Interpretation ID: 1983-1.18

TYPE: INTERPRETATION-NHTSA

DATE: 02/15/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mazda (North America) Inc. -- H. Nakaya

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. H. Nakaya Mazda (North America), Inc. 23777 Greenfield Road, Suite 462 Southfield, Michigan 48075

Dear Mr. Nakaya:

This responds to your letter asking about the definition of occupant compartment air spaces for purposes of determining the application of Standard No. 302, Flammability of Interior Materials. You asked whether the cargo areas of two cars must comply with the standard if these areas always or sometimes open into the occupant compartment.

The term "occupant compartment air space" is defined in the standard as "the space within the occupant compartment that normally contains refreshable air." In previous interpretations regarding the applicability of the standard to a particular area of a vehicle, the question has turned upon whether people can and do ride in the area in question. In letters regarding vans, the agency has taken the position that the area was not typically occupied by passengers. However, the agency came to a different conclusion regarding the space behind the rear seat in station wagons. Since passengers can and do ride in that area, the agency concluded that it was part of the occupant compartment. For this interpretation, see the last page of the enclosed letter.

The Case I car in your letter presents a situation seemingly similar to that of station wagons. The Case I appears to be a liftback cart with a cargo carrying area behind the rear seat. If passengers can ride in the area behind the rear seat, then that would be part of the occupant compartment and would be subject to the standard. As to the Case II car, which appears to be a sedan with internal access to the trunk by means of the folding backs of the rear seats, the agency does not regard the trunk area as part of the occupant compartment. It does not appear from your diagram that people would ride in that area.

Sincerely,

Frank Berndt Chief Counsel

Enclosure