Interpretation ID: 21771.rbm

Stephen E. Van Gaasbeck, Esq.
1227 S.W. Military Drive
San Antonio, TX 78221

Dear Mr. Van Gaasbeck:

This responds to your letter asking whether you may replace the air bag in your 1997 vehicle with a depowered 1998 air bag. You specifically wanted to know whether replacing the air bag would violate any standards or regulations issued by the National Highway Traffic Safety Administration (NHTSA).

As discussed below, there is no legal impediment to modifying older vehicles so that they have the same kinds of redesigned air bags being offered on most new vehicles. However, depending on the vehicle, such modifications may be very complicated and potentially expensive. Additionally, since the replacement air bag is different from the one for the original occupant protection system was designed, such a modification may have a negative effect on the integrity of the entire occupant protection system. You may wish to ask your vehicle manufacturer whether it your vehicle can be modified in this manner without a degradation in overall safety and at what cost.

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new motor vehicle equipment. One of the standards we have issued is Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Manufacturers install air bags in passenger cars as part of complying with the occupant protection requirements of Standard No. 208.

While the Federal motor vehicle safety standards apply only to new motor vehicles and new motor vehicle equipment, Federal law limits the modifications that can be made by certain businesses to used vehicles. Manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard (49 U.S.C. 30122).

A manufacturer, dealer or other business which modified the air bags on your 1997 Ford F150 would not violate the "make inoperative" provision if, after the modification, the vehicle continued to meet the relevant requirements in effect either on the date of manufacture or as later amended. In 1997, NHTSA amended Standard No. 208 to make it easier for manufacturers to quickly redesign their air bags, e.g., by reducing the power as compared to previous years. Modifications that assured that the vehicle complied with the amended requirements would thus not violate the "make inoperative" provision, even if the vehicle might no longer comply with the requirements in effect at the time it was built. As noted earlier, however, the modifications that would need to be made to an existing vehicle so that it would have redesigned air bags could be very complicated and potentially expensive.

I have enclosed a copy of the NHTSA publication "Air Bags and On-Off Switches, Information for an Informed Decision." While this publication does not address your concerns directly, it does provide useful information on how one can reduce the risk of air bag injury.

I hope you find this information helpful. If you have any other questions, please contact Rebecca MacPherson of my staff at this address or by phone at (202)366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:208
d.4/19/01