Michael Love, Manager, Compliance
Porsche Cars North America, Inc.
100 West Liberty Street
P.O. Box 30911
Reno, Nevada 89520-3911

Dear Mr. Love:

On April 25, 1996, I issued an interpretation to Porsche Cars North America, Inc. (Porsche), concerning the readiness indicator requirement in S4.5.2 of Standard No. 208, Occupant Crash Protection. In that letter, I interpreted that National Highway Traffic Safety Administration (NHTSA) standard to mean that a readiness indicator was not required for either voluntarily-installed inflatable restraints (air bags), i.e., those installed in addition to required safety systems, or for air bags installed for compliance with a standard other than Standard No. 208. The interpretation also stated:

[I]f you voluntarily provide a readiness indicator, and decide to combine it with the required readiness indicator, the information provided by the former must not confuse or obscure the information provided by the latter about the required air bag. The indicator must distinguish between the different air bag systems, such as by having dissimilar signals for the different systems.

We have received substantial feedback from you and other motor vehicle manufacturers disagreeing with the conclusion prohibiting a combined indicator that gives nondistinguishing messages. We also received a written request from the Association of International Automobile Manufacturers (AIAM), dated June 25, 1996, asking that we reconsider the interpretation.

Upon reconsideration, this letter replaces and supersedes my interpretation of April 25, 1996 to Porsche. In addition, as part of the reconsideration process, we have reconsidered that portion of a November 27, 1991 interpretation which concludes that an indicator for pretensioners may not be combined with the S4.5.2 indicator unless a distinguishable message is provided. That portion of the November 27, 1991 interpretation is also superseded by this letter.

Porsche asked whether the S4.5.2 indicator requirement applies (1) to a voluntarily-installed inflatable restraint (not needed to comply with Standard No. 208), or (2) to an inflatable restraint installed to meet the requirements of another standard (such as Standard No. 214, Side Impact Protection). You stated that Porsche believed that in both of these situations the manufacturer could install:



As explained below, we agree. Moreover, we also conclude that a voluntarily-provided indicator for pretensioners may be combined with the required Standard No. 208 indicator without providing a distinguishable message.

S4.5.2 of Standard No. 208 states:

An occupant protection system that deploys in the event of a crash shall have a monitoring system with a readiness indicator. The indicator shall monitor its own readiness and shall be clearly visible from the driver's designated seating position.

We believe that this provision, in the overall context of Standard No. 208, could be interpreted in more than one way. In particular, the requirement could be interpreted as applying to all occupant protection systems that deploy in the event of a crash, or just to those provided to comply with Standard No. 208.

On the one hand, one might conclude that an indicator is required for all air bags because the language of S4.5.2 does not limit its application to systems provided to comply with Standard No. 208, and because Standard No. 208 has historically addressed occupant protection broadly, i.e., its requirements are not limited to frontal protection.

Conversely, one could reach the opposite result, i.e., that an indicator is required only for air bags used to comply with Standard No. 208, because the standard's dynamic test requirements have, over time and as a practical matter, become limited to frontal protection. After all, an indicator's purpose is to ensure that an air bag or other crash deployed system will provide benefits for the life of the vehicle by warning the driver when repairs are needed. So it would be logical to conclude from the overall context of Standard No. 208 that the indicator requirements are there to ensure that the air bags provided to comply with the standard will provide benefits for the life of the vehicle. Viewed from that context, the indicator requirements do not address air bags installed for other purposes.

Under the first interpretation, i.e. that an indicator is required for all air bags, a single indicator could clearly be used for all air bags, without providing distinguishing messages, because nothing in Standard No. 208 suggests that separate indicators or messages are required.

The second interpretation, i.e. that an indicator is required only for air bags used to comply with Standard No. 208 raises the issue whether a single indicator without distinguishing messages could be used for required and non-required air bags. As suggested in my April 25 letter, it is arguable that the requirement in S4.5.2 would not be satisfied by an indicator providing non-distinguishable messages which may relate either to air bags required by Standard No. 208 or to other systems.

