ID: nht92-8.38

DATE: March, 1992 EST

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: S. Watanabe -- Manager, Automotive Equipment Legal & Homologation Sect., Stanley Electric Co., Ltd., Tokyo, Japan

TITLE: None

ATTACHMT: Attached to letter dated 2/6/92 from S. Watanabe to NHTSA Administrator (OCC 7008)

TEXT:

This responds to your letter of February 6, 1992, to the Administrator, requesting an interpretation of section S7.2(b) of Motor Vehicle Safety Standard No. 108.

Section S7.2(b) requires that headlamp lenses be marked "with the name and/or trademark of the manufacturer, which is registered with the U.S. Patent and Trademark Office." Stanley Electric Co., Ltd. of Japan has subsidiaries in Thailand and Taiwan. Each subsidiary uses three manufacturer identification marks, and you have asked whether each subsidiary may use one of the marks as a manufacturer identification under S7.2(b).

You also relate that application has been made to the U.S. Patent and Trademark Office with respect to one of those identification marks. Certainly, once registration has been completed, Stanley of Thailand and Stanley of Taiwan may use the registered mark and this will be in compliance with Standard No. 108. Stanley has not registered the other two identification marks (TH STANLEY or TW STANLEY, and STANLEY TH or STANLEY TW) because it has concluded that these are not trademarks but the manufacturer's name.

We agree with your suggestion that the identification marks TH STANLEY, TW STANLEY, STANLEY TH, and STANLEY TW are just the manufacturer's name, not a trademark. Section S7.2(b) of Standard No. 108 does not specify any particular form in which the manufacturer's name must appear on the lens, nor does that section require the manufacturer's name to be registered with the U.S. Patent and Trademark Office.

Therefore, there would be no violation of S7.2(b) if your Thai and Taiwanese subsidiaries mark the lenses of their headlamps with the identification marks identified in your correspondence as manufacturer names.

ID: nht89-1.89

TYPE: INTERPRETATION-NHTSA

DATE: 05/16/89

FROM: STEPHEN P. WOOD -- NHTSA ASSISTANT CHIEF COUNSEL FOR RULEMAKING

TO: THOMAS C. GRAVENGOOD -- AGAP'E PLASTICS INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/11/89 FROM STEPHEN P. WOOD -- NHTSA TO GEORGE A. VANSTRATEN; REDBOOK A34; STANDARD 108 LETTER DATED 07/12/89 FROM GEORGE A. VANSTRATEN -- VAN STRATEN HEATED TAIL LIGHT; OCC 3732; ALSO ATTACHED TO 04/03/89 LETTER FROM THOMAS GRAVENGOOD TO NHTSA (OCC 3348)

TEXT: Dear Mr. Gravengood:

This is in reply to your letter of April 3, 1989, to this Office enclosing samples of plastic lenses. Your company manufacturers "heated lights" which appear beneficial in melting snow that accumulates on them in the winter months. In your letter, you s tated:

"All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. 108. We have been advised by the National Highway Traffic Safety Administration that there is no moto r vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing."

We have no authority to "approve" or "disapprove" items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer "approves" each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationshi p of your product to Standard No. 108. This should prove helpful in dealings at the O.E.M. level.

There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. 108, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the or iginal equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. 108 treats both original required and original sup plemental lighting equipment.

If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal

2

responsibility under the Act and Standard No. 108 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufact urers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the "certification" they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated l amps as such. The Federal standard that applies is the one imposed by Standard No. 108 for the particular equipment item (taillamps or signal lamps in this instance).

If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. 108 imposes is th at it not impair the effectiveness of the required lighting equipment (paragraph S4.1.3). Your lamps "splice into" the wiring for the taillamps and "marker lamps", according to your product literature. Therefore, it is incumbent upon the vehicle manufa cturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify t hat its vehicles comply with all applicable Federal motor vehicle safety standards.

Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. 108. The location depicted is one that is frequently used for t he clearance lamps required by Standard No. 108. Paragraph S4.4 of Standard No. 108 forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipm ent.

Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. 108 and the Act for aftermarket manufacturers of lighting eq uipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligati on to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Stan dard No. 108.

3

Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. 108, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and t o remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed.

If you have any further questions we shall be happy to answer them. We are returning your samples.

Sincerely,

ID: 16305.ztv

Mr. Vann H. Wilber
Director
Vehicle Safety & International Department
American Automobile Manufacturers Association
1401 H Street, N.W.
Washington, D.C. 20005

Re: Definition of Optical Axis of a Headlamp

Dear Mr. Wilber:

This is in reply to the letter of October 23, 1997, that you and Jeff Erion wrote pointing out a possible inconsistency in the interpretation we provided Steve Law on June 16, 1997, and "the conclusions of the Regulatory Negotiation (Reg Neg) on this subject." Mr. Law had asked whether certain marking configurations met the requirements of paragraph S7.8.5.3(f)(1) of Standard No. 108.

In brief, we advised Mr. Law that markings at the center of each of the four sides of a rectangular headlamp were insufficient to denote the optical axis, which runs directly through the center of the headlamp at 90 degrees to the lens face. However, the final rule and its preamble are silent as to the type of mark that must denote the optical axis. You say that the Reg Neg Committee determined that "marks on the periphery of the lens which could be converged to the center of the lens" would be acceptable, and that Mr. Law's Option C meets this requirement.

The marks on Option C are located at the center of each of the four sides, oriented at 90 degrees from the side. If lines are drawn between opposing sides, they will converge at the center of the headlamp, at the optical axis. We agree that this is a sufficient indication of the optical axis to meet the requirements of paragraph S7.8.5.3(f)(1), and that Mr. Law's Option C is acceptable. This reverses our opinion on Option C that we provided Mr. Law on June 16, 1997.

However, the marks on Option B, located on each side, are parallel to the side. This means that lines drawn between opposing sides will not necessarily intersect on the optical axis unless they are drawn from the center of each line, which is not marked. Option B thus remains unacceptable because lines cannot be converged to the center of the lens from any point on the marks located at the sides of the headlamp.

We are providing Mr. Law and Mr. Erion with a copy of this letter.

Sincerely,
John Womack
Acting Chief Counsel
cc: Steve Law
Jeff Erion
d.12/22/97
ref:108

ID: 15487.ztv

Mr. Junichi Yoshimoto
Deputy General Manager
Technical Administration Dept.
Koito Mfg. Co., Ltd.
Shizuoka Works
500, Kitawaki
Shimuzu-Shi, Shizuoka-Ken
Japan

Dear Mr. Yoshimoto:

This replies to your letter of June 24, 1997, asking questions about four areas of the headlighting requirements of Federal Motor Vehicle Safety Standard No. 108. I shall discuss them in the order you presented them.

Optical Axis Mark

You have attached a sheet depicting three headlamps. You ask whether the optical axis mark specified by S7.8.5.3(f)(1) is required because, in your opinion, the construction of the headlamps enables one to identify the optical axis of the headlamp.

Paragraph S7.8.5.3(f)(1) reads as follows:

"There shall be a mark or markings identifying the optical axis of the headlamp visible from the front of the headlamp when installed on the vehicle, to assure proper horizontal and vertical alignment of the aiming screen or optical aiming equipment with the headlamp being aimed. The manufacturer is free to choose the design of the mark or markings. The mark or markings may be on the interior or exterior of the lens or indicated by a mark or central structure on the interior or exterior of the headlamp."

Although the choice of the mark is left to the manufacturer, the mark should be of such a nature that it clearly indicates to the operator of headlamp aiming equipment the exact location of the optical axis and where the equipment is to be properly placed, to act as a geometric reference for measuring distances to the floor and between the headlamps and the vehicle's longitudinal axis.

