Interpretation ID: 22492

Mr. David Dobradenka
Quality Manager
IEE Automotive
Zone Industrielle Findel
2b, Route de Treves
L-2632 Luxembourg

Dear Mr. Dobradenka:

This responds to your request that the National Highway Traffic Safety Administration (NHTSA) provide you with specific information regarding the possibility of certifying your company's sensor mat to the requirements of Federal Motor Vehicle Safety Standard No. 208, Occupant Protection Systems (FMVSS No. 208), as it was amended last year. Automatic suppression is one means of complying with one aspect of the new advanced air bag requirements that were published on May 12, 2000 (65 FR 30680). You specifically request what the procedure is for certification, whether it can be done on a test buck, the "timing" involved, and whether you must pay for the certification.

By way of background information, NHTSA is authorized under Title 49, Chapter 301 of the U.S. Code (Motor Vehicle Safety) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Chapter 301 prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Chapter 301 establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

With one exception that is not relevant to your product, FMVSS No. 208 applies only to new vehicles, not to items of individual equipment. Thus, it is the vehicle manufacturer's responsibility to certify compliance with all applicable requirements of FMVSS No. 208. We note that many vehicle manufacturers require their equipment vendors to provide them with data that they can use in certifying their vehicles. This is a contractual obligation between two private parties, and NHTSA does not involve itself in these business arrangements.

Because manufacturers are responsible for self-certification, we do not require any payment to the Federal government. Likewise, NHTSA does not require that any particular procedure be followed. However, we purchase vehicles and test whether a certified vehicle complies with the requirements of FMVSS No. 208 by following the test procedure detailed in that regulation. While a manufacturer may certify based on another test procedure, using NHTSA's test procedure is the best way for a manufacturer to ensure that its vehicles comply with all applicable requirements.

I hope this addresses all your concerns. For your general information, I am enclosing a copy of NHTSA's white paper on information for new manufacturers of motor vehicles and motor vehicle equipment. Should you have additional questions, please contact Rebecca MacPherson, of my staff, at the above address or at (202)366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:208
d.5/16/01