ID: 10315

Mr. Gary BlousJ
V.P. Engineering
Fitting Image
2075 Adams Avenue
San Leandro, CA 94577

Dear Mr. BlousJ:

This responds to your letter asking about how this agency's regulations might apply to your product. I apologize for the delay in sending this letter. In your letter, you described your product as a bag holder for the interior of vehicles, designed to attach to the head restraint and hang on the back side of the front seats. Based on the illustration you provided, the bag holder appears to be a 12 inch flexible strap that attaches to the head restraint, with a "rigid plastic" hook at the end from which plastic grocery bags are suspended.

The short answer to your question is that, while there are no regulations that apply directly to your product, there are Federal requirements that may affect the sale of this product. I am enclosing a copy of a fact sheet titled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards (FMVSS's) for new motor vehicles and new items of motor vehicle equipment. NHTSA's authority to issue these regulations is based on title 49, section 30102(7) of the U.S. Code (formerly the National Traffic and Motor Vehicle Safety Act), the relevant part of which defines the term "motor vehicle equipment" as:

(A) any system, part, or component of a motor vehicle as originally manufactured; (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component or as any accessory, or addition to a motor vehicle . . . (emphasis added).

Although you appear to recognize the applicability of our regulations, based on your characterization of your product as "after market equipment," allow me to explain how NHTSA

determines whether an item of equipment is considered an accessory under the U.S. Code. The agency applies two criteria. The first criterion is whether a substantial portion of its expected uses are related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus subject to the provisions of the U.S. Code.

Your bag holder appears to be an accessory and thus an item of motor vehicle equipment under our regulations. It appears to be designed specifically to fit in motor vehicles using the head restraints, meaning that a substantial portion of its expected use relates to motor vehicle operation. The bag holder would typically be purchased and used by ordinary users of motor vehicles (i.e., anyone using the vehicle).

While your bag holder is an item of motor vehicle equipment, NHTSA has not issued any standards for such an item. However, you as a manufacturer of motor vehicle equipment are subject to the requirements in sections 30118-30122 of Title 49 of the U.S. Code concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Although no standards apply directly to the bag holder, there are other provisions of law that may affect the manufacture and sale of your product. NHTSA has issued a safety standard (Standard No. 201, Occupant protection in interior impact) that requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Installation of your product on the back of front seats could have an impact on compliance with that standard. If your bag holder were installed so that a hard object (e.g., the rigid plastic hook) were to be struck by the occupant's head, the requisite amount of cushioning might not be achieved. We do not know how big or how "rigid" the hook is, but it is something of which you should be aware.

Other legal requirements could apply depending on how your product is marketed. If your product were installed by a vehicle manufacturer as original equipment, the vehicle manufacturer would have to certify that the vehicle with the bag holder installed complies with all FMVSS's, including Standard No. 201. In addition, although we recognize it would be unlikely that your product would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, section 30122(b) of title 49 prohibits those commercial businesses from "knowingly mak[ing] inoperative any part of a device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard . . ." For instance, compliance with Standard No. 201 might be degraded if the bag holder were mounted in front of rear seat passengers. Any violation of this "make inoperative" prohibition would subject the violator to a potential civil penalty of up to $1,000 for each violation.

The "make inoperative" prohibition does not apply to modifications that vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your bag holder in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, NHTSA encourages vehicle owners not to degrade any safety device or system installed in their vehicles. In addition, individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles, so you might wish to consult State regulations to see whether your device would be permitted.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Mr. Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:VSA d:2/13/95

ID: 10316

Mr. Ken Daining
Supervisor, Vehicle Test and Development
ITT Automotive
3000 University Drive
Auburn Hills, MI 48326

Dear Mr. Daining:

This responds to your letter about Federal requirements applicable to an "on/off switch" for antilock brake systems (ABS). I apologize for the delay in our response. You stated that Chrysler Jeep owners disengage their ABS in response to the "perceived degraded performance it offers on off-road situations." You mentioned the possibility of designing a vehicle's gear system so that the ABS function is automatically disengaged when the vehicle is shifted into the four wheel drive-LO configuration. As explained below, while both manual and automatic ABS on/off switches are permitted under the current requirements, neither is required.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under Title 49, Chapter 301 of the U.S. Code to issue FMVSSs that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment, as is the practice in Europe. Instead, Chapter 301 establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

The agency has used this authority to issue FMVSS No. 105, Hydraulic Brake Systems, which specifies requirements for hydraulic service brake and associated parking brake systems. This Standard does not contain any provision requiring or prohibiting ABS. Likewise, it does not contain any provision requiring or prohibiting either a manual or automatic ABS on/off switch. Accordingly, either type of switch is permitted under the standard, provided the vehicle complies with the standard both when the device is "on" and when the device is "off."

FMVSS No. 105 will continue to apply to multipurpose passenger vehicles (MPVs), notwithstanding the agency's recent adoption of FMVSS No. 135 Hydraulic Brake Systems; Passenger Car Brake Systems, which applies only to passenger car brake systems (60 FR 6411, February 2, 1995). Even though FMVSS No. 135 does not apply to MPVs, you should be aware that FMVSS No. 135 prohibits passenger cars from being equipped with ABS disabling switches. The agency stated in a July 1991 notice that "such a switch could be left off when the ABS is needed, and that therefore, it would be more likely to be harmful than beneficial." Please note that this prohibition does not become immediately effective, even for passenger cars, since manufacturers can continue to certify compliance to FMVSS No. 105 for five years after FMVSS No. 135 takes effect.

If an automatic or manual ABS on/off switch were installed in a used vehicle, such a device must not "make inoperative" the vehicle's compliance with FMVSS No. 105. Specifically, 49 U.S.C. 30122 prohibits a motor vehicle manufacturer, distributor, dealer or repair business from installing such a device if the installation "makes inoperative" compliance with any safety standard. For instance, if a vehicle could only comply with the stopping distance or other service brake requirements in Standard No. 105 when the ABS is activated, then installation of the switch would serve to make inoperative compliance with the safety standard.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:105 d:3/8/95

ID: 10333

Mr. Harold Sousa
32-30 54 Street - Woodside
New York, NY 11377

Dear Mr. Sousa:

This responds to your letter asking about whether you can import a product into the United States. You stated that the product uses air pressure from a vehicle's brake system to "prevent the air from escaping from the tires of trucks and buses" and "keeps air pressure in the case of punctur (sic)." I am pleased to have this opportunity to explain how this agency's requirements apply to the manufacture and importation of such a product. The following represents our opinion based on the facts provided in your letter.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), regulates the manufacture of motor vehicles and motor vehicle equipment. Under our governing statute, the manufacturer must certify that its vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS). Importers are included in the definition of "manufacturer" under our statute.

NHTSA does not have any specific regulations covering a tire pressure device such as you describe. However, since this device is tied into a vehicle's air brake system, it could affect a vehicle's compliance with Standard No. 121, Air Brake Systems.

If the device is installed as original equipment on a new vehicle, the vehicle manufacturer is required to certify that, with the device installed, the vehicle satisfies the requirements of all applicable Federal safety standards. If the device is added to a previously certified new motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer of a previously certified motor vehicle and would be required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.

One relevant issue is whether your device is considered an integral part of the brake system in the sense that it would need to comply with certain of Standard No. 121's requirements. A related issue is whether certain parts of the device are considered brake hoses and therefore subject to the requirements of Standard No. 106, Brake Hoses.

We do not have sufficient information about your device to specifically address these issues. I can advise you, however, that your device would not be considered part of the braking system if it were separated from the vehicle's main braking system by a check valve in such way that the main braking system would not be affected by a leakage failure in the device. Moreover, if your device is not considered to be part of the braking system, it would not be subject to Standard No. 106.

If the device is installed on a used vehicle by a business such as a repair shop, the repair shop would not be required to attach a certification label. However, it would have to make sure that it did not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable FMVSS.

