ID: 1984-2.1

TYPE: INTERPRETATION-NHTSA

DATE: 05/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Bane; Allison; Saint & Ehlers; P.C.

TITLE: FMVSS INTERPRETATION

TEXT:

May 14, 1984

John R. Bailen, Esq. Bane, Allison Saint & Ehlers, P.C. 200 West Front Street Fifth Floor Bloomington, Illinois 61701

Dear Mr. Bailen:

This responds to your letter to this office asking about the requirements of Federal Motor Vehicle Safety Standard No. 213 Child Restraint Systems (49 CFR S571.213). Specifically you represent a client who will be manufacturing seat covers which would be attached to the seat of the child restraint system. You stated that you had spoken with Mr. Radovich of our Rulemaking Division, and he had indicated his opinion that the only requirements to which these seat covers might be subject would be the flammability requirements. You asked if this is correct, and if any other requirements were applicable, noting a particular interest in whether any labeling requirements might apply to these seat covers. There are no labeling requirements promulgated by this agency applicable to those seat covers. Further, the flammability requirements incorporated in Standard No. 213 are applicable only if your client wishes to have those covers installed an child restraint systems by manufacturers, dealers, distributors, or repair shops.

Standard No. 213 specifies information which must appear on a label affixed to each child restraint system. However, none of that information relates to the materials used in the seat covers. Hence, Standard No. 213 does not impose any labeling requirements which might be applicable to seat covers for child restraint systems.

Further, Standard No. 213 applies to child restraint systems prior to their first purchase in good faith for purposes other than resale, and not to aftermarket accessories for use with or an the child restraint system. Generally those aftermarket accessories may be added to the child restraint system, even if the addition of those accessories causes the child restraint to no longer comply with Standard No. 213, without violating the requirements of the standard.

This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter "the Safety Act"; 15 U.S.C. 1397(a)(2)(A). 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...an item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,...." Section S5.7 of Standard No. 213 requires that each material used in a child restraint system conform to the requirements of section S4 of Standard No. 302, Flammability of Interior Materials (49 CFR S571.302). If a party were to add a seat cover which did not meet the flammability requirements of Standard No. 302 to a child restraint which was previously certified as meeting those flammability requirements, that act would be interpreted by this agency as rendering inoperative the flammability resistance installed on the child restraint in compliance with an applicable Federal safety standard. If such an act were performed by a manufacturer, dealer, distributor, or repair business, it would be a violation of section 108(a)(2)(A) of the Safety Act, and such a violation would subject the offender to a civil penalty of $1,000 for each violation, as specified in section 109 of the Safety Act (15 U.S.C. 1398).

You should note that the prohibitions in section 108(a)(2)(A) of the Safety Act do not apply to a consumer who renders inoperative some element of design of the child restraint system, and therefore your client's seat cover need not satisfy the flammability requirements for child restraint systems if it is intended to be sold to and installed by consumers. You might wish to inform your client about potential liability under State and common law if the seat covers do not comply with those flammability requirements, in the event those seat covers catch fire.

You may also wish to inform your client about the potential consequences of an item of motor vehicle equipment which is determined to contain a safety-related defect. Should these seat covers catch fire in situations where seat covers which comply with Standard No. 302 would not catch fire, the non-complying seat covers might well be found to contain a safety-related defect. Sections 151-154 of the Safety Act (15 U.S.C. 1411-1414) require that, when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser.

If you have any further questions or need more information on this subject, please feel free to contact me.

Sincerely,

Frank Berndt Chief Counsel

BANE, ALLISON, SAINT & EHLERS, P.C.

November 30, 1983

National Highway Traffic Safety Administration 400 Seventh Street SW Washington, D.C. 20590

Attn: Office of Chief Counsel

Re: Child Car Seat Covers

Gentlemen/Ladies:

I represent an individual who shall be manufacturing child seat covers which basically are fabric covers which shall attach to the child car seat. The purpose of this correspondence is to inquire as to whether there are any labeling requirements to which these covers are subject. From preliminary inquiries I have made with the Consumer Products Safety Commission, they inform me that standards, if any, pertaining to this seat, would be under the jurisdiction of NHTSA inasmuch as it is NHTSA that exercises authority over child car seats.

