Interpretation ID: nht79-4.5

DATE: 10/01/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Nissan Motor Co. Ltd.

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your recent letter requesting an interpretation concerning the proper "designated seating capacity" for three hypothetical seat designs. You ask whether each of the designs would be permitted to have only two "designated seating positions."

The amended definition of "designated seating position" provides, in part, that any bench or split-bench seat having greater than 50 inches of hip room shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating. Your three hypothetical designs are derived from a basic seat design having 52 inches of hip room (Figure 1 in your letter). This basic design would be required to have three designated seating positions since it has greater than 50 inches of hip room, unless the center position cannot be used because of some obstruction or other impediment. You ask whether the agency would consider the three hypothetical designs illustrated in your letter to adequately establish impediments to use of the center position.

Your "Figure 2" illustrates an unpadded depression at the center position of the bench seat. Since this center depression is unpadded, 3.1 inches deep and 6.7 inches wide, it is the agency's opinion that the center position lacks an essential attribute of a seating position and would not likely be used for seating (even though there might be some unorthodox use of the position from time to time). If a seat of this design is equipped with seat belt assemblies, location of assembly hardware in the center depression would further clarify that the area is not a seating position. It must be emphasized, however, that designs of this type would be required to have three designated seating positions if the depth and width of the depression is so minimal that a person could easily straddle the depression and use the center position. Also, stiffness of seat belt assembly hardware located in the center depression becomes a more determinative factor the more narrow the width of such a depression.

The seat design illustrated in "Figure 3" of your letter includes a "partition pipe" at the center of the seat cushion. Whether such a design would preclude the use of the center position would depend greatly on the physical dimensions and characteristics of the "pipe" that is used and whether it is removable. If the "pipe" were made of soft, pliable padding similar to the other portions of the seat, for example, the "pipe" might not be sufficient to discourage use of the center position. Since your letter provides no information on the nature of the "partition pipe" that is illustrated, the agency cannot offer an opinion concerning this design.

In "Figure 4," there is a padded "swelling" in the center seat position. Although the Figure specifies a height of 3.9 inches at the front of the "swelling," it appears that the "swelling" slants down toward the seat back so that it is only about one-half inch high where it joins the seat back. The illustration also does not describe whether the "swelling" is made of soft padding or of some rigid material. Without this information, the agency cannot offer an opinion concerning this design. I would point out, however, that if the "swelling" is made of soft, flexible padding, it would not likely discour age use of the center position. In fact, if as it appears the "swelling" slants down to the seat back to create a "saddle effect," young children might be encouraged to use this center position.

To summarize, it is the agency's opinion that "Figure 2" in your letter illustrates a seat design that could qualify as having two designated seating positions. Regarding Figures 3 and 4, your letter did not include sufficient information for the agency to provide an opinion. On the basis of the information that was provided, however, I would say that these two designs are very dubious and do not indicate an adequate attempt on the part of the manufacturer to clarify that the center position is not to be used. It does not behoove a manufacturer to attempt to come narrowly within the meaning of the amended definition of "designated seating position." It would be much wiser to make sure that there is no question that the center position is not to be used. In the design illustrated in your "Figure 4," for example, you could easily design the "swelling" to be 4 or more inches tall from front to rear and made of a rigid material, and there would be no question concerning your compliance.

Finally, I would emphasize that this letter only represents the agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.

SINCERELY,

NISSAN MOTOR CO., LTD. ENGINEERING OFFICE OF NORTH AMERICA

August 13, 1979

Frank Berndt Chief Counsel National Highway Traffic Safety Administration

Dear Mr. Berndt:

I would like to ask you for your interpretations concerning FMVSS "Designated Seating Position". Final Rule, issued on April 19, 1979 in the Federal Register.

At the NHTSA/Industry meeting in June, NHTSA said that if manufacturers have close questions as to whether or not there must be two or three designated seating positions in their particular configuration of the vehicle and seat, they may send NHTSA their letter concerning this matter. Therefore, we would like to as (Illegible Word) your interpretations as to whether there may be able to be only two designated seating positions in the seat configurations of our Questions (a), (b) and (c), which are derived from the basic seat (shown in Figure 1). Because we need to start designing our 1981 model seats, your prompt answers will be appreciated. Please treat our material as confidential.

Request withdrawn 8/31/79

Hisakazu Murakami Technical Representative Safety

ENC.

cc: HUGH OATES. RALPH HITCHCOCK; GUY HUNTER

Questions

Do you consider the following seat configurations (a) (b) and (c) to be two designated seating positions which are derived from the basic seat (as shown in Figure 1)?

Figure 1

Note: There is a hard board covered with vinyl-chloride leather on the bottom of the depression with a 3.1 inch depth at the center of the seat cushion.

(Graphics omitted)

Note: There is a partition pipe at the center of the seat cushion.

Figure 3

Note: At the center of the seat cushion, there is a 3.9 inch swelling.

Figure 4

(Graphics omitted)