[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Notices]
[Pages 39540-39542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14875]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18185]


Initial Decision That ASTEX HID Conversion Kits Fail To Comply 
With Federal Motor Vehicle Safety Standard 108; Public Proceeding 
Scheduled

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

ACTION: Notice of public meeting.

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SUMMARY: NHTSA will hold a public meeting regarding its Initial 
Decision that ASTEX USA high intensity discharge (HID) motor vehicle 
light sources sold in kits as replacements for non-HID light sources do 
not comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, 
Lamps, reflective devices, and associated equipment.

DATES: The public meeting will be held beginning at 10 a.m. on Monday, 
August 2, 2004, in Room 6200.

FOR FURTHER INFORMATION CONTACT: Jennifer T. Timian, Office of Chief 
Counsel, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW., Washington, DC 20590; (202) 366-5263. NHTSA's Initial 
Decision, and the information on which it is based, is available at 
NHTSA's Technical Information Services, Room PL-403, 400 Seventh 
Street, SW., Washington, DC 20590; Telephone: 202-366-2588. When 
visiting Technical Information Services or contacting it via the 
telephone, refer to Investigation File CI-108-010831.

SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 30118(a) and 49 CFR 
554.10, NHTSA's Associate Administrator for Enforcement has made an 
Initial Decision that ASTEX USA (ASTEX) high intensity discharge (HID) 
light sources including ballasts, which have been manufactured and sold 
by Mark Lee d/b/a ASTEX as replacements for non-HID light sources, fail 
to comply with FMVSS No. 108, Lamps, reflective devices, and associated 
equipment, 49 CFR 571.108.

A. Requirements of FMVSS No. 108

    FMVSS No. 108 regulates new motor vehicles and replacement lighting 
equipment. To accomplish this purpose, the standard sets forth 
requirements that, among other things, ensure adequate illumination of 
the roadway, enhance the conspicuity of motor vehicles on the public 
roads, and limit glare.
    The requirements for headlighting systems are set forth in S7 of 
FMVSS No. 108. For replaceable bulb headlamps, a new motor vehicle must 
have a two or four-headlamp system that provides two upper beams and 
two lower beams. Among other things, the headlamps must provide light, 
within a specified range of intensity in certain areas, and not provide 
light above specified levels in other areas. The intensity requirements 
are specified in one of a number of photometry tables within FMVSS No. 
108, depending on the light source type and number of headlamps in the 
system. Each

[[Page 39541]]

headlamp must be designed to conform to the applicable photometry 
requirements, using any light source of the type intended for use in 
such system.
    In general, vehicle manufacturers use one of a number of standard 
replaceable light sources to achieve the regulatory requirements. For 
each of these types of light sources, the dimensions and electrical 
characteristics must be submitted to NHTSA under 49 CFR Part 564. The 
vehicle manufacturer must assure and certify that the vehicle complies 
with all applicable FMVSSs, including FMVSS No. 108.
    Each lamp and item of associated equipment such as a light source 
manufactured to replace any lamp or item of associated equipment must 
be designed to conform to FMVSS No. 108. See 49 CFR 571.108 S5.8.1. 
Under S7.7, Replaceable light sources, each replaceable light source 
must be designed to conform to the dimensions and electrical 
specifications furnished with respect to it pursuant to 49 CFR Part 
564. In addition, FMVSS No. 108 requires that the base of the 
replaceable light source be marked with the bulb marking designation, 
wattage, and manufacturer's name, and that the replaceable light source 
meet certain lighting performance requirements. If a ballast is 
required, additional requirements must be met.
    Headlamp replaceable light sources have standard designations. 
NHTSA's regulations use terms for the various types of headlamp bulbs 
such as HB1 and HB2. Each type of replaceable light source is unique in 
dimensional and electrical design so as not to be interchangeable with 
another type of replaceable light source. Every replaceable light 
source must be designed to conform to the identical marking and 
dimensional and electrical requirements applicable to the type of 
replaceable light source that it replaces. The specific dimensional and 
electrical specifications for each type of replaceable light source are 
publicly available in NHTSA Docket No. 98-3397.
    The reason for the standardization of replaceable light sources 
lies in the need for uniform, compliant performance of headlamp 
lighting. See 58 FR 3856 (January 12, 1993). In order to ensure 
equivalent performance of a headlamp, should the light source burn out 
or otherwise fail, standardization of the replaceable light source is 
necessary. Any replacement light source of the same type (e.g., HB1) 
would provide equivalent and conforming performance. In other words, 
each ``HB1'' type of replaceable light source must be designed to 
conform to the identical dimensional and electrical requirements as 
other ``HB1'' replaceable light sources.

