Interpretation ID: 12198.ztv

J. Yoshimoto
Deputy General Manager
Technical Admin. Dept.
Koito Mfg. Co., Ltd.
Shizuoka Works
Shimizu-shi, Shizuoka-ken
Japan

Dear Mr. Yoshimoto:

This responds to your letter of July 3, 1996, to the Administrator asking for interpretations of 49 CFR Part 564 Replaceable Light Source Information. These questions pertain to the submissions by Philips Lighting to Docket No. 93-11 for D2R and D2S light sources. As you probably know, Part 564 was amended on May 7, 1996, with amendments effective June 6, 1996 (61 FR 20497).

Your first question is whether manufacturers of these light sources, other than Philips, "should be additionally submitted for the listing of Part 564 and ballasts to be used in combination with those discharge bulbs . . . ." As the agency recently commented (61 FR at 20498)

Any part 564 submittal for a light source requiring ballasts for operation must include information that specifically identifies all ballasts that will be used with the light source. Substitution of a ballast other than that identified with the light source in part 564 is not permitted."

This means that Philips must include with its submission a description of all ballasts that it will use with the D2R and D2S light sources. If a manufacturer other than Philips will manufacture these light sources using any of the ballasts identified by Philips, no submittals are required. However, if a manufacturer other than Philips intends to use the D2R and D2S light source with a ballast other than that listed by Philips, we regard this as a modification of a light source for which information has previously been filed, and the other manufacturer may submit an application in accordance with sec. 564.5(d).

You next ask who should be the applicant for the discharge bulbs and ballasts, the lamp manufacturer (original applicant), the manufacturer of the discharge bulb, or the ballast manufacturer. Under sec. 564.5(a), as amended, applications may be made by a "manufacturer of a motor vehicle, original equipment headlamp, or original equipment headlamp replaceable light source." This means that application can be made by the lamp manufacturer (original applicant), or the manufacturer of the discharge bulbs. If a ballast is required for operation of the discharge bulb, we regard the ballast as an integral part of the light source, but application may be made by a headlamp or bulb manufacturer, not by the ballast manufacturer.

Your next question refers to Appendix B of Part 564. You ask whether it is permissible to furnish only certain information with an application "because the rest of the information to be requested in Appendix B is the same as that of Philips." The answer is yes. Under sec. 564.5(d)(1), a manufacturer may request modification of a light source for which information has previously been filed in Docket No. 93-11 by submitting "[a]ll the information specified in Appendix A or Appendix B of this part that is relevant to the modification requested." This means that the regulation requires an applicant only to furnish information that differs from that already on file with respect to the light source for which modification is requested. For sake of clarity, NHTSA prefers that the submitter identify the specific drawing(s) or text on file in Docket No. 93-11 that is proposed to be changed, and list those desired changes in a tabular format or in text, e.g., item "x" is added to document "y", or is deleted or modified as indicated. If the changes are to the form where a new drawing is to substituted, the submission should be specific as to how the submission is being proposed, e.g., sheet "y" is added to or replaces sheet "x" in Docket No. 93-11, or sheet "y" is different from sheet "x" because [submitter to describe differences]. If the changes are to provide an optical configuration of the light source or a component of the light source, the submission must be clear on how that option is to be exercised and how it is to be identified as a version of the original form.

Your final question relates to the agency's language, quoted in the second paragraph, which prohibits substitution of a ballast other than that identified with the light source in Part 564. You ask whether this covers replacement equipment as well as original equipment. The answer is yes. Paragraph S5.8.1 of Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment requires replacement lighting equipment to be designed to conform to the standard for original lighting equipment. Paragraph S7.7 (as amended on Novermber 28, 1995, 60 FR 58522) requires that "[e]ach replaceable light source shall be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part 564." A principal purpose of Part 564 is to ensure that replacement light sources provide performance that is equivalent to the original light source. This purpose cannot be ensured if a ballast has been substituted that differs from that originally supplied with the bulb, or if the ballast is not listed in Part 564.

If you have any further questions, you may refer them to Taylor Vinson of this office (202-3566-5263).

Sincerely,

John Womack
Acting Chief Counsel

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d:8/20/96