Interpretation ID: aiam2194
Esq.
Secretary and General Counsel
WAGNER ELECTRIC CORPORATION
100 Misty Lane
Parsippany
NJ
07054;
Dear Mr. Arnold: This is in reply to your letter of December 11, 1975, referring to ou letter to Ideal Corporation of September 17, 1975. You commented that 'customers believe that the NHTSA approves the unqualified use of variable-load flashers for replacement turn-signal applications.' You have requested 'confirmation that the intent of Standard 108, S4.5.6 is to only permit a variable-load flasher to be used only on an Excepted Vehicle.' Your interpretation is incorrect.; Although the NHTSA does not approve of the use of variable-load tur signal flashers as replacement for fixed-load flashers, the choice of replacement equipment for a vehicle in use is that of the consumer, and is not subject to Federal control. We have no authority to require that the owner of a vehicle originally equipped with a fixed load flasher replace it with a fixed load flasher. This may be the reason for your confusion with respect to the NHTSA's reaction to Ideal Corporation's petition for rulemaking. It was not necessary to amend the standard as requested by Ideal, since it already allowed the type of replacement suggested, and this agency generally does not regulate modifications by consumers. Such an amendment would have been superfluous.; As indicated in our letter to Ideal, we continue to believe i preferable that consumers be informed that a variable load flasher will not provide an outage indication. To this end the NHTSA is considering rulemaking that would require labeling on containers of variable-load flashers.; Yours truly, Richard B. Dyson, Assistant Chief Counsel