ID: 09-000707as

ID: aiam0272

Dear Mr. Mitchell: This is in response to your letter of December 16, 1970, requesting clarification of our October 8, 1970 letter on the subject of the compliance of your campers with Standard No. 206.; The second paragraph in our letter was intended to apply to both you 14-foot 6-inch and 12-foot 6-inch campers and should have read as follows: 'You are correct in stating that the door in camper bodies built according to either of the floor plans enclosed with your letter would not be required to comply with Standard No. 206 if, as it appears, no portion of a manikin positioned at any seating reference point would project into the door opening area.' Of course, it is your responsibility under the National Traffic and Motor Vehicle Safety Act to determine whether both types of your campers actually meet the provisions of that paragraph.; Please write if we can be of further assistance. Sincerely, Lawrence R. Schneider, Acting Chief Counsel

ID: 15398-1.pja

Mr. Michael L. Ulsh
Mechanical Engineer
Summit Trailer Sales, Inc.
One Summit Plaza
Summit Station, PA 17979

Dear Mr. Ulsh:

This responds to your letter requesting an interpretation of whether the vehicles that your company manufactures are excluded from the National Highway Traffic Safety Administration's (NHTSA's) rear impact protection (underride guard) regulations. As explained below, your vehicles are not excluded from the regulation.

You ask about Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear impact protection, which in January 1998 will require most trailers and semitrailers weighing over 10,000 pounds to be fitted at the rear with an underride guard. Certain trailers are excluded from these requirements. You provided drawings and descriptions of four types of vehicles your company manufactures. In each case, you are concerned with the requirement in S5.1.3 which states that "the rearmost surface of the horizontal member of the guard shall be located as close as practical to a transverse vertical plane tangent to the rear extremity of the vehicle, but no more than 305 mm [about 12 inches] forward of that plane." S4 defines the rearmost extremity, in pertinent part, as

the rearmost point on a vehicle that is . . . below a horizontal plane located 1,900 mm above the ground . . . when the vehicle's cargo doors, tailgate, and other permanent structures are positioned as they normally are when the vehicle is in motion. Nonstructural protrusions such as taillights, rubber bumpers, hinges and latches are excluded from the determination of the rearmost point.

I will discuss the vehicle types in the order that your letter did.

Frame-type dump trailer

This vehicle has a deflector plate at the rear that extends rearward 12 inches from the end of the chassis. It deflects the load away from the trailer when it is dumping. You state that the plate is not a "structural member" because it is bolted or welded to the rear of the body. You also express some concerns that the trailer rear end might have to be modified by either moving the rear tires forward or extending the frame to prevent the guard from contacting the tires when the vehicle is dumping.

Is the rear extremity measured from the end of the deflector plate?

Yes. The definition of "rear extremity" states "nonstructural protrusions such as taillights, rubber bumpers, hinges and latches are excluded from the determination of the rearmost point." Merely because the deflector plate is attached to the body does not mean that an object is nonstructural. The definition of rear extremity refers to the "rearmost point on the vehicle," (emphasis added) not the rearmost point of the chassis. The attributes that the excluded objects have in common is that they are relatively small and localized and would not have a major impact on a colliding passenger vehicle. A 0.19 inch thick aluminum (or 7 gauge steel) plate extending across the entire width of the trailer is part of the vehicle, and is not a "nonstructural protrusion."

If so, where should the guard be located so that it lies no more than 12" (305mm) from the vertical plane tangent to the rear extremity . . . What are our alternatives for mounting this guard in a feasible manner and still comply with the new regulations?"

This is an engineering question that your engineers are in a better position to answer than we are. European governments use "type approval," which means that they approve particular designs as complying with their safety standards. In the United States, we write performance standards, and the vehicle manufacturers are responsible for devising engineering solutions to meet those standards. Therefore, NHTSA is not required to suggest, and will not approve, particular designs. In some cases, trailer rear end redesign might be necessary in order to comply with our underride guard standards.

However, you might want to consider two alternatives for meeting the standards that do not involve major redesign. One would be cantilevering the horizontal member of the rear impact guard slightly rearward from the rear of the chassis so that it is within 12 inches of the rear of the deflector plate. Another, possibly simpler alternative would be attaching the deflector plate in such a way that it would pivot at its upper edge and automatically swing downward (for example, when the tailgate is closed). The determination of rear extremity will be made "when the vehicle's cargo doors, tailgate, and other permanent structures are positioned as they normally are when the vehicle is in motion." If the plate were designed to have the "dropped" configuration whenever the vehicle is in motion, then NHTSA would not consider the plate to be the rear extremity of the vehicle. In fact, your particular vehicle would then meet the definition of an excluded "wheels back" trailer, because the rearmost surface of the rear tires would be within 12 inches of the rear extremity.

Frameless dump trailer

This type of trailer has a subframe that rolls forward when the trailer is dumping so that the front wheels leave the ground. You state that an underride guard attached to the subframe would rotate downward with the subfame and contact the ground slightly (according to your illustration) before the trailer reaches its maximum dump angle of 54 degrees.

Where should the guard be placed to comply with FMVSS No. 224, yet not interfere with the normal operation of the trailer? Are there any exclusions for this particular design?

There are no exclusions for dump trailers. As stated above, NHTSA cannot help to design your trailers. The previously mentioned possibility of a drop down deflector plate would probably also work for the frameless dump trailer. We would like to note that there is no requirement to mount the underride guard to the subframe. You could mount the guard to the axle or any other structural member that would provide adequate support.

Dual Arm trailer

This trailer has a steel bucket attached to two hydraulic arms which extend rearward on the sides of the trailer. During transit, the bucket is transported behind the trailer, with its lower rear corner at a distance of 36 inches behind the rear of the chassis and 70 inches from the ground.

Does this trailer qualify for the "special purpose vehicle" exclusion? If not, where should the guard be placed to comply with FMVSS No. 224?

