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Federal Register / Vol. 67, No.

218 / Tuesday, November 12, 2002 / Proposed Rules 68551

Public Health Service Policy on determination is consistent with Federal 1825.103 Exceptions.
Humane Care and Use of Laboratory Acquisition Regulation policy and the (a) * * *
Animals, Office of Laboratory Animal Department of Defense policy with (iii) The Assistant Administrator for
Welfare, Office for Extramural Research, regard to the treatment of U.S.-made end Procurement has determined that for
NIH (revised September 1986). products. procurements subject to the Trade
Note: This policy is subject to change, This proposed rule implements the Agreements Act, it would be
and interested persons should contact September 13, 2002, determination. inconsistent with the public interest to
the Office of Laboratory Animal This proposed rule will simplify apply the Buy American Act to U.S.-
Welfare, Office for Extramural Research, evaluation of offers in acquisitions made end products that are
NIH, Rockledge 1, 6705 Rockledge subject to the Trade Agreements Act, substantially transformed in the United
Drive, Bethesda, Maryland 20817, because it will no longer be necessary to States.
telephone 301–594–2382 (not a toll-free determine if a U.S.-made end product is
1825.1101 [Amended] (NASA supplements
number) to obtain references to the also a domestic end product, i.e., the paragraph (c)(1))
current version and any amendments.) cost of domestic components exceeds
3. Amend section 1825.1101 by
[FR Doc. 02–28292 Filed 11–8–02; 8:45 am] the cost of all components by more than
adding paragraph (c)(1) to read as
BILLING CODE 4140–01–P 50 percent.
This proposed rule is not subject to
Office of Management and Budget 1825.1101 Acquisition of supplies.
NATIONAL AERONAUTICS AND review under Executive Order 12866, (c)(1) NASA has determined that the
SPACE ADMINISTRATION dated September 30, 1993. restrictions of the Buy American Act are
B. Regulatory Flexibility Act not applicable to U.S.-made end
48 CFR Part 1825 products.
This proposed rule is not expected to * * * * *
RIN 2700–AC33 have a significant economic impact on
[FR Doc. 02–28542 Filed 11–8–02; 8:45 am]
a substantial number of small entities
Trade Agreements Act—Exception for BILLING CODE 7510–01–P
with the meaning of the Regulatory
U.S.-Made End Products
Flexibility Act, 5 U.S.C. 601, et seq.,
AGENCY: National Aeronautics and because NASA has few acquisitions
Space Administration. subject to the Trade Agreements Act in DEPARTMENT OF TRANSPORTATION
ACTION: Proposed rule. which small businesses proposing
National Highway Traffic Safety
domestic end products have received a
SUMMARY: NASA is proposing to amend percent price evaluation preference over
the NASA FAR Supplement (NFS) to offers of U.S.-made end products for
49 CFR Part 571
implement the determination of the which the cost of foreign components
Assistant Administrator for exceeds the cost of domestic Denial of Petition for Rulemaking;
Procurement that, for procurements components by 50 percent or more. Federal Motor Vehicle Safety
subject to the Trade Agreements Act, it Standards
C. Paperwork Reduction Act
would be inconsistent with the public
interest to apply the Buy American Act The Paperwork Reduction Act does AGENCY: National Highway Traffic
for U.S.-made end products that are not apply because the changes do not Safety Administration (NHTSA),
substantially transformed in the United impose any new recordkeeping or Department of Transportation.
States. information collection requirements ACTION: Denial of petition for
DATES: Comments should be submitted which require the approval of the Office rulemaking.
on or before January 13, 2003. of Management and Budget under 44
U.S.C. 3501, et seq. This proposed rule SUMMARY: This document denies the
ADDRESSES: Interested parties should petition submitted by Valeo, an
submit written comments to Patrick would eliminate the requirement for
offerors to track and document the automotive lighting company in
Flynn, NASA Headquarters, Office of Bobigny, France, to amend Federal
Procurement, Contract Management origin of components of U.S.-made end
products in acquisitions subject to the Motor Vehicle Safety Standard (FMVSS)
Division (Code HK), Washington, DC No. 108, ‘‘Lamps, Reflective Devices,
20546. Comments may also be Trade Agreements Act in order to
comply with the FAR. and Associated Equipment,’’ to allow
submitted by e-mail to headlamps with upper beam List of Subjects in 48 CFR Part 1825 contributors to have horizontal and
FOR FURTHER INFORMATION CONTACT: Government procurement. vertical aiming capabilities that are
Patrick Flynn, (202) 358–0460; e-mail: separate from the lower beam Tom Luedtke, contributors.
Assistant Administrator for Procurement.
Accordingly, 48 CFR part 1825 is Chris Flanigan, Office of Rulemaking,
A. Background amended as follows: NHTSA, 400 Seventh Street, SW.,
On September 13, 2002, the Assistant 1. The authority citation for 48 CFR Washington, DC 20590. Mr. Flanigan’s
Administrator for Procurement Part 1825 continues to read as follows: telephone number is: (202) 366–4918.
determined that, for procurements His facsimile number is (202) 366–4329.
Authority: 42 U.S.C. 2473(c)(1)
subject to the Trade Agreements Act, it SUPPLEMENTARY INFORMATION: By a letter
would be inconsistent with the public PART 1825—FOREIGN ACQUISITION dated March 2, 2000, Valeo petitioned
interest to apply the Buy American Act the agency to allow visually/optically
to U.S.-made end products that are 1825.103 [Amended] aimable (VOA) headlamps that have
substantially transformed in the United 2. Amend section 1825.103 by adding upper beam contributors optically
Sates. The September 13, 2002, paragraph (a)(iii) to read as follows: combined with lower beam

