OSRAM SYLVANIA Products, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Claude H. Harris
National Highway Traffic Safety Administration
January 25, 2011

[Federal Register: January 25, 2011 (Volume 76, Number 16)]
[Notices]               
[Page 4420-4421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja11-135]                         

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ OSRAM SYLVANIA Products, Inc., is organized under the laws 
of the State of Delaware and is a manufacturer and importer of 
replacement equipment.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ Petition for ``H11 C'' Replaceable Light Sources Listing, 
Docket NHTSA 98-3397-81, November 1, 2007.
---------------------------------------------------------------------------

    (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