Interpretation ID: nht90-2.16

TYPE: Interpretation-NHTSA

DATE: April 12, 1990

FROM: William Waltz -- Wagner Division, Cooper Industries, Inc.

TO: Stephen P. Wood -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-25-90 to W. Waltz from P. J. Rice; signature by S. P. Wood; (A34; Std. 108) TEXT:

Wagner Lighting Division of Cooper Industries would like to petition N.H.T.S.A. for a "Determination of Inconsequentiality" for non-compliance. We have been asked to assemble antique-appearing sealed beam headlamps for Lectric Limited.

Lectric Limited, a small manufacturer of parts geared toward the antique automobile industry, perceived a need among automobile collectors and hobbyists for sealed beam headlight bulbs for their cars which cosmetically appeared to be the same as those which were originally supplied with their vehicles. These authentic styled bulbs would enhance the value of their vehicles and also add valuable points to their scores at various shows.

Most of these same auto enthusiasts are acquiring old bulbs from wrecking yards which in most cases are extremely dim due to their age and the fact that they were built to the J579A spec. These old bulbs are also prone to sudden failure which is of no consequence at a car show; but can be hazardous on the occasional drive that these vehicles are sometimes used for. In spite of these risks, auto enthusiasts search the junk yards for these rare bulbs and use them.

After considering this problem, Lectric Limited requested a license from Fisher Guide Division of General Motors to duplicate their original lens design on October 6, 1987. On November 9, 1988, a license was granted to Lectric Limited to produce these bulbs.

On March 4, 1989, Lectric Limited contracted with Corning Glass to produce the lenses in accordance with J579A spec. It should be pointed out, that at the time the order to produce these lenses was given, the J579A spec was still on the books. However, shortly after Corning manufactured the tooling to produce these lenses the J579A spec was taken out of the book.

After the J579A spec was declared obsolete (approximately May, 1989), Lectric Limited requested that Corning attempt to upgrade the lens designed to meet J579C. This change also added to the cost of the project, but since the J579C spec would produce a superior and safer product it appeared that the added expenditure would be justified.

Corning was successful in modifying the design to meet J579C spec without noticeable change to the outward appearance of the bulbs and thereby still allowing these bulbs to be acceptable to the vast majority of antique auto enthusiasts.

Lectric Limited was not aware, at the time, that the markings 1D1 or 2D1 were a part of the spec and were required to be on the top of each bulb

produced. These markings on the face of each bulb would in effect make them useless to the antique auto enthusiasts. With no alternative, the car hobbyist would continue to purchase the unsafe but cosmetically accurate junk yard bulbs.

Lectric Limited is a small company and this waste of funds invested would be devastating to its financial future. This, in turn, would cause layoffs and a curtailment in new investments and projects.

OPTION #1

Wagner is requesting permission to produce these bulbs to 579A spec which would allow the use of the word TOP on #6012 (7") bulbs, #1 on 4001 (5 3/4") bulbs and #2 on 4002 (5 3/4") bulbs. We would also not be using the D.O.T. identification on the bulbs.

OPTION #2

Wagner would produce these bulbs to meet 579C specs and would use the word TOP on #6014 (7") bulb in place of 2C1, use the #1 designation on the 5001 (5 3/4") bulbs in place of the 1C1 designation and use the #2 designation on the 4000 (5 3/4") bulbs in place of the 2C1 designation. We would also not be using the D.O.T. identification on these bulbs.

ADDENDUM TO OPTION #2

Lectric Limited is willing to ink stamp the 1D1 or 2C1 and DOT designation on either the face and or the rear of each bulb, in order to avoid mistaking these bulbs for J579A spec bulbs.

Lectric Limited would produce an instruction sheet for insertion in each bulb package or print instructions on each box explaining the variations to the end user. This would also help to avoid confusion.

Lectric Limited is also willing to assure that these bulbs will only be marketed through antique auto specialty retailers and not through major chain stores and retail outlets. This, in addition to the added cost of the bulb which will be necessitated by the small production volume, and the need to amortize the tooling cost over a limited run will help to assure that these bulbs will not be in wide use in everyday transportation vehicles.

In short, Lectric Limited is willing to do whatever is necessary to satisfy the NHTSA requirements in order to obtain a reasonable variation to the 579C spec in regard to the 1D1 and 2C1 designation issue.

We believe that this product will, in effect, enhance the safety of antique automotive enthusiasts and a variation should be granted on these grounds as well as the others stated in this request.