than
0.30 degree nor shall the lamp recede more than 0.1 in (2.5 mm) after
being subjected to an inward force of 50 pounds (222 newtons) applied
evenly to the lens parallel to the mechanical axis.'' There is no
distinction in this paragraph to any particular type of headlamp, so it
must be applied to all headlamps.
    Nissan commented that the performance requirements of the aiming
adjustment test (laboratory) were ``difficult to read'' as presented
but did not explain the difficulties or suggest alternative language.
In the final rule, we have split the performance requirements of this
test into paragraphs S<IP_ADDRESS>.1, S<IP_ADDRESS>.2, and S<IP_ADDRESS>.3,
which we believe will improve clarity.
    Paragraph S14.7 of the final rule, Replaceable light source
physical test procedures and performance requirements, consists of the
deflection test for replaceable light sources and the pressure test for
replaceable light sources from Table XXIII of the NPRM, along with a
replaceable light source power and flux measurement procedure. The text
of all of these items has been split for clarity in the final rule.
There were no comments submitted that impacted the substance of these

procedures and requirements. However as mentioned in the discussion of
paragraph S11, the NPRM contained paragraphs S15.2 and S15.3, both
titled Power and flux measurement, that essentially described the same
test of replaceable light sources. We consolidated the procedures of
paragraphs S15.2 and S15.3 into a single procedure, without revising or
modifying the requirements, and relocated it to paragraph S14.7.3 of
the final rule.
    Paragraph S14.8 of the final rule, Vehicle headlamp aiming device
(VHAD) physical test procedures and performance requirements, consists
of the six VHAD tests that were part of Table XXIII of the NPRM. There
were no comments submitted that impacted the substance of these
procedures and requirements.
    Paragraph S14.9 of the final rule, Associated equipment physical
test procedures and performance requirements, consists of the tests
contained in Table XXI of the NPRM. These test procedures and
performance requirements, as written in Table XXI of the NPRM, were in
block paragraph form. As we have done in several places throughout the
final rule, we have split some of these longer paragraphs into several
smaller sections, which are grouped according to similar content, in an
effort to improve clarity.
    One of the goals of the FMVSS No. 108 rewrite was to remove
outdated requirements from the document. The physical test requirements
for associated equipment presented an opportunity to pursue this goal.
The applicable SAE documents incorporated by reference in FMVSS No. 108
were adopted between 1964 and 1969 and several of them contained
specifications for both vehicles with a nominal 12 volt electrical
system as well as those with a nominal 6 volt electrical system.
Believing that few, if any, vehicles manufactured after the effective
date of FMVSS No. 108 have been equipped with a nominal 6 volt
electrical system, we deleted references to that voltage in the
proposal.
    In its comments, AAM requested that we restore the nominal 6 volt
requirements to the physical test requirements for associated
equipment. Presumably, this comment was based upon the knowledge that
one of its constituent organizations was producing a 6 volt device for
a regulated vehicle or had plans to do so. While we continue to believe
that those requirements are not currently being used by any regulated
party, we do not want to eliminate a compliance option that has value.
Therefore, we have restored the applicable language from the SAE
documents \26\ incorporated by reference in the current version of
FMVSS No. 108 for testing devices used in a nominal 6 volt electrical
system. The restoration of nominal 6 volt requirements necessitated
revisions in the following portions of paragraph S14.9 of the final
rule: (1) S14.9.1 turn signal operating unit durability test procedure,
(2) S<IP_ADDRESS> vehicular hazard warning signal operating unit durability
performance requirements, and (3) S14.9.3 turn signal flasher and
vehicular hazard warning signal flasher test procedure and performance
requirements.
---------------------------------------------------------------------------

    \26\ SAE J589, Turn Signal Operating Units, April 1964; SAE
J910, Vehicular Hazard Warning Signal Operating Unit, January 1966;
SAE J945, Vehicular Hazard Warning Signal Flasher, February 1966;
SAE J590b, Automotive Turn Signal Flashers, October 1965; and SAE
J823b, Flasher Test Equipment, April 1968.
---------------------------------------------------------------------------

    AAM and Honda commented that the reference in the turn signal
operating unit durability test procedure in Table XXI of the NPRM
incorrectly stated the ripple voltage tolerance of the power supply. We
agree and have revised the language of that procedure in the final
rule. The text `` * * * ripple voltage of less than 5% * * * was
changed to `` * * * ripple voltage of not more than 5% * * *.''
    The turn signal flasher and vehicular hazard warning signal flasher
both maintained their reference to SAE J823b, Flasher Test Equipment,
April 1968, in the NPRM. As previously mentioned, this document was
eliminated from the final rule by incorporating its content directly
into Standard No. 108. This was accomplished in the final rule by
creating Figure 22, Flasher Standard Test Circuit, for the circuit
diagram of Figure 1 of SAE J823b, and also by listing the test setup
requirements of Sections 3 through 9 of SAE J823b in paragraph S14.9.3
of the final rule as well as the power supply specifications for
testing performance requirements and those specifications for testing
durability requirements that were Section 10 of SAE J823b into
paragraph S<IP_ADDRESS> of the final rule.
    Koito commented on the load requirements (from paragraph S<IP_ADDRESS>
of the current version of FMVSS No. 108) for variable load turn signal
flashers for the turn signal flasher starting time test and the flash
rate and percent current ``on'' time test. In the proposal, this
information was located parenthetically after the notation ``Starting
time test'' and ``Flash rate and percent current ``on'' time test''. We
agree with Koito that this is not the optimum location for this
provision, and have inserted it into the applicable test procedure in
the final rule. Where those proposed procedures stated ``* * * with the
design load connected * * *'' the text of the final rule now states ``*
* * with the design load (variable load flashers are tested with their
minimum and their maximum design load) connected * * *.''
    Koito and AAM observed that load specifications stated in the
procedure for the turn signal flasher voltage drop test and durability
test procedures did not clearly replicate the requirements from
paragraph S<IP_ADDRESS> of the current version of FMVSS No. 108, and SAE
J590b, October 1965, Section 2. We have revised the language of those
procedures in the final rule to clarify the load specifications. The
proposed procedures stated ``* * * with the maximum design load
connected * * *'' which has changed in the final rule to state `` * * *
with the design load (variable load flashers are tested with their
maximum design load) connected * * *.''
    Honda observed that the durability test performance requirements
for the vehicular hazard warning signal flasher did not include the
notation from SAE J945, February 1966, Section 7, requiring the post
durability test to incorporate pilot lamps as part of the maximum
design load. We agree and have revised the language of the performance
requirements in paragraph S<IP_ADDRESS>.3 of the final rule from `` * * *
maximum design load at an ambient * * * '' to ``maximum design load,
including pilot lamps as specified by the manufacturer, at an ambient*
* *.''
    Honda, AAM, and Koito all commented that the column headings for
the semiautomatic headlamp beam switching device sensitivity test
performance requirements were incorrect. We agree and have revised them
in paragraph S<IP_ADDRESS>.2.3.1 of the final rule. They now read from
left to right: Test position (degrees) [above the two columns of
lateral and vertical test points], Dim (cd at 100 ft), and Hold (cd at
100 ft).
    Honda observed that the maximum dim sensitivity at test point H-5R
was incorrectly stated in the NPRM as 100 (cd at 100 feet). The correct
value is 150 (cd at 100 feet) as shown in Table 1 of SAE J565b,
February 1969. We incorporated this revision in the final rule.
    Koito also commented that the semiautomatic headlamp beam switching
device voltage regulation test procedure incorrectly refers to ``dim''
sensitivity in the NPRM. The correct notation is ``hold'' sensitivity
and that is