Your dual arm trailer does not meet the definition of a special purpose vehicle. A special purpose vehicle is defined in S4 of FMVSS No. 224 as "a trailer or semitrailer having work-performing equipment . . . that, while the vehicle is in transit, resides in or moves through the area that could be occupied by the horizontal member of the rear underride guard . . . ." (Emphasis added.) According to your drawing, the bucket does not pass through the area where the horizontal member of the underride guard would be located while the vehicle is in transit, but instead resides about 70 inches off the ground. Therefore, your trailers are not excluded from the standard as special purpose vehicles.

As to locating the guard, your difficulty is the same as with the frame-type dump trailer. A piece of the trailer extends into the zone of consideration for determining the vehicle's "rear extremity," thereby creating a rear extremity (and therefore a required guard location) that is significantly behind the end of the trailer chassis. The bucket stows while in transit at a height that is not quite high enough to be excluded from consideration as the vehicle "rear extremity." Rear extremity is defined as the rearmost point "below a horizontal plane located 1,900 mm (about 75 inches) above the ground . . . ."

Although we do not know how feasible it would be, your drawing indicates that if the bucket were stowed only a few inches higher, above the upper limit of the zone of consideration for rear extremity, the rear extremity would then be considered to be the end of the chassis (or the end of the "bucket holder side plate," depending on where that is moved to). That would produce a fairly standard situation for attaching the guard to the end of the chassis.

Walking floor trailer

This trailer has steel chassis beams that extend 6 inches beyond the end of the trailer body to form a "pusher bumper." The bumper is 42 inches wide and approximately 39 inches from the ground.

Is the rear extremity measured from the end of the pusher bumper?

Yes. As indicated in the discussion of your dual arm trailer, the rearmost point of the trailer below approximately 75 inches from the ground will be considered the rear extremity. The pusher bumper is 39 inches off the ground, and is certainly too massive to be considered in the excluded category of "rubber bumpers." Therefore, it would be considered the rear extremity.

The guard would have to be mounted no more than 12 inches forward of the pusher bumper. However, S5.1.3 states that "the rearmost surface of the horizontal member of the guard shall be located as close as practical [to the vehicle's rear extremity](emphasis added). Therefore, unless there is some reason that it would not be practical, you are required to mount the guard so that the rearmost face of the guard's horizontal member aligns with the rear face of the pusher bumper.

This letter merely applies the existing regulatory language to the questions you posed, and does not constitute a judgment that your trailers could operate with a conventional underride guard in place. We have made a few observations that may suggest some engineering solutions that would meet the requirements of the standard without compromising the function of your vehicles. However, we reiterate that NHTSA is not responsible for vehicle design.

If there are solutions that you would not be able to implement before the January 26, 1998 effective date of the rule, you can apply for a temporary exemption. Under one of our regulations (49 CFR Part 555), vehicle manufacturers may apply for a temporary exemption from the Federal motor vehicle safety standards. Under Sec. 555.6(a), a manufacturer whose yearly production is not more than 10,000 units may ask for an exemption of up to three years on the basis that compliance would cause it substantial economic hardship and that it has attempted in good faith to comply with the standard from which it has asked to be excused. I have enclosed a copy of Part 555 for your information. Please note that it takes three to four months from the date of submittal before a decision can be made on such an application because it has to be submitted for public comment.

If you have any further questions, please feel free to contact Paul Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
Enclosures: 49 CFR Part 555
ref:224
d.10/20/97

ID: nht74-2.34

DATE: 02/15/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Busby Rivkin Sherman Levy and Rehm

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 13, 1973, asking whether glazing in the rear quarter windows of the Datsun model HLB-210 may, consistently with Motor Vehicle Safety Standard No. 205, be manufactured of AS 3 glazing material. This depends, as you point out, on whether this glazing is used "at levels requisite for driving visibility" under American National Standards Institute Standard ANS Z26.1-1966, incorporated into Standard No. 205. You refer in your letter to section 1017(a) of the California Vehicle Code which states:

Side windows to the rear of the driver and the rear windows not used for vision directly to the rear are not considered areas requisite for driving visibility.

The locations where the use of AS 3 glazing is permitted are set forth on page 12 of ANS Z26. AS 3 glazing may be used, "anywhere in a motor vehicle except in passenger car windshields and in the following locations at levels requisite for driving visibility . . . . (2) Passenger automobiles and taxicabs. Glazing of all windows including rear window, all interior partitions, and all apertures created for window purpose. (emphasis added)

The only exclusion from the broad prohibition against the use of AS3 glazing in passenger cars is "at levels not requisite for driving visibility." We do not agree with the California Code provision. We consider the word "levels" in Standard 205 to mean vertical heights in relation to the driver's eyes. We, therefore, cannot concur in the application of the "levels requisite for driving visibility" concept as it appears in Standard No. 205 to complete windows or other glazing areas of passenger cars.

With respect to the Datsun model in question, there is no evidence in your letter that the windows in question are not at a level requisite for driving visibility. In fact, they appear to include levels of a driver's normal eye point.

The NHTSA presently hopes to publish a revised notice of proposed rulemaking regarding direct fields of view in the fall of 1974. Previous proposals regarding this subject were withdrawn by notice published March 7, 1973 (38 FR 6194).

Yours truly,

ATTACH.

December 13, 1973

Guy Hunter -- Motor Vehicle Programs, National Highway Traffic Safety Administration Dear Mr. Hunter:

This will confirm our conversation of December 7, 1973 relative to the specification of "levels requisite for driver vision" in the ANSI Standard referenced in Federal Motor Vehicle Safety Standard No. 205.

Specifically, we would like your assurance that the guidance provided in the enclosed California Highway Patrol Regulations is in agreement with your interpretation of the Federal Motor Vehicle Safety Standard requirements. As marked, the California regulations permit the use of AS-3 glass in side windows to the rear of the driver (rear quarter windows).

Further, we would appreciate any indication from you regarding the timing of the proposed rule making on "direct fields of view", which we presume would establish precise future requirements for the location and light transmittance of motor vehicle glazing.

