ID: 1984-1.22

TYPE: INTERPRETATION-NHTSA

DATE: 03/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: The Netherlands Chamber of Commerce in the United States -- Rick Van Drie

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Rick van Drie Junior International Trade Advisor The Netherlands Chamber of Commerce in the United States 303 E. Wacker, Suite 412 Chicago, IL 60601

This responds to your letter to Mr. Kratzke of my staff, asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of interior materials (49 CFR S571.302). Specifically, you wish to know whether car mats and car seat covers sold not to car manufacturers, but to retailers and wholesalers must comply with the performance requirements of Standard No. 302. The mats and seat covers are required to comply with those requirements only if they will be installed by a manufacturer, dealer, distributor, or repair shop. However, there are possible product liability consequences whioc could result if the mats and seat covers do not meet the flammability requirements and burn in a vehicle under circumstances where complying mats and seat covers would not have burned.

Section S4.1 of Standard No. 302 specifies the components of a vehicle which must meet the flammability requirements of section S4.3. Included among the components listed in S4.1 are seat cushions, seat backs, head restraints, and floor coverings. These components would cover items like seat covers and floor mats. Hence, any seat covers or mats installed as original equipment in new vehicles would have to comply with the flammability requirements of Standard No. 302. However, section S3 of the standard specifies that the standard applies to new vehicles and not to individual components. The effect of section S3 is that the flammability requirements of Standard No. 302 are not directly applicable to the individual components like seat covers and floor mats that are sold as items of aftermarket equipment.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter "the Act:; 15 U.S.C. 1397(a)(2)(A)) provides: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative... any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard,..." This agency would interpret the installation of seat covers and car mats which do not meet the requirements of Standard No. 302 in a vehicle as rendering inoperative an element of design (flammability resistance) installed in a motor vehicle in compliance with an applicable Federal safety standard (Standard No. 302), and therefore that installation would violate section 108(a)(2)(A) of the Act. Section 109 of the Act specifies a potential civil penalty of $1000 for each violation of section 108.

While this language precludes manufacturers, dealers, distributors, and repair shops from installing seat covers or floor mats which do not comply with the flammability requirements of Standard No. 302 in a motor vehicle, it does not prohibit consumers from installing such items in their vehicles. Hence, if the manufacturer of noncomplying seat covers and floor mats intends that they only be installed by purchasers, no violation of Federal law or regulation would be involved.

However, if the seat covers or floor mats were to catch fire in a situation where a seat cover or floor mat complying with Standard No. 302 would not have caught fire, there would be possible liability consequences under State and common law. You may wish to consult a private attorney for further advice in this regard.

Should you have any further questions or need further information in this area, please feel free to contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

Ref. RvD/jh/94 January 20, 1984

Mr. Steve Kratzke Office of Chief Council National Highway Safety Administration 4007th Street S.W. Room 5219 Washington, DC 20590

Dear Mr. Kratzke:

In reference to our telephone conversation of January 20 concerning car mats and car seatcovers, we hereby ask for your opinion regarding regulations, especially Federal Motor Vehicle Standard No. 302, on these products.

If these products are not sold to the car manufacturers but to retailers and wholesalers, so to the aftermarket, has the manufacturer in those cases still to comply with these regulations?

Awaiting an early reply on this matter, I remain,

Sincerely yours,

Rick van Drie Junior International Trade Advisor

ID: 86-4.11

TYPE: INTERPRETATION-NHTSA

DATE: 07/11/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: CONNIE HAFENSTINE -- CHIEF, BUREAU OF PERSONNEL SERVICES; NOBLE MORRELL -- ASSISTANT PERSONNEL DIRECTOR KANSAS DEPARTMENT OF TRANSPORTATION

TITLE: NONE

TEXT: Dear Ms. Hafenstine and Mr. Norrell:

This responds to your February 19, 1986, letter to the National Highway Traffic Safety Administration (NHTSA) concerning a school district's modification of its 1985 school bus to accommodate a handicapped student. You asked for our opinion on the district's plan to remove the bench seat located directly behind the driver's seat. This modification is proposed in order to provide necessary leg room for a handicapped child who would occupy the bench seat rearwards of the removed seat.

