http://isearch.nhtsa.gov/files/Shih.3.html
Finally, in a subsequent e-mail, you asked whether our regulations require HID lighting systems to include "auto-leveling" and washing systems, similar to those incorporated in vehicles sold in Europe. The answer is no. FMVSS No. 108 does specify aimability performance requirements under paragraph S7.8 of the standard, but that paragraph does not require an "auto-leveling" capability. The standard also does not contain any requirement for a headlamp washing system.

http://isearch.nhtsa.gov/files/deetz.ztv.html
Based on a review of the H1 light source specification filed in the Part 564 docket (#3397), it is apparent that the Thunder Beam HID Conversion kit is a significant redesign of the H1 light source. At the most basic level, an H1 light source incorporates an incandescent filament in which light is produced by a metallic wire coil heated to incandescence by an electrical current, whereas the HID conversion kit’s light source incorporates a discharge arc to produce the light and requires a ballast for operation. Thus, in order to comply with paragraph S7.7 of FMVSS No. 108, the Thunder Beam light source must comply with, inter alia, the dimensional specifications for the metallic wire coil filament size and location, the electrical connector size and location, and the ballast would need to be a design currently on file for use with an H1 light source. Complying with the dimensional aspects of the H1 light source appears to be an impossibility considering that the wire coil filament and the electrical connector are not a part of your design. Furthermore, there are no ballast designs on file for use with an H1 light source. Thus, your company’s HID conversion kit is not a design that conforms to the Standard and could not be certified as complying with FMVSS No. 108, nor imported into or sold in the United States.

http://isearch.nhtsa.gov/files/kim.ztv.html

HID conversion kits are illegal if any item in the kit does not comply with Federal requirements for vehicle lighting equipment. Please read the letter carefully and apply our analysis to the components of the kits you are selling. If one or more of these components does not comply with FMVSS No. 108, then you should cease the sale and distribution of this equipment. Your failure to do so could make your company liable for civil penalties for violations of 49 U.S.C. 30112(a). If your company manufactured or imported noncompliant HID conversion kits for resale, your company is required to notify this agency, dealers, purchasers, and owners of the kits and to remedy the noncompliance in accordance with 49 U.S.C. 30118-30120 and 49 CFR Parts 573 and 577. I should advise you that we know of no HID conversion kit that can be certified by its manufacturer as complying with FMVSS No. 108.

NHTSA 43-04
Contact: Rae Tyson, Telephone: (202) 366-9550
Tuesday, October 19, 2004

NHTSA ILLEGAL LIGHTING CRACKDOWN CONTINUES

Continuing its crackdown against manufacturers and suppliers of illegal lighting equipment, the National Highway Traffic Safety Administration (NHTSA) today announced its decision that high intensity discharge (HID) conversion kits produced by a Texas company do not comply with federal safety standards.

The owner of ASTEX USA, a supplier of aftermarket HID kits, was ordered to conduct a recall campaign and provide a no-cost solution to the customer. The company is based in Dayton, TX. When installed in a motor vehicle, the HID kits “can be expected to produce excessive glare to oncoming motorists and others,” NHTSA said in its decision.

To date, NHTSA has investigated 24 HID conversion kit suppliers; all investigations have resulted in recalls or termination of sales.

“These illegal lights are a potential hazard to those who share the road,” said NHTSA Administrator Jeffrey Runge, MD. “And we will continue to pursue those offering them for sale and violating the law.”

Companies that sell, import or manufacture non-compliant equipment could face substantial civil penalties, NHTSA said.

Update: May 3, 2007:
NHTSA Cracks Down on Aftermarket HID Conversion Kits

The National Highway Traffic Safety Administration (NHTSA) is targeting high-intensity discharge (HID) conversion kits for enforcement actions. NHTSA has concluded that it is impossible to produce HID conversion kits (converting a halogen system to HID) that would be compliant with the federal lighting standard, Federal Motor Vehicle Safety Standard (FMVSS) No. 108. The noncompliant kits frequently include a HID bulb, a ballast, an igniter, a relay and wiring harness adapters. The NHTSA believes this equipment presents a safety risk to the public since the kits can be expected to produce excessive glare to oncoming motorists. In one investigation, the NHTSA found that an HID conversion headlamp exceeded the maximum allowable candlepower by over 800%.

Under FMVSS No. 108 Section S7.7 (replaceable light sources), each replaceable light source for headlamps must be designed to conform to the dimensions and electrical specifications for the headlamp source it is intended to replace. For example, if an HID kit is marketed as replacing an H1 light source, then it must match the H1's wire coil filament size and location, the electrical connector size and location and the ballast design for use with an H1 light source (which is impossible since there is no ballast). Consequently, companies that are manufacturing HID light sources (e.g., D1S, D1R, D2S, D2R, 9500, etc�) with incandescent light source bases (e.g., H1, H3, H7, H8, H9, H11, H13, HB1, HB2, HB3, HB4, HB5, etc�) should be aware that this light source design would not be one that conforms to FMVSS No. 108, and could not be imported and sold in the United States without violating Federal law. (The importer is treated as the manufacturer and subject to the same fines and penalties that apply to a domestic manufacturer.)

NHTSA has also determined that a commonly used disclaimer "for off-road use only" has no legal meaning and is not recognized by the agency as the manufacturer, importer and retailer are not in a position to control use once a product has been sold. Any equipment offered for sale which is covered by FMVSS No. 108 (headlamps, taillamps, side markers, etc.) must comply with the standard.