[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Notices]
[Pages 19168-19169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10123]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-028; Notice 1]


Hella K.G., Hueck & Co.; Receipt of Application for Decision of 
Inconsequential Noncompliance

    Hella K.G., Hueck & Co. (Hella) has determined that some of its 
headlamps designed for Van Hool buses of Belgium fail to conform to the 
headlamp marking requirements of 49 CFR 571.108, Federal Motor Vehicle 
Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and 
Associated Equipment, and has filed an appropriate report pursuant to 
49 CFR Part 573, ``Defect and Noncompliance Reports.'' Hella has also 
applied to be exempted from the notification and remedy requirements of 
49 U.S.C. Chapter 301--Motor Vehicle Safety'' on the basis that the 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 CFR 
Part 556 and does not represent any agency decision or other exercise 
of judgment concerning the merits of the application.
    Paragraph S.7.5(g) of FMVSS No. 108 requires that the lens of each 
replaceable bulb headlamp shall bear permanent marking in front of each 
replaceable light source with which it is equipped that states the HB 
Type, if the light source is designed to conform to specified 
subparagraphs.
    Hella's description of the inconsequential noncompliance follows:

    ``VAN HOOL buses of Belgium designed a new bus (T9) which is 
intended to be exported to the U.S.A. HELLA K.G. in Germany designed 
and manufactured the US-type headlamps but inadvertently exchanged 
the required bulb designation on the headlamp's lens so that an ``HB 
3'' marking appears in front of the HB 4 reflector area--and vice 
versa. The total manufacturing of these headlamps has been done in 
1996 in advance of a two years need for the intended export of the 
buses. Today, only a few buses for expositions for vehicle shows has 
been exported to the U.S.A. About [a] hundred headlamps are still on 
stock at HELLA, VAN HOOL or HELLA's representative in Belgium.''
    Hella supports its application for inconsequential noncompliance 
with the following:
    ``Federal Motor Vehicle Safety Standard No. 108 (FMVSS 108) 
requires in Section S.7.5(g) that the relevant light source 
designation has to be marked on the lens in front of the headlamps 
reflector area. This is the case but the marking does not appear at 
the correct location. We [Hella] do not see any violation of highway 
safety because the bulb and socket system have indexing features 
that prevent a misuse or wrong insertion into a headlamp where the 
bulb is not designed to be used for. So, only some kind of 
irritation may occur whenever a bulb has to [be] replaced. Another 
important aspect will be that the relevant vehicles are not sold to 
a random experienced motorist but only to professionals and the 
service of the bus will also be done by an experienced staff.
    ``VAN HOOL's representative in the U.S.A.: Distributor, ABC 
Coach Inc.,7469 West Highway, Winter Garden, FL 32787 USA, will be 
informed about this case. The total number of buses involved will be 
300 within the next two years.
    ``In November 1996 and December 1996 each two vehicles are 
already delivered. The next scheduled delivery will be in April 1997 
(13 buses).

[[Page 19169]]

    ``Remedy action: A warning label on the back of the headlamp 
housing near the bulbs indicates the correct bulb type designation 
to be used. (A retooling or labeling of the lens with the proper 
markings will cause the headlamp photometry to fail in terms of 
photometric performance.)''

    Interested persons are invited to submit written data, views, and 
arguments on the application of Van Hool, described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW, Washington, D.C., 20590. It is requested but not required 
that six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: May 19, 1997.

(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: April 15, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-10123 Filed 4-17-97; 8:45 am]
BILLING CODE 4910-59-P