You should also be aware that all manufacturers headquartered outside of the United States must designate a permanent resident of the United States as the manufacturer's agent for service of process, notices, orders, and decisions. This designation is to be mailed to the Chief Counsel of NHTSA. In accordance with 49 CFR 551.45, the designation must include the following information:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agency appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

7. The signature of one with authority to appoint the agency. The signer's name and title should be clearly indicated beneath his signature.

Sincerely,

Philip R. Recht Chief Counsel ref:551#121 d:1/4/95

ID: 10334

Ms. Debra Platt
2289 Southeast Madison Street
Stuart, FL 34997

Dear Ms. Platt:

This responds to your letter of August 29, 1994, in which you inquire whether a child "partially sitting on a bus seat [is] provided crash protection of Standard 222." You explain that you were referring to a third child sitting on the edge of a bus seat nearest the aisle. The child can only face the seat across the aisle, rather than face forward, because the bench seat is overcrowded.

Some background information would be helpful in responding to your question. 49 U.S.C. 30101, et seq. (formerly known as the National Traffic and Motor Vehicle Safety Act of 1966) provides this agency the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Each new vehicle or item of equipment that is sold to the consumer must comply with all applicable FMVSSs in effect on its date of manufacture. However, once the vehicle or equipment is sold, the use of that product becomes a matter of State jurisdiction. NHTSA has no authority to regulate the operation of used vehicles or items of equipment.

With respect to school buses, it has been shown that school bus transportation is one of the safest forms of transportation in America (see enclosed School Bus Safety Report, May 1993). Every year, approximately 380,000 public school buses travel approximately 3.8 billion miles to transport 22 million children to and from school and school related activities. Occupant deaths per vehicle mile travelled in school buses are about one-fourth those in passenger cars. Crash protection in large school buses, those with a gross vehicle weight rating (GVWR) of over 10,000 pounds and which typically seat 16 or more, is provided by "compartmentalization." That concept requires strong, well-padded, well-anchored, high-backed and evenly- spaced seats for school bus occupant protection. Compartmentalization has been shown to be effective by independent studies of the National Transportation Safety Board and the National Academy of Sciences. Small school buses, on the other hand, those with a GVWR of 10,000 pounds or less and which typically seat fewer than 16 occupants, must be equipped with lap or lap/shoulder belts at all designated seating positions.

Turning to your inquiry, this agency agrees it is far less safe for children to sit on the edge of school bus seats, facing the seat across the aisle, rather than face forward. To get the full benefit of compartmentalization, the child occupant should face forward to be cushioned and contained between the strong, well-padded seat backs on the school bus. Thus, Standard 222 requires school bus passenger seats to be forward-facing (paragraph S5.1). When a child is sitting on the edge of the bus seat, as you described, it would seem that either the school bus is overloaded or the passengers are seating themselves improperly, indicating a possible lack of adequate supervision. This agency is seriously concerned about such conditions, but as pointed out above, once a vehicle is sold to the first retail customer, the use of that vehicle becomes the responsibility of the State.

Since the States regulate the use of school buses, we recommend that you contact your State and/or local pupil transportation or school officials to inform them of your concerns. The Governor's highway safety representative for Florida is:

Mr. Frank Carlile Assistant Secretary for Transportation Policy 605 Suwanne St., MS-57 Tallahassee, FL 32399-0450 Telephone: (904) 922-5820

I am also enclosing for your information a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. This publication was issued jointly by this agency and the Federal Highway Administration and provides recommendations to the states on the operational aspects of their school bus and pupil transportation safety programs. Although these recommendations are not mandatory, they might be helpful in your discussions with school officials.