I have discussed this matter briefly with Val Radovich of your office and the only standard to which he thinks these covers may be subject would be flammability standards as provided in Federal Motor Vehicle Standards No. 302 and 213. Because Mr. Radovich is not certain of this, he suggested I contact you for your opinion on this matter. Inasmuch as these seat covers will be coming in contact with children's skin, I was wondering whether any children's clothing labeling requirements might be applicable to this cover.

My client is eager to commence production at the earliest possible date and, of course, will comply with whatever standards to which these covers may be subject. I would appreciate your direction in this regard at your earliest convenience so that I may advise my client in a manner consistent with applicable federal requirements.

Your assistance is most appreciated.

Very truly yours,

John R. Bailen

JRBsv

ID: nht76-3.12

DATE: 08/20/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Attwood Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of June 23, 1976, in which you ask whether Standard No. 302, Flammability of Interior Materials, applies to portable toilets.

Standard 302 applies to the motor vehicles listed in Section S3, including the equipment installed in them at the time of sale. Section S4 lists those parts of a motor vehicle that must comply with burn resistance requirements, and a portable toilet is not included. Therefore, it is not subject to the standard. I have enclosed a copy of the standard for your information.

SINCERELY,

June 23, 1976

Federal Highway and Transportation Safety Administration NHTSA

DEAR SIR:

I am trying to find the Federal Motor Vehicle Standard No. 302 which covers portable toilets. Please send me any information you have on this.

Thank you.

SINCERELY,

ATTWOOD CORPORATION

Don Dekker

ID: 77-1.42

TYPE: INTERPRETATION-NHTSA

DATE: 03/08/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Trean Mfg. Corp.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your February 4, 1977, question whether Standard No. 302, Flammability of Interior Materials, applies to materials supplied to the aftermarket for use in vans.

Standard No. 302 does not directly apply to aftermarket materials or components. As a vehicle standard it applies only to those original components or materials of new vehicles specified in paragraph S4.1 of the standard and installed in a vehicle prior to its first sale for purposes other than resale (15 U.S.C. @ 1397(b)(1)). Therefore, materials that you supply to the final vehicle purchaser are not subject to the requirements of the standard.

I would also note that, with regard to the installation of interior materials in motor vehicles after the first sale for purposes other than resale, no manufacturer, distributor, dealer, or repair business may knowingly render inoperative a device or element of design (such as flame retardant materials) installed in compliance with an applicable motor vehicle safety standard (15 U.S.C. @ 1397(a) (2) (A)). Therefore, although the materials you produce may not always be required to meet the requirements of the standard when sold in the aftermarket, there may be situations in which the materials could not be legally installed by a manufacturer, distributor, dealer, or repair business unless they were in compliance with the standard.

SINCERELY,

Treon Mfg. Corp.

FEBRUARY 4TH, 1977

CHIEF COUNSEL FRANK BERNDT

AS PER MY TELEPHONE CONVERSATION WITH MR. BOB WILLIAMS OF NHTSA, I AM WRITING TO YOU FOR LEGAL INTERPRETATION.

MY COMPANY MANUFACTURERS AND SUPPLIES VAN INTERIOR SOFT PARTS TO THE AFTER MARKET. OUR DISTRIBUTION IS EITHER DIRECT TO CONSUMER OR THROUGH WAREHOUSE DISTRIBUTORS, WHO IN TURN SERVE THE VAN OWNER.

WOULD YOU PLEASE GIVE US THE LEGAL INTERPRETATION OF THE LAWS GOVERNING THE USE OF FORMULA 302 TREATMENT IN FABRICS USED IN THE MANUFACTURE OF THESE PRODUCTS.

THANKING YOU IN ADVANCE FOR ANY COURTESIES EXTENDED.

ARTHUR WOLINSKY PRESIDENT

ID: 1923y

Mr. Martin M. Ginsburg
Proline Designs
25206 Loytan Street
Torrance, CA 90505

Dear Mr. Ginsburg:

This responds to your letters asking whether Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials (49 CFR /571.302), applies to the "interior window coverings" that you manufacture for "pick up truck shells." In your letters, you briefly explain that the "shell," which is sold as an aftermarket product, "is placed directly over the bed of a truck." The answer to your question is no, Standard No. 302 does not apply to your product. I regret the delay in responding to your letter.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not grant approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on our understanding of the facts provided in your letter.

