ID: nht93-3.45

DATE: May 17, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA (Signature by Stephen P. Wood)

TO: St. F. Steiner -- Consultant, AET Network

TITLE: None

ATTACHMT: Attached to letter dated 5-4-93 from St. F. Steiner to John Womack (OCC 8626)

TEXT: We have received your "Dear Mr. Van Orden" letter of May 4, 1993, which was addressed to me. You wish to import 3- and 4- wheeled vehicles from Europe "for research and exploration", and have asked several questions relating to U.S. laws and D.O.T. requirements.

Your first question is: "Are there any safety standards and regulations for the above mentioned automobiles?"

The answer is yes. All 3-wheeled motor vehicles are considered "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards that apply to motorcycles. Depending upon their configuration, but not upon their weight, 4-wheeled vehicles are either "passenger cars", "multipurpose passenger vehicles", "trucks", or "buses" for purposes of the safety standards.

However, motor vehicles intended solely for purposes of research may be imported without the necessity of conforming them to the safety standards under the terms and conditions that the agency has set out in 49 CFR Part 591.

Your second and third questions are whether there is a minimum speed standard regulation or weight limitations for the vehicles you wish to import. The answer is no. However, a motorcycle with 5-horsepower or less is considered a "motordriven cycle", and some of the motorcycle standards impose lesser requirements for motor-driven cycles, and motor-driven cycles whose speed attainable in 1 mile is 30 mph or less.

Your fourth question relates to the conversions required to meet U.S. specifications and standards. As indicated previously, no conversion is required when the importation is solely for the purpose of research. If you wish to import vehicles that have been originally manufactured to meet the Federal motor vehicle safety, bumper, and theft prevention standards, the manufacturer will find those standards at 49 CFR Parts 571, 581, and 541, respectively. If you wish to import nonconforming vehicles for conversion after importation, then the agency must determine that the vehicles are eligible for entry pursuant to 49 CFR Part 593, and importation and conversion accomplished through a Registered Importer pursuant to 49 CFR Part 592.

Your final question is whether the vehicles will be permitted on highways. This is a question that is not answerable under Federal law. Each State determines the criteria for licensing motor vehicles for use on the roads under its jurisdiction. If a State does not license a vehicle for on-road use (all terrain vehicles, minibikes, golf carts are examples), a basis exists for a manufacturer to determine that its vehicles are not "motor vehicles." If a vehicle is not a motor vehicle, i.e. one manufactured primarily for on-road use, then no Federal safety standards apply to it.

If you have any further questions about the importation process, you should refer them to Mr. Van Orden at our Office of Vehicle Safety Compliance, Office of Enforcement.

ID: 7252

Mr. Timothy C. Murphy
Chairman, TSEI Engineering Committee (Lights)
Transportation Safety Equipment Institute
P.O. Box 1638
Englewood Cliffs, NJ 07632-0638

Dear Mr. Murphy:

This responds to your letter of April 30. 1992, requesting an interpretation of Motor Vehicle Safety Standard No. 108. You have asked "whether the lens leg of various lamp assemblies may be included in the calculation" of the minimum effective projected luminous lens area required of certain lamps by Standard No. 108.

Specifically, you have enclosed "Figure 1" which "shows that the last optic against the lens leg projects light outward beyond the lens leg and yet the light may be beneficial to meeting the twenty degree outward test points for stop, tail, turn lamps." Accordingly you have concluded "that this light, though low in intensity due to its distance from the filament, may be significant as far as meeting the photometric requirements of the lamp."

NHTSA adopted a definition of "effective projected luminous lens area" on May 15, 1990 (55 FR 20158), to mean "that area of the projection on a plane perpendicular to the lamp axis of that portion of the light-emitting surface that directs light to the photometric test pattern. . . ." No exceptions were made to the definition. In rejecting a petition for reconsideration to include lens parts, such as the rim (or leg), in the calculation of lens area in those instances where the rim transmits unobstructed light, NHTSA explained on December 5, 1990 (55 FR 50182), that areas that do not contribute "significantly" to light output should not be included in the lens area calculation. It commented that "the optical parts of the reflector and lens are designed to achieve that purpose", and that "lens rims or legs do not contribute to the optical design" but instead "take up surface area that can reduce the area of the optically designed part of the lens if they are allowed to be included in the computation of minimum lens area."

In the comments that both you and we have quoted above, NHTSA has tried to differentiate between optical parts that are specifically designed to contribute to the optical design of a lamp and those whose contribution is only incidental and secondary. Those comments express clearly the agency's opinion that a lens leg, such as shown in your Figure 1, is an optical part that contributes only incidentally to the optical design of a lamp. However, the agency's opinions, as expressed in the preambles on this subject, are not the most definitive answer to your question. Instead, with reference to Figure 1, whether the additional lens area may be included in the computation of the minimum effective projected luminous lens area is determined by the definition of that term set forth in S4 of Standard No. 108. If the lens leg in Figure 1 meets that definition, it may be included in the computation. If not, it may not be included in the computation.

Sincerely,

Paul Jackson Rice Chief Counsel ref.108 d:5/27/92

ID: 7857

Air Mail

Mr. T. Kouchi Director & General Manager Automotive Equipment Development & Administration Dept. Stanley Electric Co. Ltd. 2-9-13, Nakameguro-ku, Meguro-ku Tokyo 153, Japan

Dear Mr. Kouchi:

This responds to your letter of October 8, 1992, with respect to photometric test methods for a center high-mounted stop lamp using light emitting diodes (LEDs) as light sources.

Your letter presents certain procedures and asks for associated revisions in Federal Motor Vehicle Safety Standard No. 108. After review, we have come to the conclusion that your method of proposed testing is allowable under Standard No. 108, but more stringent than what the standard requires.

In the section of your letter called "BACKGROUND", you state that you usually follow the technical guidance of SAE J1889 as a standard practice for LED lighting devices. There is no requirement in Standard No. 108 or in any of the SAE standards incorporated by reference in Standard No. 108 that requires you to follow the test methodology of J1889. Thus, when you say that you "must always allow a margin of the same percentage when designing initial light output of the lamp, which necessitates increase in the number of LEDs used, lamp size, product cost, and, therefore, user's expense", you are placing a burden upon yourself that does exist under J1889, but one which is not necessary for designing for compliance with Standard No. 108.

You have proposed a solution for the problem you have created by following J1889, and you provide three specific reasons in support. The third reason is based upon your interpretation of SAE J575's warpage test, under which you test operating cycles of 5 minutes on and 5 minutes off. However, you reference a version of J575 which does not apply to center high-mounted stop lamps. Paragraph S6.1 of Standard No. 108 specifies that J575e, August 1970, applies to high-mounted stop lamps designed to conform to SAE Recommended Practice J186a. SAE J575, August 1970, simply specifies that the device is to be operated in the test in the same manner as it will be operated in service, far different than the cycle method you employ.

Thus, you have requested that we revise Standard No. 108 by adding a new provision that center high-mounted stop lamps shall be energized for a minimum of 5 minutes before measurement of photometric minima. We note that nothing prohibits you from testing in such a manner, but we believe that an amendment of this nature is not required because the present allowable method of testing does not call for it.

You have asked for our comments on four steps of photometric measurement, and our permission to follow them. There is no reason you may not follow them, if you wish, but they are unnecessary to design for compliance under Standard No. 108.

I hope that this is responsive to your questions.

Sincerely,

Paul Jackson Rice Chief Counsel ref:108 d:12/1/92

ID: 8626

St. F. Steiner
Consultant
AET Network
2190 3rd Street
San Francisco, CA 94107

Dear Sir or Madam:

We have received your "Dear Mr. Van Orden" letter of May 4, 1993, which was addressed to me. You wish to import 3- and 4- wheeled vehicles from Europe "for research and exploration", and have asked several questions relating to U.S. laws and D.O.T. requirements.

Your first question is: "Are there any safety standards and regulations for the above mentioned automobiles?"

The answer is yes. All 3-wheeled motor vehicles are considered "motorcycles" for purposes of compliance with the Federal motor vehicle safety standards that apply to motorcycles. Depending upon their configuration, but not upon their weight, 4-wheeled vehicles are either "passenger cars", "multipurpose passenger vehicles", "trucks", or "buses" for purposes of the safety standards.

However, motor vehicles intended solely for purposes of research may be imported without the necessity of conforming them to the safety standards under the terms and conditions that the agency has set out in 49 CFR Part 591.

Your second and third questions are whether there is a minimum speed standard regulation or weight limitations for the vehicles you wish to import. The answer is no. However, a motorcycle with 5-horsepower or less is considered a "motor- driven cycle", and some of the motorcycle standards impose lesser requirements for motor-driven cycles, and motor-driven cycles whose speed attainable in l mile is 30 mph or less.

Your fourth question relates to the conversions required to meet U.S. specifications and standards. As indicated previously, no conversion is required when the importation is solely for the purpose of research. If you wish to import vehicles that have been originally manufactured to meet the Federal motor vehicle safety, bumper, and theft prevention standards, the manufacturer will find those standards at 49 CFR Parts 571, 581, and 541, respectively. If you wish to import nonconforming vehicles for conversion after importation, then the agency must determine that the vehicles are eligible for entry pursuant to 49 CFR Part 593, and importation and conversion accomplished through a Registered Importer pursuant to 49 CFR Part 592.

Your final question is whether the vehicles will be permitted on highways. This is a question that is not answerable under Federal law. Each State determines the criteria for licensing motor vehicles for use on the roads under its jurisdiction. If a State does not license a vehicle for on-road use (all terrain vehicles, minibikes, golf carts are examples), a basis exists for a manufacturer to determine that its vehicles are not "motor vehicles." If a vehicle is not a motor vehicle, i.e. one manufactured primarily for on-road use, then no Federal safety standards apply to it.

If you have any further questions about the importation process, you should refer them to Mr. Van Orden at our Office of Vehicle Safety Compliance, Office of Enforcement.

