ID: nht94-4.59

TYPE: INTERPRETATION-NHTSA

DATE: October 24, 1994

FROM: Bryan J Williams -- Director, International Operations, Red Spot Paint And Varnish Co., Inc.

TO: Taylor Vinson -- Office Of Chief Counsel, NHTSA

TITLE: REF: Request For Written Interpretation / FMVSS108 and AAMVA Listing

ATTACHMT: ATTACHED TO LETTER DATED 12/7/94 FROM PHILIP R. RECHT TO BRYAN J. WILLIAMS (A42; REDBOOK 2; STD. 108)

TEXT: Red Spot Paint & Varnish Co. Inc. is a manufacturer of specialty coatings for plastics. Our major market is for automotive applications; one of which is UV Curable SRC coatings for polycarbonate headlamp lenses. These products (specifically UVT200) pro vide abrasion resistance properties as well as protecting the plastic lens from the deleterious effects of outdoor exposure.

UVT200 has approvals from Ford Motor Company, General Motors and Chrysler Corporation for application on polycarbonate headlamp lenses to Specifications ESB-M80J-3A, MG5060 and MS-PP5-5 respectively. The coating was approved following the completion of 3 year Florida and Arizona weathering; measurements indicating the coating's conformity to the standards of SAEJ576(c) [1970] ref: chromaticity, haze, luminous transmittance and appearance were performed by the Red Spot Test Laboratory (which has "Self C ertifying" status from these US automakers.) The coating is currently being used in production at finishers for all three of these OEMs; there have been no questions about the "acceptability" of this coating on polycarbonate from any US State or Territor y.

I have received several requests from overseas headlamp manufacturers (potential users of UVT200) with respect to the fact that UVT200 does not appear on the American Association of Motor Vehicle Administrators (AAMVA) "Listing of Acceptable Plastics for Optical Lenses and Reflectors Used on Motor Vehicles."

The question for which written interpretation is requested is as follows:

Must a coating for plastic (polycarbonate) headlamp lenses appear on the AAMVA "Listing . . ." in order to meet the requirements of FMVSS108?

The perception exists among overseas headlamp manufacturers that AAMVA Listing of a coating is required by Federal Law . . . that appearance on this list is a prerequisite for the certification to FMVSS108 standards.

Your written comments clarifying the status of AAMVA (and their "Listing . . ." publication) and its relationship to Federal Motor Vehicle Safety Standards are requested.

Please respond via facsimile to (812) 467-2388 to my attention.

Thank you for your attention to this matter and I shall await your response. If you have questions or find issues which require further clarification, please contact me directly: Bryan J Williams

Director, International Operations

Red Spot Paint & Varnish Co. Inc.

1111 East Louisiana Street

Evansville IN 47711

P: (812) 428-9192

F: (812) 467-2388

ID: 20178.ztv

ECIE
Via Comune Antico, 43
20125 Milano
Italy
Attn: Mara Migliazza

Dear Ms. Migliazza:

We are replying to your emails of June 18, 1999, to Kenneth Weinstein of this agency, and of July 8, 1999, to Taylor Vinson of this Office. We apologize for the delay in responding to you.

In your first email, you have told us that your company manufactures lighting equipment for motorcycles and that you "have the certificate of compliance and test report of our device with tests according to your FMVSS 108." You have asked whether the certificate of compliance is "always acceptable for you or have we to remake all the test to obtain another certificate after some year?" You reference a headlamp that meets the 1992 version of Standard No. 108 and is molded with a "92DOT" symbol, which is supported by "the test report and the certificate of compliance of 1992."

First, a clarification. We believe that you are using the term "certificate of compliance" to mean the statement by a test laboratory that the lighting device that it has tested meets the specifications of Standard No. 108, as indicated by the accompanying test report. However, under our laws, a "certificate of compliance" is the indication by a manufacturer that its lighting product meets Standard No. 108, such as the DOT symbol on a headlamp lens.

Each item of motorcycle lighting equipment covered by Standard No. 108 must comply with the standard, and be certified by its manufacturer as conforming to the standard. A test report based on proper testing can verify that the particular lamp tested conforms to Standard No. 108, and can afford a reasonable basis for the manufacturer to certify compliance, by concluding that identical lamps, if tested, would also conform to Standard No. 108. However, human and mechanical errors in production (such as failure to account for variations in tolerances) can result in the production of non-complying products. Therefore, we believe that a manufacturer of lighting equipment should test its product pursuant to a quality control program after the lighting item is produced to assure itself that the product as manufactured conforms to Standard No. 108.

