ID: 2640o

Mr. Toshio Maeda
Executive Vice President
& Chief Operating Officer
Nissan Research & Development, Inc.
P.O. Box 8650
Ann Arbor, Michigan 48104

Dear Mr. Maeda:

This is in reply to your letter of June 30, 1987, asking for an interpretation of paragraph S4.1.1.36(b)(3) of Motor Vehicle Safety Standard No. l08.

That paragraph specifies in pertinent part that a replaceable bulb headlamp shall be designed to conform to Section 6.1-Aiming Adjustment Test, of SAE Standard J580 AUG79 Sealed Beam Headlamp Assembly. Section 6.1.1 states that "when the headlamp assembly is tested in the laboratory, a minimum aiming adjustment of +/-4 deg. shall be provided in both the vertical and horizontal planes." You have asked whether the aiming adjustment is to be achieved by the headlamp assembly, or by both the headlamp assembly "and by the headlamp when it is mounted on the vehicle."

SAE J580 applies to the design of headlamp assemblies, including the functional parts other than the headlamps, such as aiming and mounting mechanisms and hardware. The assembly may include one or more headlamps. Although the headlamp assembly is tested in the laboratory, its design must be identical to the headlamp assembly used on the vehicle. Thus, if the aiming adjustment requirement is met by the headlamp assembly in the laboratory, it should also be met when the assembly is installed on the vehicle. An individual headlamp installed on the vehicle need not meet the aiming adjustment test unless that headlamp is part of a headlamp assembly comprising only one headlamp.

I hope that this answers your question.

Sincerely,

Erika Z. Jones Chief Counsel ref:l08 d:1/14/88

ID: 2640y

Mr. Ron Boucher
Energy Savings Systems
P.O. Box 294
Centralia, WA 98531

Dear Mr. Boucher:

Thank you for your letter asking whether the products you plan to market would comply with the laws and regulations administered by this agency. As explained below, the laws and regulations administered by this agency would not be applicable to these products.

Enclosed with your letter were two brochures describing the "Signal Flash" personal identification lights. The brochure included pictures and descriptions of several different types of battery-powered lights that are small enough to be carried on one's person, and include straps that make them suitable to be carried on one's arm, around one's wrist, or inserted into a life preserver. The brochures describe these "Signal Flash" lights as suitable for use in "diving, mountaineering, jogging, sailing, windsurfing, cycling, fishing, car breakdown, life jacket, etc."

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to regulate "motor vehicles" and items of "motor vehicle equipment." Section 102(4) of the Safety Act (15 U.S.C. 1391(4)) defines "motor vehicle equipment", in part, as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle...

Your "Signal Flash" lights are plainly not a "system, part, or component of a motor vehicle as originally manufactured," nor are they a "similar part or component manufactured or sold for replacement or improvement" of an original equipment part of a motor vehicle. The issue is whether these lights would be considered an "accessory" within the meaning of the Safety Act. In determining whether an item of equipment is considered an "accessory," the agency applies the relevant statutory language and the two following criteria: first, whether a substantial portion of the expected uses of the item are related to the operation or maintenance of motor vehicles, and second, whether the item is intended to be used principally by ordinary users of motor vehicles.

In evaluating the first criterion, the product literature enclosed with your letter emphasizes the versatility of these personal identification lights. While these lights occasionally may be used in connection with a motor vehicle breakdown or repair, most of the suggested uses involve sports activities that have nothing to do with a motor vehicle. Thus, a substantial portion of the expected uses of the light would not appear related to the operation or maintenance of a vehicle, so these "Signal Flash" lights would not be considered items of "motor vehicle equipment." This conclusion means that the "Signal Flash" lights are not subject to any of the laws and regulations administered by this agency.

You may wish to consult the U.S. Consumer Product Safety Commission to learn if they have any requirements applicable to these lights. That agency protects the public against unreasonable risks of injury from consumer products. You may write to the Consumer Product Safety Commission at 5401 Westbard Avenue, Bethesda, MD 20207, or contact them by telephone at (301) 492-6580.