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

Sincerely,

Philip R. Recht Chief Counsel

Enclosures

ref:222 d:10/26/94

ID: 10335

Vincent Ugoletti, Chief Engineer
Great Lakes Communications, Inc.
3514 State St.
P.O. Box 860
Erie, PA 16512

Dear Mr. Ugoletti:

This responds to your September 7, 1994 letter to this office in which you stated your intention to modify a "conversion" van into a "production" van by replacing the original front seats with seats that swivel. You stated in an October 4 telephone conversation with Walter Myers of my staff that the vehicle in question is a 1994 cargo van. The vehicle has two front seats, and a gross vehicle weight rating (GVWR) of 9,680 pounds (lbs.). You also explained that the work will be done by a commercial vehicle modification shop. You asked us about the requirements for swivel front seats.

By way of background, 49 U.S.C. 30101, et seq. authorizes this agency to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Under 49 U.S.C. 30112, each person selling a new vehicle must ensure that the vehicle is certified as complying with all applicable FMVSSs. NHTSA has five safety standards, described below, applicable to motor vehicle seats. The original seats and seat belts on your van were required to meet the requirements of those standards when the new van was sold to you.

The five standards set performance criteria ensuring that seats and seat belts provide safety benefits in a crash. Standard No. 207, Seating systems (49 CFR section 571.207), establishes strength and other performance requirements for vehicle seats. The standard does not prohibit the installation of swivel seats in vans. Standard No. 208, Occupant Crash Protection (49 CFR 571.208), specifically section S4.2.3, sets forth occupant protection requirements at the various seating positions in vehicles such as yours manufactured after September 1, 1991, and with a GVWR not greater than 10,000 lbs. Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), sets strength, durability, and other requirements for seat belts. Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), establishes strength and location requirements for

seat belt anchorages. Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), specifies the flammability resistance of the seats and seat belts. Copies of those standards are enclosed, as well as a fact sheet explaining how to obtain copies of all FMVSSs.

Generally speaking, once a motor vehicle is sold to its first retail purchaser, its use and any modifications made to it become a matter of state interest. Thus, owners of used vehicles may personally make any modifications or alterations they want to their vehicles without regard to the FMVSSs, subject only to applicable state requirements.

There is, however, a limitation on modifications of used vehicles by commercial entities. 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any device or element of design installed on or in a motor vehicle or equipment in compliance with an FMVSS. Since the seats and their safety belts are devices or elements of design that were installed in your van in compliance with applicable FMVSSs (particularly the five standards listed above), a business listed in section 30122 cannot modify the vehicle in such a manner as to remove the seats and/or safety belts from compliance. Accordingly, the vehicle modifier should ensure that the swivel seats and any seat belts it installs are installed in accordance with the requirements of the standards. You indicated that Great Lakes Communications wishes to maintain the safety of the original seats and seat belts. We commend that decision. NHTSA urges vehicle owners not to degrade the performance of the safety systems on their vehicles.

I hope this information is helpful. Should you have any further questions or need additional information, feel free to contact Walter Myers or Mary Versailles of my staff at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure Ref:207#208#209#210#302 d:11/14/94

ID: 10354

Dr. Dimitrios Kallieris
Associate Professor and Division Chief
Experimental and Forensic Biomechanics
Ruprecht-Karls-Universitat Heidelberg
Vossstrasse 2
69115 Heidelberg, Germany

Dear Dr. Kallieris:

This responds to your FAX to Dr. Rolf Eppinger of NHTSA, requesting an interpretation of the requirements specified in Standard No. 212, Windshield Mounting. The answers to your two questions are provided below.

Standard No. 212 sets different windshield retention requirements for a vehicle depending on whether it is equipped with passive or manual restraints. S5.1 of the standard provides that vehicles equipped with passive restraints must retain not less than 50 percent of the windshield periphery after crash testing. S5.2 of the standard provides that vehicles that are not equipped with passive restraints must retain not less than 75 percent of the windshield periphery.

You stated that you have conducted 30 m.p.h. crash tests of motor vehicles with freshly adhered windshields. In the test vehicle, two Hybrid III dummies were placed in the front driver and passenger positions. Each dummy was restrained "by a three-point belt and air bag."

