ID: aiam4255

Dear Mr. Wallace: Thank you for your letter of June 19, 1985, concerning how ou regulations would affect the use of certain glazing materials in buses. You explained that the Transit Authority has recently contracted to have several hundred buses rehabilitated. As a part of that work, the side glazing of the buses was replaced with glazing that contained the following markings, 'Lexan, MR 5000 sheet, ANSI Z 26-1, Camplas, NY.'; Subsequent to receipt of your letter, we received additiona information from General Electric, the manufacturer of Lexan, concerning the glazing material used in the side windows of your buses. According to General Electric, the Lexan glazing material used in these windows can meet all of the performance requirements set in Standard No. 205 for 'AS-5' glazing materials. The glazing material apparently was not marked as 'AS-5' material. As discussed below, if the only markings on the glazing are the markings you described in your letter, the glazing apparently does not comply with the marking requirements of Standard No. 205, *Glazing Materials*.; Standard No. 205 specifies performance and location requirements fo glazing used in new vehicles and glazing sold as replacement equipment. (The various types of glazing are designated as 'items' in the standard.) Plastic glazing materials, such as Lexan, can be used in a number of different locations in a bus depending on which performance requirements the glazing meets. If the plastic glazing meets the requirements set for AS-5 glazing materials, it can be used in any window in a bus, except for the windshield, the windows to the immediate right and left of the driver, and the rearmost windows, if used for driving visibility.; In addition to setting performance requirements for different items o glazing, the standard requires glazing materials to contain certain markings. The marking requirements of S6 of the standard vary depending on the intended use of the glazing and the person that is marking the glazing. At a minimum, the standard requires the glazing to be marked with the AS number (which indicates that the material meets the performance requirements set for that 'item' of glazing material), a model number and the manufacturer's logo. The information you provided about the markings on the glazing installed in your buses indicates that the glazing does not have an AS number marked on it.; Any glazing sold for use in a motor vehicle must conform to th applicable requirements of Standard No. 205. Since there appears to be an apparent noncompliance, we have been in contact with General Electric to obtain further information about this possible noncompliance. Our regulations do not preclude the Transit Authority from operating a vehicle with noncomplying glazing materials, however, you should check with State authorities to determine the effect of New York law on operating these buses.; Thank you for bringing this matter to the attention of the agency. I you need further information, please let me know.; Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam2992

Dear Mr. Murakami: This responds to your letter of January 23, 1979, concerning a ne design belt system for rear seat lap belts that you would like to use in future vehicles. You ask if the proposed design would comply with the requirements of Safety Standard No. 208.; The answer to your question depends in which seating position in th rear seat of the vehicle the proposed belt system would be used. The new design would not comply with paragraph S7.1.1 of Safety Standard No. 208 if installed at outboard designated seating positions in the rear seat. That paragraph requires lap belts to adjust by means of an emergency- locking or automatic-locking retractor to fit persons whose dimensions range from those of a 50th-percentile 6-year-old child to those of a 95th percentile adult male. In some cases your proposed design would not adjust automatically to fit a 95th- percentile adult male.; The proposed design would comply with the standard, however, i installed in the center seating position of the rear seat, since paragraph S7.1.1.2 specifies that a seat belt assembly installed at any designated seating position other than the outboard positions of the front and second seats shall adjust either by a retractor or by a manual adjusting device.; Since your new belt system design would currently be precluded fo outboard designated seating positions, you may wish to petition for amendment of Safety Standard No. 208. Any petition should include an adequate description of the belt design, including: (1) seating positions for which the belt system would be applicable, (2) advantages of the system, (3) size of the belt system hardware, and (4) problems, if any, associated with automatic retraction of the belt system.; The National Highway Traffic Safety Administration hereby grants you request for confidentiality of the new belt system design described in your letter. Please notify us if the design becomes public in the future. Also, please note that if you petition for rulemaking in this area, the details of your belt design would probably have to be disclosed to the public, at least in general terms.; Sincerely, Frank Berndt, Acting Chief Counsel

