On August 28, 2008 the National Highway Traffic Safety Administration (NHTSA) announced its decision [Docket No. NHTSA-2007-28322; Notice 2], to delay the effective date for the reorganization of FMVSS 108 - Lamps, Reflective Devices, and Associated Equipment and Part 564 - Replacement Light Source Information, from September 1, 2008 to December 1, 2009.
On December 4, 2007 NHTSA published a Final Rule [72 FR 68234] reorganizing the lighting standard to a more straight forward and logical presentation. NHTSA reorganized the regulatory text and directly imported requirements from applicable SAE standards previously incorporated by reference into the regulatory text.
In doing so, the agency decided to make some changes from the Notice of Proposed Rulemaking (NPRM), including modifying the organizational structure of the standard, relocating test procedures and performance requirements from attached tables to the regulatory text, and incorporating the substance of several additional interpretations into the standard. In addition, three SAE documents that the agency had proposed to continue to be incorporated by reference in the NPRM were integrated into the regulatory text, and the location of marking requirements within the standard were further consolidated.
Following publication of the Final Rule the Agency received fifteen petitions for reconsideration. Most of the petitioners raised concerns that the reorganization imposed new requirements. Two petitioners requested a delay in effective date.
NHTSA's consideration of the petitions has not yet concluded. Given the imminence of the original effective date, the Agency determined that it was appropriate to partially respond to the petitions concerning the September 1, 2008 effective date. NHTSA believes that delaying the effective date is appropriate due to the impact on compliance documentation as a result of the revised requirements. The other issues raised in the petitions will be addressed in a separate document.
NHTSA expects that all other issues raised in the petitions will be fully addressed prior to the new December 1, 2009 effective date. In the event, however, that these issues have not been resolved, all affected manufacturers will be required to meet the new requirements. Effective dates of agency Final Rules are not stayed due to outstanding petitions for reconsideration of those rules.
Optional early compliance continues to be permitted. Any Petitions for Reconsideration must be received by NHTSA not later than October 14, 2008.