ID: nht72-2.42

DATE: 04/13/72

FROM: AUTHOR UNAVAILABLE; C. A. Baker for E. T. Driver; NHTSA

TO: The Budd Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of March 10, 1972, in which you presented a series of questions concerning the meaning of several requirements of Federal Motor Vehicle Safety Standard No. 121, "Air Brake Systems." Our reply deals with the questions in the order you asked them.

1. Your first question concerns the meaning of the statement in section S5.4 that "a brake assembly that has undergone a road test pursuant to S5.3 need not conform to the requirements on this section." To paraphrase your question, the quoted language means that if a given brake assembly is subjected to the road test, the same brake assembly with the used lining need not conform to the dynamometer requirements. Conformity to the dynamometer requirements will be determined by testing an identical brake assembly with new linings. The petitions for deletion of dynamometer testing would have made the road test the only test. The standard requires both tests, even though two sets of identical brakes will be used, and our statement that the petitions were denied is therefore correct.

2. You point out that the measurement interval used in S5.4.1.1 for determining average torque, which begins when a specified pressure is reached, differs from the interval specified in S5.4 for measuring deceleration, which begins with the onset of deceleration. Although we agree that you may need different instrumentation for measuring average torque and average deceleration, we do not agree that their is any conflict since average torque and average deceleration are not required to be measured at the same time. We consider the present method of measuring torque and deceleration to be the correct methods.

3. The typographical error in section S5.4.1.1, which you have correctly edited to read "Repeat the procedure six times, increasing the brake chamber air pressure by 10 psi each time," has been corrected by a revision in the March 29, 1972, Federal Register.

4, 5, 6. The requirements of S5.4.2, S5.4.2.1 and S5.4.3 concerning average deceleration rates should not be understood to mean that a manufacturer, in his own testing, must test at exactly that rate. It is advisable for him to test in a manner that offers assurance that the brakes will pass when tested in the manner specified in the standard. Typically, where a test value such as 9 fpsps is specified, manufacturers tend to use more adverse values in their own testing. Under the former wording of these sections, the compliance agency could have tested brakes at decelerations higher than the specified minimum, and it would have been much more difficult for a manufacturer to ascertain his "worst case" situation.

The notice proposing to amend the weight conditions for truck-tractors should be issued within the next two months.

ID: nht71-5.40

DATE: 10/05/71

FROM: AUTHOR UNAVAILABLE; D. Schmeltzer for L. R. Schneider; NHTSA

TO: Aston Martin Lagonda Limited

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of September 8, 1971, in which you request clarification of Motor Vehicle Safety Standard No. 202, "Head Restraints". You state that you are of the opinion that "a head restraint system that can be retracted into the seat and thus made ineffective by virtue of being adjustable is in conflict with the prime object of the standard in reducing the frequency and severity of neck injuries in rear end or other collisons."

Standard No. 202 does not prohibit head restraints from being adjustable in an up-and-down direction, as long as the top of the restraint, at its fully extended design adjustment position, is at least 27.5 inches above the seating reference point (S4(b)(1)). While some of these adjustable head restraints may not be completely effective in cases where they are placed at their lowest adjustment position and used by tall drivers, we have determined that this design, as long as it meets the requirements of the standard, is a minimum performance level that meets the need for motor vehicle safety. Consequently, use of these types of restraints does not conflict with the standard.

The standard establishes only a minimum performance level, however, and the NHTSA endorces efforts by manufacturers to exceed the

2 requirements is establishes. Many manufacturers have installed head restraints in their vehicles that meet the standard's requirements yet do not present the disadvantages you describe.

We are pleased to be of assistance.

ASTON MARTIN LAGONDA LIMITED

September 8 1971

Douglas W. Toms, National Highway Traffic Safety Administrator, National Highway Traffic Administration,

As designers and manufacturers of the Aston Martin DBS V8 car, currently being marketed in U.S.A., we are concerned at what appears to be a very loose interpretation of Motor Vehicle Safety Standard No. 202, Head Restraints - Passenger Cars, Section 5.4(b), adopted by certain American automobile manufacturers.