Sincerely,

John Womack Acting Chief Counsel

ref:591 d:5/17/93

ID: 12607.ztv

Larry Keith Evans, Esq.
Evans & Evans
113 West Taylor Street
Griffin, GA 30223

Re: Ox Bodies, Inc.; Fayette, Alabama

Dear Mr. Evans:

This is in reply to your letter of October 9, 1996, with reference to the lighting design on the rear of a dump truck manufactured by Ox Bodies, Inc. Although you did not ask for a reply, I assume that you are interested in our comments regarding several observations you have made.

Your understanding of the pertinent requirements of 49 CFR 571.108 Federal Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices and Associated Equipment is essentially correct. A truck whose overall width is 80 inches or more must have two red clearance lamps mounted on the rear. Rear side marker lamps and rear clearance lamps may be combined providing that the minimum photometric candela requirements for each are met. Compliance of rear clearance lamps, combination or otherwise, with the photometric minimum candela requirements of SAE Standard J592e, Clearance, Side Marker and Identification Lamps, July 1972 (incorporated by reference into Standard No. 108) is determined with the H-V axis of the lamp taken as parallel with the longitudinal axis of the vehicle. Ox Bodies is correct insofar as it states that the lamp must meet the minimum requirements when tested in the laboratory, but incorrect when it states that "there is no requirement that the light meet any requirements as installed on the vehicle." While Section S5.3 Location of required equipment does not specifically state that photometric requirements must be met when the clearance lamp is installed on a vehicle, compliance upon installation is implicit in paragraph S5.3.1.1. This paragraph specifies that "no part of the vehicle shall prevent . . . any other lamp [e.g. a clearance lamp] from meeting the photometric output at any test point specified in any applicable SAE

Standard. . . ." However, the issue in this case is whether a clearance lamp has been supplied in the first instance.

The photographs you enclosed clearly show that the side marker lamps on the truck in question are recessed in a side panel and cannot be seen from the rear. In our opinion, the truck has not been equipped with clearance lamps as required by Standard No. 108.

I note that you have furnished a copy of this letter to one of our standards enforcement engineers. The agency's Office of Vehicle Safety Compliance will give this matter the consideration it deserves, and we thank you for calling it to our attention.

Sincerely,

John Womack

Acting Chief Counsel

ref:108

d:11/18/96

ID: 2705y

Mr. S. Kadoya
Manager
Safety and Technology
Mazda Research and Development
of North America, Inc.
l203 Woodbridge Avenue
Ann Arbor, Michigan 48l05

Dear Mr. Kadoya:

This responds to your request for interpretations of several safety standards and the Bumper Standard, in connection with a planned "active" suspension system. I regret the delay in responding to your letter. Your questions are responded to below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by this agency, it is the responsibility of the manufacturer to ensure that its vehicles and equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

According to your letter, Mazda is concerned about the protocol of compliance testing of vehicles equipped with an active suspension system. This concern arises because many standards do not specify a suspension height that is to be used during compliance testing. As you noted, this has not been a concern for conventional suspension systems, since they do not provide for variable height.

Mazda's planned active suspension system would be actuated by hydraulic fluid or compressed air, with control pressure being developed by a hydraulic pump or air compressor driven off the engine. Consequently, the active suspension system would be operational only when the vehicle's engine is operating. At vehicle speeds in excess of "z" mph, where z is greater than 35 mph, the suspension height would be lowered by "x" mm from the nominal or design position for vehicle operation. If the engine/vehicle were not used for several consecutive days, pressure in the control system would fall such that the supension height may be lowered from the nominal or design position for vehicle operation by "y" mm, where y is greater than x. The suspension height would return to the nominal or design position for vehicle operation after such an extended period of inoperation almost immediately after starting the vehicle's engine.

Before discussing your specific questions, I would like to discuss more generally the issue of how compliance is determined in situations where a standard does not specify a particular test condition. In issuing Federal motor vehicle safety standards, NHTSA attempts to specify all relevant test conditions. The agency does this as part of ensuring that its standards are objective and practicable. As a practical matter, however, it is not possible to specify every conceivable test condition. This is particularly true for ones which may only be relevant to as-yet-undeveloped technologies.

In cases where a standard does not specify a particular test condition, we believe there are several relevant factors to consider in interpreting the standard. First, in the absence of specification of a particular test condition, we believe there is a presumption that the requirements need to be met regardless of such test condition, since the standard does not include any language which specifically limits applicability of its requirements to such test condition. For example, where a standard does not specify suspension height, its requirements may need to be met at all heights to which the suspension can be adjusted. Before reaching such a conclusion, however, we also consider the language of the standard as a whole and its purposes. Even if a standard is silent as to a particular test condition, the language of the standard or its purposes may indicate limitations on such test condition. Finally, in situations where a limitation on a particular test condition may appear to be appropriate, we also must consider whether the limitation is sufficiently clear, both with respect to justification and specificity, to be appropriate for interpretation. For example, in a situation where it may appear to be reasonable to limit a particular test condition but it is not obvious what particular limitation should be adopted, it would be inappropriate to select a particular limitation by interpretation. Instead, such a decision should be reached in rulemaking.

I will now address the specific questions asked in your letter.

Standard No. l08, Lamps, Reflective Devices, and Associated Equipment

In asking about Standard No. l08, you stated the following:

NHTSA has previously issued an interpretation of the requirements of FMVSS No. l08; at the request of a confidential applicant and dated February l2, l985, with respect to active suspension equipped vehicles. This interpretation stated that the requirements of FMVSS l08 must be meet (sic),"...at any time in which..." lamps, reflective devices, and associated equipment are to be,"...operated for its intended purpose." Consequently, headlamps, tailamps, stoplamps, the license plate lamp, and side marker lamps, must comply with the location requirements of FMVSS No. l08 whenever the vehicle's ignition is in the "on" postiion. Conversely, reflex reflectors, and turn signal lamps that also function as hazard warning signal flashers must comply with the location requirements when the vehicle's ignition is in either the "on" or "off" position. However, it is Mazda's interpretation that hazard warning flashers are not intended to be operational for a period of days, but rather for a period of hours, at maximum, only.

You then asked two questions, (l) whether Mazda's understanding of the subject NHTSA interpretation is accurate, and (2) whether Mazda's interpretation of the maximum intended operating duration of hazard warning signal flashers is correct.

I note that the February l985 interpretation was written in the context of a vehicle with a variable height system actuated by hydraulic fluid. In that particular system, the hydraulic pressure relaxed over a period of about three hours after the ignition was turned off, with the result that the vehicle assumed a lower height than it would have during driving. NHTSA stated the following:

We believe that the minimum height requirement should be met for any lamp at any time in which it is operated for its intended purpose. Since vehicles at rest do not require use of headlamps, the minimum height requirement would be measured at the point after the ignition is on and when the car begins to travel (your letter implies that the time lag between turning on the ignition and restoration of a complying mounting height is a matter of seconds). On the other hand, the hazard warning signal lamps are frequently operated when the vehicle is stopped, and therefore the minimum mounting height of turn signal lamps, through which they operate, must be met with the ignition off, even if the system requires three hours to deplete itself and lower the vehicle to its minimum height.

With respect to your question of whether Mazda's understanding of the interpretation is correct, I would like to note two points. First, while you state that "the requirements of FMVSS l08" must be met at any time in which lamps, reflective devices, and associated equipment are to be operated for their intended purpose, our interpretation was limited to standard's minimum height requirement. While we are prepared, if asked, to address other requirements, our interpretations should be understood to be limited to their specific facts and conclusions. Second, while our interpretation only addressed headlamps and hazard warning signal lamps, you applied the interpretation for headlamps to taillamps, stoplamps, the license plate lamp, and side marker lamps, and the interpretation for hazard warning signal lamps to reflex reflectors. We concur with this application, with respect to Standard No. l08's minimum height requirement.

We do not agree with Mazda's suggested interpretation of the maximum intended operating duration of hazard warning signal flashers. You would apparently like us to conclude that Standard No. l08's minimum height requirement for hazard warning signal flashers does not apply after a vehicle's ignition has been turned off for a matter of days.

In addressing how Standard No. l08 applies in the absence of a specification for vehicle height, our February l985 interpretation differentiates between situations where the vehicle is operating and where it is not. Looking at the purposes of the requirements in question, we believe it is obvious that the minimum height requirement for headlamps is only relevant in situations where the vehicle is operating, while the minimum height for hazard warning signal lamps is also relevant to situations where the vehicle is stopped and the ignition turned off. However, we believe that any determination that Standard No. l08's minimum height requirement for hazard warning signal flashers should not apply after a specified number of hours after the ignition has been turned off is one that would need to be addressed in rulemaking.

It is therefore my opinion that the minimum mounting height of hazard warning signal lamps must be met at all heights with the ignition off, even if the system requires days to deplete itself and lower the vehicle to its minimum height. If you believe that a time limitation should be placed on this requirement, I note that you can submit a petition for rulemaking requesting such a change.

Standard No. lll, Rearview Mirrors

You requested an interpretation of section S5.l.l of Standard No. lll, which generally requires a passenger car's rearview mirror to "provide a field of view with an included horizontal angle measured from the projected eye point of at least 20 degrees, and sufficient angle to provide a view of level road surface extending to the horizon beginning at a point not greater than 200 feet to the rear of the vehicle...." You noted that since the specified procedures for determining the location of the driver's eye reference points are made referenced to points with the vehicle's cabin, your active suspension system would not affect these measurements. However, different vehicle heights would be relevant to whether there is a view of level road surface extending to the horizon beginning at a point not greater than 200 feet to the rear of the vehicle. You stated that, based on "intended purpose," Mazda's interpretation of Standard No. lll is that the requirements of this standard are to be met when the vehicle's ignition is in the "on" position as rearview mirrors are not intended to be used when the vehicle's engine is not operating.

