ID: nht90-3.96

TYPE: Interpretation-NHTSA

DATE: September 12, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: M. Guy Dorleans -- Manager, Regulatory Affairs Department Division Elairage-France, Valeo

TITLE: None

ATTACHMT: Attached to letter dated 7-19-90 from G. Dorleans to P.J. Rice (OCC 503); Also attached to a study entitled Aiming Concept for Headlamps, Solution 3; Also attached to drawing (graphics omitted)

TEXT:

This is in further reply to the letter you and Monsieur Ravier sent on July 19, 1990, with respect to the acceptability of "Aiming concept for headlamps. Solution 3" under Motor Vehicle Safety Standard No. 108. Ms. DeMeter informed Monsieur Ravier on A ugust 8, 1990, that your request for confidentiality of the drawing enclosed had been granted. You did not make a similar request for treatment of your two-page description of Solution 3, and accordingly we are incorporating it by reference in this lett er, and it will be made a part of all public copies of this interpretation.

Section S7.7.5 of Standard No. 108 states that "When a headlamp system is installed on a motor vehicle, it shall be aimable with either an externally applied aiming device, or on-vehicle headlighting aiming devices installed by the vehicle manufacturer." Section S7.7.5.1 sets forth the requirements for external aiming, and section S7.7.5.2 those for on-vehicle aiming. Solution 3 features a lamp which has three aiming pads on the lens, for use with a mechanical aiming device in accordance with SAE requ irements. However, the lamp also has a movable reflector and various horizontal and vertical aim features that appear to be related to on-vehicle aiming. The horizontal and vertical aiming screws, while having markings of angles similar to that require d for on-vehicle aiming devices, are used exclusively in conjunction with the SAE mechanical aiming device. Therefore, we would consider Solution 3 to be a lamp system intended to be aimable by external means, as provided in section S7.7.5.1.

Since this system departs from the procedure normally used with the SAE mechanical aimers, we commend you in your intent to provide appropriate aiming instructions for such headlighting systems with the vehicles operator's manual, even though it is not r equired by Standard No. 108.

I hope that this is responsive to your question.

ID: 15305.ztv

Mr. Mark A. Evans
Photometric Engineer
Calcoast - ITL Lighting Technology
P.O. Box 8702
Emeryville, CA 94662

Dear Mr. Evans:

This is in reply to your letter of May 16, 1997, to Messrs Van Iderstine and Boyd of this agency. For your future reference, the Office of Chief Counsel has been designated as the Office of the National Highway Traffic Safety Administration responsible for providing legal interpretations of the Federal motor vehicle safety standards.

You ask what components of a headlamp must be included when a corrosion test is conducted on it pursuant to Federal Motor Vehicle Safety Standard No. 108. Specifically you ask whether it is "just the housing lens, reflector and bulb?" Because paragraph S8.4(b) "makes a reference to unfixtured," you also ask whether that implies that "the aim and mounting hardware should be included?" Finally, because the connector is to be attached to the bulb, you ask whether that makes "the bulb compression spring a headlamp component?"

The performance requirements to which paragraph S8.4 relates are set forth in paragraph S7.4(h)(3) (applicable to integral beam headlamps) and paragraph S7.5(i) (applicable to replaceable bulb headlamps). These paragraphs require that, after a corrosion test of a headlamp conducted according to paragraph S8.4, "there shall be no evidence of external or internal corrosion or rust visible without magnification." When a headlamp is tested as provided in paragraph S8.4, it is to be tested "with connector attached to the terminals, unfixtured . . . ." Paragraph S4 defines a headlamp test fixture as a test device "whose mounting hardware and components are those necessary to operate the headlamp as installed" on a motor vehicle.

Since the headlamp is to be tested unfixtured, this means that a test headlamp need not be equipped with mounting hardware and associated components at the time of testing for corrosion resistance. However, all other components of the headlamp would be subject to the corrosion test, including its aiming hardware (if so equipped) and the bulb compression spring, and be required to comply with corrosion resistance requirements specified by Standard No. 108.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.6/24/97

