Interpretation ID: 2400y
Wagner Division
Cooper Industries, Inc.
155 Algonquin Parkway
Whippany, NJ 07981
Dear Mr. Waltz:
This is in reply to your letter requesting permission for deviations from marking requirements for round sealed beam headlamps.
Wagner has been asked to assemble some headlamps designed to appear as closely as possible to those produced by Guide Lamp in the l950's. The lamps would be marked "l" and "2" in accordance with the nomenclature of the day, rather than "2Dl", "1C1", and "2C1", as required by Standard No. l08. The DOT symbol would not be provided, "since this obviously was not on the original lamps." You have informed us that the lamps "will be made to today's photometric standards" and "subjected to all the tests currently required of the round headlights." Finally, "they will be distributed on a limited basis through antique parts dealers."
I am sorry, but we have no authority to exempt manufacturers of motor vehicle equipment from any requirements of the Federal motor vehicle safety standards. Our temporary exemption authority under l5 U.S.C. 1410 extends only to motor vehicles. Further, we have no authority to exempt manufacturers of either vehicles or equipment from their statutory obligation to certify through use of the DOT symbol that their products meet all applicable Federal motor vehicle safety standards.
Under Federal Motor Vehicle Safety Standard No. l08 Lamps, Reflective Devices, and Associated Equipment, the motor vehicle lamps which you have identified, and for which you ask an exemption are designated Type C and Type D sealed beam headlamps. As such, they must be designed to conform to the photometric requirements of SAE Standard J579c, December l978, which are incorporated by reference in Standard No. l08. They are considered replacement equipment, and must conform to all requirements of Standard No. 108, including marking and certification.
Standard No. l08 covers both original and replacement vehicle equipment. Depending on the vehicle category, it became effective for original equipment on January 1, l968, and January 1, l969. On January 1, l972, it became effective for equipment intended to replace original equipment on all motor vehicles manufactured on and after January 1, l972. Therefore, it might appear that the standard would not apply in any event to replacement equipment for l950's vehicles. However, the headlamps you describe are designed to conform to all contemporary requirements, except marking and certification. Even though intended for use on l950's vehicles, these circular headlamps are interchangeable with circular headlamps installed on any vehicle manufactured after the effective dates of Standard No. l08. Therefore, they must be designed to conform with Standard No. l08, and marked and certified accordingly.
The intended markings "l" and "2" would signify mistakenly that the headlamps were designed to conform to SAE Standard J579a, October l965 (which also did not require the DOT symbol on the lens). Until June l989, SAE J579a was incorporated in Standard No. l08 as a permissible option to SAE J579c, but the agency deleted it as the lamps appeared to be out of production. However, even had J579a been retained, we could not have allowed the lenses of headlamps manufactured to J579c to be marked according to J579a.
Sincerely,
Stephen P. Wood Acting Chief Counsel
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