[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5567]
[[Page Unknown]]
[Federal Register: March 10, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 93-59; Notice 02]
Tradewinds Conversions, Inc., Denial of Petition for
Determination of Inconsequential Noncompliance
This notice denies the petition by Tradewinds Conversions, Inc.
(``Tradewinds'') of Elkhart, Indiana, an alterer of motor vehicles, to
be exempted from the notification and remedy requirements of the
National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.).
Tradewinds had petitioned for an exemption on the basis that a
noncompliance in its conversions is inconsequential as it relates to
motor vehicle safety. The noncompliance is related to the performance
of its mid-position pedestal seats, Part# FDN-200.
Notice of receipt of the petition was published in the Federal
Register on October 4, 1993, and an opportunity afforded for comment
(58 FR 51667).
For the type of seats concerned in the petition, current FMVSS Nos.
207 and 210 test procedures specify simultaneous loading of seat
assemblies and seat belts with the seat loads applied at the center of
gravity of the seat assembly. Paragraphs S4.2(a), S4.2(b), S4.2(c), and
S4.2(d) of Standard No. 207 require that each occupant seat, other than
a side-facing seat or a passenger seat on a bus, shall withstand the
following forces:
S4.2(a)/S4.2(b). In any position to which it can be adjusted--
apply forces 20 times the weight of the seat in a forward
longitudinal direction; and rearward longitudinal direction through
the center of gravity of the seat.
S4.2(c). For a seat belt assembly attached to the seat--the
force specified in S4.2(a) and S4.2(b), in each case applied
simultaneously with the forces imposed on the seat by the seat belt
assembly when it is loaded in accordance with S4.2 of Standard No.
210; and
S4.2(d). In its rearmost position--a force that produces a 3,300
in-pound moment about the seating reference for each designated
seating position * * *.
Also, paragraph S4.2, ``Strength,'' of FMVSS No. 210 requires that
each occupant seat, other than side-facing seats, the anchorages,
attachment hardware, and attachment bolts * * * shall withstand a
5,000-pound force when tested in accordance with S5.1, ``Seats with
Type 1 or Type 2 seat belt anchorages.''
Tradewinds determined that there was a noncompliance of its
conversion when Part # FDN-200, quick release pedestals, using the
current NHTSA FMVSS Nos. 207 and 210 test procedures. The noncompliance
occurred when the test results showed that the latching pin in the
quick release pedestal ``would not consistently reach'' the maximum
test loading requirements of the Standards. Approximately 200 van
conversions are involved.
Tradewinds supported its petition for exemption by stating that
when Part # FDN-200 pedestals were tested under test procedures that
have been proposed by NHTSA, with split loading of pedestal and seat
assembly, all requirements were met. The new test procedure that
Tradewinds is referring to is a rulemaking proposal to amend Standard
No. 207 specifically for pedestal seating systems (Notice of Proposed
Rulemaking (NPRM), (55 FR 33141, August 14, 1990); Supplemental Notice
of Proposed Rulemaking (SNPRM), (58 FR 12921, March 8, 1993).
Basically, the proposal would allow manufacturers the choice of using
either the current procedure or the new procedure for testing most
pedestal seats. The current procedure requires a single load be applied
through the center of gravity of the entire assembly. The proposed
procedure would permit the load to be split and applied simultaneously
through the pedestal and through the seat.
The manufacturer of Part # FDN-200, Boss Manufacturing and
Distributing, Inc. (Boss), furnished NHTSA with data on tests conducted
by General Testing Laboratories on a 1993 Dodge ``B'' van using the
procedure proposed in the SNPRM. Boss stated that the mid-position,
quick release pedestal seat could withstand the proposed FMVSS No. 207
and the current FMVSS No. 210 testing. Boss also stated the pedestal
seat would not consistently reach the current maximum requirements.
Based on the test results submitted to NHTSA, Tradewinds concluded that
the quick release pedestal seat can meet the test loading requirements
of FMVSS Nos. 207 and 210 if the proposed new test procedure with spilt
loading is permitted.
No comments were received on the petition.
Petitioner's sole inconsequently argument is that the vehicle would
conform were it tested in a manner proposed by NHTSA. However, the
proposed test procedure is addressed to seat adjustors and not pedestal
anchorages. The test results would be the same for pedestal anchorages
regardless of whether the proposed or current test method is used. This
means that Tradewinds conversions would continue to manifest test
failures even if the new test procedures were adopted.
In addition, Tradewinds did not quantify the test failures that led
to its petition. NHTSA requested that Tradewinds provide test data on
the extent of its noncompliance. However, the only data provided in
response to this request were related to the proposed test procedure.
No data were provided regarding margins of failure under the existing
test procedure. This, NHTSA has no information as to whether the margin
of failure was large or small.
Accordingly, petitioner has failed to meet its burden of persuasion
that the noncompliance herein described is inconsequential as it
relates to motor vehicle safety, and its petition is denied.
(15 U.S.C. 1417; delegation of authority at 49 CFR 1.50)
Issued on: March 7, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-5567 Filed 3-9-94; 8:45 am]
BILLING CODE 4910-59-M
