Interpretation ID: aiam4126
Vice President
Governmental Affairs
Subaru of America
Inc.
7040 Central Highway
Pennsauken
NJ 08109;
Dear Mr. Utans: This responds to your letter requesting an interpretation of the Par 581, Bumper Standard. You asked whether a vehicle with an adjustable suspension height control system is tested at the manufacturer's nominal design highway adjusted height position. You stated that the very reason that adjustable height is provided (increased ground clearance and ramp angle for special operations) would be defeated by requiring bumpers to extend low enough to provide Part 581 protection at the elevated settings.; As discussed below, it is our interpretation that a vehicle must b capable of meeting the standard's damage criteria at any height position to which the suspension can be adjusted.; As noted by your letter, section 581.6 of the Bumper Standard set forth conditions applicable to bumper testing. For example, the vehicle is at unloaded vehicle weight, the front wheels are in the straight ahead position, etc. The standard does not, however, include a test condition specifically addressing suspension height.; Given the absence of the specific test condition concerning suspensio 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 Bumpe 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 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.; We appreciate your concern that the very reason that the adjustabl height is provided (increased ground clearance and ramp angle for special operations) is defeated by requiring bumpers to extend low enough to provide Part 581 protection at the elevated settings. As you may know, the National Highway Traffic Safety Administration cited reasons along those lines in a notice published in the *Federal Register* (49 FR 34049) denying petitions for rulemaking to establish safety requirements for bumpers on vehicles *other* than those covered by Part 581. If the agency were to consider establishing special provisions in Part 581 for vehicles with adjustable suspension height control systems, it would need to be done in rulemaking.; Sincerely, Erika Z. Jones, Chief Counsel