ID: 1984-1.10

TYPE: INTERPRETATION-NHTSA

DATE: 02/07/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Rod L. Stafford Fryford Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting information on which of the agency's regulations would apply to a new product you are considering. You described the product as a "hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab." You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.

If your product is sold as an item of aftermarket equipment to be installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.

As a manufacturer of an item of motor vehicle equipment, you do have a responsibility under section 151 et seq. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.

If you have any further questions, please let me know.

Sincerely,

Enclosure

ATTACH.

WILLIAM SMITH -- Office of the Chief Council, National Traffic & Highway Safety Administration

Mr. Smith,

We are a manufacturer of an aftermarket product with the trade name "2nd Seat," and this letter regards the applicability of Federal Motor Vehicle Standards to our product.

The "2nd Seat" is essentially a hammock-like seat which, when unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab. The seat is designed to be installed in a rearward-facing attitude, and the rider position is recumbent with an upper body angle which is reclined more than 45 degrees from the vertical axis. The width of the bench thus formed is 45".

We have designed our product to conform to the requirements set forth in Sec. 207 thru 210 of the motor vehicle codes, and the Sec. 302 which refers to Fire Retardant standards. We have performed an engineering study which indicates that our product exceeds the requirements for both the strength of the seat body, and the safety restraint system. However, we understand that the standards are not specifically directed at the aftermarket and that compliance on our part may therefore be subject to a specific ruling from your Department.

If you require more detailed information about the "2nd Seat" or if there is a customary posture which the Administration generally assumes in such cases, please inform us at your earliest convenience.

Sincerely,

Rod L. Stafford -- Fryford Corporation

ID: nht88-2.56

TYPE: INTERPRETATION-NHTSA

DATE: 06/24/88 EST

FROM: ERIKA Z. JONES -- CHIEF COUNSEL, NHTSA

TO: CHARLEY ERICKSON -- CHARLEY'S OFF ROAD CENTER, INC.

TITLE: NONE

ATTACHMT: MEMO DATED 12-23-87, FROM CHARLEY ERICKSON, TO ERIKA JONES, OCC-1416

TEXT: This responds to your letter asking whether Safety Standard No. 302, Flammability of Interior Materials, applies to the "bikini sun shade," an accessory you wish to sell for both new and used open-body type passenger vehicles. I regret the delay in resp onding to your letter.

Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302 and the bikini shade may be sold to vehicle owners for their installation in their own vehicles without regard to the product's conformance with the standard. Howev er, as explained below, Federal law places limits on the installation of the bikini shade by some commercial businesses.

Standard No. 302 establishes flammability requirements that must be met by new motor vehicles. The requirements apply to particular components within these vehicles, including shades. However, the requirements of the standard apply to a vehicle only un til its first purchase in good faith for purposes other than resale. They do not apply to shades manufactured for aftermarket sale and installation in a a vehicle after its first purchase. It would not violate Standard No. 302 for you to sell aftermark et bikini sun shades that do not comply with the standard.

However, the installation of the shades by certain parties other than vehicle owners could violate the National Traffic and Motor Vehicle Safety Act. Section 108(a) (2) (A) of the Act (copy enclosed) specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . ." The f lammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. That element of design would be rendered inoperative in violation of section 108(a) (2) (A) if a manufacturer, distr ibutor, dealer or motor vehicle repair business installed a bikini sun shade in a new vehicle and thereby caused that vehicle to fail to comply with Standard No. 302

There would also be a rendering inoperative when one of these parties installed the shade in a used vehicle if the shade would have caused the vehicle, when new, to fail to comply with the standard. Section 109 of the Act specifies a civil penalty of up to $ 1,000 for each violation of @108.

You should be aware also of an additional aspect of the Act. All manufacturers of motor vehicle equipment are subject to the provisions set forth in sections 151-159 of the Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. If it were determined that the bikini shade had a defect relating to motor vehicle safety, you as the shade manufacturer would have to notify all purchasers of the defect and either repair the shade so that the defect is removed, or rep lace the shade with an identical or reasonably equivalent product that does not contain a defect.

To summarize, there is a difference in the application of Standard No. 302 to vehicle equipment such as the bikini sun shade, depending on the identity of the person installing the shade in new and used motor vehicles. If the shade does not afford at le ast as good a level of flammability resistance as that specified by Standard No. 302, the shade cannot be installed in vehicles by any commercial business listed in @108(a) (2) (A) of the Safety Act. Shades that do not meet the standard's flammability r esistance requirements may legally be installed in vehicles by the owners of those vehicles. However, NHTSA discourages owners from installing any item of equipment that would degrade the safety performance of their vehicles. To repeat, you as the shad e manufacturer would still be obligated to recall and remedy shades that are determined to contain a defect relating to motor vehicle safety, even if those shades were installed by vehicle owners themselves.

