Interpretation ID: nht88-1.3

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/88 EST

FROM: N. BOWYER -- LAND ROVER UK LIMITED

TO: OFFICE OF THE CHIEF COUNSEL, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 10/14/88 FROM ERIKA Z. JONES TO N. BOWYER; REDBOOK A32, STANDARD 208, 209 LETTER DATED 04/19/88 FROM D. BRUCE HENDERSON TO OFFICE OF GENERAL COUNSEL, NHTSA; OCC 1908

TEXT: Dear Sir,

I am writing on behalf of Land Rover UK Limited to request, from the National Highway Traffic Safety Administration, an interpretation of Federal Motor Vehicle Safety Standard No. 208 and No. 209. Land Rover UK Limited is a British company which markets its Range Rover model in the United States of America via its subsidiary, Range Rover of North America Inc.

On November 23, 1987, the NHTSA published a final rule amending FMVSS 208 - occupant crash protection. This final rule introduced dynamic test requirements for manual seat belts in both light trucks and multipurpose passenger vehicles. Part of this fina l rule introduced a new labelling requirement into FMVSS 209 - seat belt assemblies, and it is this requirement which we would like your interpretation on.

Paragraph S4.6.3. of FMVSS 208 is amended to read "a type of 2 seat belt assembly subject to the requirements of S4.6.1 or S4.6.2. (i.e. the dynamic test requirements) of this standard does not have to meet the requirements of S4.2(a) - (c) and S4.4. of Standard No. 209 (49CFR 571.209) of this part".

2

Paragraph S4.6(b) of FMVSS 209 is amended to read "a seat belt assembly that meets the requirements of S4.6. of the Standard No. 208 (49CFR 571.208) shall be permanently and legibly marked or labelled with the following statement: This dynamically tested seat belt assembly is for use only in (insert specific seating position(s), e.g. "front right") in (insert specific vehicle make(s) and model(s))".

These requirements appear to state that a manufacturer, at his option, can choose to fit seat belts which do not comply with some of the technical requirements of FMVSS 209, provided that they meet the dynamic test requirements of FMVSS 208. However, th ese amendments also imply that all seat belts which meet the dynamic test requirements must be labelled, in line with the amended FMVSS 209 requirements, regardless of whether or not they comply with all of the technical requirements of FMVSS 209.

Obviously, the NHTSA intended to ensure that seat belts which do not meet all the technical requirements of FMVSS 209, as allowed for in FMVSS 208, should be labelled, thereby ensuring that they are not installed into inappropriate vehicles. However, ou r reading is that the NHTSA did not intend the labelling requirements of FMVSS 209 to be applied to seat belts which comply with both the dynamic test requirements of FMVSS 208 and all of the technical requirements of FMVSS 209. After all, seat belts wh ich only comply with FMVSS 209 are not required to be labelled, so there is no reason to require seat belts which additionally meet the dynamic test requirements of FMVSS 208 need to be labelled. Is this not the correct interpretation of these requireme nts?

3

In considering this question, we would like to refer you to an NPRM which was issued by the NHTSA on December 29, 1987. This NPRM covers modifications to the headlamp requirements of FMVSS 108 and introduces a similar situation. The NPRM proposes simpl ifications to the headlamp requirements and also introduces a requirement that manufacturers supply information (i.e. part numbers) concerning the headlamps to the first purchaser. However, this NPRM proposes that the information is only supplied with v ehicles whose headlamps take advantage of the simplified requirements.

This example clearly indicates the intention to only require information on parts taking advantage of the relaxed requirements. Therefore, the labelling requirement of FMVSS 209 must be interpreted as follows:- 1) Dynamically tested seat belts which do not meet certain FMVSS 209 technical requirements, as allowed for in FMVSS 208, must be labelled in accordance with FMVSS 209 paragraph S4.6(b). 2) Dynamically tested seat belts which also comply with all of the technical requirements of FMVSS 209 need not meet the labelling requirements of FMVSS 209 paragraph S4.6(b).

If your interpretation is contrary to our understanding of the requirements, will you please treat this letter as a petition for rulemaking.