ID: aiam4229

Dear Mr. Muirhead: Thank you for your letter of August 2, 1986 to William Smith of thi agency, requesting information on which of the agency's regulations would apply to a new product you are considering as an item of original and aftermarket equipment. Your letter was referred to my office for reply. You described the product as a cross-bed seat for use in pickup trucks. The seat would be made of plastic and supported by a fabricated metal frame and be mounted in the front of the truck bed facing the rear. According to your description, the seat would have safety belts. The following discussion explains the application of our regulations to your potential product.; Since your potential product would be used as a seating position in motor vehicle while the vehicle is in motion, each occupant position on the seat would be considered a designated seating position by the agency. If your product is installed as an item of original equipment on a truck before its sale to its first purchaser, the designated seating positions must conform to the requirements of Standard No. 207, *Seating Systems*, Standard No. 208, *Crash Protection*, Standard No. 209, *Seat Belt Assemblies*, and Standard No. 210, *Seat Belt Assembly Anchorages*. I have enclosed an information sheet explaining how you can obtain copies of our safety standards.; If your product is sold as an item of aftermarket equipment to b installed by a vehicle owner, it would not be required to comply with Standard Nos. 207, 208, and 210. However, the safety belts provided with the seat would have to comply with Standard No. 209.; Finally, as a manufacturer of an item of motor vehicle equipment, yo have a responsibility under section 15 *et seq*. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of an information sheet briefly describing those responsibilities is enclosed.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: aiam4269

Dear Mr. Torrey: Thank you for your letters of August 13, and 26, 1986, concerning ho the requirements of Standard No. 205, *Glazing Materials*, apply to glazing materials installed in the side windows of some New York City Transit Authority (NYCTA) buses. As explained below, the information you provided in your letters and in your phone conversations with Stephen Oesch of my staff and the information provided by NYCTA in a June 19, 1986 letter to the agency indicates the glazing materials installed in the NYCTA buses do not comply with the marking requirements of the standard.; You explained in your letter that the glazing material used in the sid and standee windows in the buses is Lexan sheet, which is a plastic material manufactured by General Electric. According to your letter the Lexan glazing material used in these windows can meet all of the performance requirements set in Standard No. 205 for 'AS-5' glazing materials. However, the material apparently was not marked as 'AS-5' material, but may have instead been marked 'AS-4/6.' (Information provided to the agency by the NYCTA in June 1986 indicates that the windows did not contain any 'AS' number. At the time of your phone conversation with Mr. Oesch, you had not been able to confirm what markings, if any, had been placed on the glazing material by General Electric).; Standard No. 205 specifies performance and location requirement fo glazing used in new vehicles and glazing sold as replacement equipment. (The various types of glazing are designated as 'items' in the standard). Plastic glazing materials, such as Lexan, can be used in a number of different locations in a bus depending on which performance requirements the glazing meets. If the plastic glazing meets the requirements set AS-5 glazing materials, it can be used in any window in a bus, except for the windshield, windows to the immediate right and left of the driver and the rearmost windows if used for driving visibility.; In addition to setting performance requirements for different items o glazing, the standard requires glazing materials to contain certain markings. The marking requirements of S6 of the standard vary depending on the intended use of the glazing and the person that is marking the glazing. At a minimum, the standard requires the glazing to be marked with the AS number (which indicates that the material meets the performance requirements set for that 'item' of glazing material), a model number and the manufacturer's logo. The information the agency has received about the markings on the glazing installed in the NYCTA buses indicates that the glazing does not have an AS number marked on it.; Any glazing sold for use in a motor vehicle must conform to th applicable requirements of Standard No. 205. Since there appears to be an apparent noncompliance, General Electric is required by Part 575 of our regulations to file a report with the agency providing additional details about the noncompliance and General Electric's plans to remedy the noncompliance. As you requested Mr. Oesch, I am also enclosing a copy of the agency's regulation concerning the filing of a petition for a determination that a noncompliance is inconsequential.; If you have any further questions, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: nht90-3.69

TYPE: Interpretation-NHTSA

DATE: August 27, 1990

FROM: William Shapiro -- Manager, Regulations and Compliance, Volvo Cars of North America

TO: Paul J. Rice -- Chief Counsel, NHTSA

TITLE: Re FMVSS 210, Request for Interpretation

ATTACHMT: Attached to letter dated 11-9-90 from P.J. Rice to W. Shapiro (A36; Std. 210)

TEXT:

Section 4.3.2 of FMVSS 210 sets forth the anchorage location requirements for the upper torso portion of type 2 seat belt assemblies. Section 3 defines seat belt anchorage as the provision for transferring seat belt assembly loads to the vehicle structu re.