I hope this information is helpful. Please contact us if you have further questions. ENCLOSURE

ID: 2645o

Mr. Edgar G. Meyer
Bureau of Economic Analysis
Florida Department of Commerce
407 Fletcher Building
Tallahassee, FL 32399-2000

Dear Mr. Meyer:

This responds to your November 24, l987 letter asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, to the manufacture of automobile seat cushions and seat backs. Specifically, you asked whether it would be permissible if the fabric (i.e., felt) from which the seat cushions and seat backs would be manufactured were made from "old clothes and rags." Standard No. 302 neither specifies nor prohibits any particular type of raw material used to manufacture seat backs and seat cushions. The felt must meet the flammability requirements of the standard if it is used for cushions and seat backs for new motor vehicles. Also, felt used to manufacture seat cushions and seat backs for new and used motor vehicles must contain no safety related defects.

The National Traffic and Motor Vehicle Safety Act and NHTSA regulations require manufacturers of new motor vehicles to certify that their vehicles comply with all applicable Federal motor vehicle safety standards, including Standard No. 302. Standard No. 302 specifies burn resistance requirements for materials used to manufacture seat cushions and seat backs on new passenger cars, multipurpose passenger vehicles, trucks and buses. Thus, any person manufacturing a new vehicle with seat backs and seat cushions made from the felt material you described must ensure that the seat backs and cushions possess the burn resistance characteristics required by Standard No. 302. If the felt can meet those requirements, it may be used in new motor vehicles in satisfaction of Standard No. 302, regardless of the felt's raw materials.

The felt manufacturer should also be aware that the Vehicle Safety Act requires all vehicle and equipment manufacturers to ensure that their products contain no defects relating to motor vehicle safety. If it were determined by the manufacturer or this agency that the seat cushions and seat backs had a safety related defect, all purchasers of the vehicle containing the defective equipment would have to be notified and the defective item repaired or replaced without charge. If the felt material is used to manufacture items of motor vehicle equipment that are sold to vehicle owners for use in used vehicles (i.e., vehicles previously purchased in good faith for purposes other than resale), the felt need not meet Standard No. 302. In general, it would not violate Standard No. 302 to add aftermarket seat cushions to used vehicles, even if the addition of the seat cushions caused the vehicles to no longer comply with the standard.

This general rule is, however, limited by the application of the provisions of section l08(a)(2)(A) of the Safety Act. That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, any person in the aforementioned categories that installed a seat cushion which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating a section l08(a)(2)(A). Section l09 of the Act specifies a civil penalty of up to $l,000 for each violation of section l08.

Again, the manufacturer of the aftermarket seat cushions would be obligated to recall and remedy cushions that are determined to contain a safety related defect, even if the cushions were installed by the vehicle owners themselves.

You asked about other Federal laws that might have a bearing on the manufacture of the felt material. You might wish to contact the Occupational Safety and Health Administration at (202) 523-8148 and the Environmental Protection Agency at (202) 475-8040 for information about the applicability of any of their statutes and regulations.

Sincerely,

Erika Z. Jones Chief Counsel ref:302 d:1/1/88

ID: 1985-01.29

TYPE: INTERPRETATION-NHTSA

DATE: 02/07/85

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Rod L. Stafford Fryford Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter requesting information on which of the agency's regulations would apply to a new product you are considering. You described the product as a "hammock-like seat which, unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab." You stated that you plan to sell your product as an item of aftermarket equipment and asked about the application of our regulations to your product.

If your product is sold as an item of aftermarket equipment to be installed by a vehicle owner, it would not be required to comply with Standards Nos. 207, 208, 209, 210, and 302. We were pleased to learn that you have nevertheless voluntarily designed your product to conform to those standards.

As a manufacturer of an item of motor vehicle equipment, you do have a responsibility under section 151 et seq. of the National Traffic and Motor Vehicle Safety Act to conduct a notification and remedy campaign if you or the agency determines that your product contains a safety-related defect or does not comply with an applicable standard. A copy of the Act is enclosed.

If you have any further questions, please let me know.

ENC.

