Interpretation ID: aiam4399
Office Manager
Callaway Engineering
3 High Street
Old Lyme
CT 06371;
Dear Ms. Brown: This responds to your letter seeking confirmation of your understandin of Standard No. 208, *Occupant Crash Protection*, as it relates to convertibles. You asked that we verify your understanding in two specific areas. These were:; 1. NHTSA has decided to exempt convertibles from the automati restraint requirements set forth in Standard No. 208 for passenger cars during the phase-in period (September 1, 1986 to August 31, 1989).; This statement is correct. In a final rule published October 17, 198 (51 FR 37028, copy enclosed), the agency announced its decision to exempt convertibles from the automatic restraint requirements for passenger cars during the phase-in period. In a subsequent notice terminating further rulemaking on this subject, the agency announced its decision to retain the automatic restraint requirements for convertibles manufactured on or after the first day after the end of the phase-in period, i.e., September 1, 1989 (52 FR 10122, March 30, 1987, copy enclosed). Thus, convertibles manufactured on or after that date will be subject to the same requirements as all other passenger cars.; You also asked about the exact requirements for restraints i convertibles. Prior to September 1, 1989, convertibles must comply with the requirements of section S4.1.2.3.2 of Standard No. 208. However, convertible manufacturers may, at their option, choose to certify that convertibles manufactured before September 1, 1989, comply with the automatic restraint requirements set forth in section S4.1.2.1 of Standard No. 208. After September 1, 1989, Standard No. 208 draws no distinction between convertibles and other passenger cars. Section S4.1.4 of Standard No. 208 provides that all passenger cars, including convertibles, manufactured on or after September 1, 1989, shall comply with the automatic restraint requirements of S4.1.2.1, unless section S4.1.4 is rescinded pursuant to S4.1.5.; 2. A manufacturer does not have to count convertibles as part of it passenger car production volume when determining its annual production during the phase-in period.; This statement is also correct. The October 17, 1986 amended Standar No. 280 and 49 CFR Part 585, *Automatic Restraint Phase-In Reporting*, to explicitly provide that manufacturers may exclude their production of convertibles that do not comply with the automatic restraint requirements of S4.1.2.1 of Standard No. 208 from the calculation and reporting of annual production during the phase-in period.; If you have any further questions on this subject, please feel free t contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992 (sic).; Sincerely, Erika Z. Jones, Chief Counsel