what appears in paragraph S<IP_ADDRESS>.3.1.2 of the final rule.
    AAM commented that the language of the semiautomatic headlamp beam
switching device warmup test performance requirement of the NPRM was
not faithful to SAE J565b, February 1969, Section 4.5. We have revised
that language in paragraph S<IP_ADDRESS>.5.2 of the final rule to be
identical to the first sentence of Section 4.5, specifically, ``If the
warmup time of the device exceeds 10 seconds, it must maintain the
headlamps on lower beam during warmup.''
Tables
Table I-a Portion of Proposed Table I
    As mentioned previously, we have decided to split Table I of the
NPRM into three sections. Table I-a lists lamp and reflective device
requirements for passenger cars, multipurpose passenger vehicles,
trucks, and buses of all widths. Where we refer to comments about the
content of Table I-a, it indicates that those comments were submitted
about the content of the portion of Table I of the NPRM now contained
in Table I-a of the final rule.
    Based on comments submitted to the docket regarding our proposal,
we have decided to make several revisions to Table I-a. One of these
revisions was the inclusion of the abbreviation ``MPV'' in parenthesis
after the term ``Multipurpose Passenger Vehicle'' in the title of Table
I-a. We have subsequently used this abbreviation several times in this
document.
    Guide commented that the reference in Table I for the number and
color of headlamps does not directly state a number but instead makes
an additional reference to Table II. We do not find this method
difficult or complex, it somewhat duplicates the method of the current
version of FMVSS No. 108. Sub-referencing is necessary because the
number of headlamps actually used depends on the headlighting system
chosen. We clarified the language of Table I-a for the number of upper
beam and lower beam headlamps from `` * * * type and number * * * '' to
`` * * * headlighting system * * * '' to more precisely describe this
sub reference.
    AAM and Koito commented about the inclusion of the phrase `` * * *
equal to or wider than the upper beam headlamps'' in the mounting
location description for lower beam headlamps along with the
corresponding phrase `` * * * equal to or narrower than the lower beam
headlamps'' in the mounting location description for the upper beam
headlamps. They, along with Honda, which commented about the same
language in Table I relating to motorcycle headlamps, believe that this
phrase is inconsistent with the current FMVSS No. 108 requirement. We
agree that it does not fully describe the relationship required between
upper and lower beam headlamps. We removed this language from Tables I-
a and I-c of the final rule and incorporated headlamp beam spacing
requirements in paragraph S<IP_ADDRESS>.
    AAM commented that the activation requirement for turn signal lamps
stating, ``Current 108 paragraph S<IP_ADDRESS> references SAE J590b * * *
in which Figure 1 combines flash rate and percent current ``on'' time.
This figure appears as Figure 2 in Rewrite 108. There is no reference
to percent current ``on'' time in Rewrite 108 Table I. We are unable to
find a reference to Rewrite Figure 108 anywhere within the Rewrite 108
text.'' The reference to NPRM Figure 2 is contained in Table XXI which
details the performance of turn signal (and vehicular hazard warning
signal) flashers, specifically in the performance requirements for the
Flash Rate and Percent Current ``On'' Time Test. We agree that
including the rate of 60 to 120 flashes per minute in Table I is a
detail that is not needed. The flash rate will be determined by the
choice of flasher and its performance when subjected to the test of
paragraph S14.9.3. Therefore, we are revising the Device Activation
requirement for turn signal lamps in Table I-a (and the corresponding
requirement in Table I-b for trailers and in Table I-c for motorcycles)
to read, ``Flash when the turn signal flasher is actuated by the turn
signal operating unit.'' This statement more accurately describes the
process by which the turn signal lamps are caused to flash.
    AAM, Honda, and Koito commented about the activation requirements
for taillamps, side marker lamps, and license plate lamps with respect
to their required activation when the parking lamps are activated. AAM
contended that the NPRM does not clearly state that the taillamps, side
marker lamps, and license plate lamps are required to be activated when
the parking lamps are activated only on vehicles less than 2032 mm in
overall width. To clarify those requirements, we revised the language
of the activation requirement from * * * ``Must be activated when the
headlamps are activated in a steady burning state or the parking lamps
are activated (not a requirement for vehicles 2032 mm or more in
overall width)``, to * * * ``Must be activated when the headlamps are
activated in a steady burning state or the parking lamps on passenger
cars and MPVs, trucks, and buses less than 80 inches in overall width
are activated.'' This revision was made to the Device Activation
requirements for taillamps, side marker lamps, intermediate side marker
lamps, and license plate lamps in Table I-a.
    AAM also commented that the activation requirement for a stop lamp
optically combined with a turn signal lamp was not stated in Table I
using the language from SAE J586 FEB84, at Section 5.4.2 and SAE J1398
MAY85, also at Section 5.4.2. One of the stated intentions of the
rewrite is to clarify requirements without making substantive changes
to them. Although we were satisfied with the language of the NPRM in
this situation, we revised the language to be faithful to the original
SAE language. We replaced the third sentence of the Device Activation
requirement for stop lamps in Table I-a with ``When a stop signal is
optically combined with the turn signal, the circuit must be such that
the stop signal cannot be turned on if the turn signal is flashing.''
Identical revisions have been made in Table I-b for trailers and Table
I-c for motorcycles.
    We have corrected an omission in Table I-a with respect to the
requirements applicable to a truck tractor. The current version of
FMVSS No. 108 excludes, in paragraph S<IP_ADDRESS>, a truck tractor from
being required to be equipped with any rear side marker devices, rear
clearance lamps, and rear identification lamps. The NPRM included this
exclusion for rear side marker lamps, rear clearance lamps, and rear
identification lamps but failed to include the notation for rear side
reflex reflectors. This has been corrected in the final rule.
    TTMA stated in its comments that the partial photometric output
exclusion for clearance lamps mounted other than on the front or rear
of a vehicle where necessary to indicate overall vehicle width or
protect the lamps from damage, appearing in paragraph S<IP_ADDRESS> of the
current version of FMVSS No. 108, does not appear in the NPRM. The
exclusion for mounting location does appear in the Mounting Location
portion of Table I-a for both front and rear clearance lamps (and has
been added to Table I-b for trailer clearance lamps). The photometric
output exclusion for such lamps appears in Table XI as Footnote 4,
which is the appropriate location for this detail.
    TTMA also called attention to an interpretative rule issued by the
agency in 1999 and published at 64 FR 16358 \27\

which quantifies the requirement that clearance lamps and
identification lamps be mounted ``as near the top as practicable'' and
describes how ``practicability'' will be determined for these lamps
when mounted on a vehicle with cargo doors. We agree that this
interpretative rule concerning presumption of practicability is
important to include in FMVSS No. 108. Therefore, we have added to the
Mounting Height portion of Table I-a, applicable to rear clearance
lamps and rear identification lamps (and to those same lamps in Table
I-b applicable to trailers), the sentence ``Practicability of locating
lamps on the vehicle header is presumed when the header extends at
least 25 mm (1 inch) above the rear doors.''
---------------------------------------------------------------------------

    \27\ 64 FR 16358, (April 5, 1999).
---------------------------------------------------------------------------

    ASSN commented that the incorporation of the May 26, 2000 letter of
interpretation to Mr. Farber \28\ permitting stop lamps to be activated
when a vehicle is slowed by a device designed to retard the motion of a
vehicle, should also be extended to activation of a high-mounted stop
lamp. The Farber interpretation was issued several years after high-
mounted stop lamps were first required on vehicles but does not
explicitly address their activation. The current version of FMVSS No.
108 contains, in paragraph S5.5.4, slightly different activation
requirements for stop lamps and for high-mounted stop lamps. It states,
``The stop lamps on each vehicle shall be activated upon application of
the service brakes. The high-mounted stop lamp on each vehicle shall be
activated only upon application of the service brakes'' (emphasis
added). This difference in activation requirements is explained in the
September 10, 1990 letter of interpretation to Mr. Henneberger \29\
which states, `` * * * The second sentence of S5.5.4 restricts
operation of the center stop lamp to application of the service brakes,
but no such restriction exists in the first sentence. Although the
first sentence requires operation of the stop lamps upon application of
the service brakes, when considered in conjunction with the restriction
stated in the second sentence, it can be read as implying that there
may be other conditions under which activation of the stop lamps is
permissible. However the reason for the difference in the two sentences
is otherwise. Commonly, in red rear combination lamps, the same
filament serves both the stop and turn signal functions. If the turn
signal is functioning when the brakes are applied, the first sentence
ensures that the stop signal overrides the turn signal.''
---------------------------------------------------------------------------