2ND SEAT

OCC 0014

Office of the Chief Council National Traffic & Highway Safety Administration

Attn: William Smith

Mr. Smith,

We are a manufacturer of an aftermarket product with the trade name "2nd Seat," and this letter regards the applicability of Federal Motor Vehicle Standards to our product.

The "2nd Seat" is essentially a hammock-like seat which, when unrolled and fastened into the rear bed of any pickup truck, forms a comfortable passenger seat which may be easily stowed inside the truck cab. The seat is designed to be installed in a rearward-facing attitude, and the rider position is recumbent with an upper body angle which is reclined more than 45 degrees from the vertical axis. The width of the bench thus formed is 45".

We have designed our product to conform to the requirements set forth in Secs. 207 thru 210 of the motor vehicle codes, and the Sec. 302 which refers to Fire Retardant standards. We have performed an engineering study which indicates that our product exceeds the requirements for both the strength of the seat body, and the safety restraint system. However, we understand that the standards are not specifically directed at the aftermarket and that compliance on our part may therefore be subject to a specific ruling from your Department.

If you require more detailed information about the "2nd Seat" or if there is a customary posture which the Administration generally assumes in such cases, please inform us at your earliest convenience.

Rod L. Stafford Fryford Corporation

ID: 8950

Mr. William D. McIntosh
Quality Assurance Manager
Perstorp Components
Kitchener, Ontario, Canada
K2G 4R9

Dear Mr. McIntosh:

This responds to your inquiry about whether Standard No. 302, Flammability of Interior Materials (49 CFR 571.302), applies to your product. You state that you manufacture a "composite assembly acoustical abatement product" that is installed against vehicle sheet metal and is then covered by carpet, trim, or the instrument panel. You had further questions about testing your product and certifying its compliance if the Standard applies to it. I apologize for the delay in responding.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act (The "Safety Act") establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Since Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

Under the Safety Act's authority, NHTSA has issued Standard No. 302 which specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. The components listed include seat cushions, seat backs, seat belts headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Among the listed items that might be applicable to your acoustical abatement product are floor coverings and engine compartment covers. That is, the standard would apply to your product if the acoustical abatement material is a part of one of the covered items and is within 1/2" of the occupant compartment.

You indicate in your letter that you are uncertain whether to test your product to Standard No. 302 as a composite with other materials. S4.2.2 of Standard No. 302 states, "Any material that adheres to other material(s) at every point of contact shall meet the requirements of S4.3 when tested as a composite...." You indicate in your letter that your product has multiple layers that always adhere to each other. Accordingly, assuming your product is subject to Standard No. 302, the agency would test your product as a composite material, in accordance with S4.2.2.

Please note that there are other NHTSA requirements that could affect the manufacture and sale of your product. A motor vehicle or equipment manufacturer incorporating your product in its vehicles or equipment would be subject to sections 151- 159 of the Safety Act to ensure that its vehicles or equipment do not contain any safety related defect. If the manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge.

In addition, section 108(a)(2)(A) of the Safety Act states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative...any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable motor vehicle safety standard..." Under this section, the entities mentioned above are required to ensure that the addition of your product would not adversely affect the compliance of any component or element of design on a vehicle with an applicable Federal safety standard. With respect to Standard No. 302, the addition of your product must not reduce the vehicle's overall flammability resistance.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:302 d:4/l/94

ID: nht78-4.31

DATE: 08/19/78

FROM: FRANK BERNDT -- ACTING CHIEF COUNSEL, NHTSA

TO: WILLIAM K. ROSENBERRY -- ATTORNEY AT LAW

TITLE: NONE

ATTACHMT: LETTER DATED JULY 14, 1976 TO GEORGE SHIFFLET, NHTSA, FROM WILLIAM K. ROSENBERRY IS ATTACHED.

TEXT: This is in reply to your letter of July 14, 1976, to George Shifflett of the Office of Standards Enforcement, on behalf of a client who intends to install a different type of seat, carpeting, and headliner in a pick-up truck, which would then be sold to the general public. You asked whether a fabric supplier must test each fabric lot for flammability before certification to Motor Vehicle Safety Standard No. 302 can be given, and whether your client (Illegible Word) reply on the warranty of a fabric manufacture that the fabric sold meets the requirements" of Standard No. 302.

