Interpretation ID: aiam3999
Esq.
Dean Hansell
Esq.
Law Offices of Donovan
Leisure
Newton & Irvine
333 South Grand Avenue
Los Angeles
CA 90071;
Dear Mr. Waimey and Mr. Hansell: Thank you for your letter of April 15, 1985, concerning the automati restraint requirements of Federal Motor Vehicle Safety Standard No. 208, *Occupant Crash Protection*. I regret the delay in our reply.; You asked about the requirement in S4.1.3 of the standard concernin the minimum annual production of passenger cars that must be equipped with automatic restraints. You stated your assumption that the standard applies only to vehicles produced for sale in the United States and asked how a manufacturer is to determine if a vehicle is a part of its annual production for the United States. You pointed out that there are a number of possible sales transactions, beginning with the sale of a vehicle by Porsche to the U.S. importer and ending with the first sale to a consumer in the U.S. that can be used in determining at which point a vehicle becomes part of Porsche's annual production for the United States. I hope the following discussion answers your question.; As discussed in the agency's April 12, 1985, (50 FR 14596) notice o Standard No. 208, your assumption that the term 'average annual production' refers only to cars manufactured for sale in the United States is correct. S4.1.3 specifies that percentages of production are to be based on the number of cars *manufactured* between discrete dates. In the case of foreign cars, as in the case of domestic ones, 'manufactured' means produced or assembled. Part 567 *Certification* (49 CFR Part 567) of the agency's regulation requires all vehicles manufactured for sale in the United States to have a tag affixed to them certifying that they meet all Federal Motor Vehicle Safety Standards. Therefore, in determining which vehicles are to be counted as the manufacturer s average annual production, the manufacturer should determine how many vehicles were produced and certified in accordance with our regulation during the applicable time period. Using production and certification provides the agency and manufacturers with an easily verifiable event to determine which cars are to be counted.; I hope this information is of assistance to you. If you have furthe questions, please let me know.; Sincerely, Jeffrey R. Miller, Chief Counsel