    \28\ http://isearch.nhtsa.gov/files/21341.ztv.html    \29\ http://isearch.nhtsa.gov/gm/90/nht90-3.93.html

    The Farber interpretation was incorporated into the NPRM because of
its conclusion that, `` * * * when a vehicle is slowed by downshifting
or an engine retarder, from the perspective of the following driver, it
would be equivalent to what would occur if the service brakes were
applied. Therefore, it would be permissible for the stop lamps to be
illuminated under this scenario, since 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.'' Clearly,
the Farber interpretation establishes a situation where the action of a
retarder or similar device is equivalent to the action of applying the
service brakes. Since S5.5.4 of the current version of FMVSS No. 108
requires activation of the high-mounted stop lamp when the service
brake is applied, it follows that it may also be activated by
application of a retarder. Table I-a of the final rule has been revised
to include this permitted activation.
    AAM recognized a typographical error in Table I-a in describing the
mounting location requirements for school bus signal warning lamps. AAM
suggested language that is more faithful to that of SAE J887, School
Bus Red Signal Lamps, July 1964, the document incorporated by reference
in the current version of Standard No. 108. We have revised the
language of the final rule applicable to the mounting location of these
lamps to state, `` * * * but in no case shall the spacing between lamps
be less than 40 inches'', which is more faithful to SAE J887.
    Nissan commented that inclusion of the Daytime Running Lamp (DRL)
in a Table titled Required Lamps and Reflective Devices implied that
the DRL was the only non-required lamp permitted on regulated vehicles.
We have discussed previously that we believe Table I-a is the
appropriate location for the DRL in the standard. However, we have
clarified the portion of Table I-a applicable to the DRL by revising
the title from ``Additional Lamps Allowed * * *'' to ``Daytime Running
Lamps Allowed * * *.''
    Nissan and AAM commented that Table I-a did not completely describe
all mounting height restrictions on DRLs in the appropriate portion of
the table. We have clarified in Table I-a that additional requirements
do apply and are included in paragraph S7.10.13(b) of the final rule.
    Guide commented that additional DRL activation requirements are
contained in paragraph S7.11.2 of the NPRM and should be added to Table
I-a. We disagree. There is language in Table I-a calling attention to
these additional requirements and directing users to paragraph
S<IP_ADDRESS>(c) of the final rule, a notice that we believe is adequate.
Table I-b Portion of Proposed Table I
    In addition to those revisions to Table I-b that were listed in the
preceding section, several others have been incorporated in the final
rule.
    AAM commented that the width criteria for installing a single
taillamp, stop lamp, or rear reflex reflector on a trailer was
incorrectly dimensioned. Table I-b stated that the installation of a
single such device can occur ``* * * on trailers less than 760 mm
wide.'' The correct dimension from paragraph S<IP_ADDRESS> of the current
version of FMVSS No. 108 is 30 inches, and the final rule states that
dimension for all three devices. Current paragraph S<IP_ADDRESS> also
states that when single devices are used, they shall be located ``* * *
at or near its vertical centerline.'' To clarify this requirement, we
have revised the Mounting Location requirement language from ``A single
lamp (reflector) must be mounted at or near the vertical centerline''
to ``When a single lamp (reflector) is installed, it must be mounted at
or near the vertical centerline.''
    AAM, Grote, and Koito all commented that the NPRM did not include
the mounting height limitation of 60 inches for rear side marker lamps
installed on trailers 2032 mm or more in overall width, which is stated
in Table II of the current version of FMVSS No. 108. This omission is
corrected in Table I-b in the final rule.
    TTMA commented on the appropriate location for the requirement
stating that conspicuity treatment on a trailer can serve as the
required reflex reflectors if the conspicuity treatment is placed at
the locations required for reflex reflectors. This alternative is
contained in paragraph S<IP_ADDRESS>.1 in the NPRM, but we agree it is best
located in Table I-b and have moved it there, following the listing of
``Reflex Reflectors'' and ``Intermediate Reflex Reflectors'', and have
eliminated paragraph S<IP_ADDRESS>.1 from the final rule.
    TTMA commented that the requirements for mounting height for
clearance lamps and identification lamps in Table I-b was missing. We
have corrected this by adding the appropriate language from Table II of
the current version of FMVSS No. 108,

``As near the top as practicable.'' We have also added language to the
Mounting Height portion of the rear clearance lamp section stating
that, similar to Table I-a, they are not required to be mounted as near
the top as practicable when the rear identification lamps are mounted
at the extreme height of the vehicle, an exclusion provided by
paragraph S<IP_ADDRESS> of the current version of FMVSS No. 108 and
inadvertently omitted from the NPRM.
Table I-c Portion of Proposed Table I
    Consistent with the revision in language to the Number and Color
portion of headlamps in Table I-a, we have revised Table I-c. It
previously stated ``* * * of a type and number listed * * *,'' but now
states ``* * * of a headlighting system listed * * *.'' We believe that
this revision more precisely describes this requirement.
    AAM commented that there are additional motorcycle headlamp
mounting restrictions that are not acknowledged in Table I-c. We agree
and have added language to direct the reader to paragraphs S<IP_ADDRESS>,
S<IP_ADDRESS>, and S<IP_ADDRESS> of the final rule for additional headlamp
mounting requirements.
    We have inserted the language ``a turn signal'' between the words
``between'' and ``lamp'' in the last sentence of the Mounting Location
portion of the front turn signal lamp requirements section of Table I-c
of the final rule to clarify that requirement. Also, the language of
the last sentence of the Mounting Location portion of the rear turn
signal lamp requirements section of Table I-c was revised so that it
now states, ``* * * between the turn signal lamp and taillamp or stop
lamp is 4 inches * * *,'' a change that clarifies the requirement in
the final rule.
Table II-a Headlighting Systems--Sealed Beam
    GE, Honda, AAM, and Koito commented that the reference to
photometry requirements in Table XIX of the NPRM for a lower beam
visual aim ``LF'' headlamp erroneously stated ``LB1(1)''
rather than ``LB1V(1).'' We agree and this has been
corrected in the final rule.
Table II-b Headlighting Systems--Combination
    GE, Honda, AAM, and Koito commented that the reference to
photometry requirements in Table XIX of the NPRM for a 4 lamp system,
lower beam visual aim headlamp erroneously stated ``LBV(4)''
rather than ``LB1V(4).'' We agree and this has been
corrected in the final rule.
    Koito commented that if an integral beam headlamp was used in a
combination headlighting system, it could consist of beam contributors
and if so, they would be subject to the photometric allocation formula
described in paragraph S<IP_ADDRESS>.6 of the NPRM. Koito requested that a
footnote be added to call attention to that possibility. We agree and
have added Footnote 7 to the final rule stating ``Beam contributor
photometric allocation formula of paragraph S<IP_ADDRESS> may apply.''
Table II-c Headlighting Systems--Integral Beam
    Footnote 6 was revised for clarity in the final rule to read,
``Beam contributor photometric allocation formula of paragraph
S<IP_ADDRESS> applies.''
    Koito commented that the lower beam photometry requirements
reference in the NPRM for the headlamp in a four lamp system that
provides a portion of the upper beam and the lower beam should be
``LB3M'' rather than ``LB4M'' for a mechanically aimed headlamp and
``LB3V'' rather than ``LB2V'' for a visually/optically aimed headlamp.
These references are taken from paragraph S7.4(a)(1)(iii) of the
current version of FMVSS No. 108, which specifies Figure 28-1 or Figure
28-2. LB4M is a restatement of the requirements of Figure 28-1 and LB2V
similarly of Figure 28-2.\30\ We do not agree with Koito's comment and
are therefore making no revision in the final rule.
---------------------------------------------------------------------------

    \30\ And also Figure 17-2 which has identical requirements.
---------------------------------------------------------------------------

