ID: 11322MLS

Mr. Alfred Kozak
Product Engineer
Acts Testing Labs, Inc.
25 Anderson Road
Buffalo, NY 14225-4928

Dear Mr. Kozak:

This responds to your inquiry about testing procedures in Federal Motor Vehicle Safety Standard No. 302, AFlammability of Interior Materials.@ In particular, you asked how section S5.1.3, which specifies the use of support wires in certain situations, would apply to fabric material used in a car seat. The short answer is that during NHTSA compliance testing, support wires would be used in testing any specimen that "softens and bends at the flaming end so as to cause erratic burning." However, the agency cannot specify, outside of the context of a compliance test, whether a given type of material falls in this category.

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 applicable statute (49 U.S.C. Chapter 301) establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

You ask about Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. Along with specified performance requirements, Standard No. 302 sets forth conditions and procedures under which NHTSA tests materials for compliance with the standard. Section S5.1.3 of the standard states, in relevant part, that:

The test specimen is inserted between two matching U-shaped frames of metal stock 1-inch wide and 3/8 of an inch high. The interior dimensions of the U-shaped frames are 2 inches wide by 13 inches long. A specimen that softens and bends at the flaming end so as to cause erratic burning is kept horizontal by supports consisting of thin, heat resistant wires, spanning the width of the U-shaped frame under the specimen at 1-inch intervals. A device that may be used for supporting this type of material is an additional U-shaped frame, wider than the U-shaped frame containing the specimen, spanned by 1--mil wires of heat resistant composition at 1-inch intervals, inserted over the bottom U-shaped frame.

Please note that NHTSA uses supplemental wires when there is a reasonable expectation that a test specimen will soften and bend so as to cause erratic burning. The agency bases its determination about the likelihood of this condition on observations made in previously-conducted compliance tests of the specimen, or on the agency's knowledge of or testing experience with components that are highly similar to a test specimen. However, since a decision to use wires is made only in the context of compliance testing, we regret that we cannot tell you at this time whether support wires would be used to test the materials about which you are concerned.

Vehicle manufacturers are not required by Standard No. 302 to test the flammability of their vehicles in the manner specified in the standard. The standard only sets the procedure that the agency will use in its compliance testing. Thus, a vehicle manufacturer is not required to use wires only with specimens that are anticipated to soften and bend so as to cause erratic burning. However, vehicle manufacturers are expected to exercise reasonable care in certifying that their product will meet Standard No. 302's requirements when tested by NHTSA according to the specified procedures of the standard. Whether a vehicle manufacturer has met that reasonable care standard in a particular case involving a noncompliance with the standard is a matter that is determined by the agency only in the context of an enforcement proceeding.

You first ask whether the phrase "softens and bends" applies to plastic materials which sag due to heat and specimen weight or to all materials regardless of composition. Section S5.1.3 specifies the use of a supplemental wire support for "a specimen that softens and bends at the flaming end so as to cause erratic burning." Plastic materials are the most commonly used material that can soften and bend. Nevertheless, the agency emphasizes that the procedure would be used for any material that softens and bends at the flaming end so as to cause erratic burning.

You then ask whether the wire supports are used if the material softens and bends without erratic burning. The test condition noted above should be read as a whole. Therefore, the supplemental supports are only to be used if the specimen (1) softens and bends at the flaming end (2) so as to cause erratic burning.

Your third question asks whether wires are used where the flame front cuts or destroys the specimen in such a way as to allow the specimen to sag similar to the sagging experienced with unsupported specimens. According to the test conditions, supplemental support wires are to be used if the flame front causes the specimen to soften and bend so as to cause erratic burning. Data you provided in your letter showed a wide variation of burn rates between the unsupported and supported specimen tests. The agency would not use support wires in situations of erratic burning alone. The agency would use such support wires only in situations in which the softening and bending occurred prior to erratic burning.