You then asked two questions, (l) whether Mazda's interpretation of the requirements of FMVSS No. lll with respect to the state of the vehicle's ignition switch is correct, and (2) for the purposes of compliance testing to the requirements of FMVSS No. lll, what means of maintaining the intended suspension height for a given speed and operating condition would be satisfactory to NHTSA.

We agree that the field of view requirement specified in S5.l.l for rearview mirrors need not be met for vehicle heights that only occur when the engine is not on, since the requirement is only relevant in situations where the vehicle is operating. However, the requirement would need to be at all vehicle heights that occur during vehicle operation, under the loading conditions specified in S5.l.l.

With respect to the issue of how suspension height should be maintained for purposes of compliance testing, you note early in your letter that, for reasons of practicality and safety, a vehicle's engine is not actually operational during compliance testing. However, since the active suspension system derives its power from the vehicle's engine, the system's ability to maintain and regulate suspension height is only possible during engine operation. You therefore indicated that Mazda is seeking guidelines (for several standards) by which Mazda may be able to establish a means to maintain the intended suspension height for compliance testing purposes in the absence of engine operation.

We are not able, in an interpretation, to specify a particular means for maintaining suspension height for compliance testing in the absence of engine operation. However, the basic principle that should be followed in selecting a means for maintaining suspension height is that it should not result in different test results than would occur if testing could be conducted with suspension height being maintained by engine operation, i.e., what would happen in the real world. This should be relatively straightforward for section S5.l.l of Standard No. lll, since the test is static. For a crash test, it is important that a vehicle not be altered in any way that would change the vehicle's crash performance relevant to the aspect of performance being tested.

Standard No. 204, Steering Control Rearward Displacement

In asking about Standard No. 204, you stated the following:

Section S4 of this standard specifies the compliance parameter for this standard. Section S5 specifies the testing conditions to determine compliance with this standard. Section S5.l specifies that the vehicle be loaded to its unloaded vehicle weight. Section S5.5 specifies that the vehicles fuel tank be filled with Stoddard solvent to any capacity between 90 and 95 percent of the total capacity of the tank. Mazda's interpretation of the requirements of this standard is that they are to be met when the vehicle's ignition switch is in the "on" position only. Furthermore, Mazda interprets the vehicles suspension height pursuant to S5.l and S5.5 to be the intended suspension height for the vehicle given the conditions of S4, i.e., 30 mph vehicle speed and steered wheels are positioned straight ahead.

You then asked whether Mazda's interpretation of the requirements of FMVSS No. 204 are correct. As discussed below, we agree that Standard No. 204's requirements need to be met only at the suspension height that occurs at a 30 mph vehicle speed and with steered wheels positioned straight ahead.

Standard No. 204 specifies requirements limiting the rearward displacement of the steering control into the passenger compartment to reduce the likelihood of chest, neck, or head injury. These requirements must be met in a 30 mile per hour perpendicular impact into a fixed collision barrier. While the standard specifies a number of test conditions, it does not specify suspension height.

Looking at the Standard No. 204 as a whole, we believe it is clear that NHTSA explicitly decided to limit the standard's evaluation of steering control rearward displacement to how vehicles perform in 30 mph perpendicular impacts, even though the requirements have relevance at lower and higher speeds. Therefore, we agree that the standard's requirements need to be met only at suspension heights that occur at a 30 mph vehicle speed and with steered wheels positioned straight ahead.

With respect to Mazda's question concerning means of maintaining intended suspension height for compliance testing, please see our discussion provided with respect to Standard No. lll.

Standard No. 208, Occupant Crash Protection

In asking about Standard No. 208, you stated the following:

Section S8.l.l(d), "Vehicle test attitude," specifies the procedure for determining the vehicle test attitude that is to be used for testing. Specifically, this section requires that the vehicle's pretest attitude, "...shall be equal to either the as delivered or fully loaded attitude or between the as delivered and fully loaded attitude." The as delivered attitude is defined by S8.l.l(d) as being, "...the distance between a level surface and a standard reference point on the test vehicle's body, directly above each wheel opening, when the vehicle is in its "as delivered" condition. The "as delivered" condition is the vehicle as received at the test site..." Because it is highly likely that the test vehicle will not have been operated for a period of days prior to arriving at the test site, the suspension height may have fallen by "y" mm. The fully loaded attitude is defined as the attitude of the vehicle when loaded in accordance with S8.l.l(a) or (b) and a determination of the height of the suspension at the fully loaded condition is made from the same level surface, using the same standard reference points, as were used to determine the "as delivered" condition. The definition of the "as delivered" condition is quite clear. However, Mazda interprets the "fully loaded condition" of the vehicle to be the condition when the vehicle's ignition is "on." In this instance it is likely that the height of the standard reference points on the vehicles body when in the "fully loaded condition" relative to the level surface will be greater than for the "as delivered" condition. Conversely, conventional vehicle suspension systems will likely have an "as delivered" height greater than the "full loaded" height. However, this fact is of no importance as S8.l.l(d) states that the pretest vehicle attitude may be, "...between the as delivered and the fully loaded attitude." With respect to the injury criteria specified by section S6 of this standard, Mazda's interpretation is that these criteria must be met with the vehicle's ignition in the "on" position only.

You then asked three questions, (l) whether Mazda's interpretation of the definition of the "fully loaded condition" is correct with respect to the condition of the ignition switch, (2) whether Mazda's interpretation of the irrelevance of the relative relationship between the "as delivered" and "fully loaded" conditions is correct, and (3) whether Mazda's interpretation of the meaning of "between the as delivered and the fully loaded attitude" is correct.

In addressing your questions, I will begin by noting that Standard No. 208 specifies occupant protection requirements which must be met in specified crash tests at any impact speed up to and including 30 mph. While the standard specifies a number of test conditions, it does not specify suspension height. However, the standard does specify vehicle attitude, which is closely related to suspension height. In addressing how Standard No. 208 applies in the absence of a specification for vehicle height, the relationship between the standard's attitude specification and vehicle height must be considered.

Section S8.l.l(d) specifies the attitude of the vehicle during testing, i.e., the angle of the vehicle relative to the ground. This test condition ensures that the vehicle is not overly tilted toward the front or back, or to one side. The section accomplishes this purpose by specifying that, during a compliance test, the height of the vehicle at each wheel is within a specified range. This range, which may be somewhat different for each wheel, is determined by looking at the vehicle in the "as delivered" condition and the "fully loaded" condition. A vehicle must meet the requirements of Standard No. 208 when its height at each wheel is anywhere within the specified ranges.

On first glance, one might read section S8.l.l(d) to create a height requirement, since ranges of height are determined under that section (at each wheel). This would be incorrect, except in a very narrow sense, since Standard No. 208 does not specify, for vehicles with variable height suspension systems, what suspension height should be used in the two conditions ("as delivered" and "fully loaded") where the specified ranges of height are determined under section S8.l.l(d).

Looking at the Standard No. 208 as a whole, we believe it is clear that NHTSA explicitly decided to limit the standard's evaluation of occupant crash protection in frontal impacts to how vehicles perform in impacts of 30 mph or less, even though the requirements also have relevance at higher speeds. It is our interpretation that the frontal crash test requirements need to be met at all suspension heights that can occur at speeds of 30 mph or less, with the vehicle operational. It is also our interpretation that the crash test requirements need to be met only at suspension heights that can occur at the speed used in the crash test.

A remaining issue is how section S8.l.l(d) applies for vehicles with variable height suspension systems. As discussed below, vehicle attitude should be determined under this section using the actual suspension setting (or equivalent, if the setting is automatic) to be used in a crash test.

For purposes of illustration, I will assume a vehicle with two very different suspension height settings. It would not be appropriate to conclude that the ranges of height determined under section S8.l.l(d) should simultaneously cover both suspension heights. Such ranges would be very large, and would not ensure that the vehicle is not overly tilted toward the front or back, or to one side. Moreover, such ranges would not be relevant to the real world, with respect to vehicle attitude.

Traditional vehicles can be viewed as having a single suspension "setting." This single suspension condition is used in determining vehicle attitude under section S5.8.8.l. The ranges of height result from the differences in loading under the "as delivered" and "fully loaded" conditions.

A single suspension "setting" (or equivalent, if the setting is automatic) should similarly be used in determining vehicle attitude for vehicles with variable height suspension systems. The "setting" should be the one to be used in a crash test.

With respect to Mazda's question concerning means of maintaining intended suspension height for compliance testing, please see our discussion provided with respect to Standard No. lll.

You also asked for an interpretation of section S8.2.7 of Standard No. 208. That section specifies additional conditions to be used for lateral moving barrier crash testing. Section S8.2.7(a) states that the vehicle is at rest in its "normal attitude." You stated that Mazda interprets the meaning of "normal attitude" to be that vehicle attitude which is intended when the vehicle's ignition is in the "on" condition, with the vehicle loaded pursuant to S8.l.l(a) or (b), and while the vehicle is at rest.

Standard No. 208 provides manufacturers the option of either equipping their vehicles with safety belts or meeting certain alternative requirements, including lateral moving barrier crash test requirements. These requirements are relevant at all vehicle heights that can occur during vehicle operation, regardless of speed. Moreover, NHTSA has not decided to limit the standard's evaluation of this aspect of safety performance to how vehicles perform at certain limited speeds. It is our interpretation that the lateral moving barrier crash test requirements, if applicable, must be met at all suspension heights that can occur with the vehicle operational. "Normal attitude" is the attitude determined under section S8.l.l(d). As discussed above, attitude for vehicles equipped with variable height suspension systems is determined under section S8.l.l(d) using the actual suspension setting (or equivalent, if the setting is automatic) to be used in a crash test. Standards No. 2l2, Windshield Mounting; No. 2l9, Windshield Zone Intrusion; No. 30l, Fuel System Integrity

In asking about Standards No. 2l2, No. 2l9, and No. 30l, you noted that NHTSA has previously issued an interpretation to Mazda about how these standards apply to adjustable height suspension systems. In a letter dated August l0, l982, the agency addressed a vehicle equipped with a suspension system having two height positions, one for normal highway driving and another for off-road driving, which could be selected by the driver. NHTSA stated the following:

[Safety Standards No. 2l2, No. 2l9, and No. 30l] do not specify a height adjustment because almost all vehicles have a single, set adjustment. . . . After careful consideration, it is the agency's position that such a vehicle capable of variable height adjustment would have to comply with the vehicle adjusted to any position that is possible. This is true because the vehicle could be driven on the highway, for example, even if it were adjusted to the off-road position. Consequently, it is important that the vehicle comply with the standards in all positions.