Our interest in this matter arises from the newly introduced model Datsun HLB-210 of our client, Nissan Motor Company. This vehicle has a small fixed pane of AS-3 glazing in what would otherwise be a solid rear quarter panel. I am enclosing a picture of this vehicle.

Respectfully submitted,

BUSBY RIVKIN SHERMAN LEVY and REHM;

George C. Nield -- Engineering Advisor

Enclosures

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL P. O. Box 898 Sacramento 95804

ORDER ADOPTING, AMENDING, OR REPEALING REGULATIONS OF THE DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL

After proceedings had in accordance with the provisions of the Administrative Procedure Act (Gov. Code, Title 2, Div. 3, Part 1, Chapter 4.5) and pursuant to the authority vested by Section 2402 of the Vehicle Code, and to implement, interpret or make specific Sections 2402.5, 26106 and 26704 of the Vehicle Code, the Department of the California Highway Patrol hereby adopts, amends, or repeals regulations in Chapter 2, Title 13, California Administrative Code as follows:

(1) Repeals Article 7 of Subchapter 4

(2) Adopts Article 7 of Subchapter 4 to read:

Article 7. Safety Glazing Material

1010. Scope of Regulations. This article shall apply to safety glazing material governed by Sections 535, 26701, 26703, 26704, and 26705 of the Vehicle Code and required to be approved before sale or use.

1011. Definitions. The following definitions shall apply wherever the terms are used in this article:

(a) Safety Glazing Material. Safety glazing material is any glazing material so constructed, treated, or combined with other materials as to reduce, in comparison with ordinary sheet, plate, or float glass, the likelihood of injury to persons by glazing material whether it may be broken or unbroken.

(b) Areas Requisite for Driving Visibility. "Areas requisite for driving visibility" are glazed areas at levels established in Section 1017 of this code for the windshield, the windows and in Section 1017 of this code for the windshield, the windows and wind deflectors to the right and left of the driver, and the rear window, except for rear windows on vehicles equipped with left- and right-hand mirrors.

(c) Daylight Opening. The "daylight opening" is the maximum area of unobstructed visibility in the glazed window.

(d) Camper. A camper is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

(e) ANSI Standard. An ANSI Standard is a standard issued by the American National Standards Institute, formerly referred to as ASA, American Standards Association, and USASI, United States of America Standards Institute.

(f) Approved Laboratory. An approved laboratory is a laboratory which has facilities and equipment for testing glazing material to ANSI Standards and has been approved by the department in accordance with the provisions of Sections 850 through 859 of this code.

1012. Application for Approval. Requests for approval or reapproval of safety glazing material shall be submitted on forms provided by the department, shall be accompanied by the items specified in following subsections (a) or (b), and (c) and (d), and shall be sent to the following address:

California Highway Patrol Engineering Section P. O. Box 898 Sacramento, California 95804

(a) Test Reports. Test reports shall be those issued by a laboratory approved by the department in accordance with Sections 350 through 859 of the code. Reports shall show compliance with Section 1015 of the code and shall contain at least the following information:

(1) Thickness of samples tested

(2) Color, shade, or tint of samples tested

(3) Size and spacing of conductor, size of bus bar, and spacing from periphery of glass, when electrical conductors are used

(4) A reproduction of the identification markings used on the material required by Section 1014 of this code

(5) Detailed results of each test required by ANSI Standard Z26.1-1966 (6) Date of test completion.

(b) Comparison Reports. Comparison reports shall include the following items:

(1) Copy of original test report for previously approved glazing material

(2) Written statement from the original manufacturer of the material authorizing its use by the applicant under a new identification marking

(3) Addendum to the original test report stating that "The new material is identical in every respect to the original material tested with the exception of the marks of identification. The old marks of identification are and the new marks of identification are ." This statement shall be signed by a representative of the approved laboratory.

(c) Identification Markings. One actual size reproduction of the identification markings used on the glazing material shall be reproduced in black on white paper and submitted with the application.

(d) Samples of Material. Samples of material shall be furnished as follows:

(1) One 2-inch or larger square sample of each color, tint, or shade of plastic glazing material bearing the required identification markings

(2) One 4-inch square sample of any glass containing an electrical conductor and bearing the required identification markings.

1013. Approval of Safety Glazing Material. Safety glazing material shall be approved as follows:

(a) Certificates of Approval. Certificates of approval for glazing material issued between January 1 and June 30, inclusive, shall expire on July 1, five years after the date of the test report. Certificates issued between July 1 and December 31, inclusive, shall expire on January 1, five years after the date of the test report. Certificates issued for a limited term of less than five years shall expire on the date shown on the certificate.

(b) Approval by Comparison. Certificates of approval for glazing material approved on the basis of a comparison report shall have the same expiration date as the certificate for (Illegible Words) glazing material.

(c) Reapproval. Reapproval certificates shall expire five years from the dates of the laboratory reports.

(d) Noncurrent Safety Glazing Material. Noncurrent glazing material for which the certificate has expired may continue to be used on the motor vehicle or camper on which it was installed at the time of expiration and may be transferred between vehicles or campers. Stock on hand in California may continue to be sold for two years after the expiration date of the certificate. Replonishment of stock with material for which the certificate has expired is prohibited.

1014. Identification Markings. Each piece of safety glazing material shall be permanently marked so as to be visible and legible when installed on a vehicle or camper.

(a) Name and Model Designation. Markings shall include the following information:

(1) The manufacturer's name, initials, lettered trademark, or United States Department of Transportation (DOT) assigned code number, which shall be clearly different from those of other manufacturers

(2) The letter "M" followed by the manufacturer's model number for each different type, thickness, color tint, shade, or construction of the material

(3) The letters "AS" followed by the item number in the ANSI Standard with which the material complies, such as ASI or AS2.

(b) Recommended Format. Glazing material submitted for approval on or after September 1, 1970, should have the markings required by subsection (a) arranged so that the manufacturer's name, initials, lettered trademark, or DOT code number and the model number appear in succession on a single line below the trade symbol with no other markings except the "AS" designation on the same line. The following examples illustrate acceptable format:

(Graphics omitted)

(c) Shaded Areas. Shaded areas of less than 70 percent light transmittance which adjoin areas of 70 percent or more light transmittance shall be marked "AVS1" or "AIllegibleS2" at the dividing line. The arrow shall indicate which portion of the material complies with the item number shown.

