Interpretation ID: aiam4089
Chief Co-ordinator of Technical Administration Dept.
Daihatsu Motor Co.
Ltd.
1. Daihatsu-Cho
Ikeda City
Osaka Prefecture
Japan;
Dear Mr. Tsujishita: Thank you for your letter of October 25, 1985, concerning th requirements of Standard No. 208 and Part 581. In addition, your letter asked about the status of a response to your July 17, 1985 letter. Unfortunately, my office had not previously received a copy of your letter of July 17, 1985. This letter addresses the Standard No. 208 questions you raised. We will shortly be responding to your other questions as well.; You asked about the automatic restraint phase-in requirements o Standard No. 208. You said that it is not clear how the requirements of S4.1.3 of the standard would apply to a manufacturer that will first start manufacturing cars for the United States during the phase-in period. On April 12, 1985 (50 FR 14589), the agency issued a notice of proposed rulemaking which would affect the way in which a manufacturer calculates the amount of passenger cars that must be produced with automatic restraints during the phase-in period. The notice proposed that instead of using a three year average of its passenger car production for the U.S., a manufacturer could use its actual production during each of the three years of the phase-in to calculate the amount of cars that must have automatic restraints. In the case of a new manufacturer, the manufacturer would not have three prior years of U.S. production and thus would have to use its actual production during each of the affected years. We have just issued a final rule adopting that proposal. I have enclosed a copy of that final rule.; For illustrative purposes, the proposal, if adopted, would have th following effect on the examples you used. In your first example, you assumed a new manufacturer starts manufacturing passenger cars for the U.S. on August 1, 1987, and produces 3,000 cars a month. For the first phase-in period (September 1, 1986 - August 31, 1987), the manufacturer would have produced 3,000 cars and would have to equip 10% of them (300 cars) with automatic restraints. For the second phase-in period (September 1, 1987 - August 31, 1988), the manufacturer would produce 36,000 passenger cars (12 x 3,000/vehicles per month) and would have to equip 25% of them (9,000 cars) with automatic restraints. For the final phase-in period (September 1, 1988 - August 31, 1989), the manufacturer would also produce 36,000 passenger cars and would have to equip 40% of them (14,400 cars) with automatic restraints.; In your second example, a new manufacturer begins production o passenger cars for the U.S. on September 1, 1987, and produces 3,000 cars a month. During the second phase-in period, the manufacturer would have to equip 9,000 of its passenger cars with automatic restraints. During the final phase-in period, the manufacturer would have to equip 14,400 of its passenger cars with automatic restraints.; You also asked about the requirement of S4.5.1 that a vehicle must hav a maintenance label for any crash-deployed occupant protection system. You asked if the requirement only applies to air bags and does not apply to seat belt systems. The requirement applies to any crash deployed system. Thus, it applies to air bags and would also apply to an automatic safety belt that does not move into position until a crash occurs.; Finally, you asked about the warning system requirements of Standar No. 208 that would apply to a passenger car that has an automatic safety belt that meets the frontal crash protection requirement and also has a manual lap belt, provided in accordance with 4.1.2.1(c) to meet the side impact and rollover requirements of the standard. You noted that the manual belt would be required to meet the warning system requirements of S7.3, while the automatic belt would have to meet the warning system requirements of S4.5.3.3. You asked if the passenger cars must have two different safety belt warning systems with two warning lights and two audible signals.; The purpose of both warning system requirements is similar. Th requirements of S7.3 are meant to remind the driver to reengage a safety belt, in one case a manual belt and in the other a detached or released automatic belt. In addition, S4.5.3.3 is meant to warn a driver that a motorized belt is not in its locked position. Both warning system requirements specify the use of the same types of equipment, a 4 to 8 second audible warning and a continuous or flashing light. Since the purpose of the two warning system requirements is similar and they use the same equipment, the agency believes it is reasonable for a vehicle only to have one warning system, as long as it met the requirements of S5.4.3.3 and S7.3.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel