[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Pages 47108-47109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23509]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 97-028; Notice 2]
Hella K.G., Hueck & Co.; Grant of Application for Decision of
Inconsequential Noncompliance
This notice grants the application by Hella K.G., Hueck & Company
(Hella) to be exempt from the notification and remedy requirements of
49 U.S.C. 30118(d) and 30120(h) for noncompliance with 49 CFR 571.108,
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ``Lamps,
Reflective Devices and Associated equipment.'' The basis of the
application is that the noncompliance is inconsequential to motor
vehicle safety.
Notice of receipt of the application was published in the Federal
Register on April 18, 1997, requesting comments on Hella's application,
with a 30-day comment period (62 FR 19168). No comments were received
on the Notice.
Paragraph S.7.5(g) of FMVSS No. 108 requires that the lens of each
replaceable bulb headlamp shall bear permanent marking in front of each
replaceable light source with which it is equipped that states the HB
Type, if the light source is designed to conform to specified
subparagraphs.
Hella's description of the inconsequential noncompliance follows:
VAN HOOL buses of Belgium designed a new bus (T9) which is
intended to be exported to the U.S.A. HELLA K.G. in Germany designed
and manufactured the US-type headlamps but inadvertently exchanged
the required bulb designation on the headlamp's lens so that an ``HB
3'' marking appears in front of the HB 4 reflector area--and vice
versa. The total manufacturing of these headlamps has been done in
1996 in advance of a two years need for the intended export of the
buses. Today, only a few buses for expositions for vehicle shows has
been exported to the U.S.A. About [a] hundred headlamps are still on
stock at HELLA, VAN HOOL or HELLA's representative in Belgium.
Hella supports its application for inconsequential noncompliance
with the following:
Federal Motor Vehicle Safety Standard No. 108 (FMVSS 108)
requires in Section S.7.5(g) that the relevant light source
designation has to be marked on the lens in front of the
[[Page 47109]]
headlamps reflector area. This is the case but the marking does not
appear at the correct location. We [Hella] do not see any violation
of highway safety because the bulb and socket system have indexing
features that prevent a misuse or wrong insertion into a headlamp
where the bulb is not designed to be used for. So, only some kind of
irritation may occur whenever a bulb has to [be] replaced. Another
important aspect will be that the relevant vehicles are not sold to
a random experienced motorist but only to professionals and the
service of the bus will also be done by an experienced staff.
VAN HOOL's representative in the U.S.A.: Distributor, ABC Coach
Inc.,7469 West Highway, Winter Garden, FL 32787 USA, will be
informed about this case. The total number of buses involved will be
300 within the next two years.
In November 1996 and December 1996 each two vehicles are already
delivered. The next scheduled delivery will be in April 1997 (13
buses).
Remedy action: A warning label on the back of the headlamp
housing near the bulbs indicates the correct bulb type designation
to be used. (A retooling or labeling of the lens with the proper
markings will cause the headlamp photometry to fail in terms of
photometric performance.)
Discussion and Decision
The National Highway Traffic Safety Administration (NHTSA) concurs
with the Hella statements that the HB3 and HB4 bulb socket systems have
indexing features (a key system) that prevent a misuse or wrong bulb
insertion into a headlamp where the bulb is not designed to be used in
that specific headlamp, i.e., a HB3 bulb can not be inserted into a
headlamp designed to accept a HB4 bulb and vice versa. Hella stated
that it would implement a remedy action of a warning label on the back
of the headlamp housing near the bulb indicating the correct bulb type
designation to be used as a replacement. NHTSA believes that this
labeling will be useful in ameliorating the lack of proper marking on
the face of the headlamp lens, so that information regarding the
correct replacement bulb is clearly available to an individual wishing
to replace the bulb. Additionally, Hella has stated in its letter of
application that the vehicles that are equipped with the mislabeled
bulbs will not be sold to the general public, but to a professional
service with an experienced staff. The implication of this statement is
that the experienced staff would better understand that the bulbs were
mislabeled.
As a result of the action being taken by Hella, and because of the
bulb and socket key design, NHTSA has concluded that Hella has met its
burden of persuasion that the noncompliance herein described is
inconsequential to motor vehicle safety. Consequently, NHTSA is
granting the application for exemption from notification of the
noncompliance as required by 49 U.S.C. 30118 and from remedy as
required by 49 U.S.C. 30120.
It should be noted that the agency's authority under the
inconsequentiality provisions is limited to providing relief from the
obligation to notify and remedy noncompliance for items already sold to
customers. Accordingly, further sale or distribution of such headlamps
as Hella has determined do not conform to FMVSS No. 108, whether by
Hella or its distributors, would be a violation of 49 U.S.C. 30112(a),
and render the violators liable for civil penalties. In its letter of
application for an inconsequential noncompliance to the agency Hella
stated that in November 1996 and December 1996 two vehicles each, with
the mislabeled headlamps were delivered to their customer. Hella
further stated that the next delivery was scheduled for April 1997 (13
buses). The total number of buses equipped with the subject bulbs will
be 300 within the next two years. NHTSA, in an April 1997 letter to VAN
HOOL buses, Hella, and other appropriate parties, advised that the
Hella application for inconsequential noncompliance is applicable only
to the four buses mentioned in its letter of application, delivered
before the filing of Hella's application.
(49 U.S.C. 30118 and 30120; delegations of authority at 49 CFR 1.50
and 501.8)
Issued on: August 29, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-23509 Filed 9-4-97; 8:45 am]
BILLING CODE 4910-59-P
