Interpretation ID: nht76-2.24

DATE: 04/12/76

FROM: AUTHOR UNAVAILABLE; S. P. Wood for F. Berndt; NHTSA

TO: H. A. Heffron, Esq.

COPYEE: JOHN J. GIESGUTH

TITLE: FMVSS INTERPRETATION

TEXT: Re: Yankee Metal Products Corporation

Dear Mr. Heffron:

This is in reply to the petition of March 16, 1976, by your client Yankee Metal Products Corporation ("Yankee" herein) for an interpretation of 49 CFR 571.108, Motor Vehicle Safety Standard No. 108. Yankee seeks an interpretation "that the use of strobe type signal warning lamps on school buses is permissible provided that such lamps meet the specific performance requirements in S4.1.4 which incorporates SAE Standard J887."

Yankee has submitted a test report by Electrical Testing Laboratories, Inc. indicating conformance to SAE Standard J887 including its photometric requirements. Yankee has also submitted an opinion by a professional engineer that "the Yankee strobe lights tested by ETL meet the photometric requirements of SAE J887."

As you know, this agency does not "approve" specific lighting devices prior to their introduction into interstate commerce, and all that is legally required is that the manufacturer certify that its product meets all applicable Federal motor vehicle safety standards. The ETL report and professional opinion indicate that the design of the Yankee system complies with SAE J887, and thus they provide a basis upon which Yankee could certify that its system meets Standard No. 108. Therefore the use of its strobe type signal warning lamps appears to be permissible under Standard No. 108.

This means that the interpretation provided Mr. John J. Giesguth on December 9, 1975, does not apply to any strobe light system where an equivalency of conforming performance can be demonstrated, as Yankee appears to have done.

Sincerely,

LAW OFFICES HOWARD A. HEFFRON

202-872-0417

March 16, 1976

Frank Berndt, Esquire -- Acting Chief Counsel, National Highway Traffic Safety Administration

Re: Yankee Metal Products Corporation

Dear Mr. Berndt: I represent Yankee Metal Products Corporation of Norwalk, Connecticut in connection with the request for an interpretation of MVSS 108 submitted to your office today. Please communicate directly with me regarding this matter.

I would think that an early meeting between Yankee and NHTSA representatives to discuss the technical points presented and any related questions would be useful and help to expedite consideration of the matter and request that at an early date a conference for this purpose be scheduled.

Very truly yours,

Howard A. Heffron