B. The Agency's Investigation and the Products At Issue

    In August of 2001, the Agency's Office of Vehicle Safety Compliance 
(OVSC) discovered a Web site (www.hidkits.com) that was offering for 
sale HID conversion kits. A HID conversion kit contains at least one 
(and usually two, one for each headlamp) HID replaceable light source 
that has been altered, or specifically manufactured, to be physically 
interchangeable with non-HID (e.g., incandescent) replaceable light 
sources of different designs. Upon investigation, OVSC discovered that 
Mark Lee d/b/a ASTEX operated the Web site and was the manufacturer of 
the products offered for sale on it.
    OVSC purchased an ASTEX HID conversion kit for a 9004 light 
source--the trade name for an HB1 light source--in August 2001. A 
visual inspection and comparison of the ASTEX light source with an 
ordinary incandescent ``HB1'' replaceable light source demonstrated 
that the ASTEX replacement light source had an HB1 base and an arc 
discharge element on top of it. The ASTEX replacement light source was 
dimensionally and electrically different from the HB1 in a number of 
ways. For example, the ASTEX light source had a discharge arc, in place 
of the dual transverse coil wire filaments required in a complying HB1. 
The ASTEX HID conversion also incorporated a different connector than 
the connector provided on the bottom of the HB1 replaceable light 
source.
    In addition to these dimensional and electrical disparities, the 
ASTEX conversion required the use of an additional component for 
operation. This component--a ballast--is not part of the design 
specification for a compliant HB1, as filed in Docket No. 98-3397.
    OVSC engaged a test laboratory to test the ASTEX 9004 HID 
conversion kit in a headlamp designed to accept an HB1 replaceable 
light source. The primary purpose of this testing was to assess the 
photometric performance of a headlamp with ASTEX's HID light source and 
ballast. Under the test, light is measured at various test points. The 
lamp was first tested with an incandescent HB1 light source, and 
demonstrated compliance on both lower and upper beams using that 
replaceable light source.
    The same headlamp was then tested using ASTEX's 9004 HID conversion 
kit, i.e., the light source and ballast. With the lower beam powered, 
the headlamp failed to satisfy the requirements of the standard at 
seven test points. At these points, the headlamp discharged excessive 
levels of light. It exceeded maximum allowable candlepower by up to 876 
percent. In addition, with the upper beam powered, the headlamp 
produced zero luminous output. Testing of the ASTEX light source with 
the ballast in a stand-alone mode (i.e., not placed in a headlamp 
designed for a HB1 light source) further demonstrated the product's 
noncompliance. For example, the light source's lower beam luminous flux 
output was over 3,056 lumens--a level 279 percent over the maximum 
allowable lower beam luminous flux for an HB1 replaceable light source 
(805 lumens). Also, the ASTEX light source had no upper beam function 
whatsoever. An HB1 upper beam is required to emit 1,200  15 
percent lumens.
    In addition to HID light sources designed to replace HB1 
incandescent replaceable light sources, ASTEX offers for sale and sells 
conversion kits for other headlamp light sources. ASTEX offers for 
sale, among other kits, HID replaceable light sources for 9003 (HB2), 
9005 (HB3), 9006 (HB4), 9007 (HB5), H1, and H7 designs. These ASTEX HID 
conversion kits are based on the fundamental design approach of 
replacing a wire coil filament in the original light source with a 
discharge arc filament and a ballast in the replacement light source. 
As discussed previously, the absence in a replacement light source of a 
feature that is specified dimensionally in NHTSA Docket No. 98-3397 
would amount to a noncompliance with FMVSS No. 108. As such, ASTEX's 
kits containing replaceable light sources for the 9003 (HB2), 9005 
(HB3), 9006 (HB4), 9007 (HB5), H1, and H7, exhibit and entail the same 
compliance issues as the 9004 conversion kit that OVSC purchased and 
tested.
    During the course of its investigation, OVSC issued several 
information requests to ASTEX. Information requested included, among 
other things, the relationship between ASTEX and the Web site 
www.hidkits.com, the quantities and models of HID conversion kits sold, 
the names of suppliers of the conversion kits, information concerning 
ASTEX's alteration of the various components included in its kits, 
methods the company used to procure the kits, and copies of any 
compliance test data the company may have had for its kits.
    In response to OVSC's inquiries, ASTEX consistently responded that 
FMVSS No. 108 did not apply to its