Your fourth question expresses your view that the use of supplemental support wires eliminates Adirectional effects@ and orientation, as discussed in S5.2.2. That provision states that AThe specimen is produced by cutting the material in the direction that provides the most adverse test results. The specimen is oriented so that the surface closest to the occupant compartment air space faces downward on the test frame.@ While it is true that the use of supplemental support wires did reduce the burn rate in your testing of certain material, we interpret the requirements in S5.2.2 as a separate test condition. Thus, the requirements in S5.2.2 are not relevant in determining if a supplemental support wire should be used under S5.1.3.

Your fifth question expresses your view that, by allowing the use of supplemental supports, this test procedure introduces potentially flammable materials into automobile interiors. Specifically, you state that your testing indicated that the burn rate was between 11.5 and 13 inches per minute without supports and 1.8 to 2.1 inches per minute with supports. Please note that the use of support wires is intended to increase the consistency and repeatability of the test procedure, thereby providing a uniform basis for assessing the burn rates of different materials. This is accomplished by reducing sagging which results in erratic burning. Accordingly, we believe that the provision in S5.1.3 relating to the use of support wires provides a reasonable test condition for evaluating the flammability resistance of materials used in motor vehicles.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure

ref: 302 d:4/16/96

ID: nht88-4.15

TYPE: INTERPRETATION-NHTSA

DATE: 11/24/88

FROM: MARTIN M. GINSBURG -- PROLINE DESIGNS

TO: ERICA JONES -- CHIEF COUNSEL U.S. DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/27/89 FROM STEPHEN P. WOOD -- NHTSA TO MARTIN M. GINSBURG -- PROLINE DESIGNS; REDBOOK A33; STANDARD 126; STANDARD 302 LETTER DATED 05/08/88 FROM MARTIN M. GINSBURG TO ERIKA JONES -- NHTSA; OCC 2027

TEXT: Dear Ms. Jones:

I am requesting a legal interpretation concerning Motor Vehicle Standard No. 302 and whether or not my product must comply.

The product consists of interior window coverings for pick up truck shells. The shell is a segregated area from the cab. It is placed directly over the bed of the truck. There are no seats in the bed, and the shell is installed as an after market prod uct. The window coverings are made out of an apparel type material.

Am I required to comply with this regulation? Alternatively, if I have the product treated with California Health and Safety Code Standard No. 19, and if I send you a copy of the Standard, could you determine if I have met the No. 302 Standard.

Sincerely,

ID: nht88-3.16

TYPE: INTERPRETATION-NHTSA

DATE: 08/26/88 EST

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

TO: J. MARK SMITH -- LYNCO PRODUCTS

TITLE: NONE

ATTACHMT: MEMO DATED 11-3-87, TO NHTSA, FROM J. MARK SMITH -- LYNCO PRODUCTS, OCC-1246

TEXT: This responds to your letter concerning the application of Federal safety standards to your manufacture of a "storage console-armrest." I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is de signed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new moto r vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicl e Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information pro vided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of "aftermarket" equipment. However, under Federal law you are considered a manufacturer of mot or vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly descr ibes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor

vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, ins tallation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation.

A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard N o. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occu pant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests spec ified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer.

Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your consol e-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information.

Section 108(a)(2)(A) of the Safety Act specifies that 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 in compliance with an appli cable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For exam ple, the flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a console-arm rest that does not comply with Standard No. 302 in a new or used motor vehicle since to do so would render inoperative that element of design, and thus violate $ 108(a)(2)(A) of the Act. Section 109 of the Act specifies a civil penalty of up to $ 1,000 for each violation of $ 108.

In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and f lammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite s afety components or designs with Federal safety standards. Individual owners, however, are not covered by @ 108(a)(2)(A) and may

themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves.

I hope this information has been helpful. Please feel free to contact us if you have further questions.

ENCLOSURES

ID: 10166cai

Name & address withheld by request on 2/13/15

This responds to your letter asking about safety regulations for a device you call a "Cair Bag." You describe the Cair Bag as a "comfort pillow" for children to rest or sleep on while seated in their vehicle seat belt. You explain that the Cair Bag is an "under-stuffed styrene pellet bag" that attaches to the lap portion of the vehicle's Type II seat belt with a reinforced velcro and nylon strap. You state that you will recommend the product for children over 50 pounds "to prevent it from being used as a child restraint system."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. You state in your letter that everyone you spoke to at NHTSA "felt this was a great product." To avoid any possible misunderstanding about what agency personnel said about your product, I wish to clarify that NHTSA and agency personnel can not and do not endorse any product, or make commendations about products. If you understood them to say NHTSA approves of or believes your product is "great," that is incorrect, and we apologize for any confusion.

