[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
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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
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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