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68552 Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Proposed Rules

contributor(s) to have their own four aiming pad patterns on the lens for intended for use only in the U.S. market
horizontal and vertical aiming mechanical aiming. These patterns need only have the vertical one.
mechanisms. None of these upper beam consist of three raised aiming pads
Petitioner’s Rationale
contributor(s) would be a lower beam arranged as a triangle at specified points
contributor. Additionally Valeo stated on the lens that create a precise Valeo asserted that the rationale for
that the light-emitting surface of each of interface between the headlamp and a the current requirements was derived in
these upper beam contributors would be mechanical aiming device attached to the 1980s when headlamps with
marked ‘‘VO.’’ the headlamp during the aiming replaceable light sources were first
Currently, paragraphs S7.8.5.3(5)(c) verification process. The mechanical introduced into Federal regulations. At
and (d) of FMVSS No. 108 require that, aiming device provides information so that time, headlamps were not as large
if the upper beam is combined in a that the aiming planes of the headlamps as today. Because the majority of these
headlamp with a lower beam, the on each side of the vehicle can be lamps had a flat, rectangular
vertical and horizontal aim shall not be adjusted to be parallel with each other appearance, there were few aspect-
changed from the aim set using the and perpendicular to the road surface. related issues. However, today’s
procedures set forth for aiming of the Because a headlamp’s beam pattern is headlamps have many cavities and are
lower beam. The effect of this designed to be correctly aimed when the more contoured to the shape of the
requirement is that, as with previous aiming plane is oriented as stated, the vehicle body. They also can have
headlamps that have both a lower and beam pattern can be accurately and somewhat vertical shapes. Because of
upper beam, aiming the lower beam repeatably aimed without the need for these characteristics, the orientation of
simultaneously aims the upper beam. illuminating the headlamp. the upper and lower beam contributors
As such, the complex headlamp is as becomes more critical to the appearance
With the advent of replaceable bulb
easy to aim as a simple one. This of the vehicle. On the VOA lamps Valeo
headlamps in 1983, restrictions on the
promotes correct aim to improve seeing, is contemplating, the cavities producing
size and shape of headlamps were no
while minimizing glare. the lower beam have vertical aiming
longer required. While two additional
capability. However, they would have
Background configurations of mechanical aiming
no horizontal aiming capability unless it
Proper aim is required to ensure that pads were permitted, not all headlamp
is of the VHAD type. When the vertical
headlamps installed on motor vehicles designs could accommodate them. In
aim on the lower beam is adjusted,
fulfill the safety functions required by response to this problem, the agency has
unsightly gaps can be generated in the
Federal law. There are three principal allowed vehicle headlamp aiming
area between the headlamp housing and
methods of aiming headlamps. The first devices (VHAD) since June 8, 1989.
the vehicle body. By adding a separate
is visual and is done by projecting the VHAD is an alternative method of
aiming mechanism for the upper beam,
beam onto a vertical surface and then mechanical aim that is not dependent
these gaps could be eliminated.
adjusting the headlamp to an upon an externally applied mechanical Valeo stated that these additional