While you explained that the work on the school bus would probably be performed by the school district itself, you requested us to clarify our requirements for commercial parties modifying used vehicles. The National Traffic and Motor Vehicle Safety Act, which authorizes NHTSA to issue safety standards applicable to the manufacture and sale of new motor vehicles, includes section 108(a)(2)(A) regulating the modification of safety systems on used motor vehicles. Section 108(a)(2)(A) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative any device or element of design installed in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that Federal law would prohibit a commercial business from degrading or removing the level of safety provided by the equipment or designs of your school bus.

You explained that your school bus was certified as meeting our "compartmentalization" requirements for school bus passenger protection. Compartmentalization provides occupant protection by seat spacing, padding and strength requirements. It is therefore likely that removing a school bus seat would render inoperative the vehicle's compliance with the requirements for compartmentalization since school bus seats are central to that system of occupant protection. As a result, a commercial business would violate @ 108(a)(2)(A) by removing the bench seat in

question if no properly padded restraining device were provided within the distance specified in Standard No. 222 for seat spacing. Violation of @ 108(a)(2)(A) is subject to a maximum civil penalty of $ 1,000 for each violation.

NHTSA is aware that situations may exist where a vehicle must be modified by a commercial facility to accommodate the special needs of a handicapped person. We have been willing to consider some of those modifications and resultant violations of @ 108(a)(2)(A) as being justified by public need, and have exercised our discretion not to take any enforcement action. Such an exception would be made in your situation if removing the school bus seat were necessary to accommodate a student's physical handicaps. However, we urge you to label the bench seat rearward of the removed seat in some manner that will identify it as appropriate only for transporting a handicapped student and distingush it from a regular school bus seat. Further, if the seat would be capable of being used by other school children, we strongly recommend that a mode of occupant protection be provided to all occupants of the seat, and that the level of protection is as safe as that originally provided by the school bus before the modification was made.

Section 108(a)(2)(A) applies only to commercial-type businesses which modify used vehicles. It does not apply to an owner, such as a state or a school district, modifying its own vehicles. Accordingly, Federal law would not prohibit the school district from removing the bench seat on its school bus nor restrict the removal in any manner. Again, however, we do strongly recommend that you ensure that the bench seat rearward of the removed seat is labeled and that an appropriate mode of occupant protection is provided to all children who would occupy it.

The modification of the bus would, of course, still have to comply with any applicable state laws. You should contact your attorney and insurance company to discuss the effect of state law on your modification as well as private liability issues, since your planned modification might affect the vehicle's compliance with safety standards.

I hope this information is helpful. If you have further questions, please contact my office.

Sincerely,

ID: 000180cmc

Mr. James W. Gilchrist
5200 NW Green Hills Road
Topeka, KS 66618-1707

Dear Mr. Gilchrist:

This responds to your letter of August 25, 2002, requesting a waiver allowing a drivers seat to be moved in order to accommodate your son.In your letter you state that because of your sons tremendous size,

" he does not fit in the drivers seat of any cars we can find. The drivers seat of the cars we have looked at need to be moved back several inches to gain the extra legroom he needs."

You further state that dealerships will not move the drivers seat back because they claim relocation of the seat "is prohibited by federal regulations." As explained below, federal regulations do not prevent qualified dealers or repair businesses from moving the drivers seat rearward.

I am pleased to have this opportunity to explain the applicable laws and regulations to you.The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30101 et seq.; Vehicle Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment.49 U.S.C. 30112(a) prohibits any person from manufacturing, introducing into commerce, selling, or importing motor vehicles or equipment unless the vehicle or equipment item is in conformity with all applicable safety standards.

