Interpretation ID: jack

Paul Jackson Rice, Esquire
Arent Fox
1050 Connecticut Avenue, NW
Washington, DC 20036-5339

Dear Mr. Rice:

This responds to your letter of August 30, 1995, concerning a June 6, 1995 letter from this office to C. Rufus Pennington, III. You asked us to confirm that the agency did not take a position as to whether there are "designated seating positions" in the rear of the 1979 911 SC Porsche.

You are correct. As the letter clearly states, "NHTSA cannot make a determination as to whether a vehicle complied with applicable safety standards outside a compliance proceeding."

I hope this information has been helpful.

Sincerely,

John Womack Acting Chief Counsel

ref:208 d:8/30/95