QUESTION PRESENTED

The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. § 1381 (“Safety Act”), directs the Secretary of Transportation to “establish by order motor vehicle safety standards.” Federal Motor Vehicle Safety Standard (“FMVSS”) 208, 49 C.F.R. § 571.208 (1987), regulates occupant crash protection, including seatbelt requirements. From 1967 through the time period at issue in this case, FMVSS 208 gave automobile manufacturers the option of installing a lap-only or lap/shoulder belt in the rear inboard seating positions of vehicles. In 1984, the National Highway Traffic Safety Administration (“NHTSA”) specifically rejected a proposal that FMVSS 208 be amended to require lap/shoulder belts in all rear seats, and in 1989 the agency reaffirmed that decision as to rear center/aisle seats. NHTSA’s decision to give manufacturers the freedom to choose either a laponly or lap/shoulder seatbelt in rear center/aisle seats was the product of a deliberate policy judgment intended to further the objectives of the Act, including safety, technical feasibility, cost, and public acceptance.

The question presented is whether the Safety Act or FMVSS 208 pre-empts State tort claims that an automobile manufactured in 1993 was defectively designed because it contained a lap belt—rather than a lap/shoulder belt—in a rear center/aisle seat.

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