(d) Size of Markings. The markings required in subsections (a) and (c) shall be in letters and numbers at least 0.070 inch in height. Additional markings may be of any height, shall be immediately above the required markings, and may be changed without notification to the department provided no change is made in the glazing material.

1015. Applicable Safety Glazing Material Standards. Safety glazing material shall meet Federal Motor Vehicle Safety Standard No. 205 and requirements of ANSI Standard Z26.1-1966.

1016. Electrical Conductors. Heating elements used for doing fogging and deicing, and wire and printed conductors used for other purposes manufactured in safety glazing material are acceptable for use in areas requisite for driving visibility in accordance with the following guidelines:

(a) Wire and Printed Conductors in Material Marked AS1. Heated wire conductors in material marked AS1 should not exceed 0.001 inch in diameter, should not be spaced closer than 0.040 inch or further apart than 0.150 inch, and the bus bar which connects the ends should be within 0.5 inch of the periphery of the daylight opening. The diameter of conductors used for other purposes should not exceed 0.010 inch for wire or 0.020 inch in width for printed types. Only one such conductor should be placed within 2 inches of and generally parallel to the periphery of the daylight opening; and not more than two should be centered vertically in the glazing material and spaced not more than 2 inches apart.

(b) Wire Conductors in Material Marked AS2. Wire conductors in material marked ASE should either meet A31 requirements in preceding subsection (a), or they should not exceed 0.0015 inch in diameter nor be spaced closer than 0.080 inch. The bus bar connecting the ends of the conductors should be within 0.5 inch of the periphery of the daylight opening.

(c) Printed Conductors on Material Marked AS2. Printed conductors on glazing material marked AS2 should not be more than 0.040 inch in width nor spaced closer than 0.900 inch. The bus bar connecting the ends of the conductors should be within 0.5 inch of the periphery of the daylight opening.

1017 Determination of Areas Regisite for Driving Visibility. The following methods for determining the levels of glazed areas requisite for driving visibility are recommended and considered acceptable until such time as a Federal Motor Vehicle Safety Standard defining the levels becomes effective:

(a) Levels. The established levels requisite for driving visibility include all levels below a horizontal plane 28 inches above the undepressed driver's seat for passenger cars, and 30 1/2 inches for other motor vehicles, except as specified in following subsections (b), (c), and (d). Measurements are made from a point 5.0 inches ahead of the bottom of the backrest and directly behind the center of the steering wheel, with the driver's seat in the rearmost and lowest position and the vehicle on a level surface. Areas requisite for driving visibility include all glazed areas below this plane and all of the glazed area of windows capable of being lowered. Side windows to the rear of the driver and the rear windows not used for vision directly to the rear are not considered areas requisite for driving visibility.

(b) Special Vehicles. Corresponding eye heights, based upon an average seat depression of 3.3 inches for passenger cars and 2.0 inches for other vehicles, apply to specially designed vehicles or vehicles designed for a standing driver.

(c) Curved Windshields. In order to accommodate manufacturing procedures for curved windshields, it is permissible for shaded windshield glazing material to have less than 70 percent luminous transmittance over areas extending inward from each corner post for a distance not exceeding 10 percent of the windshield width. These areas of reduced luminous transmittance should not extend more than 1.5 inches below the level requisite for driving visibility. The curved windshield exceptions should not apply to motor vehicles manufactured after September 1, 1972.

(d) Motorcycles. The established levels requisite for driving visibility for motorcycles include all planes between a horizontal plane 15 inches above the lowest portion of the seat when the seat is depressed by the operator and a horizontal plane 31 inches above the undepressed seat.

1018. Locations of Safety Glazing Material. Safety glazing material shall be used in accordance with the "AS" number marked on the material as follows:

(a) AS1. Laminated safety glass marked AS1 is required to be used in the windshield of every motor vehicle except a motorcycle and is acceptable for use anywhere in motor vehicles and campers.

(b) AS2 and AS3. Laminated or tempered safety glass marked AS2 is acceptable for use anywhere in a motor vehicle except in the windshield, and anywhere in a camper. Material marked AS3 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(c) AS2-26 and AS3-26. Laminated safety glass marked AS2-26 is acceptable for use anywhere in a motor vehicle except the windshield, and anywhere in a camper. Material marked AS3-26 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(d) AS4 and AS5. Rigid plastic safety glazing material marked AS4 is acceptable for use in interior partitions, auxiliary wind deflectors, folding doors, standee windows in buses, flexible curtains, readily removable windows, openings in roofs, rear windows of soft tops, rear doors of taxicabs, and windows of campers. Material marked AS5 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(e) AS6 and AS7. Flexible plastic safety glazing material marked AS6 is acceptable for use in the rear windows of soft tops, windshields for motorcycles, flexible curtains, and readily removable windows. Material marked AS7 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(f) AS8 and AS9. Wire glass marked AS8 is acceptable for use in folding doors, standee and rearmost windows in buses, and windows to the rear of the driver in trucks and truck tractors. Material marked AS9 has less than 70 percent light transmittance and is acceptable only in areas not requisite for driving visibility.

(g) AS10 and AS11. Laminated safety glazing material marked AS10 or AS11 is for use only in armored cars for which permits have been issued under Section 21713 of the Vehicle Code. Bullet-resistant glass marked AS10 is required in the windshields and is acceptable for use anywhere in the vehicle. Bullet-resistant glass marked AS11 is acceptable for use anywhere in the vehicle except the windshield.

(h) Shaded Material. The dividing line in the "AVS1" or "AVS2" markings on shaded glazing material shall be located so that the darker side of the dividing line is outside the areas requisite for driving visibility.

This order shall take effect on September 1, 1970, as provided in Section 11422(d) of the Government Code.

