ID: aiam0213

Dear Mr. Peck: This is in response to your letter of February 13, 1970 to th Administrator, in which you requested an interpretation of Standard 206, *Door Locks and Door Retention Components*, as applied to motor homes and chassis-mount campers. Specifically, you asked whether door components must conform to the requirements of the standard when the door is located across the width of the vehicle from a seating position.; The relevant language is in paragraph S4. of the standard: >>>'Side door components referred to herein shall conform to thi standard if any portion of a 90-percentile two-dimensional manikin as described in SAE Practice J826, when positioned at any seating reference point, projects into the door opening area on the side elevation or profile view.'<<<; This language clearly covers, and was intended to cover, the situatio that you describe. The phrase 'projects into the door opening area on the side elevation or profile view' eliminates, in respect to the standard's application, any consideration of the lateral distance of the seating position from the door opening. The door components of vehicles you described in your letter must therefore conform to the standard.; We are pleased to be of assistance. Sincerely, Douglas W. Toms, Director

ID: tri-mark.rbm

Mr. Larry Wright
RV Market Manager
Tri/Mark
Industrial Park
New Hampton, IA 50659





Dear Mr. Wright:





This responds to your letter asking whether your side door locking system would meet the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components (49 CFR 571.206). The answer is yes.

By way of background, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. The following represents our opinion based on the facts set forth in your letter and presented in subsequent conversations with Rebecca MacPherson of my staff.

You have requested confidentiality of your incoming request, and we have granted that confidentiality. In order to adequately address your request, however, we must provide a brief, general description of your door retention system.

You stated that your side door locking system consists of two separate locks. One can be locked and unlocked from either the inside or the outside of the vehicle. This lock, which is not attached to the door handle, is the vehicle's primary locking system. The second can only be locked from the outside of the vehicle, but when so locked, will not prevent an individual inside the vehicle from opening the door. This lock serves as a security feature when the vehicle is parked. The door may be the only door on the vehicle or it may be supplemental to traditional front doors. It typically would not qualify as a front door because it would generally be located behind the driver seat. ⁽¹⁾

You asked whether your side door locking system would comply with the requirements of S4.1.3, S4.1.3.1, and S4.1.3.2 of FMVSS No. 206.

Paragraph S4.1.3, FMVSS No. 206 provides:

Door Locks. Each door shall be equipped with a locking mechanism with an operating means in the interior of the vehicle.

We have interpreted S4.1.3 to require the following features: each door must have a locking mechanism, and there must be an interior operating means for engaging the locking mechanism. In your letter you state that your system has an interior means for engaging one of the two door locks. Accordingly, the requirement of S4.1.3 would be met.

Paragraph S4.1.3.1, FMVSS No. 206 provides:

Side Front Door Locks. When the locking mechanism is engaged, the outside door handle or other outside latch release control shall be inoperative.

Based on your explanation of your design, it is unlikely that the affected door would qualify as a front door. If it does qualify as a front door, the requirements for S4.1.3.1 would also be met since both locks on your system prevent an individual from opening the door when it is locked.

Paragraph S4.1.3.2, FMVSS No. 206 provides:

Side Rear Door Locks. In passenger cars and multipurpose passenger vehicles, when the locking mechanism is engaged both the outside and inside door handles or other latch release controls shall be inoperative.

One of the locks in your system will prevent the door from being opened from either inside or outside the vehicle when the lock is engaged. This lock meets the requirements of S4.1.3.2. The security lock does not meet the requirements of S4.1.3.2. However, this lock is supplemental and is not designed to meet the primary purpose of that section, i.e., preventing individuals from inadvertently opening locked doors while the vehicle is in motion.

Thus, the primary locking mechanism would meet the requirements of either S4.1.3.1 or S4.1.3.2, depending on the placement of the door relative to the driver seat. We note that even though the locking mechanism is not directly linked to the door handle, the door's latch release control, it does render the door handle inoperative since the door remains closed when the locking mechanism is engaged.

