Interpretation ID: nht88-3.67

TYPE: INTERPRETATION-NHTSA

DATE: 10/13/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: PAUL UTANS -- VICE PRESIDENT, GOVERNMENTAL AFFAIRS SUBARU OF AMERICA

TITLE: NONE

ATTACHMT: LETTER DATED 08/11/88 TO ERIKA Z. JONES FROM PAUL UTANS, OCC - 2405; LETTER DATED 12/01/86 TO FRANCOIS LOUIS FROM ERIKA Z. JONES, STANDARD 208; LETTER DATED 08/18/78 TO D. BLACK FROM JOSEPH J LEVIN, STANDARD 210, RE NOA 30

TEXT: Dear Mr. Utans:

This responds to your request for an interpretation of Standard No. 210, Seat Belt Assembly Anchorages (49 CFR S571.210). Specifically, you stated that Subaru would like to offer lap/shoulder belts at the rear outboard seating positions on mid-1989 mode l year station wagons sold in the United States. Standard No. 210 requires these station wagons to be equipped with an anchorage for the upper end of the upper torso portion of a lap/shoulder belt assembly at each forward-facing outboard seating position (S4.1.1) and requires such anchorages to be located within a specified range (S4.3.2). You stated that the station wagons would have a complying anchorage located in the specified area.

However, the upper torso portion of the lap/shoulder belt assemblies would not be attached to the required anchorages in the vehicles. Instead, Subaru would provide another anchorage outside of the range specified in Standard No. 210, and the upper tors o portion of the rear seat lap/shoulder belt assemblies would be attached to these additional anchorages. You stated your belief that, since Standard No. 208, Occupant Crash Protection (49 CFR S571.208) does not require manufacturers to install lap/shou lder belts in rear seating positions of passenger cars, Subaru's voluntary installation of rear seat lap/shoulder belts and additional anchorages for those belts is not subject to any of this agency's regulations, provided that the voluntarily installed items do not impair the functioning of any devices or elements of design required to be installed in the vehicles. Your belief is correct.

The anchorage location requirements in Standard No. 210 apply to all anchorages required by the safety standards, except for those anchorages explicitly exempted by S4.3 of Standard No. 210 (anchorages for automatic and dynamically tested manual belt ass emblies that meet the frontal crash protection requirements of S5.1 of Standard No. 208). The question then becomes whether the voluntarily provided rear seat shoulder belts must be attached in these vehicles to the anchorage that is required by the

safety standards. As discussed below, we conclude that a voluntarily provided lap/shoulder belt may be attached to an anchorage located outside the area specified by Standard No. 210.

S3 of Standard No. 210 defines a "seat belt anchorage" as "the provision for transferring seat belt assembly loads to the vehicle structure." S4.1.1 of Standard No. 210 requires shoulder belt anchorages to be installed for each forward-facing rear outboa rd seating position in passenger cars. This requirement has been interpreted as meaning that an anchorage point capable of transferring shoulder belt loads to the vehicle structure had to be provided for such seating positions, and that required anchora ge point had to comply with the applicable requirements of Standard No. 210.

According to your letter, your station wagons would be equipped with an anchorage point capable of transferring shoulder belt loads to the vehicle structure, and that point would comply with the anchorage strength and location requirements set forth in S tandard No. 210. Thus, Subaru could satisfy all the requirements of the safety standards by installing lap belts only at the rear outboard seating positions in these cars. Subaru's decision to install lap/shoulder belts at these seating positions and a n additional anchorage point for the shoulder belts is a voluntary choice, not a response to any regulatory requirement.

NHTSA has long said that systems or components installed in addition to required safety systems are not required to comply with Federal safety standards, provided that the additional systems or components do not destroy the ability of the required safety systems to comply with the safety standards. In a December 1, 1986 letter to Mr. Francois Louis (copy enclosed), I said that manufacturers are permitted to locate the anchorage for voluntarily-installed lap belts outside of the area specified in Standa rd No. 210 for lap belts required to be installed by Standard No. 208, provided that the voluntarily installed lap belts do not destroy the ability of the required belt systems to comply with the requirements of the safety standards. The same reasoning would apply in this situation. That is, manufacturers are permitted to locate the anchorage for the upper end of voluntarily installed shoulder belts outside of the area specified in S4.3.2 of Standard No. 210, provided that the voluntarily installed an chorages and shoulder belts do not destroy the ability of the required anchorages and lap belts to comply with the requirements of the safety standards. There is no reason to believe that shoulder belts and the additional anchorages would in any way imp air the ability of required equipment to comply with the requirements of the safety standards.

You are already aware of the fact that NHTSA has initiated a rulemaking to require rear seat lap/shoulder belts; 52 FR 22818, June 16, 1987. You should note that if the agency adopts a final rule requiring rear seat lap/shoulder belts in passenger cars, this interpretation would no longer apply, because it relies on the voluntary nature of the installation.

ENCLOSURE

Sincerely,