Your first question asked whether the vehicle is subject to the requirements of S5.1 for "vehicles equipped with passive restraints," or S5.2 for "vehicles not equipped with passive restraints." The answer to your question depends on whether the restraint system in the tested vehicle meets the definition of "passive restraint system" set forth in S4 of the standard. That term is defined as:

a system meeting the occupant crash protection requirements of S5. of Standard No. 208 by means that require no action by vehicle occupants.

Section S5 of Standard No. 208 sets occupant protection requirements that must be met in frontal, lateral and rollover crashes.

You did not provide much information about the vehicle in question. We assume it is a passenger car. Standard No. 208 (S4.1.4) requires the following of current production passenger cars:

(a) At each front outboard designated seating position, each vehicle must meet the standard's frontal crash protection requirements (S5.1) by means that require no action by vehicle occupants (e.g., by means of an air bag or automatic restraints);

(b) at the front center designated seating position and at each rear seating position, have a type 1 (lap) or type 2 (lap/shoulder) belt assembly that meet specified requirements; and

(c) either meet the lateral and rollover crash protection requirements of Standard No. 208 by means that require no action by vehicle occupants, or at each front outboard designated seating position, have a type 1 or type 2 belt assembly that meets the requirements of S5.1 with front test dummies restrained by the type 1 or type 2 assembly in addition to the means that require no action by the vehicle occupant.

We assume that the "three-point belt and air bag" to which you refer were installed in the front outboard seating positions pursuant to these occupant protection requirements of Standard No. 208. NHTSA's longstanding position is that a vehicle equipped with a type 2 belt assembly and an air bag in those seating positions is equipped with a "passive restraint system," and is thus subject to the requirement of S5.1 that 50 percent of the windshield periphery must be retained. (See, e.g., August 18, 1986 letter to Volvo, copy enclosed.) As discussed in the enclosed letter, one of the reasons the agency adopted the 50 percent retention requirement for passive restraint-equipped vehicles was because there could be contact between an air bag system and the windshield, and incidental contact between an air bag-restrained test dummy and the windshield.

The Standard No. 208 requirements listed above mean that a vehicle with passive restraints must meet the Standard No. 208 performance critera using only the passive restraints (air bag or automatic seat belt), and using both the passive and manual restraints. This would also be the case for Standard No. 212. The windshield retention would have to be at least 50 percent with the dummies restrained by only the passive restraint, and with the dummies restrained by both the passive and manual restraints. Therefore, your test (which appeared to have been conducted using both the air bag and the type 2 belt assembly) may not have been the worst case situation.

Your second question asked whether the windshield displacements described in S5.1 and S5.2 are measured dynamically (i.e., during the crash), or statically (i.e., after the crash). NHTSA determines the portion of the windshield periphery that is retained by the vehicle after the dynamic crash test specified in the standard.

I hope this information is helpful. If there are any further questions, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992. Our FAX no. is (202) 366-3820.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:212 d:2/3/95

ID: 10381

Mr. Ed Irvine
Midwest Conservation Systems
P.O. Box 397
Silver Lake, KS 66539

Dear Mr. Irvine:

This responds to your letter asking whether a newly manufactured commercial utility trailer must be equipped with an emergency breakaway system. You state that your customer wishes to purchase a trailer without the battery powered breakaway system that comes with the trailer. Instead, you would like to install your solar energized breakaway system. In a December 7, 1994 telephone conversation with Mr. Marvin Shaw of my staff, you stated that the trailers in question are typically small utility trailers that do not rely on the use of air pressure. I am pleased to have this opportunity to explain the applicable requirements issued by this agency, the National Highway Traffic Safety Administration (NHTSA). You may also wish to request an interpretation of 49 CFR 393.43 from the Federal Highway Administration (FHWA), which is the agency that issued that regulation.

