Interpretation ID: nht88-1.19

TYPE: INTERPRETATION-NHTSA

DATE: 01/28/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: The Honorable Bob Carr

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Bob Carr United States House of Representatives Washington, DC 20515

Dear Mr. Carr:

Thank you for your letter, cosigned by Congressmen William Broomfield and Carl Pursell, urging favorable consideration of a petition for reconsideration of Standard No. 208, Occupant Crash Protection. This petition was filed by C&C, Incorporated, and ask ed us to reconsider our decision to treat convertibles just like all other passenger cars for the purposes of Standard No. 208, as of September 1, 1989. Further, the petition asked us to change our long-standing interpretation that T-top vehicles are not convertibles.

We have not yet completed our analysis and response to this petition. We will consider your views, as well as the arguments presented in the petition, in reaching our final decision. I will see that you are informed of our response to this petition as so on as the analysis is completed.

I have placed a copy of your letter and this response in the public docked for this petition. If you have any further comments or need additional information on this subject, please let me know.

Sincerely,

Diane K. Steed

cc: The Honorable John D. Dingell The Honorable William Lehman

Congress of the United States House of Representatives Washington, DC 20515

January 11, 1988

The Honorable Diane K. Steed Administrator National Highway Traffic Safety Administration Department of Transportation 40O Seventh St., S.W. Washington, DC 20590

Dear Ms. Steed:

We understand that on April 29 and October 19, 1987, C and C, Incorporated of Michigan filed a petition for reconsideration (Docket No. 74-14, Notice 51) of a Notice published in the March 30 Federal Register (52 F.R. 10122). We am also aware of your age ncy's notice of October 17, 1986 (51 F. R. 37028, 37029) wherein you concluded that a "vehicle with a T-bar roof would not be considered a convertible." In the March Notice, we understand NHTSA declined reconsideration of a Toyota petition "to exclude T- bar roof vehicles from the automatic restraint requirement." Your Notice explains:

Toyota said that "due to the lack of a door frame or a roof side rail structure, it is impossible to install an automatic belt that is acceptable to customers to the T-bar roof vehicles in view of current technology." Toyota said it will have to disconti nue T-bar roof vehicles after September 1, 1989, unless those vehicles are excluded from the automatic restraint requirement.

NHTSA has decided to retain its current interpretation of the term convertible and thus, is not adopting the proposed revision requested by Toyota. As discussed earlier in this notice, driver-side air bags and automatic safety belt systems will be availa ble for use in convertibles. Since those systems are available for convertibles, Toyota and other manufacturers of cars with T-bar roofs can use those same systems to comply with the performance requirements of the standard.

We observe that C and C's April 29 letter takes issue with the basis for this conclusion, such as your reference to an device.

We understand that you have not acted on the C and C petition which raises factual and economic issues unique to this firm and not to Toyota. Those issues, particularly the potential job loss, are not addressed in your March 30 Notice. They would probabl y not be significant in the case of Toyota. They are very significant for this firm. We understand that one manufacturer, Ford Motor Company, has canceled a T-roof contract. That may or may not be related to this matter, but it bodes badly for this firm and its workers.

We point out also that C and C is not seeking a permanent exemption from the 208 rule.

We urge favorable consideration of this petition for reconsideration and development of a proposal that will not cause a job loss at this firm.

Sincerely,

WILLIAM BROOMFIELD BOB CARR CARL PURSELL Member of Congress Member of Congress Member of Congress

cc: The Honorable Jon D. Dingell, Chairman Committee on Energy and Commerce

The Honorable William Lehman, Chairman Subcommittee on Transportation and related Agencies Committee on Appropriations