Interpretation ID: 17885a.nhf

Mr. Jerry G. Sullivan, Jr.
The Braun Corporation
P.O. Box 310
Winamac, IN 46996

Dear Mr. Sullivan:

This responds to your letter requesting information regarding the conversion of vans for the transportation of physically challenged persons. I apologize for the delay in my response. In a telephone call with Nicole Fradette of my staff, you explained that the vans you convert come equipped with a driver and right front passenger seat and an on-off switch for the passenger air bag. You explain that these vehicles do not have rear seats and that you install rear seats in all of the vans as part of the conversion. Further, you explain that you permanently remove the right front passenger seat in 90 percent of these vehicles and install a permanent ambulatory walk-through entrance door in that area. You ask whether in those cases you can turn the passenger air bag switch to the off position and permanently cover and seal the bezel so that the air bag will remain off permanently. Further, you ask whether in the remaining cases, where you leave the right front passenger seat and install rear seats in the vehicles, you can turn the switch to the on position and cover and seal the bezel so that the air bag remains permanently activated. Based on the information supplied with your letter, it appears that the modifications as described in your letter would be consistent with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection.

We would like to begin by explaining that the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. Manufacturers are required to certify that their products conform to our safety standards before they can be offered for sale. Federal law prohibits any person from manufacturing, introducing into interstate commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item conforms to all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment items, nor does the agency endorse any commercial products or their vendors. Instead, the motor vehicle safety statutes, found in Chapter 301 of Title 49, U.S. Code, establish a self-certification process under which each manufacturer must certify that its products meet all applicable safety standards.

From the description you included with your letter, it appears that Braun would be considered an alterer for purposes of certifying compliance with the safety standards. An "alterer" is one who, before the sale of a previously-certified new motor vehicle to its first retail purchaser, modifies the vehicle other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, or by altering a vehicle so that its stated weight ratings are no longer valid (49 CFR 567.7). Alterers must ensure that the vehicle, as altered, conforms to the FMVSSs affected by the alteration(s) and certify to that effect in accordance with 49 CFR 567.7.

Standard No. 208, Occupant Crash Protection (49 CFR 571.208) requires all trucks and multipurpose passenger vehicles (with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less) to be equipped with air bags at the driver and passenger designated seating positions. On-off switches for passenger side air bags may be installed in vehicles that either lack forward facing rear seats or which have rear seats that are too small to accommodate a rear facing child restraint. (49 CFR 571.208, S4.5.4.1(a))

With respect to the vehicles you modify, installing rear seats in them alters the vehicles in such a way that they no longer qualify for the on-off switch exclusion. I will now discuss the implications of this for the two types of modifications you make.

A fully operational air bag is required in the vehicles you modify which continue to have a front passenger designated seating position after the modification. You ask whether in those vehicles you may turn the switch to the on position and then cover and permanently seal the bezel so that the air bag remains activated and cannot be shut off with a key. The modification you propose would effectively disable the on-off switch function so that the air bag would operate as if it were originally manufactured without a switch. Such a modification is permitted so long as the bezel is permanently sealed so that it cannot operate as a switch.

A passenger side air bag would not be required in the vehicles you modify by removing the right front passenger seat and installing a permanent ambulatory walk-through entrance door. Once the front passenger seat is removed, Standard No. 208 would not require an air bag for that location since an air bag is only required if a seating position is there. The Standard also does not prohibit an air bag at that location. You ask whether in these vehicles you can turn the passenger air bag switch to the off position and permanently cover and seal the bezel so that the air bag will remain off permanently. Since NHTSA neither requires nor prohibits an air bag at that position, the proposed modification is permissable provided it does not adversely affect the operation of the driver side air bag. We suggest that you contact the original equipment manufacturer to ensure that you perform the modifications safely.

If you have other questions or require additional information, please contact Nicole Fradette of my staff at this address or by phone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:208
d.2/4/99