Aston Martin Lagonda have been concerned for many years with primary and secondary safety aspects of the car, and we hold the view that a head restraint system that can be retracted into the seat and thus made ineffective by virtue of being adjustable, is in conflict with the prime object of the Standard in reducing the frequency and severity of neck injuries in rear end or other collisions.

We would appreciate clarification on this point, for our concern is to maintain the highest standard of interior safety as exemplified by our current production car.

H. Beach Director of Engineering

c.c. Mr. R. Layland, President, A.M.L. Inc. Mr. J. B. Walker, Vehicle Safety Engineer, A.M.L. Limited.

ID: nht72-4.28

DATE: 03/08/72

FROM: JOHN G. WOMACK FOR RICHARD B. DYSON -- NHTSA

TO: Volvo, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of February 23, 1972, in which you posed three questions concerning the test procedures of Standard 209.

Your first question concerns the passage in S5.2(j) which states that the retractor is subjected to an acceleration of 0.70 within a period of 50 milliseconds. . . . ' Your question is whether the measurement of withdrawal begins at the caset of acceleration or at the point at which an acceleration of 0.70 is achieved. Our answer is that the measurement begins at the onset of acceleration. The withdrawal that occurs within the 50 millisecond rise time will be included in determining whether the 1 inch limit has been exceeded.

Your second question concerns the sequence in which the retractor locking mechanism will be activated under S5.2(k). It is your understanding that the 10,000 locking cycles will be evenly distributed among the total 50,000 cycles. Because the standard is silent as to the sequence of testing, an even distribution is not the only test method that could be used. At the present time, the agency has one contractor who is testing in this manner and one who is testing with 40,000 cycles of extension and retraction followed by 10,000 lockup cycles. If it should prove that the latter method is more severe, however, due to the excessive wear on the same spot that you anticipated, we would (Illegible Word) to use that method and conduct our tests by evenly distributing the lockup cycles.

Your third question concerns the manner in which lockup is to be achieved during the cycling test for retractors that lock either by acceleration or by tilting. The intent of the cycling procedures is to duplicate the usage actually encountered by a retractor in a vehicle. If the retractor is sensitive to webbing withdrawal and to the acceleration of the vehicle, then the lockup mode that would be (Illegible Word) often stressed over the retractor's lifetime would be the webbing withdrawal mode and the 10,000 cycles would be cycles of lockup through webbing withdrawal. If the retractor is sensitive only to vehicle acceleration and to tilting,the most frequent cause of lockup would be vehicle acceleration and our tests will be conducted by accelerating the retractor. This is not to say that you are compiled to cycle year retractor by accelerating them. If the locking mechanism is the same for both modes (e.g. a pendulum), it may make little difference whether the retractors are accelerated or tilted. However, if our tests disclose a cycling failure, you will be obliged to show that your method was in fact equivalent to ours.

ID: nht73-5.35

DATE: 10/31/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Sheller-Globe Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of October 11, 1973, requesting that Motor Vehicle Safety Standard No. 217, "Bus Window Retention and Release," be amended to include buses of the same design as school buses within the exemption from the emergency exit requirements specified for "school buses" in S5.2.3 of the standard.

The NHTSA takes the position that buses of the same design as buses specifically designed as school buses, regardless of their intended use, are school buses for purposes of Standard No. 217. They are, therefore, exempt from the emergency exit requirements of the standard as specified in S5.2.3. No amendment of the standard is necessary.

SHELLER-GLOBE CORPORATION

October 11, 1973

Mr. Richard B. Dyson Assistant Chief Counsel U.S. Department of Transportation

Reference: Federal Motor Vehicle Safety Standard - 217 - Bus Window Retention & Release

Sheller-Globe Corporation Divisions in Lima, Ohio and Kosciusko, Mississippi, manufacturers of school bus bodies, respectfully petitions the Department of Transportation for a revision in the wording of reference standard, specifically Paragraph S5.2.3 - School Buses.

We petition that the wording in this paragraph be modified to read as follows:

"The emergency exit requirements do not apply to school buses or buses of like design, such as Activity Buses, adapted for use for other than transportation of children to and from school, but if such buses do contain any push-out windows or other emergency exits, these exits shall conform to Paragraphs S5.3 through S.5.5".