There are two factors which lead us to conclude that Standard No. 302 does not apply to your window coverings. First, you manufacture an aftermarket item of equipment--i.e., an accessory or addition to a motor vehicle sold to owners of used vehicles. Standard No. 302 regulates the flammability resistance of curtains and shades in new completed vehicles only.

Second, even if the shell and its window coverings were installed on a new vehicle prior to the vehicle's first sale to a consumer, Standard No. 302 applies only to components in the "occupant compartment air space" (S4), which the agency has indicated is the area in which persons are likely to use to ride. Assuming that we are correct in believing that people do not typically ride in the enclosed bed of the truck, we conclude that the area enclosed by the shell would not be an occupant compartment. This accords with the agency's February 15, 1983 letter to Mr. Nakaya in which NHTSA stated that, with regard to vans, the space to the rear of the rearmost seat was not part of the occupant compartment. Accordingly, since the window coverings in question are not located in the occupant compartment, we conclude that they are not subject to Standard No. 302.

Nevertheless, there are two matters that you ought to consider when manufacturing your window coverings. First is the possibility of liability under State and common law if the coverings were to catch fire in a situation where a window covering meeting Standard No. 302's flammability resistance requirements would not have caught fire, or if the coverings burn much more rapidly than coverings meeting those requirements.

Second is the possibility of a finding of a safety-related defect in your products. While Standard No. 302 does not directly apply to your product, you should be aware that the window coverings you manufacture are considered to be items of motor vehicle equipment. As the manufacturer of motor vehicle equipment, you are thereby subject to the provisions set forth in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. If you or this agency determined that your product had a defect relating to motor vehicle safety, you would have to notify all known purchasers of the defect and either repair your product so that the defect is removed, or replace the window coverings with an identical or reasonably equivalent product that does not contain a defect.

Your letter did not indicate whether you also manufacture the truck shell to which you refer. If you are the shell manufacturer, and if your product contains glazing material, Standard No. 205 (49 CFR /571.205, Glazing Materials) directly applies to your product. Standard No. 205 is an equipment standard which sets performance requirements for glazing materials used in new and used motor vehicles and glazing materials sold as items of motor vehicle equipment, including glazing used in truck shells. The standard establishes both performance requirements, including those regulating the light transmittance and abrasion resistance of glazing, and labeling requirements applicable to the glazing used in your product.

We note also that, since your description of the "shell" was very brief, we were not certain whether the term "shell" as you use it includes what our regulations refer to as a "slide-in camper." Under Standard No. 126, Truck-Camper Loading (49 CFR /571.126), a "slide-in camper" is a structure having a roof, floor, and sides, designed for the purpose of providing shelter for persons and to be mounted on and removed from the cargo area of a truck by the user. (See, also, 49 CFR /575.103 for NHTSA's consumer information requirements for trucks that are capable of accommodating slide-in campers.) In light of the possibility that the structures to which you refer are slide-in campers, and that you might be the manufacturer of the campers, we would like to mention our regulations that apply to slide-in campers.

Briefly, each slide-in camper must meet Standard No. 205 for any glazing materials used in the camper. In addition, Standard No. 126 requires each slide-in camper to be permanently labeled with information including its maximum loaded weight. This standard also requires each camper to be furnished with an owner's manual that includes information on total camper weight, proper matching of a truck and slide-in camper, appropriate methods of camper loading, and how to determine the camper's center of gravity (cg) and where the cg should be placed in the truck cargo area. All campers must also be certified in accordance with section 114 of the Vehicle Safety Act as conforming to all applicable Federal motor vehicle safety standards. Each camper manufacturer must submit certain information concerning its company pursuant to Part 566 of our regulations, Manufacturer Identification. However, Standard No. 302 does not apply to slide-in campers, even if the slide-in camper is installed on a new pickup truck.

Finally, we must decline your request that we review "California Health and Safety Code Standard No. 19" to inform you whether window coverings that meet the California standard can meet Standard No. 302. NHTSA determines whether a vehicle or item of motor vehicle equipment complies with an applicable safety standard by purchasing vehicles and equipment and testing them under strict conditions according to the procedures specified in the standards. Thus, we determine whether a product subject to our standards complies with those standards by assessing the actual performance of the product in our tests. Since your window coverings are not subject to Standard No. 302, they will not be part of our compliance testing. Further, even if the coverings were subject to Standard No. 302, we have already noted that it is the responsibility of the manufacturer of the motor vehicle or motor vehicle equipment--and not NHTSA--to ensure that its vehicles or equipment comply with applicable FMVSS's.