In your email of July 8, 1999, you ask if we can write "what is the US right procedure for lighting device certification." We are pleased to provide you with this information. The lens of each headlamp (other than a motorcycle headlamp) must be certified by marking it with the DOT symbol (S7.2(a) of Standard No. 108), whether the headlamp is original or replacement equipment. Other items of replacement lighting equipment, including motorcycle headlamps, may be certified either by marking with the DOT symbol (S5.8.10), or "by a label or tag on the equipment or on the outside of the container in which the equipment is delivered" (49 U.S.C. 30115). Other than headlamps, no certification is required for lighting items installed on a motor vehicle as original equipment; the manufacturer of the vehicle attaches a label to the vehicle certifying that it complies with all applicable Federal motor vehicle safety standards, and this includes certification to the requirements of Standard No. 108. Of course, the vehicle manufacturer should obtain test reports and other quality-related assurances from the lighting equipment manufacturer that the equipment complies before it affixes its vehicle certification label.

There is no need to "register" a certificate of compliance with NHTSA or any other entity. However, a manufacturer located outside the United States is required to designate an agent in the United States who can receive official correspondence (49 CFR 551.45). Further, all manufacturers of equipment covered by Standard No. 108 are required to file an identification statement with us (49 CFR 566).

I hope that this answers your questions.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.10/28/99

ID: aiam3858

Dear Mr. Iwase: This is in reply to your letter of June 21, 1984, to Mr. Driver of thi agency asking for an interpretation of Motor Vehicle Safety Standard No. 108. Mr. Driver has not been an official of this agency for many years, and in the future, your request for interpretation should be addressed to the Chief Counsel, National Highway Traffic Safety Administration.; Your first question is whether Safety Standard No. 108 permits two-headlamp system on motorcycles. The answer is yes. Paragraph S4.1.1.34 specifies the lighting systems permissible on motorcycles. It allows two Type 2D1 or Type 2 (7 in.), or two Type 2B1 or Type 2B headlamps. Under Table IV, if two headlamps are used, they must be disposed symmetrically around the vertical center line. Two non-sealed headlamps meeting the requirements of SAE J584 may also be used, subject to the same mounting restriction. Therefore the system you propose appears acceptable under Standard No. 108.; You have also asked whether the two headlamps may be mounted one ato the other, rather than side by side. While Table IV specifies that a single headlamp must be mounted 'on the vertical centerline', it requires that two headlamps be disposed symmetrically around it. We do not interpret this language as allowing two headlamps to be mounted adjacent to each other on the vertical centerline.; Sincerely, Frank Berndt, Chief Counsel

ID: 19219.ztv

Ms. Jacqueline Glassman
Senior Staff Counsel
DaimlerChrysler Corporation
1401 H Street, NW CIMS 936-00-00
Suite 700
Washington, DC 20005-2110

Re: Interpretation of S7.8.1(b) of Standard No. 108;

Petition for Decision of Inconsequentiality

Dear Ms. Glassman:

I am responding to your letter of December 3, 1998, asking for an interpretation of S7.8.1(b) of Federal Motor Vehicle Safety Standard No. 108. This question arises in the context of an apparent noncompliance in certain Plymouth and Dodge Neon headlamps, duly reported to us, and which is the subject of an inconsequentiality petition that you have filed with us.

S7.8.1(b) requires motor vehicles manufactured on and after September 1, 1998, to be equipped with headlamps which have a mark or markings that are visible from the front of the headlamp, to identify the optical axis of the headlamp, to assure proper horizontal and vertical alignment for aiming purposes. The choice of the design of the mark or markings is left to the manufacturer. 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.

Apparently, your company decided that it failed to comply with S7.8.1(b), and filed a Part 573 report with a petition for a decision that the noncompliance was inconsequential to safety. Afterwards, "agency staff asked the company to consider whether a conspicuous horizontal line that fully crosses the headlamp and from which the optical axis easily may be approximated serves as the marking required by S7.8.1(b)." You have "used that line to approximate the optical axis and has confirmed through appropriate testing that aiming the lamps from that point falls within applicable parameters." You have asked "whether the simple measurement from the conspicuous horizontal line across the front of the headlamp constitutes a mark sufficient to comply with S7.8.1(b)."

