Interpretation ID: 77-1.11

TYPE: INTERPRETATION-NHTSA

DATE: 01/26/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Mercedes-Benz of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 21, 1976, asking whether Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment applies to fog lamps installed on the rear of passenger cars.

No requirements of Standard No. 108 apply to fog lamps and they are subject to regulation by the individual states. Pursuant to S4.1.3, however, they may be prohibited if they impair the effectiveness of lighting equipment required by Standard No. 108.

You also asked that, absent inclusion of these lamps in Standard No. 108, your letter be treated as a petition "for rulemaking to amend Standard No. 108 to include such lighting requirements . . . for optional use on passenger cars." Your submission does not meet the requirements of our procedural regulations, a copy of which I enclose. Specifically, pursuant to 49 CFR 552.4(c) you should "set forth facts which it is claimed establish that an order is necessary." Among these facts should be reasons why you are petitioning for "optional" rather than mandatory use on passenger cars, and why other vehicles are not included in your petition (if, in fact true).

SINCERELY,

MERCEDES - BENZ OF NORTH AMERICA. INC.

December 21, 1976

National Highway Traffic Safety Administration Office of the Chief Counsel

Subject: Request for Interpretation FMVSS 108

FMVSS 108 specifies performance requirements for certain lamps, reflective devices and associated equipment for use on passenger cars. Mercedes-Benz of North America, Inc. hereby requests interpretation as to whether or not this standard applies to the performance and installation of fog lamps installed on the rear of passenger cars.

This request for interpretation specifically concerns those fog lamps currently used in Europe and subject to EEC regulations, a copy of which is enclosed for your review.

These requirements include a minimum candela output of 150 cd to a maximum of 300 cd measured at any test point within +/- 10 degrees right and left of the lamp axis and +/- 5 degrees up and down on the vertical axis.

The effective projected luminous area for these types of lamps is 140 sq. cm (21.7 sq. in.) maximum. These lamps are wired so as to be switched on with the headlamps and front fog lamps. The color emitted from the lamp when lighted is red within the appropriate SAE-CIE coordinates. The lamp is installed on/or at the rear of the vehicle, left of the centerline, no closer than 100 mm from the stop lamp.

Should this type of lighting device be subject to the current requirement of FMVSS 108, an interpretation is requested as to which aspect of performance this lamp should be designed.

Should this type of lighting device not be subject to the above standard, Mercedes-Benz of North America, Inc. hereby petitions for rulemaking to amend Standard 108 to include such lighting requirements as previously described for optional use on passenger cars.

Samples of these types of lighting devices can be made available for review and testing. Should additional data be necessary to further evaluate this type of lighting system as currently regulated by EEC, please do not hesitate to contact this office.

HEINZ W. GERTH