You noted that while suspension height could be adjusted by the driver for the system discussed in the agency's previous interpretation, the active suspension system you are currently considering would use an on-board electronic controller to select suspension height, and suspension height would not be adjustable by the driver. Consequently, according to your letter, only one unique set of suspension height parameters is possible for a given vehicle speed and loading condition as is the case with conventional suspension systems. You stated that because it is possible to determine exactly what the intended suspension height should be for a given situation, it is Mazda's opinion that the test vehicle should be tested at the intended suspension height given the specified speed and loading conditions. You also stated that, using an "intended purpose" argument, Mazda concludes that the requirements of the three standards are to be met only when the vehicle's ignition is "on." You then asked whether these suggested interpretations are correct.

Standard No. 2l2 specifies windshield retention requirements that must be met in a specified frontal crash test at any impact speed up to and including 30 mph. Similarly, Standard No. 2l9 specifies windshield zone intrusion requirements that must be met in a specified frontal crash test at any impact speed up to and including 30 mph. Standard No. 30l specifies fuel system integrity requirements for several specified crash tests. These include a frontal crash test similar to those in Standards No. 2l2 and No. 2l9. Requirements for this test must be met at any impact speed up to and including 30 mph. Other tests include a rear moving barrier crash test, a lateral moving barrier crash test, and a static rollover test.

We agree that the requirements of Standards No. 2l2, No. 2l9, and No. 30l need not be met for vehicle heights that only occur when the engine is not on, since the requirements are only relevant in situations where the vehicle is operating. Looking at the three standards as a whole, we believe it is clear that, for the frontal tests specified by the three standards, NHTSA decided to limit the standards' evaluation of safety performance to how vehicles perform in impacts of 30 mph or less, even though the requirements have relevance at higher speeds. It is our interpretation that the frontal crash test requirements specified by these standards need to be met at all suspension heights that can occur at speeds of 30 mph or less, with the vehicle operational. It is also our interpretation that the crash test requirements need to be met only at suspension heights that can occur at the speed used in the crash test.

We reach a different conclusion for Standard No. 30l's other crash test requirements. These requirements are relevant at all vehicle speeds and suspension heights. Moreover, NHTSA has not decided to limit the standard's evaluation of these aspects of safety performance to how vehicles perform at certain limited speeds. It is our interpretation that these crash test requirements must be met at all suspension heights that can occur with the vehicle operational.

Part 58l Bumper Standard

In asking about the Part 58l Bumper Standard, you noted that NHTSA has previously issued several interpretations of how the standard applies to vehicles with adjustable height suspension systems. In a letter to Subaru dated May 6, l986, NHTSA stated the following:

Given the absence of a specific test condition concerning suspension height, it is our interpretation that a vehicle must be capable of meeting the standard's damage criteria at any height position to which the suspension can be adjusted. There is no language in the test requirements of the standard limiting their applicability to "the manufacturer's nominal design highway adjusted height position."

This interpretation is consistent with the purpose of the Bumper Standard, set forth in section 58l.2, to reduce physical damage to the front and rear ends of a passenger motor vehicle from low speed collisions. If a vehicle's suspension could be adjusted so that its bumper height resulted in bumper mismatch with other vehicles in the event of low speed collisions, the reduction in physical damage attributable to the Bumper Standard would be defeated in whole or part.

In another letter, dated February l2, l985, NHTSA stated that a vehicle is "required to meet the pendulum test of Part 58l in any vehicle use scenario in which the vehicle operates, and the barrier test of Part 58l when the engine is idling."

You suggested, for the barrier test, that the agency's May l986 interpretation may be inappropriate for your active suspension system, since your system provides for only one suspension height when the engine is idling. You also suggested, for the pendulum test, that these interpretations seem to be in conflict with the Bumper Standard's stated purpose to reduce physical damage to motor vehicles in low speed collisions. We assume that you are referring to the fact that your suspension system has heights that occur only at speeds greater than 35 mph. You then requested that NHTSA provide an interpretation of Part 58l with respect to your system.

In addressing how Part 58l applies to vehicles equipped with an active suspension system, I will address separately the standard's barrier and pendulum tests. For the barrier test, a vehicle must meet specified damage criteria after an impact into a fixed barrier that is perpendicular to the line of travel of the vehicle, at 2.5 mph. Section 58l.6 sets forth conditions applicable to bumper testing. Under section 58l.6(c), at the onset of a barrier impact, the vehicle's engine is operating at idling speed.

Looking at the Bumper Standard as a whole, we believe it is clear that NHTSA decided to limit the barrier test's evaluation of bumper performance to how vehicles perform in 2.5 mph frontal impacts, even though the requirements have relevance at lower and higher speeds and when the vehicle is nonoperational. It is our interpretation that the barrier test requirements specified by this standard need to be met at all suspension heights that can occur at 2.5 mph.

We reach a different conclusion for the pendulum test, which serves the purpose of creating a bumper height requirement. This requirement is relevant at all vehicle speeds and suspension heights, and when the vehicle is nonoperational. I note that while Mazda is correct that the Bumper Standard's stated purpose is to reduce physical damage to motor vehicles in low speed collisions, NHTSA has justified the bumper height requirement on safety concerns related to "higher speed collisions." In proposing Standard No. 2l5, the predecessor of Part 58l, the agency stated:

. . . in higher speed collisions the tendency of a bumper to override another or to ride under or over a guardrail creates hazards for vehicle occupants. Vehicles with interlocking bumpers block traffic and expose their occupants to considerable danger, particularly if they attempt to get out to unlock bumpers. By overriding or underriding a guardrail, a bumper may strike a supporting post, or similar fixed object, with serious consequences for the vehicle and its occupants. 35 FR l7999, November 24, l970.

The relevance of the bumper height requirement to nonoperational situations is also clear, e.g., to help protect parked cars.

Moreover, NHTSA has not decided to limit the bumper height requirement to how vehicles perform at certain limited speeds. It is our interpretation that the pendulum test requirements must be met at all suspension heights that can occur, regardless of vehicle speed or whether the ignition is turned on.

This interpretation is consistent with an October l8, l978 letter to Nissan, in which NHTSA addressed how the pendulum test applies to vehicles equipped with height control systems, including automatic height control systems. Among other things, the agency stated the following:

. . . There is no language in the pendulum test requirements of the standard which would limit their applicability to only the ignition-on or ignition-off situation or to the recommended driving position for normal roadways. The vehicle must be capable of meeting the pendulum test requirements at all stable bumper heights possible at unloaded vehicle weight.

Thus, in the situations described in Question l and 2 of your letter, in which an automatic height control system is employed, the vehicle must comply with the pendulum test requirements in both the ignition-on and ignition-off positions . . . .

I note that one of our past letters, a December 24, l984 letter addressed to Porsche, appears to suggest that the pendulum test must be met in any setting in which the system operates "when the engine is idling." This might be read to suggest that the pendulum test need not be met when the vehicle is nonoperational. However, this interpretation cited section 58l.6(c) in concluding that the engine is idling during Part 58l testing. Section 58l.6(c) applies only to the barrier test and not the pendulum test. We therefore consider this interpretation to be incorrect to the extent that it is inconsistent with the analysis presented above.

Sincerely,

Paul Jackson Rice Chief Counsel

ref:l08#lll#204#208#2l2#2l9#30l#58l d:l0/2/90

ID: nht90-4.30

TYPE: Interpretation-NHTSA

DATE: October 2, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: S. Kadoya -- Manager, Safety and Technology, Mazda Research and Development of North America, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 11-7-89 from S. Kadoya to S.P. Wood

TEXT:

This responds to your request for interpretations of several safety standards and the Bumper Standard, in connection with a planned "active" suspension system. I regret the delay in responding to your letter. Your questions are responded to below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by this agency, it is the responsibility of the manufac turer to ensure that its vehicles and equipment comply with applicable standards. The following represents our opinion based on the facts provided in your letter.

According to your letter, Mazda is concerned about the protocol of compliance testing of vehicles equipped with an active suspension system. This concern arises because many standards do not specify a suspension height that is to be used during complianc e testing. As you noted, this has not been a concern for conventional suspension systems, since they do not provide for variable height.

Mazda's planned active suspension system would be actuated by hydraulic fluid or compressed air, with control pressure being developed by a hydraulic pump or air compressor driven off the engine. Consequently, the active suspension system would be opera tional only when the vehicle's engine is operating. At vehicle speeds in excess of "z" mph, where z is greater than 35 mph, the suspension height would be lowered by "x" mm from the nominal or design position for vehicle operation. If the engine/vehicl e were not used for several consecutive days, pressure in the control system would fall such that the supension height may be lowered from the nominal or design position for vehicle operation by "y" mm, where y is greater than x. The suspension height w ould return to the nominal or design position for vehicle operation after such an extended period of inoperation almost immediately after starting the vehicle's engine.

Before discussing your specific questions, I would like to discuss more generally the issue of how compliance is determined in situations where a standard does not specify a particular test condition. In issuing Federal motor vehicle safety standards, N HTSA attempts to specify all relevant test conditions. The agency does this as part of ensuring that its standards are objective and practicable. As a practical matter, however, it is not possible to specify every conceivable test condition. This is p articularly true for ones which may only be relevant to

as-yet-undeveloped technologies.

