Interpretation ID: nht92-3.4

DATE: 10/28/92

FROM: MARK V. SCHWARTZ -- ACCOUNT EXECUTIVE, ENTRAN DEVICES, INC.

TO: PAUL JACKSON RICE -- U.S. DOT, NHTSA

TITLE: 49CFR PART 572, ANTHROPOMORPHIC TEST DUMMIES, YOUR LETTER OF 9/29/92

ATTACHMT: ATTACHED TO LETTER DATED 12-7-92 FROM PAUL J. RICE TO MARK V. SCHWARTZ (A40; PART 572)

TEXT: We have received subject letter and read it with great interest. We are extremely disappointed with the contents of this letter. By taking no position on the equivalency issue, you are dictating that the market be sole sourced with the 7231C from Endevco.

Though your letter states that the users of the accelerometers are free to define equivalence, the reality is that they will take no unnecessary course of action that varies from your compliance testing. I have talked with technical decision makers from GM, Ford, and Chrysler and have received the same feedback from all three. They will not use an accelerometer to do development and certification work, when they know that you have legislated that a different accelerometer be used for compliance testing.

I am no lawyer, but it is my understanding that the U.S. Government is not allowed to legislate that a specific supplier be used. By refusing to address the definition of equivalency in paragraph 572.36 (g), that is exactly what you are doing.

This action is not only unfair to Entran Devices and other accelerometer manufacturers, but it adds to the cost of the test. The published one piece price for the 7231C is $ 750, while the published one piece price for Entran's EGE-72C-750 is $ 545. How is a 27% price premium justified?

Entran's position is unchanged from my original letter of July 9, 1992. We feel that Entran's EGE-72C-750 is "equivalent" to Endevco's 7231C. I am again requesting a clarification of the regulation that will either confirm that we are equivalent or define specific reasons why we are not.

Thank you in advance for your cooperation on this matter. If there should be any questions or requirements for additional information, please do not hesitate to call me at 800-635-0650.

Very truly yours

ENTRAN DEVICES, INC.