ID: 11615ZTV

Mr. Jerry Jones
341 Jean Street
Mill Valley
CA 94941

Dear Mr. Jones:

We have received your letter of February 20, 1996, with respect to a motorcycle headlamp system that you are developing. Under your system, the headlamp is rotated about the beam axis and in a direction opposite and equal to the banking angle of the motorcycle when it is in a curve.

In its simplest form, a 5-inch motorcycle headlamp is used. A variant allows the lamp to pivot on a vertical axis. A third form "uses multiple miniature quartz reflector lamps commonly used for slide projectors and display lighting." You are interested in learning "how this device could comply with current federal regulations."

The Federal motor vehicle safety standard that applies to motorcycle headlighting systems is 49 CFR 571.108 Lamps, Reflective Devices and Associated Equipment . Table III of this standard directly incorporates SAE Recommended Practice J566 Headlamp Mountings, January 1960 , and applies it to motorcycle headlamps. It requires that "headlamps and headlamp mountings shall be so designed and constructed that . . . (3) When the headlamps are secured, the aim will not be disturbed under ordinary conditions of service." From your description, it would appear that aim would not be disturbed as your simplest design only rotates the lamp around the beam axis, thus permitting this design. However, the design that allows the lamp to pivot on a vertical axis would disturb horizontal aim within the prohibition of the SAE language quoted above.

In addition, motorcycle headlamps must comply with the specifications of Standard No. 108, none of which permit a lamp of the nature of your third variant.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:108 d:4/16/96

ID: 1918o

Mr. Byung M. Soh
Marketing Director
Target Marketing Systems, Inc.
P.O. Box 59483
Chicago, IL 60659-0483

Dear Mr. Soh:

This is in reply to your letter of June 20, 1988, with respect to two motor vehicle lighting products which you intend to import into the United States. You have asked "whether these devices require approvals from D.O.T."

First let me explain that the Department of Transportation does not "approve" or "disapprove" specific products. It does advise whether a product appears allowable under the National Traffic and Motor Vehicle Safety Act and the Federal Motor Vehicle Safety Standards.

Your letter does not indicate whether you wish to market these devices as original equipment to be installed before initial sale of a motor vehicle, by either its manufacturer or dealer, or whether you intend to market them solely through the aftermarket. I shall address each situation. The Federal motor vehicle safety standard that applies to original equipment is Standard No. l08 Lamps, Reflective Devices and Associated Equipment. Paragraph S4.1.3 of Standard No. l08 allows additional motor vehicle equipment provided that it does not impair the effectiveness of the lamps and reflectors required as original equipment. Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or above the maxima permitted by the standard. In addition, a motor vehicle must remain in conformance with Standard No. l08 (and all other safety standards) until its first purchase for purposes other than resale. There is no Federal standard that applies to your devices as aftermarket equipment, but the National Traffic and Motor Vehicle Safety Act prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or in part, original lighting equipment.

Your first device is called a "foglight converter." The advertising literature attached states that its function is to turn "the existing headlights...into foglights...." In our opinion, such a device would create a noncompliance with Standard No. l08 by rendering the headlamp function unavailable when the fog lamp converter is in use. We shall assume that the headlamp would be converted into a fog lamp meeting the specifications of SAE Standard J583 MAY8l Front Fog Lamps. None of the photometric test points of SAE J583 coincide with those specified for headlamps. Our further concern with this device is that a driver might fail to return to the headlamp mode from the fog lamp mode, and operate the vehicle with reduced frontal lighting.

The situation differs with respect to the aftermarket. Under the National Traffic and Motor Vehicle Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, equipment such as headlamps added pursuant to a Federal safety standard. We believe that the installation of the converter could affect the operability of the headlamp within the meaning of the statutory prohibition. However, we note that the foglight converter is advertised as "easy for any driver to attach to any vehicle." As an owner is not a manufacturer, distributor, dealer, or motor vehicle repair business, the owner is not restricted under Federal law from modifications to his vehicle. He is, however, subject to the laws of the States in which his vehicle is registered and operated. We are not conversant with how State lighting laws might affect use of the foglight converter, and you may wish to obtain an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We have several other comments as well. The literature you enclosed depicts the foglight converter attached to what appears to be the European-designed H-4 bulb. Standard No. l08 does not permit headlamps with H-4 light sources to be sold for use on 4-wheeled motor vehicles. In addition, the application of the device where motion is translated from the lamp's exterior to the interior by a linkage in the bulb base would affect compliance with the requirement that the bulb base withstand a pressure differential of l0 psi. Additionally, creating a hole or passage for a linkage has the potential of rendering the headlamp noncompliant with Standard No. l08's requirements for certain environmental tests, such as resistance to dust, corrosion, and humidity.

