Interpretation ID: nht91-4.4

DATE: May 23, 1991

FROM: Allen I. Swenson -- The Compliance Group, Inc.

TO: Robert F. Helmuth -- Director, Office of Vehicle Safety Compliance, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-16-91 from Paul Jackson Rice to Allen I. Swenson (A38; Std. 208)

TEXT:

This letter is in response to our telephone conversation of May 9, 1991 regarding a past agency decision to amend 49 CFR Part 571, para. S4.1.4.2.2.

In a ruling published in the Federal Register, Volume 55, No. 146 dated July 30, 1990, the requirement to install lap/shoulder harnesses in rear outboard DSP's where the seat is readily removable was delayed, to become effective in September 1, 1992. This implies that if the seat were not readily removable, the requirement to install lap/shoulder harnesses on rear outboard DSP's as required by Standard 208 is effective on September 1, 1991.

This ruling seemed to be caused by the need to develop a new type of harness release latch mechanism that was not a pushbutton release. The purpose of this mechanism is to allow the lap/shoulder harness to be detachable with the seat.

In our telephone discussion, you defined a "readily removable seat" to be one that easily releases from its mounting by means of a easily operated unlocking mechanism installed by the manufacturer and does not require tools, wrenches, etc.

This ruling introduces an opportunity to evade the intent of Part 208 which enhances occupant safety through the use of lap/shoulder harnesses on rear outboard DSP's. In the van conversion industry, it has been common practice to install "readily removable" seat systems in the rear of the vehicle. These systems are available from several manufacturers such as FlexSteel, Adnick Recreational, Goshen Cushion, Boss Manufacturing, etc. At a cost of approximately $10.00 per vehicle, the regulatory intent to improve occupant safety is completely contravened. Undoubtedly, numerous converters, given this loophole, will follow this path.

From the discussion in the Federal Register, it appears that this ruling was the result of an agency determination to eliminate the use of an easily released push-button buckle at a harness attachment point which would allow the user to "easily release either the lap or shoulder belt portion and use only the unreleased portion."

The intention of this letter is to determine if the purpose of the amendment was to delay the implementation of the lap/shoulder harness in rear outboard DSP's or to ensure that installed lap/shoulder harnesses would not allow the user to "easily release either the lap or shoulder belt portion and use only the unreleased portion."

An argument can be made that installation of any release mechanism for a detachment point can be installed so that it cannot be easily released by the user. An additional argument can also be made that a release mechanism even if so used is no less safe than a seat with a lap belt only.

As you know, the van conversion industry has had great difficulty with finding ways to comply with Standard 208 and meeting Standards 207 and 210. Several industry suppliers including The Compliance Group have invested substantial funds to develop solutions to these needs. If we are to continue investing development funds to help converters meet these standards it is important that we fully understand the true intent of this ruling.

As you know, The Compliance Group has already developed a system to allow converters to meet the requirements of standards 208, 207, and 210 for rear shoulder/lap seat harnesses and seating installation. This system includes the installation of readily removable seat mechanisms and upper harness release mechanisms using unique end release buckles.

Your interpretation of this amendment will certainly help clarify what additions or modifications may be necessary to help our product development efforts and the industry.

I look forward to your reply.