I hope this information is helpful to you. Should you have any further questions or desire additional information, please feel free to contact Rebecca MacPherson of my staff at this address or at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:206
d.7/26/00

1. FMVSS No. 206 defines a side front door as a door that in a side view has 50% or more of its opening area forward of the rearmost point on the driver's seatback when the driver's seat is adjusted to its most vertical and rearward position. The Standard defines a side rear door as a door that in a side view has 50% or more of its opening area rear of the rearmost point on the driver's seatback when the driver's seat is adjusted to its most vertical and rearward position.

ID: aiam4220

Dear Mr. Shimizu: Thank you for your letter requesting an interpretation of Standard No 201, *Occupant Protection in Interior Impact*. You asked how the instrument panel impact protection requirements of S3 of the standard would apply to an occupant compartment interior described in your letter. In particular, you asked whether the 'center console' described in your letter would be considered a console assembly that is exempt from the requirements of S3.1 of the standard. I hope the following discussion answers your questions.; S3.1 of the standard sets forth the head impact protection requirement for the instrument panel. S3.1.1, in turn, sets out several exemptions to the instrument panel performance requirements. S3.1.1(a), which provides that the performance requirements do not apply to 'console assemblies,' is the first exemption which is relevant to your design. As depicted in your letter, there is a short structure, which you referred to as the center console, that is mounted on the floor of the vehicle and is located primarily between the vehicle seats. The gear shift lever is mounted in this structure. Although the structure is connected to the bottom of the instrument panel, you pointed out that there is a 'gap,' which appears to be an indentation, between 'the instrument panel and the center console which makes the console and instrument panel area distinct and separate areas.'; The purpose of the head impact requirement is to ensure that portion of a vehicle's instrument panel which are mounted forward of the front seat and are likely to be struck by an occupant's head in a frontal impact provide adequate protection. Thus, the head impact protection requirements apply primarily to the upper portions of the instrument panel. As stated in an interpretation letter of January 12, 1983, to the Blue Bird Body Company, the agency considers the instrument panel to be the vehicle structure below the windshield used to mount a vehicle's gauges. Since the 'center console' described in your letter is a low-lying structure mounted on the floor and lies primarily between the vehicle seats, the agency would consider it to be a console assembly rather than a part of the instrument panel.; The second exemption which is relevant to your design is S3.1.1(e) o the standard. That section exempts areas of the instrument panel that are 'below any point at which a vertical line is tangent to the rearmost surface of the panel.' The area labeled section B in your diagram is such an area and thus does not have to meet the performance requirements of S3.1. The exemption of S3.1.1(e) would also apply to the 'center console' depicted in your diagram, since it also lies below the point at which a vertical line is tangent to the rearmost surface of the panel. The area labeled section A in your diagram is covered by the standard and thus would have to meet the requirements of S3.1; If you need further information, please let me know. Sincerely, Erika Z. Jones, Chief Counsel

ID: 571.209 -- Inflatable Seat Belt Assembly -- Autoliv -- 16-003634 -- 05.22.2017

ID: wolf21888

Mr. Bret W. Wolf
Indiana Vac-Form, Inc.
2030 North Boeing Road
Airport Industrial Park
Warsaw, IN 46580






Dear Mr. Wolf:

This responds to your July 10, 2000, letter regarding replacing rear glazing material on a passenger van with a polycarbonate material.

You state in your letter that you are writing on behalf of a customer, Mr. Charlie Klerner, who is "seeking input to determine the feasibility of a project that entails replacing the right rear glazing material on a Chevrolet Passenger Van for the purpose of replacing it with a Polycarbonate material...so that electronic equipment including a consumer operated touch pad may be installed in the window opening." Mr. Klerner, in correspondence to this office dated July 13, 2000, specifies that the glazing material will be used between the C and D pillar adjacent to the seating of a passenger vehicle. As explained below, glazing made from a polycarbonate material must meet certain performance requirements and may only be used in certain locations on a vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither endorses, approves, nor conducts testing of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

Pursuant to NHTSA's authority, the agency has established FMVSS No. 205, Glazing Materials (49 CFR 571.205), which specifies performance requirements for various types of glazing (called "items"), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways.

