Interpretation ID: Std. No. 202(a)

Kenneth N. Weinstein, Esq.

Mayer Brown LLP

1999 K Street, NW

Washington, DC  20006-1101

Dear Mr. Weinstein:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 202a, Head Restraints.  You asked about how vehicles are tested to the rear seat dimensional and static performance requirements of S4.2 in situations where, as a result of limited rear seat legroom, the front seat structure interferes with the positioning of the legs of the Society of Automotive Engineers (SAE) J826 manikin even when the front seat is in its full-forward position.  As discussed below, and consistent with your expressed understanding, the front seat would be removed in such a situation to permit proper positioning of the SAE J826 manikin.

As you note in your letter, S5.2 of FMVSS No. 202a states that, as part of the dimensional and static performance procedures, the SAE J826 (July 1995) manikin is positioned according to the seating procedure found in SAE J826 (July 1995).  Section 6 of SAE J826 (July 1995), titled Second Seat Installation Procedure for Short-Coupled Vehicles, cites special procedures for situations where the leg interferes with the front seat back when the front seat is in the rearmost normal driving and riding position.  These procedures are set forth in Appendix A, which provides two alternative methods.  One of the methods includes the language Move the front seat forward out of the way.  The other includes the language Move the front seat forward as indicated on the seating arrangement drawing; or the amount required to clear the foot and leg assembly and, later in the procedure, if there is interference from the front seat back to the knee and/or leg clearance, the language:  move the front seat forward as much as may be necessary (one seat adjuster position at a time) repositioning the feet under the front seat cushion frame.

You state that although neither of the methods in Appendix A explicitly authorizes the removal of the front seat, it appears that such removal is implicitly authorized by Method A, which states:  move the front seat forward out of the way.  You also argue that if the standard were interpreted so as to not permit the removal of the front seat, there are vehicles whose rear seats could not be tested for compliance with S4.2, since the manikin could not be properly positioned in the rear seat.

After considering the language of S5.2 and SAE J826 (1995), and also the purposes of the rear seat dimensional and static performance requirements, it is our opinion that in a situation where, as a result of limited rear seat legroom, the front seat structure interferes with the positioning of the legs of the SAE J826 manikin even when the front seat is in its full-forward position, the front seat is removed for purposes of testing to those requirements.  The basic approach of the relevant seating procedure in SAE J826 (July 1995) is to move the front seat to avoid interfering with the positioning of the manikin in the rear seat.  The removal of the front seat in the situation described above is a continuation of that approach to avoid such interference, and thereby permits proper positioning of the SAE J826 manikin.  We note that since this interpretation reflects consideration of the specific language and purposes of the relevant portions of FMVSS No. 202a, it should not be read as necessarily applying in other contexts.

I hope this information is helpful.  If you have further questions, please contact Edward Glancy of my staff at (202) 366-2992.

                                                                        Sincerely,

                                                                        O. Kevin Vincent

                                                                        Chief Counsel

Ref: Standard No. 202(a)

Dated: 5/18/2012