In cases where a standard does not specify a particular test condition, we believe there are several relevant factors to consider in interpreting the standard. First, in the absence of specification of a particular test condition, we believe there is a presumption that the requirements need to be met regardless of such test condition, since the standard does not include any language which specifically limits applicability of its requirements to such test condition. For example, where a standard does n ot specify suspension height, its requirements may need to be met at all heights to which the suspension can be adjusted. Before reaching such a conclusion, however, we also consider the language of the standard as a whole and its purposes. Even if a s tandard is silent as to a particular test condition, the language of the standard or its purposes may indicate limitations on such test condition. Finally, in situations where a limitation on a particular test condition may appear to be appropriate, we also must consider whether the limitation is sufficiently clear, both with respect to justification and specificity, to be appropriate for interpretation. For example, in a situation where it may appear to be reasonable to limit a particular test condit ion but it is not obvious what particular limitation should be adopted, it would be inappropriate to select a particular limitation by interpretation. Instead, such a decision should be reached in rulemaking.

I will now address the specific questions asked in your letter.

Standard No. 108, Lamps, Reflective Devices, and Associated Equipment

In asking about Standard No. 108, you stated the following:

NHTSA has previously issued an interpretation of the requirements of FMVSS No. 108; at the request of a confidential applicant and dated February 12, 1985, with respect to active suspension equipped vehicles. This interpretation stated that the requirem ents of FMVSS 108 must be meet (sic),"...at any time in which..." lamps, reflective devices, and associated equipment are to be,"...operated for its intended purpose." Consequently, headlamps, tailamps, stoplamps, the license plate lamp, and side marker lamps, must comply with the location requirements of FMVSS No. 108 whenever the vehicle's ignition is in the "on" postiion. Conversely, reflex reflectors, and turn signal lamps that also function as hazard warning signal flashers must comply with the lo cation requirements when the vehicle's ignition is in either the "on" or "off" position. However, it is Mazda's interpretation that hazard warning flashers are not intended to be operational for a period of days, but rather for a period of hours, at max imum, only.

You then asked two questions, (1) whether Mazda's understanding of the subject NHTSA interpretation is accurate, and (2) whether Mazda's interpretation of the maximum intended operating duration of hazard warning signal flashers is correct.

I note that the February 1985 interpretation was written in the context of a vehicle with a variable height system actuated by hydraulic fluid. In that particular system, the hydraulic pressure relaxed over a period of

about three hours after the ignition was turned off, with the result that the vehicle assumed a lower height than it would have during driving. NHTSA stated the following:

We believe that the minimum height requirement should be met for any lamp at any time in which it is operated for its intended purpose. Since vehicles at rest do not require use of headlamps, the minimum height requirement would be measured at the point after the ignition is on and when the car begins to travel (your letter implies that the time lag between turning on the ignition and restoration of a complying mounting height is a matter of seconds). On the other hand, the hazard warning signal lamps are frequently operated when the vehicle is stopped, and therefore the minimum mounting height of turn signal lamps, through which they operate, must be met with the ignition off, even if the system requires three hours to deplete itself and lower the v ehicle to its minimum height.

With respect to your question of whether Mazda's understanding of the interpretation is correct, I would like to note two points. First, while you state that "the requirements of FMVSS 108" must be met at any time in which lamps, reflective devices, and associated equipment are to be operated for their intended purpose, our interpretation was limited to standard's minimum height requirement. While we are prepared, if asked, to address other requirements, our interpretations should be understood to be limited to their specific facts and conclusions. Second, while our interpretation only addressed headlamps and hazard warning signal lamps, you applied the interpretation for headlamps to taillamps, stoplamps, the license plate lamp, and side marker lam ps, and the interpretation for hazard warning signal lamps to reflex reflectors. We concur with this application, with respect to Standard No. 108's minimum height requirement.

We do not agree with Mazda's suggested interpretation of the maximum intended operating duration of hazard warning signal flashers. You would apparently like us to conclude that Standard No. 108's minimum height requirement for hazard warning signal fla shers does not apply after a vehicle's ignition has been turned off for a matter of days.

In addressing how Standard No. 108 applies in the absence of a specification for vehicle height, our February 1985 interpretation differentiates between situations where the vehicle is operating and where it is not. Looking at the purpose of the require ments in question, we believe it is obvious that the minimum height requirement for headlamps is only relevant in situations where the vehicle is operating, while the minimum height for hazard warning signal lamps is also relevant to situations where the vehicle is stopped and the ignition turned off. However, we believe that any determination that Standard No. 108's minimum height requirement for hazard warning signal flashers should not apply after a specified number of hours after the ignition has be en turned off is one that would need to be addressed in rulemaking.

It is therefore my opinion that the minimum mounting height of hazard warning signal lamps must be met at all heights with the ignition off, even if the system requires days to deplete itself and lower the vehicle

to its minimum height. If you believe that a time limitation should be placed on this requirement, I note that you can submit a petition for rulemaking requesting such a change.

Standard No. 111, Rearview Mirrors

You requested an interpretation of section S5.1.1 of Standard No. 111, which generally requires a passenger car's rearview mirror to "provide a field of view with an included horizontal angle measured from the projected eye point of at least 20 degrees, and sufficient angle to provide a view of level road surface extending to the horizon beginning at a point not greater than 200 feet to the rear of the vehicle...." You noted that since the specified procedures for determining the location of the driver 's eye reference points are made referenced to points with the vehicle's cabin, your active suspension system would not affect these measurements. However, different vehicle heights would be relevant to whether there is a view of level road surface exte nding to the horizon beginning at a point not greater than 200 feet to the rear of the vehicle. You stated that, based on "intended purpose," Mazda's interpretation of Standard No. 111 is that the requirements of this standard are to be met when the vehi cle's ignition is in the "on" position as rearview mirrors are not intended to be used when the vehicle's engine is not operating.

You then asked two questions, (1) whether Mazda's interpretation of the requirements of FMVSS No. 111 with respect to the state of the vehicle's ignition switch is correct, and (2) for the purposes of compliance testing to the requirements of FMVSS No. 1 11, what means of maintaining the intended suspension height for a given speed and operating condition would be satisfactory to NHTSA.

We agree that the field of view requirement specified in S5.1.1 for rearview mirrors need not be met for vehicle heights that only occur when the engine is not on, since the requirement is only relevant in situations where the vehicle is operating. Howe ver, the requirement would need to be at all vehicle heights that occur during vehicle operation, under the loading conditions specified in S5.1.1.

With respect to the issue of how suspension height should be maintained for purposes of compliance testing, you note early in your letter that, for reasons of practicality and safety, a vehicle's engine is not actually operational during compliance testi ng. However, since the active suspension system derives its power from the vehicle's engine, the system's ability to maintain and regulate suspension height is only possible during engine operation. You therefore indicated that Mazda is seeking guideli nes (for several standards) by which Mazda may be able to establish a means to maintain the intended suspension height for compliance testing purposes in the absence of engine operation.

We are not able, in an interpretation, to specify a particular means for maintaining suspension height for compliance testing in the absence of engine operation. However, the basic principle that should be followed in selecting a means for maintaining s uspension height is that it should not result in different test results than would occur if testing could be conducted with suspension height being maintained by engine operation,

i.e., what would happen in the real world. This should be relatively straightforward for section S5.1.1 of Standard No. 111, since the test is static. For a crash test, it is important that a vehicle not be altered in any way that would change the vehi cle's crash performance relevant to the aspect of performance being tested.

Standard No. 204, Steering Control Rearward Displacement

In asking about Standard No. 204, you stated the following:

Section S4 of this standard specifies the compliance parameter for this standard. Section S5 specifies the testing conditions to determine compliance with this standard. Section S5.1 specifies that the vehicle be loaded to its unloaded vehicle weight. Section S5.5 specifies that the vehicles fuel tank be filled with Stoddard solvent to any capacity between 90 and 95 percent of the total capacity of the tank. Mazda's interpretation of the requirements of this standard is that they are to be met when the vehicle's ignition switch is in the "on" position only. Furthermore, Mazda interprets the vehicles suspension height pursuant to S5.1 and S5.5 to be the intended suspension height for the vehicle given the conditions of S4, i.e., 30 mph vehicle speed and steered wheels are positioned straight ahead.

You then asked whether Mazda's interpretation of the requirements of FMVSS No. 204 are correct. As discussed below, we agree that Standard No. 204's requirements need to be met only at the suspension height that occurs at a 30 mph vehicle speed and with steered wheels positioned straight ahead.

Standard No. 204 specifies requirements limiting the rearward displacement of the steering control into the passenger compartment to reduce the likelihood of chest, neck, or head injury. These requirements must be met in a 30 mile per hour perpendicular impact into a fixed collision barrier. While the standard specifies a number of test conditions, it does not specify suspension height.

Looking at the Standard No. 204 as a whole, we believe it is clear that NHTSA explicitly decided to limit the standard's evaluation of steering control rearward displacement to how vehicles perform in 30 mph perpendicular impacts, even though the require ments have relevance at lower and higher speeds. Therefore, we agree that the standard's requirements need to be met only at suspension heights that occur at a 30 mph vehicle speed and with steered wheels positioned straight ahead.

With respect to Mazda's question concerning means of maintaining intended suspension height for compliance testing, please see our discussion provided with respect to Standard No. 111.