Volvo is currently designing a type 2 seat belt assembly for the rear seating positions of a proposed vehicle. The retractor is mounted within the seat back, in order to improve the seat belt geometry, to increase the comfort of the occupants, and to al low movement of the seat back. The retractor is located outside of the zone specified in Section 4.3.2, figure 1. However, the shoulder portion of the belt travels from the retractor through a device we are calling a "belt anchor", which is the functio nal equivalent of a d-ring. Kindly see the attached drawings, Appendices A & B, for clarity.

The belt anchor is located within the specified zone. Its function is to transfer the seat belt assembly load to the vehicle structure, and to determine the angle the belt crosses the vehicle occupant.

This belt anchor complies with the force requirements of the standard. Please see the attached drawings, Appendices C, D & E for the forces in the proposed design. For comparison, Appendices F & G show the forces on a current vehicle.

Volvo believes that a correct interpretation of FMVSS 210 in this case is that the belt anchor is the upper anchorage point for this seat belt system. Please confirm this for us.

Our engineers must finalize the design by this Fall. As such, we respectfully request that you reply by November 1, 1990.

Thank you for your attention to this matter. Should you have any questions, kindly contact Linda Gronlund of my office at 201-767-4815.

ID: aiam5170

"Dear Mr. Betts: This responds to your letter of February 22, 1993 concerning free standing furniture in motor vehicles. Specifically, you asked whether a dinette table and its chairs must be secured to the floor in a motor home. You also asked whether the chairs would be considered designated seating positions. I am pleased to have this opportunity to explain our laws and regulations to you. NHTSA is authorized under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA has not established any safety standards which would apply to the dinette table. With respect to the dinette chairs, NHTSA has used this authority to establish Federal Motor Vehicle Safety Standard No. 207, Seating Systems (49 CFR 571.207), which specifies strength requirements for occupant seats. An 'occupant seat' is defined in S3 of Standard No. 207 as 'a seat that provides at least one designated seating position.' NHTSA has also exercised its authority under the Safety Act to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208), which specifies performance requirements for the protection of vehicle occupants in crashes. These requirements are also directed toward the occupants of 'designated seating positions.' The term 'designated seating position' is defined at 49 CFR 571.3 as: any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. Attached dinette seats in motor homes are 'designated seating positions' under this definition and are therefore required to comply with the requirements of Standard No. 207. In addition, Standard No. 208 requires these seats to be equipped with seat belts. The type of seat belt required varies depending on the seating capacity and gross vehicle weight rating of the vehicle. Your letter raises the question of whether seats that are not attached to the vehicle would be considered 'auxiliary seating accommodations' and therefore not 'designated seating positions.' It is our opinion that attachment is not determinative. A manufacturer cannot escape the responsibilities of Standards Nos. 207 and 208 simply by not attaching the seat. We would look at all relevant factors in determining whether a particular seat is an auxiliary seating accommodation such as temporary or folding jump seat. I also note that S.4.4 of Standard No. 207 requires that seats not designated for occupancy while the vehicle is in motion shall be conspicuously labeled to that effect. I must emphasize, however, that the concept of free standing furniture in motor vehicles raises a potentially serious safety concern. Unattached items, including but not limited to furniture, could be very dangerous to vehicle occupants if these items are free to move inside the occupant compartment during sudden stops or in a crash. Manufacturers of motor vehicles are subject to the defect provisions of the Safety Act. If a vehicle manufacturer included unattached items that exposed occupants to an unreasonable risk of injury, it could constitute a safety related defect that could require the manufacturer to conduct a safety recall. I have enclosed an information sheet that identifies relevant Federal statutes and NHTSA standards and regulations affecting motor vehicle and motor vehicle equipment manufacturers, and explains how to obtain copies of these materials. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";