The Vehicle Safety Act also prohibits manufacturers, distributors, dealers, or motor vehicle repair businesses from knowingly making inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment that is in compliance with any applicable Federal motor vehicle safety standard (FMVSS) (49 U.S.C. 30122).NHTSA may, through regulation, exempt a person or business from the prohibition if it decides that an exemption is consistent with motor vehicle safety and the Vehicle Safety Act.Several such exemptions have been promulgated in 49 CFR Part 595, but only portions of some FMVSSs are covered.

Two standards are directly relevant to moving a drivers seat: FMVSS No. 207, Seating systems, and FMVSS No. 210, Seat belt assembly anchorages.FMVSS No. 208, Occupant crash protection, may also be relevant if the sensor for the airbag is located under the drivers seat. Under Part 595, there is no exemption available from FMVSSs No. 207 and 210 in order to move a drivers seat as in your situation.This is because it may be possible for a repair business to move a seat in a manner that preserves compliance with those standards.There is an available exemption for FMVSS No. 208 under part 595 if the modifier cannot move the seat without taking the vehicle out of compliance with that standard.This exemption is only available to a repair business that has registered with NHTSA that it intends to use the Part 595 make inoperative exemption in modifying vehicles.

As a practical matter, as long as the new holes drilled in the floor are of the same size as the original holes, the same bolts are used, and the floor is the same thickness (or compensation is made in that regard) the modifier can be confident that the vehicle still complies with FMVSS No. 207.If the upper anchorage for the shoulder belt must be moved after the seat is moved rearward, compliance with FMVSS No. 210 can be preserved by keeping the anchorage within the "acceptable range" shown in Figure 1 in the standard.We have included a copy of this figure along with the brochure, "Adapting Motor Vehicles for People with Disabilities," which explains this approach.This may be more problematic than preserving the FMVSS No. 207 compliance, depending on the vehicle chosen to be modified; therefore, you should consult the vehicle modifier before choosing the vehicle to modify.

We caution that the work should be done by a business that is experienced in making vehicle modifications and that has registered to use the make inoperative exemptions.The vehicle to be modified should be chosen after consulting with that modifier to ensure that there is enough room to move the seat the amount required and that the upper anchorage for the shoulder belt can be relocated if necessary.

I hope this information is helpful.If you have any other questions please contact Chris Calamita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:207
d.11/18/02

ID: nht88-2.60

TYPE: INTERPRETATION-NHTSA

DATE: 06/30/88 EST

FROM: ERIKA Z. JONES -- NHTSA CHIEF COUNSEL

TO: R. H. MADISON

TITLE: NONE

TEXT: This responds to your March 31, 1988, letter asking for our interpretation of Safety Standard No. 207, Seating Systems, as it applies to a seat installed in a multipurpose passenger vehicle and equipped with a safety belt. You attached a sketch of your seat and asked whether the safety belt assembly is considered to be attached to the seat. You asked this question in order to determine whether the seat would be subject to the specified forces of paragraph S4.2(c) of the standard. The answer is that N HTSA considers the assembly to be attached to the seat.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not grant approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the m anufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on our understanding of the facts provided in your letter. In this regard, I want to note that rendering an opinion in this case was complicated by the fact that your sketch does not show the seat structure and its interrelationship with the vehicle structure and belt anchorage.

In your letter, you refer to a vehicle having a "Belt Attachment Frame" made from steel members attached to the vehicle's structure. You said that,

"(r)esting on the Belt Attachment Frame is a plywood deck . . . The seat cushion rests on but is not otherwise attached to the deck. The seat belt attachments pass through the deck and are secured to the Belt Attachment Frame. Other portions of the s eat or its supporting structure might rest on and contact the Belt Attachment Frame and might extend to or beyond it. However, except for the deck, no part of the seat or its structural members would be attached to the Belt Attachment Frame." (Emphasis added.)

