Interpretation ID: nht92-8.29

DATE: March 9, 1992

FROM: Robert S. McLean, Esq. -- King & Spalding

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 3/30/92 from Paul J. Rice to Robert S. McLean (A39; Std. 208; Std. 209

TEXT:

I am writing to request a NHTSA interpretation of two basic sections of Federal Motor Vehicle Safety Standards ("FMVSS") No. 208, Occupant Crash Protection and No. 209, Seatbelt Assemblies (49 C.F.R. S 571.208 and S 571.209, respectively). My request for interpretation specifically deals with the application of FMVSS 208 and 209 to an occupant restraint system which has a seat belt portion consisting of a two-point automatic motorized shoulder belt and a manual lap belt. This system is of the type used in the 1980-81 Toyota Cressida and also is used on several Nissan and Ford vehicles. Please assume the system is used only on automobiles manufactured before September 1, 1989. For the purposes of this letter, please also assume that this occupant restraint system is certified as complying with the frontal crash Protection requirements of FMVSS 208, S5.1 using only the two- point automatic motorized shoulder belt (without the use of the manual lap belt).

First, we understand that the two-point automatic shoulder belt used in the above-mentioned system is not a "Type 2a shoulder belt" as defined in FMVSS 209, S3. This understanding is based first on the definition of "Type 2a shoulder belt" in FMVSS 209, S3, which states that a "Type 2a shoulder belt" is "an upper torso restraint for use ONLY in conjunction with a lap belt as a Type 2 seat belt assembly." (emphasis added). Pursuant to the definition of "Type 2a shoulder belt", the two-point automatic motorized shoulder belt cannot be a "Type 2a shoulder belt" because (i) the definition of "Type 2a shoulder belt" states that the Type 2a shoulder belt is for use "only in conjunction" with the lap belt, while (ii) FMVSS 208, S.4.1.2.1 requires that the two-point automatic motorized shoulder belt must be used without the manual lap belt in order to comply with that option. Our understanding is based, second, on the fact that FMVSS intended that the Type 2a shoulder belt be used in conjunction with a Type 1 seat belt assembly to meet the requirements of a Type 2 seat belt assembly. 32 Fed. Reg. 3390 (1967). See also 49 C.F.R S 571.209, S3. NHTSA has consistently recognized the distinction between a Type 2 seat belt assembly (and therefore the Type 2a shoulder belt and Type 1 seat belt assembly combination which can make up that system) and automatic belts, holding that an automatic belt is not a Type 2 seat belt assembly. See NHTSA interpretation letter to David E. Martin from Erika Z. Jones, NHTSA Chief Counsel, dated April 14, 1986 (attached as Exhibit "A" for your convenience). Therefore the two-point automatic motorized shoulder belt mentioned above cannot be a Type 2a

shoulder belt because a Type 2a shoulder belt is a component part of a Type 2 seat belt assembly, and an automatic belt is not a Type 2 seat belt assembly. In fact, an automatic belt is not a term defined under FMVSS 209. Third, FMVSS 209, including the definition of "Type 2a shoulder belt," generally does not apply to automatic belts that are certified as complying with the occupant crash testing requirement of FMVSS 208, such as the two-point automatic motorized shoulder belt mentioned above. See NHTSA interpretation letter to Frank Pepe from Frank Berndt, NHTSA Chief Counsel, dated September 12, 1979 (attached as Exhibit "B" for your convenience). In general, a Type 2a shoulder belt is a shoulder belt that is detachable from a lap belt and when detached cannot function as a shoulder restraint, as does the two-point automatic motorized shoulder belt. Therefore, please confirm that the two-point automatic motorized shoulder belt is not a "Type 2a shoulder belt."

Second, we understand that the two-point automatic motorized shoulder-belt is not required to be accompanied by the warning which FMVSS 209, S4.1(1) requires accompany a Type 2a shoulder belt. Our understanding is based upon three basis. First, the warning is not required to accompany the two-point automatic motorized shoulder belt because the two-point automatic motorized shoulder belt is not a "Type 2a shoulder belt" for the reasons discussed above. Second, the rational behind the FMVSS 209, S4.1(1) warning requirement does not apply to the two-point automatic motorized seat belt. A Type 2a shoulder belt unattached to a lap belt is dysfunctional, so FMVSS 209 required that the user be instructed to hook the shoulder belt to the lap belt. This rationale does not apply to the two-point automatic motorized shoulder belt, as it is never hooked up to the lap belt, and does not need to be in order to function. Third, the language of FMVSS 208, S4.5.3.4, as interpreted by the NHTSA interpretation letter to Frank Pepe from Frank Berndt, NHTSA Chief Counsel, dated September 12, 1979 (Exhibit "B"), states that an automatic belt, such as the two-point automatic motorized shoulder belt, which is certified as complying with the crash testing requirements of S5.1 (which, as we have stated, the two-point automatic motorized shoulder belt does) is not required to conform to the requirements of Standard No. 209. In fact, FMVSS 208, S4.5.3.4 as interpreted by the Pepe letter states that the two-point automatic motorized shoulder belt is not required to comply with any of the requirements of FMVSS 209, S4.1. Therefore, please confirm that (i) the two point automatic motorized shoulder belt is not required to be accompanied by the warning which FMVSS 209, S4.1(1) requires accompany a Type 2a shoulder belt, and (ii) that the two- point automatic motorized shoulder belt is not required to meet any of the requirements of FMVSS 209, S4.1.

In summary, we ask that you please confirm that: (i) the two- point automatic motorized shoulder belt is not a "Type 2a shoulder belt;" (ii) the two-point automatic motorized shoulder belt is not required to be accompanied by the warning which FMVSS 209, S4.1(1) requires accompany a "Type 2a shoulder belt;" and (iii) the two-

point automatic motorized shoulder belt is not required to meet any of the requirements of FMVSS 209, S4.1.

Thank you for your help in construing these regulations as they apply to the two-point automatic motorized shoulder belt and manual lap belt restraint system.

If you need any additional information or clarification, please call at (404) 572-3599.