Interpretation ID: 2640y

Mr. Ron Boucher
Energy Savings Systems
P.O. Box 294
Centralia, WA 98531

Dear Mr. Boucher:

Thank you for your letter asking whether the products you plan to market would comply with the laws and regulations administered by this agency. As explained below, the laws and regulations administered by this agency would not be applicable to these products.

Enclosed with your letter were two brochures describing the "Signal Flash" personal identification lights. The brochure included pictures and descriptions of several different types of battery-powered lights that are small enough to be carried on one's person, and include straps that make them suitable to be carried on one's arm, around one's wrist, or inserted into a life preserver. The brochures describe these "Signal Flash" lights as suitable for use in "diving, mountaineering, jogging, sailing, windsurfing, cycling, fishing, car breakdown, life jacket, etc."

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment", in part, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle...

Your "Signal Flash" lights are plainly not a "system, part, or component of a motor vehicle as originally manufactured," nor are they a "similar part or component manufactured or sold for replacement or improvement" of an original equipment part of a motor vehicle. The issue is whether these lights would be considered an "accessory" within the meaning of the Safety Act. In determining whether an item of equipment is considered an "accessory," the agency applies the relevant statutory language and the two following criteria: first, whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles, and second, whether the item is intended to be used principally by ordinary users of motor vehicles.

In evaluating the first criterion, the product literature enclosed with your letter emphasizes the versatility of these personal identification lights. While these lights occasionally may be used in connection with a motor vehicle breakdown or repair, most of the suggested uses involve sports activities that have nothing to do with a motor vehicle. Thus, a substantial portion of the expected uses of the light would not appear related to the operation or maintenance of a vehicle, so these "Signal Flash" lights would not be considered items of "motor vehicle equipment." This conclusion means that the "Signal Flash" lights are not subject to any of the laws and regulations administered by this agency.

You may wish to consult the U.S. Consumer Product Safety Commission to learn if they have any requirements applicable to these lights. That agency protects the public against unreasonable risks of injury from consumer products. You may write to the Consumer Product Safety Commission at 5401 Westbard Avenue, Bethesda, MD 20207, or contact them by telephone at (301) 492-6580.

I hope this information is helpful. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

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