This petition is based on the fact that as body manufacturers do offer our base body design for other uses, i.e., Activity Buses for Church Organizations, YMCA Groups, Boy Scout Troops, Community Charity Organizations, etc. The Activity Buses as referred to are constructed of the same base design as what is termed a school bus. The Activity Buses may vary as to color and may be without specific school bus safety warning systems.

Presently the referenced standard, as worded, is a double standard in that it states the standard applies not to school buses but to those same buses if used for reasons other than the transportation of children to and from school. It is of our strong opinion that the standard should apply to neither school buses or buses of like design used by other organizations or that the standard should apply to all buses to include school buses.

We respectfully request your expeditious ruling on this petition. If additional information is required in support of this petition, please advise.

Respectfully,

George R. Semark Safety Engineer - Vehicles Planning & Development Center

ID: nht88-2.28

TYPE: INTERPRETATION-NHTSA

DATE: 05/18/88

FROM: HIROSHI KATO -- ASSISTANT VICE-PRESIDENT MMC SERVICES INC

TO: ERIKA JONES -- CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 09/21/88 TO HIROSHI KATO FROM ERIKA Z JONES, REDBOOK A32, STANDARD 201

TEXT: Dear Ms. Jones:

This letter serves to request an interpretation of the requirements of 49 CFR Part 571.201; Occupant Protection in Interior Impact for the "one-piece" instrument panels and console assemblies in the passenger vehicle interiors shown in the enclosures.

We request that these enclosures be treated confidentially under the provisions of 49 CFR Part 512; Confidential Business Information. An affidavit attesting to the confidentiality is also enclosed.

Section S3.1 of FMVSS 201 requires that the deceleration of the head foam impacted into the instrument panel within the head impact area must not exceed 80g continuously for 3 ms. The console assembly is exempted from this head impact areas as described in S3.1.1.

In your letter to Tsuyoshi Shimizu of our office dated October 27, 1986, you defined the instrument panel to be the vehicle structure below the windshield used to mount a vehicle's gauges. Gauge is described in 49 CFR 571.101; Definitions under S4. to m ean a display that is listed in S5.1 or in Table 2 and is not a telltale. Specifically, gauges are listed in S5.1 as the speedometer, turn signal, gear position, brake failure warning, fuel, engine coolant temperature, oil, high beam, and electrical cha rge. Table 2 adds the following gauges: malfunction in anti-lock or brake systems, odometer, and automatic gear position.

Based on this definitions, we determine the instrument panel to be areas where gauges are mounted which communicate critical vehicle functions to the driver. In contrast, the console assembly is where less essential functions are located, heater control panel, radio, ashtray, etc., which aid in occupant comfort.

Based on this judgment, we have delineated the separation of the instrument panel and console assembly on the enclosed diagrams just above the heater control panel (highlighted by a solid-slashed line). View Z on the same attachments shows the "setback" area which makes this boundary line clearer. While 49 CFR 571.103, Windshield Defrosting and Defogging Systems specifies performance criteria for the defroster and although we consider the defroster a necessary safety function, it is not a gauge and, th erefore, is not included as part of the instrument panel.

I ask for your confirmation of this interpretation and the acceptability of our indicated separation of the instrument panels and console assemblies on the enclosed diagrams. If you have any questions, please call me at (313) 353-5444.

Sincerely,

ENCLOSURES (6)

ID: 09-002613 BMW positioning the seat

ID: 2669rbm

Mr. Charlie Steffens
Director, Systems Engineering
TRW Automotive
Occupant Safety Systems
4505 W. 26 Mile Road
Washington, MI 48094

Dear Mr. Steffens:

This responds to your letter requesting an interpretation of the advanced air bag requirements of Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection (FMVSS No. 208). On May 12, 2000, the National Highway Traffic Safety Administration (NHTSA) published a final rule in the Federal Register (65 FR 30680) requiring advanced air bags in all passenger cars, multi-purpose vehicles, light trucks and buses with a gross vehicle weight rating (GVWR) of 8,500 lb or less. The phase-in for these new requirements begins September 1, 2003. That final rule established new, advanced air bag performance requirements to minimize the risk of injury to children, as well as new requirements to enhance protection of small and mid-size adults. The requirements in S19, S21, and S23 are designed to minimize the risk that air bags pose to infants and small children. S19 provides manufacturers with two different options for complying with the standard (low risk deployment or automatic suppression), while S21 and S23 provide three options (low risk deployment, automatic suppression, or dynamic automatic suppression). Your first question is related to the infant low risk deployment option while your three other questions are related to the interrelationship between the compliance options. I am pleased to provide a response.

