[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Notices]
[Page 38343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18308]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7705; Notice 2]


Mootness of Application for Decision of Inconsequential 
Noncompliance

    The following companies, Osram Sylvania Products, Inc., (Osram); 
Subaru of America, Inc., (Subaru); Koito Manufacturing Co., LTD. 
(Koito); North American Lighting, Inc. (NAL); Stanley Electric Co., 
LTD, (Stanley); and General Electric Company (GE) have determined that 
certain H1 replaceable light sources they manufactured or used in lamp 
assemblies did not have the ``DOT'' marking required under 49 CFR 
571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, 
``Lamps, Reflective Devices, and Associated Equipment.'' These 
companies have 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.
    Under the requirements of S7.7(a) of FMVSS No. 108, each 
replaceable light source shall be marked with the symbol ``DOT.''
    Notice of receipt of the application was published in the Federal 
Register (66 FR 10052) on February 13, 2001. Opportunity was afforded 
for public comment until March 15, 2001. No comments were received.
    Between January 1998 and January 2000, Osram produced 841,283 H1 
replaceable light sources without the required ``DOT `` marking. In its 
Part 573 report, Osram stated that it was not possible to determine 
exactly how many light sources were used in headlamp assemblies as 
opposed to those which were used in fog lamp assemblies. However, the 
point is irrelevant, since light sources are subject to the 
requirements of the standard if they are, in fact, capable of being 
used as a replaceable light source in a headlamp.
    Between February 1999 and January 2000, NAL used 118,756 of these 
Osram replaceable light sources in headlamp assemblies. Subaru 
installed 110,784 of these NAL headlamp assemblies in model year 2000 
Legacy vehicles from February 1999 through February 2000.
    Stanley used 30,426 of the Osram replaceable light sources in 
headlamp assemblies intended for Honda Preludes produced between 
October 22, 1998 and January 27, 2000. Koito used 12,340 of the Osram 
replaceable light sources in headlamp assemblies it manufactured 
between June 1999 and January 2000.
    Also, a separate group of replaceable light sources with similar 
certification problems were manufactured by GE. GE produced 2,490 of 
these between April 1, 1999 and March 23, 2000. The GE replaceable 
light sources are included in this notice because of these 
similarities.
    All of the applicants have indicated that the subject replaceable 
light sources, with the exception of the absence of the ``DOT'' 
marking, fully comply with all the performance and design requirements 
of FMVSS No. 108 and do not constitute any risk to motor vehicle 
safety. Osram has submitted confidential test data to show this.
    We have reviewed the applications. Since the purpose of the ``DOT'' 
marking is to certify that the replaceable light sources comply with 
all applicable standards, the failures to mark light sources with DOT 
symbols are considered as violations of 49 U.S.C. 30115, Certification, 
which does not require notification or remedy. Therefore, after due 
consideration, we have decided that the applications referenced above 
are moot.

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


    Issued on: July 17, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-18308 Filed 7-20-01; 8:45 am]
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