Dated: July 22, 1970

DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL; A. E. SHAFFER, Captain -- Acting Commander Safety Services Division

ID: Wheeler.1

Ms. Angela Wheeler
California Department of Transportation
Division of Equipment
34^th Street & Stockton Boulevard
P.O. Box 160048
Sacramento, CA 95816-0048

Dear Ms. Wheeler:

This responds to your letter in which you seek clarification regarding the implications under the Federal motor vehicle safety standards (FMVSSs) of modifying the seat assemblies of 20 medium-duty trucks to convert them from having intermediate seat backs to high seat backs. The purpose of these modifications would be to improve driver safety in the event of a rear impact. According to your letter and a subsequent phone conversation with Eric Stas, you stated that the California Department of Transportation, Division of Equipment (CalDOT) is a final-stage manufacturer of these vehicles, and it affixes certification labels in accordance with 49 CFR Part 567, Certification. You stated that CalDOT owns the vehicles in question and would make such modifications itself. Your letter also described in detail both the original seat assembly delivered with the vehicle and the replacement seat assembly (whose back portion you wish to install), both of which you state conformed to FMVSS No. 207, Seating Systems, at the date of manufacture. We are pleased to have the opportunity to answer your questions related to our standards.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not issue approvals of these products, but instead, a manufacturer of motor vehicles or motor vehicle equipment must self-certify that its products comply with all applicable safety standards, prior to offering such products for sale. Standard No. 207 specifies performance requirements for seats, their attachment assemblies, and their installation, in order to minimize the possibility of seat failure resulting from crash forces.

Before answering your specific questions, I would begin by discussing a few general matters of relevance here. First, it should be noted that under our certification requirements, every completed vehicle must be certified as complying with applicable

FMVSSs. Final-stage manufacturers that complete vehicles for their own use are subject to this requirement. Under 49 U.S.C. 30112(a), a person may not "manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States" any motor vehicle or motor vehicle equipment, unless such vehicle complies with safety standards and is so certified. Ongoing use of a vehicle by its manufacturer on the public highways would constitute introduction of the vehicle into interstate commerce. Therefore, a manufacturer would need to certify the vehicle prior to such use, even if the vehicle has not been sold.

In a phone conversation, you also asked about CalDOTs responsibilities at the time of sale of these vehicles (i.e., after they have been used on the public highways by CalDOT). As indicated above, 49 U.S.C. 30112(a) prohibits a person from selling a vehicle unless it complies with applicable safety standards. Your question raises the issue of whether a vehicle that has been used by its manufacturer on the public highways, but has never been sold, must continue to meet the safety standards at the time it is eventually sold. If the user-manufacturers (in this case CalDOTs) use of the vehicle has been bona fide, we would consider CalDOTs actions in using the vehicles on the public highways to be equivalent to the first purchase of the vehicle for purposes other than resale. This would have an impact upon CalDOTs ongoing responsibilities, because under 49 U.S.C. 30112(b)(1), "This section [49 U.S.C. 30112] does not apply to (1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale." Thus, when CalDOT sells these trucks, they would be sold as used vehicles, and no additional certifications or alterations would be required under our regulations prior to sale.

As a general matter, Federal regulations do not prevent final-stage manufacturers, dealers, or repair businesses from modifying an original seat. For modifications made prior to initial vehicle sale, the entity must ensure that the new or modified seat and its attachment assembly comply with FMVSS No. 207, as is required under 49 U.S.C. 30112. For modifications made after the vehicle is certified and sold, the business must ensure that its modifications do not violate the "make inoperative" provision of 49 U.S.C. 30122, which prohibits actions that would take a vehicle out of compliance with any applicable motor vehicle safety standards.

We now turn to the three specific questions presented in your letter. For ease of reference, we repeat each question, followed by our response:

(1) "Does the nominal change in weight and CG [center of gravity] require the new assembly to be tested to S4.2 [of] FMVSS No. 207?"

Each of our safety standards specifies the test conditions and procedures that NHTSA will use to evaluate the performance of the vehicle or equipment when testing for compliance with that particular standard. NHTSA follows each of the specified test procedures and conditions in effect at the time of product certification when conducting its compliance testing. In this case, S4.2, General performance requirements, of FMVSS No. 207 provides:

When tested in accordance with S5, each occupant seat, other than a side-facing seat or a passenger seat on a bus, shall withstand the following forces, in newtons.

(a) In any position to which it can be adjusted20 times the mass of the seat in kilograms multiplied by 9.8 applied in a forward longitudinal direction;

(b) In any position to which it can be adjusted20 times the mass of the seat in kilograms multiplied by 9.8 applied in a rearward longitudinal direction;

(c) For a seat belt assembly attached to the seatthe force specified in paragraph (a), if it is a forward facing seat, or paragraph (b), if it is a rearward facing seat, in each case applied simultaneously with the forces imposed on the seat by the seat belt assembly when it is loaded in accordance with S4.2 of 571.210; and

(d) In its rearmost positiona force that produces a 373 newton meters moment about the seating reference point for each designated seating position that the seat provides, applied to the upper cross-member of the seat back or the upper seat back, in a rearward longitudinal direction for forward-facing seats and in a forward longitudinal direction for rearward-facing seats.

However, we note that a manufacturer is not required to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements of the safety standards (including actual testing, computer simulation, engineering analysis, or other means), provided that the manufacturer assures that the vehicle or equipment will comply with the safety standards when tested by the agency according to the procedures specified in the standard. The requirements concerning certification may be found at 49 CFR Part 567.

In evaluating the need to conduct testing, relevant considerations here would include whether the new seat would require increased loading (due to greater mass) and load application at a greater height (due to higher center of gravity), as these factors could potentially induce greater stress on the seat and seat attachment hardware.

(2) "If re-testing is required as a final stage manufacturer, can we perform the required testing within our own testing facilities to ensure conformance to FMVSS No. 207?"

Consistent with our response to Question (1) above, if CalDOT chooses to conduct testing pursuant to FMVSS No. 207, it may do so at its own testing facilities.

(3) "If testing is required, does the seat belt attachment shown in Figures 3 and 4 require test S4.2c to be included?"

We note that your letter included several photographs (i.e., Figure 1 (original seat); Figure 2 (proposed seat); Figures 3 and 4 (depicting seat belt attachment)). However, we cannot determine from these photographs whether your proposed seat modifications would warrant your conducting testing under S4.2(c) of the standard. The responsibility for this determination lies with the entity that makes the modifications.

We note generally that S4.2(c) applies in those instances where a seat belt assembly is "attached" to the seat, in order to account for associated forces that may act on the seat in the event of a crash. In a July 10, 2000 interpretation letter to Mr. Gil De Laat, we examined whether a webbing guide permanently attached to the seat, but which did not have any "structural benefit" for purposes of seat or safety belt performance, is an "attachment" for purposes of S4.2(c). As presented by Mr. De Laat, the webbing guide in question served no structural purpose and would not transfer safety belt loads to the seat itself. Because the seat would not be loaded in a crash by the forces generated by the safety belt loads to the seat itself, we determined that it would not be necessary that the seat be capable of withstanding the load from the belt, so use of the webbing guide would not require that the seat be subjected to the seat belt anchorage loads of FMVSS No. 210, as described in S4.2(c) of FMVSS No. 207.

I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:207
d.6/16/05

ID: nht94-1.9

TYPE: Interpretation-NHTSA

DATE: January 6, 1994

FROM: Thomas D. Turner -- Manager, Engineering Services, Blue Bird Body Company

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Request for Interpretation; Reference: 1. 49 CFR Part 571 - Docket No. 88- 21; Notice No. 3 Bus Emergency Exits and Window Retention and Release (new); 2. 49 CFR Part 571 - Docket No. 88-21; Notice No. 5 Bus Emergency Exits and Window Retention and Release (new); 3. 49 CFR Part 571.217 Bus Window Retention and Release (curren t)

ATTACHMT: Attached to letter dated 4/14/94 from John Womack to Thomas D. Turner (A42; Std. 217); Also attached to letter dated 3/9/77 from Frank A. Berndt to W.G. Milby (Std. 217)

TEXT:

ITEM 1:

The final rule of reference 1 in section S5.2.3.2(a)(2) requires "A side door installed pursuant to S5.2.3.1(a)(2)(i) shall be located on the left side of the bus and as near as practicable to the midpoint of the passenger compartment." The supplementar y information section number 6 discusses location of emergency exits, acknowledges variables that can effect the location of doors in particular, and concludes that the states are in the best position to specify the exact locations of emergency exits on school buses. It was then stated that "The final rule, therefore, establishes general requirements for school bus emergency exit locations."

Since the majority of state school bus specifications do not address side emergency exit door locations and since those states that have in the past addressed side emergency exit door locations have not updated their specifications to accommodate the new exit requirements of the final rule and because school buses are currently being ordered and scheduled for production pursuant to the new exit requirements, the burden of selecting specific side emergency exit door locations for most new school buses fa lls on the school bus manufacturer.

Also, since there are many variables that could influence what is "as near as practicable," such as wheelhousing, fuel filler necks, seat placement, etc. Blue Bird must establish allowable limits for locating side emergency exit doors installed pursuant to S5.2.3.1(a)(2)(i). For the above reasons, we have chosen to establish limits such that the 12-inch required opening for the left side emergency exit door required by S5.2.3.1(a)(2)(i) will always be in the center one-half of the passenger compartment as defined in the final rule. (1) BLUE BIRD REQUESTS CONFIRMATION THAT LOCATING LEFT SIDE EMERGENCY EXIT DOOR AS JUST DESCRIBED MEETS BOTH THE LETTER AND INTENT OF SECTION S5.2.3.2(A)(2) REQUIREMENTS. Since NHTSA chose not to establish more specific f ore and aft location requirements for the side door in question and chose not to establish fore and aft location requirements for any additional side doors required by the Standard, we believe it is reasonable to request such flexibility in the location of the side emergency exit door required by S.5.2.3.1(a)(2)(i).

ITEM 2:

Section S5.2.3.1 of FMVSS 217 prior to the final rule of reference 1 in subsection (b) required the left side emergency door for this option to be in the rear half of the bus passenger compartment. We find that this requirement is not retained as part o f the standard in the final rule.

Also, upon careful review of the new standard, we have concluded that other than the requirement of S5.2.3.2(a)(2) for side emergency exit doors installed pursuant to S5.2.3.1(a)(2)(i), there are no other fore and aft location requirement for any school bus side emergency exit doors. (2) WE SEEK YOUR CONFIRMATION THAT THIS CONCLUSION IS CORRECT.

ITEM 3:

There was an interpretation issued by OCC on March 9, 1977 with regard to FMVSS 217 requirements for school buses of reference 3. A copy of the interpretation is enclosed. The interpretation dealt with the requirement for side emergency exit doors that were voluntarily installed per state or customer specifications and were not required by FMVSS 217. The interpretation stated "Emergency exits installed in school buses beyond those required in S5.2.3 must comply with regulations applicable to emergenc y exits in buses other than school buses." In layman's terms, the interpretation meant that side emergency exit doors that were installed in school buses voluntarily need not meet the seat placement requirement of S5.4.2.1(b) .. "A vertical transverse pl ane tangent to the rearmost point of a seat back shall pass through the forward edge of a side emergency exit door" and that they were instead treated like pushout windows.

Sections S5.4.2.1(a)(2)(i), (a)(2)(ii), and (a)(2)iii) of the final rule of reference 1 and figures 5A, 5B and 5C of the technical amendment of reference 2, establish new seat and restraining barrier positioning requirements with respect to side emergenc y exit doors. Blue Bird has concluded that the March 9, 1977 interpretation does not apply to these new requirements as it did to the 1977 FMVSS 217 requirements, and that all side emergency exit doors in new school buses are now required to meet the ne w positioning requirements pursuant to the final rules of reference 1 and reference 2. (3) WE SEEK YOUR CONFIRMATION THAT THIS CONCLUSION IS CORRECT.

