Interpretation ID: aiam1725
Esq.
Messrs. Arent
Fox
Kintner
Plotkin & Kahn
1100 Federal Bar Building
1815 H Street
N.W.
Washington
DC 20006;
>>>Re: Petition for Rulemaking - Proposed Amendment of S4.5.6, Federa Motor Vehicle Safety Standard No. 108, As Revised, *October 31, 1970.*<<<; Dear Mr. Kintner: This is in response to the petition for rulemaking of January 1 submitted on behalf of your client, Ideal Corporation, for an amendment of S4.5.6 of Federal Motor Vehicle Safety Standard No. 108, *Lamps, Reflective Devices, and Associated Equipment*, 35 F.R. 16840.; It is our understanding, based upon the meeting held on February between representatives of your firm, Ideal Corporation, and NHTSA, that your client wishes to continue its established marketing practice of selling variable load flashers in the after market and of advertising these flashers as 'all purpose' flashers. We understand further that variable load flashers frequently are purchased as replacements for fixed load flashers. When a variable load flasher is installed as a replacement for an original equipment fixed load flasher, it does not provide the outage indication required by S4.5.6. Your client therefore questions whether, under these circumstances, it could properly certify compliance with Standard No. 108 when the standard becomes applicable to replacement equipment.; The amendment proposed in the petition would add the following sentenc to S4.5.6:; >>>'Variable load flashers are permitted as replacement equipment b Standard 108 for any vehicle contemplated by Paragraph S2 herein, where such devices shall operate in accordance with Tables I and III, as applicable.'<<<; In our view Standard No. 108 permits your client to continue it practice and to properly certify compliance. S2 states in pertinent part that the standard applies to 'lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this standard applies.' This means that equipment must comply with applicable requirements regardless of whether it is used as original or replacement equipment. For example, original and replacement variable load flashers must both meet the appropriate requirements of SAE Standard J590b, 'Automotive Turn Signal Flashers,' October 1965. It is not intended that a variable load flasher used as replacement for a fixed load flasher must provide the outage indication required by S4.5.6 for vehicles originally equipped with a fixed load flasher.; Although there presently is no legal prohibition on the advertising an sale of variable load flashers, we believe that your client should, in the interest of safety, either market variable load flashers only as replacements for like items or call prospective, purchasers' attention to the fact that the flashers do not provide an outage indication. While the owner of a vehicle originally equipped with a fixed load flasher should be free to balance the merits of a fixed load flasher (such as the outage indication) with those of a variable load flasher (such as the continuing flash), he should not be misled as to the characteristics of each type, including the one with which his vehicle was originally equipped.; Please advise us within 10 days of the date of this letter if you wis to pursue this petition further, otherwise we shall consider the petition withdrawn.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel