Interpretation ID: nht79-3.33

DATE: 08/07/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: The Institute For Safety Analysis

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of July 9, 1979, concerning Federal Motor Vehicle Safety Standard No. 201, Occupant Protection in Interior Impacts.

Your research concerning the history of the standard is correct. The first notice of proposed rulemaking on Standard No. 201 (31 F.R. 15212, December 3, 1966) proposed a definition and requirements for the "unrestrained child impact area." When the standard was originally issued in final form (32 FR 2408, February 3, 1967), the unrestrained child impact area definition and requirements were deleted. In the same issue of the Federal Register, the agency issued an advance notice of proposed rulemaking stating that it intended to develop requirements to reduce impact hazards for unrestrained children (32 FR 2417). Although the agency did not subsequently publish any additional notices on Standard No. 201 specifically developed for the unrestrained child, the agency continued work on Standard No. 208, Occupant Crash Protection, and developed Standard No. 213, Child Seating Systems, both of which provide improved protection for children riding in motor vehicles.

The agency is currently studying the potential benefits of built-in interior padding, child restraint devices and other means of making the vehicle rear seat a safe environment for child transportation. This work may provide the basis for future rulemaking.

You are also correct that there were administrative law hearings held on Standard No. 201. The record of those hearings, which were held May 22 and 23, 1967, in Detroit, Michigan, and May 24 and 25, 1967, in Washington, D.C., can be found in Docket 1, microfilm roll number 2. Please contact Ms. Hardee (426-2768) of the agency's docket section to make arrangements to view this material.

I hope this information will be of assistance. If you have any additional questions, please let me know.

SINCERLY,

July 9, 1979

Frank Berndt Deputy Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Berndt:

The Institute for Safety Analysis (TISA) is a private organization providing assistance in auto safety matters to clients across the country. Our president, Dr. Robert Brenner, was the first Chief Scientist of NHTSA. We are currently working with a Florida law firm which has a case involving General Motors. In that connection, our staff has been reviewing some of the regulatory dockets at the Technical Reference Branch. We have encountered what appear to be some gaps, and we are writing to you for guidance.

During the course of our research of dockets concerning FMVSS 201, "Occupant Protection in Interior Impact -- Passenger Cars," questions have arisen regarding the phrase "unrestrained child impact area." This phrase was included in the Notice of Proposed Rule Making, (Illegible Word) Federal Motor Vehicle Safety Standards," Docket 3, Notice 1 issued November 30, 1966. On January 31, 1967, in an Advance Notice of Proposed Rule Making Docket 7, Notice 67-1, the phrase was deleted. The Agency noted its intent to develop requirements to reduce impact hazard for the unrestrained child. However, we have been unable to locate in any subsequent dockets any specific reference to the problem of the unrestrained child. We are hoping that you may be able to assist us in determining why later dockets did not identify requirements directed to the unrestrained child.

We also believe there were administrative law hearings on Standard 201. We have not found any materials from these hearings in our docket searches. Perhaps your office could direct us to a record of these proceedings, if they did, in fact, take place.

Thank you for your time and concern. Any assistance you can provide will be greatly appreciated.

Maureen Lindsey Director of Legal Research