Interpretation ID: 17460.ztv

Mr. John W. Cook
Dir. Materials Mgmt/Product Development
Pace American, Inc.
11550 Harter Drive
Middlebury, IN 46540

Dear Mr. Cook:

This is in reply to your letter of March 5, 1998, asking for a "waiver" from a requirement of Federal Motor Vehicle Safety Standard No. 108.

Pace American manufactures cargo trailers. You would like "to delete the rear clearance light and to cover the requirement as a combination light with the tail light location." You realize that "rear clearance lamps may not be combined with tail lights," but you foresee a "confusing 'stacked' lighting scenario" with your intended location for rear taillamps.

We cannot grant a waiver on the basis of a letter. The procedures to be followed in obtaining temporary exemptions from a Federal motor vehicle safety standard are contained in 49 C.F.R. Part 555, which affords four bases on which a manufacturer may apply for an exemption. We do not view any of these bases as affording a justification for granting an exemption from the prohibition of S5.4 of Federal Motor Vehicle Safety Standard No. 108 against optically combining clearance lamps and taillamps. We have studied the materials you sent. The clearance lamps, mounted on the rear fender, are consistent with the requirements of Standard No. 108 that they be located to indicate the overall width of the vehicle and as high as practicable. We fail to understand why you feel the placement of the clearance lamp in relation to the taillamp would create confusion.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
John Womack
Acting Chief Counsel
ref:108
d.5/22/98