ID: aiam0701

Dear Mr. Quinn: This is in reply to your letter of May 5 on behalf of your client Le Ross. Mr. Ross has developed a motor vehicle deceleration warning system that, as described by you, activates two amber lights on the rear of a vehicle. Your letter indicate that these lamps would be incorporated into a vehicle back-up lamp system and that Mr. Ross envisions his system as an aftermarket accessory item rather than as new vehicle original equipment. You state your understanding that Motor Vehicle Safety Standard No. 108 would not preclude marketing the system as an aftermarket accessory, and that back-up lamps are required to be white in color. You ask our advice whether Standard No. 108 prohibits amber lamps in the back-up lighting system and, if so, whether a proposal for amendment of the Standard to allow the system would be feasible.; Standard No. 108 would in certain instances preclude the aftermarke sale of an amber deceleration warning system incorporated into a back-up lamp system. Standard No. 108 as of January 1, 1972, does cover certain aftermarket equipment items, and in some instances would preclude the sale of a back-up light system with amber lamps. Lighting equipment manufactured on or after that date as replacement for similar equipment on vehicles manufactured on or after January 1, 1972, must meet Standard No. 108 which, as you have noted, requires that the color of the back-up lamps be white. Federal law would not preclude sale of this system for use on motor vehicles manufactured before January 1, 1972, or purchase of an amber system by the owner of a vehicle manufactured after that date if he wished to change over from a white to amber system. As a practical matter, however, I believe That(sic) virtually every State has a requirement that back-up lamps be white, and that a back-up light with amber bulbs or lenses would be forbidden. Standard No. 108 would not preclude sale of the Ross System as a separate lighting device. I do not know what position the States would take on such a matter.; Our research contracts on deceleration warning system indicate tha further development and testing under field conditions is necessary before specific proposals can be made by NHTSA. Therefore, I do not think action on a proposal by Mr. Ross would be feasible at this time, though we would welcome his comments to our Docket 69-19 as a comment to be considered in future rulemaking on this subject.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: 2400y

Mr. Bill Waltz
Wagner Division
Cooper Industries, Inc.
155 Algonquin Parkway
Whippany, NJ 07981

Dear Mr. Waltz:

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 l950's. The lamps would be marked "l" and "2" in accordance with the nomenclature of the day, rather than "2Dl", "1C1", and "2C1", as required by Standard No. l08. 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 currently 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 l5 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. l08 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 such, they must be designed to conform to the photometric requirements of SAE Standard J579c, December l978, which are incorporated by reference in Standard No. l08. They are considered replacement equipment, and must conform to all requirements of Standard No. 108, including marking and certification.

Standard No. l08 covers both original and replacement vehicle equipment. Depending on the vehicle category, it became effective for original equipment on January 1, l968, and January 1, l969. On January 1, l972, it became effective for equipment intended to replace original equipment on all motor vehicles manufactured on and after January 1, l972. Therefore, it might appear that the standard would not apply in any event to replacement equipment for l950'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 l950's vehicles, these circular headlamps are interchangeable with circular headlamps installed on any vehicle manufactured after the effective dates of Standard No. l08. Therefore, they must be designed to conform with Standard No. l08, and marked and certified accordingly.

The intended markings "l" and "2" would signify mistakenly that the headlamps were designed to conform to SAE Standard J579a, October l965 (which also did not require the DOT symbol on the lens). Until June l989, SAE J579a was incorporated in Standard No. l08 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.

Sincerely,

Stephen P. Wood Acting Chief Counsel

/ ref:l08 d:4/8/90

ID: nht75-6.30

DATE: 06/10/75

FROM: NANCY KOLODNY -- STAFF ATTORNEY FORD MOTOR CO.

TO: RICHARD B. DYSON -- ASSISTANT CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEPARTMENT OF TRANSPORTATION

TITLE: 1975 MONARCH REAR TAILLAMP PART NO. (2)(A)(2) - IP2R(2)S(3)T75CT

ATTACHMT: ATTACHES TO A LETTER DATED 8/18/75 FROM JAMES C. SCHULTZ -- NHTSA CHIEF COUNSEL TO NANCY KOLODNY -- FORD MOTOR'S GENERAL COUNSEL; N40 30(ZTV)

TEXT: We are writing to seek the express confirmation of the National Highway Traffic Safety Administration (NHTSA) of the preemptive effect of Federal Motor Vehicle Safety Standard 108, 49 CFR 571.108 ("Standard 108") on passenger car lighting, as was provided by NHTSA in Motorcycle Industry Council, Inc. v. Younger, No. Civ. S74-126 (D.C.E.D. Cal., Sept. 24, 1974).