Standard No. 208, Occupant Crash Protection

In asking about Standard No. 208, you stated the following:

Section S8.1.1(d), "Vehicle test attitude," specifies the procedure for determining the vehicle test attitude that is to be used for testing. Specifically, this section requires that the vehicle's pretest attitude,

"...shall be equal to either the as delivered or fully loaded attitude or between the as delivered and fully loaded attitude." The as delivered attitude is defined by S8.1.1(d) as being, "...the distance between a level surface and a standard reference point on the test vehicle's body, directly above each wheel opening, when the vehicle is in its "as delivered" condition. The "as delivered" condition is the vehicle as received at the test site..." Because it is highly likely that the test vehicle wil l not have been operated for a period of days prior to arriving at the test site, the suspension height may have fallen by "y" mm. The fully loaded attitude is defined as the attitude of the vehicle when loaded in accordance with S8.1.1(a) or (b) and a determination of the height of the suspension at the fully loaded condition is made from the same level surface, using the same standard reference points, as were used to determine the "as delivered" condition. The definition of the "as delivered" condi tion is quite clear. However, Mazda interprets the "fully loaded condition" of the vehicle to be the condition when the vehicle's ignition is "on." In this instance it is likely that the height of the standard reference points on the vehicles body when in the "fully loaded condition" relative to the level surface will be greater than for the "as delivered" condition. Conversely, conventional vehicle suspension systems will likely have an "as delivered" height greater than the "full loaded" height. H owever, this fact is of no importance as S8.1.1(d) states that the pretest vehicle attitude may be, "...between the as delivered and the fully loaded attitude." With respect to the injury criteria specified by section S6 of this standard, Mazda's interp retation is that these criteria must be met with the vehicle's ignition in the "on" position only.

You then asked three questions, (1) whether Mazda's interpretation of the definition of the "fully loaded condition" is correct with respect to the condition of the ignition switch, (2) whether Mazda's interpretation of the irrelevance of the relative re lationship between the "as delivered" and "fully loaded" conditions is correct, and (3) whether Mazda's interpretation of the meaning of "between the as delivered and the fully loaded attitude" is correct.

In addressing your questions, I will begin by noting that Standard No. 208 specifies occupant protection requirements which must be met in specified crash tests at any impact speed up to and including 30 mph. While the standard specifies a number of tes t conditions, it does not specify suspension height. However, the standard does specify vehicle attitude, which is closely related to suspension height. In addressing how Standard No. 208 applies in the absence of a specification for vehicle height, th e relationship between the standard's attitude specification and vehicle height must be considered.

Section S8.1.1(d) specifies the attitude of the vehicle during testing, i.e., the angle of the vehicle relative to the ground. This test condition ensures that the vehicle is not overly tilted toward the front or back, or to one side. The section accom plishes this purpose by specifying that, during a compliance test, the height of the vehicle at each wheel is within a specified range. This range, which may be somewhat different for each wheel, is determined by looking at the vehicle in the "as delive red" condition and the "fully loaded" condition. A vehicle must meet the requirements of Standard No. 208 when its height at each wheel is

anywhere within the specified ranges.

On first glance, one might read section S8.1.1(d) to create a height requirement, since ranges of height are determined under that section (at each wheel). This would be incorrect, except in a very narrow sense, since Standard No. 208 does not specify, for vehicles with variable height suspension systems, what suspension height should be used in the two conditions ("as delivered" and "fully loaded") where the specified ranges of height are determined under section S8.1.1(d).

Looking at the Standard No. 208 as a whole, we believe it is clear that NHTSA explicitly decided to limit the standard's evaluation of occupant crash protection in frontal impacts to how vehicles perform in impacts of 30 mph or less, even though the requ irements also have relevance at higher speeds. It is our interpretation that the frontal crash test requirements need to be met at all suspension heights that can occur at speeds of 30 mph or less, with the vehicle operational. It is also our interpret ation that the crash test requirements need to be met only at suspension heights that can occur at the speed used in the crash test.

A remaining issue is how section S8.1.1(d) applies for vehicles with variable height suspension systems. As discussed below, vehicle attitude should be determined under this section using the actual suspension setting (or equivalent, if the setting is a utomatic) to be used in a crash test.

For purposes of illustration, I will assume a vehicle with two very different suspension height settings. It would not be appropriate to conclude that the ranges of height determined under section S8.1.1(d) should simultaneously cover both suspension he ights. Such ranges would be very large, and would not ensure that the vehicle is not overly tilted toward the front or back, or to one side. Moreover, such ranges would not be relevant to the real world, with respect to vehicle attitude.

Traditional vehicles can be viewed as having a single suspension "setting." This single suspension condition is used in determining vehicle attitude under section S5.8.8.1. The ranges of height result from the differences in loading under the "as deliv ered" and "fully loaded" conditions.

A single suspension "setting" (or equivalent, if the setting is automatic) should similarly be used in determining vehicle attitude for vehicles with variable height suspension systems. The "setting" should be the one to be used in a crash test.

With respect to Mazda's question concerning means of maintaining intended suspension height for compliance testing, please see our discussion provided with respect to Standard No. 111.

You also asked for an interpretation of section S8.2.7 of Standard No. 208. That section specifies additional conditions to be used for lateral moving barrier crash testing. Section S8.2.7(a) states that the vehicle is at rest in its "normal attitude." You stated that Mazda interprets the meaning of "normal attitude" to be that vehicle attitude which is intended

when the vehicle's ignition is in the "on" condition, with the vehicle loaded pursuant to S8.1.1(a) or (b), and while the vehicle is at rest. Standard No. 208 provides manufacturers the option of either equipping their vehicles with safety belts or meeti ng certain alternative requirements, including lateral moving barrier crash test requirements. These requirements are relevant at all vehicle heights that can occur during vehicle operation, regardless of speed. Moreover, NHTSA has not decided to limit the standard's evaluation of this aspect of safety performance to how vehicles perform at certain limited speeds. It is our interpretation that the lateral moving barrier crash test requirements, if applicable, must be met at all suspension heights that can occur with the vehicle operational. "Normal attitude" is the attitude determined under section S8.1.1(d). As discussed above, attitude for vehicles equipped with variable height suspension systems is determined under section S8.1.1(d) using the ac tual suspension setting (or equivalent, if the setting is automatic) to be used in a crash test.

Standards No. 212, Windshield Mounting; No. 219, Windshield Zone Intrusion; No. 301, Fuel System Integrity

In asking about Standards No. 212, No. 219, and No. 301, you noted that NHTSA has previously issued an interpretation to Mazda about how these standards apply to adjustable height suspension systems. In a letter dated August 10, 1982, the agency address ed a vehicle equipped with a suspension system having two height positions, one for normal highway driving and another for off-road driving, which could be selected by the driver. NHTSA stated the following:

(Safety Standards No. 212, No. 219, and No. 301) do not specify a height adjustment because almost all vehicles have a single, set adjustment. . . After careful consideration, it is the agency's position that such a vehicle capable of variable height adj ustment would have to comply with the vehicle adjusted to any position that is possible. This is true because the vehicle could be driven on the highway, for example, even if it were adjusted to the off-road position. Consequently, it is important that the vehicle comply with the standards in all positions.

You noted that while suspension height could be adjusted by the driver for the system discussed in the agency's previous interpretation, the active suspension system you are currently considering would use an on-board electronic controller to select susp ension height, and suspension height would not be adjustable by the driver. Consequently, according to your letter, only one unique set of suspension height parameters is possible for a given vehicle speed and loading condition as is the case with conve ntional suspension systems. You stated that because it is possible to determine exactly what the intended suspension height should be for a given situation, it is Mazda's opinion that the test vehicle should be tested at the intended suspension height g iven the specified speed and loading conditions. You also stated that, using an "intended purpose" argument, Mazda concludes that the requirements of the three standards are to be met only when the vehicle's ignition is "on." You then asked whether thes e suggested interpretations are correct.

Standard No. 212 specifies windshield retention requirements that must be

met in a specified frontal crash test at any impact speed up to and including 30 mph. Similarly, Standard No. 219 specifies windshield zone intrusion requirements that must be met in a specified frontal crash test at any impact speed up to and including 30 mph. Standard No. 301 specifies fuel system integrity requirements for several specified crash tests. These include a frontal crash test similar to those in Standards No. 212 and No. 219. Requirements for this test must be met at any impact speed up to and including 30 mph. Other tests include a rear moving barrier crash test, a lateral moving barrier crash test, and a static rollover test.

We agree that the requirements of Standards No. 212, No. 219, and No. 301 need not be met for vehicle heights that only occur when the engine is not on, since the requirements are only relevant in situations where the vehicle is operating. Looking at th e three standards as a whole, we believe it is clear that, for the frontal tests specified by the three standards, NHTSA decided to limit the standards' evaluation of safety performance to how vehicles perform in impacts of 30 mph or less, even though th e requirements have relevance at higher speeds. It is our interpretation that the frontal crash test requirements specified by these standards need to be met at all suspension heights that can occur at speeds of 30 mph or less, with the vehicle operatio nal. It is also our interpretation that the crash test requirements need to be met only at suspension heights that can occur at the speed used in the crash test.

We reach a different conclusion for Standard No. 301's other crash test requirements. These requirements are relevant at all vehicle speeds and suspension heights. Moreover, NHTSA has not decided to limit the standard's evaluation of these aspects of s afety performance to how vehicles perform at certain limited speeds. It is our interpretation that these crash test requirements must be met at all suspension heights that can occur with the vehicle operational.

Part 581 Bumper Standard

In asking about the Part 581 Bumper Standard, you noted that NHTSA has previously issued several interpretations of how the standard applies to vehicles with adjustable height suspension systems. In a letter to Subaru dated May 6, 1986, NHTSA stated the following:

Given the absence of a specific test condition concerning suspension height, it is our interpretation that a vehicle must be capable of meeting the standard's damage criteria at any height position to which the suspension can be adjusted. There is no la nguage in the test requirements of the standard limiting their applicability to "the manufacturer's nominal design highway adjusted height position."

This interpretation is consistent with the purpose of the Bumper Standard, set forth in section 581.2, to reduce physical damage to the front and rear ends of a passenger motor vehicle from low speed collisions. If a vehicle's suspension could be adjust ed so that its bumper height resulted in bumper mismatch with other vehicles in the event of low speed collisions, the reduction in physical damage attributable to the Bumper Standard would be defeated in whole or part.

In another letter, dated February 12, 1985, NHTSA stated that a vehicle is "required to meet the pendulum test of Part 581 in any vehicle use scenario in which the vehicle operates, and the barrier test of Part 581 when the engine is idling."