You are correct in your understanding that the provisions of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seg) apply to your client. His basic responsibility is to ensure that the vehicles he modifies are in compliance with the Federal standards when delivered to dealers for sale to the public. (15 U.S.C. 1397 (a) (1) (A)) A temporary noncompliance during modifications is permissible if the vehicle is not used on the public roads while noncompliant (15 U.S.C. 1397 (a) (2) (A)). Standards which would appear to be affected by your client's modifications include: Standard No. 207 Seating Systems. No. 208 Occupant Crash Protection, No. 210 Seat Belt Assembly Anchorages and No. 302 Flammability of Inferior Materials.

As a person who alters a certified vehicle other than by the addition of readily detachable components, your client is also required to attach his own certification of compliance to each modified truck (49 CFR 567.7). Should a noncompliance be discovered as a result of an alterer's modification, the alterer would be liable for a civil penalty unless he could establish that he did not have actual knowledge of the noncompliance, and that he did not have reason to know in the

exercise of due care that the vehicle did not comply (15 U.S.C. 1397 (b) (2).

With respect to Standard No. 302, there is no requirement that a fabric supplier "test each fabric lot for flammability before certification." In point of fact, 49 CFR 571.302 Motor Vehicle Safety Standard No. 302 does not apply to suppliers but only to vehicle manufacturers (or alterers) and it is they who are required to certify compliance with Standard No. 302. Generally, at a minimum, a vehicle manufacturer will require by contract with the supplier that the fabric meets Standard No. 302. In the exercise of "due care" the manufacturer may wish to examine the basis for the supplier's assurance of compliance, and to require periodic testing of the fabric being supplied him. Since there is no requirement that each fabric lot be tested, such testing as is conducted should be sufficient to demonstrate in the event of a noncompliance that the vehicle manufacturer has exercised due care. As to whether your client may rely on the "warranty" of his supplier, it has been our experience that simple reliance is insufficient to establish a "due care" defense. That manufacturer should examine the supplier's test results to insure that the margin of compliance of the test fabric is great enough that production variables do not result in noncompliance. Some manufacturers even conduct their own tests independent of the supplier.

Your client would also be responsible for conducting a notification and remedy campaign (15 U.S.C. 1411 et seg) if a noncompliance or safety-related defect occurs in the truck as a result of the alterations.

I enclose copies of the Act, 49 CFR Part 567, and Standards Nos. 207, 208, 210, and 302 for your information.

Enclosures

ID: 2344y

Mr. Lowell W. Sundstrom, Jr.
P.O. Box 2427
Salt Lake City, Utah 84110

Dear Mr. Sundstrom:

This is in response to your letter of December 9, 1989 to this office, asking us to confirm your opinion that Standard No. 302, Flammability of Interior Materials (49 CFR 571.302) does not apply to the "HOOD LOCKER" product you describe in your letter. You state that this product will be a plastic box to hold tissues which consumers may use to wipe off the engine crankcase dipstick when checking the crankcase oil. According to your letter, the product can be mounted near or on the vehicle fender well, on the under side of the hood, on the side or top of the air cleaner, or in another location near the dipstick. You believe that Standard No. 302 does not refer to the product because it will not be placed within the occupant compartment of motor vehicles and will not be placed within one-half inch of any occupant's air space. I am pleased to have this opportunity to explain our law and regulations for you.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has no authority to certify or approve motor vehicles or motor vehicle equipment for compliance with the Federal Motor Vehicle Safety Standards. Instead, the National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that every one of its products complies with all applicable safety standards. This agency periodically tests vehicles and items of motor vehicle equipment for compliance with the safety standards, and also investigates other alleged defects related to motor vehicle safety.

The Safety Act also gives this agency authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 302. That standard sets forth flammability resistance requirements applicable to all new motor vehicles. Therefore, any motor vehicle manufacturer that installs your "HOOD LOCKER" as original equipment in its vehicles must certify that the vehicle meets all applicable safety standards, including Standard No. 302, with the "HOOD LOCKER" installed. However, Standard No. 302 does not apply to aftermarket items of motor vehicle equipment, as your "HOOD LOCKER" appears to be. Hence, you are not required to certify that this product complies with Standard No. 302 before offering it for sale. Parenthetically, I note that your observation is correct that Standard No. 302 applies only to materials used in the occupant compartment of motor vehicles, and not to materials used in an engine compartment that is separated from the occupant compartment.

However, there are other statutory requirements that may affect this product. First, manufacturers of motor vehicle equipment such as this "HOOD LOCKER" are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. If either the equipment manufacturer or this agency were to determine that the "HOOD LOCKER" contained such a defect, the manufacturer would have to notify purchasers of the defect and remedy the problem free of charge to the purchasers.

