Interpretation ID: 86-3.39

TYPE: INTERPRETATION-NHTSA

DATE: 06/02/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Don Black -- Director, U.S. Engineering Office, Alfa Romeo Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Don Black Director, U.S. Engineering Office Alfa Romeo 250 Sylvan Avenue Englewood Cliffs, NH 07632

Thank you for your letter of March 24, 1986, to former Chief Counsel Jeffrey R. Miller about the requirements of Standard No. 208, Occupant Crash Protection. You explained that Alfa Romeo intends to install automatic safety belts in its two seat convertible model and asked how the requirements of Standard No. 208 apply to such an automatic crash protection system. In essence, all of your questions concern whether an automatic belt system can be substituted for a Type 1 or Type 2 safety belt system under 1.1.2.1(c)(2) of the standard. The answer is yes, an automatic safety belt can be used to meet the frontal crash protection requirements of S4.1.2.1(a) and can also be substituted for a Type 1 or Type 2 safety belt to meet the requirements of S1.1.2.1(c)(2).

As provided in S4.5.3 of the standard, an automatic safety belt system can be "used to meet the crash protection requirements of any option under S4 and in place of any seat assembly otherwise required by that option." Thus, an automatic safety belt can be substituted for a Type 1 or Type 2 belt system under S4.1.2.1(c)(2). Therefore, an Alfa Romeo convertible equipped with an automatic safety belt would not be subjected to the lateral crash test of S5.2 or the dynamic rollover test of S5.3.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Ref. #040

March 24, 1986

Mr. Jeffrey R. Miller Chief Counsel U.S. Department of Transportation N.H.T.S.A. 400 Seventh Street, S.W. Washington, D.C. 20590

Subject: Request for Clarification: FMVSS 208

Dear Mr. Miller: Alfa Romeo has committed to tooling to fit automatic belts in the 2 seat convertible marketed as "SPIDER". This will allow Alfa Romeo to exceed the first year phase-in requirement of 10 percent.

Our management has some concern that this decision may have placed the Corporation in a position of risk, due to the present ambiguities within FMVSS 208.

Following is our analysis of 208 as presently effective:

- S4.1.2(a) Permits passive systems meeting frontal crash criteria of S5.1.

- S4.1.2(c)(2) Permits active belts combined with a passive system meeting frontal crash criteria of S5.1. With this option, there is no requirement to meet lateral or rollover protection requirements.

Looking at these requirements, it appears that an automatic belt system would have to meet the lateral and rollover requirements of S4.7.2(c)(1). However, further into the text at S4.5.2, it appears that automatic belts may be used to meet the requirement of S4.1.2(c)(2). We would like your confirmation that this "linking" is correctly interpreted. If so, then it would seem that there is not lateral or rollover requirement.

- S4.1.2.3.2. Cites type 1 or 2 belts for convertibles, which again according to S4.5.3 may be substituted by automatic belts; thereby linking with S4.1.2(a) and (c)(2).

It appears that a convertible having automatic belts would not be required to comply with either S5.2 or S5.3. For this we solicit N.H.T.S.A.'s concurrence. Should the rollover requirement of S5.3 be required, we know of no means by which any conventional convertible can meet the criteria of S6.1.

In looking at "intent" we tend to think that N.H.T.S.A. had already recognized the convertible/rollover incongruity when S4.1.2.3.2 was written, which seems to concur with P.L.89-563 Sect. 103(f)(3).

May we have N.H.T.S.A.'s early response?

Sincerely, ALFA ROMEO, INC.

Don Black Director, U.S. Engineering Office

DB/as