Chrysler Corp. v. Department of Transp.
| Decision Date | 07 May 1975 |
| Docket Number | No. 74-1666,74-1666 |
| Citation | 515 F.2d 1053 |
| Parties | CHRYSLER CORPORATION, Petitioner, v. DEPARTMENT OF TRANSPORTATION et al., Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Victor C. Tomlinson, Michael W. Grice, Thomas P. Donohue, Chrysler Corp., Detroit, Mich., Victor E. DeMarco, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for petitioner.
William B. Saxbe, U. S. Atty. Gen., Dept. of Justice, Washington, D. C., James B. Gregory, Administrator, National Highway Traffic Safety Administration, Dept. of Transportation, Washington, D. C., Robert Kopp, Barbara Herwig, Dept. of Justice, Donald Etra, Washington, D. C., for respondent.
Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and RUBIN, District Judge. *
Chrysler Corporation has petitioned this court for review of an order of the National Highway Traffic Safety Administration (NHTSA). The order in question amended Federal Motor Vehicle Safety Standard No. 108, 49 C.F.R. § 571.108, to permit the use of rectangular headlamps of specified dimensions in motor vehicles manufactured between January 1, 1974 and September 1, 1976. Chrysler generally favors the option to depart from the conventional circular headlamp shape but challenges the dimensional restriction and the time limitation. For the reasons set forth below, we conclude that Chrysler's petition must be denied.
Under the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. § 1381 et seq., the NHTSA is authorized to establish minimum safety standards for the performance of motor vehicles and motor vehicle equipment. Standard No. 108 generally covers lamps, reflective devices, and associated equipment. Before adoption of the amendment that is being challenged here, Standard No. 108 permitted only two headlamp systems: (1) a two-lamp system composed of two circular lamps, 7 inches in diameter, capable of producing two beams, and (2) a four-lamp system, capable of producing two beams, composed of two circular, single-filament lamps, 53/4 inches in diameter, and two circular, dual-filament lamps, 53/4 inches in diameter.
For some time General Motors Corporation had been involved in a development program for rectangular headlamps. In late 1972, General Motors petitioned the NHTSA to amend Standard No. 108 to permit the use of rectangular headlamps. The petition proposed lamp dimensions of approximately 61/2 inches by 4 inches.
On June 8, 1973, the NHTSA, in response to General Motors' petition, published Notice 5, which proposed an amendment to Standard No. 108 and invited comments. Under Notice 5, manufacturers would be given the option to use rectangular headlamps measuring approximately 61/2 inches by 4 inches in the four-lamp system described above. The NHTSA explained the proposed amendment as follows:
Where there is an equivalency of photometric output between headlamps with circular and rectangular lenses, the NHTSA has no evidence that one shape is superior to another.
The rectangular shape in various sizes has been used extensively in Europe during the last 10 years, and a number of foreign manufacturers selling vehicles in the United States have had to redesign their front ends so that round headlamps can be installed to meet standard No. 108. Allowing an alternate headlamp shape would relieve a design restriction imposed by standard No. 108, and permit manufacturers such as General Motors greater styling latitude in meeting front lighting performance requirements. Balanced against greater design freedom, however, is the safety consideration that there should not be such a proliferation of headlamp shapes and sizes that the motorist who has an immediate need to replace a headlamp has difficulty in finding one. Thus GM's suggestion that all dimensional requirements be eliminated has not been found to have merit.
In consideration of these factors, the NHTSA is proposing the specific headlamp dimension that GM discussed in its petition (a lens approximately 61/2 in. by 4 in.). At this time, the agency's intent is to decide on one size for rectangular lenses, although it is possible that other manufacturers may have under development rectangular systems of different dimensions. Should comments indicate that this is the case, and that the proposed dimensions are inappropriate for these other systems, the NHTSA will review the matter carefully in reaching a decision whether to proceed with or to terminate rule-making action on this subject. 38 Fed.Reg. 15082 (1973).