By way of background information, NHTSA and FHWA are both part of the United States Department of Transportation. Each agency has the authority to issue regulations related to your question. NHTSA, which regulates newly manufactured vehicles, has the authority to issue Federal motor vehicle safety standards (FMVSS) which apply to new motor vehicles and new items of motor vehicle equipment. FHWA, which regulates the use of commercial motor vehicles, has the authority to issue Federal Motor Carrier Safety Regulations (FMCSRs), which are applicable to commercial motor vehicles and their operators. We have referred your letter to the Federal Highway Administration's (FHWA) Office of Motor Carrier Standards, since that agency issued 49 CFR 393.43.

While NHTSA has the authority to issue FMVSSs, the agency has not issued any FMVSS that would directly affect the braking performance of a small utility trailer, unless the trailer relies on air pressure. Therefore, if the trailers in question are not air braked vehicles, then you would not need to certify that such a trailer's braking performance complies with an FMVSS, since no applicable FMVSS exists.

Please note that your solar energized trailer breakaway system would be considered "motor vehicle equipment" within the meaning of the statute administered by NHTSA. If this system contained a defect (either in manufacture, design, or performance) that relates to motor vehicle safety, the manufacturer would be required to conduct a recall campaign to notify owners and to remedy the defect free of charge.

I hope this information is helpful. If you have any questions about NHTSA's safety standards, please feel free to contact Marvin Shaw at this address or by telephone at (202) 366-2992. If you wish to contact someone in the FHWA's Office of Chief Counsel concerning the motor carrier standards, please call Charles Medalen at (202) 366-1354.

Sincerely,

Philip R. Recht Chief Counsel ref:121 d:1/11/95

ID: 10392

Paul N. Wagner, President
Bornemann Products, Inc.
402 Industrial Drive
Bremen, IN 46506

Dear Mr. Wagner:

This responds to your letter of September 28, 1994, requesting an interpretation of how the requirements of S4.2.1 in Standard No. 207, Seating Systems, would apply to an integrated seat. Section S4.2.1 states

Except for vertical movement of nonlocking suspension type occupant seats in trucks or buses, the seat shall remain in its adjusted position during the application of each force specified in S4.2.

Your questions and our response to each follow.

1) Can the agency respond specifically to what the seat adjustment refers to? Does this mean only that once a seat recliner (used only for comfort), or a seat slide track, is positioned at its normal driving position, or appropriate testing position, it may not be moved until the completion of the test?

Or, does it mean that while the static test is conducted a recliner mechanism, for example, can not change position during the test, due to bending or twisting, or release of internal parts, even though the frame did not break during the test? In other words, the recliner may bend or twist, but the seating structure remained intact, despite deformation of the recliner mechanism.

Section S4.2.1 requires a seat, with one exception, to remain in the position to which it was adjusted while the force specified in S4.2 is applied. The exception is that vertical movement of nonlocking suspension type occupant seats may occur while the load is applied. Section S4.2 requires a seat to withstand certain specified forces. NHTSA has previously stated that S4.2 "allows some deformation of the seats during the force test, provided that structural integrity of the seats is maintained."

(See August 26, 1988 letter to Mr. Glenn L. Duncan, Esq.) NHTSA would not consider any deformation allowed by S4.2 (for example, bending or twisting) by itself to be a change in adjustment position. However, if bending or twisting resulted in the seat moving from one adjustment position to another (for example, a change in detent position within the adjustment mechanism), there would be a change in adjustment position.

In the example provided in your letter, the adjustment position of the seat back recliner mechanism is caused by the gear mechanism being "destroyed," even though the recliner mechanism itself does not separate from the seat. It appears that this scenario involves more than deformation as the seat back is free to move to a variety of adjustment positions. Therefore, the seat would not comply with S4.2.1.

2) An integrated seat has several angle adjustments on its recliner, which are only for the purpose of comfort. In reference to the static testing, does the integrated seat need to be tested in its designed riding position, or need it be tested in every possible reclined position?