Table II-d Headlighting Systems--Replaceable Bulb
    AAM and Koito commented that the references in Table II-d to
photometry requirements in Table XIX for UB1, LB1M, and LB1V should
include Footnote 4, ``Lower beams may remain activated when upper beams
are activated,'' based upon paragraph S5.8.8 of the current version of
FMVSS No. 108. We agree that the UB1, LB1M, and LB1V requirements are
derived from Figures 15-1 and 15-2 of the current version of FMVSS No.
108. Paragraph S5.8.8 states that a headlighting system designed to
conform to the photometric requirements of Figures 15-1 and 15-2 may be
so wired. That footnote has been added to the final rule.
    Koito and AAM commented that the photometric requirement reference
in Table II-d of the NPRM for the upper beam of a 2 lamp system with a
light source composition of HB2 or any single filament type used alone
or with any other single or dual filament type, should include UB3
(Figure 27-1 or 27-2 in the current version of FMVSS No. 108) as well
as the listed UB2 (Figure 17-1 or 17-2 in the current version of FMVSS
No. 108). They provide the rationale that this is permitted by
paragraph S7.5(d)(2)(ii)(A)(1) of the current version of FMVSS No. 108.
Indeed, a literal reading of that text could lead to such a conclusion.
However, Figure 26, Table for Determining the Photometric Requirements
of Replaceable Bulb Headlamp Systems, of the current version of FMVSS
No. 108 clearly shows, in the box where the row marked ``Two-Headlamp
System'' intersects the column marked ``HB2 or Any Single Filament Type
used Alone or with Any Other Single or Dual Filament Type,'' that the
applicable photometry requirements are those of Figure 17-1 or 17-
2.\31\ Faced with the seeming contradiction between paragraph S7.5
(d)(2)(ii)(A)(1) and Figure 26, we looked for other cues in FMVSS No.
108 that would confirm the correct requirement. One such cue is in
paragraph S7.5(b) which states that, ``The photometrics as specified in
subparagraphs (c) through (e) of this paragraph (depicted in Figure
26), using any light source of the Type intended for use in such
system.'' This clearly indicates that paragraph S7.5 and Figure 26
provide identical information. Another cue is the language in paragraph
S7.5(d)(2)(i)(A)(2) which states that only the photometry requirements
of Figure 17-1 or 17-2 are to be used for lower beam with a two lamp
system that uses an HB2 source.
---------------------------------------------------------------------------

    \31\ The current version of FMVSS 108 presents headlamp
photometry requirements in sets of related tables that differ only
by application to type of aiming system used. In this instance Table
17-1 applies to mechanically aimed headlighting systems while Table
17-2 applies to visually/optically aimed headlighting systems.
---------------------------------------------------------------------------

    The specific language of paragraph S7.5(d)(2)(ii)(A)(1) first
appeared in Standard No. 108 several years ago during a revision in
text. Instead of concluding with ``* * * light sources that include
Type HB2 * * *'' paragraph S7.5(d)(2)(ii)(A)(1) should have concluded
with ``* * * light sources other than Type HB2 * * *'' This would make
it consistent with paragraph S7.5(d)(2)(i)(A)(1), which addresses the
lower beam, and Figure 26.
    Because this ambiguity has existed for a considerable length of
time, it would be a substantive change to revise it in the final rule
and thus is outside the scope of the rewrite. We have revised

Table II-d in the final rule to indicate that UB3 may be used as an
upper beam photometry requirement for a 2 lamp system using a Type HB2
or any single filament type used alone, or with any other single or
dual filament type. However, regulated parties should be aware that we
consider this to be incorrect and we may take action soon to correct
what we believe is a mistake.
Table III Conspicuity Systems Requirements Becomes Table III Marking
Requirements Location
    The recognition that the tabular method of organization did not
work well for the presentation of lengthy textual requirements provided
the rationale for moving the conspicuity systems requirements content
of Table III of the NPRM to paragraph S8.2 of the regulatory text of
the final rule. The substantive issues raised by public comment and the
revisions to conspicuity systems are discussed under paragraph S8.2. As
discussed under paragraph S6.5, Table III has been re-designated as a
source for listing each location in the regulatory text of the final
rule applicable for each marking requirement of Standard No. 108.
Table IV Effective Projected Luminous Lens Area Requirements
    As previously mentioned, this table has been divided into three
sections in the final rule.
    Koito and Guide commented that the effective projected luminous
lens area requirements for a front turn signal lamp were incorrectly
stated in what is now Table IV-a and did not agree with the
requirements of SAE J588 NOV84. We concur and have clarified those
requirements in the final rule to indicate that there is no effective
projected luminous lens area requirement for each compartment of a
multiple compartment front turn signal lamp.
    There were no comments submitted that impacted what are now Tables
IV-b and IV-c in the final rule.
Table V Visibility Requirements of Installed Lighting Devices
    As previously mentioned, this table has been divided into four
sections. AAM suggested that the column marked ``Applicable Vehicles''
was not needed. We agree and have removed it from all four sections of
Table V in the final rule.
Table V-a Visibility Requirements of Installed Lighting Devices
    AAM suggested alternative language referring to the required
visibility of high-mounted stop lamps when two lamps are installed. We
agree with its suggestion and have revised the language of the final
rule appearing in parenthesis to read (Single lamp or two lamps
together where required by paragraph S<IP_ADDRESS> of this standard.)
Table V-b Visibility Requirements of Installed Lighting Devices (Lens
Area Visibility Option)
    Grote suggested that the mandatory enforcement dates for the
exclusive use of the visibility options of Table V-b and V-c be
included in those tables. We believe it is preferable to include these
dates in paragraph S6.4.4 of the regulatory text of the final rule,
where additional details about choosing a visibility compliance method
are located.
    AAM suggested that the language of Footnote 2 of Table V-b (and
Footnote 2 of Table V-c) be revised for clarity. We agree and those
footnotes now read in the final rule, ``Where a lamp is mounted with
its axis of reference less than 750 mm above the road surface, the
vertical test point angles located below the horizontal plane subject
to visibility requirements may be reduced to 5[deg] down.''
Table V-c Visibility Requirements of Installed Lighting Devices
(Luminous Intensity Visibility Option)
    AAM claimed that the visibility requirements specifying corner
points at 80[deg] outboard are erroneous. We disagree because these
corner points are faithful to those stated in Figure 20 of the current
version of FMVSS No. 108.
Table V-d Visibility Requirements of Installed Lighting Devices (Legacy
Visibility Alternative)
    AAM identified a typographical error in the proposal where a period
did not directly follow the abbreviation ``mm'' in the required
visibility of turn signal lamps. This has been corrected in the final
rule by removing all periods after these abbreviations in keeping with
the style of regulatory text.
    Nissan believed that the term ``existing'' in the parenthetical
subtitle of this section was indeterminate and suggested it be removed.
We decided to revise the subtitle from ``(Existing SAE Visibility
Alternative)'' to ``(Legacy Visibility Alternative)'' in the final rule
suggesting that these requirements are ones that have historically been
used.
    Guide commented that the sentence ``Where more than one lamp or
optical area is lighted on each side of the vehicle, only one such area
on each side need comply'' should not be included in visibility
requirements. We disagree because it is an integral part of the SAE
documents incorporated by reference in the current version of FMVSS No.
108.\32\
---------------------------------------------------------------------------

    \32\SAE J1395 APR85, S5.4.1, SAE J586 FEB84, S5.4.1, SAE J1398
MAY85, S5.4.1, and SAE J585e, September 1977, S4.
---------------------------------------------------------------------------