ID: aiam2482

Dear Mrs. Reynolds: In reply to your letter to Fred Vetter of May 6, 1977, concerning th knee room required for passengers in a small school bus, I think it is essential for your members to understand that the terms 'Type I' and 'Type II' are meaningless in the context of the motor vehicle safety standards. There is a difference in the seat spacing requirements for large buses and small buses, but in deciding which spacing a particular bus must meet, the manufacturers must use the criteria of the standards under 49 CFR Part 571, and not the Type I/Type II distinction.; In dealing with the motor vehicle safety standards applicable to schoo buses, two criteria determine the applicability of various requirements: seating capacity and vehicle weight. The seating capacity of a vehicle determines whether a vehicle is to be considered a school bus. Under the definitions of bus and school bus in 49 CFR S571.3, the critical number of passengers is 10. If a motor vehicle is designed to carry 'more than 10 persons,' it is a bus. If a bus is sold 'for purposes that include carrying students to and from school or related events' it is a school bus. *All* school buses must conform to the applicable requirements of Motor Vehicle Safety Standard No. 222, *School Bus Passenger Seating and Crash Protection*.; Standard No. 222, however, makes the criterion of weight relevant i determining the spacing between seats. In a bus with a gross vehicle weight rating (GVWR) of more than 10,000 pounds, section 5.2 of the standard requires each passenger seat to have either a seat back or a restraining barrier within 20 inches of the 'seating reference point,' a design point that is roughly 5.2 inches forward of the seat back. Measured from the seat back, therefore, all school buses with GVWR's of more than 10,000 pounds must provide 'knee room' of not more than about 25.2 inches. School buses with GVWR's of 10,000 pounds or less do not have to meet the spacing requirements.; Any school buses that your members purchase will therefore have to mee the spacing requirements of Standard No. 222 if they weigh more than 10,000 pounds. This weight corresponds roughly to a bus with a seating capacity of 14-17 persons, so that *most* 'Type I' school buses would have to meet the spacing requirements, and *most* 'Type II' buses would not. Always keet in mind that it is the school bus's weight, not its seating capacity, that determines the applicability of the spacing requirement.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2699

Dear Mr. Iinuma: This is in response to your letter of October 11, 1977, askin questions regarding application of the set and dent limitations contained in Part 581, *Bumper Standard*.; Your letter contained a series of diagrams about which questions on th applicability of the bumper damage criteria were asked. The questions are answered in the order in which they were posed.; 1. A total deformation of 9/8-inch is allowed only at the points on th bumper which actually come into contact with the impact ridge of the pendulum test device or the barrier face. All other bumper surfaces are limited to deformation no greater than 3/4-inch set.; 2. The crack illustrated in Question 2 would not be a dent as describe in S 581.5(c)(11)(ii). A crack that did not entail a measurable separation of the exterior surface of the bumper face bar, would not constitute a deviation in the contour of that component.; 3. Dimension A measures the change in contour and should be used t determine the size of the dent at the point of contact with the impact ridge of the pendulum test device or the barrier face.; 4. The straight line to measure the dent would be that labeled 'D since it connects the bumper contours adjoining the area of contact with the impact ridge of the pendulum test device. The size of the dent would be the distance from the original contour surface to the final deformation surface at the point of contact with the impact ridge.; 5. Dimension B identifies the amount of bumper set since it marks th distance of maximum change in the position of the bumper face bar relative to the vehicle frame.; 6. Since dents only occur at the point of contact with the impact ridg of the pendulum test device or the barrier face, the deformations described in the illustrations would be set.; 7. Since the deformation is not at the point of contact with either th impact ridge of the pendulum test device or the barrier face, it is set.; 8. If the operating force initially required to open the hood followin impact is within a range that permits operation by the normal universe of drivers, unaided by any tools, it would probably not be considered a noncompliance under the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam3089

