Interpretation ID: Wheeler.1
Ms. Angela Wheeler
California Department of Transportation
Division of Equipment
34th Street & Stockton Boulevard
P.O. Box 160048
Sacramento, CA 95816-0048
Dear Ms. Wheeler:
This responds to your letter in which you seek clarification regarding the implications under the Federal motor vehicle safety standards (FMVSSs) of modifying the seat assemblies of 20 medium-duty trucks to convert them from having intermediate seat backs to high seat backs. The purpose of these modifications would be to improve driver safety in the event of a rear impact. According to your letter and a subsequent phone conversation with Eric Stas, you stated that the California Department of Transportation, Division of Equipment (CalDOT) is a final-stage manufacturer of these vehicles, and it affixes certification labels in accordance with 49 CFR Part 567, Certification. You stated that CalDOT owns the vehicles in question and would make such modifications itself. Your letter also described in detail both the original seat assembly delivered with the vehicle and the replacement seat assembly (whose back portion you wish to install), both of which you state conformed to FMVSS No. 207, Seating Systems, at the date of manufacture. We are pleased to have the opportunity to answer your questions related to our standards.
By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not issue approvals of these products, but instead, a manufacturer of motor vehicles or motor vehicle equipment must self-certify that its products comply with all applicable safety standards, prior to offering such products for sale. Standard No. 207 specifies performance requirements for seats, their attachment assemblies, and their installation, in order to minimize the possibility of seat failure resulting from crash forces.
Before answering your specific questions, I would begin by discussing a few general matters of relevance here. First, it should be noted that under our certification requirements, every completed vehicle must be certified as complying with applicable
FMVSSs. Final-stage manufacturers that complete vehicles for their own use are subject to this requirement. Under 49 U.S.C. 30112(a), a person may not "manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States" any motor vehicle or motor vehicle equipment, unless such vehicle complies with safety standards and is so certified. Ongoing use of a vehicle by its manufacturer on the public highways would constitute introduction of the vehicle into interstate commerce. Therefore, a manufacturer would need to certify the vehicle prior to such use, even if the vehicle has not been sold.
In a phone conversation, you also asked about CalDOTs responsibilities at the time of sale of these vehicles (i.e., after they have been used on the public highways by CalDOT). As indicated above, 49 U.S.C. 30112(a) prohibits a person from selling a vehicle unless it complies with applicable safety standards. Your question raises the issue of whether a vehicle that has been used by its manufacturer on the public highways, but has never been sold, must continue to meet the safety standards at the time it is eventually sold. If the user-manufacturers (in this case CalDOTs) use of the vehicle has been bona fide, we would consider CalDOTs actions in using the vehicles on the public highways to be equivalent to the first purchase of the vehicle for purposes other than resale. This would have an impact upon CalDOTs ongoing responsibilities, because under 49 U.S.C. 30112(b)(1), "This section [49 U.S.C. 30112] does not apply to (1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale." Thus, when CalDOT sells these trucks, they would be sold as used vehicles, and no additional certifications or alterations would be required under our regulations prior to sale.
As a general matter, Federal regulations do not prevent final-stage manufacturers, dealers, or repair businesses from modifying an original seat. For modifications made prior to initial vehicle sale, the entity must ensure that the new or modified seat and its attachment assembly comply with FMVSS No. 207, as is required under 49 U.S.C. 30112. For modifications made after the vehicle is certified and sold, the business must ensure that its modifications do not violate the "make inoperative" provision of 49 U.S.C. 30122, which prohibits actions that would take a vehicle out of compliance with any applicable motor vehicle safety standards.
We now turn to the three specific questions presented in your letter. For ease of reference, we repeat each question, followed by our response:
(1) "Does the nominal change in weight and CG [center of gravity] require the new assembly to be tested to S4.2 [of] FMVSS No. 207?"
Each of our safety standards specifies the test conditions and procedures that NHTSA will use to evaluate the performance of the vehicle or equipment when testing for compliance with that particular standard. NHTSA follows each of the specified test procedures and conditions in effect at the time of product certification when conducting its compliance testing. In this case, S4.2, General performance requirements, of FMVSS No. 207 provides:
When tested in accordance with S5, each occupant seat, other than a side-facing seat or a passenger seat on a bus, shall withstand the following forces, in newtons.
(a) In any position to which it can be adjusted20 times the mass of the seat in kilograms multiplied by 9.8 applied in a forward longitudinal direction;
(b) In any position to which it can be adjusted20 times the mass of the seat in kilograms multiplied by 9.8 applied in a rearward longitudinal direction;
(c) For a seat belt assembly attached to the seatthe force specified in paragraph (a), if it is a forward facing seat, or paragraph (b), if it is a rearward facing seat, in each case applied simultaneously with the forces imposed on the seat by the seat belt assembly when it is loaded in accordance with S4.2 of 571.210; and
(d) In its rearmost positiona force that produces a 373 newton meters moment about the seating reference point for each designated seating position that the seat provides, applied to the upper cross-member of the seat back or the upper seat back, in a rearward longitudinal direction for forward-facing seats and in a forward longitudinal direction for rearward-facing seats.
However, we note that a manufacturer is not required to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements of the safety standards (including actual testing, computer simulation, engineering analysis, or other means), provided that the manufacturer assures that the vehicle or equipment will comply with the safety standards when tested by the agency according to the procedures specified in the standard. The requirements concerning certification may be found at 49 CFR Part 567.
In evaluating the need to conduct testing, relevant considerations here would include whether the new seat would require increased loading (due to greater mass) and load application at a greater height (due to higher center of gravity), as these factors could potentially induce greater stress on the seat and seat attachment hardware.
(2) "If re-testing is required as a final stage manufacturer, can we perform the required testing within our own testing facilities to ensure conformance to FMVSS No. 207?"
Consistent with our response to Question (1) above, if CalDOT chooses to conduct testing pursuant to FMVSS No. 207, it may do so at its own testing facilities.
(3) "If testing is required, does the seat belt attachment shown in Figures 3 and 4 require test S4.2c to be included?"
We note that your letter included several photographs (i.e., Figure 1 (original seat); Figure 2 (proposed seat); Figures 3 and 4 (depicting seat belt attachment)). However, we cannot determine from these photographs whether your proposed seat modifications would warrant your conducting testing under S4.2(c) of the standard. The responsibility for this determination lies with the entity that makes the modifications.
We note generally that S4.2(c) applies in those instances where a seat belt assembly is "attached" to the seat, in order to account for associated forces that may act on the seat in the event of a crash. In a July 10, 2000 interpretation letter to Mr. Gil De Laat, we examined whether a webbing guide permanently attached to the seat, but which did not have any "structural benefit" for purposes of seat or safety belt performance, is an "attachment" for purposes of S4.2(c). As presented by Mr. De Laat, the webbing guide in question served no structural purpose and would not transfer safety belt loads to the seat itself. Because the seat would not be loaded in a crash by the forces generated by the safety belt loads to the seat itself, we determined that it would not be necessary that the seat be capable of withstanding the load from the belt, so use of the webbing guide would not require that the seat be subjected to the seat belt anchorage loads of FMVSS No. 210, as described in S4.2(c) of FMVSS No. 207.
I hope you find this information useful. If you have further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
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