You first request an interpretation of the requirement set forth in S19 and the test procedure provided in S20.4, relating to the low risk deployment option for infants. Specifically, you characterize the requirements of S20.4 as follows. "For S20.4.9, if the subject vehicle were equipped with any type of occupant sensing system that was
(1) able to recognize that the passenger seat was occupied by any infant restraint from Appendices A, B, or C of the regulation,
(2) secured into the positions and orientations described in sections S20.4.1 through S20.4.8, and a 49 CFR Part 572 subpart R 12-month-old CRABI dummy positioned according to S20.4 and
(3) the occupant sensing system and airbag control system were designed to control the output of the air bag system in a discrete manner, such as "low output", that the S20.4.9 testing would be conducted at the same discrete output determined by the occupant sensing system. Further, no additional tests to show compliance to S19, such as "high output" testing corresponding to that for a vehicle which does not have an occupant sensing system to meet S20.4.9 would be necessary."

The requirements for the infant low risk deployment option are found at S19.3, which states that "each vehicle shall meet the injury criteria specified in S19.4 of this standard when the passenger air bag is deployed in accordance with the procedures specified in S20.4." The low risk deployment option is designed to address injuries that can result when an infant is placed very close to the air bag. The risk of being directly above or adjacent to the air bag is particularly high for infants because child restraints, when placed in their rear-facing mode, will always place an infant's head close to the dashboard. A poorly installed forward-facing child seat also creates a risk, because the restraint can slide or flip forward during a crash.

S20.4 specifies several conditions for testing the deploying air bag. First, the manufacturer must assure compliance to S19.3 using any child restraint listed in subparts B and C of Appendix A to the standard. Restraints listed in subpart A (car beds) need not be tested because these restraints are not designed to be rear facing. For purposes of S19.3, the air bag is only tested with the child restraints in their rear-facing condition. This represents the worst case injury scenario. Under the specified test conditions, the vehicle seat is moved as far forward as possible, while avoiding contact with the vehicle interior. This is done to ensure that the dummy's head is placed as close to the deploying air bag as possible. The air bag is only tested with the child restraint in a belted condition.

The air bag is deployed at whatever level of force and combination of stages that would deploy in any rigid barrier crash up to 64 km/h (40 mph) when a child or test dummy is positioned in a restraint as specified in the test procedure, except that the vehicle seat may be at any seat track position. This level is determined by running an indicant test, as described in S20.4.9, at impact speeds up to 40 mph with a dummy-occupied restraint installed in the passenger seat. [1]

When NHTSA runs a compliance test on a vehicle certified to S19.3, it will only deploy the air bag at the level and, if equipped with a multi-stage inflator, with the combination of stages, that would deploy in the specified indicant test. Accordingly, vehicle manufacturers that certify to the low risk deployment option will need to ensure that their sensing systems are sufficiently robust to detect the presence of an infant in any one of the child restraints listed in subparts B or C of Appendix A.

If only a "low output" air bag deploys in the indicant test, NHTSA will not deploy a "high output" air bag simply because the "high output" air bag is placed in the vehicle for other occupants who may be seated in the passenger seat. Such an approach would have the effect of preventing vehicle manufacturers from using sensing technology to identify the presence of an infant at higher speeds.

Your next two questions relate to how the different compliance options relate to one another. Specifically, you ask if "the intent of the regulation... mean[s] that at compliance strategy needs to be chosen for each occupant size [i.e., the 1-year-old, the 3-yer-old, and the 6-year-old], but that a different strategy can be employed for each." You then ask if it is "possible to comply with ... the regulation using multiple compliance methods within an occupant size grouping using a logical subgrouping. For instance, could a system use deployment suppression for certifying the 3 and 6-year-old children in child seats and low risk deployment for the 3 and 6-year-old children not in child restraints?"

