SEMA, the Specialty Equipment Market Association, urged the National
Highway Traffic Safety Administration (NHTSA) to withdraw its final
interpretation of the federal lighting rule that effectively bans
previously legal headlamp replacement systems.

NHTSA proposed the controversial interpretation last year and
completed action this past October. Under NHTSA's new policy,
replacement headlamps must comply with all applicable photometry
requirements using the same light source as the OEM equipment. For
example, the rule would now prohibit replacing a halogen-based
system with high intensity discharge (HID) headlamps that otherwise
meet all requirements of Federal Motor Vehicle Safety Standard
(FMVSS) No. 108.

SEMA filed a Petition for Reconsideration challenging NHTSA's
authority to issue a rule that failed to comply with long-standing
policy of basing federal safety standards on performance rather than
design criteria.
NHTSA did not supply any objective facts demonstrating a need for a
design-based application of FMVSS No. 108, a prerequisite for
issuance of a safety standard. For example, NHTSA did not produce
any evidence that a restrictive rule would reduce traffic accidents,
deaths or injuries.
The action even contradicts NHTSA's previous decision to withdraw
its rulemakings on issues concerning glare since the agency admits
there is not currently enough information on which to make any
lighting rule changes. SEMA also contends that NHTSA engaged in an
illegal rulemaking procedure that will nevertheless be subject to
court review.

"The agency's interpretation effectively establishes an original
equipment standard for headlamp light sources and holds that the
original equipment light source type cannot be modified or otherwise
altered by aftermarket manufacturers seeking to improve the lighting
of a given vehicle," said SEMA President and CEO Chris
Kersting. "There is absolutely no industry support for a design-
restrictive application of FMVSS No. 108." Public comments against
the new interpretation represented all aspects of the industry
including automobile manufacturers, trailer manufacturers,
motorcycle manufacturers, lighting manufacturers (both original
equipment, replacement and specialty equipment), manufacturers of
other motor vehicle equipment, the trucking industry, and an
association of vehicle owners.

"Through this Petition, SEMA stands prepared to fight for a
consumer's right to responsibly accessorize, modify, and improve the
safety of their vehicle with enhanced aftermarket lighting that
meets federal standards,"
added Kersting. "There is no legitimate justification for
preventing vehicle lighting manufacturers from offering this
federally-compliant and improved lighting equipment to the benefit
of the motoring public."

SEMA requested that NHTSA suspend enforcement of the amended rule
pending final consideration of the Petition.