You suggested, for the barrier test, that the agency's May 1986 interpretation may be inappropriate for your active suspension system, since your system provides for only one suspension height when the engine is idling. You also suggested, for the pendu lum test, that these interpretations seem to be in conflict with the Bumper Standard's stated purpose to reduce physical damage to motor vehicles in low speed collisions. We assume that you are referring to the fact that your suspension system has heigh ts that occur only at speeds greater than 35 mph. You then requested that NHTSA provide an interpretation of Part 581 with respect to your system.

In addressing how Part 581 applies to vehicles equipped with an active suspension system, I will address separately the standard's barrier and pendulum tests. For the barrier test, a vehicle must meet specified damage criteria after an impact into a fix ed barrier that is perpendicular to the line of travel of the vehicle, at 2.5 mph. Section 581.6 sets forth conditions applicable to bumper testing. Under section 581.6(c), at the onset of a barrier impact, the vehicle's engine is operating at idling s peed.

Looking at the Bumper Standard as a whole, we believe it is clear that NHTSA decided to limit the barrier test's evaluation of bumper performance to how vehicles perform in 2.5 mph frontal impacts, even though the requirements have relevance at lower and higher speeds and when the vehicle is nonoperational. It is our interpretation that the barrier test requirements specified by this standard need to be met at all suspension heights that can occur at 2.5 mph.

We reach a different conclusion for the pendulum test, which serves the purpose of creating a bumper height requirement. This requirement is relevant at all vehicle speeds and suspension heights, and when the vehicle is nonoperational. I note that whil e Mazda is correct that the Bumper Standard's stated purpose is to reduce physical damage to motor vehicles in low speed collisions, NHTSA has justified the bumper height requirement on safety concerns related to "higher speed collisions." In proposing Standard No. 215, the predecessor of Part 581, the agency stated:

. . . in higher speed collisions the tendency of a bumper to override another or to ride under or over a guardrail creates hazards for vehicle occupants. Vehicles with interlocking bumpers block traffic and expose their occupants to considerable danger, particularly if they attempt to get out to unlock bumpers. By overriding or underriding a guardrail, a bumper may strike a supporting post, or similar fixed object, with serious consequences for the vehicle and its occupants. 35 FR 17999, November 24, 1970.

The relevance of the bumper height requirement to nonoperational

situations is also clear, e.g., to help protect parked cars.

Moreover, NHTSA has not decided to limit the bumper height requirement to how vehicles perform at certain limited speeds. It is our interpretation that the pendulum test requirements must be met at all suspension heights that can occur, regardless of ve hicle speed or whether the ignition is turned on.

This interpretation is consistent with an October 18, 1978 letter to Nissan, in which NHTSA addressed how the pendulum test applies to vehicles equipped with height control systems, including automatic height control systems. Among other things, the age ncy stated the following:

. . . There is no language in the pendulum test requirements of the standard which would limit their applicability to only the ignition-on or ignition-off situation or to the recommended driving position for normal roadways. The vehicle must be capable of meeting the pendulum test requirements at all stable bumper heights possible at unloaded vehicle weight.

Thus, in the situations described in Question 1 and 2 of your letter, in which an automatic height control system is employed, the vehicle must comply with the pendulum test requirements in both the ignition-on and ignition-off positions . . . .

I note that one of our past letters, a December 24, 1984 letter addressed to Porsche, appears to suggest that the pendulum test must be met in any setting in which the system operates "when the engine is idling." This might be read to suggest that the p endulum test need not be met when the vehicle is nonoperational. However, this interpretation cited section 581.6(c) in concluding that the engine is idling during Part 581 testing. Section 581.6(c) applies only to the barrier test and not the pendulum test. We therefore consider this interpretation to be incorrect to the extent that it is inconsistent with the analysis presented above.

ID: nht75-4.40

DATE: 06/03/75

FROM: AUTHOR UNAVAILABLE; J. C. Schultz; NHTSA

TO: Blue Bird Body Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of May 19, 1975, inquiring as to the effect of Federal Motor Vehicle Safety Standard No. 217, Bus Window Retention and Release, on a Connecticut law relating to school bus window emergency release.

As you are aware, section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)) provides that no State or political subdivision of a State may promulgate or continue in effect standards applicable to an aspect of motor vehicle or motor vehicle equipment performance which is covered by a Federal motor vehicle safety standard, unless the standards are identical.

Standard No. 217 includes provisions relating to emergency exit force applications. A differing State specification for emergency release force applications is voided by @ 103(d) since the Federal standard is intended to cover all aspects of emergency window release performance.

As explained in our November 29, 1974, letter to Mr. Donald L. Gibson (copy enclosed) a Federal standard will preempt any State law that relates to the same aspect of motor vehicle performance yet imposes different requirements.

Your responsibility as a manufacturer is to comply with the Federal safety standard. You should note, however, that purchase specifications may be imposed by any person or organization, including a State or municipality, with respect to vehicles purchased for the person or organization's own use. Such specifications are not limited by Federal law, and in the case of governmental bodies are specifically allowed by S 103(d), although of course they cannot alter a manufacturer's duty to conform to Federal standards.

SINCERELY,

May 19, 1975

Richard Dyson Assistant Chief Counsel U. S. Department of Transportation NHTSA

The State of Connecticut recently adopted new school bus specifications which will become effective on school buses manufactured after January 1, 1976. In two areas these specifications are more restrictive than FMVSS 217 Bus Window Retention and Release.

In section 14-275B-16 (d) and 14-275B-17 (a), (see attached copies), the Connecticut specifications call for emergency exit release forces of between 5 and 15 pounds and 5 and 20 pounds respectively. Since these forces are different than those required by FMVSS 217, this imposes an additional constraint on school bus manufacturers for that state. Also, we are concerned that latch forces as low as 5 pounds could result in inadvertent opening of emergency exits.

We are in receipt of a copy of a letter which you sent to Mr. Donald L. Gibson, dated November 27, 1974, with file reference N40-30 (KK). In that letter you state:

"The federal requirements must be regarded as conclusive with regard to parking brake performance and emergency braking capability in order to maintain the uniformity necessary in a federal regulatory scheme. If states were permitted to impose additional requirements in an area regulated by a federal safety standard, manufacturers would be confronted with an impossible task of compliance. This reasoning formed the bais of the recent decision rendered in a case brought by the Motorcycle Industry Council, Inc., against the State of California in the United States District Court for the Eastern District of California concerning the preemption of a California State requirement that motorcycle lamps be wired to operate when the engine is running. The court held that the California requirement is preempted by the Federal Motor Vehicle Standard 108 since the NHTSA intended to cover all aspects of performance directly involving motorcycle headlamps."

It appears to us that this current conflict between the new Connecticut regulations and FMVSS 217 is similar to the matter which you addressed in your letter quoted above.

In the light of such conflicting specifications, what is our responsibility as a school bus manufacturer.

W. G. Milby Staff Engineer

CC: JOHN O'CONNELL; DAVE PHELPS

MINIMUM REQUIREMENTS FOR TYPE I SCHOOL BUS CONSTRUCTION AND EQUIPMENT the release mechansism should be turned to open the emergency door shall be painted on the outside of the emergency door in black on the national school bus yellow background. The emergency door shall have a horizontal opening of at least 30 inches and a vertical opening of at least 48 inches measured from the floor level. No steps shall lead to the emergency door. The emergency door or exit shall be devised so as to be opened from the inside and the outside.

(b) The passage to the emergency door shall be kept clear of obstructions. For rear doors the horizontal clearance of 30 inches shall be maintained for a distance of at least twelve inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 30 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle.

(c) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than four hundred (400) square inches in the upper portion and not less than three hundred (300) square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body outer panels. The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side and shall open only outward. Control from the driver's seat shall not be permitted.

(d) The emergency door shall be equipped with a slide-bar, cam-operated latch which shall have a minimum stroke of one inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the driver's compartment which shall clearly indicate the unlatching of this door and no cutoff switch shall be installed in the circuit. The switch shall be enclosed in a metal case, and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interior handle which shall be capable of quick release upon application of a force between 5 and 15 pounds but shall be protected agains accidental release. It shall lift up to release the latch. The outside handle shall be installed in a vertical position when latched so as to minimize hitching and shall be a non-detachable device.

(e) An audio alarm shall indicate to the driver when any door is in the locked position while the ignition switch is in the "on" position.

Sec. 14-275b-17. Emergency Windows. (a) A rear emergency window at least 16 inches in height and as wide as practicable shall be provided in any bus where the emergency door is not in the rear. The rear window shall be designed so as to be opened from either the inside or the outside. It shall be hinged at the top and be equipped with a linkage or mechanism that will automatically hold the opened window against the force of gravity at a hinge opening angle of 60 +/- 5 degrees measured from the closed window position. Such linkage or mechanism shall not prevent the window from opening a full 90 degrees due to gravitational forces should the bus be inverted. A positive latch on the inside shall provide for quick release upon application of a force between 5 and 20 pounds but offer protection against accidental release. The outside handle shall be non-detachable and designed to minimize hitching.

(b) Labeling shall indicate in 1/2 inch letters on the inside how the window operates and in letters at least two inches in height the words "Emergency Exit" above on the inside and directly below on the outside.

(c) A distinctive audible signal automatically operated shall clearly indicate to the driver the unlatching of the rear emergency window or the opening of any push-out emergency windows and no cutoff switch shall be installed in the circuit.

(d) If there is a space between the top of the rear divan seat and the inside lower edge of the rear emergency window, such space shall be covered by a material of sufficient strength to sustain 600 pounds weight.

Sec. 14-275b-18. Exhaust System and Muffler. The exhaust system shall include the exhaust manifold and gaskets, piping leading from the flange of the exhaust manifold to and including the muffler(s). The system shall not extend into the body and shall be attached to the chassis. The tail pipe(s) shall be non-flexible sixteen gauge steel or equivalent and shall extend beyond the rear end of the chassis frame but not beyond the rear limit of the bumper. The complete exhaust system shall be tight and free from leaks and shall be properly insulated from the electrical wiring or any combustible part of the bus. It shall not pass within twelve inches of the fuel tank or its connections except that the exhaust system may come within four inches of the fuel tank or its connections if a suitable heat baffle is installed between the exhaust system and such tank or connections. The size of the pipes in the exhaust system shall not be reduced below that at the engine manifold.

