Interpretation ID: aiam3071
Nissan Motor Co.
Ltd.
Suite No. 1012
1028 Connecticut Avenue
N.W.
Washington
DC 20036;
Dear Mr. Murakami: This responds to your letter of July 3, 1979, asking several question concerning the definition of 'designated seating position' (49 CFR 571.3), as that term was recently amended (44 FR 23229, April 19, 1979).; In your first question, you ask for confirmation that any bench o split-bench seat with less than 50 inches of hip room may never be required to have three or more than three designated seating positions, notwithstanding the capability of accommodating a person at least as large as a fifth percentile adult female. Your assumption is incorrect. As noted in the preamble to the recent amendment, the 50-inch specification does not mean that some vehicle seats with less than 50 inches of hip room should not also have more than two designated seating positions, if the vehicle and seat design is such that three positions would likely be used (44 FR 23232). The specification is merely the amount of space the agency will consider as conclusive evidence that there should be at least three designated seating positions. The 50-inch caveat was included in the definition to simplify determinations of proper seating capacity by both manufacturers and the agency.; Your second question involves technical aspects of the amende definition of 'designated seating position'. The definition specifies that 'hip room' is to be measured in accordance with SAE J1100(a). That standard defines 'hip room' as,; >>>'the minimum dimension measured laterally between the trimme surfaces on the 'x' plane through the SgRP-front within 1.0 in. (25mm) below and 3.0 in. (76mm) above the SgRP-front and 3.0 in. (76mm) fore and aft of the SgRP-front.' (Area A in your diagrams.)<<<; Your question includes diagrams and asks whether various portions o vehicle seats or other components would be considered 'trimmed surfaces' within SAE Standard J1100(a).; Specifically, you ask whether slightly soft surfaces such as arm rests seat back contours or other raised portions of the seat cushion would be considered 'trimmed surfaces', for purposes of determining the minimum hip room dimension. The answer to your question is yes. The agency would probably consider all of the surfaces illustrated in your letter 'trimmed surfaces' and, strictly speaking, within the meaning of the SAE procedure. This interpretation must be qualified, however. The procedure specifies that 'hip room' is the minimum dimension 'between trimmed surfaces'. If a particular bench seat has distinct sections, the total dimension must be determined by adding the minimum dimensions of each section. For example, your Figure 5 illustrates a bench seat that includes a slightly raised center surface on the tunnel (in the center of the seat over the driveshaft). The lowest portion of Area A as defined in SAE J1100(a) would strike the side of this elevated center section, even though the top portion of Area A would be above the elevation. In such a case, there would be three distinct portions of the seat (the driver's seat, the passenger seat, and the center seat position) that should be measured separately and then added together to get the total dimension. Otherwise, only the portion of the seat on the driver's side of the center elevation would be measured under the strict wording of the SAE procedure--an absurd result.; Regarding these questions about the measurement procedure, I must mak several candid remarks. The agency will not allow manufacturers to avoid the obvious intent of the definition of 'designated seating position' by finding loopholes in the measurement procedure. Further, as noted above, even if the hip room as measured in accordance with SAE J1100(a) is less than 50 inches, a manufacturer may still be required to designate three seating positions. If the measured dimension is less than 50 inches only because of slight elevations or contours on the outside seat cushion, a manufacturer must designate at least three positions if these elevations or contours are not real impediments to three persons occupying the seat.; Determinations of designated seating capacity under the amende definition should not cause manufacturers any real problems. If a manufacturer truly only intends to market a particular bench or split-bench seat for two occupants, he can and should make this obvious by the seat design, regardless of whether the total seat dimension is more than 50 inches or less than 50 inches. One simple way to do this is to install a permanent arm rest or console in the center portion of the seat.; I hope this response has clarified our position and will alleviate an problems you might have in making future determinations of proper designated seating capacity.; Sincerely, Frank Berndt, Chief Counsel