Interpretation ID: 571-108 - outdoor exposure test - Sabic - 08-005252

Mr. Jim Wilson

Marketing Director, Lighting

Sabic Innovative Plastics

Two Towne Square

Southfield, MI 48076

Dear Mr. Wilson:

This responds to your letter regarding requirements for inner lenses in Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Specifically, you asked whether inner lenses are subject to certain performance requirements of the version of FMVSS No. 108 that are scheduled to take effect on December 1, 2009. The answer is that inner lenses are required to meet the haze test requirements, similar to the way they are in the currently applicable version of FMVSS No. 108.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue FMVSSs that set performance requirements for new motor vehicles and new items of motor vehicle equipment (see 49 U.S.C. Chapter 301). NHTSA does not provide approvals of motor vehicles or motor vehicle equipment.  Instead, manufacturers are required to self-certify that their products conform to all applicable safety standards that are in effect on the date of manufacture. NHTSA selects a sampling of new vehicles and equipment each year to determine their compliance with applicable FMVSSs.  If our testing or examination reveals an apparent noncompliance, we may require the manufacturer to remedy the noncompliance, and may initiate an enforcement proceeding if necessary to ensure that the manufacturer takes appropriate action.

In your letter, you state you seek confirmation that FMVSS No. 108 does not require plastic materials used for inner lenses to meet the performance requirements in S14.4.2.2.4 when they are covered by outer material meeting the requirements of that section and not exposed directly to sunlight. Neither the currently applicable version of FMVSS No. 108, nor the version of the standard that becomes effective on December 1, 2009 (hereinafter, the rewrite), supports that position.

For reference, paragraph S5.1.2 of FMVSS No. 108 reads as follows:

S5.1.2 Plastic materials used for optical parts such as lenses and reflectors shall conform to SAE Recommended Practice J576 JUL91, except that:

(a) Plastic lenses (other than those incorporating reflex reflectors) used for inner lenses or those covered by another material and not exposed directly to sunlight shall meet the requirements of paragraphs 3.3 and 4.2 of SAE J576 JUL91 when covered by the outer lens or other material; [emphasis added][1] . . . .

We interpret this requirement as follows. The requirement in S5.1.2 which states that plastic materials shall conform to SAE J576 JUL91 is the general requirement. The subparagraphs ((a) through (g)), are exceptions to this requirement. Therefore, the exception described in subparagraph (a) requires plastic lenses used for inner lenses to meet the specifications of paragraphs 3.3 and 4.2 of SAE J576 JUL91 while covered by the outer lens. This is instead of being required to meet these specifications while directly exposed to sunlight.[2] The inner lenses are not, as you suggest, fully excluded from the general test requirements in S5.1.2.

We believe that the relevant paragraph S14.4.2.2.4 in the rewrite is substantively identical. For reference, that paragraph reads as follows:

S14.4.2.2.4 Performance requirements. Plastic lenses, other than those incorporating reflex reflectors, used for inner lenses or those covered by another material and not exposed directly to sunlight must meet the optical material test requirements when covered by the outer lens or other material.

We interpret this paragraph to establish the same requirements as paragraph S5.1.2 and S5.1.2(a) in the current standard. With regard to plastic used for inner lenses, and not exposed directly to sunlight, they must meet the optical material test requirements when covered by the outer lens. This is the same as is currently required by FMVSS No. 108.

You also provide an analysis as to why you believe that inner lenses are not required to be certified to the specifications of S5.1.2. We respond to that analysis below.

In your letter, you state that in a 1970 final rule (35 FR 16840, October 31, 1970), NHTSA made clear that inner lenses would be considered to be protected when covered by an outer lens and not directly exposed to sunlight. We have reviewed the final rule at

issue and have not found a relevant difference between that version and the current version. It too states that [p]lastic materials used as inner lenses and not exposed directly to sunlight shall meet the requirements of paragraphs 3.4 and 4.2 of SAE J576b when covered by the outer lens or other material.[3]

Finally, we note you argued that the fact that inner lenses are protected is critical when applying the SAE Recommended Practice upon which the standard is based. We agree that the lenses you describe in this letter would be considered protected. However, merely because a lens is protected does not mean it is not subject to a weathering test. Instead, according to the SAE Recommended Practice referenced in FMVSS No. 108 (SAE J576 JUL91), protected lenses are subject to test requirements albeit less stringent requirements than exposed lenses (a 6-month weathering period, instead of 3 years).

If you have any further questions, please contact Ari Scott of my staff at (202) 366-2992.

Sincerely,

O. Kevin Vincent

Chief Counsel

Dated: November 6, 2009

Ref: NCC-112:Ascott:12/11/08:62992: 08-005252

cc: NCC-110 Subj/Chron, Redbook, Docket Standard No. 108

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