[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Notices]
[Pages 42454-42456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18110]



[[Page 42454]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 03-15651]


Federal Motor Vehicle Safety Standards; Lamps, Reflective 
Devices, and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of draft interpretations; request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice sets forth two draft interpretations concerning 
how our standard on lamps, reflective devices, and associated equipment 
applies to replacement equipment. We will issue final interpretations 
after the comment period closes, and after considering any comments 
submitted.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than September 2, 2003.

ADDRESSES: You may submit comments (identified by the docket number set 
forth above) by any of the following methods:
    [sbull] Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site. Please note, if 
you are submitting petitions electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using Optical Character 
Recognition (OCR) process, thus allowing the agency to search and copy 
certain portions of your submissions.\1\
---------------------------------------------------------------------------

    \1\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number. For detailed instructions on submitting comments, see 
the Submission of Comments heading of the Supplementary Information 
section of this document. Note that all comments received will be 
posted without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief 
Counsel, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW., Washington, DC, 20590, Telephone: (202) 366-5263, Fax: 
(202) 366-3820.

SUPPLEMENTARY INFORMATION: One of the functions performed by NHTSA's 
Chief Counsel is to issue interpretations of the statutes administered 
by the agency and regulations issued by the agency under those 
statutes. See 49 CFR 501.8(d)(5). These interpretations are typically 
issued in the form of a letter responding to a request for 
interpretation from a manufacturer or other interested person. Our 
interpretations have always been placed in public viewing files and, 
more recently, have been available to the public on the web.
    In reviewing how we handle interpretations, we believe that, in 
certain cases, particularly those involving important novel issues and 
potentially broad impacts, it would be beneficial to publish draft 
interpretations in the Federal Register to provide an opportunity for 
public comment before making these interpretations final. This will 
help ensure that we have considered all relevant issues prior to 
publishing a final interpretation.
    We will provide a 45-day comment period. All timely comments will 
be considered before we publish a final interpretation.
    Our interpretations include all relevant information necessary to 
understand the issues raised by the interpretation. Consequently, we 
generally will not publish the incoming request for interpretation. 
However, we will place the incoming request for interpretation in the 
docket, as background information.
    In this notice, we are setting forth two draft interpretations 
concerning how our standard on lamps, reflective devices, and 
associated equipment applies to replacement equipment. They respond to 
two requests for interpretation submitted by Calcoast-ITL, a testing 
company.

Draft Interpretation No. 1

    This replies to your letter requesting an interpretation of Federal 
Motor Vehicle Safety Standard No. 108, Lamps, reflective devices, and 
other associated equipment. You asked whether replacement lamps are 
required to have all the functions of original lamps. You also asked 
whether replacement lamps for the rear of a vehicle may have the reflex 
reflectors in a location that is inboard from that in the original 
lamps. We respond to your questions below.
    You asked your questions in connection with replacement lamps for 
the rear of certain Honda Civics. The Honda Civics, as originally 
manufactured, include two lamps on each side of the rear of the 
vehicle, one lamp on the vehicle body and an adjacent one (inboard from 
the other lamp) on the decklid (back of the trunk). The lamps on the 
vehicle body include a reflex reflector.
    You stated that you have received two sets of replacement lamps for 
testing that would replace all four of these original lamps. In both 
cases, there is no reflex reflector on the replacement lamps for the 
vehicle body. However, a reflex reflector is included on the adjacent 
replacement lamp for the decklid.
    As discussed below, these lamps would not comply with Standard No. 
108.
    By way of background, Standard No. 108 specifies requirements for 
original and replacement lamps, reflective devices, and associated 
equipment. Paragraph S1 of Standard No. 108. The standard applies to 
passenger cars, multipurpose passenger vehicles, trucks, buses, 
trailers, and motorcycles. S3(a). The vehicle manufacturer is required 
to certify that the vehicle, when new, meets, among other things, 
Standard No. 108's requirements with respect to lamps, reflective 
devices, and associated equipment.
    Standard No. 108 also applies to lamps, reflective devices, and 
associated equipment for replacement of like equipment on vehicles to 
which this standard applies. S3(c). Thus, the manufacturer of a 
replacement lamp (or other replacement equipment covered by the 
standard) is required to certify that the equipment meets the 
standard's requirements.
    S5.8.1 of the standard provides that, with certain exceptions not 
relevant here, ``each lamp, reflective device, or item of equipment 
manufactured to replace any lamp, reflective device, or item of 
associated equipment on any vehicle to which this standard applies,

