Interpretation ID: nht73-3.47

DATE: 03/30/73

FROM: AUTHOR UNAVAILABLE; Mike Pescoe, Attorney; NHTSA

TO: Mr. William Goldberg

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 14, 1973, forwarding to me a copy of the preface to your forthcoming paper on the development of Standard No. 213, and asking a few questions which we have already discussed over the phone.

With respect to the preface, it is essentially accurate, at least sufficiently so for the purpose for which it is intended.

The questions you've asked are repeated below, followed by our answers.

1. What gives credibility to and what reduces credibility of comments filed with Docket 2-15? Are the comments of some organizations given more credence than others?

Each comment to the docket is assumed to be of equal credibility, that is, we assume each is offered in good faith, and based upon the writer's legitimate beliefs and interests. The agency evaluates each submission on its own merits.

2. Do non-separating 3-point belts present a problem for usage of current child restraint systems?

Our understanding is that child seats can be used with 3-point belts. These belt systems do utilize one member that is essentially similar to the traditional lap belt. We understand the shoulder portions of these belts can be adjusted so as not to prevent installation of the child seat, by either placing that belt section in front of or behind the child seat. We have not received any information from the public that these belts are in fact difficult to use with child seats. If we do we will certainly look into the matter thoroughly.

3. Has NHTSA or will NHTSA be cooperating with JPMA on some kind of market survey?

The NHTSA has forwarded a list of suggested questions, which are also in the docket. We do not expect our contribution to include more than recommending that these questions be asked.

4. To what extent is rulemaking determined by comments and by internal direction?

This certainly depends on the issues involved. For the most part, initial decisions are made by the agency, with modifications resulting from comments received. However, comments may affect some issues more than others. In Standard No. 213, for example, much impetus for a dynamic test has been created by comments.

We've recently amended the standard, based on two outstanding notices (September 30, 1970; April 10, 1971). In case you haven't seen the amendments, I have enclosed a copy.

ENCLS.