Your second device is a "headlamp intensity modulator," adjusting a headlamp beam "automatically from low to high beam through a middle beam." According to your literature, when a sensor notes the beams of an oncoming car 500 meters ahead the upper beam gradually passes through a middle beam and diminishes into a lower beam when the vehicles are 150 meters apart. This device is also advertised as capable of owner installation, and without the modification of any vehicle parts. The system appears to operate by a switch. This device directly conflicts with Standard No. l08, and its use would create a noncompliance with it. Headlamps are defined as producing upper and lower beams, and means must be provided for switching between these beams. Use of the device would alter upper and lower beam characteristics from those required by Standard No. l08, and in effect create an infinite number of beams while passing from a conforming upper beam at one extreme to a conforming lower beam at the other. This precludes its use as original equipment. We believe that its aftermarket legality would be limited. Although Federal law would not preclude an owner from installing it, the instructions are sufficiently complex that in our opinion many purchasers would seek help from a "dealer" or "motor vehicle repair business," which could not be legally given. There would also remain the question of legality with State laws.

These appear to be innovative devices and we regret that we cannot be more encouraging.

Sincerely,

Erika Z. Jones Chief Counsel

ref:108 d:9/l3/88

ID: nht88-3.100

TYPE: INTERPRETATION-NHTSA

DATE: 09/13/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: BYUNG M. SOH -- MARKETING DIRECTOR TARGET MARKETING SYSTEMS, INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 6-20-88 TO NHTSA FROM BYUNG M. SOH, TARGET MARKETING SYSTEMS, INC. OCC-2196

TEXT: This is in reply to your letter of June 20, 1988, with respect to two motor vehicle lighting products which you intend to import into the United States. You have asked "whether these devices require approvals from D.O.T."

First let me explain that the Department of Transportation does not "approve" or "disapprove" specific products. It does advise whether a product appears allowable under the National Traffic and Motor Vehicle Safety Act and the Federal Motor Vehicle Safety Standards.

Your letter does not indicate whether you wish to market these devices as original equipment to be installed before initial sale of a motor vehicle, by either its manufacturer or dealer, or whether you intend to market them solely through the aftermarket. I shall address each situation. The Federal motor vehicle safety standard that applies to original equipment is Standard No. 108 Lamps, Reflective Devices and Associated Equipment. Paragraph S4.1.3 of Standard No. 108 allows additional motor vehicle equipment provided that it does not impair the effectiveness of the lamps and reflectors required as original equipment. Effectiveness may be impaired if the device creates a noncompliance in the existing lighting equipment or confusion with the signal sent by another lamp, or functionally interferes with it, or modifies its candlepower to either below the minima or above the maxima permitted by the standard. In addition, a motor vehicle must remain in conformance with Standard No. 108 (and all other safety standards) until its first purchase for purposes other than resale. There is no Federal standard that applies to your devices as aftermarket equipment, but the National Traffic and Motor Vehicle Safety Act prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative, in whole or in part, original lighting equipment.

Your first device is called a "foglight converter." The advertising literature attached states that its function is to turn "the existing

headlights...into foglights...." In our opinion, such a device would create a noncompliance with Standard No. 108 by rendering the headlamp function unavailable when the fog lamp converter is in use. We shall assume that the headlamp would be converted into a fog lamp meeting the specifications of SAE Standard J583 MAY81 Front Fog Lamps. None of the photometric test points of SAE J583 coincide with those specified for headlamps. Our further concern with this device is that a driver might fail to return to the headlamp mode from the fog lamp mode, and operate the vehicle with reduced frontal lighting.

The situation differs with respect to the aftermarket. Under the National Traffic and Motor Vehicle Safety Act, a manufacturer, distributor, dealer, or motor vehicle repair business may not perform modifications that render inoperative, in whole or in part, equipment such as headlamps added pursuant to a Federal safety standard. We believe that the installation of the converter could affect the operability of the headlamp within the meaning of the statutory prohibition. However, we note that the foglight converter is advertised as "easy for any driver to attach to any vehicle." As an owner is not a manufacturer, distributor, dealer, or motor vehicle repair business, the owner is not restricted under Federal law from modifications to his vehicle. He is, however, subject to the laws of the States in which his vehicle is registered and operated. We are not conversant with how State lighting laws might affect use of the foglight converter, and you may wish to obtain an opinion from the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, VA 22203.

We have several other comments as well. The literature you enclosed depicts the foglight converter attached to what appears to be the European-designed H-4 bulb. Standard No. 108 does not permit headlamps with H-4 light sources to be sold for use on 4-wheeled motor vehicles. In addition, the application of the device where motion is translated from the lamp's exterior to the interior by a linkage in the bulb base would affect compliance with the requirement that the bulb base withstand a pressure differential of 10 psi. Additionally, creating a hole or passage for a linkage has the potential of rendering the headlamp noncompliant with Standard No. 108's requirements for certain environmental tests, such as resistance to dust, corrosion, and humidity.

Your second device is a "headlamp intensity modulator," adjusting a headlamp beam "automatically from low to high beam through a middle beam." According to your literature, when a sensor notes the beams of an oncoming car 500 meters ahead the upper beam gradually passes through a middle beam and diminishes into a lower beam when the vehicles are 150 meters apart. This device is also advertised as capable of owner installation, and without the modification of any vehicle parts. The system appears to operate by a switch. This device directly conflicts with Standard No. 108, and its use would create a noncompliance with it. Headlamps are defined as producing upper and lower beams, and means must be provided for switching between these beams. Use of the device would alter upper and lower beam characteristics from those required by Standard No. 108, and in effect create an infinite number of beams while passing from a conforming upper beam at one extreme to a conforming lower beam at the other. This precludes its use as original equipment. We

believe that its aftermarket legality would be limited. Although Federal law would not preclude an owner from installing it, the instructions are sufficiently complex that in our opinion many purchasers would seek to help from a "dealer" or "motor vehicle repair business," which could not be legally given. There would also remain the question of legality with State laws.

These appear to be innovative devices and we regret that we cannot be more encouraging.

ID: swivelinglamp.3

[ ]

Dear [ ]:

This responds to your letter, in which you ask how a swiveling lamp, incorporated as original equipment in a new vehicles headlight assembly but with its own on-off switch, would be characterized under Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Your letter states that the swiveling lamp is designed to automatically enhance illumination around corners and through curves, so as to improve a drivers ability to see pedestrians, bicycles, and other objects that may be in the roadway. Specifically you ask whether the swiveling lamp would be "a supplemental piece of lighting equipment and therefore not directly regulated by [FMVSS No. 108]."For the reasons below, we have concluded that the swiveling lamp you have described would be a component of the required headlighting system under FMVSS No. 108. Consequently, its installation on a motor vehicle would violate those provisions of the standard that limit a replaceable bulb headlamp to having no more than two replaceable light sources.

You have requested that the National Highway Traffic Safety Administration (NHTSA) accord your letter confidential treatment because it includes proprietary commercial information. We note your attorneys consent on your behalf that your interpretation request letter and our interpretation may be made public, provided that all information identifying you and your company are deleted. We shall follow this procedure, which will adequately describe the device to allow a reader to understand just what this interpretation covers.

Your letter states that the vehicles complete front lighting system will include all of the forward lighting equipment required by FMVSS No. 108, as well as the swiveling lamp, as depicted in the attachments to your letter. However, the swiveling lamp would

use a different light source and reflector than any of the other functions, and it is controllable by a manual on-off switch on the dashboard that is independent of the switch for operation of the vehicles standard headlamps. Once engaged, activation of the swiveling lamp is a function of transmission position (i.e., the vehicle must be in neutral or a forward driving position) and of the state of the vehicles headlamp switch (i.e., low or high beams must be engaged). Horizontal aim of the swiveling lamp is determined by both vehicle speed and steering input.