Both S4.2(a) and S4.2(b) require the seat to withstand the specified load "(i)n any position to which it can be adjusted." The usage of the term "any," when "used in connection with a range of values or set of items," is specifically defined at 49 CFR 571.4 as meaning "the totality of the items or values, any one of which may be selected by the Administration for testing." Thus, NHTSA may chose to test a seat in any of the range of possible reclined positions. Section S4.2(c) incorporates the requirements of S4.2(a) and S4.2(b); therefore, NHTSA may also chose to test an integrated seat in any of the range of possible reclined positions.

I hope this information has been 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,

Philip R. Recht Chief Counsel

Enclosure ref:207 d:12/23/94

ID: 10397

Mr. Arthur W. Perkins
Perkins, Phillips & Puckhaber
85 North State Street
P.O. Box 1138
Concord, NH 03302-1138

Dear Mr. Perkins:

This responds to your letter of September 30, 1994, concerning the applicability of "various federal regulations to a motor vehicle that was converted from its original intended purpose as a cargo van to a passenger vehicle." The modifications to the vehicle were made prior to its first retail purchase. The modifications included adding bench seats with Type 2 seat belts, adding windows, and covering the interior of the vehicle. The vehicle was involved in an accident in which four persons were ejected from the vehicle, two of whom were fatally injured. Your firm represents the two injured passengers and the estates of the two fatally injured passengers in a products liability and negligence action. Your letter asks a number of questions relative to the liability of three defendants in this action.

Before answering your specific questions, I would like to explain that the purpose of our interpretation letters is to explain or clarify the meaning of our standards and regulations. Our letters are not intended to be adjudicative in nature. Given that the issues you raise about the defendants' actions concern past conduct and involve complicated factual issues, I would like to make it clear that this agency cannot comment on the liability of these parties.

Your letter asked a number of questions. One series of questions asks which parties are responsible for ensuring that a vehicle complies with all Federal motor vehicle safety standards prior to its sale. A second series of questions addresses the issue of what types of modifications are considered either "the addition, substitution, or removal of readily attachable components ... or minor finishing operations." The third series of questions concerns the applicability of requirements in Standard No. 210, Seat Belt Assembly Anchorages, and Standard No. 301, Fuel System Integrity, to seats and seat attachment hardware.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self- certifying" that its products meet all applicable safety standards. NHTSA's certification regulations are set forth in 49 CFR Part 567. Under this regulation, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards. In addition to certification responsibilities, pursuant to 49 U.S.C. '30112(a), "a person may not ... sell, offer for sale, [or] introduce or deliver for introduction in interstate commerce...any motor vehicle ... unless the vehicle ... complies with [all applicable standards] and is covered by a certification issued under section 30115 of this title." Section 30112(b) provides certain exceptions to section 30112(a), which may or may not apply under the circumstances you have described.

A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards (49 CFR '567.7). However, as your questions recognize, this provision does not apply to the "addition, substitution, or removal of readily attachable components ... or minor finishing operations." In asking whether certain changes would be considered either "the addition, substitution, or removal of readily attachable components ... or minor finishing operations," you listed the following changes: installation of windows, installation of sub-flooring, installation of padding, installation of carpeting, installation of seats, changing the seating arrangements, attaching seat belts to the frames of bench seats, exterior painting, striping and new wheels.

Tire and rim assemblies (wheels) are specifically mentioned in the regulation as examples of "readily attachable components." Painting is specifically mentioned in the regulation as an example of a minor finishing operation. In previous interpretations of '567.7, NHTSA has stated that adding seats or changing seating arrangements (absent "extraordinary ease of installation") would not be considered the addition of "readily attachable components."

With regard to the remaining changes you listed, NHTSA has stated that whether modifications involve "readily attachable components" depends on the difficulty in attaching those components. The agency has looked at such factors as the intricacy of installation and the need for special expertise. Because changes must be made to the vehicle structure, windows would not be considered "readily attachable components." Unless anchorages are already available, the addition of seat belts to a vehicle also would not be classified as the addition of "readily attachable components." The addition of sub-flooring, padding, and carpeting to the floor of the vehicle may or may not involve the addition of "readily attachable components," depending on the amount of changes that were made to the vehicle itself. Finally, because striping is similar to painting, that modification would be considered a "minor finishing operation."