The horizontal line across the face of the headlamp, which identifies the optical axis, is a "mark" within the meaning of S7.8.1. This has been confirmed by direct examination of a Neon headlamp by our senior lighting engineer, Rich Van Iderstine, the "agency staff" you referred to. Accordingly, the Neon headlamps are considered to meet the marking requirements of S7.8.1(b), and your inconsequentiality petition is moot.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108
d.1/21/99

ID: 11326

Ms. Alison Vredenburgh
Vice President
Research and Development
Error Analysis, Inc.
Suite 205
5811 Amaya Drive
La Mesa, CA 91942-4156

Dear Ms. Vredenburgh:

This is in reply to your letter of September 18, 1995, to Kenneth Hardie of this agency, with respect to the Motorcycle Conspicuity Enhancement System (the "System") described in your letter. You understand "that this system may only be used during daylight hours and may not affect the headlight", and you ask if there are any other regulations of which you should be aware.

We understand that the System is still under development, and that the intent is to offer it both as original and aftermarket equipment. Two Systems will be tested, at a flash rate of 60 to 80 per minute, one at an intensity of 35,000 candlepower, and the other at 50,000 candlepower. One System will have three bulbs, and another, four. Each System will be activated when the headlamp is on. We note that motorcycle headlamps are wired to be activated when the ignition is on because many States require that headlamps be operating at all times.

As you know, each motorcycle must be manufactured and certified to conform to all applicable Federal motor vehicle safety standards, including Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 prescribes no requirements for supplemental equipment such as the System. However, additional lighting equipment may not be installed by the manufacturer or dealer before sale if the supplemental equipment impairs the effectiveness of lighting equipment required by Standard No. 108 (paragraph S5.1.3).

You are therefore correct when you say that the System "may not affect the headlamp." One way in which the System could impair the effectiveness of the headlamp is if it continued to operate at a time when the headlamp is required to provide sufficient illumination of the roadway (as you recognize in your comment that "the system may only be used during daylight hours"). You have not described the method by which the

System will be deactivated. We believe that this should not be a manual operation, left to the discretion of the motorcycle operator. In establishing the specifications that allow optional installation of modulating headlamp systems for improving the conspicuity of motorcycles, this agency requires that they be equipped with a sensor that will deactivate the modulation when a certain low ambient light level is reached. Also, the modulation rate is regulated to prevent seizures in susceptible individuals. I enclose a copy of paragraph S5.6 of Standard No. 108 which discusses these light levels.

The System must also not impair the effectiveness of the motorcycle's front turn signals. That is to say, it must not mask the signal or detract from its detectability by oncoming drivers. Whether this might occur will depend upon the color and brightness of the System and its proximity to the turn signal lamp.

If a motorcycle manufacturer is satisfied that the installation of the System on its product would be permissible under S5.1.3, then it may certify that the motorcycle conforms to all applicable Federal motor vehicle safety standards. NHTSA will not question a determination of non-impairment unless it appears to be clearly erroneous.

Satisfaction of Federal new vehicle requirements means that the System is acceptable for sale in the aftermarket under Federal regulations. However, supplementary lighting equipment, whether original or aftermarket, that is not specifically covered by Standard No. 108 remains subject to regulation by the States. We note that many States have vehicle equipment and use regulations regarding auxiliary amber flashing lamps, Many States also prohibit blue as a color for lamps, reserving it for police, fire, and emergency vehicles. We are unable to advise you on the specifics of State laws, and urge you to consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

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

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:108 d:12/8/95

ID: nht95-4.96

TYPE: INTERPRETATION-NHTSA

DATE: December 8, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Alison Vredenburgh -- Vice President Research and Development, Error Analysis, Inc.

TITLE: NONE

ATTACHMT: 9/18/95 letter from Alison Vredenburgh to Kenneth Hardie

TEXT: This is in reply to your letter of September 18, 1995, to Kenneth Hardie of this agency, with respect to the Motorcycle Conspicuity Enhancement System (the "System") described in your letter. You understand "that this system may only be used during dayl ight hours and may not affect the headlight", and you ask if there are any other regulations of which you should be aware.

We understand that the System is still under development, and that the intent is to offer it both as original and aftermarket equipment. Two Systems will be tested, at a flash rate of 60 to 80 per minute, one at an intensity of 35,000 candlepower, and t he other at 50,000 candlepower. One System will have three bulbs, and another, four. Each System will be activated when the headlamp is on. We note that motorcycle headlamps are wired to be activated when the ignition is on because many States require that headlamps be operating at all times.

