Interpretation ID: GF000494

Ms. Erika Z. Jones
Mayer, Brown, Rowe & Maw LLP
1909 K Street, NW
Washington, DC 20006-1101

Dear Ms. Jones:

This responds to your January 16, 2004, letter regarding applicability of 49 CFR 571.201, S6.3(b) to targets located near third row folding bench seats. Specifically, you ask whether targets located within 600 mm of a third row folding bench seat, which is not a split row bench seat, are excluded from the requirements of S6.1 and S6.2 of the Federal Motor Vehicle Safety Standard (FMVSS) No. 201, when the third row bench seat is in a stowed position. NHTSA will not test these target points for compliance if the seat, when stowed, is not likely to be used as a seating position while the vehicle is in motion.

S6.3(b) excludes targets located rearward of a vertical plane 600 mm behind the seating reference point of the rearmost designated seating from the requirements of S6.1 and S6.2 of FMVSS No. 201. In your letter, you describe a vehicle featuring three rows of seats. The third row bench seat stows to in order to create an expanded cargo area. The third row seat has a latch system attached to the D-pillar that secures the seat back in its upright position. When the third row bench seat is stowed, the latch remains exposed. The latch is located within 600 mm of the seating reference point of the third row bench seat, but beyond 600 mm from the seating reference point of the second row seat. You ask if the second row seating position would be considered the rearmost designated seating position when the third row seat is stowed.

The term "designated seating position" is defined at 49 CFR 571.3 as "any plain view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats." The third row folding bench seat described in your letter is not an auxiliary seating accommodation because it is not a temporary or a jump seat but a permanent seat available for use by occupants.

When in the upright position, the third row seat described in your letter constitutes the rearmost designated seating position for the purpose of S6.1 and S6.2. In a 1993 interpretation letter to Michael Love of Porsche, the agency stated that a folding rear seat described in that letter would be considered a designated seating position at all times. We noted that the examples provided by Porsche were not precise enough for us to make a more specific determination as to whether the vehicle in question must comply with all requirements related to a specific designated seating position. In the present case, the third row seat, when in its stowed position, is unlikely to be used for anything other than cargo carrying, since it appears that all available leg room would be occupied by the folded seat back.

Accordingly, NHTSA would not test for compliance with S6.1 and S6.2 at the target point in question when the third row seat is in its stowed position. However, compliance with the requirements of S6.1 and S6.2 would be verified when the third row bench seat is in its upright position intended for occupant use.

I hope you find this information helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:201
d.5/4/04