Interpretation ID: hyundai.ztv

Mr. Roger Babcock
Manager, Corporate Affairs
Hyundai America Technical Center, Inc.
5075 Venture Drive
Ann Arbor, MI 48108

Dear Mr. Babcock:

This is in reply to your letter of March 19, 2003, asking for an interpretation as to whether Federal Motor Vehicle Safety Standard (FMVSS) No. 108 preempts a California statute relating to fog lamps.

You reported that "a California statute, Title 13, Section 691" states that "Foglamps shall be mounted so the inner edge of the lens retaining ring is no closer than 10 cm (4 in.) to the optical center of the front turn signal lamp."In your view, "FMVSS 108 allows fog lamps to be located less than 4 inches from front turn signal lamps in certain circumstances" by virtue of "SAE J588, which is incorporated into FMVSS 108."

Under 49 U.S.C. 30103(b), Preemption, a State may prescribe or continue in effect a standard "applicable to the same aspect of performance of a motor vehicle . . . only if the standard is identical to" a Federal motor vehicle safety standard that is in effect. Fog lamps are not required items of lighting equipment under FMVSS No. 108. Thus, the action by California in regulating the spacing between fog lamps and turn signal lamps is not "an aspect of performance" that is covered by FMVSS No. 108. Therefore, we do not find that FMVSS No. 108 preempts the California statute.

We do not view SAE J588 as relevant to this issue. SAE J588 NOV84, "Turn Signal Lamps For Use on Motor Vehicles Less Than 2032 MM in Overall Width," is incorporated by reference in FMVSS No. 108 as the Federal standard applicable to turn signal lamps on passenger cars and motorcycles, and on multipurpose passenger vehicles, trucks, trailers, and buses of less than 80 inches (2032 mm) in overall width (see S5.1.1 and Table III). J588 does contain references to fog lamps. Under J588, if the lighted edge of "the low beam headlamp or any additional lamp used to supplement or used in lieu of the lower beam, such as an auxiliary low beam or fog lamp" is closer than 100 mm (4 in.) to the geometric centroid of the front turn signal functional lighted area, the luminous intensity of the turn signal lamp is required to be higher than it would be if the spacing between the turn signal and other lamp were 100 mm or greater (See J588, 5.1.5.4 and 5.1.5.4.2). But the reference to fog lamps is illustrative only, and the thrust of J588 is to regulate performance of turn signal lamps.

If you have any questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:108
d.5/2/03