Interpretation ID: aiam4181
President
Corleone International Traders
Inc.
P.O. Box 3417
Los Angeles
CA 90028;
Dear Mr. Kazakian: This is in reply to your letter of April 29, 1986, to which wa attached a 'Magic Eyes Brake Light'. This device consists of two small lamps whose primary functions are to flash automatically 'upon catching light within safety range and when the car's brake is in use'. The purpose of the device is to reduce rear end collisions. The artwork on the package shows the lamps mounted at the base of the rear window on either side of the vehicle's vertical centerline. You asked that your letter be treated as a petition for rulemaking to require the device as original equipment or for the aftermarket.; I regret that we have decided to deny your petition that the device b required as original equipment. The agency's research has shown that the most effective device for reducing rear end collisions is the single center high-mounted stop lamp, and the agency now requires that device to be installed as original equipment on passenger cars. You have presented no facts that demonstrate that an amendment of the nature you have requested is necessary. Although the agency has specified no requirements for aftermarket supplementary stop lamps (other than those that replace original equipment), on the basis of the agency's research, we believe that aftermarket equipment should meet as closely as possible the specifications for original equipment. Therefore, we are also denying your petition for aftermarket equipment.; We would like to advise you that there are no Federal restrictions o the importation and sale of 'Magic Eyes'. However, any State may impose its own restrictions on the use of this lamp on roads within its borders, and you should consult these laws before selling the device.; As a final note, the copy for model JA 201 on the package states 'T comply with latest United States' regulations, this single lamp lights on automatically upon catching light within safety range and when the car's brake is in use'. Please delete the reference to United States regulations on your packages. The single lamp required by the United States is steady burning and has but one function, to indicate application of the brake pedal. It cannot be combined with any other light or device. In comparison, your lamp has two functions, and appears to flash in each.; As an accessory item of motor vehicle equipment, your lamp is subjec to the notification and remedy provisions of the National Traffic and Motor Vehicle Safety Act. This means that if a safety related defect occurs in th (sic) lamp, the manufacturer or importer is obligated to inform dealers, distributors and purchasers to repair, repurchase, or replace the item. We are returning your device with this letter.; Sincerely, Barry Felrice, Associate Administrator for Rulemaking