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Interpretation ID: nht90-2.5

TYPE: INTERPRETATION-NHTSA

DATE: APRIL 9, 1990

FROM: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

TO: ROBERT A ROGERS -- DIRECTOR, ASE, EAS

TITLE: NONE

TEXT:

This is in reply to your letter asking for confirmation that an interpretation of a notice of proposed rulemaking remains in effect with respect to the final rule based upon that proposal. I regret the delay in responding.

Specifically, you reference an interpretation dated September 12, 1988, that this office provided Koito Corporation, informing it that each of the two Vehicle Headlamp Aiming Device (VHAD) designs depicted "complies with the intent of S7.7.5.2" of Standa rd No. 108. The second design consisted of a detachable spirit level that would be inserted in the bulb socket for the purpose of aiming the headlamp. We informed Koito that under subsection (b)(7) photometric testing is provided for "the VHAD and head lamp assembly (if the headlamp is separable or intended to be used with the VHAD), and that this meant that the VHAD may be integral with the headlamp assembly or separate from it. However, we also cautioned that our comments were based upon the proposa l, and could change with the issuance of the final rule.

You have commented that the final rule was the same with respect to the pertinent VHAD wording. This is not entirely true. The final rule (paragraph S7.7.5.2(b)(vii)) omitted the parenthetical phrase "(if the headlamp is separable or intended to be use d ,with the VHAD). You also noted that paragraph S7.7.5.2(c)(1) of the final rule defines a headlamp assembly as "(the headlamp(s) and the integral or separate VHAD mechanism)". The intent of this language is to specify a VHAD that is a permanent part of the headlamp, and hence integral, or to have a separate VHAD that is part of the mounting mechanism. It was not meant as permitting a VHAD that could be physically separated from headlamp or the mounting mechanism. Thus, in our view and upon our fur ther consideration of the matter, a detachable VHAD does not meet the "intent" of the final rule.

This means that the spirit level design described in your letter, which is not integral to the headlamp or mounting mechanism, is not permissible. We shall provide Koito with a copy of this letter.

DATE: October 3, 1989

FROM: ROBERT A. ROGERS -- DIRECTOR, ASE

TO: STEPHEN P. WOOD -- ACTING CHIEF COUNSEL, NHTSA

COPYEE: AUGUST BURGETT; BARRY FELRICE The purpose of this letter is to request that the NHTSA affirm a previous FMVSS 108 interpretation that it has issued. The interpretation involves the applicablity of vehicle headlamp aiming device (VHAD) requirements and is relevant to a design which G eneral Motors is considering.

BACKGROUND

On December 29, 1987, NHTSA published an NPRM (Dicket 85-15, Notice 5) which prrposed extensive revisions to FMVSS 108, including a provision to allow a VHAD.

In a letter dated April 8, 1988, Koito Manufacturing Company asked the agency for confirmation that two different VHAD designs that it was contemplating would comply with the proposed FMVSS 108 revisions. The second design described in the Koito lett er consists of a detachable spirit level that would be inserted in the bulb socket for the purpose of aiming the headlamp. Once the headlamp is aimed, the spirit level would be removed and the headlamp bulb would be reinstalled for normal operation. Th e key aspect of this design is that the VHAD is separate from, rather than integral to, the headlamp.

In responding to Koito on September 12, 1988, the agency stated:

"With respect to your two designs, you appear to have understood that the agency's intent in the proposal was to provide broad parameters for VHADs to afford manufacturers design freedom in meeting the specifications. Under S7.7.5.2 it is the headlam p system that 'includes' a VHAD, rather than 'incorporates' it. Under subsection (b)(7) photometric testing is provided for 'The VHAD and headlamp assembly (if the headlamp is separable or intended to be used with the VHAD)...' This means that the VHAD may be integral with the headlamp assembly, or separate from it (though presumably provided with the vehicle as part of its original equipment), as fits the manufacturer's design. Each of your designs complies with the intent of S7.7.5.2; however, I must emphasize that this (Notice 5) is only a proposal, and the form of a final requirement, if any, has not been determined.

On May 9, 1989, the agency issued a Final Rule (docket 85-15, Notice 8) patterned after the Notice 5 NPRM. With respect to the pertinent VHAD wording, the Final Rule was the same as the NPRM, and the preamble left unchanged the position stated above.

GENERAL MOTORE DESIGN:

The Notice 5 NPRM and Notice 8 Final Rule were partially the result of GM's petitions to permit the use of our new 55 X 135 millimeter integral beam headlamp. This new headlamp (scheduled for introduction in the 1991 model year) has been reviewed on several occasions with agency personnel. During those reviews, we indicated that the 55 X 135 would employ a spirit level VHAD that is integral to the headlamp mounting assembly.

The integral VHAD design entails four spirit levels on each vehicle - one for each headlamp. However, we have recently developed an alternative spirit level VHAD for the 55 X 135 which is not integral to the headlamp assembly. By adopting the non-in tregral VHAD, we are able to provide a single spirit level with each vehicle. This results in a significant cost saving opportunity. The proposed non-intregral VHAD would be furnished with each vehicle equipped with 55 X 135 integral beam headlamps. Th e attached sketch illustrates the VHAD we are comtemplating. To vertically aim the headlamp, the three legs of the VHAD adaptor would be held to the headlamp aiming ring, as shown in the sketch. The vertical adjusting screw on the headlamp would then b e turned to obtain a zero reading of the spirit level, just as with the earlier integral VHAD design.

As mentioned, a move to this VHAD design represents a significant cost saving opportunity for purchasers of the 55 X 135 headlamp. The separate VHAD also serves equally well as the integral VHAD in meeting the needs of motor vehicle safety.

We have carefully reviewed the wording of S7.7 of FMVSS 108, and we believe it supports the use of the separate VHAD being considered for the 55 X 135. In particular, S7.7.5.2(c)(1) explicitly comprehends a VHAD design of the type GM is developing.

Like Koito, GM understands "...that the agency's intent in the proposal was to provide broad parameters for VHADs to afford manufacturers design freedom in meeting the specifications". We also believe that this intent is carried forward to the Final Rul e, since the pertinent wording was unchanged.

However, given that the agency emphasized that its September 12, 1988, comments were based on an NPRM only, we seek confirmation that the agency's interpretation of the actual standard is the same as the September 12 interpretation of the NRPM.