[[Page 39542]]

conversion kits for two reasons. First, it maintained that its products 
were marketed and sold strictly for ``off road use only.'' Second, it 
maintained that its kits are not ``replaceable light sources'' covered 
by FMVSS No. 108 because those kits were never designed to conform to 
the design specifications for the original replaceable light sources, 
but rather were designed to exceed the performance of that original 
equipment.
    OVSC's Equipment Division Chief and an attorney from the agency's 
Office of Chief Counsel, contacted ASTEX and advised its principal, 
Mark Lee, that there are no exemptions under FMVSS No. 108 for ``off 
road'' use. Copies of five Office of Chief Counsel interpretation 
letters to this effect were also sent to ASTEX.
    As to ASTEX's second argument, a manufacturer may not avoid 
compliance with regulatory requirements by claiming its product is not 
designed to meet those regulations. Motor vehicle lighting equipment, 
including replacement lighting equipment, must meet all requirements of 
FMVSS No. 108. While in many cases, a product may exceed minimum 
requirements contained in a safety standard, it may not exceed maximum 
limits, which is what these HID conversion kits have done.
    On December 4, 2002, OVSC requested in writing that ASTEX make a 
determination that its conversion kits are noncompliant and voluntarily 
recall those products. ASTEX rejected this request.
    OVSC's Report of Investigation, which contains a full description 
of the compliance investigation, is available at Technical Information 
Services, Room PL-403, 400 Seventh St., SW., Washington, DC 20590; 
telephone: 202-366-2588.

C. Initial Decision

    Based on all of the available information, NHTSA's Associate 
Administrator for Enforcement has made an Initial Decision, pursuant to 
49 U.S.C. 30118(a) and 49 CFR 554.10, that ASTEX HID replaceable light 
sources and ballasts sold and marketed as replacements for non-HID 
light sources fail to comply with FMVSS No. 108. Pursuant to 49 U.S.C. 
30118(b)(1) and 49 CFR 554.10(b), NHTSA will conduct a public meeting, 
beginning at 10 a.m., Monday, August 2, 2004 in Room 6200, Department 
of Transportation Building, 400 Seventh Street, S.W., Washington, DC, 
at which time the manufacturer and all other interested parties will be 
afforded an opportunity to present information, views, and arguments on 
the issues of whether ASTEX's HID conversion kits covered by the 
Initial Decision fail to comply with FMVSS No. 108.
    Interested persons are invited to participate in this proceeding 
through written and/or oral presentations. Persons wishing to make oral 
presentations must notify Tilda Proctor, National Highway Traffic 
Safety Administration, Room 5321, 400 Seventh Street, SW., Washington, 
DC 20590, (202) 366-9700, or by fax at (202) 366-8065, before the close 
of business on Wednesday, July 28, 2004. The notifications should 
specify the amount of time that the presentation is expected to last. 
The agency will prepare a schedule of presentations. Depending upon the 
number of persons who wish to make oral presentations, and the 
anticipated length of those presentations, the agency may add an 
additional day or days to the meeting/hearing and may limit the length 
of oral presentations.
    Persons who wish to file written comments should submit them to the 
same address, no later than Wednesday, July 28, 2004.

    Authority: 49 U.S.C. 30118(a), (b); delegations of authority at 
49 CFR 1.50(a) and 49 CFR 501.8.

    Issued on: June 24, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-14875 Filed 6-29-04; 8:45 am]
BILLING CODE 4910-59-P