Interpretation ID: 1982-2.10

DATE: 04/30/82 EST

FROM: FRANK BERNDT -- NHTSA CHIEF COUNSEL

TO: J. F. WALKUP -- PROJECT ANALYST, RESEARCH & DEVELOPMENT CENTER-REEVES BROTHERS, INC.

TITLE: NONE

ATTACHMT: APRIL 6, 1982 LETTER FROM WALKUP TO TILTON IS ATTACHED

TEXT: This responds to your April 6, 1982, letter asking whether the agency's Standard No. 302, Flammability of Interior Materials, applies to after-market equipment. The answer to your question is no.

Standard No. 302 is a vehicle standard and as such applies to completed vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The standard does not apply, however, to items of equipment in the after market. You should be aware that while you would not be prohibited from manufacturing after-market equipment that does not comply with the standard, a manufacturer, repair business or dealer would be prohibited from installing such noncomplying equipment if the installation would have the effect of rendering inoperative the compliance of the vehicle with the safety standard. Nothing prevents a vehicle owner, however, from installing noncomplying equipment in his own vehicle.

I trust that this responds to your question. Please contact me if I can be of further assistance.