Panda Power LLC, Denial of Petition for Decision of Inconsequential Noncompliance |
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Topics: Panda Power
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Nancy Lummen Lewis
National Highway Traffic Safety Administration
June 27, 2013
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38800-38801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15470]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0166; Notice 2]
Panda Power LLC, Denial of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Denial of Petition.
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SUMMARY: Panda Power LLC (Panda Power) \1\, has determined that High
Intensity Discharge (HID) lighting kits \2\ that it imported and sold
during 2007, 2008 and 2009 failed to meet the requirements of paragraph
S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps,
Reflective Devices, and Associated Equipment. Panda Power has filed an
appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports, dated February 10, 2010.
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\1\ Panda Power, LLC (Panda Power) is organized under the laws
of the State of Arizona and is the importer of the subject
nonconforming replacement equipment. Panda Power sold the
nonconforming replacement equipment while doing business under the
name Mobile HID.
\2\ Panda Power's high-intensity lighting (HID) kits each
contained 2 light sources, 2 ballasts and a wiring harness with
relay and fuse).
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Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Panda Power 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. Notice of
receipt of the petition was published, with a 30-day public comment
period, on December 21, 2010 in the Federal Register (75 FR 80110).
Comments were received from Daniel Stern Lighting Consultancy and
Michael F. Turpen. To view the petition, all supporting documents, and
the comments, log onto the Federal Docket Management System (FDMS) Web
site at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2010-0166.''
FOR FURTHER INFORMATION CONTACT: For further information on this
decision, contact Mr. Michael Cole, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone (202) 366-2334, facsimile (202) 366-7002.
Lighting Kits Involved: Affected are approximately 1,851 headlamp
kits that Panda Power sold during 2007, 2008 and 2009. All of the
affected HID headlamp kits were manufactured by Guangzhou Kingwoodcar
Company, LTD, Guangzhou City, China.
Summary of Panda Power's Analyses: Panda Power did not describe the
noncompliances in detail, instead it deferred to the agency's concern
that the subject HID headlamp kits may not comply with one or more of
the regulations enforced by the agency. This concern was described as
an apparent noncompliance in a letter NHTSA sent to Panda Power dated
September 2, 2009. The letter was sent to Panda Power as part of a
National Highway Traffic Safety Administration (NHTSA) Office of
Vehicle Safety Compliance Office Activity.\3\
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\3\ Office Activity Number: OA-108-090606G.
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In their petition, Panda Power argues that the noncompliance is
inconsequential to motor vehicle safety for the following reasons: (1)
The HID headlamp kits were originally intended for sale to the
agricultural community to be placed on tractors and combines, for off-
road vehicles, and for exhibition purposes; (2) the HID bulbs that were
sold with the kits in 2007 and 2008 are likely burned out by now and no
longer functioning; and (3) Panda Power no longer sells the HID
headlamp kits.
Supported by the above stated reasons, Panda Power believes that
although the HID headlamp kits do not meet the required dimensional and
electrical specifications of FMVSS No. 108, the 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.
Discussion
Requirement Background
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: (See
a,b,c,d,e, and f)
A new motor vehicle must have a headlighting system that includes
upper beams and lower beams. Among other things, the headlamps must
provide light within a specified range of intensity in certain areas,
and not provide light above specified levels in other areas. In
general, vehicle manufacturers use one of a number of standard
replaceable light sources to achieve the regulatory requirements,
although alternatively they may devise or arrange for development of a
new light source for a new vehicle. For each of these types of light
sources, the dimensions and electrical specifications are furnished to
NHTSA under 49 CFR Part 564. The vehicle manufacturer certifies that
the vehicle with a particular light source meets FMVSSs, including
FMVSS No. 108.
Each headlamp and item of associated equipment (such as a light
source commonly referred to as a headlamp bulb) manufactured to replace
any lamp or item of associated equipment must be designed to conform to
FMVSS No. 108. Each replaceable light source must be designed to
conform to the dimensions and electrical specifications furnished with
respect to it pursuant to 49 CFR Part 564. In addition, NHTSA's
regulations require that the base of the replaceable light source be
marked with the bulb marking designation, that the replaceable light
source meet lighting performance requirements and, if a ballast is
required, additional requirements must be met.
Headlamp replaceable light sources have standard designations.