Your question asks, in effect, whether the features shown are sufficient to be the mark required. A trademark is acceptable to indicate an optical axis, and we believe that the trademark in Figure 1 Sealed Beam Headlamp, an oval encircling the name "Koito," clearly indicates its center with the letter "i" thereby indicating the optical axis. The condenser lens in Figure 2 Projector Headlamp has an obvious center, as do all circles, that can be perceived by observers, and is also acceptable as indicating the optical axis. The inner shade in Figure 3 Headlamp with no-fluting lens should provide a clear indication to the operator of headlamp aiming equipment because the axes of the hexagon converge at a clearly designated center point. The last sentence of S7.8.5.3(f)(1) quoted above indicates that the mark may be indicated by a central structure on the interior of the headlamp.

Horizontal Aim

(1) Paragraphs S7.8.5.3(b) and (d) do not specify a horizontal aim adjustment mechanism for visually/optically aimable headlamps. Koito is considering changing some of its existing headlamps to visually aimable ones with "adding the mechanisms (see Figures 4 and 5 in the attached sheet) in which a special cap is put onto the horizontal aiming screw permanently in such a way that it cannot be removed without breakage, to prevent tools from accessing the screw." You ask whether these mechanisms "comply with the requirement of horizontal aim fixation."

The horizontal aiming screw caps are intended to be a permanent part of the lamp, and not intended to be removable with special tools or otherwise. We believe that this is a sufficient safeguard that the headlamps may be considered to comply with the requirement that there shall be no adjustment of horizontal aim of a visually aimable headlamp.

(2) Referring to our letter of June 11, 1997, to Ichikoh, a copy of which you enclosed, you ask whether the horizontal aim should be fixed by the headlamp manufacturer or the vehicle manufacturer. You note that it may be necessary for a vehicle manufacturer to align properly the horizontal aim when the headlamp is installed on a motor vehicle before the horizontal aim is fixed. However, when the horizontal aim is fixed by the vehicle manufacturer, you believe that the vehicle manufacturer should be responsible for certifying compliance with photometric performance requirements.

Paragraph S7.8.5.3 requires a visually/optically aimable headlamp to be designed to conform to the specifications of that paragraph, including the specification of S7.8.5.3(b) that horizontal aim be fixed and nonadjustable. Thus, the design and production of the headlamp is the responsibility of its manufacturer. However, as the preamble to the final rule adopting this requirement stated, "Generally, the vehicle's manufacturer accepts the responsibility for assuring correct aim of new motor vehicles" (62 FR 10710 at 10712). When a headlamp is installed on a motor vehicle, the vehicle manufacturer's required certification of compliance with all applicable Federal motor vehicle safety standards must include photometric compliance.

Aiming Deviation

You believe that S7.8.2.1(a) applies to a visually/optically aimable headlamp "whose construction has no adjustment of horizontal aim." This paragraph reads: "When installed on the vehicle, adjustment of one aim axis through its full on-vehicle range shall not cause the aim of the other axis to deviate more than +/- 0.76 degree." You wish to interpret it as reading: "Adjustment of vertical aim through its full on-vehicle range shall not cause the aim of the horizontal axis to deviate more than +/- 0.76 degree."

This is a correct rephrasing of S7.8.2.1(a) for a visually/optically aimable headlamp whose horizontal aim is fixed.

Visual/Optical Mark

You ask whether your interpretation is correct that the lens of a headlamp that is aimable horizontally by a VHAD, and vertically by visual/optical means, must have its lens marked in accordance with S7.8.5.3(f)(2).

This is correct. Even though the correct horizontal aim is achieved by mechanical means, the fact that the correct vertical aim is determined visually/optically means that the headlamp must have the markings required by S7.8.5.3(f)(2).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.1/15/98

ID: 86-2.34

TYPE: INTERPRETATION-NHTSA

DATE: 04/23/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Rudi Haenisch -- Manager Sales, Brisson Development, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Rudi Haenisch Manager Sales Brisson Development, Inc. 13845 Nine Mile Road Warren, Michigan 48089

Thank you for writing on March 19, 1986, and telling me about your strobe lamp which plugs into cigarette lighter sockets and which is intended to serve as a supplementary warning device. I assume that you want to know our views as to its legality.