This request is being made so that we may respond to the attached correspondence (Attachment I) from Mr. Warren M. Heath, Commander, California Highway Patrol, concerning compliance with Section 25950 * of the California Vehicle Code by the 1975 Monarch rear taillamps. Mr. Heath's letters of April 8 and May 25 contend that the amber lens applied over a red lens on one of the Monarch taillamp compartments violates that provision of the California Vehicle Code Section 25950 which does not permit a taillamp to be amber when unlighted. On this basis, Mr. Heath has stated that similarly equipped 1976 model year Monarchs will not be eligible for registration in California.

* Section 25950 provides in pertinent part: "(b) All lamps and reflectors visible from the rear of a vehicle shall be red, except that stop lamps, turn signal lamps and front side-marker lamps required by Section 25100 may show amber to the rear.

This section applies to the color of a lamp whether lighted or unlighted, and to any reflector exhibiting or reflecting perceptible light of 0.05 candlepower or more per foot - candle of incident illumination, except that taillamps, stop lamps and turn signal lamps visible to the rear may be white when unlighted."

We believe the provisions of Section 25950 are preempted by Standard 108, and that pursuant to Section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 USC 1392(d)), California is precluded from the enforcement of any nonidentical standard.

As the NHTSA has confirmed on several occasions, the Standard's lighting requirements are intended to be comprehensive and exclusive, and leave no room for differing state standards. The statement of the Administrator cited by the Court in the Motorcycle Industry Council judgment is particularly pertinent here where California seeks to enforce a differing standard for the precise function (i.e., taillamp color) covered by Standard 108. (Letter from James B. Gregory, Administrator NHTSA, to W. Pudinski, Commissioner, Dept. of Highway Patrol, dated Nov. 8, 1973, N40-30 (RBD).)

Compliance of the Monarch rear lamps with the requirements of Standard 108 has been confirmed by tests conducted at Ford. (Attachment II) Therefore, we seek an opinion on the issue of preemption with respect to the differing California requirements of Section 25950.

For your assistance, we are enclosing color photos of the Monarch and Monarch Ghia rear lamps which demonstrate their appearance when lighted and unlighted. (Attachment III) Photo #1 is of the Monarch rear lamp unlighted. Photo #2 shows the taillamp (3 exterior red compartments) lighted. Photos #3 and #4 are of the Monarch Ghia.

If you have any questions on this matter, please so inform me. I may be reached by telephone at (313) 337-6462. We hope to receive a response at your earliest convenience.

Sincerely,

ID: 1977y

Mr. George A. Van Straten
President
Van Straten Heated Tail Light Co. Inc.
Route l, Box 224
Baraga, MI 49908

Dear Mr. Van Straten:

This is in reply to your letter of July 12, l989, to this Office, requesting a copy of any agency correspondence with Thomas Gravengood, as well as an interpretation of Federal requirements as they apply to heated motor vehicle lamps produced by your company. Your company manufactures "heated lights" which are intended to melt snow that accumulates on them in the winter months. In Mr. Gravengood's letter of April 3, l989, to us he 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 S5.1.3, formerly 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 S5.4 of Standard No. l08 (formerly S4.4) 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. As you requested, we are enclosing a copy of Mr. Gravengood's letter of April 3.