I hope this information is helpful. If you have any further questions or need any additional information, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

/ ref:VSA d:7/27/90

ID: 2643o

Mr. Billy S. Peterson
President
Automotive Safety Testing, Inc.
Product Liability-Testing-Certification
at TRC of Ohio
East Liberty, OH 43319

Dear Mr. Peterson:

This is in reply to your letter of September 23, 1987, with respect to positioning of rear mounted lamps and reflectors in accordance with Federal Motor Vehicle Safety Standard No. l08. Your client has designed a vehicle in which the backup lamps and rear reflex reflectors would be mounted on the deck lid, and you have asked whether there are any current or contemplated prohibitions that would preclude this design.

The lamps in question will be mounted on a rigid part of the vehicle as required by paragraph S4.3.1 of Standard No. l08, and the deck lid will be closed and the lamps and reflectors in full view under normal operating conditions. The visibility requirements of lamps and reflectors in Standard No. l08 are predicated on the normal driving or closed deck lid position. Since the use of motor vehicles, including driving with deck lids open or otherwise having the lamps and reflectors obscured by a particular load on the vehicle is under the jurisdiction of the individual States, we do not anticipate rulemaking on this subject. Thus this design is not prohibited by Standard No. l08.

Sincerely,

Erika Z. Jones Chief Counsel ref:l08 d:1/28/88

ID: 2644o

C.D. Black, Engineering Manager
Legislation, Compliance
Product Development
Jaguar Cars, Inc.
600 Willow Tree Road
Leonia, NJ 07605

Dear Ms. Black:

This is in reply to your letters of June 8 and October l7, 1987, with respect to an electrically-operated headlamp leveling system that Jaguar intends to offer on passenger cars beginning with the l989 model year. Such a device is required by EEC regulations. You have informed us that the system does not allow lamps to be adjusted above the "zero" position, only downward to compensate for rear end loading of the vehicle. There is no provision for automatic return to the "zero" position when the engine is turned off. Further, there will be no indication to the driver from the vehicle instrumentation that re-aim is necessary when the headlamps are adjusted downward. You have concluded, for the six reasons given in your letter of June 8 that "no aspect of FMVSS l08 . . . is contravened by this proposed installation."

The sole restriction that Standard No. l08 imposes upon an item of motor vehicle equipment not covered by the standard but which a manufacturer wishes to add to a vehicle as original equipment is that it not impair the effectiveness of the lighting equipment that the standard requires (S4.l.3). If a manufacturer concludes that the unrequired equipment would not impair the effectiveness of the required lighting equipment, it may certify that the vehicle complies with Standard No. 108. Based on our understanding of your system, it does not appear to impair the effectiveness of the required equipment. However, we urge you to consider the possible consequences if the driver forgets to return the system to the "zero" position from either of the two adjustment positions. These possibilities are a concern because the system does not automatically return to that position, and no warning is provided to the driver that the headlamps are not in their original design position. On the other hand, if properly used, the system could enhance headlighting effectiveness by ensuring that the headlamp provides the same lighting performance under all conditions of vehicle load.

We hope the information is helpful.

Sincerely,

Erika Z. Jones Chief Counsel ref:l08 d:2/11/88

ID: 2645o

Mr. Edgar G. Meyer
Bureau of Economic Analysis
Florida Department of Commerce
407 Fletcher Building
Tallahassee, FL 32399-2000

Dear Mr. Meyer:

This responds to your November 24, l987 letter asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, to the manufacture of automobile seat cushions and seat backs. Specifically, you asked whether it would be permissible if the fabric (i.e., felt) from which the seat cushions and seat backs would be manufactured were made from "old clothes and rags." Standard No. 302 neither specifies nor prohibits any particular type of raw material used to manufacture seat backs and seat cushions. The felt must meet the flammability requirements of the standard if it is used for cushions and seat backs for new motor vehicles. Also, felt used to manufacture seat cushions and seat backs for new and used motor vehicles must contain no safety related defects.

The National Traffic and Motor Vehicle Safety Act and NHTSA regulations require manufacturers of new motor vehicles to certify that their vehicles comply with all applicable Federal motor vehicle safety standards, including Standard No. 302. Standard No. 302 specifies burn resistance requirements for materials used to manufacture seat cushions and seat backs on new passenger cars, multipurpose passenger vehicles, trucks and buses. Thus, any person manufacturing a new vehicle with seat backs and seat cushions made from the felt material you described must ensure that the seat backs and cushions possess the burn resistance characteristics required by Standard No. 302. If the felt can meet those requirements, it may be used in new motor vehicles in satisfaction of Standard No. 302, regardless of the felt's raw materials.

The felt manufacturer should also be aware that the Vehicle Safety Act requires all vehicle and equipment manufacturers to ensure that their products contain no defects relating to motor vehicle safety. If it were determined by the manufacturer or this agency that the seat cushions and seat backs had a safety related defect, all purchasers of the vehicle containing the defective equipment would have to be notified and the defective item repaired or replaced without charge. If the felt material is used to manufacture items of motor vehicle equipment that are sold to vehicle owners for use in used vehicles (i.e., vehicles previously purchased in good faith for purposes other than resale), the felt need not meet Standard No. 302. In general, it would not violate Standard No. 302 to add aftermarket seat cushions to used vehicles, even if the addition of the seat cushions caused the vehicles to no longer comply with the standard.

This general rule is, however, limited by the application of the provisions of section l08(a)(2)(A) of the Safety Act. That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, any person in the aforementioned categories that installed a seat cushion which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating a section l08(a)(2)(A). Section l09 of the Act specifies a civil penalty of up to $l,000 for each violation of section l08.

Again, the manufacturer of the aftermarket seat cushions would be obligated to recall and remedy cushions that are determined to contain a safety related defect, even if the cushions were installed by the vehicle owners themselves.

You asked about other Federal laws that might have a bearing on the manufacture of the felt material. You might wish to contact the Occupational Safety and Health Administration at (202) 523-8148 and the Environmental Protection Agency at (202) 475-8040 for information about the applicability of any of their statutes and regulations.

Sincerely,

Erika Z. Jones Chief Counsel ref:302 d:1/1/88

ID: 2646o

The Honorable Leon E. Panetta
Member, U.S. House of Representatives
380 Alvarado Street
Monterey, CA 93940

Dear Mr. Panetta:

This responds to your inquiry on behalf of Dr. Courtney F. Morgan, a constituent of yours. Dr. Morgan has purchased a 1987 model year Saab. The particular version of the model he saw at the dealership was equipped with manual lap/shoulder safety belts. However, the actual car that was delivered to Dr. Morgan was equipped with automatic safety belts. Dr. Morgan feels that the automatic belts are "hazardous and cumbersome," and asked what he must do in order to remove the automatic belts and have manual safety belts installed in place of the automatic belts. I am pleased to have this opportunity to explain our law and regulations to you.

Pursuant to the National Traffic and Motor Vehicle Safety Act in 1966 (the Safety Act; 15 U.S.C. 1381 et seq.), a Federal safety standard on occupant crash protection was issued in 1967 requiring the installation of manual safety belts in all new passenger vehicles. Although these manual safety belts have shown their effectiveness as safety devices, only a relatively small number of motorists used their manual belts. As recently as 1984, only 12.5 percent of front seat occupants wore their manual belts. Because so few people used their manual safety belts, the Department issued the first requirement for automatic restraints in passenger cars in 1970, and it was scheduled to take effect in 1973. That implementation date was delayed for a variety of reasons. On June 24, 1983, the Supreme Court of the United States found our decision to repeal the requirement for automatic restraints was "arbitrary and capricious," and ordered us to reconsider the decision (Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29). Against this background, former Secretary of Transportation Dole issued a final rule amending the Federal safety standard on occupant crash protection on July 17, 1984.

That decision, which promotes both automatic restraints and State safety belt use laws, provides a comprehensive approach designed to save as many lives as possible as quickly as possible. We believe that effectively enforced State laws requiring the proper use of the manual safety belts that are in most cars on the road today offer our best opportunity to save lives today at virtually no cost to the consumer. The decision also reflects our belief in the value of automatic occupant protection systems, such as air bags and automatic belts, by requiring all new cars to have automatic protection starting with the 1990 model year. The automatic protection requirements are phased in during the preceding three model years, beginning with 10 percent of each manufacturer's 1987 model year cars. Each manufacturer must equip 25 percent of its 1988 model year cars with automatic occupant protection systems, and 40 percent of its 1989 model year cars with automatic occupant protection systems. However, if the Secretary determines not later than April 1, l989, that State belt use laws have been enacted that meet certain criteria and that are applicable to two-thirds of the U.S. population, then the automatic restraint requirements will be rescinded.

The following prohibition appears in section 108 of the Safety Act: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ..." In this case, the automatic safety belts in Dr. Morgan's Saab are a "device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard." Removal of the automatic belts would render them inoperative. Therefore, Federal law prohibits Saab, any other manufacturer, and any distributor, dealer, or motor vehicle repair business from removing the automatic safety belts from Dr. Morgan's car.

Please note that this Federal prohibition does not prevent Dr. Morgan himself from removing the automatic belts from his car. However, we encourage vehicle owners not to tamper with the occupant crash protection systems installed in their vehicles. If Dr. Morgan were to remove the automatic belts himself and improperly install manual safety belts, he would be putting himself and other vehicle occupants at substantially greater risk of injury in a crash.

Please thank Dr. Morgan for informing us of his views on this subject. We welcome the interest of all concerned citizens on this important subject and I appreciate this opportunity to advise you of our efforts to improve occupant crash protection for all Americans.

Sincerely,

Erika Z. Jones Chief Counsel ref:VSA#208 d:2/5/88

ID: 2647o

Mr. Allan J. Lameier
Quality Assurance Specialist, Defense Logistics Agency
Defense Contract Administration Services Management
Area, Dayton
C/O Defense Electronics Supply Center
Dayton OH 45444

RE: A. Lameier 513-684-3915

Dear Mr. Lameier:

This is in response to your letter requesting clarification concerning the classification of a Davey mobile compressor. You state that the manufacturer of the compressor indicates that the wheeled compressor need not comply with Standard No. 108, Lamps, reflective devices and related equipment, because the compressor is not a trailer. Based on the information provided with your letter, we believe that the compressor is not a motor vehicle and is therefore not subject to the requirements of Standard No. 108 or any other Federal motor vehicle safety standards.

By way of background, our agency is authorized, under the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act; 15 U.S.C. 1381 et seq.) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. The National Highway Traffic Safety Administration (NHTSA) does not approve motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

A "trailer" is defined at 49 CFR /571.3 as "a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle." The mobile compressor shown in the brochure enclosed with your letter appears to be designed for carrying property (the compressor) and for being drawn by a motor vehicle. The answer to your question of whether this compressor is a trailer, then depends on whether the compressor is a "motor vehicle" within the meaning of the Safety Act. Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a "motor vehicle" as

any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

We have interpreted this language as follows. Vehicles such as forklifts and mobile construction equipment which are sold primarily for off-road use, but which incidentally use the public roads to travel from one job site to another, are not considered motor vehicles. On the other hand, vehicles which regularly use the public roads and stay off-road for only limited periods of time are motor vehicles and are subject to our safety standards.

The agency has previously concluded in a July 1, 1980 letter to Mr. E.C. Elliott (copy enclosed) that his company's portable air compressors were not motor vehicles, based on statements that these devices spend the bulk of their useful lives on construction sites and are seldom drawn over public roads by mechanical power. If the Davey portable compressors are used in the same fashion as the compressors discussed in the July 1, 1980 letter, we believe that the Davey compressors were properly classified by the manufacturer as something other than a "motor vehicle". This means that the Davey compressors are not subject to any of the Federal motor vehicle safety standards.

I hope this information has been useful. My apologies for the delay in responding to your letter.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:57l#VSA d:2/19/88

ID: 2648o

Ms. Laura C. Boniske
2928 Coconut Grove Drive
Coral Gables, FL 33134

Dear Ms. Boniske:

This responds to your letter asking for an interpretation of the requirements of Standard No. 302, Flammability of Interior Materials, as they apply to "materials used in the manufacture of an aftermarket product which will be utilized in the occupant compartment of a vehicle." In an October 27, 1987 telephone conversation with Ms. Hom of my staff, you mentioned in particular an item of equipment consisting of a pad for cushioning safety belts. Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302.

Standard No. 302 is a vehicle standard and as such applies to completed vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The general rule is that aftermarket products may be added to vehicles, even if the addition of those products causes the vehicle to no longer comply with the requirements of Standard No. 302, without violating the requirements of Federal law.

This general rule is, however, limited by the application of the provisions of Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (copy enclosed). That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative . . . any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." NHTSA would consider the installation of safety belt pads that do not meet the requirements of Standard No. 302 as "rendering inoperative" an element of design (flammability resistance) installed in accordance with an applicable Federal safety standard. Thus, a manufacturer, distributor, dealer, or motor vehicle repair business that installed a safety belt pad which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating section 108(a)(2)(A) of the Safety Act. We note also that, since safety belts are safety devices installed in accordance with Safety Standards No. 208, Occupant Crash Protection, and No. 209, Seat Belt Assemblies, those commercial businesses would be prohibited from installing the safety belt pad if its installation would impair the effective operation of the belts. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.

The prohibitions of /108(a)(2)(A) do not apply to the vehicle owner rendering inoperative some element of design in his or her vehicle. Therefore, aftermarket safety belt pads may be sold to a vehicle owner for installation in his or her vehicle regardless of whether the pad complies with the flammability resistance requirements of Standard No. 302.

There are two factors which ought to be considered by the manufacturers of safety belt pads which do not satisfy the flammability resistance requirements of Standard No. 302. First is the possibility of liability under State and common law if those pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, or if those pads burn much more rapidly than pads that comply with Standard No. 302. Second is the possibility of a finding of a safety-related defect in your products. Sections 151-154 of the Safety Act require that, when an item or motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser. In any event, we urge you to ensure that your products would not negatively affect the safety provided by the underlying belt assembly.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:VSA#302#209 d:2/10/88

ID: 2649o

Mr. Lloyd J. Osborn
Chief, Customs and Quarantine Division
Department of Commerce
Government of Guam
590 South Marine Drive
Suite 601, 6th Floor GITC Building
Tamuning, Guam 96911

Dear Mr. Osborn:

This is in reply to your letter of December 11, 1987, to the Office of Vehicle Safety Standards of this agency in which you request a "list of vehicles which have been determined by NHTSA to be excluded as motor vehicles."

The agency does not maintain a list of this nature. The National Traffic and Motor Vehicle Safety Act defines a "motor vehicle" as a vehicle, with or without motive power, manufactured primarily for use on the public streets, roads, and highways. This category includes vehicles capable of off-road use but which are nevertheless generally licensed for use on the public roads. Over the years, NHTSA has provided interpretations that the following types of vehicles are not "motor vehicles": single seat racing cars, stock cars modified to the point that they are no longer licensable for use on the public roads, all-terrain vehicles, racing motorcycles and off-road motorcycles that are trailered over the public roads, golf carts, in-plant vehicles lacking doors and lighting devices, airport crash and rescue vehicles, and shuttle buses, snowmobiles, mobile homes, farm tractors, farm trailers whose use of the public roads is limited to crossing from one field to another, and trailers like mobile compressors which spend lengthy periods of time at an off road worksite and only infrequently travel by road to a new worksite. In addition, the agency does not consider construction cranes to be "motor vehicles". Finally, vehicles manufactured pursuant to military contracts, while "motor vehicles", are nevertheless exempted from compliance with the Federal motor vehicle safety standards.

If you have any further questions we shall be happy to answer them, as well as furnish whatever other assistance you may require in formulating your Customs procedures.

