[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21152-21153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8460]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0008; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: OSRAM SYLVANIA Products, Inc.\1\ (OSRAM) has determined that 
certain Type HB2 replaceable light sources, manufactured between 
September 25, 2011, and October 8, 2011, do not fully comply with 
paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 
108, Lamp, Reflective Devices, and Associated Equipment. OSRAM has 
filed an appropriate report dated November 23, 2011 \2\, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports.
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    \1\ OSRAM SYLVANIA Products Inc., is a manufacturer of motor 
vehicle replacement equipment and is registered under the laws of 
the state of Delaware.
    \2\ OSRAM submitted an amended version of the report on January 
6, 2012.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), OSRAM submitted a petition 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'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.
    Equipment involved: Affected are approximately 40,544 Type HB2 
replaceable light sources that were manufactured by OSRAM Sylvania 
Products, Inc., between September 25, 2011, and October 8, 2011.
    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 allow 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. Therefore, these provisions 
only apply to the subject Type HB2 replaceable light sources that OSRAM 
no longer controlled at the time it determined that the noncompliance 
existed.
    Noncompliance: OSRAM explains that the noncompliance is due to an 
error in the production facility. Certain Type HB2 replaceable light 
sources were produced with an incorrect upper beam filament wire which 
results in an upper beam luminous flux outside (below) the 
specifications as required in paragraph S7.7 of FMVSS No. 108.
    Rule text: Paragraph S7.7 of FMVSS No. 108 requires in pertinent 
part:

    S7.7 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:* * *

    Summary of OSRAM's Analysis and Arguments:
    OSRAM stated its belief that although the subject Type HB2 
replaceable light source may not meet the required luminous flux 
specifications the noncompliance is inconsequential to motor vehicle 
safety. OSRAM came to this conclusion based on the following results of 
testing that it conducted on a large sample of lamps using the subject 
noncompliant Type HB2 replaceable light sources:

[[Page 21153]]

    (1) In half of the vehicle/lamp applications, the upper beam 
photometry specified for HB2 lamps will continue to be met,
    (2) in the remaining applications, the photometry performance falls 
just below the specified minimums for HB2 lamps (and in no more than 
three, but typically just one or two, test points on a per-measured 
headlamp basis), and
    (3) all lamps using the noncompliant bulbs perform at or above the 
upper beam photometry requirements of other lamp types, such as HB1 and 
HB5, that are currently permitted by FMVSS 108 and in prevalent use on 
U.S. roads.
    OSRAM also stated that the issue that caused the subject 
noncompliance has been corrected at the production facility and all 
products currently being shipped meet the applicable requirements.
    In summation, OSRAM believes that the described noncompliance of 
its Type HB2 replaceable light sources to meet the requirements of 
FMVSS No. 108 is inconsequential to motor vehicle safety, and that its 
petition, to exempt 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.
    Comments: 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.

DATES: Comment closing date: May 9, 2012.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8)

    Issued on: April 2, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-8460 Filed 4-6-12; 8:45 am]
BILLING CODE 4910-59-P