With regard to your questions concerning the requirements in Standard No. 301, that standard sets forth requirements for the integrity of the fuel system and does not set forth requirements applicable to vehicle seats. The requirements for seats and their attachment assemblies are set forth in Standard No. 207, Seating Systems. Standard No. 207 requires all seats except side-facing seats and passenger seats in buses to withstand a force of 20 times the weight of the seat applied both in a forward and rearward direction. For a forward-facing seat, if a seat belt assembly is attached to the seat, S4.2(c) of Standard No. 207 requires the forces imposed in a forward direction to be applied simultaneously with the forces imposed on the seat by the seat belt loads required by S4.2 of Standard No. 210. There is no requirement for simultaneous loading with respect to forces applied on such seats in the rearward direction.

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,

Philip R. Recht Chief Counsel

Enclosure

ref:567#207#208#301 d:2/3/95 Your letter refers to Section 210 and Regulation 308. On December 13, 1994, during a phone conversation with Mary Versailles of my staff you confirmed that these were references to Standards Nos. 210 and 301. July 12, 1991, letter to Mr. Samuel Albury, Three Wolves and Associates, Inc. A copy of this letter is enclosed.

ID: 10405

Mr. Alberto Negro
Chief Executive Officer
Fiat Auto R&D U.S.A.
39300 Country Club Drive
Farmington Hills, MI 48331-3473

Dear Mr. Negro:

This responds to your letter concerning 49 CFR Part 583, Automobile Parts Content Labeling. I apologize for the delay in our response. Section 583.5(g) provides that "a manufacturer that produces a total of fewer than 1000 passenger motor vehicles in a model year" need not provide the U.S./Canadian Parts Content or Major Foreign Sources items on the vehicle label required by that regulation. You asked whether the 1000 unit threshold applies to the Alfa Romeo and Ferrari marques separately or collectively, as those marques are both owned by Fiat S.p.A. You stated that Fiat S.p.A. is the stockholder of Fiat Auto S.p.A., which produces Alfa Romeo cars, and of Ferrari S.p.A. which produces Ferrari cars. As discussed below, the 1000 vehicle threshold applies to Alfa Romeo vehicles and Ferrari vehicles separately, since they are produced by different companies.

Part 583 incorporates the statutory definition of "manufacturer" (see section 583.4(a) and 49 U.S.C. 32304(a)(7)), which reads as follows:

"Manufacturer" means a person--

(A) engaged in manufacturing or assembling new passenger motor vehicles;

(B) importing new passenger motor vehicles for resale; or

(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.

The term "person" is defined at section 583.4(b) as "an individual, partnership, corporation, business trust, or any organized group of persons."

Under these definitions, both the European producer and the importer are considered manufacturers of Alfa Romeo and Ferrari passenger motor vehicles. Therefore, both the producer and the importer are subject to Part 583.

In applying section 583.5(g) in the context of your question, we would focus on the European producer rather than the importer. This is because that section provides that "a manufacturer that produces a total of fewer than 1000 passenger motor vehicles in a model year" need not provide the U.S./Canadian Parts Content or Major Foreign Sources items on the vehicle label required by that regulation. Since Alfa Romeo vehicles and Ferrari vehicles are produced by different European companies, the 1000 vehicle threshold applies to them separately. I note that, as discussed in the final rule preamble, only passenger vehicles manufactured for sale in the United States are counted toward the 1000 vehicle threshold.

This interpretation is limited to section 583.5(g). The statutory provisions for other programs administered by NHTSA have different purposes and different definitions of "manufacturer." Also, the CAFE statute has special provisions concerning manufacturers that are within a control relationship. Therefore, this interpretation should not be applied outside the context of section 583.5(g).

I hope this information has been helpful. If you have any other questions or need some additional information in this area, please contact Edward Glancy of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:583 d:3/14/95