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NHTSA Final Rule that amends Title 49, Part 571, FMVSS 208 "Occupant Crash Protection".

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Jan 2005

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On December 8, 2004 NHTSA issued a Final Rule that amends Title 49, Part 571, FMVSS 208 "Occupant Crash Protection". This Final Rule will now require that all designated seating positions in rear seats, other than side-facing seats, be equipped with Type 2 integral lap/shoulder safety belts. Side-facing seats may be equipped with either a Type 1 lap belt or a Type 2 belt. This final rule responds to a Congressional mandate that required the agency begin to phase-in requirements for lap/shoulder belts for all rear seating positions, wherever practicable, not later than September 1, 2005.

NHTSA says that this rulemaking seeks to both increase the use of belt-positioning booster seats and to improve the safety of all occupants in the inboard rear seating position, regardless of whether the occupant is seated in a booster seat. NHTSA believes that this rule will provide occupants seated in the rear inboard seat position with the same level of safety belt protection as the occupants of other seating positions. The Agency has decided against requiring Type 2 belts for front inboard seats because NHTSA states that the cost associated with such a requirement cannot be justified by the exceptionally low likelihood of center front seat occupancy.

This rulemaking action applies to all motor vehicles with a GVWR of 4,536 kg (10,000 lb) or less. This rule does not apply to side-facing rear seats, however it does apply to both forward-facing and rear-facing seats. Manufacturers are allowed to phase in these requirements into their fleets by installing these belts in 50% of their production after September 1 2005, 80% after September 1, 2006, and 100% after September 1, 2007.

As the requirements of FMVSS 208 have implications to many other Parts of Title 49, the following Parts are also being revised by this Final Rule (Parts 585, 586, 589, 590, 596,and 597).

Dave Houston