Interpretation ID: 1984-3.37

TYPE: INTERPRETATION-NHTSA

DATE: 11/08/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Lawrence F. Henneberger -- Arent, Fox, Kintner,Plotkin and Kahn

TEXT:

Mr. Lawrence F. Henneberger Arent, Fox, Kintner, Plotkin & Kahn Washigton Square 1050 Connecticut Avenue, N.W. Washington, D.C. 20036-5339

This responds to your letter of August 27, 1984, on behalf of your client, the Breed Corporation. You asked whether section S4.5.2 of Standard No . 208, Occupant Crash Protection, would apply to totally mechanical air bag restraint systems such as those to be produced by Breed. As explained below, the readiness indicator requirements do not apply to a totally mechanical system.

The readiness indicator requirement was first adopted by the agency in November 1970. The text of the rule provided, in applicable part, that "an occupant protection system that deploys in the event of a crash should have a monitoring system with a readiness indicator. The system components monitored shall include all electrical and compressed gases, if present." As you correctly pointed out, the agency explained in the problem to the November 1970 rule that it was particularly concerned about monitoring electrical circuitry and pressure vessels, two critical elements of then available crash-deployed system. The agency said that "although manufacturers are urged to provide monitoring for all system elements for which it is feasible, the specific requirements of the standard in this regard are that electrical circuitry and pressurized gases, if present, be monitored,...."

In response to petitions for reconsideration, the agency modified the readiness indicator requirement on October 1, 1971. Several petitioners argued that monitoring of pressure vessels and electrically actuated explosive release devices could impair the integrity or reliability of those devices. The agency deleted the specific reference to an electrical and compressed gas monitoring system so that manufacturers could "avoid designs that are prone to deterioration. . . ." The amendment did not, however, otherwise affect the coverage of the requirement and therefore a totally mechanical system does not have to have a monitoring system with a readiness indicator.

Sincerely,

Original Signed By

Frank Berndt Chief Counsel

August 27, 1984

Frank A. Berndt, Esquire Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W., Room 5219 Washington, D.C. 20590

Re: Request for Interpretation; Inapplicability of Readiness Indicator Provision of FMVSS 208 to Non-Electric Crash Protection System

Dear Mr. Berndt:

Our firm represents Breed Corporation, located in Lincoln Park, New Jersey, which anticipates the production and marketing of a mechanical, self-contained air bag module. Breed seeks a letter of interpretation from the National Highway Traffic Safety Administration confirming that sub-section 54. 5.2 of Federal Motor Vehicle Safety Standard 208, the "readiness indicator" provision, does not apply to totally mechanical airbag restraint systems such as those to be produced by Breed.

Regulatory Background

A readiness indicator requirement, as proposed by NHTSA, first appeared in an advance notice of proposed rule making for passive occupant restraint systems such as the air bag in July of 1969. Passive crash protection technology then and for a number of years thereafter suggested electrical, rather than mechanical, systems for this purpose.

Indeed, in a final rule notice issued on November 3, 1970, Douglas Toms, the then Director of NHTSA' s predecessor agency, the National Highway Safety Bureau, observed:

"The proposed requirement for a readiness indicator for crash-deployed systems brought forth several questions as to which system elements were required to be monitored. Obviously any deployable system will have some qualities . . . that are not suitable for monitoring, and other aspects whose monitoring would be very difficult and costly. System monitoring of electrical circuitry and pressure vessels, two of the most critical elements where they exist, is, however, feasible with present technology. Therefore..., the specific requirements of the standard in this regard are that electrical circuitry and pressurized gases, if present, be monitored...." (35 Fed. Reg. 16928 (1970).)

The narrow application of subsection S4.5.2 was reconfirmed in an October 1971 rule making notice, in which the Safety Administration observed:

"To permit manufacturers to avoid designs that are prone to deterioration, the readiness indicator requirement has been amended by omitting specific reference to compressed gases and electrical circuits. " (36 Fed. Reg. 19254 (1971).)

Request for Interpretation

Breed Corporation respectfully submits that its completely mechanical air bag system, which consists of five basic components (knee bolster, steering column, nonpressurized, solid state gas generator, air bag and crash sensor), is not subject to the readiness indicator requirement of subsection S4. 5.2 of Federal Motor Vehicle Safety Standard 208, 49 C.F.R. 571.208, which is intended to cover occupant protection systems with electrical circuitry and/or pressurized gases.

We request that the agency confirm, by letter of interpretation, our understanding of the city provision.

Sincerely,

Lawrence F. Henneberger cc: Thomas C. McGrath, Jr., Esquire John C. Culver, Esquire