Your letter further states that the swiveling lamp has been designed to aim its light output downward and to the side, so as to be distinct from and to not affect the brightness or visibility of any turn signal. According to your letter, the swiveling lamp has also been "designed to minimize glare to other drivers."

Paragraph S7 of FMVSS No. 108, Headlighting requirements, requires vehicles to be equipped with one of several permissible headlighting system options, whose specifications are set forth in the standard. Headlighting systems are comprised of headlamps and associated hardware. The standard sets its performance requirements for headlamps, in part, through reference to the Society of Automotive Engineers (SAE) Standard No. J1383 (Performance Requirements for Motor Vehicle Headlamps; April 1985).

Under paragraph S7.5, Replaceable bulb headlamp systems, subparagraph (a) provides, "The system shall provide only two lower beams and two upper beams and shall incorporate not more than two replaceable light sources in each headlamp." This limitation on the number of light sources was contained in a final rule published on May 22, 1985, that amended FMVSS No. 108 (50 FR 21052).

We note that subsequent to that time, NHTSA has engaged in rulemaking seeking to develop more performance-oriented and less design-restrictive headlighting requirements; [1] however, the proposed system specifying roadway illumination requirements was found to be complex, and there were questions as to whether the uncertain potential benefits justified the perceived regulatory burdens. Consequently, the rulemaking was terminated, [2] and FMVSS No. 108s existing requirements were retained, including the limitation on the number of replaceable light sources. NHTSA stated that it would be willing to revisit the issue of more performance-oriented changes to FMVSS No. 108 through the regulatory process, perhaps through negotiated rulemaking. [3]

In determining whether the swiveling lamp is part of a headlamp system or a supplemental piece of lighting equipment, an important consideration is where the swiveling lamp directs its light. According to section 2.1 of SAE J1383, a "headlamp" is defined as "a lighting device providing an upper and/or a lower beam used for providing illumination forward of the vehicle." Your swiveling lamp would provide illumination forward of the vehicle when a turn of a sufficient magnitude is executed, which is consistent with the headlighting function.

Based upon its function, we view your lamp as a type of Adaptive Frontal-lighting System (AFS). AFSs are systems that can actively change the intensity and direction of headlamp illumination in response to changes in vehicle speed or roadway geometry, such as providing more light during a turn. We note that the agency published a request for comments on the AFS issue in the Federal Register on February 12, 2003 (68 FR 7101).

Other governments and organizations support the position that lamps that bend light in the direction of a turn are adaptive frontal-lighting systems. In order to allow introduction of this new headlighting technology in Europe, regulations are currently being modified under the auspices of the UN Economic Commission for Europe (ECE) (see ECE R112 A2). SAE has also issued a draft standard J2591 (Adaptive Forward Lighting System) that characterizes swiveling lamps as part of the headlighting system.

Beyond the fundamental matter of where the light emitted by the swiveling lamp is directed, other factors also lead us to conclude that the swiveling lamp is part of the headlighting system. We note that the swiveling lamp you describe uses a headlamp replaceable light source to emit a beam that provides significantly more light flux than supplemental cornering lamps or fog lamps designed to conform to applicable SAE standards. In addition, when operated as intended, the use of cornering lamps and fog lamps is limited to more narrow driving conditions and situations; in contrast, your swiveling lamps are presumably intended to be used regularly, since turning is a routine part of driving. We do not find the inclusion of a manual on-off switch (which can be left on indefinitely) to be a dispositive indicator that the swiveling lamp is a piece of supplemental lighting equipment.

For the above reasons, we have concluded that the swiveling lamp described in your letter is an integral part of the headlighting system, and as such, it would cause the headlighting system to exceed the maximum number of permissible light sources under paragraph S7.5 of FMVSS No. 108. Consequently, the swiveling lamp described in your letter would not meet the requirements of the standard.

If you have any further questions, you may call Mr. Eric Stas of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.1/21/04





---

[1] See 54 FR 20084 (May 9, 1989).

[2]  See 60 FR 58038 (November 24, 1995).

[3] Id. at 58039.

