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Interpretation ID: nht76-4.44

DATE: 09/27/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Joseph G. Bishop -- U.S. Coach Corp.

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your July 7, 1976, request for information regarding the applicability of Federal motor vehicle safety standards to "rumble seat kits" for installation in passenger cars. The answers to your questions are as follows:

(1) "Is there any Federal Motor Vehicle Safety Standards or Regulations that would preclude the installation of rumble seats in passenger cars?"

The answer to your question is no.

(2) "What are the current Federal Motor Vehicle Safety Standards and Regulations that would be specifically applicable to the installation of rumble seats in passenger cars?"

Installation of the rumble seats could affect compliance of the vehicle with the following safety standards: Standard No. 207, Seating Systems; Standard No. 208, Occupant Crash Protection; Standard No. 209, Seat Belt Assemblies; Standard No. 210, Seat Belt Assembly Anchorages; and Standard No. 110, Tire Selection and Rims.

We are assuming that the rumble seats would be installed in completed vehicles that are already certified, in which case the alterer would be required to meet the requirements of 49 CFR Part 567. Section 567.7 requires one who alters a previously certified vehicle, prior to its first sale, (by other than readily attachable components) to affix an additional label to the vehicle, stating that the vehicle remains in compliance with all applicable safety standards after the alteration. It should be noted that any additional weight created by the rumble seats or a change in the distribution of weight could also affect the vehicle's compliance with other safety standards whose test procedures require a barrier crash test.

We also would point out that 49 CFR Part 575 requires manufacturers to provide consumer information regarding vehicle stopping distance, tire reserve load, and acceleration and passing ability, at the point of first sale of the vehicle and along with the purchased vehicle. The increased weight created by the rumble seats could require modification of the information that would have to be provided.

(3) "Is there any State or Local Motor Vehicle Safety Standards that to your knowledge may preclude the installation of rumble seats in passenger vehicles?"

We are not aware of any State or local regulations that would preclude installation of rumble seats in passenger vehicles.

(4) Can you furnish a list of Government approved independent testing facilities for FMVSS compliance testing?" The National Highway Traffic Safety Administration (NHTSA) does not approve independent testing facilities, nor will it recommend that any particular testing center be utilized. You might wish to contact the American Association of Motor Vehicle Administrators concerning this subject, at 1201 Connecticut Avenue, N.W., Washington, D.C.

(5) "Can the NHTSA make any design recommendations related to the installation of rumble seats in passenger vehicles?"

The NHTSA does not provide engineering expertise regarding the manufactuer of motor vehicles or motor vehicle equipment. However, the agency will answer specific questions that a manufacturer might have concerning the basis for a particular performance requirement.

(6) "Is there any future or pending legislation that may be related to the installation of rumble seats in passenger vehicles?"

At the present time there is no pending Federal legislation relating to the installation of rumble seats in passenger vehicles, nor is any such legislation anticipated by the NHTSA in the immediate future.

The statements made above are directed primarily to the situation in which rumble seats would be installed prior to first sale of the vehicle, and in which the vehicle would have to be certified as being in compliance with all applicable motor vehicle safety standards. Please note, however, that the aftermarket installation of rumble seats might also be subject to Federal requirements.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 provides that, with one exception, "no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." Therefore, no manufacturer, distributor, dealer, or repair business may install the rumble seats in a motor vehicle if he knows that such installation would alter the vehicle's compliance with any safety standard. For example, installation of rumble seats could possibly affect components of the vehicle that are subject to the requirements of safety standards such as Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, or Standard No. 301, Fuel System Integrity.

SINCERELY,

U.S. COACH CORP.

July 7, 1976

Robert L. Carter Associate Administrator - Motor Vehicle Programs National Highway Traffic Safety Administration

Re: Request for FMVSS Information Covering Automotive Accessories

U.S. Coach Corporation designs, engineers and manufactures automotive accessory items for installation on passenger car vehicles at distribution centers throughout the United States. Several of our products are installed on vehicles prior to sale to the original owner at the dealer level and are therefore considered O.E.M. products requiring our certification that structural modifications are in compliance with all applicable Federal Motor Vehicle Safety Standards.

We are currently designing and developing a "Rumble Seat Kit" that will accomodate two passengers in a seat located in the trunk or luggage compartment of passenger vehicles. My review of the National Traffic and Motor Vehicle Safety Act of 1966 as amended, did not reveal any preclusion of the use of a 'Rumble Seat Option' in passenger vehicles.

It is our intent to proceed with our program to meet the passenger restraint requirements of Standards 208, 209 and 210 with Type 1 seat belts and installed in a manner that compliance with all Federal Motor Vehicle Safety Standards is preserved.

Since our Corporate intent is to manufacture and sell products that not only meet or exceed all existing Federal Safety Standards but will also afford the highest level of protection to the consumer, we are very interested in any recommendations the N.H.T.S.A. may offer pertaining to occupant protection in open vehicle passenger accomodation specifically in the "Rumble Seat" application.

Would you please respond to the following questions as well as making any comments or suggestions relating to our program:

1. Is there any Federal Motor Vehicle Safety Standards or Regulations that would preclude the installation of rumble seats in passenger vehicles?

2. What are the current Federal Motor Vehicle Safety Standards and Regulations that would be specifically applicable to the installation of rumble seats in passenger vehicles?

3. Is there any State or Local Motor Vehicle Safety Standards that to your knowledge may preclude the installation of rumble seats in passenger vehicles?

4. Can you furnish a list of Government approved independent testing facilities for FMVSS compliance testing?

5. Can the N.H.T.S.A. make any design recommendations related to the installation of rumble seats in passenger vehicles?

6. Is there any furture or pending legislation that may be related to the installation of rumble seats in passenger vehicles?

We sincerely appreciate any assistance you may provide in the above matter.

Joseph G. Bishop President