[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4420-4421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1417]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0177; Notice 1]
OSRAM SYLVANIA Products, Inc., Receipt of Petition for Decision
of Inconsequential Noncompliance
OSRAM SYLVANIA Products, Inc., (OSRAM SYLVANIA) \1\, has determined
that certain Type ``H11 C'' light sources that it manufactured fail to
meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated
Equipment. OSRAM SYLVANIA has filed an appropriate report pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports,
dated August 24, 2010.
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\1\ OSRAM SYLVANIA Products, Inc., is organized under the laws
of the State of Delaware and is a manufacturer and importer of
replacement equipment.
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), OSRAM SYLVANIA has petitioned for an exemption
from the notification and remedy requirements of 49 U.S.C. chapter 301
on the basis that this noncompliance is inconsequential to motor
vehicle safety.
This notice of receipt of OSRAM SYLVANIA's petition is published
under 49 U.S.C. 30118 and 30120 and does not represent any agency
decision or other exercise of judgment concerning the merits of the
petition.
OSRAM SYLVANIA estimates that approximately 28,412 ``H11 C'' light
sources(bulbs) that it manufactured on June 23 and 24, 2010 are
affected. All of the affected light sources were manufactured by OSRAM
GmbH, Industriestrasse, Herbrechtingen, Germany.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allows NHTSA to exempt
manufacturers only from the duties found in sections 30118 and 30120,
respectively, to notify owners, purchasers, and dealers of a defect or
noncompliance and to remedy the defect or noncompliance.
Paragraph S7.7 of FMVSS No. 108 requires in pertinent part:
S7.7 Replaceable light sources. Each replaceable light source
shall be designed to conform to the dimensions and electrical
specifications furnished with respect to it pursuant to part 564 of
this chapter, and shall conform to the following requirements:
(a) If other than an HB Type, the light source shall be marked
with the bulb marking designation specified for it in compliance
with Appendix A or Appendix B of part 564 of this chapter. The base
of each HB Type shall be marked with its HB Type designation. Each
replaceable light source shall also be marked with the symbol DOT
and with a name or trademark in accordance with paragraph S7.2* * *
OSRAM SYLVANIA described the noncompliance as the mismarking of
type ``H11 C'' lighting sources as type ``H11.''
[[Page 4421]]
In its petition OSRAM SYLVANIA argues that the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
(1) The noncompliance in this case pertains solely to the failure
of the subject light sources to meet the applicable markings
requirements.
(2) ``H11 C'' light sources are designed to be completely
interchangeable with the original ``H11'' light sources. When Philips
Lighting B.V., submitted its modification to the ``H11'' light source
specification that became the ``H11 C'' specification it certified that
use of the ``H11 C'' light source will not create a noncompliance with
any requirement of FMVSS No. 108 when used to replace ``H11'' light
source in a headlamp certified by its manufacturer as conforming to all
applicable Federal motor vehicle safety standards. Subject ``H11 C''
light sources are designed to conform to Part 564 Docket NHTSA 98-3397-
81 including the additional requirements under IX. In other words,
inadvertent installation of a subject ``H11 C'' light source in place
of an ``H11'' light source--or vice versa--will not create a
noncompliance with any of the performance or interchangeability
requirements of FMVSS No. 108 (including beam pattern photometrics) or
otherwise present an increased risk to motor vehicle safety.
(3) ``H11 C'' light sources have the same filament position,
dimension and tolerances, capsule and capsule support dimensions, bulb
base interchangeability dimensions, seal specifications, and electrical
specifications as the ``H11.'' The only difference between the ``H11''
light source and the ``H11 C'' light source is that the ``H11 C''
provides for the light transmitting portion of the glass wall to
incorporate a color controlling optical filter in order to improve
visibility.\2\
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\2\ Petition for ``H11 C'' Replaceable Light Sources Listing,
Docket NHTSA 98-3397-81, November 1, 2007.
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(4) The agency has concluded in previous similar petitions that a
noncompliance is inconsequential when mismarked light sources are
otherwise fully compliant with the performance requirements of the
standard.
Supported by the above stated reasons, OSRAM SYLVANIA believes that
the described FMVSS No. 108 noncompliance is inconsequential to motor
vehicle safety, and that its petition, to exempt it from providing
recall notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120,
should be granted.
Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
Comment closing date: February 24, 2011.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)
Issued on: January 18, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-1417 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-59-P