A vehicle manufacturer must certify to one of the compliance options in S19, S21, and S23. You first ask whether a different compliance option may be used for each group of children addressed by the regulation. The answer is yes. Each set of compliance options specified for a particular group of children is unique to that group. Accordingly, a manufacturer could choose to use automatic suppression to meet the infant and three year old requirements, but low risk deployment or dynamic automatic suppression for the six year old requirements. [2] However, within a given age group, a manufacturer may not choose to certify some portion of the population to one option and another portion of the population to another option. This would result in a unique compliance option that may fail to address all conditions contemplated by each option. For example, it is not acceptable to claim certification by meeting only one of the two low risk deployment positions for the three year old and 50 percent of the suppression positions. A system needs to meet one of the two options in its entirety. A customized compliance option, where the manufacturer used part of different options, but not all of any option, would create a unique compliance scheme that was never contemplated by the agency in determining how best to meet the need for safety without imposing unreasonable constraints on vehicle manufacturers. We note that in the example you provided in your letter, whereby a manufacturer would "use deployment suppression for certifying the 3 and 6-year-old children in child seats and low risk deployment for the 3 and 6-year-old children not in restraints" would be a compliant system that could be fully certified to the low risk deployment option, but not to the suppression option. Nothing in the rule prohibits manufacturers from using such a design philosophy. The deployment strategies related to children restrained in child restraints would remain within the manufacturer's discretion.

Your final question asks whether a manufacturer could use both low risk deployment and automatic suppression systems as a system redundancy. You state: "Assume that a sensing system met all of the conditions... for the RFIS low risk requirement. Suppose the sensing system also had the further capability to classify and suppress for certain tested situations. The system would be certified to meet all the low risk deployment requirements, however under certain conditions the system would suppress the airbag instead of deploying at low level because of this redundant capability. TRW believes a system of this type would comply with FMVSS 208 based upon similar NHTSA interpretations using additional or redundant safety equipment."

Your understanding is correct. Manufacturers may choose to use multiple technologies to address real world risk, without certifying to more than one compliance option. NHTSA specifically addressed this possibility in the May 2000 final rule (65 FR 30680, 30710). For example, a manufacturer may decide to use both low risk deployment and occupant sensing technologies for the six year old because it has concerns that the occupant sensing technology is insufficiently robust for all real world conditions, even though it may meet all the conditions specified in the test procedure. In such an instance, the manufacturer could certify to S23 using either the low risk deployment option or the automatic suppression option, even though in actual driving conditions, the air bag may sometimes deploy when an occupant the size of a 6-year-old is seated in the passenger seat. However, the manufacturer must choose one of the options for certification. Once it decides which option to certify to, it cannot change its position, even though the vehicle may fully meet the requirements of the other options. See S4.8. We require manufacturers to choose a particular option so that we can conduct compliance testing in an effective and productive manner.

I hope this letter addresses your concerns. Please feel free to contact Rebecca MacPherson of my staff at (202) 366-2992 should you have any additional questions.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:208
d.7/8/03





---

[1] The preamble to the May 2000 final rule states that an indicant test is not required. The statement was made in response to a comment that an indicant test would be required for every child restraint on Appendix A. Multiple indicant tests are not required. It may also be possible that a manufacturer could otherwise ascertain that only a very benign air bag will deploy in the presence of a belted child restraint at any speed. However, NHTSA may choose to run an indicant test to verify that only a benign deployment was possible.

[2] Currently dynamic automatic suppression cannot be used to certify to the infant requirements.

ID: 8259-4

Mr. Michael Love
Manager, Compliance
Porsche Cars North America, Inc.
100 West Liberty Street
Reno, Nevada 89501

Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position, identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

I hope you find this information helpful. If you have further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:101#102 d:5/17/94

ID: nht94-2.93

TYPE: INTERPRETATION-NHTSA

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the d elay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure th at its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventiona l automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The ri ght slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position aft er being tapped.

2

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For bot h columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

3

identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the infor mation may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 an d Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instru ment panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

4

positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - cou ld be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be co rrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D pos ition, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to th e extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

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Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would the n be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission oper ating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmiss ion position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the s hift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstanc es, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, sinc e Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

I hope you find this information helpful. If you have further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ID: nht94-5.25

DATE: May 17, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Michael Love -- Manager, Compliance Porsche Cars North America, Inc.

