[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Pages 47108-47109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23509]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-028; Notice 2]


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

    This notice grants the application by Hella K.G., Hueck & Company 
(Hella) to be exempt from the notification and remedy requirements of 
49 U.S.C. 30118(d) and 30120(h) for noncompliance with 49 CFR 571.108, 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ``Lamps, 
Reflective Devices and Associated equipment.'' The basis of the 
application is that the noncompliance is inconsequential to motor 
vehicle safety.
    Notice of receipt of the application was published in the Federal 
Register on April 18, 1997, requesting comments on Hella's application, 
with a 30-day comment period (62 FR 19168). No comments were received 
on the Notice.
    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

[[Page 47109]]

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).
    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.)

Discussion and Decision

    The National Highway Traffic Safety Administration (NHTSA) concurs 
with the Hella statements that the HB3 and HB4 bulb socket systems have 
indexing features (a key system) that prevent a misuse or wrong bulb 
insertion into a headlamp where the bulb is not designed to be used in 
that specific headlamp, i.e., a HB3 bulb can not be inserted into a 
headlamp designed to accept a HB4 bulb and vice versa. Hella stated 
that it would implement a remedy action of a warning label on the back 
of the headlamp housing near the bulb indicating the correct bulb type 
designation to be used as a replacement. NHTSA believes that this 
labeling will be useful in ameliorating the lack of proper marking on 
the face of the headlamp lens, so that information regarding the 
correct replacement bulb is clearly available to an individual wishing 
to replace the bulb. Additionally, Hella has stated in its letter of 
application that the vehicles that are equipped with the mislabeled 
bulbs will not be sold to the general public, but to a professional 
service with an experienced staff. The implication of this statement is 
that the experienced staff would better understand that the bulbs were 
mislabeled.
    As a result of the action being taken by Hella, and because of the 
bulb and socket key design, NHTSA has concluded that Hella has met its 
burden of persuasion that the noncompliance herein described is 
inconsequential to motor vehicle safety. Consequently, NHTSA is 
granting the application for exemption from notification of the 
noncompliance as required by 49 U.S.C. 30118 and from remedy as 
required by 49 U.S.C. 30120.
    It should be noted that the agency's authority under the 
inconsequentiality provisions is limited to providing relief from the 
obligation to notify and remedy noncompliance for items already sold to 
customers. Accordingly, further sale or distribution of such headlamps 
as Hella has determined do not conform to FMVSS No. 108, whether by 
Hella or its distributors, would be a violation of 49 U.S.C. 30112(a), 
and render the violators liable for civil penalties. In its letter of 
application for an inconsequential noncompliance to the agency Hella 
stated that in November 1996 and December 1996 two vehicles each, with 
the mislabeled headlamps were delivered to their customer. Hella 
further stated that the next delivery was scheduled for April 1997 (13 
buses). The total number of buses equipped with the subject bulbs will 
be 300 within the next two years. NHTSA, in an April 1997 letter to VAN 
HOOL buses, Hella, and other appropriate parties, advised that the 
Hella application for inconsequential noncompliance is applicable only 
to the four buses mentioned in its letter of application, delivered 
before the filing of Hella's application.

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

    Issued on: August 29, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-23509 Filed 9-4-97; 8:45 am]
BILLING CODE 4910-59-P