appropriate position. An observer device. It is accomplished by aiming mechanisms on the upper beam
determines this position. The second is mechanical aiming equipment on the would not modify the accuracy of the
optical and is done by projecting the vehicle itself. aim of the lower beam function. Further,
beam into an optical device that is As a consequence, the vehicle it would not modify the accuracy of the
placed in front of the headlamp and industry requested that the agency allow aim of the upper beam if lower and
then adjusting the headlamp until the VOA headlamps, provided that upper beam contributors can be
beam conforms to the appropriate significant visual cues in the beam illuminated separately. Separate
parameters. Lamps utilizing these two pattern were added to assure accuracy. illumination allows the ‘‘hot spot’’ of
methods are termed visual/optical aim Subsequently, VOA headlamps became both the upper and lower beam
(VOA) headlamps. part of FMVSS No. 108, and headlamps contributors to be placed at the HV
The third method of aim is meeting new beam pattern photometric point.
mechanical and is done without requirements were developed. These Valeo stated that another merit of its
activation of the headlamp. In this case, headlamps have a beam pattern that is petition is that of international
the proper aim is determined through relatively insensitive to modest harmonization. European regulations do
the use of mechanical equipment, either horizontal misaim. VOA headlamps not preclude separate upper and lower
external to the headlamp housing or were allowed based on comments to the beam aiming mechanisms. If the
provided as part of the headlamp. agency that vehicles could be built with petition was granted and FMVSS No.
External mechanical aim was such close tolerances that no horizontal 108 amended, it would then be possible
introduced in 1955 by the automotive aim adjustment was necessary. for manufacturers to produce only one
industry in response to aiming concerns Additionally, no useful visual cue for category of headlamp for the whole
expressed by the States. These concerns horizontal aiming exists. Consequently, world market resulting in substantial
were related to the inability of the first because no visual cue was available for savings for manufacturers in both
two methods to provide accurate and the purpose of horizontal aiming, the tooling costs and manufacturing
repeatably correct aim at that time. agency did not permit any horizontal organization.
The ability of motor vehicle movement of VOA headlamps. The
headlamps to be mechanically aimed lamp is essentially correctly aimed, Agency Analysis
has been a requirement of FMVSS No. horizontally, as installed. As an As part of the justification for
108 from its effective date of January 1, alternative, horizontal-aiming VHADs amendments allowing VOA headlamps
1968. Mechanical aiming was necessary were permitted on VOA headlamps to in 1996, vehicle manufacturers
because accurate and reliable visual or meet European specifications that indicated that they needed no
optical aim of the lower beam pattern in require both a horizontal and vertical horizontal aim adjustment because of
use in the United States at that time was aim adjustment. Thus, to be sold in both the present accuracy of vehicle
difficult to achieve. Sealed beam the European and U.S. markets, a assembly and headlamp positioning on
headlamps, the only type permitted headlamp needs both a horizontal and the assembly line. Because of this, and
until 1983, are required to have one of vertical aiming screw. A VOA headlamp the fact that no reliable scientific