Since the new requirements of FMVSS 217 are effective May 2, 1997 and school buses are currently being ordered that will have to meet these new requirements, a timely response to the above three items is needed.

ID: 10994

Patrick M. Raher, Esq.
Hogan & Hartson, L.L.P.
Columbia Square
555 Thirteenth Street, N.W.
Washington, DC 20004-1109

Dear Mr. Raher:

This responds to your request for an interpretation of the seat position specifications of Standards No. 208, Occupant Crash Protection, and No. 214, Side Impact Protection. These specifications, which are part of the test conditions for the standards' dynamic crash tests, indicate how a vehicle's seats are positioned in those tests. You asked how the specifications apply in the case of power seats which have different maximum seating locations in the forward and rearward position depending on seat height. As discussed below, the seats would be positioned midway between the forwardmost and rearmost positions (with the forwardmost and rearmost positions being determined irrespective of seat height), and at the lowest possible height at that midway position. This appears to correspond to Option 1 in your letter.

In your letter, you described a power seat design whose seat position potential is trapezoidal rather than rectangular, due to the mechanism utilized in the power seat operation. In particular, the seat can move further forward in its highest position than in its lowest position, and further rearward in its lowest position than in its highest position. You also indicated that a lowering of the seat from a higher position has the effect of moving the seat backward.

The seat position specifications of Standards No. 208 (S8.1.2) and No. 214 (S6.3) read as follows:

Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost positions, the closest adjustment position to the rear of the midpoint is used.

This provision sets forth two conditions concerning how an adjustable seat is positioned in a crash test. The first condition, for the longitudinal position of the seat, is for the seat to be in the adjustment position midway between the forwardmost and rearmost positions. The terms "forwardmost" and "rearmost" are not qualified by height, so the absolute forwardmost and rearmost positions would be used, irrespective of seat height at those positions.

The second condition, for the vertical position of a seat which is separately adjustable in a vertical direction, is for the seat to be in the lowest position. We interpret this to refer to the lowest vertical position that can be attained at the longitudinal position described above. Therefore, in positioning a seat for a crash test, we would not change the longitudinal position of the seat merely because the mechanism was designed so that lowering the seat from a higher position had the effect of moving the seat backward. Instead, we would find the lowest vertical position that could be attained at the specified longitudinal position.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:208 d:8/31/95

ID: nht95-6.32

TYPE: INTERPRETATION-NHTSA

DATE: August 31, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Patrick M. Raher, Esq. -- Hogan & Hartson, L.L.P., Columbia Square

TITLE: NONE

ATTACHMT: ATTACHED TO 6/19/95 LETTER FROM PATRICK M. RAHER TO JOHN WOMACK (OCC 10904)

TEXT: Dear Mr. Raher:

This responds to your request for an interpretation of the seat position specifications of Standards No. 208, Occupant Crash Protection, and No. 214, Side Impact Protection. These specifications, which are part of the test conditions for the standards' dynamic crash tests, indicate how a vehicle's seats are positioned in those tests. You asked how the specifications apply in the case of power seats which have different maximum seating locations in the forward and rearward position depending on seat height. As discussed below, the seats would be positioned midway between the forwardmost and rearmost positions (with the forwardmost and rearmost positions being determined irrespective of seat height), and at the lowest possible height at that midway position. This appears to correspond to Option 1 in your letter.

In your letter, you described a power seat design whose seat position potential is trapezoidal rather than rectangular, due to the mechanism utilized in the power seat operation. In particular, the seat can move further forward in its highest position than in its lowest position, and further rearward in its lowest position than in its highest position. You also indicated that a lowering of the seat from a higher position has the effect of moving the seat backward.

The seat position specifications of Standards No. 208 (S8.1.2) and No. 214 (S6.3) read as follows:

Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost positions, the closest adjustment position to the rear of the midpoint is used.

This provision sets forth two conditions concerning how an adjustable seat is positioned in a crash test. The first condition, for the longitudinal position of the seat, is for the seat to be in the adjustment position midway between the forwardmost and rearmost positions. The terms "forwardmost" and "rearmost" are not qualified by height, so the absolute forwardmost and rearmost positions would be used, irrespective of seat height at those positions.

The second condition, for the vertical position of a seat which is separately adjustable in a vertical direction, is for the seat to be in the lowest position. We interpret this to refer to the lowest vertical position that can be attained at the longitudinal position described above. Therefore, in positioning a seat for a crash test, we would not change the longitudinal position of the seat merely because the mechanism was designed so that lowering the seat from a higher position had the effect of moving the seat backward. Instead, we would find the lowest vertical position that could be attained at the specified longitudinal position.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at 366-2992.

ID: nht95-4.10

TYPE: INTERPRETATION-NHTSA

DATE: August 31, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Patrick M. Raher, Esq. -- Hogan & Hartson, L.L.P., Columbia Square

TITLE: NONE

ATTACHMT: ATTACHED TO 6/19/95 LETTER FROM PATRICK M. RAHER TO JOHN WOMACK (OCC 10904)

TEXT: Dear Mr. Raher:

This responds to your request for an interpretation of the seat position specifications of Standards No. 208, Occupant Crash Protection, and No. 214, Side Impact Protection. These specifications, which are part of the test conditions for the standards' d ynamic crash tests, indicate how a vehicle's seats are positioned in those tests. You asked how the specifications apply in the case of power seats which have different maximum seating locations in the forward and rearward position depending on seat hei ght. As discussed below, the seats would be positioned midway between the forwardmost and rearmost positions (with the forwardmost and rearmost positions being determined irrespective of seat height), and at the lowest possible height at that midway pos ition. This appears to correspond to Option 1 in your letter.

In your letter, you described a power seat design whose seat position potential is trapezoidal rather than rectangular, due to the mechanism utilized in the power seat operation. In particular, the seat can move further forward in its highest position t han in its lowest position, and further rearward in its lowest position than in its highest position. You also indicated that a lowering of the seat from a higher position has the effect of moving the seat backward.

The seat position specifications of Standards No. 208 (S8.1.2) and No. 214 (S6.3) read as follows:

Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardm ost and rearmost positions, the closest adjustment position to the rear of the midpoint is used.

This provision sets forth two conditions concerning how an adjustable seat is positioned in a crash test. The first condition, for the longitudinal position of the seat, is for the seat to be in the adjustment position midway between the forwardmost and rearmost positions. The terms "forwardmost" and "rearmost" are not qualified by height, so the absolute forwardmost and rearmost positions would be used, irrespective of seat height at those positions.

The second condition, for the vertical position of a seat which is separately adjustable in a vertical direction, is for the seat to be in the lowest position. We interpret this to refer to the lowest vertical position that can be attained at the longit udinal position described above. Therefore, in positioning a seat for a crash test, we would not change the longitudinal position of the seat merely because the mechanism was designed so that lowering the seat from a higher position had the effect of mo ving the seat backward. Instead, we would find the lowest vertical position that could be attained at the specified longitudinal position.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at 366-2992.

ID: aiam4315

Dear Mr. Mitchell: This responds to your letter to me regarding the questions you shar with the Connecticut Department of Motor Vehicles (DMV) about paragraph S5.1.2 of Standard No. 222, *School Bus Passenger Seating and Crash Protection.* I regret the delay in our response. As you know, your letter was supplemented by information we received in a letter from Mr. Harry Gough of the DMV. We have also incorporated into your inquiry information you provided on February 26 to Mr. Paliokas of NHTSA's Office of Vehicle Safety Compliance concerning the dimensions of the seat back in question. I regret the delay in this response.; The first question you ask is whether S5.1.2 applies to the last ro 'davenport' type seat found in a rear engine school bus. The answer is yes. By its terms, S5.1.2 applies to 'each school bus passenger seat' and makes no exception for the rearmost seat.; The second question you ask relates to the concerns you and the DM have about the requirements in S5.1.2 for seat back surface area. Because Connecticut prohibits the top of rear divan seats to be higher than the lower edge of rear emergency windows, the state wishes to reduce the height of the seat back on a seat located in the last row of the school bus and reduce the width of the seat cushion (to 29 inches) by use of 'spacers.' You enclosed a diagram of the seating design to illustrate how the proposal compares with your standard school bus seat and called the new seat 'cushion 2' and the area of its seat back 'area 2.' The DMV sent us a diagram showing the location of the spacers on cushion 2.; You believe that the DMV's desired seat back design would not compl with Standard No. 222 and ask us whether you have made a correct determination. As explained below, the answer is yes.; Paragraph S5.1.2 of Standard No. 222 regulates the height and surfac area of seat backs on school buses. It states:; >>>Each school bus passenger seat shall be equipped with a seat bac that, in the front project view, has a front surface area above the horizontal plane that passes through the seating reference point, and below the horizontal plane 20 inches above the seating reference point, of not less than 90 percent of the seat bench width in inches multiplied by 20.<<<; In order to ascertain the compliance with S5.1.2 of the seat back i question, the area of the seat back (in the front projected view) between the two horizontal planes referenced in S5.1.2 is calculated. To calculate this, dimensions are needed for the height of the seat back above the seating reference point (SRP) and the width of the seat back. The information you provided to Mr. Paliokas concerned the SRP and seat back height. According to that information and the diagram you enclosed, the seat back for cushion 2 is five inches lower than your standard school bus seat back. Thus, the height above the SRP of the seat back for cushion 2 is approximately 14.25 inches.; As to the width of the seat back, the question arises whether it shoul be considered to be 29 or 39 inches wide. While the seat back appears to be 39 inches wide in your illustration, the 'spacers' located on each end of the seat in front of the seat back reduce the seat width to 29 inches.; The use of the spacers brings up two related issues. First, are the adequate in rendering portions of the bench seat inappropriate for use as seating surface areas? You as the manufacturer must make a good faith determination of their adequacy. We do not have enough information at this time to answer this question, however, we will assume for the purposes of this discussion that the answer is yes.; Second, assuming that the spacers are adequate in making portions o the bench seat unlikely to be used for seating, should the surface of the seat back behind the spacers be considered part of the cushion 2's seat back surface area for purposes of S5.1.2? We believe the answer to this question is no. Since non-seating areas are not required to be compartmentalized between high seat backs or restraining barriers, we do not consider portions of a seat back behind non-seating positions as part of the seat back surface area required by S5.1.2 to be provided for school bus seats. Hence, if the spacers render cushion 2 into a 29 inch seat, we conclude that the width of the corresponding seat back is 29 inches.; Under S5.1.2, the front surface area of the seat back between the tw referenced planes must be not less than 90 percent of the seat bench width in inches multiplied by 20. The required surface area for a seat back of a 29 inch bench seat thus must be at least 522 square inches. Since the seat back for cushion 2 has a height above the SRP of 14.25 inches and a width of 29 inches, its area is only 413.25 square inches. Therefore, the seat back does not meet S5.1.2 of Standard No. 222.; In his letter to us, Mr. Gough argues that the proposed design woul not violate the purpose of Standard No. 222 since the seat back in question would be located in the rear of the school bus and no person would be sitting or standing behind it. We cannot accept this argument. Paragraph S2 of Standard No. 222 states: 'The purpose of this standard is to reduce the number of deaths and the severity of injuries that result from the impact of school bus occupants against structures within the vehicle during crashes and sudden driving maneuvers.' In accordance with this intent, Standard No. 222 requires school buses to comply with 'compartmentalization' requirements to provide passenger crash protection. To achieve the benefits of compartmentalization, it is important that passengers be protected and confined in the event of a crash within an area of sturdy, well-padded seats. The seat back area required by S5.1.2 is necessary, therefore, not only to provide protection to passengers seated behind the seat back, but also to ensure that the protective compartment is provided for occupants of the seat.; I hope this letter is helpful. I am sending a copy of this letter t Mr. Gough for his information. Please contact my office if you or he have further questions.; Sincerely, Erika Z. Jones, Chief Counsel