Sincerely,

Stephen P. Wood Acting Chief Counsel

/ref:108 d:8/ll/89

ID: aiam4653

"Dear Mr. Holmes: This is in reply to your letter of September 28 1989, with respect to two lighting devices known as the Strobalarm and the Spotlight Alarm. You are interested in selling these devices in the aftermarket, and have asked whether they would be in violation of any of the standards and regulations of this agency. These devices are 'designed to be used only when a vehicle is parked or broken down.' As we understand your letter and the materials you enclosed, both devices can be incorporated into existing alarm systems, to indicate when an attempted theft is in progress. The 'locator' feature of the devices allows activation from a distance of 400 feet, enabling an approaching owner to easily identify his vehicle. With the use of a pink colored lens, the Strobalarm is intended to serve as an 'emergency distress flare.' You have enclosed two color renderings of these devices, titled 'Interior/Strobe Alarm Light,' and 'Alarm Strobe Light Collision Avoidance Light.' The Federal law and regulation that must be considered to answer your question are the National Traffic and Motor Vehicle Safety Act (Title 15, United States Code, Sections 138l and following), and Federal Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices and Associated Equipment (Title 49, Code of Federal Regulations, Section 571.108), and Standard No. lll Rearview Mirrors (49 CFR 571.111). Under Section 1397(a)(2)(A) of the Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not render inoperative, in whole or in part, any item of equipment installed in accordance with a Federal motor vehicle safety standard. You will note that this prohibition does not extend to the vehicle owner. Thus, the question to be addressed is whether the installation of either device by a manufacturer, distributor, dealer, or motor vehicle repair business would affect the performance of required safety equipment. The 'Interior Strobe/Alarm Light' appears intended as a 'dome' light, mounted centrally on the headliner above the passenger seats. In this position it has the potential to affect the field of view of the inside rear view mirror required by Standard No. lll, as prescribed by paragraph S5.1.1 (copy enclosed). If the field of view is not met, an outside rearview mirror must be provided on the passenger side. You have not provided the dimensions of this device, and we are unable to advise you further. Other than this cautionary note, the 'Interior Strobe/Alarm Light' does not appear affected by the laws and regulations of this agency. It would, however, be subject to state and local laws where it is sold and used. We are unable to advise you on these, and suggest you contact the American Association of Motor Vehicle Administrators (AAMVA) for an opinion. Its address is 4600 Wilson Boulevard, Arlington, VA 22203. The 'Alarm Strobe Light Collision Avoidance Light' raises another consideration. The collision avoidance portion of the lamp appears intended to serve as a center highmounted stop lamp. Under paragraph S5.4 of Standard No. l08, the center lamp may not be combined with any other lamp or reflective device. Thus, removal of an original equipment center lamp and substitution of your device by a person other than the vehicle owner would be regarded as partially rendering inoperative the original safety equipment, even if your device complied with all other requirements for the center lamp. The center lamp has been required on all passenger cars manufactured on or after September 1, l985. The restriction does not apply, of course, to installation on passenger cars manufactured before September 1, l985, or other types of motor vehicles regardless of date of manufacture. Consideration must still be given, however, to continued compliance with Standard No. lll, and to whether any state specifications exist covering aftermarket center stop lamps. Again, the AAMVA may be able to help you. I hope that this information is useful to you. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosure /";

ID: nht92-8.34

DATE: March 5, 1992

FROM: J. W. Lawrence -- Manager, Compliance and Technical Legislation, Volvo GM Heavy Truck Corporation

TO: Administrator -- NHTSA

TITLE: Petition for Rulemaking - FMVSS-108 Turn Signal Installation Requirements

ATTACHMT: Attached to letter dated 10/5/92 from Paul Jackson Rice to J. W. Lawrence (A-40; Std. 108)

TEXT:

The Administration established a new requirement for FMVSS-108 turn signals in Federal Register Vol. 56, No. 239, pp 64733 dated December 12, 1991 constituting an act of rulemaking without opportunity for comment and therefore in violation of 49 CFR Part 553. Volvo GM Heavy Truck Corporation respectfully petitions for the revocation of the "Figure 2" requirements published in the December 12, 1991 Register and restore the Standard to its prior status as amended May 15, 1990 in FR 55, No. 94.

This petition is filed in accordance with the requirements of 49 CFR Part 552, by Volvo GM Heavy Truck Corporation of 7900 National Service Rd., Greensboro, N. C. 27409. Volvo GM Heavy Truck Corporation manufacturers heavy duty trucks.

TECHNICAL DISCUSSION SUPPORTING THE PETITION

1. Docket 88-17 Notice 2 (FR 55, No. 94; May 15, 1990) upgraded the safety standard's SAE referenced requirements from "J588e September 1970" to "J1395, April 1985". The substantive portion of this change in FMVSS-108 is an increase in the lens luminous area from 8 sq. inches to 12 sq. inches.

SAE J1395, April 1985 was therefore incorporated as-is into 49 CFR Part 571.108 applicable to both front and rear turn signal lamps for vehicles over 80 inches wide.

2. "SAE J1395, April 1985" Installation Requirements are as follows:

"Signals from lamps on both sides of the vehicle shall be visible through a horizontal angle from 45 deg. to the left for the left lamp to 45 deg. to the right for the right lamp." (emphasis added)

3. Federal Register notice Vol. 56, No. 239, December 12, 1991 contains technically inaccurate information upon which the Administration has presumably based its interpretation and resulting rulemaking. The FR notice states in part as follows:

"Thus, the turn signals on both sides of the vehicle must be simultaneously visible through a horizontal angle from 45 degrees originating at the left lamp, to the left to 45 degrees to the right originating at the right lamp measured at a radius of 3 meters." (emphasis added) The requirement for "simultaneously visible" does not appear in SAE J585e,

SAE J1395 Apr. 85, SAE J1398 May 85 or in the May 1990 amendment to FMVSS-108.