Sincerely,

Erika Z. Jones Chief Counsel

ref:CSA d:2/11/88

ID: 2650o

Roderick A. Boutin, Esq.
960 One Main Place
101 S.W. Main Street
Portland, Oregon 97204

Dear Mr. Boutin:

This responds to your letter to Steve Kratzke, of my staff, asking for a statement of the legal requirements that would apply to a new product one of your clients plans to introduce. You provided no description of this product in your letter, other than to state that it "alters the alignment of an upper torso restraint to the increased comfort of the wearer." You also stated in the letter that the product would initially be sold as an aftermarket accessory to be installed by consumers, but that it might eventually be sold to manufacturers to be installed in new vehicles. In a telephone conversation with Mr. Kratzke on November 20, 1987, you stated that this product would clip the shoulder belt to the lap belt near the middle of wearer's abdomen.

Although we understand your concern that safety belts be comfortable for the wearer, we have significant reservations about this product. I hope the following discussion explains those reservations and the effect of our regulations on the product.

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) gives this agency the authority to issue safety standards applicable to new motor vehicles and certain new items of motor vehicle equipment. We have exercised this authority to establish Standards No. 208, Occupant Crash Protection, and No. 210, Seat Belt Assembly Anchorages (49 CFR /571.208 and /571.210, respectively), applicable to new vehicles, and to establish Standard No. 209, Seat Belt Assemblies (49 CFR /571.209), applicable to new seat belt assemblies. It does not appear that any of these regulations would apply to your client's product, however.

Additionally, you are not required to get some "approval" from this agency before selling the product. NHTSA has no authority to approve or endorse motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment to ensure their compliance with the safety standards, and also investigates other alleged safety-related defects.

While none of our safety standards appear to apply directly to your client's product, there are several statutory responsibilities your client must assume when it manufactures the product. All manufacturers of motor vehicle equipment are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. The agency does not determine the existence of defects except in the context of a defect proceeding, so we are unable to say at this time whether this product might or might not contain such a defect.

However, this product raises a host of safety concerns that we would advise your client to carefully consider. Section S7.1.2 of Standard No. 208 specifies that the intersection of the shoulder belt with the lap belt shall be at least 6 inches from the front vertical centerline of a 50th percentile adult male occupant with the seat in its rearmost and lowest adjustable position. Attaching the shoulder belt to the lap belt in the middle of the abdomen, instead of joining the belts at the latchplate off to the side of the occupant, would cause the belts to no longer comply with this requirement of Standard No. 208 and would significantly alter the distribution of crash forces on the occupant. The lap and shoulder belts as currently installed distribute the crash forces over the skeletal structure of the occupant. The proposed device to attach the shoulder belt to the lap belt near the middle of the abdomen would significantly increase the loading on the occupant's abdomen, a part of the body that cannot withstand the same loading levels as the skeletal structure. This increase in abdominal loading could have serious safety implications for the wearer of the belt. Additionally, by realigning the shoulder belt, the device would seem to increase the likelihood that a wearer of the belt would twist toward the middle of the vehicle, so that the person could be partially or completely unrestrained by the shoulder belt.

Further, it is possible that the device attaching the shoulder belt to the lap belt near the middle of the wearer's abdomen could not withstand the forces of the crash, and would allow the shoulder belt to detach. Since the shoulder belt could have an excessive amount of slack in it, the occupant's head would be likely to contact the vehicle interior. All of these possibilities raise serious safety concerns with respect to this proposed device.

In addition, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits commercial businesses from knowingly tampering with devices or elements of design installed in a motor vehicle in compliance with a Federal motor vehicle safety standard. Shoulder belts are installed in the front seating positions of most vehicles with a gross vehicle weight rating of 10,000 pounds or less in compliance with Standard No. 208. If the installation of this product causes the shoulder belts to offer less effective occupant protection, commercial establishments could not legally install the product on customers' vehicles.

The prohibition in section 108(a)(2)(A) does not apply to individual vehicle owners who may install or remove any items on safety belt systems regardless of the effect on compliance with Standard No. 208. However, our policy is to encourage consumers not to tamper with the safety belts installed in their vehicles. Installation of this product by any person would be inconsistent with that policy.

If you have any further questions, please contact Mr. Kratzke at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

ref:VSA#208 d:2/11/88