This type of aftermarket accessory is not covered by Standard No. 108. the Federal motor vehicle safety standard on motor vehicle lighting, and there are no Federal restrictions on its sale or use. This means that its permissibility must be determined by the laws of each jurisdiction in which it is to be sold and/or used, and it is our impression that many States may restrict the use of strobe lamps to defined emergency vehicles engaged in emergency missions.

Sincerely,

Erika Z. Jones Chief Counsel

March 19, 1986

Mrs Erika Z. Jones - Chief Council National Highway Traffic Safety Administration Room 5219 400 Seventh Street S.W. Washington, D.C. 20590

Dear Mrs. Jones;

On March 18, 1986, I talked by phone with Mr. Steve Oesch and he informed me to send this letter to you.

Brisson Development Inc. has designed two different 'Emergency Strobe Lights' for the auto aftermarket geared toward the owners of Light trucks and automobiles. They are designed to be magnetically mounted on the vehicle and just plug into the cigarette lighter receptacle. Thereby providing additional safety warning to traffic and in some cases the only warning (if the vehicles OEM flashers have failed) that the vehicle is a hazard to other traffic.

As I am sure you are aware of the many different types of vehicle emergency aid devices available on the market today. Ranging from reflectors, which for some reason people like to run over, to mechanical triggered standard light bulb devices, which have about the same reliability of a flashlight that has not been in use for six months and when you need it it does not work. I personally, and people I know, have bought and tried just about every emergency aid type device and have really not been happy with any of them. That is why at Brisson we are looking to make a quality emergency light that will be reliable after long periods of time that it has not been used or tested and then function properly in any kind of weather.

Why a strobe light instead of making just another me to item?

1. Reliability of the electronic circuit - the strobe light was designed from conception to provide high candle power flashing lights from short to Long time usage.

2. No mechanical parts to wear out, corrode, or malfunction.

3. High candle power output with low electric current draw as compared to regular bulbs and their flasher unit.

4. Low cost of unit per candle power.

5. Many emergency and road work vehicles have and are changing to strobe units.

6. The fast high intensity light flash of strobes triggers an attentive response from the human brain and points out a hazardous condition.

7. Strobes are new on the highway market, and have not created a mental block as some other emergency devices, just look at the average life of a road construction or work sign, we may look at designing a spaced strobe for this problem also.

Descriptions of the two emergency strobe units are as follows:

SL 70 K Emergency Strobe Light - Puts out 70,000 candlepower of light. Comes with a cigarette lighter plug and just over ten feet of twenty guage wire insulated cord.

A strong magnet has been put in the bottom of the unit so it can be mounted anywhere on the outside of the vehicle and not fall or get blown off. An amber high strength plastic lens has been provided since amber is a universal emergency color. A high strength plastic bottom has been chosen for its non-corrosive qualities. The top lens and bottomhousing screw together for ease of service should anything happen to the top lens for replacement. The top amber lens has a refractive design to diffuse the light evenly. Provides a full 360 degree field of vision, especially in situations where a vehicle has been parked at an angle to the road where its OEM flashers cannot be seen from the road. The bulb flashes at a rate of four times per second and is a clear xenon gas filled type. A polished reflective surface has been put on the inside just below the bulb to reflect all the Light through the amber Lens. Dimensions are 41/2 inches high by a 3 inch round diameter with a rounded dome top.

SL 140 K Emergency Strobe Light - Puts out 140,000 candlepower of light. Comes with a cigarette lighter plug and a twenty five guage, ten foot coilable, insulated cord. Three high strength magnets have been put on the bottom (saving weight) and providing stability so the unit can be mounted anywhere on the outside of the vehicle and will not fall or get blown off. An emergency yellow high strength plastic lens has been provided since it is a universally accepted emergency color. A high strength plastic bottom has been chosen for its non-corrosive qualities. The top lens and bottom are held together by three evenly spaced phillips heads screws coming up through the bottom casing and screwing into the out top lens and do not show, and thereby making the unit easily serviced. The top emergency yellow lens has a refractive design to difuse the light evenly. Provides a full 360 degree field of vision, especially in situations where a vehicle has been parked at an angle to the road where its OEM flashers cannot be seen from the road. The bulb flashes at a rate of two times per second and is a clear xenon gas type. Future units may have two bulbs instead of one. A polished reflective surface has been put on the inside just below the bulb to reflect all the light through the yellow Lens. Dimensions are Top Lena 2 3/8 inches tall by 3 5/8 inches round diameter with a flat top; Bottom Casing is 1 1/2 inches tall by 4 3/4 inches round diameter; Total height is 3 5/8 inches since the top lens and bottom casing slightly overlap.