$99(Illegible word)

1-28-75

ID: 2636y

Mr. Jack E. Eanes
Chief, Vehicle Services
State of Delaware
Department of Public Safety
Division of Motor Vehicles
P. O. Box 698
Dover, Delaware, 19903

Dear Mr. Eanes:

This is in response to your letter asking whether very darkly tinted rear windows that obscure the center highmounted stop lamp (CHMSL) required in passenger cars manufactured on or after September 1, 1985 would violate any Federal laws or regulations. Let me begin by apologizing for the delay in this response. I am pleased to have this opportunity to explain our laws and regulations for you.

The National Traffic and Motor Vehicle Safety Act (the Safety Act) authorizes this agency to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to issue two safety standards that are relevant to your question. The first of these is Standard No. 108, Lamps, Reflective Devices, and Associated Equipment (49 CFR 571.108), which applies to all new vehicles and new replacement equipment for motor vehicles. Among the requirements set forth in this Standard is a requirement for all passenger cars manufactured on or after September 1, 1985 to be equipped with a CHMSL of specified minimum size, brightness, and visibility from the range of locations set forth in the standard. The second relevant standard is Standard No. 205, Glazing Materials (49 CFR 571.205). This standard applies to all new vehicles and all new glazing for use in motor vehicles, and includes specifications for minimum levels of light transmittance of the glazing (70 percent light transmittance in areas requisite for driving visibility, which includes all windows in passenger cars).

Section 108(a)(1)(A) of the Safety Act (15 U.S.C. 1397(a)(1)(A)) provides that no person may manufacture or sell any vehicle unless it is in conformity with all applicable safety standards. A new passenger car with a rear window tinted so darkly that the CHMSL was not easily visible would probably not be in conformity with Standards No. 108 and 205, and so could not legally be manufactured or sold in the United States. However, this prohibition on the manufacture or sale of a nonconforming vehicle does not apply after a vehicle is first sold to a consumer.

Both before and after the first sale of a vehicle, section 108(a)(2) of the Safety Act (15 U.S.C. 1397(a)(2)) provides that: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." If any of the listed commercial entities were to install tint film or otherwise darken the rear windows on passenger cars so that the light transmittance of that window plus the darkening material was below 70 percent, those entities would be "rendering inoperative" the light transmittance of the rear window of the car, in violation of Federal law. This same prohibition in Federal law makes it unlawful for a service station to permanently remove the safety belts or permanently disconnect the brake lines on a car.

Please note that the Safety Act does not apply to the actions of individual vehicle owners. Vehicle owners may alter their own vehicles and operate them on the highways as they please, even if the vehicle no longer complies with the safety standards after such alterations. Hence, no provision of the Safety Act or our safety standards makes it unlawful for vehicle owners themselves to tint or otherwise darken the rear window of their car so that its light transmittance is below 70 percent and/or its CHMSL is obscured.

The individual States, however, do have authority to regulate the modifications that vehicle owners may make to their own vehicles. The States also have the authority to establish requirements for vehicles to be registered or operated in that State.

You indicated in your letter that the State of Delaware "allows vehicle rear windows to be tinted as dark as the owner desires." While I am not familiar with Delaware law, I assume that this statute, and similar statutes adopted by other States, does not purport to legitimize conduct -- the rendering inoperative of glazing and CHMSLs by firms installing window tinting -- that is illegal under Federal law. In other words, any commercial firms installing window tinting that results in light transmittance of less than 70 percent and/or reduces the required brightness of the CHMSL would have violated the "render inoperative" provision in Federal law, even if Delaware permits individual owners to make such modifications themselves and to register and operate vehicles with rear windows and CHMSLs that would not comply with the requirements of the Federal safety standards for new vehicles. Conversely, the Federal law setting requirements for the manufacture and sale of new vehicles and limiting the modifications commercial enterprises can make to those vehicles does not prohibit the State of Delaware from establishing lesser limits on owner modifications to their own vehicles and as the minimum requirements for vehicles to be operated and registered in the State of Delaware.

Thus, there does not appear to be any legal conflict between Federal law and Delaware law, and Delaware would be free to enforce the provisions of its law. We would, however, urge the State of Delaware to carefully consider the adverse safety consequences that will result from the provision of its law. NHTSA has determined that a 70 percent light transmittance minimum for new vehicles is the appropriate level to assure motor vehicle safety, and that the CHMSL on passenger cars enhances motor vehicle safety. It is not clear why the State of Delaware would conclude that the safety need that justifies requiring not less than 70 percent light transmittance and CHMSLs in new passenger cars is satisfied by allowing far lower light transmittance levels and lower-brightness CHMSLs in passenger cars to be operated in the State.

I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel /ref:108#205#VSA d:7/3l/90

ID: 21492volvotension

William Shapiro, P.E.
Director, Regulatory Compliance and Environmental Affairs
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647-0913





Dear Mr. Shapiro:

This responds to your letter asking about a certain aspect of the dynamic test procedure of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems, as applied to a new add-on rear-facing child restraint system that Volvo has developed. Your question relates to a movable surface, a "tension bracket," on the child restraint system that a consumer installing the child restraint would adjust. The tension bracket would increase the tension of the vehicle belt system that attaches the child restraint to the vehicle seat. You ask whether we would deploy the tension bracket in our compliance test of Standard No. 213. Our answer is no.

Background
You explain that the child restraint system ("CRS") is designed in both an infant-only configuration (for children with a mass of up to 10 kilograms (kg)), and a "toddler" configuration (children in the range of 9 to 18 kg). You state that both configurations use a base, or frame, that attaches to the vehicle seat by way of the vehicle belt system and by components that attach to the lower bars of a child restraint anchorage system (see FMVSS No. 225, 49 CFR 571.225).

Your inquiry relates to attaching the child restraint system by way of the vehicle belt system. Volvo designed a tension bracket for this means of attachment, described by you as: "an inverted "U"-shaped surface, attached near the edge of the CRS base or CRS frame (the edge of the CRS which is closest to the vehicle's seat bight)." When the tension bracket is deployed, it "increases tension on the vehicle's belt system, enhancing the coupling of the CRS to the vehicle seat...."

Section 6.1.2(d)(ii) of Standard No. 213 specifies that, when a child restraint is tested on the standard seat assembly when attached by a Type I (lap belt), the belt is tightened to a tension of not less than 53.5 Newtons (N) and not more than 67 N. Volvo believes that the dynamic test should be conducted by "first, routing the standard vehicle lap belt through the CRS belt path/guide, second, adjusting the belt tension to be in the range of 53.5-67 N, and then third, pushing the tension bracket ("U"-shaped surface) against the vehicle seat back by pushing the handle at the top of the tension bracket and the padded top crossbar of the CRS frame apart." Deploying the tension bracket in the sequence will increase the belt tension above 67 N.

You believe that the dynamic test procedure (S6.1.2) of Standard No. 213 permits the deployment of the tension bracket and the resultant increase in belt tension (above 67 N) because S6.1.2 specifies that the add-on child restraint system is installed at the center seating position of the seat assembly "in accordance with the manufacturer's instructions provided with the system." You state that your instructions tell the consumer to (a) "tighten the lap belt fully" while pressing the base into the seat cushion, then (b) deploy the tension bracket. You therefore believe that the dynamic test should be conducted with the tension bracket deployed, since deploying it would be in accordance with your instructions.

Discussion
We do not agree that, for purposes of conducting the dynamic tests in Standard No. 213, the tension bracket should be deployed after the lap belt has been adjusted to 53.5 to 67 N.

The dynamic test procedures of Standard No. 213 are carefully controlled to ensure that all child restraints are tested in the same manner, under identical conditions. Section 6.1.2(d)(ii) of Standard No. 213 specifies the amount of tension that must be on the lap belt (not less than 53.5 N to not more than 67 N) to control the means of attaching each child restraint, thereby reducing variability, and to better assess the performance of the restraint. Under the test procedures of the standard, the tension of the lap belt is checked and controlled immediately before the dynamic test. (See S6.1.2(d)(ii) and S6.1.2(e).) Contrary to your suggestion, we do not subsequently adjust the child restraint to make sure that various features of the restraint that may have been added by the manufacturer are deployed.

Further, specifying the amount of tension that is in the lap belt helps ensure that all child restraints can provide a minimum level of safety when attached in a standardized manner. In our view, no child restraint can be tested with more than the specified 67 N of tension, since that would make the test less stringent. We note that the child restraint requires action on the part of the consumer to increase the belt tension. It does not do so automatically. If the tension adjustment in the seat operated automatically, such that it was impossible to install the seat at a tension below 67 N, we would test at the higher tension.

With your child restraint system, the benefits from the increased tension of the vehicle belt will not be realized by consumers who neglect to deploy the tension bracket or who do so incorrectly. The possibility of the tension bracket not being used is not insignificant, since child restraints do not generally use a tension bracket. The attachment of child restraints to vehicle seats is intended to be standardized. Thus, child restraints must meet the minimum performance requirements of Standard No. 213 regardless of whether a tension bracket is deployed, to guard against a degradation of safety in cases where the bracket is misused.

Accordingly, we conclude that child restraints must meet the minimum performance requirements of Standard No. 213 when the lap belt has a tension of not more than 67 N. We realize that your feature can tension a vehicle belt further and that the removal of slack in the belt system is generally beneficial to child restraint performance. However, our conclusion ensures that child restraints provide a minimum level of safety even when features that are supplemental to the standard means of attaching a child restraint are not used as intended.

If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

Frank Seales, Jr.
Chief Counsel

ref:213
d.10/17/00