Turning now to your questions, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the Cair Bag. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." (S4 of FMVSS 213) We do not consider the Cair Bag to "position children" in a manner that a child seat positions children to better use a vehicle's belt system. Rather, the Cair Bag is simply a cushion that a child may lean on. Since your product does not "restrain, seat, or position" children as a child restraint system, the product is not subject to Standard 213 regardless of the weight of the children for whom you recommend the product.

However, we share your concern that the Cair Bag must not be used in place of a child restraint system. We recommend that the product be clearly labeled with information to the consumer that the product is not a child restraint system and must not be used as one.

While no FMVSS applies to the Cair Bag, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety- related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the Cair Bag would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. '30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. Our FMVSS's require specific levels of performance for the belt system in a vehicle. For example, Standard 208 has requirements that ensure that a vehicle's lap and shoulder belts are installed to distribute the crash forces over the skeletal structure of the occupant. The FMVSS also have requirements for belts to automatically lock and retract, ensuring there is no excessive slack in the belt system. Since the Cair Bag attaches to the lap belt, any person listed in '30122 must ensure that compliance of the belt system with these requirements is not degraded. Also, FMVSS 302 specifies flammability resistance requirements for vehicle interiors. Any person listed in '30122 who installs a Cair Bag must ensure that the product does not vitiate the vehicle's compliance with those flammability resistance requirements.

The prohibition of '30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

I would like to make a further note in closing. The advertising literature you enclosed with your letter described the Cair Bag as "The Portable `Air Bag'." We believe this description could be misleading, because the term "air bag" is widely recognized as describing an inflatable device that provides substantial occupant protection in frontal impacts. We are concerned that calling your device a "portable air bag" could mislead some consumers into believing your device offers occupant protection similar to that of a vehicle air bag, which of course, is incorrect. To avoid this potential for confusion, please refrain from describing your device as an "air bag."

I hope this information has been helpful. If you have any other questions, please contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:213 d:8/26/94 Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means that the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.

ID: 24423-2

Alvaro Ughini Junior
Marcopolo SA
Unidade Ana Rech
Av. Rio Branco, 4889
Caixa Postal 238
95060-650 Caxias do Sul - RS / Brazil

Dear Mr. Ughini:

This responds to your e-mail of May 10, 2002, in which you ask several questions about Federal Motor Vehicle Safety Standard No. 302, "Flammability of Interior Materials." Your questions are addressed below.

By way of background information, the National Highway Traffic Safety Administration (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 Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

Vehicle manufacturers certifying compliance with the safety standards are not required to follow the compliance test procedures set forth in the applicable standard. The standards specify the procedures NHTSA would use in compliance testing. However, vehicle manufacturers must exercise reasonable care in certifying that their products meet applicable standards. It may be simplest for a manufacturer to establish that it exercised "reasonable care" if the manufacturer has conducted testing that strictly followed the compliance test procedures set forth in the standard. However, "reasonable care" might also be shown using modified test procedures if the manufacturer could demonstrate that the modifications were not likely to have had a significant impact on the test results. In addition, it might be possible to show "reasonable care" using engineering analyses, computer simulations, and the like.

Standard No. 302, like other standards, specifies the procedure NHTSA would use in compliance testing. The agency may test any material subject to Standard No. 302 in any way specified by the standard.

If NHTSA testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the agency asks the manufacturer to show the basis for its certification that the vehicle or item of equipment complies with Standard No. 302. If there is a noncompliance, the manufacturer must conduct a recall campaign to remedy the problem, without charge.

In addition, the manufacturer is subject to civil penalties unless it can establish that it exercised reasonable care in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not comply with Standard No. 302. Please note that, while the exercise of "reasonable care" may relieve a manufacturer of liability for civil penalties in connection with the manufacture and sale of noncomplying vehicles, it does not relieve a manufacturer of the responsibility to discontinue sales of vehicles or notify purchasers of the noncompliance and remedy the noncompliance without charge to the purchasers, if either the manufacturer or this agency determines that vehicles do not comply with all applicable safety standards.

