Interpretation ID: nht95-2.52

TYPE: INTERPRETATION-NHTSA

DATE: April 25, 1995

FROM: A. P. Corrado -- Director, Market Development Gen Corp Aerojet, Electronic Systems Division

TO: John Womack -- Acting Chief Council, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO 6/14/95 LETTER FROM JOHN WOMACK TO A. P. CORRADO (A43; STD. 208)

TEXT: Dear Mr. Womack,

The purpose of this letter is to request clarification from NHTSA concerning the application of FMVSS 208, 49 CFR @ 571.208 (Occupant Crash Protection), with respect to an "Out-Of-Position) front outboard passenger.

As you know, S4.1.5.3 of FMVSS 208 requires that all passenger cars manufactured on or after September 1, 1997, comply with the automatic front/angular protection system of S4.1.5.1(a)(1) "by means of an inflatable restraint system at the driver's and right front passenger's position". The term "inflatable restraint system" is defined in S4.1.5.1(b) as "an air bag that is activated in a crash".

Some in the industry have interpreted this standard -- particularly the word "activated" -- as mandating a system that automatically deploys a passenger-side air bag under all circumstances. However, we do not believe the term "activate" in the defin ition of "inflatable restraint system" is intended to mean "deploy in all cases". Specifically, given the purpose and intent of the Standard, we do not believe that the Administration intended to require deployment of an airbag where the deployment itse lf is likely to cause serious injury or death.

This distinction is critical given the development of sophisticated sensing devices that offer the potential of discriminating between an In-Position passenger and an Out-Of-Position passenger. Such systems, being developed initially to detect the pr esence of rear facing infant seats, offer the prospect of reducing the likelihood of serious injury or death to Out-Of-Position passengers by purposely inhibiting or restricting full deployment of the passenger side air bag.

Because we are confident that NHTSA does not intend to preclude the development or application of such sophisticated sensor systems, we would appreciate your confirmation that FMVSS 208 does not preclude the use of inflatable restraint systems that by design inhibit deployment of a passenger air bag in those identified cases where the likelihood and severity of passenger injury would be greater with air bag deployment than without.