Interpretation ID: Tanabe.1

Kenji Tanabe, Director
Mitsubishi Motors R&D of America, Inc. ,
Regulatory Affairs and Certification
2300 Clarendon Boulevard, Suite 1109
Arlington, VA22201

Dear Mr. Tanabe:

This responds to your August 30, 2005, letter in which you seek clarification regarding any requirements under Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant Protection in Interior Impact, that would be applicable to a removable wind deflector for use on convertible vehicles. Specifically, you asked whether the thin, tubular frame of the folding deflector would constitute a "pillar" when it is in the raised position. You also sought to confirm that the front seat backs would not need to be tested with the vertical surface of the wind deflector in the "up" position, because rear seat occupancy is not possible when the device is installed. We are pleased to have the opportunity to explain the requirements of our regulations, as they relate to your product.

In your letter, you stated that the wind deflector (as depicted in the attached diagrams) would be an original equipment option on certain convertible vehicle models. Its purpose is to reduce wind buffeting on the front seat occupants, thereby improving comfort and reducing noise. Specifically, you stated that the wind deflector is comprised of a "two-piece tubular frame with a pliable mesh screen that creates both a vertical, lateral surface behind the head restraints of the two front seats and a horizontal surface that spans the opening of the two rear seating positions". Your letter also stated that the movable tubular frame does not support the roof or any other structure of the vehicle, and the thin-wall frame is not designed to act as a roll-bar. According to your letter, the horizontal surface of the frame snaps into the rear occupant compartment side interior trim, and from there, the vertical surface can pivot to a vertical position to provide the wind screen. You also stated that the frame is mounted inboard of the windows and that it is not adjacent to or supporting any glazing. Once installed, the wind deflector prevents use of the rear occupant seating area. The following represents our opinion based on the information provided in your letter.

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. One purpose of that standard, of particular relevance here, is to set energy-absorption requirements for the back of the front seat, in order to protect occupants in the rear seat who may be thrown forward in a crash (see S5.2, Seat Backs).

Furthermore, the standard establishes other relevant requirements under S6, Requirements for upper interior components, although a vehicle need not meet those requirements for "[a]ny target located on a convertible roof frame or a convertible roof linkage mechanism" (see S6.3(a)). "Convertible roof frame" is defined in S3 as "the frame of a convertible roof". "Convertible roof linkage mechanism" is defined in S3 as "any anchorage, fastener, or device necessary to deploy a convertible roof frame". The terms "pillar" and "roll-bar" are defined under S3 as follows:

Pillar means any structure, excluding glazing and the vertical portion of door window frames, but including accompanying moldings, attached components such as safety belt anchorages and coat hooks, which:

(1) Supports either a roof or any other structure (such as a roll-bar) that is above the drivers head, or

(2) Is located along the side edge of a window.

Roll-bar means a fixed overhead structural member, including its vertical support structure, that extends from the left to the right side of the passenger compartment of any open body vehicles and convertibles. It does not include a header.

Based upon the information provided in your letter, it is our opinion that your removable wind deflector would not be subject to the requirements of FMVSS No. 201. We agree that the wind deflector in question would not be considered a roll-bar, because it is not a fixed overhead structural member, but is instead readily detachable. We also agree that it is not a pillar, in that it provides no structural support and is not located along the side edge of a window.

Our opinion is contingent upon the fact that the device, when installed, precludes rear seat occupancy. If rear seat occupancy were possible with the wind deflector installed, we would need to determine whether the device would be considered part of the seat back for the purposes of S5.2, because its location would cause concern if a rear seat occupant made contact with your product in the event of a crash.

We note further that if the wind deflector were installed as original equipment on a new motor vehicle, the vehicle manufacturer would be required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable safety standards. For example, the deflector could affect compliance with Standard No. 208, Occupant Crash Protection, (safety belts and other restraint systems), and Standard No. 111, Rearview Mirrors (driver field of view).

If you need further assistance, please contact Eric Stas of my staff at this address or at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

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d.11/5/05