I will now address your specific questions.

Complex Surfaces

You asked:

Should the test specimen be made by cutting the component itself in the dimensions required? If so, how can we proceed when dealing with a complex surface or "amorphous" solid, since the test specimen must be as flat as possible?

The test specimen is made by cutting the component itself into the specified dimensions. S5.2.2 of Standard No. 302 specifies: "The specimen is produced by cutting the material in the direction that provides the most adverse test results." S5.2.1 specifies that the test specimen be 102 mm wide by 356 mm long by 13 mm thick, wherever possible. S5.2.1 also specifies: "Where it is not possible to obtain a flat specimen because of surface curvature, the specimen is cut to not more than 13 mm in thickness at any point." Thus, when dealing with a "complex" surface, the specimen is cut, wherever possible, so that it is 102 mm wide, 356 mm long, and not more than 13 mm thick at any point.

Rubber, PVC, and PS Profiles

You asked:

When dealing with rubber, PVC and PS profiles, how is the test specimen supposed to be made? If it is simply cutted (sic), in what position shall it be installed in the test equipment? If we must extrude a flat sample, what thickness should we consider, since the profile has a variable thickness along the transversal section?

As noted above, the test specimen is made by cutting the component itself into the required dimensions, wherever possible. The test specimen is then installed in the metal test cabinet according to the conditions and procedures specified in S5.1 through S5.3 of Standard No. 302. S5.1.3 specifies that the test specimen is inserted between two matching U-shaped frames of metal stock 25 mm wide and 10 mm high. S5.3(a) specifies that the test specimen is mounted so that both sides and one end are held up by the U-shaped frame, and one end is even with the open end of the frame. S5.3(b) specifies that the mounted test specimen is placed in a horizontal position, in the center of the test cabinet.

As noted above, if the material being tested has a variable thickness, the test specimen is cut so that it is not more than 13 mm thick at any point.

Same Material/Different Thickness and/or Same Material/Different Colors

You asked:

In the case where we work with many flat (or almost flat) covers extruded from the same ABS resin but with different thickness, may we test the lower thick sample only?

You also asked:

Must we consider that components made from the same raw-material but with different colors (pigmented resin not painted) need tests for each color, or can we test any one of the colors to certify that the resin complies with the requirements so this result will be applicable to every colors (sic).

As noted above, NHTSA may test in any way specified by Standard No. 302. The agency may test any sample of your flat covers that are extruded from ABS resin and/or any different colors of the same material.

I note that the agency has long stated that it is unable to judge what efforts would constitute reasonable care in advance of the actual circumstances in which a noncompliance occurs. Thus, we cannot provide an opinion of the number or types of tests that you would need to conduct to ensure that you exercised reasonable care in certifying that your product complies with Standard No. 302. What constitutes reasonable care in a particular case depends on all relevant facts, including such things as the limitations of current technology, the availability of test equipment, the size of the manufacturer, and, above all, the diligence exercised by the manufacturer.

I hope you find this information helpful. If you have any further questions on Standard No. 302, please contact Mr. Dion Casey of this office at (202) 366-2992.

Sincerely,
Jacqueline Glassman
Chief Counsel
Ref:302
d.6/24/02

ID: 571-209-fire truck seat belt assemblies-Christopher Palabrica-16-000817

ID: nht92-2.31

DATE: 11/13/92

FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA

TO: MARK W. STEVENS -- CHAIRMAN, SEATMORE

ATTACHMT: ATTACHED TO LETTER DATED 10-2-92 FROM MARK W. STEVENS TO PAUL J. RICE (OOC 7809)

TEXT: This responds to your letter of October 2, 1992 requesting information on standards applicable to an "after market 3rd rear facing seat for the Ford- Taurus and Mercury Sable station wagons 1986-1993." During an October 20, 1992 phone conversation with Mary Versailles of my staff you explained that in most instances these seats are sold for installation in used vehicles, by either the owner or by a dealer or repair business. You also stated that the seat might be installed by a dealer prior to the vehicle's sale. Your three questions and the answer to each follows.