Second, use of this product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturers, distributors, dealers, or repair shops from knowingly "rendering inoperative" devices or elements of design that were installed in a motor vehicle to comply with the Federal motor vehicle safety standards. To avoid a "rendering inoperative" violation, the above-named parties should examine the proposed installation instructions for the "HOOD LOCKER" and compare those instructions with the requirements of our safety standards, to determine if installing the "HOOD LOCKER" in accordance with those instructions would result in the vehicle no longer complying with the requirements of the safety standards. The most relevant safety standards would seem to be Standards No. 113, Hood Latch System, and 302. If the installation of the "HOOD LOCKER" would not result in a rendering inoperative of the vehicle's compliance with the safety standards, the "HOOD LOCKER" can be installed by dealers, distributors, and repair shops without violating any Federal requirements.

I trust that we have been responsive to your questions. For your information, I am enclosing an information sheet for new manufacturers of motor vehicles and motor vehicle equipment and information on how to obtain copies of motor vehicle safety standards. Please feel free to contact us if you have any further questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel Enclosure /ref:VSA#302 d:3/22/90

ID: 2861o

Mr. Charley Erickson
Charley's Off Road Center, Inc.
14190 E. Firestone Blvd.
Santa Fe Springs, CA 90670

Dear Mr. Erickson:

This responds to your letter asking whether Safety Standard No. 302, Flammability of Interior Materials, applies to the "bikini sun shade," an accessory you wish to sell for both new and used open-body type passenger vehicles. I regret the delay in responding to your letter.

Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302 and the bikini shade may be sold to vehicle owners for their installation in their own vehicles without regard to the product's conformance with the standard. However, as explained below, Federal law places limits on the installation of the bikini shade by some commercial businesses.

Standard No. 302 establishes flammability requirements that must be met by new motor vehicles. The requirements apply to particular components within these vehicles, including shades. However, the requirements of the standard apply to a vehicle only until its first purchase in good faith for purposes other than resale. They do not apply to shades manufactured for aftermarket sale and installation in a a vehicle after its first purchase. It would not violate Standard No. 302 for you to sell aftermarket bikini sun shades that do not comply with the standard.

However, the installation of the shades by certain parties other than vehicle owners could violate the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Act (copy enclosed) specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. That element of design would be rendered inoperative in violation of section 108(a)(2)(A) if a manufacturer, distributor, dealer or motor vehicle repair business installed a bikini sun shade in a new vehicle and thereby caused that vehicle to fail to comply with Standard No. 302. There would also be a rendering inoperative when one of these parties installed the shade in a used vehicle if the shade would have caused the vehicle, when new, to fail to comply with the standard. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108.

You should be aware also of an additional aspect of the Act. All manufacturers of motor vehicle equipment are subject to the provisions set forth in sections 151-159 of the Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. If it were determined that the bikini shade had a defect relating to motor vehicle safety, you as the shade manufacturer would have to notify all purchasers of the defect and either repair the shade so that the defect is removed, or replace the shade with an identical or reasonably equivalent product that does not contain a defect.

To summarize, there is a difference in the application of Standard No. 302 to vehicle equipment such as the bikini sun shade, depending on the identity of the person installing the shade in new and used motor vehicles. If the shade does not afford at least as good a level of flammability resistance as that specified by Standard No. 302, the shade cannot be installed in vehicles by any commercial business listed in 108(a)(2)(A) of the Safety Act. Shades that do not meet the standard's flammability resistance requirements may legally be installed in vehicles by the owners of those vehicles. However, NHTSA discourages owners from installing any item of equipment that would degrade the safety performance of their vehicles. To repeat, you as the shade manufacturer would still be obligated to recall and remedy shades that are determined to contain a defect relating to motor vehicle safety, even if those shades were installed by vehicle owners themselves.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure ref:302 d:6/24/88

ID: 11187

Mr. Joseph J. Smith
Assistant Chief Maintenance Officer
New York City Transit Authority
25 Jamaica Avenue
Brooklyn, NY 11207

Dear Mr. Smith:

This responds to your inquiry about whether Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials (49 CFR ' 571.302), applies to air conditioning return air filters. You state that these filters are placed on top of the air conditioning evaporator coil and are separated from the bus interior by a louvered panel. You were concerned that the filters may be subject to Standard No. 302 because they may be considered located in the "occupant compartment air space." As explained below, Standard No. 302 does not apply to air conditioning return filters.