The answer to your question depends on whether the Belt Attachment Frame is considered part of the seat. Based on the information you provide, we

conclude that the Belt Attachment Frame is part of the seat itself. According to your letter, the deck for the seat cushion is attached to and supported by the Belt Attachment Frame; it appears that the Belt Attachment Frame is a necessary and functiona l part of the seat structure. Since we interpret the Belt Attachment Frame to be a part of the seat, and since the seat belt assembly loads will be transferred to the Frame in the event of a crash, we consider the seat belt assembly to be attached to th e seat, for purposes of testing the seat under S4.2(c) of Standard No. 207.

Please contact my office if you have further questions.

ID: 8758

Mr. James G. O'Neill
107 Newcastle Lane
Willingboro, NJ 08046

Dear Mr. O'Neill:

This responds to your letter asking about the Federal requirements that would apply to a plastic toy holder you wish to manufacture for child car seats. You indicate on a sketch provided with your letter that the toy holder would fit into a mounting bracket that is attached by screws to the car seat.

By way of background information, the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self- certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

Under the authority of the Safety Act, NHTSA issued Standard 213, Child Restraint Systems, which specifies requirements for new child seats used in motor vehicles and aircraft. A new child seat that is sold with your toy holder attached to must be certified by the seat manufacturer as meeting Standard 213. NHTSA would determine the compliance of the new child seat with Standard 213 by, among other things, testing it with a test dummy in a 30 mph dynamic test.

Based on the information in your letter, it appears that a new child seat with your toy holder might not meet Standard 213. S5.2.2.2 of the standard specifies, among other things, that each child seat must not have any fixed or movable surface (other than restraining devices) in front of the test dummy restrained in the child seat. This requirement is to prevent items that could injure a child in a crash from being installed where they could be impacted by a child. While your sketch is unclear, it appears that the toy holder could be located in front of the dummy. If so, the toy holder could be impacted by a child in a crash.

Also, a new child seat with the toy holder attached to it might not comply with S5.2.4 of Standard 213. S5.2.4 requires any rigid part of the child seat that can be contacted by the head or torso of the dummy in the dynamic test to have a height of not more than 3/8 inch above any adjacent surface, and have no exposed edge with a radius of less than 1/4 inch. A restrained dummy could impact a toy holder attached to the side of the child seat if the dummy twisted during the dynamic test.

If your product will be sold to consumers as an aftermarket item, Standard 213 does not apply to it, since the standard only applies to new child seats and not to accessory items. There is no Federal motor vehicle safety standard that applies to the toy holder.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicles and motor vehicle equipment are subject to the defect provisions of the Safety Act. In the event that you or NHTSA determines that your toy holder contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. If data indicated that a child seat accessory exposed occupants to an unreasonable risk of injury, such as a toy holder installed where it was impacted by children, the agency might conduct a defect investigation which could lead to a safety recall.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It appears unlikely that your product would be attached to a child seat by persons in the aforementioned categories. However, if such a person were to attach the toy holder, he or she could violate 108(a)(2)(A) if the child seat's compliance with S5.2.2.2 and S5.2.4 were compromised. Section 109 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of 108.

The "render inoperative" prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, child seat owners could attach the toy holder without having to meet Standard 213. We reiterate, however, that in the interest of safety, a plastic toy holder should not be installed where a child could impact it in a crash.

I hope this information is helpful. I have enclosed an information sheet that provides additional information for new manufacturers of motor vehicles and motor vehicle equipment. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:213 d:8/5/93

ID: nht93-5.49

TYPE: Interpretation-NHTSA

DATE: August 5, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA; Signature by Kenneth N. Weinstein

TO: James G. O'Neill

TITLE: None

ATTACHMT: Attached to letter dated 6/4/93 from James G. O'Neill to D. Fujida (Fujita) (OCC 8758)

TEXT:

This responds to your letter asking about the Federal requirements that would apply to a plastic toy holder you wish to manufacture for child car seats. You indicate on a sketch provided with your letter that the toy holder would fit into a mounting bracket that is attached by screws to the car seat.

By way of background information, the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

Under the authority of the Safety Act, NHTSA issued Standard 213, Child Restraint Systems, which specifies requirements for new child seats used in motor vehicles and aircraft. A new child seat that is sold with your toy holder attached to must be certified by the seat manufacturer as meeting Standard 213. NHTSA would determine the compliance of the new child seat with Standard 213 by, among other things, testing it with a test dummy in a 30 mph dynamic test.

