Interpretation ID: aiam2258
Masaoka-Ishikawa and Associates
Inc.
Suite 520
The Farragut Building
900 Seventeenth Street
N.W.
Washington
DC 20006;
Dear Mr. Yamada: This responds to your February 24, 1976, request for affirmation that particular Takata Kojyo test procedure for applying force to a continuous loop Type 2 belt system meet[s] the requirements set forth in Standard 209, Seat Belt Assemblies.'; Section S4.4 of Standard No. 209 sets forth the requirements of th standard for assembly performance. Section S5.3(b) sets forth test methods that would be used in a determination of whether a Type 2 seat belt assembly conforms to the requirements of S4.4. Takata Kojyo's obligation as a manufacturer is to ensure that its certification of compliance is not false or misleading in a material respect, and that it has exercised due care in manufacturing to conform to Standard No. 209 (15 U.S.C. S 1397 (b) (2)). A manufacturer is not required to follow specifically the test procedures of the standards, but to ascertain, in the exercise of due care, that its product will conform to the standard's requirements when it is tested by the stated methods.; From your description, you have modified the existing procedures by us of a clamp to ensure that all force is applied to the lower torso webbing and hardware or, alternatively, to the upper torso webbing and hardware. While it appears that the contemplated test procedure may evidence the exercise of due care to certify compliance with S4.4, the NHTSA cannot approve a manufacturer's test procedure as the basis of due care in advance of the actual events that underlie certification. It is the manufacturer's responsibility to utilize sound engineering judgment in the exercise of due care.; Sincerely, Frank Berndt, Acting Chief Counsel