[[Page 42455]]

shall be designed to conform to this standard.'' Under S5.8.1, whenever 
a manufacturer designs a lamp to replace a lamp on a vehicle to which 
the standard applies, the manufacturer must design that lamp to ensure 
that the vehicle will continue to comply with Standard No. 108 when the 
replacement lamp is installed.
    Further, the specific requirements of Standard No. 108 that apply 
to an item of replacement equipment are determined by reference to the 
original equipment being replaced and the vehicle for which it was 
designed. As we have stated before, the replacement item must conform 
to the standard in the same manner as the original equipment for which 
the vehicle manufacturer certified compliance. See our February 4, 
2002, letter to Mr. Daniel Watt. See also our March 13, 2003, letter to 
Mr. Galen Chen.
    As to the sets of replacement lamps you received, the lamps that 
would replace the original lamps on the vehicle body would not conform 
to Standard No. 108 because they do not include all of the functions of 
the original lamps; i.e., they do not include the reflex reflector. It 
is immaterial that the manufacturer of the replacement equipment would 
provide a reflex reflector in another lamp. Under S5.8.1 of the 
standard, ``each lamp'' manufactured to replace any lamp on any vehicle 
to which the standard applies must be designed to conform to the 
standard. As you noted in your letter, someone might install the 
replacement outboard (vehicle body) lamps only, thus causing the 
vehicle to lose the reflector function entirely.
    You also raised another question about the designs: as installed on 
a vehicle, the reflex reflectors in the replacement lamp systems are 
located further inboard than the reflectors in the original equipment 
lamp systems. Standard No. 108 requires rear reflex reflectors to be 
``as far apart as practicable.'' The vehicle was certified with the 
reflex reflectors in a specific location, and replacement lamps which 
have the effect of moving the reflex reflectors closer together would 
clearly not be ``as far apart as practicable,'' and therefore would not 
conform to Standard No. 108.
    Of course, replacement equipment must also be certified as having 
been designed to conform to all of Standard No. 108's requirements that 
applied to the original equipment; e.g., photometric performance, 
minimum effective projected luminous lens area, lens material 
weatherability performance, etc.