Based on the information in your letter, it appears that a new child seat with your toy holder might not meet Standard 213. S5.2.2.2 of the standard specifies, among other things, that each child seat must not have any fixed or movable surface (other than restraining devices) in front of the test dummy restrained in the child seat. This requirement is to prevent items that could injure a child in a crash from being installed where they could be impacted by a child. While your sketch is unclear, it appears that the toy holder could be located in front of the dummy. If so, the toy holder could be impacted by a child in a crash.

Also, a new child seat with the toy holder attached to it might not comply with S5.2.4 of Standard 213. S5.2.4 requires any rigid part of the child seat that can be contacted by the head or torso of the dummy in the dynamic test to have a height of not more than 3/8 inch above any adjacent surface, and have no exposed edge with a radius of less than 1/4 inch. A restrained dummy could impact a toy holder attached to the side of the child seat if the dummy twisted during the dynamic test.

If your product will be sold to consumers as an aftermarket item, Standard 213 does not apply to it, since the standard only applies to new child seats and not to accessory items. There is no Federal motor vehicle safety standard that applies to the toy holder.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. Manufacturers of motor vehicles and motor vehicle equipment are subject to the defect provisions of the Safety Act. In the event that you or NHTSA determines that your toy holder contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. If data indicated that a child seat accessory exposed occupants to an unreasonable risk of injury, such as a toy holder installed where it was impacted by children, the agency might conduct a defect investigation which could lead to a safety recall.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It appears unlikely that your product would be attached to a child seat by persons in the aforementioned categories. However, if such a person were to attach the toy holder, he or she could violate S108 (a)(2)(A) if the child seat's compliance with S5.2.2.2 and S5.2.4 were compromised. Section 109 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of S108.

The "render inoperative" prohibition of S108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, child seat owners could attach the toy holder without having to meet Standard 213. We reiterate, however, that in the interest of safety, a plastic toy holder should not be installed where a child could impact it in a crash.

I hope this information is helpful. I have enclosed an information sheet that provides additional information for new manufacturers of motor vehicles and motor vehicle equipment. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

ID: aiam3186

Dear Mr. Sidner:#This is in response to your request for a interpretation of Federal Motor Vehicle Safety Standard No. 101-80, *Controls and Displays*. In a telephone conversation with Ms. Debra Weiner of my office, you asked whether section S5.2.2 of the standard would apply to the windshield wiper controls which Grumman Flxible intends to install in its transit buses. As I understand your description, there are to be separate controls for the left and right windshield wipers and each control will allow for operation of the wiper over a continuous range of speeds.#The answer to your question is no. Section S5.2.2 of Standard 101-80 provides that:#>>>Identification shall be provided for each function of any automatic vehicle speed system control and any heating and air conditioning system control, and for the extreme positions of *any such control* that regulates a function over a quantitative range. (emphasis added).<<<#The function identification requirements are not applicable since their applicability is expressly limited to speed controls and to heating and air conditioning controls. The applicability of the extreme position identification requirements is similarly limited since 'such controls' refers back to those controls already identified in S5.2.2.#Sincerely, Frank Berndt, Chief Counsel;

ID: aiam0050

Dear Mr. Green: Thank you for your letter of February 19, 1968, to Secretary Boyd concerning the location of rear identification lamps on boat trailers.; Standard No. 108 permits rear identification lamps to be mounted a optional heights. Therefore, lamps mounted on extension brackets or add-on crossmembers would be permissible. We would also point out that rear identification lamps are required only on those trailers that are 80 or more inches in overall width.; Thank you for writing. Sincerely, Roger H. Compton, Director, Office of Standards on Acciden Avoidance, Motor Vehicle Safety Performance Service;

ID: 1982-1.20

TYPE: INTERPRETATION-NHTSA

DATE: 03/02/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Indiana Mills & Manufacturing, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

MAR 2 1982

NOA-30

Mr. William E. Lawler Specifications Manager Indiana Mills & Manufacturing, Inc. 120 West Main Street Carmel, Indiana 46032

Dear Mr. Lawler:

This responds to your recent letter requesting an interpretation concerning paragraph S4.3(c)(1) of Safety Standard No. 209, Seat Belt Assemblies. You ask for clarification of the cases in which a 5,000-pound attachment bolt may be used in lieu of a 9,000-pound bolt.