After considering the language of Standard No. 208 and its purposes, we conclude that it is appropriate to interpret Standard No. 208, S4.5.2, not to require an indicator for air bags other than those required to comply with that standard. While the agency is stopping short of interpreting the standard as requiring an indicator for such voluntarily-installed air bags, however, we nonetheless encourage such indicators. Consistent with that encouragement, and considering the ambiguity of S4.5.2, we believe it is appropriate to interpret the standard as permitting a single indicator, without distinguishing messages, for all air bags.

The reason for this conclusion is that the message of the readiness indicator is that a component of an air bag system (or other occupant protection system which deploys in the event of a crash) needs the attention of an automotive expert such as a dealer. Regardless of which system is causing the indicator to signal the existence of a malfunction, we believe that when vehicle owners see the indicator provide a warning, they will understand that there is a problem with an air bag (or other occupant protection system which deploys in the event of a crash) and will take the vehicle to a dealer or repair business. Since the dealer or repair business can inform the owner which system is malfunctioning, it does not matter that the indicator does not make that distinction. This result is, as noted above, consistent with the view that S4.5.2 applies to non-required air bags.

As indicated above, NHTSA has also reconsidered that portion of a November 27, 1991 interpretation which concludes that an indicator for pretensioners may not be combined with the S4.5.2 indicator unless a distinguishable message is provided. The rationale for that interpretation had some similarities to the April 25, 1996 interpretation to Porsche about air bags other than those used to comply with Standard No. 208. First, NHTSA concluded that S4.5.2 does not require an indicator for pretensioners. Second, the agency concluded that a voluntarily provided indicator for pretensioners may not be combined with the S4.5.2 indicator unless a distinguishable message is provided.

In concluding that S4.5.2 does not require an indicator for pretensioners, the agency considered whether pretensioners are "an occupant protection system that deploys in the event of a crash." The agency noted that even though pretensioners are designed to activate in the event of a crash, they will not "deploy" the belts if the belts have not been manually fastened. NHTSA stated that it does not view the pretensioners as "deploying" the belts but instead providing a final, albeit important, adjustment to belts which have already been deployed.

Just as there is some ambiguity with respect to whether S4.5.2 covers air bags other than those used to comply with Standard No. 208, there is ambiguity with respect to whether it covers pretensioners. The word "deploy" is defined in the dictionary and in common usage as "to arrange, place, or move strategically or appropriately." While it is certainly true that pretensioners will not "deploy" unfastened safety belts, pretensioners can be seen as "deploying" fastened safety belts in the event of a crash, i.e., moving them into position to provide better occupant protection.

NHTSA believes that this ambiguity should be resolved in the same manner as for air bags other than those used to comply with Standard No. 208. That is, the agency will not interpret the standard as requiring an indicator for pretensioners, but nonetheless encourages such indicators. As part of that encouragement, and given the ambiguity of S4.5.2, we interpret the standard as permitting a single indicator, without distinguishing messages, for all air bags and pretensioners.

I note that we are not interpreting S4.5.2 as permitting indicators for devices other than deploying occupant crash protection systems to be combined with the required indicator without distinguishing messages. I also note that, should the agency in the future receive information demonstrating that indicators for multiple air bag systems without distinguishing messages are creating confusion for drivers, we may revisit this subject in rulemaking. Finally, because this interpretation reflects consideration of the unique history of Standard No. 208, I caution against using it for precedent concerning how the agency might interpret other standards.

If you have any other questions or need some additional information, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin

Chief Counsel

Enclosure

cc: Mr. Philip A. Hutchinson, Jr.
President
Association of International Automobile Manufacturers, Inc.
1001 19th St. North
Suite 1200
Arlington, VA 22209

ref:208#214

d:7/30/96