Draft Interpretation No. 2

    This replies to your letter requesting an interpretation of Federal 
Motor Vehicle Safety Standard No. 108, Lamps, reflective devices, and 
other associated equipment. You asked whether light source 
modifications are permissible for aftermarket lamps.
    You stated that manufacturers have submitted replacement lamps to 
Calcoast-ITL for testing that are intended to replace original 
equipment lamps. According to your letter, the lamps are ``both front 
and rear combination lamps.'' As discussed below, replacement lamps 
must comply with Standard No. 108 using the same light sources as the 
original equipment.
    According to your letter, the lamps fall into two categories, and 
you have asked questions with regard to each category. The categories 
and questions are as follows:
1. Replacement Lamp Uses OEM Wiring Harness & Sockets
    (a) May a lamp manufacturer design a replacement lamp to use a 
different wattage bulb, such as switching from an 1157 to a 2057?
    (b) May a lamp manufacturer design a replacement lamp to use a 
different color bulb? Some manufacturers are switching from a clear 
bulb behind a red or amber rear turn signal lens to an amber bulb 
behind a clear lens.
2. Replacement Lamp Uses Modified Wiring Harness and Sockets Supplied 
With Lamp
    (a) Some manufacturers of replacement lamps are completely changing 
the bulbs used including wattage, color and base type by including a 
replacement wiring harness and sockets. Is this permitted?
    (b) Some manufacturers of replacement lamps change the source type 
from incandescent to sealed LED. Is this permitted?
    The answer to all of these questions is no.
    By way of background, Standard No. 108 specifies requirements for 
original and replacement lamps, reflective devices, and associated 
equipment. S1. It applies to passenger cars, multipurpose passenger 
vehicles, trucks, buses, trailers, and motorcycles. S3(a). The vehicle 
manufacturer is required to certify that the vehicle, when new, meets, 
among other things, Standard No. 108's requirements with respect to 
lamps, reflective devices, and associated equipment.
    Standard No. 108 also applies to lamps, reflective devices, and 
associated equipment for replacement of like equipment on vehicles to 
which this standard applies. S3(c). Thus, the manufacturer of a 
replacement lamp (or other replacement equipment covered by the 
standard) is required to certify that the equipment meets the 
standard's requirements.
    S5.8.1 of the standard provides that, with certain exceptions not 
relevant here, ``each lamp, reflective device, or item of equipment 
manufactured to replace any lamp, reflective device, or item of 
associated equipment on any vehicle to which this standard applies, 
shall be designed to conform to this standard.'' Under S5.8.1, whenever 
a manufacturer designs a lamp to replace a lamp on a vehicle to which 
the standard applies, the manufacturer must design that lamp to ensure 
that the vehicle will continue to comply with Standard No. 108 when the 
replacement lamp is installed.
    Further, the specific requirements of Standard No. 108 that apply 
to an item of replacement equipment are determined by reference to the 
original equipment being replaced and the vehicle for which it was 
designed. As we have stated before, the replacement item must conform 
to the standard in the same manner as the original equipment for which 
the vehicle manufacturer certified compliance. See our February 4, 2002 
letter to Mr. Daniel Watt. See also our March 13, 2003 letter to Mr. 
Galen Chen.
    Thus, replacement lamps must conform to the standard in the same 
manner as the original equipment lamp on the vehicle as certified by 
the vehicle manufacturer. Each vehicle is certified to Standard No. 108 
using a particular light source for a particular lamp. The lamp's 
ability to meet the standard's requirements with that light source is 
an inherent part of the certification. Therefore, a lamp manufactured 
to replace the lamp must meet Standard No. 108's requirements using 
that light source, in order to be designed to conform to the standard. 
We would use the same light source in testing a replacement lamp for 
compliance with Standard No. 108 as was used by the vehicle 
manufacturer for the original lamp in certifying the vehicle's 
compliance with the standard.
    Further, we note that the lighting systems and overall electrical 
systems of vehicles are designed with specific light sources in mind, 
both to ensure proper beam patterns, levels of brightness and 
electrical performance, and to avoid overloads and risk of fire. In the 
owner's manual, vehicle manufacturers advise owners what replacement 
bulbs to use. If a replacement lamp were designed to use a different 
light source from that

[[Page 42456]]

used in the original equipment lamp, it might not work properly, or at 
all, with the original equipment bulb or with the replacement bulbs 
specified by the vehicle manufacturer. Moreover, use of a different 
light source might also adversely affect the performance of the 
vehicle's overall lighting and electrical systems, and possibly cause 
overloads and risk of fire.

Submission of Comments

    How do I prepare and submit comments?
    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES. Comments may also be submitted to the docket electronically 
by logging onto the Dockets Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically.
    How can I be sure that my comments were received?
    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.
    How do I submit confidential business information?
    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512.)
    Will the agency consider late comments?
    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.
    How can I read the comments submitted by other people?
    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov).
    (2) On that page, click on ``search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the 
five-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-2002-12345,'' you would type 
``12345.'' After typing the docket number, click on ``search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. However, since the comments are imaged 
documents, instead of word processing documents, the downloaded 
comments are not word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

    Authority: 49 U.S.C. 30111; 49 CFR 501.8(d)(5)

    Issued on July 10, 2003.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 03-18110 Filed 7-16-03; 8:45 am]
BILLING CODE 4910-59-P