    Guide also suggested that the phrase ``To be considered visible''
preface the specific visibility requirements in Table V-d. We believe
that the language of the requirements in Table V-d, along with the text
of paragraph S6.4.4, clearly describe what is required and the
additional language is not needed.
    We have revised the visibility requirement minimum value for a
taillamp in Table V-d from 1250 sq mm to 2 sq in to be faithful to the
language of SAE J585e, September 1977, Section 4, incorporated by
reference in the current version of FMVSS No. 108, which is the
original source of this requirement.
Table VI Front Turn Signal Lamp Photometry Requirements
    As previously mentioned, this table has been divided into two
sections. Table VI-a contains the base front turn signal lamp
photometry requirements and the 2.5 times base front turn signal lamp
photometry requirements. Table VI-b contains the 1.5 times base and the
2.0 times base front turn signal lamp photometry requirements.
    Nissan, AAM, and Koito commented that displaying the ratio
requirements for both turn signal lamps combined with parking lamps and
turn signal lamps combined with clearance lamps in the same column of
our proposal was confusing. We agree and have placed the requirements
for those two combinations in separate columns in both Tables VI-a and
VI-b in the final rule.
    Koito and AAM commented that Footnote 4 does not accurately state
the requirements of SAE J1395 AP85, Section <IP_ADDRESS>, incorporated by
reference in the current version of FMVSS No. 108. We agree and have
revised that footnote in the final rule to read ``When a clearance lamp
on a vehicle 2032 mm or more in overall width is combined with a front
turn signal lamp and the maximum luminous intensity of the clearance
lamp is located below horizontal and within a 1.0[deg] radius around
the test point, the ratio for the test point may be computed by using
the lowest value of the clearance lamp luminous intensity within the
generated area.''
    AAM noted several instances where the group minimum photometric
intensity values for 2 and 3 lighted sections, 2.5x base photometry
lamps, were erroneous. These five values were

all 0.5 cd less than their calculated values. The correct values have
been incorporated in Table VI-a in the final rule.
    Koito suggested that several of the group minimum photometric
intensity values for 2 lighted sections, base photometry lamps, are
erroneous. Koito appears to have based its comment on the observation
that the arithmetic sum of the minimum values of all test points
included in the groups exceeds the value shown for the group. However,
in this case all of the listed values are accurate. They are consistent
with values of Table 1 for group requirements and Table 3 for
individual test point requirements of SAE J588 NOV84, incorporated by
reference in the current version of Standard No. 108. Although in most
cases SAE has specified that group photometric values equal the sum of
the individual test point values in a group, there are exceptions, and
this is one of those exceptions.
Table VII Rear Turn Signal Photometry Requirements
    Footnote 6 of the final rule was revised to agree with the decision
to eliminate the reference to SAE J588e for double faced turn signal
lamps installed on truck tractors. It now reads, ``A double-faced turn
signal lamp installed as described in paragraph S<IP_ADDRESS> on a truck
tractor need only meet the photometric requirements for a left side
lamp where the lamp is mounted on the left side of the vehicle, and for
a right side lamp where the lamp is mounted on the right side of the
vehicle.''
Table VIII Taillamp Photometry Requirements
    Calcoast commented that Footnote 1 and Footnote 2 to Table VIII of
the NPRM are not mutually exclusive. Therefore, the limitations imposed
by compliance with one of these footnotes may negate an allowance
offered by the other. We agree with Calcoast's assessment. The
situation that it mentioned actually affects all lamps where grouped
test point photometric compliance is permitted. The requirements of
Footnote 1 of Table VIII also apply to all other lamps where grouped
compliance is permitted. The original source of this requirement is SAE
J575, Test for Motor Vehicle Lighting Devices and Components, paragraph
J, which is identical in both J575d, August 1967, and J575e, August
1970, the two versions of this standard applicable to signal lamps in
FMVSS No. 108. Footnote 2 of Table VIII describes the basic premise of
grouped compliance. The failure of an individual test point in the
group to meet its minimum photometric intensity can be offset if one or
more of the other points in the group exceed their minimum intensity
requirement by enough margin that the group total intensity is still
met.
    Additionally, turn signal lamps and stop lamps, including high-
mounted stop lamps, also have a further limitation from their original
SAE source document concerning how much any individual test point can
fail to meet its minimum intensity when considered in a group
compliance situation. This limitation states that the measured value at
each test point must not be less than 60% of the minimum value.
    All these limitations must be considered simultaneously when
determining grouped photometric compliance for lamps where that
procedure is permitted. Calcoast was correct in its assessment that
these limitations may negate full utilization of each other.
    Koito and AAM identified two minimum test point photometric
intensity values for 3 lighted section lamps they believe are
erroneous. We agree and have corrected the values at 5L-10D and 5R-10D
in the final rule.
    We have also revised Table VIII in the final rule to reduce
confusion by placing the minimum and maximum photometric intensity
values in separate columns for each of the lighted sections
alternatives.
    Koito commented that Table VIII did not include Footnote 5 from
Table 1 of SAE J585e, Tail Lamps (Rear Position Lamps), September 1977,
incorporated by reference in the current version of FMVSS No. 108. This
footnote limits the size of the area of maximum photometric intensity
in a specified portion of the photometric pattern. This requirement was
added to Table VIII in the final rule and now reads, ``A taillamp shall
not exceed the maximum intensity over any area larger than that
generated by a 0.25[deg] radius, within a solid cone angle from
20[deg]L to 20[deg]R and from H to 10[deg]U.''
Table IX Stop Lamp Photometry Requirements
    The alternative photometric intensity requirements for a stop lamp
installed on a motor driven cycle that were included in Table IX in the
NPRM have been relocated to new Table XIII in the final rule. This
relocation means that Footnote 5 is no longer needed in Table IX and it
has been eliminated. Footnote 7 of the NPRM has been redesignated as
Footnote 5 in the final rule.
    Honda, AAM, and Koito all observed an erroneous group minimum
photometric intensity value for 3 lighted sections in group 3. The
correct value is 520 cd instead of the listed 445 cd. This error is
corrected in Table IX of the final rule.
    In Table IX of the NPRM, it was stated that when a stop lamp is
combined with a taillamp, the luminous intensity of the stop signal
must exceed the luminous intensity of the tail signal at each test
point by a certain minimum ratio. This ratio value is common for all
vehicles at all test points with the exception of the test point H-
5L.\33\ Proposed Table IX showed the ratio value at this point as 3/5
\(6)\ and further states at Footnote 6, ``Values preceded by a slash (/
) apply only to lamps installed on multipurpose passenger vehicles,
trucks, trailers, and buses, of 2032 mm or more in overall width.''
Thus, the requirement at the H-5L test point is that the luminous
intensity of the stop lamp exceed the luminous intensity of the
combined taillamp by at least 3 times on multipurpose passenger
vehicles, trucks, trailers, and buses, of 2032 mm or more in overall
width, and by at least 5 times on other applicable vehicles which
includes all passenger cars and motorcycles and all multipurpose
passenger vehicles, trucks, trailers, and buses, less than 2032 mm in
overall width. This discrepancy exists due to the language from which
the ratio requirements are derived. SAE J586 FEB84, Stop Lamps for use
on Motor Vehicles Less Than 2032 mm in Overall Width, incorporated by
reference in the current version of FMVSS No. 108 states in Section
<IP_ADDRESS>, ``When a tail lamp is combined with the stop lamp, the stop
lamp shall not be less than three times the luminous intensity of the
tail lamp at any test point; except that at H-V, H-5L, H-5R, and 5U-V,
the stop lamp shall not be less than five times the luminous intensity
of the tail lamp.'' Similarly, SAE J1398 MAY85, Stop Lamps for use on
Motor Vehicles 2032 mm or More in Overall Width, incorporated by
reference in the current version of FMVSS No. 108, states in Section
<IP_ADDRESS>, ``When a tail lamp is combined with the stop lamp, the stop
lamp shall not be less than three times the luminous intensity of the
tail lamp at any test point; except that at H-V, H-5R, and 5U-V, the
stop lamp shall not be less than five times the luminous intensity of
the tail lamp.'' Thus, the requirements are identical with the
exception of test point

H-5L. By not specifically identifying H-5L as a test point requiring a
5:1 ratio, SAE J1398 MAY85, by default, requires a 3:1 ratio.
---------------------------------------------------------------------------

    \33\ In the final rule we have elected to implement a suggestion
by Calcoast to identify photometric test points consistently in the
photometric requirements tables. We have chosen to list lateral
values in the left column and vertical values in the right column.
Thus the H-5L test point of Table IX of the NPRM appears as test
point 5L-H in the final rule.
---------------------------------------------------------------------------