Dear Mr. Ohinouye: This responds to your recent letter requesting an interpretatio concerning the proper 'designated seating capacity' for the 'Dodge D-50' and 'Plymouth Arrow' pick- up trucks. The trucks with which you are concerned have bench seats with 53.5 inches of hip room, with a contoured indentation at the center position for the gear shift lever. You believe that only two positions should be designated for this type of bench seat.; As stated in the preamble to the recent notice amending the definitio of 'designated seating position', and noted in your letter, the presence of a floor gear-shift lever would not normally be sufficient to discourage or make use of the center position on a large bench seat impossible, even if the bench seat has a slightly indented contour for the shift lever (44 FR 23232, April 19, 1979). The notice did state that there could conceivably be a vehicle design in which the gear-shift lever would constitute an impediment to sitting. For example, if the lever extended to within a few inches of the seat back, the center position could not easily be used. This does not appear to be the case with the 'Dodge D-50' or 'Plymouth Arrow', however.; Since the bench seats in the subject vehicles have 53.5 inches of hi room, well over the 50-inch caveat in the amended definition, it is the agency's opinion that there should be three designated seating positions. The photographs enclosed in your letter show that three test dummies can be placed on the bench seat, even though somewhat crowded. Moreover, these photographs show two 95th-percentile male dummies and one 5th-percentile female dummy. If two (or three) 5th-percentile female dummies had been used in your demonstration, instead, you would have illustrated that there is more than ample room for three passengers to sit comfortably on a 53.5-inch bench seat. Also, human beings obviously have more flexibility than the stiff test dummies used in your demonstration. We believe that if you use human subjects in this same experiment (a 95th-percentile male driver and two 5th-percentile female passengers, for example), you will see that three persons can easily and comfortably occupy these bench seats.; Finally, I would emphasize that this letter only represents th agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam3088

Dear Mr. Ohinouye: This responds to your recent letter requesting an interpretatio concerning the proper 'designated seating capacity' for the 'Dodge D-50' and 'Plymouth Arrow' pick- up trucks. The trucks with which you are concerned have bench seats with 53.5 inches of hip room, with a contoured indentation at the center position for the gear shift lever. You believe that only two positions should be designated for this type of bench seat.; As stated in the preamble to the recent notice amending the definitio of 'designated seating position', and noted in your letter, the presence of a floor gear-shift lever would not normally be sufficient to discourage or make use of the center position on a large bench seat impossible, even if the bench seat has a slightly indented contour for the shift lever (44 FR 23232, April 19, 1979). The notice did state that there could conceivably be a vehicle design in which the gear-shift lever would constitute an impediment to sitting. For example, if the lever extended to within a few inches of the seat back, the center position could not easily be used. This does not appear to be the case with the 'Dodge D-50' or 'Plymouth Arrow', however.; Since the bench seats in the subject vehicles have 53.5 inches of hi room, well over the 50-inch caveat in the amended definition, it is the agency's opinion that there should be three designated seating positions. The photographs enclosed in your letter show that three test dummies can be placed on the bench seat, even though somewhat crowded. Moreover, these photographs show two 95th-percentile male dummies and one 5th-percentile female dummy. If two (or three) 5th-percentile female dummies had been used in your demonstration, instead, you would have illustrated that there is more than ample room for three passengers to sit comfortably on a 53.5-inch bench seat. Also, human beings obviously have more flexibility than the stiff test dummies used in your demonstration. We believe that if you use human subjects in this same experiment (a 95th-percentile male driver and two 5th-percentile female passengers, for example), you will see that three persons can easily and comfortably occupy these bench seats.; Finally, I would emphasize that this letter only represents th agency's opinion based on the information supplied in your letter. The NHTSA does not pass approval on any vehicle design, for any safety standards, prior to the actual events that underlie certification. It is up to the manufacturer to determine whether its vehicles comply with all applicable safety standards and regulations, and to certify its vehicles in accordance with that determination.; Sincerely, Frank Berndt, Chief Counsel