The above two emergency lights were designed cosmetically to meet the different conditions they will be functioning in, but also to be pleasing to the buying public.

In the future, after more research has been done, I might be interested in discussing the possibility of manufacturing strobe Lights as OEM emergency flashers for automobiles and light trucks, and also new concepts for the heavy trucking industry.

Thank you for your valuable time. If you have any questions, please feel free to contact me at the above address, or by phone (1-800-824-5106).

Sincerely,

Rudi Haenisch Manager Sales

RH/DC

ID: 20832.ztv

Mr. Joel Martin
1231 SW 3^rd Ave
Suite 123C Building A
Gainesville, FL 32601

Dear Mr. Martin:

Thank you for your fax of October 19, 1999, asking for information on "how I can apply for a financial exemption for a new manufacturer of 49cc Scooters." You relate that the manufacturer "meets all the CFR requirements," but is concerned that one of the lamp manufacturers does not label his product with a DOT symbol. You report, however, that "the light in testing meets the National Highway Traffic Safety Administration testing standards."

Mr. Vinson of this Office, with whom you spoke, recalls that the lamp in question is the headlamp for motor driven cycles. Paragraph S7.2(a) of Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices and Associated Equipment, requires the lens of any headlamp used on a motor vehicle, including motor driven cycles, to be marked with the symbol DOT which shall constitute the certification required by 49 U.S.C. 30115. If the headlamp is not so marked, and if testing of the headlamp shows compliance with the motor driven cycle headlamp specifications of SAE J584 April 1964, that would afford a basis upon which its manufacturer could certify compliance. In that event, a temporary exemption would not be required. Please note that S7.9.5 requires that headlamps meeting SAE J584 must also have the word "motorcycle" permanently marked on the lens.

Our temporary exemption procedures are set forth in 49 CFR Part 555. Because of the statutory requirement that we afford the public an opportunity to comment on petitions for exemptions, the process from receipt of an acceptable petition to action on it requires three to four months. While you may submit it on behalf of the manufacturer, the manufacturer must sign the petition. If the manufacturer is located outside the United States, it must first designate an agent for service of process pursuant to 49 CFR 551.45.

A person who is not a manufacturer of a motor vehicle certified for sale in the United States may import a non-conforming motor vehicle for research or investigations pursuant to 49 CFR 591.5(j)(1) and (2)(i) after receiving written permission from the agency (49 CFR 591.6(f)(1)).

You may access our regulations at in Title 49 Code of Federal Regulations through website

www.nara.gov/fedreg.

If you have any further questions, you may telephone Mr. Vinson (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref.567#108
d.12/6/99

ID: nht90-2.2

TYPE: INTERPRETATION-NHTSA

DATE: APRIL 8, 1990

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: BILL WALTZ -- WAGNER DIVISION, COOPER INDUSTRIES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 10-13-89 TO STEPHEN WOOD FROM BILL WALTZ ATTACHED; (OCC 4056). TEXT:

This is in reply to your letter requesting permission for deviations from marking requirements for round sealed beam headlamps.

Wagner has been asked to assemble some Headlamps designed to appear as closely as possible to those produced by Guide Lamp in the 1950's. The lamps would be marked "1" and "2" in accordance with the nomenclature of the day, rather than "2D1", "1C1", and "2C1", as required by Standard No. 108. The DOT symbol would not be provided, "since this obviously was not on the original lamps." You have informed us that the lamps will be made to today's photometric standards" and "subjected to all the tests curren tly required of the round headlights." Finally, "they will be distributed on a limited basis through antique parts dealers."