    SAE J585e, Tail Lamps (Rear Position Lamps), September 1977, also
incorporated by reference in the current version of FMVSS No. 108
(applicable to all vehicles), also contains a ratio requirement.
Footnote 4 to Table 1 of that document states, ``When a tail lamp is
combined with the turn signal lamp or the stop lamp, the signal lamp or
stop lamp shall not be less than three times the candlepower \34\ of
the tail lamp at any test point; except that at H-V, H-5L, H-5R, and
5U-V, the signal lamp or stop lamp shall not be less than five times
the candlepower of the tail lamp.'' Thus, there is a documented
conflict regarding the ratio requirement at the H-5L test point on
combined stop lamps and taillamps used on wide vehicles. We resolved
this in the final rule by maintaining the dual requirements stated in
the NPRM. That is the ratio of stop lamp intensity to taillamp
intensity at that test point remains 3:1 for lamps installed on
multipurpose passenger vehicles, trucks, trailers, and buses, of 2032
mm or more in overall width, and 5:1 for lamps installed on all
passenger cars and motorcycles and all multipurpose passenger vehicles,
trucks, trailers, and buses, less than 2032 mm in overall width.
---------------------------------------------------------------------------

    \34\ The term ``candlepower'' used in this context means the
contemporary unit of measurement used to express the luminous
intensity attribute.
---------------------------------------------------------------------------

    Although we believe there is ample evidence that the 3:1 ratio was
never intended by SAE, to rectify this error at this time would
constitute a substantive change and therefore be beyond the scope of
the FMVSS No. 108 rewrite. We may address this issue in the near
future.
Table X Side Marker Photometry Requirements
    Footnote 1 was revised to be more consistent with paragraph
S<IP_ADDRESS> of the NPRM (paragraph S<IP_ADDRESS> of the final rule) concerning
the widths of vehicles that can use reduced photometric compliance
angles between the front and rear side marker. Footnote 1 now reads,
``Where a side marker lamp installed on a motor vehicle less than 30
feet in overall length and less than 80 inches (2 m) in overall width
has the lateral angle nearest the other required side marker lamp on
the same side of the vehicle reduced from 45[deg] by design as
specified by S<IP_ADDRESS>, the photometric intensity measurement may be
met at the lesser angle.'' The change in width from 2032 mm to 80
inches (2 m) was made to be faithful to Footnote b of SAE J592e,
Clearance, Side Marker, and Identification Lamps, July 1972.
Table XI Clearance and Identification Lamps Photometry Requirements
    Koito and AAM commented that Footnote 3 to Table XI did not include
the limitation on a turn signal lamp combined with a red clearance lamp
as required by SAE J592e, July 1972, Table 1 Footnote ``a'',
incorporated by reference by the current version of FMVSS No. 108. This
is corrected in the final rule.
    Grote believed that the maximum photometric intensity for a red
clearance lamp should be 18 cd. We disagree because SAE J592e, July
1972, incorporated by reference in the current version of FMVSS No.
108, states in Footnote ``a'' to Table 1 that 15 cd is the maximum
allowed for a red clearance lamp.
Table XII Backup Lamp Photometry Requirements
    Guide commented that Footnotes 2 and 3 only apply to groups 1, 2 5,
and 6. We agree. Figure 2, Footnote 1 of the current version of
Standard No. 108 is the source of these requirements and the Guide
assertion is consistent with that figure. We revised Table XII
accordingly in the final rule.
    Guide suggested replacing the phrase ``same or symmetrically
opposite design'' in Footnote 2 of Table XII of the NPRM with the
phrase ``symmetrical beam pattern'' and also replacing the phrase
``differing design'' in Footnote 3 of Table XII with the phrase
``asymmetrical beam pattern'', claiming the terminology of the NPRM is
vague. Guide offered no argument as to why the suggested replacement
phrases would improve understanding. Since the language of the NPRM is
faithful to the current version of FMVSS No. 108, we are not
implementing its suggestion in the final rule.
    We have added the term ``Each Lamp'' after the title ``Two Lamp
Systems'' in Table XII of the final rule to clarify that each lamp of a
two lamp system is to be designed to conform to either the individual
test point photometry requirements or the group photometry
requirements.
Table XIII-a Motorcycle Turn Signal Lamp Alternative Photometry
Requirements
Table XIII-b Motor Driven Cycle Stop Lamp Alternative Photometry
Requirements
    Table XIII of the NPRM, License Plate Lamp Target Locations, has
been redesignated as Figure 19 in the final rule. A new Table XIII has
been created that includes the alternative stop lamp requirements for
motor driven cycles, which were previously part of Table IX in the NPRM
and the optional turn signal requirements for motorcycles noted in
paragraphs S<IP_ADDRESS> and S<IP_ADDRESS> of the NPRM, but not previously
tabularized.
Table XIV Parking Lamp Photometry Requirements
    There were no comments submitted that impacted Table XIV beyond
those previously mentioned.
Table XV High-Mounted Stop Lamp Photometry Requirements
    AAM suggested that Footnote 4 of Table XV be incorporated directly
into the table where the maximum photometric intensity is stated. AAM
offered no arguments to support this request and we can see no
compelling reason to implement it. Table XV appears in the final rule
identical to the NPRM.
Table XVI
    As previously mentioned, Table XVI of the NPRM has been partitioned
into three sections, Table XVI-a, Reflex Reflector Photometry
Requirements, Table XVI-b, Additional Photometry Requirements for
Conspicuity Reflex Reflectors, and Table XVI-c, Retroreflective
Sheeting Photometry Requirements. The content of these tables in the
final rule is identical to that of the NPRM.
Table XVII School Bus Signal Lamp Photometry
    There were no comments submitted that impacted Table XVII.
Table XVIII Headlamp Upper Beam Photometry Requirements
    There were no comments submitted that impacted Table XVIII beyond
those previously mentioned.
Table XIX Headlamp Lower Beam Photometry Requirements
    Table XIX, Headlamp Lower Beam Photometry Requirements, has been
split into Tables XIX-a, XIX-b, and XIX-c in the final rule.
    GE, Honda, AAM, and Koito identified that the maximum photometric
intensity value of 2,500 cd for the 0.5D-1.5L to L test location of a
LB4M beam was inadvertently omitted from Table XIX of the NPRM. We
agree and this value has been added in the final rule.
    Guide suggested a reduction in the lateral limits in the NPRM for
photometry of the 10[deg]U to 90[deg]U glare