Before I address the substance of your letter, I note that your letter requested that the product information enclosed with your letter be treated as confidential. Your request for confidentiality was denied in an October 27, 1992 letter signed by Kathleen DeMeter, our Assistant Chief Counsel for General Law. Accordingly, the product information enclosed with your letter has been placed in NHTSA's public docket, along with your letter and this reply.

1. Does the aftermarket 3rd rear facing station wagon system have to be tested in compliance with FMVSS 207, 209, & 210?

The National Traffic and Motor Vehicle Safety Act (the Safety Act; 15 U.S.C. 1381 et seq.) authorizes this agency to issue Federal motor vehicle safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Section 108 (a) (1) (A) of the Safety Act (15 U.S.C. 1397 (a) (1) (A) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products.

Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

NHTSA has exercised its authority to establish five safety standards which could be applicable to a 3rd rear facing vehicle seat: Standard No. 207, Seating Systems, Standard No. 208, Occupant Crash Protection, Standard No. 209, Seat Belt Assemblies, Standard No. 210, Seat Belt Assembly Anchorages, and Standard No. 302, Flammability of Interior Materials.

Standard No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standards applies to all seat belt assemblies for use in motor vehicles, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Hence, any seat belts installed on the 3rd rear facing seat have to be certified as complying with Standard No. 209.

The remaining four standards apply only to new vehicles. If the 3rd rear facing seat were installed before the vehicle's first purchase for purposes other than resale, the vehicle would have to be certified as complying with all applicable standards, including these four, with the 3rd rear facing seat installed. Standard No. 207 establishes strength and other performance requirements for vehicle seats. Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. Standard No. 210 establishes strength and location requirements for seat belt anchorages. Finally, Standard No. 302 specifies burn resistance requirements for materials used in motor vehicles, specifically including seat cushions, seat backs, and seat belts.

After a vehicle's first purchase for purposes other than resale; i.e., the first retail sale of the vehicle, the only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in section 108 (a) (2) (A) of the Safety Act (15 U.S.C. 1397 (a) (2) (A). That section provides that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle . . . in compliance with an applicable Federal motor vehicle safety standard.

Any violation of this "render inoperative" prohibition would subject the violator to a potential civil penalty of up to $ 1,000 for each violation. Please note that the "render inoperative" prohibition does not require manufacturers, distributors, dealers, and repair businesses to certify that vehicles continue to comply with the safety standards after any aftermarket modifications are made. Instead, "render inoperative" prohibits those entities from performing aftermarket modifications that they know or should know will result in the vehicle no longer complying with the safety standards.

Please note also that the "render inoperative" prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, Federal law would not apply in situations where individual vehicle owners install your company's 3rd seat in their own vehicles, even if the installation were to result in the vehicle no longer complying with the safety standards. However, individual States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.

2. The seat belt anchorages are Ford factory anchorages built into the car at the factory and designed for the Ford factory 3rd seat and seat belts. We will be using the same anchorages with aftermarket seat belts already in compliance. Is a test required for this system?

As noted above, if these 3rd seats are installed in a vehicle prior to the vehicle's first sale for purposes other than resale, the vehicle must be certified as complying with all applicable safety standards with the 3rd seat installed. NHTSA's position on what steps manufacturers must take before certifying that their vehicles or equipment comply with applicable safety standards has been often stated and applies with equal force in your situation. The compliance test procedures set forth in the safety standards must be followed by this agency during our compliance testing. With respect to your company's 3rd seats, this means that NHTSA's compliance testing for the vehicle would be conducted using the test procedures set forth in the relevant safety standard or standards.

Manufacturers certifying compliance with the safety standards are not required to follow exactly the compliance test procedures set forth in the applicable standard. In fact, manufacturers are not required to conduct any actual testing before certifying that their products comply with applicable safety standards. However, to avoid liability for civil penalties if the vehicle were determined not to comply with a safety standard, the Safety Act requires the certifying manufacturer to exercise "due care" to assure compliance and in making its certification. It may be simplest for the manufacturer to establish that it exercised "due care" if the manufacturer has conducted testing that strictly followed the compliance test procedures set forth in the standard. However, "due care" might also be shown by using modified test procedures, engineering analyses, computer simulations, and the like. Thus, the entity that installs your company's 3rd seat in a vehicle prior to the vehicle's first sale will have to decide for itself, in the first instance, what information it needs to make its certification in the exercise of "due care."