ID: 7018

Herrn. Westermann u. Schmidt
Hella KG Hueck & Co.
Rixbecker Strae 75
Postfach 2840
4780 Lippstadt
Germany

Gentlemen:

This responds to your FAX of December 9, 1991, to Richard Van Iderstine of this agency. You ask for a definition of two and four headlamp systems, stating that formerly "this definition was done under para. S4.1.1.36, but today there only remains figure 26, which explains the application of photometric requirements with respect to the bulb or bulb combination used." You have enclosed sketches of three replaceable bulb headlighting systems and ask for confirmation that each is a two or four headlamp system under Standard No. 108.

Standard No. 108 has never contained a specific definition of two or four lamp headlamp systems. Paragraph S4.1.1.36 impliedly defined these systems for headlamps incorporating replaceable bulbs by specifying requirements for the upper and lower beams of headlamp systems consisting of two or four lamps, each containing one or two standardized replaceable light sources. When Standard No. 108 was amended to delete S4.1.1.36, these provisions became part of new paragraph S7.5 Replaceable Bulb Headlamp System. Figure 26 Table of Photometric Requirements was added to illustrate photometric requirements for headlighting systems that use combinations of replaceable bulbs listed in S7.6 Standardized Replaceable Light Sources, and as the systems are described in S7.5.

The understanding expressed in your drawings of replaceable bulb headlamp systems is correct. A 4-lamp system is one in which each lamp contains one light source, usually HB3 or HB4 light source for a total of two HB3 and HB4 light sources per system. A 2-lamp system is one in which each lamp typically contains a single dual filament light source such as HB1 or HB5, and achieves both a lower beam and an upper beam; alternatively, each lamp may contain two light sources, typically one HB3 and one HB4 light source, each with individual reflectors, but together with a common housing and lens. This lamp achieves both a lower and an upper beam.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:108 d:3/5/92

ID: nht94-8.29

DATE: February 7, 1994

FROM: Jeffrey D. Shetler -- Manager of Government Relations, Kawasaki Motors Corp., U.S.A.

TO: Associate Administrator for Enforcement -- NHTSA

TITLE: Motorcycle Projector Beam Headlamps Interpretation of FMVSS 108

ATTACHMT: Attached to letter dated 5/6/94 from John Womack to Jeffrey D. Shetler (A42; Std. 108)

TEXT:

Kawasaki Motors Corp., U.S.A. is hereby requesting a interpretation from NHTSA regarding the application of a projector beam headlamp to a motorcycle and its compliance with FMVSS 571.108.

When reviewing FMVSS 108 we are not sure if our proposed application of a projector beam headlamp to a motorcycle will meet the specified requirements. Your response regarding the following questions would be greatly appreciated:

1. Table IV of FMVSS 108 specifies that if two (headlamps) are used they shall be symmetrically disposed about the vertical centerline.

Attached is a layout drawing which provides a general description of our proposed application of a projector beam headlamp. Our headlamp is not completely aligned symmetrically because the projector beam (lower beam) is located on the left side and the high beam is on the right side. However, the outer lens of the headlamp assembly is symmetrically positioned about the vertical centerline.

Question: Is our headlamp in compliance with the provision stated above?

2. Section S5.1.1.23 of FMVSS 108 indicates that instead of the headlamps specified by Table III, a motorcycle may be equipped with one half of any headlighting system specified in S7 which provides both a full upper beam and full lower beam, and where more than one lamp must be used, the lamp shall be mounted vertically, with the lower beam as high as practicable.

Question: Does this requirement mean our proposed projector beam shall be mounted on the upper half and the high beam shall be on the lower half when using one half of any headlighting system specified in S7? Or, is our proposed layout in the attachment acceptable?

Thank you in advance for your timely response to our questions. If further information is required, I can be reached at (714) 770-0400 ext. 2456.

ID: nht94-1.44

TYPE: Interpretation-NHTSA

DATE: February 7, 1994

FROM: Jeffrey D. Shetler -- Manager of Government Relations, Kawasaki Motors Corp., U.S.A.

TO: Associate Administrator for Enforcement -- NHTSA

TITLE: Motorcycle Projector Beam Headlamps Interpretation of FMVSS 108

ATTACHMT: Attached to letter dated 5/6/94 from John Womack to Jeffrey D. Shetler (A42; Std. 108)

TEXT:

Kawasaki Motors Corp., U.S.A. is hereby requesting a interpretation from NHTSA regarding the application of a projector beam headlamp to a motorcycle and its compliance with FMVSS 571.108.

