Interpretation ID: nht76-4.50

DATE: 12/09/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: BMW of North America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your October 29, 1976, request for confirmation that a recent NHTSA interpretation regarding the buckle crush requirements of Standard No. 209 (as stated in a letter to Volvo dated August 31, 1976) is applicable to BMW seat belt buckles.

Our letter to Volvo stated that "the existing S4.3(d)(3) buckle requirements are not applicable to buckles that are located between bucket seats and attached to the console or to the end of a rigid cable or bar." This interpretation constitutes an explanation of S4.3(d)(3) as its provisions apply to all seat belt buckles regulated by the standard. The interpretation is not applicable only to Volvo belt buckles or to buckles produced by any other individual manufacturer. It is the responsibility of each manufacturer to determine, in the first instance, whether or not his products fall within any standard's provisions, including provisions that are explained by means of an interpretation.

I am enclosing a copy of our August 31, 1976, letter to Volvo for your information. As requested, we have withdrawn your petition for rulemaking.

Sincerely,

Enclosure

ATTACH.

November 16, 1976

Frank A. Berndt, Esquire -- Acting Chief Counsel, U. S. Department of Transportation NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Dear Mr. Berndt:

Thank you for your letter N40-30 of October 29, 1976, informing us that our submission of September 28, 1976, concerning the Buckle Crush Requirements of S4.3(d)(3) is currently being reviewed by your Program Division.

Meanwhile, we have searched the docket and found that an interpretation in respect to the application of the buckle crush requirements has already been given by your office to Volvo of America Corporation with letter of August 30, 1976, according to which you conclude "that the existing S4.3(d)(3) buckle requirements are not applicable to buckles that are located between bucket seats and attached to the console or to the end of a rigid cable or bar".

As we have indicated in our submission, BMW's seat belt buckle assembly is also of rigid design and is located between the front bucket seats. We, therefore, assume that our buckle, as described in our letter of September 8, 1976, would be exempted from the requirements of S4.3(d)(3). Inasmuch as you have provided a favorable interpretation on the question of buckle crush requirements to Volvo, we assume that this interpretation is also applicable to BMW's seat belt buckle. We would appreciate receiving confirmation from you that the interpretation given to Volvo is also applicable to BMW's seat belt and buckle configuration. If you agree, you may consider our September 28, 1976 submission withdrawn.

Very truly yours, Karl-Heinz Ziwica -- Manager - Safety Engineering, BMW OF NORTH AMERICA, INC.

cc: BMW-AG