Interpretation ID: nht81-1.20

DATE: 02/27/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Volkswagon of America, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

FEB 27 1981

NOA-30

Mr. Dietmar K. Haenchen Vehicle Regulations Volkswagen of America, Inc. 27621 Parkview Boulevard Warren, Michigan 48092

Dear Mr. Haenchen:

This responds to your January 12, 1981, letter requesting an interpretation concerning the recent amendment of Safety Standard No. 208, Occupant Crash Protection, which added specifications for seat belt comfort and convenience. Specifically, you asked whether the requirement for seat belt guides contained in paragraph S7.4.6.1 of the amended standard exempts both seats which "fold and then tumble" and seats which "tumble and then fold."

The answer to your question is yes. All rear seats that "tumble" are exempted from the seat belt guide requirements of the standard. The agency did not use the phrase "fold and tumble" in order to clarify that tumbling is the characteristic that gives rise to the exemption. Some future designs may include seats that merely tumble over into the floor, and that do not fold to create the flat cargo surface that is desired in these vehicles. Such a design would be exempted from the seat belt guide requirement. However, seats that only fold (i.e., that do not also tumble) would not be exempted from the requirements.

Sincerely,

Frank Berndt Chief Counsel

12 January 1981

Mr. Frank Berndt Chief Counsel National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590

Dear Mr. Berndt:

This letter is to request an official interpretation regarding Federal Motor Vehicle Safety Standard 208. Specifically, our question is in reference to the recently published rule on seat belt comfort and convenience.

Paragraph 7.4.6.1 specifies certain requirements for seat belts and seat belt guides except that the requirements do not apply to "rear seats that tumble". The "tumble" function is not expressly defined, however, a reading of the preamble implies that it relates to the type of rear seat used in various Volkswagen products. Our question is then, does this exemption apply to both of the Volkswagen rear seat configurations which are mentioned in the preamble, i.e., both to seats which fold and then tumble, and also to seats which tumble and then fold, as illustrated in the enclosures.

It is our belief that this exemption does apply to both types of seats. Mr. Robert Nelson, the contact person for this rulemaking, concurred with this opinion in a conversation with Mr. Smreker of my staff on 9 January, 1981. However, he suggested that we request written confirmation of this from your office.

So that we may make an informed decision regarding a petition for reconsideration on this matter, we would appreciate receiving a response to the expiration of the 30 day reconsideration period.

Thank you for your prompt consideration of this matter.

Very truly yours,

VOLKSWAGEN OF AMERICA, INC.

Dietmar K. Haenchen Executive Engineer Vehicle Regulations

JPS/ubf

Encl.