Interpretation ID: nht79-3.44

DATE: 12/28/79

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Toray Industrie, Inc.

COPYEE: HELENE B. TEKULSKY -- TECHNICAL DEVELOPMENT CENTER, MITSUI & CO. (USA), INC.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to a letter we received from Mitsui & Company asking questions concerning the "resistance to light" test in paragraph S5.1(e) of Safety Standard No. 209, Seat Belt Assemblies, as it applies to polyester seat belt webbing. You asked whether it is true that this paragraph will not be enforced for dacron and polyester webbing until an appropriate test method can be incorporated in the standard, and whether such a test method is being developed.

In a July 23, 1976, letter to the Celanese Fibers Marketing Company the agency stated that the Standard No. 209 test procedure for resistance to light was developed to test nylon webbing and that the procedure does not give meaningful results for the new polyester webbings. Therefore, Celanese was informed that the requirement would not be enforced for polyester webbing until a new procedure could be developed. This letter was placed in our public docket for the benefit of all interested parties (in our "Redbook" interpretations file). The agency does not intend to place an announcement of this interpretation in the Federal Register, however, since the standard will soon be amended to incorporate an appropriate test procedure for dacron and polyester webbing.

The new test procedure was developed for the National Highway Traffic Safety Administration by the Narrow Fabrics Institute and the Society of Automotive Engineers Task Force on Webbing. The new procedure would require the use of a plain glass filter instead of the Corex B filter currently required. The agency anticipates rulemaking to incorporate this new procedure sometime early next year, depending on rulemaking priorities.

I am enclosing a copy of our 1976 letter to Celanese for your information.

Sincerely,

ENC.

JULY 23, 1976

John Turnbull -- Celanese Fibers Marketing Company

Dear Mr. Turnbull:

This responds to your March 19, 1976, recommendation that paragraph S5.1(c) of Standard No. 209, Seat Belt Assemblies, be amended to clarify that the temperature specified in the "resistance to light" test procedure is intended to be "black panel" temperature rather than "bare bulb" temperature.

The procedures outlined in Standard No. 209 for the "resistance to light" test were adopted from the Bureau Standards's procedures for testing seat belts. The standard was developed by an industry and government group, which included Celanese Fibers, as a simplification and improvement of the A.S.T.M. Designation E42-64 procedure. The "resistance to light" test was-established to test nylon webbing, which was the standard material used in seat belt webbing at that time.

We recognize, however, that the industry now uses dacron and polyester materials in seat belt webbing, and that the Standard 209 test procedure developed to test nylon does not give meaningful results for these new materials. Therefore, the National Highway Traffic Safety Administration does not enforce the requirements of paragraph S5.1(e) of Standard No. 209 in the case of seat belt webbing made of dacrons and polyesters, and will not until appropriate testing procedures can be developed and incorporated in the standard for these new materials.

Procedures for testing systems containing materials other than nylon are under development and we plan to initiate rulemaking to incorporate these procedures into standard 209. You should understand that our commencement of a rulemaking proceeding does not signify that the rule in question will be issued. A decision as to the issuance of the rule is made on the basis of all available information developed in the course of the rulemaking proceeding, in accordance with statute criteria.

We would appreciate any data you may be able to provide regarding colorfastness tests for fabrics other than nylon.

Sincerely,

HERLIHY FOR Stephen P. Wood -- Assistant Chief Counsel, NHTSA

November 16, 1979

HUGH OATES, ESQ. -- Office of the Chief Counsel, National Highway Traffic Safety Administration

Dear Mr. Oates:

We have been in contact with Mr. William Smith at NHTSA for the past two years regarding the enforcement of paragraph S5.1(e) of Standard No. 209, Seat Belt Assemblies, "resistance to light test" for polyester seatbelt webbing.

It is our understanding that an amendment to the above standard had been suggested as meaningful results for seatbelt webbing of dacrons and polyesters could not be ascertained from the test as it stands. We further understand that, until an appropriate testing method is devised, paragraph S5.1(e) of Standard 209 will not be enforced for dacron and polyester webbings.

What we would like to know is whether an announcement to the above effect will appear in the Federal Register, whether an alternative testing method is being developed, and if this is the case when the new method is expected to be adopted by NHTSA and incorporated into Standard 209.

We would appreciate it if you would send your written reply to our questions to the following gentleman and a copy of the letter sent to us.

Mr. Katsufumi Mitsui General Manager Industrial Textile Department Toray Industries Inc. 2-2, Nihonbashi-Muromachi, Chuo-ku, Tokyo, Japan

Should you have any questions, please feel free to give me a call at (212) 973-4880 to discuss them.

We look forward to hearing from you soon.

Very truly yours,

MITSUI & CO. (USA), INC.;

Helene B. Tekulsky -- Technical Development Center

cc: K. Mitsui;

W. Smith;

Mitsui - Tokyo