[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Page 2106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-234]



[[Page 2106]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23419; Notice 1]


Optronics Products Company, Inc., Receipt of Petition for 
Decision of Inconsequential Noncompliance

    Optronics Products Company, Inc. (Optronics) has determined that 
certain combination lamps that it produced in 2002 do not comply with 
49 CFR 571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, 
``Lamps, reflective devices, and associated equipment.'' Optronics has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Optronics has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Optronics' petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    Affected are a total of approximately 6000 4-inch round LED 3 
function combination lamps, part number STL45RK, produced in November 
2002 and sold as replacement equipment for trailers less than 80 inches 
in overall width. NHTSA testing of this model showed that three out of 
the four tested lamps failed to meet the minimum photometry 
requirements for a 3-lighted section lamp. In particular, the lamps 
failed to meet the minimum zone 3 photometry requirements for the 
taillamp, stop lamp, and turn signal lamp. The FMVSS No. 108 minimum 
photometry requirement for zone 3 of these functions is 24 cd, 520 cd, 
and 520 cd, respectively. The lamps failed to meet the zonal 
requirements by a margin of 7% to 28% for the taillamp, and 4% to 18% 
for the stop and turn signal lamps.
    Optronics believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. 
Optronics states that, although the lamps noncomply with the 
requirements for a 3-lighted section lamp, they would meet or exceed 
the light output requirements if the lamps were tested to the 
requirements of ``an incandescent light of the same fit, form, and 
function.''
    Optronics asserts that ``[h]olding a 4-inch LED light to a higher 
standard than a 4-inch incandescent light is the result of definitions 
in the regulations and is not based on the relative safety of one light 
versus another.'' The petitioner further states,

    [W]e believe that the lights' failure under the regulations is a 
technical issue and not a substantive one * * *. Consumers and 
Company's (sic) should not be required to go through a product 
recall on a technicality. What is important here is the safety of 
the consumer. We believe that the data in this filing show that the 
lights are as safe as any incandescent on the road.

    Optronics states that there have been no accidents, injuries, 
fatalities, or warranty claims related to this noncompliance.
    Interested persons are invited to submit written data, views, and 
arguments on this petition. Comments must refer to the docket and 
notice number cited at the beginning of this notice and be submitted by 
any of the following methods. Mail: Docket Management Facility, U.S. 
Department of Transportation, Nassif Building, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC. It is requested, but not required, that two copies of 
the comments be provided. The Docket Section is open on weekdays from 
10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted 
electronically by logging onto the Docket Management System Web site at 
http://dms.dot.gov. Click on ``Help'' to obtain instructions for filing 
the document electronically. Comments may be faxed to 1-202-493-2251, 
or may be submitted to the Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: February 13, 2006.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: January 9, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6-234 Filed 1-11-06; 8:45 am]
BILLING CODE 4910-59-P