Interpretation ID: 1983-3.32

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Nissan Research & Development, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

DEC 12 1983

NOA-30 Mr. Shizuo Suzuki Nissan Research & Development, Inc. 1919 Pennsylvania Avenue, N.W. Suite 707 P.O. Box 57105 Washington, D.C. 20037

Dear Mr. Suzuki:

This responds to your letter of September 22, 1983, regarding the applicability of Safety Standard No. 201, Occupant Protection in Interior Impact, to a power window switch separated from and located in front of a conventional armrest. Additionally, you ask for clarification of the definition of an "armrest" under paragraph S3.5 of the standard.

Upon review of your sketches of the power window switch and conventional armrest, the National Highway Traffic Safety Administration has determined that this switch does not come within the scope of the meaning of the term "armrest." The design and location of the conventional armrest would apparently preclude uyse of the structure housing the switch as an armrest. Therefore, the power window switch is not subject to the requirements of S3.5 of Standard No. 201.

In support of your contention that S3.5 does not apply to the power window switch, you refer to an oral interpretation of 1976 concerning assist straps and armrests. Please note that this agency is not bound by any oral interpretations as to the requirements of Federal safety standards. Although agreeing with Nissan's conclusion that Standard No. 201 is not applicable to the diagrammed power window switch, this agency did not base its determination on the stated oral interpretation of 1976.

Further, you ask for a clarification of the definition of an "armrest." The term "armrest" is not defined under Standard No. 201. The basic meaning of "armrest" in Webster's New Third International Dictionary is "a support for the arm." To define this term further would only serve to limit this agency's ability to respond adequately under Standard No. 201 to future innovations.

Sincerely,

Frank Berndt Chief Counsel

NISSAN RESEARCH & DEVELOPMENT, INC. Washington, DC 20037 September 22, 1983 Ref: W-024-S Mr. Frank Berndt Chief Counsel Room 5219 National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590

Dear Mr. Berndt:

I am writing on behalf of Nissan Motor Co., Ltd. to request an interpretation concerning the Federal Motor Vehicle Safety Standard No. 201 "Occupant Protection in Interior Impact" (49 CFR Part 571).

Nissan's question is whether or not the requirements of S 3.5 question of MVSS 201 are applicable to the power window switch which is located in front of a conventional arm rest as shown below:

"INSERT"

Furthermore, it would be most helpful if you could clarify the definition of an "Arm Rest."

The Engineering Staff of Nissan think that the power window switch does not need to meet the requirements of MVSS 201 for the following reasons:

* The power window switch cannot be used as a conventional arm rest. Moreover, there is a conventional arm rest.

* When Nissan Motor Co., Ltd. asked for an oral interpretation in 1976, concerning whether the assist strap shown below had to meet the requirements of MVSS 201, NHTSA replied as follows:

* If the assist strap is integrated with the arm rest, the assist strap must meet the requirements of S 3.5 of MVSS 201.

* However, if the assist strap is separated from the arm rest, and even if both parts are combined when installed on a door, that assist strap does not need to meet the requirements of S 3.5 of MVSS 201.

"INSERT"

Thank you for your prompt reply in interpreting this matter for me.

Very truly yours,

Shizuo Suzuki Washington Representative Safety

SS:kms

cc: Mr. Steve Oesch Chief Counsel Office