Notice 5 gave no indication that the rectangular headlamp option would be available only for a limited time. In fact, the proposed effective date of the amendment was to be 30 days after final adoption rather than 180 days, as the Act requires in most circumstances. 1
A number of comments were filed in response to Notice 5, and on November 30, 1973, the NHTSA published Notice 7, which formally adopted the option to use in the four-lamp system rectangular headlamps of essentially the dimensions specified in Notice 5. However, the amendment as adopted made the new option applicable only to vehicles manufactured between January 1, 1974 and September 1, 1976. Notice 7 explained the time limitation as follows:
These amendments to Standard No. 108 represent an interim rather than a final decision on the issues of rectangular headlamps and appropriate dimensions. During 1974 and 1975 NHTSA expects the world motor vehicle industry, through international standards organizations and regular trade and professional associations, to arrive, if possible, at a consensus for one set of requirements, including dimensions for rectangular headlamps. Late in 1975, the NHTSA intends to announce its final decision on the matter: whether to remain with the requirements and dimensions adopted in this notice, to propose and adopt others, or to revoke the option. The agency at this point is not committing itself either to adopt any consensus dimensions or to perpetuate the ones desired by General Motors, though the field experience with such lamps over the next two years may be expected to have some influence in the final decision. Adoption of these optional dimensions by a manufacturer during this interim period is at his own risk, and the cost of changing over from interim to permanent dimensions, if different, in 1977 model year tooling will not be considered a material factor in the decision on permanent dimensions.
It is planned that the interim amendment will be in effect through August 31, 1976, and that no petitions will be entertained for variant headlamp dimensions or system configurations before the end of that period, to avoid multiplying stock items and disrupting supply channels. 38 Fed.Reg. 33085 (1973).
Finally, Notice 7 provided that the amendment would become effective on January 1, 1974 for the following reason:
Because the amendment creates an optional system without imposing new mandatory requirements on any person it is found for good cause shown that an effective date earlier than 180 days after the issuance of the amendment is in the public interest. 38 Fed.Reg. 33086 (1973).
On December 21, 1973, Chrysler petitioned the NHTSA for reconsideration of the amendment to Standard No. 108. Chrysler argued that the time limitation was unreasonable, impracticable, and unrelated to motor vehicle safety and therefore was invalid under the Act. In April 1974, the NHTSA issued Notice 8 denying Chrysler's petition and further explaining the rationale underlying the time limitation:
The purpose of the time limit is to provide an interim period in which rectangular headlamps can be judged on their merits, and in which a world-wide consensus can be obtained as to a single set of dimensions for them. A rulemaking action which has as its goals the evaluation of a safety-related vehicle system within a specified time interval meets the need for motor vehicle safety. While it is true that the option termination date was not included in the NPRM (Notice 5), the NHTSA finds that adequate safeguards have been provided by the announcement in Notice 7 that it will make a final decision late in 1975 on the subject. If the decision is to terminate the option, that decision will be the subject of a rulemaking action, and an opportunity afforded for comment. An important consideration is the possibility that on September 1, 1976, a different set of dimensions may become effective. The time limit is designed to facilitate planning, by placing the industry on notice of the interval within which the NHTSA will act on the issue. The NHTSA deemed this course of action preferable to an open-ended amendment. 39 Fed.Reg. 14210 (1974).
As provided by 15 U.S.C. § 1394(a)(1), Chrysler has now petitioned this court for review of the amendment to Standard No. 108.
The Motor Vehicle Safety Act sets forth a number of substantive requirements that each safety standard must meet. For example, the Act defines safety standard as "a minimum standard for motor vehicle performance, or motor vehicle equipment performance, which is practicable, which meets the need for motor vehicle safety and which provides objective criteria." 15 U.S.C. § 1391(2). This definition is reinforced by another section providing that each "standard shall be practicable, shall meet the need for motor vehicle safety, and shall be stated in objective terms." 15 U.S.C. § 1392(a). Moreover, in prescribing safety standards, the NHTSA must consider whether the standard is "reasonable, practicable and appropriate for the particular type of motor vehicle or item of motor vehicle equipment for which it is prescribed," and it must consider the extent to which the standard will contribute to carrying out the purposes of the Act. 15 U.S.C. § 1392(f)(3)-(4).
In addition to these substantive criteria, safety standards also must meet certain procedural requirements. For example, the Administrative Procedure Act (APA) applies to all NHTSA orders...
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