area from 90[deg]L to 90[deg]R to 45[deg]L to 45[deg]R but offered no
basis to support this request. Such a revision would be substantive and
beyond the scope of the rewrite, therefore this suggestion was not
pursued in the final rule.
Table XX Motorcycle and Motor Driven Cycle Headlamp Photometry
Requirements
    Honda and Koito identified that the maximum photometric intensity
value of 12,500 cd for the 4D-4R test location for a motor driven cycle
headlamp was inadvertently placed in the minimum intensity column of
Table XX of the NPRM. The value has been placed in the correct location
in the final rule.
    AAM suggested that the column heading shown for lower beam
headlamps be replicated for upper beam headlamps. We agree that doing
so would improve clarity and have incorporated the headings in Table XX
of the final rule.
Table XXI Associated Equipment Physical Test Requirements (Table
eliminated in final rule)
    The recognition that the tabular method of organization did not
work well for lengthy textual requirements provided the rationale for
moving the associated equipment physical test requirements content of
Table XXI of the NPRM to paragraph S14.9 of the regulatory text in the
final rule.
    The substantive issues raised by public comment and the revisions
to associated equipment physical test requirements are discussed under
paragraph S14.9.
    Table XXII Lamp and Reflective Devices Physical Test Requirements
(Table eliminated in final rule)
    The recognition that the tabular method of organization did not
work well for lengthy textual requirements provided the rationale for
moving the lamp and reflective devices physical test requirements
content of Table XXII of the NPRM to paragraphs S14.3, S14.4, and S14.5
of the regulatory text in the final rule.
    The substantive issues raised by public comment and the revisions
to lamp and reflective devices physical test requirements are discussed
under those sections.
Table XXIII Headlamp Physical Test Requirements (Table eliminated in
final rule)
    The recognition that the tabular method of organization did not
work well for lengthy textual requirements provided the rationale for
moving the headlamp physical test requirements content of Table XXIII
of the NPRM to paragraphs S14.6, S14.7, and S14.8 of the regulatory
text in the final rule.
    The substantive issues raised by public comment and the revisions
to headlamp physical test requirements are discussed under those
sections.
Figures
Figures 1 through 12 and 15 through 18
    There were no comments submitted that impacted Figures 1 through 12
or Figures 15 through 18.
Figure 13 Tractor Conspicuity Treatment Examples
    TMA commented that Figure 31 of the current version of FMVSS No.
108, rather than Figure 13 of the NPRM, better illustrated that the
right angle white conspicuity treatment element required on the upper
rear outside corners of truck tractors may not be continuous if cab
mounted hardware makes this impractical. We have revised Figure 13 to
illustrate this condition in the final rule.
Figure 14 92 x 150 mm Headlamp Aim Deflection Test Setup
    GE identified 13 omissions or errors in Figure 14 of the NPRM that
were corrected in the final rule to agree with the source document,
Figure 16 of the current version of FMVSS No. 108.
Figure 15 Types G & H Headlamp Aim Deflection Test Setup
    GE identified an omission in Figure 15 that was corrected to agree
with the source document, Figure 22 of the current version of FMVSS No.
108.
Figure 19 License Plate Lamp Target Locations
    Figure 19, License Plate Lamp Target Locations, was designated as
Table XIII in the NPRM. The supplementary response from the AAM/ASSN
suggested changing it to be a figure. Its purpose is illustrative, so
it is most appropriately designated as a figure.
    AAM requested that the English units of measurement, which were
part of the source drawings, SAE J587 OCT81 Figures 1 and 2, but not
included in Table XIII of the NPRM, be restored. This was done, as
Figure 19 is dimensioned in both metric and English units in the final
rule.
Figure 20 License Plate Lamp Measurement of Incident Light Angle
    AAM requested that Figure 3 of SAE J587 OCT81, License Plate Lamps,
be included to better illustrate the incident light angle requirement
of paragraph S<IP_ADDRESS> of the NPRM. We agree and have included it as
Figure 20, License Plate Lamp Measurement of Incident Light Angle, in
the final rule. It is referenced in paragraph S<IP_ADDRESS> of the final
rule.
Figure 21 Vibration Test Machine
    AAM requested that SAE J577, Vibration Test Machine, April 1964, be
directly incorporated into FMVSS No. 108 rather than to continue to be
incorporated by reference. Figure 1, Vibration Test Machine, and Table
1, Cam Profile Radii, (from SAE J577) were redrawn for the final rule
as Figure 21, Vibration Test Machine.
Figure 22 Flasher Standard Test Circuit
    Figure 22 includes the standard test circuit of SAE J823b, Flasher
Test Equipment, April 1968. The procedures of SAE J823b have also been
incorporated into paragraph S14.9 of the final rule, allowing the
subreference by incorporation of this standard to now be eliminated
from FMVSS No. 108.

IV. The Final Rule

    After careful consideration of public comments on the NPRM, the
agency has decided to publish a final rule to amend 49 CFR Part 564 and
FMVSS No. 108 as discussed below:

A. 49 CFR Part 564

    We are relocating figures addressing sealed beam headlamps that
currently reside in FMVSS No. 108 and SAE J1383 APR85 into a newly
created Appendix C of 49 CFR Part 564. We have listed those specific
figures and where they currently reside in FMVSS No. 108 or SAE J1383
APR85 in the reference document in Appendix C of this notice. In
addition, we are making the applicable changes to the scope and purpose
provisions of Part 564 to account for the newly formed Appendix C.
Unlike Appendices A and B, there will be no further additions to, or
modifications of, the sealed beam headlamp figures in Appendix C.

B. 49 CFR Part 571.108

    We are amending Standard No. 108 by: (1) Reorganizing the
regulatory text so that it provides a more straight-forward and logical
presentation of the applicable regulatory requirements; (2) including
important agency interpretations of the existing requirements; and (3)
reducing reliance on third-party documents incorporated by reference.
This has resulted in additional tables and figures being added to the
standard. In addition, the structure of the standard has been changed
to present the requirements in a more standardized and user-friendly
manner.

V. 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 rewrite of FMVSS No. 108, other than the benefits
associated with a clearer, easier-to-read standard. None of the public
comments identified any instances where the rewritten standard would
have a cost effect. Accordingly, the agency did not conduct a separate
economic analysis for this rulemaking.

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.\35\ These motor vehicle safety standards set the minimum level
of performance for a motor vehicle or motor vehicle equipment to be
considered safe.\36\ When prescribing such standards, the Secretary
must consider all relevant, available motor vehicle safety
information.\37\ The Secretary must also 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.\38\ The
responsibility for promulgation of Federal motor vehicle safety
standards has been delegated to NHTSA. \39\
---------------------------------------------------------------------------

    \35\ 49 U.S.C. 30111(a).
    \36\ 49 U.S.C. 30102(a)(9).
    \37\ 49 U.S.C. 30111(b).
    \38\ Id.
    \39\ 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, in this final
rule, the agency is implementing an administrative rewrite of Standard
No. 108 in order to improve its structure and clarity, without changing
any of its existing substantive requirements. In preparing this final
rule, the agency carefully considered the statutory requirements of 49
U.S.C. Chapter 301.
    First, this final rule reflects the agency's careful consideration
and analysis of all existing regulatory provisions 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 administrative
rewrite does not change any of these existing provisions or the
underlying basis therefore. The final rule also reflects the agency's
consideration of information offered in public comments on the notice
of proposed rulemaking which preceded today's final rule.
    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
final rule are administrative in nature and would not impact the costs
and benefits of the standard. In sum, we believe that this final rule
is practicable, and we expect it to maintain the benefits of Standard
No. 108.
    Third, the 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 final rule modifies 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 final rule meets the need for motor
vehicle safety by clarifying the safety standard, thereby making it
easier for regulated parties to comply with all applicable
requirements. The impacts of the substantive provisions on vehicle
safety were discussed at the time of adoption of those provisions.
    Finally, we believe that this final rule 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 final rule are 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 final rule is appropriate for covered vehicles
that are or 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'', 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
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 V, Benefits and
Costs, this final rule 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 final rule
merely reorganizes and clarifies 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 final rule under the
Regulatory Flexibility Act. I certify that this final rule will not
have a significant economic impact on a substantial number of small
entities. The rationale for this certification is that the present
final rule does not make any substantive changes to this safety
standard, so affected parties will be able to continue current
practices without change. Accordingly, we do not anticipate that this
final rule will have a significant economic impact on a substantial
number of small entities.

D. Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order
13132, ``Federalism'' and concluded that no additional consultation
with States, local governments, or their representatives is mandated
beyond the rulemaking process. The agency has concluded that the rule
does not have Federalism implications, because the rule does not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and the responsibilities among the various levels of government.''
    Further, no consultation is needed to discuss the preemptive effect
of today's rule. NHTSA rules can have preemptive effect in at least two
ways. First, the National Traffic and Motor Vehicle Safety Act contains
an express preemptive provision: ``When a motor vehicle safety standard
is in effect under this chapter, a State or a political subdivision of
a State may prescribe or continue in effect a standard applicable to
the same aspect of performance of a motor vehicle or motor vehicle
equipment only if the standard is identical to the standard prescribed
under this chapter.'' 49 U.S.C. 30102(b)(1).
    In addition to the express preemption noted above, the Supreme
Court has also recognized that State requirements imposed on motor
vehicle manufacturers, including sanctions imposed by State tort law,
can stand as an obstacle to the accomplishment and execution of a NHTSA
safety standard. When such a conflict is discerned, the Supremacy
Clause of the Constitution makes the State requirements unenforceable.
See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    NHTSA does not believe that such conflicts are likely to arise from
today's rulemaking, because this final rule only results in an
administrative rewrite of the existing requirements of FMVSS No. 108.
However, if such a conflict were to become evident, NHTSA may opine on
such conflicts in the future, if warranted. See id. at 883-86.

E. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform,''
requires that Executive agencies make every reasonable effort to ensure
that the regulation: (1) Clearly specifies the preemptive effect; (2)
clearly specifies the effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct, while promoting
simplification and burden reduction; (4) clearly specifies the
retroactive effect, if any; (5) adequately defines key terms; and (6)
addresses other important issues affecting clarity and general
draftsmanship under guidelines issued by the Attorney General. This
document is consistent with that requirement. Pursuant to this Order,
NHTSA notes as follows. The preemptive effect of this rule is discussed
above. NHTSA notes further that there is no requirement that
individuals submit a petition for reconsideration or pursue other
administrative proceeding before filing 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,'' 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 final 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 final
rule does not contain any collection of information 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 final rule does not adopt or reference any new industry or
consensus standards that were not already present in Standard No. 108
(although in several cases, relevant requirements from such standards
are now included directly in the standard, rather than being
incorporated by reference). The agency's statements regarding the
rationale for the use (or non-use) of information from 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 $126 million in 2006 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 final 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 rewrite of Standard No. 108 is expected
to be $0, because it does not change or increase the cost of existing
requirements. 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 http://dms.dot.gov.

List of Subjects in 49 CFR Parts 564 and 571

    Imports, Incorporation by reference, Motor vehicle safety, Motor
vehicles, Report and recordkeeping requirements.

0
In consideration of the foregoing, NHTSA is amending 49 CFR parts 564
and 571 as follows:

PART 564--REPLACEABLE LIGHT SOURCE INFORMATION

0
1. Part 564 is revised to read as follows:

PART 564--REPLACEABLE LIGHT SOURCE AND SEALED BEAM HEADLAMP
INFORMATION

Sec.
564.1 Scope.
564.2 Purposes.
564.3 Applicability.
564.4 Definitions.
564.5 Information filing; agency processing of filings.
Appendix A to Part 564--Information to be Submitted for Replaceable
Light Sources
Appendix B to Part 564--Information to be Submitted for Long Life
Replaceable Light Sources of Limited Definition
Appendix C to Part 564--Information Applicable to Standardized
Sealed Beam Headlamp Units

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation
of authority at 49 CFR 1.50.

Sec.  564.1  Scope.

    This part requires the submission of dimensional, electrical
specification, and marking/designation information as specified in
Appendices A and B of this part, for original equipment replaceable
light sources used in motor vehicle headlighting systems. This part
also serves as a repository for design information as specified in
Appendix C of this part, for original equipment and replacement
standardized sealed beam units used in motor vehicle headlighting
systems.

Sec.  564.2  Purposes.

    The purposes of this part are achieved through its Appendices:
    (a) The purposes of Appendix A of this part are to ensure:
    (1) The availability to replacement light source manufacturers of
the manufacturing specifications of original equipment light sources so
that replacement light sources are interchangeable with original
equipment light sources and provide equivalent performance, and
    (2) That redesigned or newly developed light sources are designated
as distinct, different, and noninterchangeable with previously existing
light sources.
    (b) The purposes of Appendix B of this part are to ensure:
    (1) That original equipment light sources are replaceable and that
replacement light sources provide equivalent performance, and
    (2) That redesigned or newly developed light sources are designated
as distinct, different, and noninterchangeable with previously existing
light sources.
    (c) The purpose of Appendix C of this part is to ensure the
availability to original equipment and replacement sealed beam headlamp
manufacturers of the manufacturing specifications of standardized
sealed beam headlamp units used on motor vehicles so that all sealed
beam headlamp units of a specific type are interchangeable with all
other units of that same type and provide equivalent performance.

Sec.  564.3  Applicability.

    This part applies to replaceable light sources used as original
equipment, and standardized sealed beam headlamp units used as original
equipment and replacement equipment in motor vehicle headlighting
systems.

Sec.  564.4  Definitions.

    All terms defined in the Act and the regulations and standards
issued under its authority are used as defined therein.

Sec.  564.5  Information filing; agency processing of filings.

    (a) Each manufacturer of a motor vehicle, original equipment
headlamp, or original equipment headlamp replaceable light source,
which intends to manufacture a replaceable light

source as original equipment or to incorporate a replaceable light
source in its headlamps or motor vehicles, shall furnish the
information specified in Appendix A. If the rated laboratory life of
the light source is not less than 2,000 hours, the manufacturer shall
furnish the information specified in either Appendix A or Appendix B of
this part. Information shall be furnished to: Associate Administrator
for Rulemaking, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590 Attention:
Part 564-Replaceable Light Source Information (unless the Agency has
already filed such information in Docket No. NHTSA 98-3397).
    (b) The manufacturer shall submit such information not later than
60 days before it intends to begin manufacture of the replaceable light
source to which the information applies, or to incorporate the light
source into a headlamp, or to incorporate the light source into a motor
vehicle of its manufacture. Each submission shall consist of one
original set of information and ten legible reproduced copies, all on
8\1/2\ by 11-inch paper.
    (c) The Associate Administrator promptly reviews each submission
and informs the manufacturer not later than 30 days after its receipt
whether the submission has been accepted. Upon acceptance, the
Associate Administrator files the information in Docket No. NHTSA 98-
3397. The Associate Administrator does not accept any submission that
does not contain all the information specified in Appendix A or
Appendix B of this part, or whose accompanying information indicates
that any new light source which is the subject of a submission is
interchangeable with any replaceable light source for which the agency
has previously filed information in Docket No. NHTSA 98-3397.
    (d) A manufacturer may request modification of a light source for
which information has previously been filed in Docket No. NHTSA 98-
3397, and the submission shall be processed in the manner provided by
Sec.  564.5(c). A request for modification shall contain the following:
    (1) All the information specified in Appendix A or Appendix B of
this part that is relevant to the modification requested,
    (2) The reason for the requested modification,
    (3) A statement that the use of the light source as modified will
not create a noncompliance with any requirement of Federal Motor
Vehicle Safety Standard No. 108 (49 CFR 571.108) when used to replace
an unmodified light source in a headlamp certified by its manufacturer
as conforming to all applicable Federal motor vehicle safety standards,
together with reasons in support of the statement; and
    (4) Information demonstrating that the modification would not
adversely affect interchangeability with the original light source.
    After review of the request for modification, the Associate
Administrator may seek further information either from the manufacturer
or through a notice published in the Federal Register requesting
comment on whether a modified light source incorporating the changes
requested will create a noncompliance with Federal Motor Vehicle Safety
Standard No. 108 when substituted for an unmodified light source. If
the Associate Administrator seeks public comment on a submission (s)he
shall publish a notice stating whether (s)he has accepted or rejected
the submission. If a submission is accepted, the Associate
Administrator files the information in Docket No. NHTSA 98-3397. If a
submission is rejected, a manufacturer may submit information with
respect to it, as provides in paragraph 564.5(a), for consideration as
a new light source after such changes as will insure that it is not
interchangeable with the light source for which modification was
originally requested.
    (e) Information submitted under this section is made available by
NHTSA for public inspection as soon as practicable after its receipt,
but not later than the date on which a vehicle equipped with a new or
revised replaceable light source is offered for sale.

Appendix A to Part 564--Information to be Submitted for Replaceable
Light Sources

I. Filament or Discharge Arc Position Dimensions and Tolerances
Using Either Direct Filament or Discharge Arc Dimensions or the
Three Dimensional Filament or Discharge Arc Tolerance Box

    A. Lower beam filament dimensions or filament tolerance box
dimensions and relation of these to the bulb base reference plane
and centerline.
    1. Axial location of the filament centerline or the filament
tolerance box relative to the bulb base reference plane.
    2. Vertical location of the filament centerline or the filament
tolerance box relative to the bulb base centerline.
    3. Transverse location of the filament centerline or the
filament tolerance box relative to the bulb base centerline.
    4. Filament tolerance box dimensions, if used.
    B. Upper beam filament dimensions or the filament tolerance box
dimensions, and relation of these to the bulb base reference plane
and centerline.
    1. Axial location of the filament centerline or the filament
tolerance box relative to the bulb base reference plane.
    2. Vertical location of the filament centerline or the filament