NHTSA's regulations use terms for the various types of headlamp bulbs,
such as HB1
[[Page 38801]]
and HB2. (Bulb manufacturers tend to use corresponding ANSI trade
numbers such as 9004, as well). Each type of replaceable light source
is unique in dimensional and electrical design so as not to be
interchangeable with another type of replaceable light source. Every
replaceable light source must be designed to conform to the marking,
dimensional, and electrical specifications applicable to the type of
replaceable light source that it replaces. For instance, the
replacement light source must have the same (within a tolerance)
luminous flux (a measure of light output) as the light source it
replaces. When the light source is mounted in a headlamp for that type
of light source, the lamp must discharge light in specified directions
and intensity levels, to satisfy the same requirements of the standard.
If it were otherwise, among other things, the wrong light sources could
be placed in headlamps and the light output would be incorrect or
improper.
NHTSA'S Analyses: Panda Power argues that the noncompliance is
inconsequential to motor vehicle safety, primarily, because the kits
were originally intended for sale to the agricultural community and to
be placed on tractors and combines, or for off-road vehicles, or for
exhibition purposes. NHTSA reviewed the Office Activity file for the
original investigation with Panda Power. Excerpts from Panda Powers Web
site, dated June 24, 2009, clearly indicate that these items are
intended for motor vehicle headlamps. The site displays pictures of
numerous passenger cars (e.g., Mercedes Benz, Lexus, Toyota, and
Mitsubishi), references other motor vehicles (e.g., BMW), provides a
link to Sylvania's replacement bulb guide for motor vehicles, and
provides pictures of beam patterns as seen on roadways. It also
provides troubleshooting tips for installations on motor vehicles
containing daytime running lamps and how to stop lamp flicker when
hitting bumps in the road. Because of this information, we find that
Panda Powers claim that they sold these items for non-road use to be
disingenuous.
Panda Power further states that its products are likely no longer
functioning. Regardless of the quality of Panda Power's products, the
Motor Vehicle Safety Act requires that manufacturers (defined to
include importers) of noncompliant equipment must notify purchasers of
the noncompliance (pursuant to 49 U.S.C. 30119) and provide a free
remedy (pursuant to 49 U.S.C. 30120). If a free remedy cannot be
provided then repurchase should be initiated in a reasonable time
frame.
Panda Power also argues that because it stopped selling the HID
conversion kits, it should not be required to conduct a recall and
remedy campaign. Among other things, 49 U.S.C. 30112(a) prohibits the
importation and sale of noncompliant equipment and Panda Power is
compelled to discontinue this practice to prevent further violations of
49 U.S.C. 30112(a), and not as a waiver from the recall and remedy
requirements. NHTSA'S Response to Comments: NHTSA received comments
from two parties. Both of these parties recommend denying Panda Power's
petition.
Daniel J. Stern of the Daniel Stern Lighting Consultancy provided a
substantive, practical, and technical argument regarding the effects on
headlamp performance when replacing standardized headlamp replaceable
light sources with HID conversion kits. Mr. Stern stated that
installing HID light sources into headlamps that were designed to
accept tungsten-halogen light sources would create an enormous increase
in glare light directed towards other road users, and reduce the
driver's distance visual acuity due to increased foreground
illumination. Mr. Stern also stated that the noncompliance created by
Panda Power's HID kits appear to be systemic, pervasive, and
substantial, creating a significant safety risk to the motoring public.
Michael F. Turpen, a private citizen, examined archives of Panda
Power's Web site using www.waybackmachine.org (a Web site maintained by
the Internet Archive, a 501(3)(c) non-profit corporation). He
referenced archived pages of Panda Power's Web site that showed its HID
Conversion kits installed on motor vehicles, photos of headlamp output
on streets in residential neighborhoods, and banners that indicate
``offering HID kits for any vehicle.''
NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Panda Power has not met its burden of persuasion that the
FMVSS No. 108 noncompliances identified in Panda Power's Noncompliance
Information Report does not present a significant safety risk resulting
from increases in glare when its HID headlamp conversion kits are used
in headlamps that were not designed for this type of light source.
Therefore, NHTSA does not agree with Panda Power that this specific
noncompliance is inconsequential to motor vehicle safety. Accordingly,
Panda Power's petition is hereby denied, and the Panda Power must
notify owners, purchasers and dealers pursuant to 49 U.S.C. 30118 and
provide a remedy in accordance with 49 U.S.C. 30120.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8)
Issued On: June 19, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2013-15470 Filed 6-26-13; 8:45 am]
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