As you know, each motorcycle must be manufactured and certified to conform to all applicable Federal motor vehicle safety standards, including Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 prescribes no requiremen ts for supplemental equipment such as the System. However, additional lighting equipment may not be installed by the manufacturer or dealer before sale if the supplemental equipment impairs the effectiveness of lighting equipment required by Standard No. 108 (paragraph S5.1.3).

You are therefore correct when you say that the System "may not affect the headlamp." One way in which the System could impair the effectiveness of the headlamp is if it continued to operate at a time when the headlamp is required to provide sufficient i llumination of the roadway (as you recognize in your comment that "the system may only be used during daylight hours"). You have not described the method by which the System will be deactivated. We believe that this should not be a manual operation, le ft to the discretion of the motorcycle operator. In establishing the specifications that allow optional installation of modulating headlamp systems for improving the conspicuity of motorcycles, this agency requires that they be equipped with a sensor th at will deactivate the modulation when a certain low ambient light level is reached. Also, the modulation rate is regulated to prevent seizures in susceptible individuals. I enclose a copy of paragraph S5.6 of Standard No. 108 which discusses these lig ht levels.

The System must also not impair the effectiveness of the motorcycle's front turn signals. That is to say, it must not mask the signal or detract from its detectability by oncoming drivers. Whether this might occur will depend upon the color and brightn ess of the System and its proximity to the turn signal lamp.

If a motorcycle manufacturer is satisfied that the installation of the System on its product would be permissible under S5.1.3, then it may certify that the motorcycle conforms to all applicable Federal motor vehicle safety standards. NHTSA will not ques tion a determination of non-impairment unless it appears to be clearly erroneous.

Satisfaction of Federal new vehicle requirements means that the System is acceptable for sale in the aftermarket under Federal regulations. However, supplementary lighting equipment, whether original or aftermarket, that is not specifically covered by S tandard No. 108 remains subject to regulation by the States. We note that many States have vehicle equipment and use regulations regarding auxiliary amber flashing lamps, Many States also prohibit blue as a color for lamps, reserving it for police, fire , and emergency vehicles. We are unable to advise you on the specifics of State laws, and urge you to consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

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

ID: nht95-7.53

TYPE: INTERPRETATION-NHTSA

DATE: December 8, 1995

FROM: Samuel J. Dubbin -- Chief Counsel, NHTSA

TO: Alison Vredenburgh -- Vice President Research and Development, Error Analysis, Inc.

TITLE: NONE

ATTACHMT: 9/18/95 letter from Alison Vredenburgh to Kenneth Hardie

TEXT: This is in reply to your letter of September 18, 1995, to Kenneth Hardie of this agency, with respect to the Motorcycle Conspicuity Enhancement System (the "System") described in your letter. You understand "that this system may only be used during daylight hours and may not affect the headlight", and you ask if there are any other regulations of which you should be aware.

We understand that the System is still under development, and that the intent is to offer it both as original and aftermarket equipment. Two Systems will be tested, at a flash rate of 60 to 80 per minute, one at an intensity of 35,000 candlepower, and the other at 50,000 candlepower. One System will have three bulbs, and another, four. Each System will be activated when the headlamp is on. We note that motorcycle headlamps are wired to be activated when the ignition is on because many States require that headlamps be operating at all times.

As you know, each motorcycle must be manufactured and certified to conform to all applicable Federal motor vehicle safety standards, including Standard No. 108 Lamps, Reflective Devices, and Associated Equipment. Standard No. 108 prescribes no requirements for supplemental equipment such as the System. However, additional lighting equipment may not be installed by the manufacturer or dealer before sale if the supplemental equipment impairs the effectiveness of lighting equipment required by Standard No. 108 (paragraph S5.1.3).

You are therefore correct when you say that the System "may not affect the headlamp." One way in which the System could impair the effectiveness of the headlamp is if it continued to operate at a time when the headlamp is required to provide sufficient illumination of the roadway (as you recognize in your comment that "the system may only be used during daylight hours"). You have not described the method by which the System will be deactivated. We believe that this should not be a manual operation, left to the discretion of the motorcycle operator. In establishing the specifications that allow optional installation of modulating headlamp systems for improving the conspicuity of motorcycles, this agency requires that they be equipped with a sensor that will deactivate the modulation when a certain low ambient light level is reached. Also, the modulation rate is regulated to prevent seizures in susceptible individuals. I enclose a copy of paragraph S5.6 of Standard No. 108 which discusses these light levels.