When reviewing FMVSS 108 we are not sure if our proposed application of a projector beam headlamp to a motorcycle will meet the specified requirements. Your response regarding the following questions would be greatly appreciated:

1. Table IV of FMVSS 108 specifies that if two (headlamps) are used they shall be symmetrically disposed about the vertical centerline.

Attached is a layout drawing which provides a general description of our proposed application of a projector beam headlamp. Our headlamp is not completely aligned symmetrically because the projector beam (lower beam) is located on the left side and the high beam is on the right side. However, the outer lens of the headlamp assembly is symmetrically positioned about the vertical centerline.

Question: Is our headlamp in compliance with the provision stated above?

2. Section S5.1.1.23 of FMVSS 108 indicates that instead of the headlamps specified by Table III, a motorcycle may be equipped with one half of any headlighting system specified in S7 which provides both a full upper beam and full lower beam, and where more than one lamp must be used, the lamp shall be mounted vertically, with the lower beam as high as practicable.

Question: Does this requirement mean our proposed projector beam shall be mounted on the upper half and the high beam shall be on the lower half when using one half of any headlighting system specified in S7? Or, is our proposed layout in the attachmen t acceptable?

Thank you in advance for your timely response to our questions. If further information is required, I can be reached at (714) 770-0400 ext. 2456.

ID: nht92-8.31

DATE: March 5, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Herrn. Westermann u. Schmidt -- Hella KG Hueck & Co.

TITLE: None

ATTACHMT: Attached to letter dated 12/9/91 from Hanno Westermann and Olaf Schmidt to Richard L. van Iderstine (OCC 7018)

TEXT:

This responds to your FAX of December 9, 1991, to Richard Van Iderstine of this agency. You ask for a definition of two and four headlamp systems, stating that formerly "this definition was done under para. S4.1.1.36, but today there only remains figure 26, which explains the application of photometric requirements with respect to the bulb or bulb combination used." You have enclosed sketches of three replaceable bulb headlighting systems and ask for confirmation that each is a two or four headlamp system under Standard No. 108.

Standard No. 108 has never contained a specific definition of two or four lamp headlamp systems. Paragraph S4.1.1.36 impliedly defined these systems for headlamps incorporating replaceable bulbs by specifying requirements for the upper and lower beams of headlamp systems consisting of two or four lamps, each containing one or two standardized replaceable light sources. When Standard No. 108 was amended to delete S4.1.1.36, these provisions became part of new paragraph S7.5 Replaceable Bulb Headlamp System. Figure 26 Table of Photometric Requirements was added to illustrate photometric requirements for headlighting systems that use combinations of replaceable bulbs listed in S7.6 Standardized Replaceable Light Sources, and as the systems are described in S7.5.

The understanding expressed in your drawings of replaceable bulb headlamp systems is correct. A 4-lamp system is one in which each lamp contains one light source, usually HB3 or HB4 light source for a total of two HB3 and HB4 light sources per system. A 2-lamp system is one in which each lamp typically contains a single dual filament light source such as HB1 or HB5, and achieves both a lower beam and an upper beam; alternatively, each lamp may contain two light sources, typically one HB3 and one HB4 light source, each with individual reflectors, but together with a common housing and lens. This lamp achieves both a lower and an upper beam.

ID: nht94-3.73

TYPE: INTERPRETATION-NHTSA

DATE: July 18, 1994

FROM: Federico Trombi -- Chief Homologation Engineer, Bugatti Automobiles

TO: Taylor Vinson, Esq. -- Office of the Chief Counsel, NHTSA

TITLE: Additional Request for Interpretation of FMVSS 108

ATTACHMT: Attached to letter dated 7/28/94 from John Womack to Lance Tunick (Std. 108)

TEXT: Dear Mr. Vinson:

This letter requests an additional opinion from NHTSA as to whether a second anticipated version of the Bugatti EB 110 headlamp would be in compliance with Federal Motor Vehicle Safety Standard (FMVSS) 108.

This letter is in addition to the Bugatti interpretation request of July 8, 1994, and it is not in lieu thereof. We therefore request that NHTSA respond to both requests. However, we ask that NHTSA not delay the response to either this or the July 8 request because a response to the other may not be ready. Thus, when a response to one is ready, kindly provide it to us, without waiting for the other to be completed. Thereafter, when the other response is prepared, please provide it in a separate l etter. Thank you.

