Interpretation ID: aiam1624
Esq.
Paulson and Humphreys
1140 Connecticut Avenue
N.W.
Washington
DC 20036;
Dear Mr Humphreys: This responds to your October 8, 1974, requesting in behalf of Chinoo International that the NHTSA specify the requirements established for side-facing seats in multipurpose passenger vehicles (MPV's) which are designated seating positions. You also ask if the final-stage manufacturer of a vehicle would be solely responsible for compliance with any applicable Federal motor vehicle safety standards and for any safety-related defect later found in the side-facing seats.; Standard No. 207, *Seating systems*, applies to MPV's but it specifie no requirements for the side-facing seats you describe unless they have a hinged or folding back. Section S4.2 specifically excludes side-facing seats from all seat strength requirements. Section S4.3 specifies requirements only for 'a hinged or folding occupant seat or occupant seat back.' Section S4.4 only requires labeling of 'seats not designated for occupancy.'; Standard No. 208, *Occupant crash protection*, applies to MPV's an requires MPV's manufactured during the period from January 1, 1972 to August 14, 1975, to have a Type I or Type II seat belt installed at each designated seating position. A Type I or II seat belt assembly means that the belt assembly must conform to the requirements of Standard No. 209, *Seat belt assemblies*. Further requirements would apply to a designated seating position that includes the windshield header within the head impact area.; Standard No. 210, *Seat belt anchorages*, also applies to MPV's Paragraph S4.1 requires that seat belt anchorages be installed for each designated seating position, including side-facing seats. Paragraph S4.2 specifically excludes the anchorages provided at side-facing seats from any strength requirements. Paragraph S4.3 specifies certain location requirements for the placement of seat belt anchorages on side-facing seats.; Part 567, *Certification*, requires that, in the case of vehicl manufactured in two or more stages, the final-stage manufacturer (defined in Part 568 as a person who performs such manufacturing operations on an incomplete vehicle that it becomes a completed vehicle) must certify compliance of the vehicle with all applicable Federal motor vehicle safety standards by affixing a label to the vehicle (S 567.5), unless the incomplete vehicle manufacturer or intermediate vehicle manufacturer assumes legal responsibility. The fact that Toyota retains title to the vehicle does not affect a determination of legal responsibility. As described in your letter, Chinook would be the final-stage manufacturer responsible for compliance with all applicable safety standards. In discharging this responsibility, he may rely on data furnished by the incomplete vehicle manufacturer.; We are unable to state flatly that Chinook, as the final-stag manufacturer, would be solely responsible for defects in side-facing seats. We have authority over a manufacturer of motor vehicle equipment and could therefore pursue any safety-related defect with the seating manufacturer (which may or may not be Chinook). As for seat strength, I cannot at present envision a situation in which the incomplete vehicle manufacturer would be responsible for safety- related defects in the side-facing seats built by Chinook.; Yours truly, Richard B. Dyson, Acting Chief Counsel