By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. Since Standard No. 302 is a vehicle standard, the manufacturer of the vehicle, and not the manufacturer of the individual component, is responsible for certifying compliance with Standard No. 302. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments that the vehicle manufacturer must certify as complying with the flammability resistance requirements of paragraph S4.3. The components listed include seat cushions, seat backs, seat belts headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Section S4.1 represents a complete listing of all components in new vehicles that must comply with the flammability resistance requirements. Any component not identified in section S4.1 is not subject to those requirements. Therefore, an air conditioning return filter is not subject to those requirements.

Please note that there are other NHTSA requirements that could affect the manufacture and sale of products related to motor vehicles. A motor vehicle or equipment manufacturer incorporating air conditioning filters in its vehicles or equipment would be subject to 49 U.S.C. ''30118-30121 to ensure that its vehicles or equipment do not contain any safety related defect. If the manufacturer or NHTSA determines that a safety related defect exists, the manufacturer would be responsible for notifying purchasers of the defective vehicle or equipment and remedying the problem free of charge.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:302 d:9/29/95

ID: nht89-2.53

TYPE: INTERPRETATION-NHTSA

DATE: 08/02/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: FRANK MILLER -- GERRY BABY PRODUCTS

TITLE: NONE

ATTACHMT: LETTER DATED 02/12/88 FROM FRANK H. MILLER -- GARRY BABY PRODUCTS TO ERIKA Z. JONES -- NHTSA

TEXT: Dear Mr. Miller:

This responds to your letter to me asking whether the "binding" you use of the edges of a seat cushion should be tested under Standard No. 302, Flammability of Interior Materials, separately from the cushion assembly or as a composite with the other mate rials. I regret the delay in responding. You said that you currently test the binding separately, but would find it easier to test the binding "as a portion of a cushion assembly."

Paragraph S4.2.1 of Standard No. 302 provides that "any material that does not adhere to other material(s) at every point of contact" must meet the standard's flammability resistance requirements when tested separately. Thus, if the binding is joined to the cushion assembly so that it does not adhere to the cushion at every point of contact, the agency would test it separately. If, on the other hand, the binding adheres to the cushion at every point of contact, paragraph S4.2.2 requires it to meet the performance requirements of the standard when tested as a composite with the other materials.

In your letter, you did not directly state whether the binding adheres to the cushion at every point of contact. However, we presume that you currently think it does not, since you said you test the binding separately from the cushion. I am enclosing c opies of two previous interpretations of Standard No. 302 that might be helpful in determining whether there is the requisite adherence. In a March 10, 1978 letter to Mr. Edmund Burnett, the agency discussed the application of S4.2.1 to a seat cushion c onsisting of vinyl stitched at varying internals to padding. In that letter, the agency stated that the vinyl, which did not adhere to the material at every point of contact, must be tested separately. On the other hand, a July 17, 1972 letter to Mr. S atoshi Nishibori concerned materials glued together, which NHTSA said would be tested by us as a composite.

Your inquiry follows our December 3, 1987 letter to you in which we said that thread that is used in the manufacture of a seat cushion may be tested as part of the component. We explained in our letter that although the agency recognizes that stitching that does not adhere at every point of contact should be tested separately under S4.2.1 of Standard No. 302, NHTSA has determiend that it is more practical to test stitching as part of the material since the test apparatus cannot readily accommodate stit ching alone. I note that the issue you now appear to raise is whether your binding, which presumably does not adhere at every point of contact, may be tested as part of the cushion material (i.e., as a composite) in the same manner thread is tested. Th e answer to this question is that the agency would probably separately test such binding under S4.2.1.

We have no reason to believe that it is not practicable to separately test binding that does not adhere at every point of contact, as specified in Standard No. 302. In fact, your present procedure which tests binding separately indicates that S4.2.1 is practicable. Since the practicability problems arising when separately testing thread are not encountered when the binding is tested, the agency will test binding that does not adhere at every point of contact in the manner specified in Standard No. 302 .

This does not mean to say, however, that you are prohibited from testing the binding as a composite. Standard No. 302 does not require you to test your products using the test procedure set forth in the standard. The standard only specifies how the age ncy will conduct its compliance test for the flammability resistance requirements of Standard No. 302. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements of Standard No. 302, provided, however, that the manufacturer exercises due care in ensuring that its products will comply with the standard when tested by the agency according to the procedures specified therein.

I hope this information is helpful.

Sincerely,

ENCLOSURES