The second version of the proposed Bugatti headlighting system, that is the subject of this letter, would consist of two headlamps. In each headlamp:

The low beam would be provided by a gas discharge unit; and

The high beam would be provided by one "irreplaceable bulb" unit, or such unit together with the gas discharge unit. (In the alternative, instead of an "irreplaceable bulb unit, Bugatti may use a second gas discharge unit.)

The headlamp "box" would be an indivisible entity that would be treated as an exchange unit, and all internal screws would be sealed to prevent removal. The gas discharge unit's bulb, receptacle, reflector, ballast, etc. would be an indivisible unit. The "irreplaceable bulb" unit would be a replaceable bulb unit with an H-1 bulb of approximately 100 watts and the unit would be modified so that the bulb is NOT replaceable. All problems with

2

the headlamp box would therefore be remedied by the replacement of the entire box, which can then be remanufactured at the factory.

As described above, the headlamp would be an integral beam headlighting system provided for in FMVSS 108, S7.4. More specifically, the Bugatti integral beam headlighting system would be comprised of two headlamps that comply with S7.4 (a)(2) and the photometric requirements of either (a)(2)(i) or (a)(2)(ii).

The Bugatti headlamp would have the low beam gas discharge unit mounted towards the center of the box (as in the diagram provided to NHTSA) and the "irreplaceable bulb unit" would be mounted inboard of the gas discharge unit.

Outboard of the low beam gas discharge unit, Bugatti may install either a replaceable bulb fog lamp or driving lamp that is not regulated under FMVSS 108.

Bugatti believes that the above headlighting arrangement is permissible under FMVSS 108. Table IV requires that the low beams be mounted "as far apart as practicable". The reason that the gas discharge unit cannot be mounted any farther outboard tha n as proposed is that, because of the design of the Bugatti EB110 body, there simply is not sufficient room (Bugatti's previously submitted attachment shows that if the gas discharge unit were mounted further outboard, it would conflict with the wheel ar ch).

Moreover, the headlamp would be in conformity with S7.4(b) as the lamp would have 2 light sources and the lower beam would be provided by the most outboard light source (as far as FMVSS 108 is concerned -- the fog or driving lamp would be disregarded) , and the upper beam would be provided by either the most inboard light source or both the gas discharge and irreplaceable bulb light sources.

Is the above-described headlighting system permissible?

We urgently need as swift a response as possible in order to proceed with production. Kindly contact the following with any questions and the response:

Mr. Lance Tunick

1919 Mt. Zion Drive

Golden CO 80401

tel. 303 279 0203

fax 303 279 9339

Thank you.

ID: nht88-2.62

TYPE: INTERPRETATION-NHTSA

DATE: 07/07/88

FROM: MAMORU ARISAKA -- MANAGER AUTOMOTOMOTIVE LIGHTING HOMOLOGATION SECT. STANLEY ELECTRIC COMPANY LIMITED

TO: MS. ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 08/26/88 FROM MAMORU ARISAKA FROM ERIKA Z. JONES, REDBOOK A32, STANDARD 108

TEXT: Dear Sirs,

We, Stanley Electric Co., Ltd. are, as one of the leading manufacturers of automotive lamps and associated equipment in Japan, devoted to development of new lighting systems representative of our state-of-the-art technology.

One of such innovative lighting systems we are developing is a headlamp called "Rolling Headlamp". The central feature of this new headlamp is its mechanism to change automatically the mounting angle of lamp vis-a-vis the motorcycle, in order to assure stable photometric performance of the headlamp. Please refer to the figure below.

(DRAWINGS OMITTED)

The headlamp is designed to have its vertical plane always perpendicular to the ground surface regardless of inclination of the motorcycle. In other words, the headlamp keeps its geometrical position independently of the motorcycle movement.

With regard to this new headlamp, we would like to ask you if it is acceptable (legally permissible) in your country. As you see, this headlamp is designed exclusively to be mounted on two-wheel vehicles.

Your prompt reply will be highly appreciated. Thanking you in advance for your kind cooperation,

Sincerely yours,