You company's product, as a "polycarbonate" material which would replace the existing glazing material in the right rear window opening of a passenger van, is considered to be item 4A glazing subject to the requirements of S5.1.2.11 of Standard No. 205. S5.1.2.11 specifies the locations in a vehicle where rigid plastic for use in side windows rearward of the "C" pillar are permitted. Item 4A glazing is permitted in the following specific vehicle locations (see S5.1.2.11(a)):

(1) All areas in which Item 4 safety glazing may be used (these areas do not include the rear side or rear window area of a passenger van).

(2) Any side window that meets the criteria in (i) and (ii):

(i) is in a vehicle whose rearmost designated seating position is forward-facing and cannot be adjusted so that it is side or rear-facing; and

(ii) the forwardmost point on its visible interior surface is rearward of the vertical transverse plane that passes through the shoulder reference point (as described in Figure 1 of 571.210, Seat belt assembly anchorages (copy enclosed)), of that rearmost seating position.

NHTSA does not permit Item 4A glazing near rear-facing seats or side-facing seats in any motor vehicle because of the concern that occupants (particularly unbelted ones) riding in those seating locations may be able to contact their heads against Item 4A glazing in a crash. The breaking of rigid plastic windows in a crash could leave sharp, pointed shards in the window frame which could easily be contacted by an occupant's head. There is also concern about occupant injury resulting from large shards of rigid plastic glazing being propelled inward by vehicle impacts with trees, poles, or other vehicles. Accordingly, replacing the right rear glazing material on a Chevrolet passenger van with a polycarbonate material adjacent to a passenger seating is generally not permitted.

In addition, S5.1.2.11(a) of Standard No. 205 specifies performance requirements for rigid plastic for use in side windows rearward of the "C" pillar. (See Test Procedures for Item 4A - Rigid Plastic for Use in Side Windows Rearward of the "C" Pillar.) These performance requirements would apply to the polycarbonate glazing material.

Our statute at 49 U.S.C. 30112 (copy enclosed) (formerly 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act ⁽¹⁾) provides that no person shall "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States" any item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell any glazing material for use in motor vehicles (such as the glazing from the polycarbonate material) unless the products comply with applicable requirements of Standard No. 205. Further, it would be a violation of Federal law for any person to manufacture or sell a motor vehicle whose glazing does not comply with the performance and location requirements of Standard No. 205.

In addition, our statute at 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. The polycarbonate glazing material could only be installed by the aforementioned entities if it meets the performance and location requirements of FMVSS No. 205.

Manufacturers of motor vehicle equipment, such as the glazing you describe, also have responsibilities under our statute for any defects related to motor vehicle safety that are determined to exist in their products. The statute requires such manufacturers to notify purchasers about any defects related to motor vehicle safety and to remedy such defects free of charge.

In closing, I would like to draw your attention to FMVSS No. 201, Occupant Protection in Interior Impact, which applies to "....multipurpose passenger vehicles, trucks, and buses, with a GVWR or 4,536 kilograms or less." You should carefully review this standard to determine whether installation of the electronic equipment and touchpad in vehicles subject to FMVSS No. 201 would affect a vehicle's compliance with the standard. While NHTSA has not issued any FMVSSs establishing performance standards directly applicable to an electronic touchpad, the "make inoperative" provision of our statute (30122) prohibits a manufacturer, distributor, dealer, or vehicle repair business from installing the equipment if the installation would adversely affect the compliance of any FMVSS, including FMVSS No. 201.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicle and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,

Frank Seales Jr.
Chief Counsel

cc:  Charles Klerner
      2 Enclosures

ref:205
d.9/25/00

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1. Our statute, formerly the National Traffic and Motor Vehicle Safety Act, was recodified in 1994 without substantive change. It is now codified at Title 49 of the U.S. Code in Chapter 301, Motor Vehicle Safety.)

ID: nht70-2.44

DATE: 12/29/70

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Mitchell & Sons, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of December 16, 1970, requesting a 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 your 14' 6" and 12' 6" campers and should leave 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.

ID: Lewis.3

Mr. Walter J. Lewis
Manager, Regulatory Affairs
Porsche Cars North America, Inc.
980 Hammond Drive, Suite 1000
Atlanta, GA30328




Dear Mr. Lewis:

This responds to your letter asking about the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. You ask: (a) whether Item 4A glazing "may continue to be used in the "C" pillar of vehicles and between the B and D pillars in hearses if those locations meet the criteria for Item 4A glazing"; and (b) if Item 4A glazing may be used in certain locations rearward of the B-pillar on the Porsche Cayman S and Porsche 911 GT2 and GT3 vehicles. As explained below, in answer to both questions, we cannot interpret the standard as permitting Item 4A glazing in side windows in locations other than rearward of the "C" pillar.

S5.5, "Item 4A Glazing," of FMVSS No. 205 states:

Item 4A glazing may be used in all areas in which Item 4 safety glazing may be used, and also for side windows rearward of the "C" pillar.I.e., Item 4A glazing may be used under Item 4A paragraph (b) of ANSI/SAE Z26.11996 only in side windows rearward of the "C" pillar.

"Item 4A paragraph (b)" of ANSI/SAE Z26.11996 states that Item 4A glazing may be used in the following locations: "In a vehicle whose rearmost designated seating position is forward-facing and cannot be adjusted so that it is side or rear-facing and, the forwardmost point on the visible interior surface of the glazing, is rearward of the vertical transverse plane that passes through the shoulder reference point (as described in Figure 1 of 49 CFR 571.210 Seat belt assembly anchorages) of that rearmost seating position".

You believe that FMVSS No. 205 permits the use of Item 4A glazing in side windows anywhere in the vehicle as long as the provisions of "Item 4A paragraph (b)," above, are met. You state that the preamble to an August 12, 1996 final rule permitting Item 4A glazing adopted criteria (in former S5.1.2.11) equivalent to those of Item 4A paragraph (b), above, and that the preamble allowed for a wide application of the glazing.You quote the following from the preamble adopting S5.1.2.11:

Since the adopted criteria do not limit Item 4A installation to locations between the "C" and "D" pillars in station wagons and hatchbacks, they permit Item 4A glazing installation in any vehicle location that can meet that approach. Thus, Item 4A glazing could be installed in the "C" pillar of vehicles and between the "B" and "D" pillars in hearses (funeral coaches) if those locations met the criteria. (61 FR 41739)

Discussion

We cannot agree that S5.5 permits Item 4A glazing in side windows in locations other than rearward of the C pillar. The wording of S5.5 is clear that Item 4A glazing may be used only in side windows rearward of the C pillar. The regulatory history of S5.5 also illustrates that the reference to the C pillar was not inadvertent, as explained below.

FMVSS No. 205 incorporates by reference the American National Standard Institutes (ANSI) Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways (ANSI Z26.1). In July 2003, NHTSA amended FMVSS No. 205 to update the reference from the then-referenced 1977 version of ANSI Z26.1 to the 1996 ANSI standard (July 25, 2003; 68 FR 43964). At the time, the agency believed that the requirements for Item 4A glazing were adequately presented in the 1996 version of ANSI Z26.1, and accordingly deleted S5.1.2.11 that had specified the locations in which Item 4A glazing may be used. The agency subsequently realized that the 1996 ANSI standard does not contain the location restriction for Item 4A glazing that the agency sought to have. NHTSA published a correction to the final rule (68 FR 55544; September 26, 2003) to add S5.5 to the standard "to make clear that Item 4A glazing is only permitted for use in side windows rearward of the C pillar." The September 26, 2003 final rule takes precedence over the preamble of the August 12, 1996 final rule. In light of the 2003 correction, which reflected the agencys view of the standard as permitting Item 4A glazing only in side windows rearward of the C pillar, ^[1] we cannot interpret S5.5 as you suggest.

We note further that even the August 12, 1996 final rule whose preamble you quote placed the regulatory text permitting Item 4A glazing under the heading, "S5.1.2.11 Test procedures for Item 4ARigid Plastic for Use in Side Windows Rearward of the "C" pillar" (emphasis added). Thus, even S5.1.2.11 did not permit Item 4A glazing to be used forward of the C pillar.

In your letter (with accompanying photographs), you discussed the Porsche Cayman S and Porsche 911 GT2 and GT3 vehicles. The vehicles do not have rear designated seating positions. You ask if Item 4A glazing is permitted for side windows forward of the C pillar "[u]sing the same logic applied to the hearse case discussed in the 1996 final rule (i.e., that there is no opportunity for head contact with this piece of glazing) ." Interpreting S5.5 as you suggest would render meaningless the agencys statements in the September 26, 2003 document, discussed above, that made clear that Item 4A glazing is only permitted for use in side windows rearward of the C pillar. Accordingly, for the reasons discussed above, we cannot interpret the standard as permitting Item 4A glazing in side windows in locations other than rearward of the C pillar.

If you have any further questions, please feel free to contact us at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

ref.205
d.4/25/06





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^[1] In a July 12, 2005 document further correcting S5.5, the agency reiterated that it had corrected the standard after discovering that the incorporation of the 1996 version of ANSI/AE Z26.1 "inadvertently permitted item 4A glazing to be used in side windows rearward of the B pillar".

ID: 86-5.38

TYPE: INTERPRETATION-NHTSA

DATE: 10/27/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Tsuyoshi Shimizu

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Tsuyoshi Shimizu Vice-President MMC Services, Inc. 3000 Town Center - Suite 1960 Southfield, MI 48075

Dear Mr. Shimizu:

Thank you for your letter requesting an interpretation of Standard No. 201, Occupant Protection in Interior Impact. You asked how the instrument panel impact protection requirements of S3 of the standard would apply to an occupant compartment interior described in your letter. In particular, you asked whether the "center console" described in your letter would be considered a console assembly that is exempt from the requirements of S3.1 of the standard. I hope the following discussion answers your questions.

S3.1 of the standard sets forth the head impact protection requirements for the instrument panel. S3.1.1, in turn, sets out several exemptions to the instrument panel performance requirements. S3.1.1(a), which provides that the performance requirements do not apply to "console assemblies," is the first exemption which is relevant to your design. As depicted in your letter, there is a short structure, which you referred to as the center console, that is mounted on the floor of the vehicle and is located primarily between the vehicle seats. The gear shift lever is mounted in this structure. Although the structure is connected to the bottom of the instrument panel, you pointed out that there is a "gap," which appears to be an indentation, between "the instrument panel and the center console which makes the console and instrument panel area dist? and separate areas."

The purpose of the head impact requirement is to ensure that portions of a vehicle's instrument panel which are mounted forward of the front seat and are likely to be struck by an occupant's head in a frontal impact provide adequate protection. Thus, the head impact protection requirements apply primarily to the upper portions of the instrument panel. As stated in an interpretation letter of January 12, 1983, to the Blue Bird Body Company, the agency considers the instrument panel to the vehicle structure below the windshield used to mount a vehicle's gauges. Since the "center console" described in your letter is a low-lying structure mounted on the floor and lies primarily between the vehicle seats, the agency would consider it to be a console assembly rather than a part of the instrument panel.

The second exemption which is relevant to your design is S3.1.1(e) of standard. That section exempts areas of the instrument panel that are "below any point at which a vertical line is tangent to the rearmost surface of the panel." The area labeled section B in your diagram is such an areas and thus does not have to meet the performance requirement of S3.1. The exemption of S3.1.1(e) would also apply to the "center console" depicted in your diagram, since it also lies below the point which a vertical line is tangent to the rearmost surface of the panel. The area labeled section A in your diagram is covered by the standard thus would have to meet the requirements of S3.1.

If you need further information, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Erika Jones, Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590

This letter serves to request an interpretation of FMVSS 20. Occupant Protection in Interior Impact, for the passenger vehicle interior which is cross-sectioned in the enclosure.

S3.1.1 (a) and (e) of 49 CFR 571.201 describes that console assemblies and areas below any point at which a vertical ? tangent to the rearmost surface of the panel do not apply to the requirements of S3.1.

We believe that the "center console" shown in the cross-section should be considered a console assembly by virtue of a gap between the instrument panel and the center console which ? the console and instrument panel area distinct and separate areas. The impact area would be the upper portion from the rearmost surface (see Section A). Section B would be the area below any point at which a vertical line is tangent to the rearmost surface of the panel.

Please inform us in a timely manner whether our interpretation is correct. If you have any questions, please contact me at (313) 353-5444.

Sincerely,

Tsuyoshi Shimizu Vice-President MMC Services, Inc.

ID: nht70-1.44

DATE: 03/10/70

FROM: D. W. TOMS -- DIR., NHTSA; SIGNATURE BY ROBERT BRENNER

TO: Recreational Vehicle Institute, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of February 13, 1970 to the Administrator, in which you requested an interpretation of Standard 206, Door Locks and Door Retention Components, as applied to motor homes and chassis-mount campers. Specifically, you asked whether door components must conform to the requirements of the standard when the door is located across the width of the vehicle from a seating position.

The relevant language is in paragraph S4. of the standard:

"Side door components referred to herein shall conform to this standard if any portion of a 90-percentile two-dimensional manikin as described in SAE Practice J826, when positioned at any seating reference point, projects into the door opening area on the side elevation or profile view."

This language clearly covers, and was intended to cover, the situation that you describe. The phrase "projects into the door opening area on the side elevation or profile view" eliminates, in respect to the standard's application, any consideration of the lateral distance of the seating position from the door opening. The door components of vehicles you described in your letter must therefore conform to the standard.

We are pleased to be of assistance.

ID: LWP008657

Mr.Robert Babcock
Manager, Corporate Affairs
Hyundai-Kia America Technical Center, Inc.
6800 Geddes Road
Superior Township, MI 48198




Dear Mr.Babcock:

This responds to your letter asking about Federal Motor Vehicle Safety Standard (FMVSS) No.201s requirements for instrument panels, set forth in S5.1.You ask whether an interior component contiguous to the instrument panel of a future model shown in a photograph and diagram you submitted would be excluded from meeting S5.1 under a provision of S5.1.1 of the standard.Our answer is yes.(We note that by letter dated November 3, 2005, you removed the request for confidentiality related to your interpretation request.)

The photograph shows an instrument panel (dashboard) of a vehicle.The instrument panel forms a T-shape design with a contiguous structure that contains the gear shift lever and some dials and compartments.The design is visually similar to "one-piece" dashboard and console assemblies that do not have a space separating the dashboard from the console assembly.However, in your design, the contiguous structure containing the gear shift lever does not extend all the way rearward between the driver and passenger seats.It extends less than a foot below the instrument panel.

FMVSS No.201 establishes performance requirements designed to reduce the risk of injury in the event an occupant strikes the interior of a vehicle during a crash.Certain areas within the vehicle must be properly padded or otherwise have energy absorbing properties to provide head protection in the event of an impact.The requirements for instrument panels are set forth in S5.1.S5.1 states, "Except as provided in S5.1.1, when that area of the instrument panel that is within the head impact area is impacted" by a head form, the deceleration of the head form shall be within specified limits.The exceptions relevant to your letter are S5.1.1(a) and (e).

S5.1.1(a) of FMVSS No.201 excludes console assemblies from the head impact protection requirements of the standard.Although console assemblies are not defined in FMVSS No.201, we have noted in previous interpretations that we regarded a "low-lying structure mounted on the floor and [lying] primarily between the vehicle seats" to be a console assembly. (September 21, 1988 letter to Mr.Hiroshi Kato; October 27, 1986 letter to Mr.Shimizu.)The structure you ask about in your design does not extend between the seats and is not "mounted to the floor". It is thus different from structures we called console assemblies in the past.

However, S5.1.1(e) of FMVSS No.201 excludes from the head impact protection requirements "[a]reas below any point at which a vertical line is tangent to the rearmost surface of the panel". You suggest that the rearmost surface of the instrument panel in this vehicle is the rearmost surface of the dashboard at the right front passenger seating position.Based on your letter, we agree with you that the line you have drawn on your photograph shows the rearmost surface of the instrument panel.Areas below any point at which a vertical line is tangent to that rearmost surface are excluded from S5.1.

If you have further questions, please contact us at (202) 366-2992.

Sincerely,

Stephen P.Wood
Acting Chief Counsel

ref:201
d.1/24/06