Interpretation ID: nht79-4.4

DATE: 11/02/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: American Motors Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This responds to your letter of October 11, 1979, requesting our opinion concerning the proper designated seating capacity of the rear seat in your 1981-model AMC Spirit.

You state that the planned 1981 Spirit rear seat will have approximately 43 inches of hip room. The amended definition of designated seating position specifies that any position likely to be used as a seating position while the vehicle is in motion will be considered a designated seating position, and includes a caveat that bench or split-bench seats having greater than 50 inches of hip room shall have not less than three designated seating positions. Since the hip room in the rear seat of the 1981 Spirit will be well below the 50-inch caveat in the amended definition, and since you state that the rear seat will be contoured for two persons with distinct recessed areas for each person's buttocks, we conclude that this particular seat would qualify as a two-passenger seat. Under the definition, whether a particular position is "likely to be used" is determined by the overall seat configuration and design and vehicle design. Given the limited amount of hip room and the configuration of the planned 1981 Spirit rear seat, it is not likely that more than two persons will occupy the seat.

American Motors Corporation

October 11, 1979

Joan B. Claybrook Administrator National Highway Traffic Safety Administration U.S. Department of Transportation

Dear Ms. Claybrook:

This letter addresses our intended passenger seating designation for the rear seat of our planned 1981 model AMC Spirit. We believe our plans are consistent with the intent of the NHTSA. We have based our designation upon our perception of "likely use" as we interpret the history surrounding the definition of designated seating position as published by the NHTSA as 49CFR Part 571.3.

The designation definition was the subject of a rather lengthy discussion at a periodic DOT/Industry meeting conducted in Ann Arbor, Michigan on August 15, 1979. The discussion essentially focused to the confusion surrounding the criteria for establishing the seating capacity of small-car rear seat with hip space less than 50 inches. The NHTSA counsel at the meeting reported to those present that a small-car rear seat with hip space well below 50 inches would not likely be considered a three-passenger seat by the NHTSA.

Our planned 1981 AMC Spirit rear seat has approximately 43 inches of hip space. The seat cushion is contoured for two persons with distict recessed areas for each person's buttocks loacted essentially aft of the two front-seating positions. The recessed areas result in a lower "H" point at the two intended seating positions and thereby provide incremental headroom. The seat is essentially unchanged from our 1979 and 1980 models which we have designated as a two-passenger configuration.

We are planning to designate the 1981 AMC Spirit rear-seat configuration as two-passenger. We believe our determination conforms with the subjective criteria for seating designation specification, as defined, and is responsive to the likely use of Spirit owners. However, to assure avoidance of any post-production discussion of compliance, we hereby ask you and your staff to review our particular configuration and advise us of your determination. We request your concurrence with our two-passenger designation conclusion prior to November 1, 1979.

Thank you for your consideration.

K. W. Schang Director - Vehicle Safety Programs