Interpretation ID: 86-1.24

TYPE: INTERPRETATION-NHTSA

DATE: 02/06/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Hans W. Metzger

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Hans W. Metzger Scottsdale, AZ 85253

Thank you for your letter of October 14, 1985, asking several questions about Standard No. 208, Occupant Crash Protection. I hope that the following discussion answers your questions. You first asked for a clarification of S4.1.3.1.2. That section provides that a manufacturer must equip a specific amount of its vehicles manufactured on or after September 1, 1986, and before September 1, 1987, with automatic restraints. The amount must not be less than 10 percent of the average annual production of passenger cars manufactured for sale in the United States during the period September 1, 1983, to August 31, 1986 (the base period). You explained that your client did not produce any vehicles for the U.S. during one year of the base period (September 1, 1983 -September 1, 1984). For the other two years of the base period, your client produced a limited number of vehicles for sale in the U.S. You asked whether in calculating the average yearly production for the base period, it is correct for your client to use zero for the production for the production between September 1, 1983 and August 31, 1984, and the actual production figures for two subsequent years. The three year base period addresses a situation where a manufacturer has produced vehicles for sale in the U.S. in each of those years. The purpose of averaging the production is to ensure that the calculation of the percentage of a manufacturer's passenger cars that must comply with the automatic restraint requirements is based on a production figure which is representative of the manufacturer's typical production. In the case of a manufacturer who has produced vehicles for two of those years, it would defeat the purpose of the rule to allow the manufacturer to lower artificially the number of vehicles which must comply with the automatic restraint requirement by counting its production as zero for one of the base years. Thus, in a situation where a manufacturer has only two years of production, the manufacturer should calculate its base period average based on the number of vehicles produced during those two years. To provide manufacturer's with additional flexibility is calculating the number of passenger cars which must be equipped with automatic restraints, NHTSA proposed, on April 12, 1985 (50 FR 14509), an amendment to Standard No. 208 which would give manufacturers the option of using either a three year average or the actual production for the model year in question. We expect to issue shortly a final rule on this subject. You also asked for another clarification of S4.1.3.1.2. You asked if the required number of vehicles can be produced anytime between september 1, 1986 and August 31, 1987. S4.1.3.1.2 does not require that the automatic restraints be installed at any specific time during that period. Thus, you are correct that the installation of automatic restraints does not have to be evenly distributed throughout that 12 month interval. I hope this information is of assistance to you. If your have any further questions, please let me know. Sincerely, Original Signed By Erika Z. Jones Chief Counsel