I am sorry, but we have no authority to exempt manufacturers of motor vehicle equipment from any requirements of the Federal motor vehicle safety standards. Our temporary exemption authority under 15 U.S.C. 1410 extends only to motor vehicles. Further, we have no authority to exempt manufacturers of either vehicles or equipment from their statutory obligation to certify through use of the DOT symbol that their products meet all applicable Federal motor vehicle safety standards.

Under Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment, the motor vehicle lamps which you have identified, and for which you ask an exemption are designated Type C and Type D sealed beam headlamps. As su ch, they must be designed to conform to the photometric requirements of SAE Standard J579c, December 1978, which are incorporated by reference in Standard No. 108. They are considered replacement equipment, and must conform to all requirements of standa rd No. 108, including marking and certification.

Standard No. 108 covers both original and replacement vehicle equipment. Depending on the vehicle category, it became effective for original equipment on January 1, 1968, and January 1, 1969. On January 1, 1972, it became effective for equipment intende d to replace original equipment on all motor vehicles manufactured on and after January 1, 1972. Therefore, it might appear that the standard would not apply in any event to replacement equipment for 1950's vehicles. However, the headlamps you describe are designed to conform to all contemporary requirements, except marking and certification. Even though intended for use on 1950's vehicles, these circular headlamps are interchangeable with circular headlamps installed on any vehicle manufactured after the effective dates of Standard No. 108. Therefore, they must be designed to conform with Standard No. 108, and marked and certified accordingly.

The intended markings "1" and "2" would signify mistakenly that the headlamps were designed to conform to SAE standard J579a, October 1965 (which also did not require the OT symbol on the lens). Until June 1989, SAE J579a was incorporated in Standard No. 108 as a permissible option to SAE J579c, but the agency deleted it as the lamps appeared to be out of production. However, even had J579a been retained, we could not have allowed the lenses of headlamps manufactured to J579c to be marked according to J579a.

ID: 1811y

Mr. Thomas C. Gravengood
Agap'e Plastics Inc.
Grand Rapids, MI 49504

Dear Mr. Gravengood:

This is in reply to your letter of April 3, l989, to this Office enclosing samples of plastic lenses. Your company manufactures "heated lights" which appear beneficial in melting snow that accumulates on them in the winter months. In your letter, you stated:

"All lights, lenses, and materials to assemble the heated safety lights have already been certified and passed the Motor Vehicle Safety Standard No. l08. We have been advised by the National Highway Traffic Safety Administration that there is no motor vehicle safety standard no. for heated lights. In order for us to do business at the O.E.M. level we require a letter of approval from you to us that we may pass on to our customers so they may start ordering and we may start producing."

We have no authority to "approve" or "disapprove" items of motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, an equipment manufacturer "approves" each of its own products that are subject to a Federal motor vehicle safety standard by certifying that it meets all applicable Federal motor vehicle safety standards, or (if it is a vehicle manufacturer), that the vehicle on which the lamp is installed, complies with the standards. However, we can advise you of the relationship of your product to Standard No. l08. This should prove helpful in dealings at the O.E.M. level.

There are two types of O.E.M. lighting equipment: lamps that are required by Standard No. l08, and supplementary lamps that do not come under its coverage. Although your product literature indicates that the highmounted heated taillamp supplements the original equipment lamp, it is not clear whether the heated signal lamp serves as the required signal lamp or is a supplement to the original equipment. Accordingly, this letter discusses how Standard No. l08 treats both original required and original supplemental lighting equipment.

If you are the manufacturer of original lighting equipment required by Standard No. 108, but not the manufacturer of the vehicle on which it is installed, the vehicle manufacturer, and not you, has the legal responsibility under the Act and Standard No. l08 of ensuring that the equipment complies with the standard, and of certifying that the vehicle meets all applicable Federal motor vehicle safety standards. As a practical matter, however, vehicle manufacturers generally insist that equipment manufacturers provide assurance that their products meet Federal standards, but the "certification" they may insist upon is not required by the Act. You are correct that there is no standard that applies to heated lamps as such. The Federal standard that applies is the one imposed by Standard No. l08 for the particular equipment item (taillamps or signal lamps in this instance).

If you are manufacturing a lamp as an original equipment supplement to required original lighting equipment, the burden remains on the vehicle manufacturer who installs it. The only restriction on a supplementary lamp that Standard No. l08 imposes is that it not impair the effectiveness of the required lighting equipment (paragraph S4.1.3). Your lamps "splice into" the wiring for the taillamps and "marker lamps", according to your product literature. Therefore, it is incumbent upon the vehicle manufacturer to ensure that this installation does not negatively affect the performance of the required taillamps and signal lamps, or otherwise impair its effectiveness. If the vehicle manufacturer determines that no impairment exists, then it may certify that its vehicles comply with all applicable Federal motor vehicle safety standards.

Observing that the product literature depicts the heated taillamp installed in the upper corners of a school bus body, we must also call attention to an additional provision of Standard No. l08. The location depicted is one that is frequently used for the clearance lamps required by Standard No. l08. Paragraph S4.4 of Standard No. l08 forbids the optical combination of clearance lamps and taillamps. Thus, your lamp cannot optically combine these two functions if it is to be used as new vehicle equipment.

Other enclosures to your letter indicate that at present the heated lamp is being installed on buses in use, that is to say, as non-original equipment. The requirements imposed by Standard No. l08 and the Act for aftermarket manufacturers of lighting equipment differ from those for original equipment. If the lamp you produce is intended to replace an original equipment certified lamp, it is considered replacement equipment. As a manufacturer of a replacement taillamp or signal lamp, the legal obligation to produce a complying equipment item falls squarely upon you, as does the certification responsibility. If the lamp is intended only to replace a supplemental lamp, you are not required to certify. However, there may be instances in which your lamp is interchangeable with original certified equipment, and even though you may not intend it as replaceable lighting equipment, you may encounter questions from state and federal authorities if it is not manufactured and certified in accordance with Standard No. 108.

Finally, you should be aware of your responsibilities under the Act in the event that your products do not comply with Standard No. l08, or incorporate a safety related defect (an example would be the inability of the lens to withstand the heat produced during the lamp's operation without warping or cracking). If you or this agency determine that a noncompliance or safety related defect occurs in any item of replacement equipment that you manufacture, you have the obligation to notify purchasers, and to remedy the problem through repair, repurchase, or replacement of the item. With respect to original equipment, this obligation falls upon the manufacturer of the vehicle on which it is installed.

If you have any further questions we shall be happy to answer them. We are returning your samples.

Sincerely,

Stephen P. Wood Assistant Chief Counsel for Rulemaking

/ref:108 d:5/l6/89

ID: nht89-1.64

TYPE: INTERPRETATION-NHTSA

DATE: 04/03/89

FROM: THOMAS C. GRAVENGOOD -- AGAPS PLASTICS INC

TO: NHTSA CHIEF CONSEL

TITLE: REF: FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 108 - HEATED SAFETY LIGHTS FOR VEHICLES DRIVEN IN WINTER WEATHER.

ATTACHMT: ATTACHED TO LETTER DATED 05/16/89 FROM STEPHEN P. WOOD -- NHTSA TO THOMAS C. GRAVENGOOD; REDBOOK A33; STANDARD 108; ALSO ATTACHED TO LETTER DATED 08/11/89 FROM STEPHEN WOOD TO GEORGE VANSTRATEN

TEXT: PER MY TELEPHONE CONVERSATION WITH MR. TAYLOR VINSON ON FRIDAY, MARCH 31, 1989, PLEASE FIND LITERATURE, SAMPLES AND SPECS OF OUR NEW HEATED SAFETY LIGHTS/LENSES.

FOR THOSE WHO DRIVE IN THE SNOW STATES IT OFTEN BECOMES DIFFICULT OR IMPOSSIBLE TO SEE THE LIGHTS OF VEHICLES AHEAD AND BEHIND. THE HEATED SAFETY LIGHT ELIMINATES THE ICE AND SNOW BUILD-UP FORMING THE CRUST THAT BLOCKS OUT VEHICLE LIGHTS.