The Administration should also be advised that the 3 meter requirement in SAE J1395 is for photometric measurement and has no connection to the 45 installation visibility which is the ability to observe 13cm2 (2 sq. inches) of outer lens surface at the 450 viewing angle.

4. FMVSS-108 Table I for vehicles over 80 inches wide requires 2 red or amber and 2 amber turn signal lamps. Table II "location of required equipment" for Truck, Bus and MPV over 80 inches wide does not require the turn signals be located on the rear except for trailers.

Turn signals are intended to signal pending maneuvers not mark the end of the vehicles.

In summary we wish to reaffirm that our petition is necessary to correct an unfortunate circumstance created by an inaccurate reference which has now become a requirement.

Encl. FR Vol. 56, No. 239; December 12, 1991; pp 64733-64737

ID: 571.108--NCC-230201-001 LED Headlights_ M. Baker

February 13, 2024

Mr. Mark Baker, B.S.E.E. Soft Lights

9450 SW Gemini Drive PMB 44671

Beaverton, OR 97008

mbaker@softlights.org

Dear Mr. Baker:

This responds to your letter and email dated June 27, 2021 and October 31, 2021, respectively, regarding the legal status and safety of motor vehicle headlamps that use light-emitting diode (LED) technology as the light source. Please note that our answer below is based on our understanding of the specific information provided in your letter and email.

You ask about the “legality of LED headlights.” You state your belief that Federal Motor Vehicle Safety Standard (FMVSS) No. 108 does not regulate “peak luminance, absolute spectral power distribution or flicker” and that the standard “only applies to spherical emitters such as tungsten- filament and gas-discharge and is not applicable to non-uniform luminance flat-source emitters such as LED chips.” You ask whether it is “NHTSA’s position that FMVSS No. 108 is only applicable to uniform luminance emitters which can be regulated by setting maximums for luminous intensity without the need of setting peak luminance maximums” and whether “NHTSA [has] approved the use of spatially heterogeneous visible radiation for use as the light source used in vehicle headlights.” You state your concerns about adverse health impacts due to the performance characteristics of LEDs, such as high peak luminance, high-color temperature, high-energy blue wavelength light, and flicker. You request NHTSA’s opinion about the “sufficiency” of FMVSS No. 108 regarding these health concerns.

We understand you to use “uniform luminance emitters” to refer to filament (halogen/tungsten) and high-intensity discharge (HID) light sources, and “non-uniform” or “heterogenous emitter” to refer to LED light sources. We therefore understand you to be asking whether LEDs are legal as a light source in motor vehicle headlamps under FMVSS No. 108, and, if they are legal, what is NHTSA’s position on the safety of LED light sources in headlamps with respect to “eye safety, mental safety, and visual performance.”

Background

NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act, 49 U.S.C. Chapter 301) to issue FMVSS that set performance requirements for new motor vehicles and new items of motor vehicle equipment. The Safety Act requires manufacturers to self-certify that their vehicles and equipment conform to all applicable FMVSS in effect on the date of manufacture. NHTSA also investigates safety-related defects.

FMVSS No. 108, “Lamps, reflective devices, and associated equipment,” applies to “[p]assenger cars, multipurpose passenger vehicles, trucks, buses, trailers (except pole trailers and trailer converter dollies), and motorcycles” and covers, among other things, “original and replacement lamps, reflective devices, and associated equipment” for motor vehicles. The standard specifies performance requirements for headlamps. The most common types of headlamps are integral beam (S10.14) and replaceable bulb (S10.15, S11) headlamps.