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Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Proposed Rules 68553

method of achieving horizontal VOA recently used a similar rationale to deny protocol for requests for tissue specimen
has been determined, two major changes a petition from Federal-Mogul Lighting samples from the NMMTB.
were made to FMVSS No. 108 relating Products (Federal-Mogul) (66 FR 42985). DATES: Comments must be received by
to VOA headlamps: (1) The beam was Federal-Mogul petitioned to amend 5 p.m. EST on December 12, 2002.
made to be much wider and much less FMVSS No. 108 to allow headlamps that Comments transmitted via e-mail will
sensitive to horizontal misaim and, (2) are aimed visually or optically to have not be accepted.
no horizontal aiming screws or a horizontal adjuster system that does ADDRESSES: Submit your comment(s) to
mechanisms other than a horizontal not have the required ±2.5 degree Marine Mammal Health and Stranding
VHAD were permitted. Valeo needs horizontal adjustment range or the Response Program (MMHSRP), Program
separate aim adjustments to be VHAD indicator required by the Manager, NOAA, NMFS, Office of
incorporated for the upper beam standard. In addition, the agency does Protected Resources, 1315 East-West
contributors to maintain a uniform gap not expect to give up the value that Highway, Silver Spring, MD 20910–
around the headlamp housing. As a simultaneous beam aim provides. The 3282. Comments may also be sent via
consequence, it has petitioned to amend agency believes that having simply facsimile (fax) to 301–713–0376. To
the standard to allow the upper beams aimed headlamps generally promotes submit e-Comments (see SUPPLEMENTARY
to have their own horizontal and more correctly aimed headlamps in the INFORMATION.)
vertical aiming capabilities. In addition, field. This is especially important, given FOR FURTHER INFORMATION CONTACT: Dr.
to make the consumer aware of these the low incidence of periodic headlamp
additional aiming systems, Valeo Teri Rowles, Marine Mammal Health
aim inspection in the United States and and Stranding Response Program, 301–
recommended that the light emitting the likely lower level of experience of
surface of each upper beam contributor 713–2322 ext 178.
the service and inspection technicians
and the public.
In 1996, a Regulatory Negotiation In accordance with 49 CFR part 552, E-Comments Pilot Program
Committee that included representatives the agency has reviewed the petition
of foreign manufacturers worked with NMFS encourages the public to
and concluded that it should not be participate in this proposed rulemaking
the agency over many months to achieve granted. Accordingly, it denies Valeo’s
a consensus on all issues and the by submitting comments. To this end,
petition. NMFS is accepting comments by
specific text of the amendment to
FMVSS No. 108 to allow VOA (49 U.S.C. 30118(d) and 30120(h); submitted mail, fax, and the Internet as
delegations of authority at 49 CFR 1.50 and part of its e-Comments pilot project (see
headlamps. Because the present aiming
501.8) ADDRESSES). The e-Comments pilot
requirements, as applied to VOA, were
Issued on October 31, 2002. project is designed to introduce
part of that consensus agreement, the
agency is reluctant to change these Stephen R. Kratzke, electronic rulemaking to NMFS an its
requirements, absent a compelling Associate Administrator for Rulemaking. constituents. The public is encouraged
safety reason to do so. [FR Doc. 02–28558 Filed 11–8–02; 8:45 am] to use the new web site to compose and
During the negotiated rulemaking, all BILLING CODE 4910–59–P submit comments on this proposed rule
of the vehicle manufacturers and the associated supporting
represented on the committee stated documents to help NMFS fully evaluate
that they were capable of building this new technology. In submitting
vehicles as accurately as needed to comments, please include your name
install VOA headlamps. However, this National Oceanic and Atmospheric and address, indicate if you are
degree of precision in assembly adds Administration commenting on the proposed rule or
cost. other rulemaking documents, and give
Valeo’s petition is based on two 50 CFR Part 216 the reason for each comment. If you are
rationales. The first is a desire to have commenting on the proposed rule,
an aesthetically pleasing headlamp by [Docket No. 021017237–2237–01; I.D. indicate to which specific section each
overcoming inaccuracies in the design 090302F] comment applies. NMFS also invites
and assembly of motor vehicles such public comments on the e-Comments
RIN 0648–AQ51
that the headlamp housing may be program that allows you to submit your
purposefully misaimed, within a certain Protocol for Access to Tissue comments on line. NMFS will consider
range, to help assure the desired Specimen Samples from the National all comments received during the
visually symmetric size of the gap Marine Mammal Tissue Bank comment period, regardless of how they
between the vehicle body and the were submitted, and NMFS may make
headlamp or between the headlamp AGENCY: National Marine Fisheries changes in the final rule in
reflector and the surrounding headlamp Service (NMFS), National Oceanic and consideration of them. Please submit
housing. The second is to achieve Atmospheric Administration (NOAA), your comments by only one means.
harmonization with European Commerce. Comments received from the public will
standards. ACTION: Proposed rule. become part of the public record and
Given Valeo’s, as well as other will be posted on the e-Comments web
manufacturers’, desire for alternative SUMMARY: The NMFS proposes to make site
aiming systems, the agency believes it is available tissue specimen samples to the index.shtml after the comment period
incumbent on Valeo and the industry to scientific community for research that is closes.
develop a single, objective method for consistent with the goals of the National
vertical and horizontal aiming all VOA Marine Mammal Tissue Bank (NMMTB) Electronic Access
headlamps which could be incorporated and the Marine Mammal Health and Several of the background documents
into FMVSS No. 108. The agency does Stranding Response Program for the MMHSRP and the NMMTB
not intend to assess individual (MMHSRP). The intent of this proposed Specimen Access Policy can be
manufacturer’s petitions for alternatives rule is to allow the scientific community downloaded from the Health and
to the current requirements. The agency the opportunity to comment on the Stranding Response Program web site at

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