If the 3rd seat were installed after the first purchase of the vehicle in good faith for purposes other than resale, no certification would be required. Instead, any manufacturer, distributor, dealer, or repair shop that performed the installation would have to ensure that the installation did not "render inoperative" compliance with any applicable safety standard. Actual testing is not required to avoid violating the "render inoperative" prohibition. Instead, your company could carefully examine your product and the proposed installation instructions and compare those with the requirements of the safety standards, to determine if installing your product in accordance with your instructions would result in the vehicle no longer complying with the standards.

3. If testing is required, must they be specifically Static Tested or Dynamic Crash Tested?

Testing is required only in agency compliance testing, as explained above. Agency testing must be conducted in accordance with the test procedures specified in the applicable standard. I note, however, that the dynamic crash testing requirement in Standard No. 208 applies only to the front outboard seating positions.

For your information, I have enclosed a sheet for new manufacturers that identifies the basic requirements of our standards and regulations, as well as how to get copies of those standards and regulations. I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

ID: 2353y

Mr. Patrick J. Higgins
Andreini & Company
770 The City Drive South, Suite 1300
Orange, CA 92668

Dear Mr. Higgins:

This responds to your letter on behalf of Skill-Craft Enterprises, which is designing and manufacturing a fiberglass seat to be installed in the bed of a pickup truck. You were interested in learning which of the Federal motor vehicle safety standards would apply to this product. You indicated that you believed Standards No. 207, 209, 210, and "possibly 302" would apply to this seat.

I am enclosing a December 1, 1986 interpretation letter from this office to Mr. Scott Muirhead, which explains the application of NHTSA's safety standards and regulations to seats in the cargo bed of a pickup. You will see that this letter specifically addresses the applicability of Standards No. 207, 208, 209, and 210 to such seats. I am also enclosing an information sheet for new manufacturers that briefly describes our laws and regulations, and explains how to get copies of those laws and regulations.

You also asked whether Standard No. 302, Flammability of Interior Materials, would apply to your client's product. That standard applies only to new vehicles in areas located in the "occupant compartment air space," which the standard defines as "the space within the occupant compartment that normally contains refreshable air." I am enclosing a copy of a February 15, 1983 interpretation to Mr. H. Nakaya in which the agency explained that the determination of whether any particular area is within the "occupant compartment air space" turns on whether people can and do ride in the area in question. Given that your client's product is a seat, it is designed and intended so that people will ride in it. Hence, the area around the seat would be an area where people could and would ride, and would be considered within the "occupant compartment air space." Section S4.1 of Standard No. 302 expressly lists seat cushions, seat backs, and seat belts as items of equipment that must meet the flammability resistance requirements of section S4.3. Based on the above, we conclude that a seat installed as original equipment in the bed of a pickup would be required to comply with Standard No. 302.

If the seat will be sold exclusively as an item of aftermarket equipment, Standard No. 302 would not directly apply to it. Nevertheless, other Federal laws indirectly affect your client's manufacture and sale of such a seat in the aftermarket. Section 108(a)(2)(A) of the 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 Federal motor vehicle safety standard ..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as being in the business of repairing motor vehicles or motor vehicle equipment for compensation) to ensure that any aftermarket installations of additional equipment or vehicle modifications its addition would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of this "render inoperative" provision.

Your client should also be aware of an additional aspect of the Safety Act. As a manufacturer of motor vehicle equipment, your client is also subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that your client or NHTSA determines that the seats contain a safety related defect, it would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

If you have any further questions or need additional information on this subject, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:302 d:2/l4/90

ID: 8089

Mr. L. J. Sharman
314 Lakeside Drive South
Surfside Beach, SC 29575

Dear Mr. Sharman:

This responds to your letter of November 18, 1992, regarding the test procedure in Standard No. 302, Flammability of Interior Materials. Your questions and the answer to each follows.