AT THIS POINT, HEATED SAFETY LIGHTS HAVE BEEN PURCHASED BY THE STATE OF MICHIGAN FOR USE ON HEAVY SNOW REMOVAL EQUIPMENT, SCHOOL DISTRICTS FOR SCHOOL BUS LIGHTS, AND OTHER PURCHASES BY SEMI TRAILER REPLACEMENT PARTS DEALERS. THE HEATED SAFETY LIGHTS HAVE PROVED VIABLE AND ARE PERFORMING AS ADVERTISED IN THE ENCLOSED BROCHURE. THE LIGHTS ARE REORDERING AND NEW ORDERS ARE COMING IN FROM A SMALL AD PLACED IN A TRUCK MAGAZINE.

AGAP'E PLASTICS HAS BEEN APPROACHED BY VAN STRATEN TO TAKE OVER THE ASSEMBLYING OF THIS LIGHT TO INCREASE THE PRODUCTION NUMBERS AND SALES. WE ARE IN THE PROCESS OF SETTING UP A MULTIPLE PRODUCTION SYSTEM, AND ARE WORKING ON A NATIONAL MARKETING PROG RAM THAT WILL PUT US IN TOUCH WITH CUSTOMERS IN TWO DIFFERENT SEGMENTS OF SALES.

ALL LIGHTS, LENSES, AND MATERIALS TO ASSEMBLE THE HEATED SAFETY LIGHTS HAVE ALREADY BEEN CERTIFIED AND PASSED THE MOTOR VEHICLE SAFETY STANDARD NO. 108. WE HAVE BEEN ADVISED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION THAT THERE IS NO MOTOR VEHICLE SAFETY STANDARD NO. FOR HEATED SAFETY LIGHTS. IN ORDER FOR US TO DO BUSINESS AT THE O.E.M. LEVEL WE REQUIRE A LETTER OF APPROVAL FROM YOU TO US THAT WE MAY PASS ON TO OUR CUSTOMERS SO THEY MAY START ORDERING AND WE MAY START PRODUCING.

IF YOU HAVE ANY QUESTIONS, CONTACT TOM GRAVENGOOD OR TOM ALT. AT AGAP'E PLASTICS, 616/363-1191. WE ARE LOOKING FORWARD TO HEARING FROM YOU IN THE VERY NEAR FUTURE. THANK YOU.

SINCERELY,

ID: nht91-7.18

DATE: November 25, 1991

FROM: Don Weidman -- Manager, Special Projects, The Grote Manufacturing Company

TO: Paul Jackson Rice -- Chief Council, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 12-10-91 from Paul Jackson Rice to Don Weidman (A38; Std. 108)

TEXT:

On May 15, 1990 in the Federal Register Docket 88-17 Notice 2 a final rule was issued to become effective on December 1, 1990 requiring vehicles 80 inches or more in width to have stop and turn lamps with 75cm(2) of "effective projected luminous lens area" (EPLLA).

This occurred when NHTSA adopted SAE J-1395 April 85 for turn lamps and J-1398 May 85 for stop lamps.

Question is how will these new larger requirements affect the agriculture vehicles and implements when they are traveling on the highways?

Presently SAE J-137 June 89 covers lighting and marking of agriculture equipment on highways.

It requires a single tail light which meets J-585 and has no area requirements.

It requires at least two amber flashing warning lamps conforming to J-974. J-974 requires the lamp to have an effective projected illuminated area of 12 in(2).

Paragraph 3.14 of SAE J-137 states "when turn indicators are provided the amber flashing warning lamps shall be used as turn indicators".

What lighting and safety equipment standards must the agriculture equipment comply with to be legal when operating on the highways FMVSS-108 or SAE J-137?

If the warning lamp also serves as a turn signal lamp and the 12 in(2) effective projected illuminated lens area required in J-974 is measured by including all illuminated areas such as lens legs, and screw bosses will this be considered legal when operating on the highways?

We would appreciate knowing NHTSA's position on this issue.

We have one of our customers in the process of making a decision on their future purchases of lighting devices, therefore we would appreciate receiving your reply as soon as possible.