NHTSA has stated that LED light sources are permitted as part of an integral beam headlamp if they are wired in series such that a failure of one LED would cause all the LEDs to cease functioning, and they otherwise comply with all relevant FMVSS.1 Paragraph S4 of FMVSS

No. 108 defines an integral beam headlamp as “a headlamp … comprising an integral and indivisible optical assembly including lens, reflector, and light source, except that a headlamp conforming to paragraph S10.18.8 or paragraph S10.18.9 may have a lens designed to be replaceable.” The standard does not contain performance requirements for a light source that is part of an integral beam headlamp, but instead specifies performance requirements for the complete headlamp. These include (among other things) photometry, through minimum and maximum candela at specified test points,2 color, which must remain within specified boundaries,3 and that the headlamp be steady burning.4

While LED light sources that are part of an integral beam headlamp are permitted as noted above, no LED light source is currently permitted to be used in a replaceable bulb headlamp. FMVSS No. 108 contains specific requirements for the replaceable light sources (i.e., bulbs) used in replaceable bulb headlamps. These requirements are intended to support light source interchangeability. Paragraph S11 of the standard requires that “[e]ach replaceable light source must be designed to conform to the dimensions and electrical specifications furnished with respect to it pursuant to part 564 of this chapter[.]”5 Part 564 requires that replaceable bulb manufacturers submit to NHTSA for review and acceptance various design specifications for the bulb. If accepted, this design information is then placed in a publicly available docket to facilitate the manufacture and use of those light sources. As of the date of this letter, no submission that includes LEDs as the light source for a replaceable bulb headlamp has been listed in the docket. Therefore, no LED replaceable light source may be used in a replaceable bulb headlamp.

Discussion

Pursuant to FMVSS No. 108, paragraphs S4 and S10.14, LEDs are allowed to be used as a light source in integral beam headlamps as long as the headlamp conforms to all applicable headlamp requirements in FMVSS No. 108. However, LEDs are not currently permitted in a replaceable bulb headlamp. Nevertheless, illegal LED headlamp replaceable light sources may be available for purchase on the internet, and although these lights do not conform to the requirements of FMVSS No. 108, some consumers purchase and install these LED light sources in their replaceable bulb headlamps. While NHTSA regulates the manufacture and sale of light sources, it generally does not regulate the modifications individuals make to their own vehicles. It is therefore left to State law to address installation of an LED replaceable light source in a headlamp.

FMVSS No. 108 does not directly regulate what you describe as peak luminance as measured in nits or the spectral power distribution of the headlamp light source. However, this is indirectly regulated through the headlamp performance requirements, such as the photometry and chromaticity requirements. Additionally, flicker is regulated through the requirement that lower beam headlamps be steady burning. We also note that, although FMVSS No. 108 requires that the light emitted by headlamps be white, the permissible boundary of white includes colors that may be perceived by the human eye as white with a yellow tint and white with a blue tint.6

In your communications, you raise concerns about the health impacts of LED headlamps. We are aware of concerns raised about possible adverse effects of certain LED devices, particularly as used in street lighting that emits excess blue light.7 NHTSA’s focus is on automotive safety, but the agency recognizes that separate expertise resides in sister agencies that are health-focused, such as the Food and Drug Administration.

I hope this information is helpful. If you have any further questions, please feel free to contact Eli Wachtel of my staff at this address or at (202) 366-2992.

Sincerely,
 

John Donaldson
Acting Chief Counsel

1 Letter from Stephen Wood, Acting Chief Counsel, NHTSA, to Takayuki Amma, Manager, Koito Manufacturing Co. (Dec. 21, 2005). Letter from O. Kevin Vincent, Chief Counsel, NHTSA, to Junichi Hasegawa, Stanley Electric Co. (Apr. 8, 2013). Interpretation letters are available on NHTSA’s online interpretations database at https://www.nhtsa.gov/nhtsa-interpretation-file-search.

2 Photometry requirements for headlamp systems can be found in FMVSS No. 108, Tables XVIII and XIX.

3 See FMVSS No. 108, Table I-a (headlamp color). Chromaticity requirements are pursuant to FMVSS No. 108 S14.4.

4See FMVSS No. 108 Tables I-(a and c). NHTSA has stated that “steady burning” means “light that is essentially unvarying in intensity.” See Letter from Frank Berndt, Chief Counsel, NHTSA, to United Sidecar Association, Inc. (Feb. 9, 1982). A device may fail to meet this requirement where the driver “would not see a signal that was consistent or reliable in its meaning.” See Letter from Paul Jackson Rice, Chief Counsel, NHTSA, to Bob Abernathy, Idea’s Inc. (Sept. 7, 1990) (applying steady burning in a taillamps context). In the context of a modulating motorcycle headlamp, we have stated that “there is no failure to conform if the modulating light from the lamp is perceived to be a steady beam.” Letter from John Womack, Acting Chief Counsel, NHTSA, to Joe De Sousa (March 10, 1994).

