Interpretation ID: 3082o
Senior Engineer
Homologation and Legislation
Land Rover UK Limited
Lode Lane, Solihull
West Midlands B92 8NW
England
UNITED KINGDOM
Dear Mr. Bowyer:
This responds to your request for an interpretation of Standard Nos. 208, Occupant Crash Protection (49 CFR /571.208) and 209, Seat Belt Assemblies (49 CFR /571.209). I regret the delay in this response.
More specifically, you noted that S4.6.2 of Standard No. 208 requires dynamic testing of manual lap/shoulder belts installed at front outboard seating positions of light trucks and multipurpose passenger vehicles manufactured on or after September 1, 1991. Section S4.6.3 of Standard No. 208 provides: "A Type 2 seat belt assembly subject to the requirements of S4.6.1 or S4.6.2 of this standard does not have to meet the requirements of S4.2(a)-(c) and S4.4 of Standard No. 209."
Section S4.6(b) of Standard No. 209 provides that: "A seat belt assembly that meets [the dynamic testing requirements] of Standard No. 208 shall be permanently and legibly marked or labeled with the following statement: This dynamically-tested seat belt assembly is for use only in [insert specific seating position(s), e.g., "front right'] in [insert specific vehicle make(s) and model(s)]."
You expressed your opinion that dynamically tested belts must be labeled with the information specified in S4.6(b) of Standard No. 209 if the belts do not comply with all of the requirements of Standard No. 209. In these situations, you suggested that the labeling requirements help ensure that the belts will not be installed "into inappropriate vehicles." However, you stated your belief that the labeling requirements in S4.6(b) of Standard No. 209 do not apply to dynamically-tested manual belts that also comply with all of the requirements of Standard No. 209.
Your understanding of these requirements is incorrect. Section S4.6(b)of Standard No. 209 provides that seat belt assemblies that meet the dynamic testing requirements in Standard No. 208 shall be marked or labeled with certain information. This section contains no exception for seat belt assemblies that meet the dynamic testing requirements and satisfy the performance requirements of Standard No. 209. The reason for not including any such exception was that the agency intended that all dynamically tested manual belts be marked or labeled with the information specified in S4.6(b).
You suggested that there is no reason to require labeling of belt assemblies that comply with all requirements of Standard No. 209, just because those belt assemblies also comply with the dynamic testing requirements when installed in a particular vehicle. This assertion would be correct if the protection provided by safety belts depended only on the performance of the safety belts themselves. However, such is not necessarily the case.
We emphatically agree with you that a belt assembly that complies with all requirements of Standard No. 209 will provide very substantial protection to an occupant of any vehicle in a crash. However, the protection provided by safety belts to occupants of a particular vehicle depends on more than the performance of the belts themselves; it also depends on the structural characteristics and interior design of the vehicle. The dynamic testing requirements measure the performance of the safety belt/vehicle combination, while Standard No. 209 focuses on measuring the performance of the safety belts alone. See 52 FR 44899-44900; November 23, 1987.
With the advent of dynamic testing for light trucks and multipurpose passenger vehicles, NHTSA explained why Standard No. 209 was amended to require labeling of dynamically tested belts, regardless of whether those belts comply with all requirements of Standard No. 209. The final rule establishing dynamic testing requirements for light trucks and multipurpose passenger vehicles explained that NHTSA was adopting the same belt labeling requirements previously adopted for passenger car belts. 52 FR 44898, at 44907; November 23, 1987. In the preamble to the final rule establishing dynamic testing requirements for passenger cars with manual belts at front outboard seating positions, NHTSA explained why it was establishing belt labeling requirements for these dynamically tested safety belts. The agency said:
NHTSA believes that care must be taken to distinguish dynamically tested belt systems from other systems, since misapplication of a belt in a vehicle designed for use with a specific dynamically tested belt could pose a risk of injury. If there is a label on the belt itself, a person making the installation will be aware that the belt should be installed only in certain vehicles. 51 FR 9800, at 9804; March 21, 1986.
The same concerns apply to dynamically tested belts for light trucks and multipurpose passenger vehicles. Even if Land Rover installs dynamically tested belt systems that comply with all requirements of Standard No. 209 in all of its vehicles, those belt systems might not be appropriate for use in other light multipurpose passenger vehicles. This is particularly true if other light multipurpose passenger vehicles are designed for use only with specific dynamically tested belt systems different from the Land Rover belt system. The chances of the Land Rover belt system being installed in a vehicle for which it would not be appropriate are minimized if there is a label on the belt system indicating that it should be installed only in specific seating positions in Land Rover models and any other vehicles for which the belt system is appropriate. Accordingly, the belt labeling requirements in S4.6(b) of Standard No. 209 apply to all dynamically tested belts for use in light trucks and multipurpose passenger vehicles, regardless of whether those dynamically tested belts comply with all other requirements of Standard No. 209.
You asked that we treat your request for an interpretation as a petition for rulemaking if, as we have done, we concluded that your suggested interpretation was incorrect. We will notify you of our response to this petition as soon as we complete our review of it.
Sincerely,
Erika Z. Jones Chief Counsel
cc: Mr. D. Bruce Henderson Legislative Programs Manager Range Rover of North America 4390 Parliament Place P.O. Box 1503 Lanham, MD 20706
/ref:208#209 d:l0/l4/88