§564.5. Information filing; agency processing of filings. — Inbound Citations

(d) A manufacturer may request modification of a light source for which information has previously been filed in Docket No. NHTSA 98-3397, and the submission shall be processed in the manner provided by § 564.5(c). A request for modification shall contain the following:

(1) All the information specified in appendix A or appendix B of this part that is relevant to the modification requested,

(2) The reason for the requested modification,

(3) A statement that the use of the light source as modified will not create a noncompliance with any requirement of Federal Motor Vehicle Safety Standard No. 108 (49 CFR 571.108) when used to replace an unmodified light source in a headlamp certified by its manufacturer as conforming to all applicable Federal motor vehicle safety standards, together with reasons in support of the statement; and

(4) Information demonstrating that the modification would not adversely affect interchangeability with the original light source.

After review of the request for modification, the Associate Administrator may seek further information either from the manufacturer or through a notice published in the Federal Register requesting comment on whether a modified light source incorporating the changes requested will create a noncompliance with Federal Motor Vehicle Safety Standard No. 108 when substituted for an unmodified light source. If the Associate Administrator seeks public comment on a submission (s)he shall publish a notice stating whether (s)he has accepted or rejected the submission. If a submission is accepted, the Associate Administrator files the information in Docket No. NHTSA 98-3397. If a submission is rejected, a manufacturer may submit information with respect to it, as provides in paragraph 564.5(a), for consideration as a new light source after such changes as will insure that it is not interchangeable with the light source for which modification was originally requested.