Interpretation ID: aiam3485
President
IPD Co. Inc.
2762 N.E. Broadway
Portland
OR 97232;
Dear Mr. Gordon: Secretary Lewis has referred your letter of October 6, 1981, to thi office for reply. You have requested, in essence, a 'waiver' pursuant to the Regulatory Flexibility Act of the requirements of Motor Vehicle Safety Standard No. 108 that vehicle headlamps be of sealed beam construction.; There is no legal way such a request could be implemented through th Regulatory Flexibility Act itself. That Act urges regulatory agencies to use their existing statutory authority to accommodate small businesses where appropriate to do so. Modifications of regulations issued pursuant to the National Traffic and Motor Vehicle Safety Act occur through normal rulemaking procedures conducted in accordance with the Administrative Procedure Act. This agency has no current plan to engage in rulemaking allowing importation and sale in the aftermarket of European-type unsealed headlamps, and has consistently denied petitions for such rulemaking over the last few years. Further, we have no authority to grant exemptions or other waivers to manufacturers or importers of motor vehicle equipment.; However, the agency is always interested in new headlighting ideas, an I enclose a copy of a Notice of Request for Comments which we recently issued, that I think you will find of interest.; Sincerely, Frank Berndt, Chief Counsel