Interpretation ID: aiam2490
Vice President
Engineering and Service
Mercedes-Benz of North America
Inc.
P.O. Box 350
Montvale
NY 07645;
Dear Mr. Gerth: This is in reply to your letter of December 21, 1976, asking whethe Federal Motor Vehicle Safety Standard No. 108 *Lamps, Reflective Devices, and Associated Equipment* applies to fog lamps installed on the rear of passenger cars.; No requirements of Standard No. 108 apply to fog lamps and they ar subject to regulation by the individual states. Pursuant to S4.1.3, however, they may be prohibited if they impair the effectiveness of lighting equipment required by Standard No. 108.; You also asked that, absent inclusion of these lamps in Standard No 108, your letter be treated as a petition 'for rulemaking to amend Standard No. 108 to include such lighting requirements . . . for optional use on passenger cars.' Your submission does not meet the requirements of our procedural regulations, a copy of which I enclose. Specifically, pursuant to 49 CFR 552.4(c) you should 'set forth facts which it is claimed establish that an order is necessary.' Among these facts should be reasons why you are petitioning for 'optional' rather than mandatory use on passenger cars, and why other vehicles are not included in your petition (if, in fact true).; Sincerely,Frank A. Berndt, Acting Chief Counsel