Question 1.

MVSS-302, in Section S5.3(e), states that the timing for each specimen be started when the flame from the burning specimen reaches a point 1.5 inches from the open end of the specimen and, in Section S5.3(f), is stopped when the flame progresses to a point 1.5 inches from the clamped end of the specimen. Further, the Standard, in Section S5.2.2, states the specimen is oriented so that the surface closest to the occupant compartment air space faces downward on the test frame. The question that has been raised is whether the timing is started and stopped when the flame reaches the designated points on the surface of the specimen closest to the occupant compartment air space (the surface facing down during the test), or when the flame reaches the designated points on the surface of the specimen facing away from the occupant compartment air space (the surface facing up during the test).

You suggest that the timing should be started and stopped when the flame reaches the designated points on the surface facing up during the test. As explained below, NHTSA disagrees.

Section S4.3(a) of Standard No. 302 states:

When tested in accordance with S5, material described in S4.1 and S4.2 shall not burn, nor transmit a flame front across its surface, at a rate of more than 4 inches per minute. However, the requirement concerning transmission of a flame front shall not apply to a surface created by the cutting of a test specimen for purposes of testing pursuant to S5.

Any surface not created by the cutting of the test specimen, including the surface oriented downward pursuant to S5.2.2, is required to comply with the burn-rate requirement of S4.3(a). Surfaces created by the cutting of the test specimen were excluded from this requirement in a final rule published on March 31, 1975 (40 FR 14318). The reasons for the exclusion were stated in the notice as follows:

(C)utting certain materials to the prescribed thickness produces a tufted surface upon which a flame front may be propagated at a faster rate than it would be upon the surface of the material before cutting, thereby creating an artificial test condition.

Because of this exclusion, the surface facing upward pursuant to S5.2.2 is not required to comply with the burn-rate requirement of S4.3(a) if the surface was created by cutting the material to be tested to the prescribed thickness.

In addition, I note that S5.3(b) requires the test specimen to be placed in the center of the cabinet. Therefore, it should not be any more difficult to observe the progress of the flame on the surface facing down than the surface facing up.

Question 2.

MVSS-302, in Section S5.3(f), states that the flame progression be measured to a point 1.5 inches from the clamped end of the specimen under test. The standard does not specify actions to be taken after timing has stopped. Some laboratories put out the flame using a small amount of water from a spray bottle. The question has been raised as to whether using a small amount of water from a spray bottle to put out the flame is an acceptable procedure.

You are correct that Standard No. 302 does not specify a procedure to extinguish the flame after the test. Therefore, spraying a specimen with a small amount of water to extinguish the flame would be acceptable.

However, please bear in mind that S5.1.2 states

Prior to testing, each specimen is conditioned for 24 hours at a temperature of 70 F. and a relative humidity of 50 percent, and the test is conducted under those ambient conditions.

After spraying a specimen in the test cabinet, it would be necessary to ensure that the ambient conditions in the cabinet conform to those specified in S5.1.2 before conducting any additional tests.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel

ref:302 d:3/23/93

ID: curtain22830

Mr. Natale De Pasquale
ITI Industriale
s.r.l. Via Fratelli Bandiera
13-20016 PERO (MILANO)
ITALY





Dear Mr. De Pasquele:

This responds to your letter asking for information about the application of United States safety standards to a "rear window curtain for cars in general." You do not mention, however, the purpose of the attachment, whether the curtain will be made available to original equipment manufacturers and/or marketed as an aftermarket product for installation on used vehicles, or provide a thorough description of the product. Further, you indicate that ITI Industriale intends to import this product into the United States.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment or pass on the compliance of a vehicle or item of equipment outside the context of an actual enforcement proceeding. Instead, Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. The following represents our opinion regarding the applicability of our laws to your product based on the facts set forth in your letter.

Installation in New Vehicles

A manufacturer of a new vehicle must certify that its vehicle meets all applicable Federal motor vehicle safety standards. Any person who manufactures or sells a new vehicle which does not conform to any safety standard is subject to civil penalties and recall action under our statute.