TITLE: None

ATTACHMT: Attached To Letter Dated 1/21/93 From Michael Love To Paul Jackson Rice (OCC-8259)

TEXT: Dear Mr. Love:

This responds to your request for an interpretation of Federal Motor Vehicle Safety Standards (FMVSS) No. 101; Controls and displays and No. 102; Transmission shift lever sequence, starter interlock, and transmission braking effect. I apologize for the delay in our response. You asked about the standards in connection with three options your company is considering for changing its "Tiptronic" automatic transmission system.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles meet applicable requirements. The following represents our opinion based on the facts provided in your letter.

The current Tiptronic automatic transmission system can be described as follows:

The shift lever is located in the middle console, where it can be moved along either of two slots which are located essentially parallel to the longitudinal axis of the vehicle. The left slot (automatic function) is essentially the same as a conventional automatic transmission gear shift lever, with the following positions (in order): P R N D 3 2 1. At the D position (only) of the left slot, the gear shift lever can be transferred to the M (manual) position of the right slot (manual function). The right slot consists of the following positions (in order): + M -. When the gear shift lever is in the right slot, the driver can select a higher gear (+) or lower gear (-) by tapping the shift lever. The shift lever always returns to the "M" position after being tapped.

2

There are two gear position displays, one on the middle console and the other on the instrument panel. The middle console display, which is not illuminated, shows each of the 10 positions where the shift lever may be placed. It also shows the position which is selected. The display on the instrument panel, which is illuminated, has two columns which correspond to the slots on the middle console. However, while the left column (corresponding to the left slot or automatic function) shows the positions P R N D 3 2 1, the right column (corresponding to the right slot or manual function) shows the positions 4 3 2 1. In other words, the right column portion of the display shows the available gears and the actual gear selected rather than + M -. For both columns, the selected position or gear is indicated by an illuminated arrow.

In your letter to NHTSA, you indicate that Porsche is considering the following three options for modifying its system:

Option 1. The first proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot.

Option 2a. The second proposed modification would eliminate the 3, 2 and 1 positions on the left (automatic) slot and the + and - positions on the right (manual) slot. Gear selection in the manual mode would be accomplished not by the shift lever but by shift rocker switches on the steering wheel.

Option 2b) The third proposed modification would provide only one slot with the following positions (in order): P R N D M D. In the M position, gear selection would be accomplished by shift rocker switches on the steering wheel.

For each of the proposed modifications, the shift lever positions would be labeled on the middle console, in the same manner as the current system. Similarly, the middle console would not be illuminated. The instrument panel display would not change for any of the options.

You ask a number of questions concerning whether the Tiptronic system, as modified under options 1, 2a and 2b, would comply with Standards No. 101 and 102. The issues raised by your letter are addressed below.

I will begin by identifying the requirements of Standards No. 101 and No. 102 which are relevant to your questions. Section S3.1.4.1 of Standard No. 102 states:

Except as specified in S3.1.4.3, if the transmission shift lever sequence includes a park position,

3

identification of shift lever positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:

(a) The ignition is in a position where the transmission can be shifted.

(b) The transmission is not in park.

S3.1.4.4 states:

Effective September 23, 1991, all of the information required to be displayed by S3.1.4.1 or S3.1.4.2 shall be displayed in view of the driver in a single location. At the option of the manufacturer, redundant displays providing some or all of the information may be provided.

Standard No. 101 specifies requirements for the location, identification and illumination of automatic gear position indicators. Section S5.1 requires that gear position display must be visible to the driver under the conditions of S6. Section S5.3.1 and Table 2 of the standard together require that automatic gear position displays be illuminated whenever the ignition switch and/or the headlamps are activated. The entry in Table 2 concerning the automatic gear position display references Standard No. 102. In a April 2, 1989 letter to Porsche concerning the Tiptronic system, we concluded that, given the reference in Standard No. 101 to Standard No. 102, where multiple gear position displays are provided and one complies with Standard No. 102 and the others do not, the requirements of Standard No. 101 must be met for the display which complies with Standard No. 102.

