Interpretation ID: 22204.ztv

M. Guy Dorleans
International and Regulatory Affairs Manager
VALEO
34, rue Saint-Andre
93012 Bobigny
France

Dear M. Dorleans:

This is in reply to your letter of September 20, 2000, asking for interpretations of 49 CFR Part 564 and Federal Motor Vehicle Safety Standard No. 108.

Your company is presently developing "a headlamp which incorporates a replaceable gas-discharge light source with a ballast as a dedicated power supply." The light source is one for which information has been filed pursuant to 49 CFR Part 564 in Docket No. National Highway Traffic Safety Administration (NHTSA) 98-3397. The ballast, which is "completely encased in the headlamp, is not removable from the headlamp, and is not sold as a spare part," is not part of the list. You believe that the requirements of Part 564 do not apply to this headlamp and that you are not required to submit the information specified in Sec. 564.5(d)(1), (2), and (3).

Under the provisions of Sec. 564.5(d), a manufacturer may request modification of a light source for which information has previously been submitted. Because the ballast is a listed part necessary for interchangeability (Sec. 564, Appendix B, paragraph V, subsection A), you must submit the ballast part number. Even though the ballast is incorporated in the headlamp, and its part number is the same as the headlamp, its part number must be submitted because it is a modification of the basic information regarding light sources whose information is already listed in the Part 564 docket.

You have a question relating to Standard No. 108 as well. Paragraph S7.7(e)(1) through (e)(7) specifies marking requirements for ballasts necessary for operation of replaceable light sources. One face of the ballast in Valeo's headlamp is visible from outside the headlamp. You have asked whether the ballast in the Valeo headlamp must be marked in accordance with S7.7(e).

Paragraph S7.7(e) is the only NHTSA regulation that imposes specific requirements on ballasts. The paragraph does not distinguish between ballasts that are integrated into a headlamp and those that are exterior to it. The intent of the marking requirement is to inform the reader primarily of product identification, rated laboratory life of the light source/ballast combination, warning of potential shock hazard, and a DOT certification to these requirements. In our opinion, these markings are required under the headlamp design you posit, one in which a ballast is incorporated into the headlamp housing and is not replaceable alone.

If you have further questions, you may refer them to Taylor Vinson of this Office (202-366-5263).

Sincerely,

Frank Seales, Jr.
Chief Counsel

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d.11/14/00