The System must also not impair the effectiveness of the motorcycle's front turn signals. That is to say, it must not mask the signal or detract from its detectability by oncoming drivers. Whether this might occur will depend upon the color and brightness of the System and its proximity to the turn signal lamp.

If a motorcycle manufacturer is satisfied that the installation of the System on its product would be permissible under S5.1.3, then it may certify that the motorcycle conforms to all applicable Federal motor vehicle safety standards. NHTSA will not question a determination of non-impairment unless it appears to be clearly erroneous.

Satisfaction of Federal new vehicle requirements means that the System is acceptable for sale in the aftermarket under Federal regulations. However, supplementary lighting equipment, whether original or aftermarket, that is not specifically covered by Standard No. 108 remains subject to regulation by the States. We note that many States have vehicle equipment and use regulations regarding auxiliary amber flashing lamps, Many States also prohibit blue as a color for lamps, reserving it for police, fire, and emergency vehicles. We are unable to advise you on the specifics of State laws, and urge you to consult the American Association of Motor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203.

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

ID: aiam0095

Dear Mr. Heath: Thank you for your letter of July 1, 1968, to Mr. George C. Nield concerning a clarification of paragraph S 3.4.3 of Federal Motor Vehicle Safety Standard No. 108.; Paragraph S 3.4.3 specifies that, as a minimum, the taillamps shall b illuminated when the headlamps are illuminated, except when the headlamps are being flashed. The phrase 'except when the headlamps are being flashed', permits the vehicle manufacturer to use a separate switch or flasher for illuminating the headlamps only when it would not be appropriate or in the interest of safety to simultaneously illuminate the taillamps and headlamps. In addition to the examples cited in your letter, such devices could also be used for flashing the headlamps on public transit vehicles to indicate an emergency situation.; Since the subject matter of S 3.4.3 is taillamps and since Federa Standard No. 108 is otherwise silent as to headlamp flashing, this matter appears to be within the purview of the California vehicle code.; Thank you for your continued interest in the motor vehicle safet standards.; Sincerely, David A. Fay, Office of Standards on Accident Avoidance Motor Vehicle Safety Performance Service;

ID: aiam4657

Dear Mr. Faber: This is in reply to your letter of August 9, l989, wit respect to the interpretation of the word 'headlamp' as it appears in paragraph S7.2 of Motor Vehicle Safety Standard No. 108. In pertinent part, this paragraph specifies that certain markings shall be placed on the lens of each headlamp, with 'each headlamp' to be marked with the voltage and part or trade number. Noting that 'headlamp' is not a defined term but 'replaceable bulb headlamp' is, you have asked for confirmation that marking the lens, the reflector, or the light source with the voltage would be in compliance with paragraph S7.2. The agency intends that the voltage be indicated on the exterior of the headlamp. If the manufacturer does not wish to put it on the lens, Standard No. 108 will permit, as of December 1, l989, voltage marking to be on an exterior part of the headlamp body, but not on the light source. I hope that this answers your question. Sincerely Stephen P. Wood Acting Chief Counsel /;

ID: 11552ZTV

M. Guy Dorleans
International Regulatory Affairs Manager
Valeo
34, rue Saint-AndrJ
93012 Bobigny
France

Dear M. Dorleans:

We have received your letter of January 31, 1996, asking for confirmation that certain motor vehicle equipment being manufactured by Valeo is considered a replaceable headlamp lens for purposes of Motor Vehicle Safety Standard No. 108. You have enclosed drawings to assist us in this interpretation.

The drawings show that the "replaceable lens" as you term it is a bonded assembly of an opaque device and a translucent device. The translucent device seems intended to be placed in front of two unidentified light sources (we assume that at least one of these provides headlighting). The opaque device serves as the spacer to locate the translucent device as just stated. We confirm that this equipment is a "replaceable lens" within the meaning of Standard No. 108 even though it does contain opaque material.

You have stated that the markings required by S7.2(e) (for a replacement headlamp lens with seal are "placed on the upper flange of the opaque part." In this position, it appears that the markings will not be visible when the headlamp is installed. Paragraph S7.2(a) requires that the lens of each replacement equipment headlamp be marked with the symbol "DOT" which constitutes the manufacturer's certification of compliance with all applicable standards. For purposes of complying with S7.2(a), and to reassure the public of the

compliance of the headlamp, we urge that Valeo ensure that the DOT marking is applied to the front of the lens where it will be visible to an observer after it has been installed.

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

Sincerely,

Samuel J. Dubbin Chief Counsel ref:108 d:3/14/96