With this background in mind, I will discuss the existing Tiptronic system and the three possible modifications. For the reasons discussed above and in our April 2, 1989 letter, while multiple gear position displays are permitted, one such display must comply with all of the relevant requirements of Standards No. 101 and No. 102. Since your console display is not illuminated, it would obviously not comply with Standard No. 101. I will therefore address your letter in the context of whether the instrument panel display meets the requirements of the two standards. I assume that the instrument panel is activated during the times specified by Standard No. 102.

Under section S3.1.4.1 of Standard No. 102, there must be a display of all of the shift lever positions in relation to each other, and there must be an indication of the position that the driver has selected. In our April 2, 1989 letter, we stated that your design has the following ten shift lever

4

positions: P R N D 3 2 1 + M -. We noted that the right column of the alternative instrument panel displays identified in your letter showed either 4 3 2 1 or 4 3 M 2 1 instead of + M -. We concluded that if the instrument panel display was to be used to meet the requirements of Standard No. 102, it would be necessary for the display to show the 10 actual shift lever positions, including + M -.

Porsche evidently did not follow the opinion provided in that letter, since Porsche neither provided illumination for the console display nor showed the 10 actual shift lever positions, identified in our letter, on the instrument panel display. While we do not understand the reason for this decision by Porsche, we believe that one could reasonably argue that the + and - locations are not really shift lever "positions," since the shift lever cannot be left in those locations. Under this view, + M - could be seen as "one" shift lever position, which is represented on the instrument panel by 4 3 2 1. We would accept this as an alternative way of characterizing the current Tiptronic system, and are therefore not aware of any compliance problems.

I will now turn to the three possible modifications. Once again, since the non-illuminated console display would not meet the requirements of Standard No. 101, the relevant question is whether the instrument panel display meets the relevant requirements of Standards No. 101 and No. 102. A common problem for all three options would be that the instrument panel display retained from the original Tiptronic system would not correspond to the shift lever positions of the modified designs. This could be corrected for options 1 and 2a simply by deleting the 3 2 1 portion of the left column. A more complicated correction would be needed for option 2a, since the display would need to show the following positions in relation to each other: P R N D M D.

I have several other comments on your letter. You stated that for all three options, Porsche believes that it is not necessary to have the shift lever positions 3, 2 and 1, or to necessarily display those positions if selected automatically in the D position, as long as they as displayed when selected manually by use of the shift lever (in option 1) or shift rocker switch(es) (in options 2a and 2b). Porsche is correct that it is unnecessary to provide shift lever positions 3, 2 and 1. Moreover, to the extent that such shift lever positions are not provided but the gears are instead selected automatically in the D position or manually in the M position by tapping the shift lever or shift rocker switch, it is unnecessary to display the gears.

You also stated the following:

5

Porsche believes that under options 2a and 2b, both the shift lever and the shift rocker switch(es) would be considered as "shift levers" during the period when they are capable of changing the transmission position. The "shift lever position" would then be defined as the transmission position, or mode of operation, that was selected by manipulation of any combination of "shift levers." It follows then that identification of "shift lever position" would entail identifying the distinct transmission operating modes, in relation to each other and the specific mode selected. . . .

For options 2a and 2b, Porsche believes it is not necessary to illuminate the shift rocker switches, just as it is not necessary to illuminate the shift lever, under the provisions of FMVSS 101, as long as the display in the speedometer showing transmission position is illuminated.

We would not view the shift rocker switch(es) as shift levers under any circumstances. Instead, for the vehicle designs at issue, the lever provided on the middle console would be the only shift lever. When the shift lever is in the "M" position, the shift rocker switch(es) simply permit manual shifting that is akin to the automatic shifting that occurs when the shift lever is in the "D" position. The rocker switch(es) could not be used to shift the transmission to P, R or N. Under these circumstances, we view the rocker switch(es) as a control which is auxiliary to the shift lever and unregulated by Standard No. 102. I note that we might take a different position if the rocker switch(es) permitted the transmission to be shifted to P, R or N, since Standard No. 102 includes requirements to prevent shifting errors. I also note that Standard No. 101 does not require transmission shift levers or controls which are auxiliary to shift levers to be illuminated.

I hope you find this information helpful. If you have further questions, please contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,