Paragraph S4.3(c)(1) of Standard No. 209 specifies that attachment bolts used to secure the pelvic restraint of a seat belt assembly to a motor vehicle shall withstand a force of 9,000 pounds, except that "attachment bolts of a seat belt assembly designed for installation in specific models of motor vehicles in which the ends of two or more seat belt assemblies cannot be attached to the vehicle by a single bolt shall have a breaking strength of not less than 5,000 pounds." The intent of the requirement in S4.3(c)(1) is to assure that inadequate attachment bolts will not be used to attach seat belt assemblies to a vehicle. A 5,000-pound bolt may be used only if the belt assembly is designed for use in specific models of vehicles in which only one end of a belt assembly can be attached by a single bolt.

In answer to your question, the agency does not "have in mind" certain brands or models of vehicles which would qualify under this exception, and the exception is not limited to single-seat vehicles. Further, the requirement does not mean that a seat belt assembly that can be used in more than one application must be installed with a 9,000-pound bolt. If a particular assembly is designed for use in several different models in all of which only one end of the belt assembly can be attached by a single bolt, then a 5,000-pound bolt is sufficient. The distinction is that an aftermarket belt for universal application must be accompanied with a 9,000-pound bolt, because in some vehicle models it would be possible to mount two ends of seat belt assemblies with a single bolt.

You should note that paragraph S4.1(k) of Standard No. 209 requires the manufacturer of seat belt assemblies for aftermarket use to furnish an instruction sheet stating whether the assembly is for universal installation or for installation only in specifically stated motor vehicles. If you - provide 5,000-pound bolts for any of your assemblies, the instruction sheet required by S4.1(k) should specify that the assemblies are to be used only in the vehicle models you list.

I hope this has answered all your questions.

Sincerely,

Frank Berndt Chief Counsel

January 26, 1982

Mr. Frank Berndt, Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street S.W., Room 5219 Washington, D.C. 20590

Dear Sir:

Paragraph S4.3(c)(1) of Standard No. 209 (49 CFR 571.209) requires a 9,000 lb. breaking strength attachment bolt "...except that..." 5,000 lb. breaking strength attachment bolts may be used under certain conditions.

We are uncertain about the intent of two phrases in Paragraph S4.3(c)(1):

1. "...designed for installation in specific models of motor vehicles...", and

2. "...ends of two or more seat belt assemblies cannot be attached to the vehicle by a single bolt...."

With regard to the first phrase, does the National Highway Traffic Safety Administration have in mind certain brands, models, or types of vehicles? Does the phrase mean that a given seat belt assembly must be designed for a given application in order to attach it (in that application) by 5,000 lb. breaking strength bolts? Conversely, does the phrase mean that a seat belt assembly that may be used in more than one application must be installed using 9,000 lb. breaking strength bolts?

Phrase two raises questions, also. Does it mean that the 5,000 lb. breaking strength bolt may be used only with single seat vehicles? If a vehicle has more than one seat, must the seats be situated so that it is physically impossible to mount (for example) the right end of the left seat belt assembly and the left end of the right seat belt assembly to the same bolt? If the attachment hardware is designed to accomodate one and only one attachment bracket on a single attachment bolt, may a 5,000 lb. breaking strength bolt be used?

We would appreciate receiving from you an official written explanation of the intent of S4.3(c)(1) of Standard No. 209.

Thank you for your assistance.

Yours very truly,

William E. Lawler Specifications Manager

WEL:ld

ID: 07-005877 sheath