NHTSA has issued FMVSS No. 205, Glazing materials, to establish performance and location requirements for glazing in each new motor vehicle. FMVSS No. 205 incorporates an industry standard, the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways (ANSI Z26.1)." Under FMVSS No. 205 and the ANSI standard, glazing for use at levels intended for driving visibility must meet all of the requirements of the standard, including those on light transmittance. FMVSS No. 205 and ANSI

Z26.1 apply a 70 percent light transmittance requirement to areas of glazing that are requisite for driving visibility (which includes all windows in passenger cars).

Installation of your curtains as proposed would not cause a noncompliance with FMVSS No. 205 because the test procedures do not incorporate an in-vehicle test, instead they contemplate testing of only the glazing itself. Therefore, your curtain need not comply with the standard either by itself (because it does not meet the definition of glazing) or in combination with the windows, assuming that it is not attached to the window. However, if the curtains were installed into the glazing in any manner, e.g. between two layers of glass, the combination of curtain and glass would be considered a multiple glazed unit and would have to meet the standard.

In addition, there are a number of other standards that might be affected by installation of the component. In particular, I would like to draw your attention to FMVSS No. 103, Windshield defrosting and defogging systems, FMVSS No. 212, Windshield mounting, FMVSS No. 219, Windshield zone intrusion, FMVSS No. 201, Occupant protection in interior impact, and FMVSS No. 302 , Flammability of interior materials. You should carefully review these and all other FMVSSs to determine how the product would affect a vehicle's conformance with these standards.

As an Aftermarket Item of Equipment

As far as we can tell from your letter, your product appears to be an item of motor vehicle equipment regulated by NHTSA. ⁽¹⁾ Your curtain is an accessory because it was presumably designed with the expectation that a substantial portion of its expected use will be with motor vehicles. (We make this assumption because you designed the product for rear windows in "cars"). Further, the curtain appears to be intended to be purchased and principally used by ordinary users of motor vehicles.

While a rear window curtain is an item of motor vehicle equipment, NHTSA has not issued any FMVSSs establishing performance standards directly applicable to this product if it were sold directly to consumers for installation on used vehicles. However, the manufacturer, whether your client or a licensee, is subject to the requirements of 49 U.S.C. 30118-30120, which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

The installation of a rear window curtain by a commercial entity is also subject to other restrictions. Our statute at 49 U.S.C. 30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly "make inoperative" any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Therefore, the rear window curtain could not be installed by any of those entities if such use would adversely affect the ability of a vehicle to comply with any FMVSS. You should carefully review the FMVSSs, particularly those listed above, to determine whether installation of your rear window curtain would affect a vehicle's compliance with the standards. ⁽²⁾

I note that the Federal Motor Carrier Safety Administration has jurisdiction over interstate motor carriers operating in the United States. You should contact that Administration at (202) 366-2519 for information about any requirements that may apply to your product. In addition, states have the authority to regulate the use and licensing of vehicles operating within their jurisdictions and may have restrictions on shade bands. Therefore, you should check with the Department of Motor Vehicles in any state in which the equipment will be sold or used.

Also, there is a procedural regulation that you need to meet to import the curtain into the United States. 49 CFR Part 551, "Procedural Rules," requires the actual manufacturer of foreign-manufactured motor vehicle equipment to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The designation of the agent for the service of process must contain the following six items in order to be valid under section 551.45:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, trade names, or other designations of the origin of any of the manufacturer's products which do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his or her signature. This designation should be mailed to the address shown in section 551.45(b).

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:205
d.5/9/01






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1. Our statute defines "motor vehicle equipment," in relevant part, as any system, part, or component "sold ... as an accessory or addition to a motor vehicle" (49 U.S.C. 30102(a)(7)(B)). An item of equipment is an accessory if it meets the following criteria:

a. A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

b. It is purchased or otherwise acquired, and principally used by ordinary users of motor vehicles.

2. The "make inoperative" provision does not apply to equipment attached to or installed on or in a vehicle by the vehicle owner. However, NHTSA urges vehicle owners not to degrade the safety of any system or device on their vehicles.