5 See Letter from John Womack, Acting Chief Counsel, NHTSA, to Nancy Tavarez, Beitrix Industries (Aug. 30, 1995) (clarifying application of Part 564 to replaceable headlamp bulbs).

6 Letter from Frank Seales, Jr., Chief Counsel, NHTSA, to Richard Hodson, (July 4, 2000) (stating that “SAE J578c defines white by blue, yellow, green, red, and purple boundaries within a chromaticity diagram. Thus, it is possible to design a headlamp that emits a light that approaches the blue boundary and is perceived as having a blue tint but which nevertheless remains within the boundaries that define "white." These headlamps would comply with the color requirements of Standard No. 108.”).

7 See “AMA adopts guidance to reduce harm from high intensity street lights,” American Medical Association, June 14, 2016, available at https://www.ama-assn.org/press-center/press-releases/ama-adopts-guidance-reduce-harm-high- intensity-street-lights.

ID: 1984-2.2

TYPE: INTERPRETATION-NHTSA

DATE: 05/21/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Hella North America Inc. -- Walter A. Genthe

TITLE: FMVSS INTERPRETATION

TEXT:

January 23, 1984

Dear Mr. Berndt:

Westfaelische Metall Industrie KG is currently designing headlamps for several automobile manufacturers.

These headlamps are designed to comply with Safety Standards 108 as amended by Docket 81-11 (latest issue: Notice 7).

Preliminary requests by our customers mandate an inclusion of parking/front position lamps and/or turn signal lamps and/or side marker lamps in the overall headlamp design.

A standard U.S. light bulb, meeting FMVSS 108 and/or applicable SAE recommended practices, will be used for these respective functions.

We intend to incorporate these functions into the headlamp compartment, retaining the bulb in question by means of a sealed attachment, similar to the one used in the C6 capsule installation.

No degradation of the system will result, since both functions are contained in one sealed compartment, covered by one common lens. No impairment of the effectiveness of the headlamp function is anticipated, nor will the headlamp impair the function of the parking/position/side marker lamp.

All photometric and environmental specifications for such lamps will be met and no component will be used which is outside the scope of FMVSS 108.

To clarify our intent, a sketch showing the principal design has been enclosed.

We are requesting a statement concerning the agency's opinion in this matter; specifically, as it concerns the legality of the proposed system, whole or in part, and solicit any suggestions as to necessary changes should the system not be in compliance with FMVSS 108, as amended by Docket 81-11.

This matter is of considerable urgency, because of design and manufacturing lead times.

A reply at yyor early convenience coud therefore be appreciated.

Very truly yours,

HELLA NORTH AMERICA INC.

Walter A. Genthe President

WAG/1h

Encls.

cc: Dr. Ernst, K 1 Mr. Westermann, K 1 Mr. Fikus, AF

Insert artwork here.

MAY 21, 1984

Mr. Walter A. Genthe President Hello North America, Inc. P.O. Box 499 Flora, Illinois 62839

Dear Mr. Genthe:

This is in reply to your letter of January 23, 1984, with respect to the inclusion of other lighting functions in a replaceable bulb headlamp compartment. These functions could include parking lamps, turn signal lamps, or side marker lamps. The bulb used would meet Standard No. 108/SAE specifications for the function chosen and they would be incorporated into the compartment bya a "sealed attachment." You represent that there will be no impairment of any function, and that the overall assembly will meet all photometric and environmental specifications. You have asked whether such a combination assembly is permissible under Standard No. 108.

The agency interprets Standard No. 108's specifications for replaceable bulb headlamps as allowing only one bulb in a lamp assembly to be used for headlighting purposes. It is silent as to whether additional bulbs may be used to provide other lighting functions. This means that such a bulb is permitted.

Obviously the inclusion of a second bulb can affect the characteristics of the assembly, whether through heat build up, the introduction of contaminants through the junction of the bulb and assembly, etc. These problems would appear to be minimized under the assumptions set forth in your letter. We believe therefore that, under these conditions, an auxiliary bulb could be included in the headlighting compartment, provided that the assembly meets all applicable requirements of Standard No. 108 for each function. Problems that may develop in service would be subject to the safety related defects authority of the National Traffic and Motor Vehicle Safety Act.

If Hella proceeds with a multi-bulb, design, we would like to request that it share with us the types of tests it will be developing which it deems necessary to insure adequate safety performance, so that our knowledge of state of the art lamp technology may be broadened.

Sincerely,

Frank Berndt Chief Counsel

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