I have enclosed copies of all of the safety standards and regulations mentioned above, and an information sheet explaining how you can obtain copies of NHTSA regulations for your future reference. I hope this information is helpful.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures /ref:302#126 d:7/27/89

ID: nht89-2.46

TYPE: INTERPRETATION-NHTSA

DATE: 07/27/89

FROM: STEPHEN P. WOOD -- NHTSA

TO: MARTIN M. GINSBURG -- PROLINE DESIGNS

TITLE: NONE

ATTACHMT: LETTER DATED 05/08/88 FROM MARTIN M. GINSBURG TO ERIKA JONES -- NHTSA; OCC 2027; LETTER DATED 11/24/88 FROM MARTIN M. GINSBURG TO ERIKA Z. JONES -- NHTSA

TEXT: Dear Mr. Ginsburg:

This responds to your letters asking whether Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials (49 CFR @ 571.302), applies to the "interior window coverings" that you manufacture for "pick up truck shells." In your letters, you briefly explain that the "shell," which is sold as an aftermarket product, "is placed directly over the bed of a truck." The answer to your question is no, Standard No. 302 does not apply to your product. I regret the delay in responding t o your letter.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not grant approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the m anufacturer to ensure that its vehicles or equipment comply with applicable requirements. The following represents our opinion based on our understanding of the facts provided in your letter.

There are two factors which lead us to conclude that Standard No. 302 does not apply to your window coverings. First, you manufacture an aftermarket item of equipment -- i.e., an accessory or addition to a motor vehicle sold to owners of used vehicles. Standard No. 302 regulates the flammability resistance of curtains and shades in new completed vehicles only.

Second, even if the shell and its window coverings were installed on a new vehicle prior to the vehicle's first sale to a consumer, Standard No. 302 applies only to components in the "occupant compartment air space" (S4), which the agency has indicated i s the area in which persons are likely to use to ride. Assuming that we are correct in believing that people do not typically ride in the enclosed bed of the truck, we conclude that the area enclosed by the shell would not be an occupant compartment. Th is accords with the agency's February 15, 1983 letter to Mr. Nakaya in which NHTSA stated that, with regard to vans, the space to

the rear of the rearmost seat was not part of the occupant compartment. Accordingly, since the window coverings in question are not located in the occupant compartment, we conclude that they are not subject to Standard No. 302.

Nevertheless, there are two matters that you ought to consider when manufacturing your window coverings. First is the possibility of liability under State and common law if the coverings were to catch fire in a situation where a window covering meeting Standard No. 302's flammability resistance requirements would not have caught fire, or if the coverings burn much more rapidly than coverings meeting those requirements.

Second is the possibility of a finding of a safety-related defect in your products. While Standard No. 302 does not directly apply to your product, you should be aware that the window coverings you manufacture are considered to be items of motor vehicle equipment. As the manufacturer of motor vehicle equipment, you are thereby subject to the provisions set forth in sections 151-159 of the Vehicle Safety Act concerning the recall and remedy of equipment with defects relating to motor vehicle safety. I f you or this agency determined that your product had a defect relating to motor vehicle safety, you would have to notify all known purchasers of the defect and either repair your product so that the defect is removed, or replace the window coverings wit h an identical or reasonably equivalent product that does not contain a defect.

Your letter did not indicate whether you also manufacture the truck shell to which you refer. If you are the shell manufacturer, and if your product contains glazing material, Standard No. 205 (49 CFR @ 571.205, Glazing Materials) directly applies to yo ur product. Standard No. 205 is an equipment standard which sets performance requirements for glazing materials used in new and used motor vehicles and glazing materials sold as items of motor vehicle equipment, including glazing used in truck shells. The standard establishes both performance requirements, including those regulating the light transmittance and abrasion resistance of glazing, and labeling requirements applicable to the glazing used in your product.

We note also that, since your description of the "shell" was very brief, we were not certain whether the term "shell" as you use it includes what our regulations refer to as a "slide-in camper." Under Standard No. 126, Truck-Camper Loading (49 CFR @ 571. 126), a "slide-in camper" is a structure having a roof, floor, and sides, designed for the purpose of providing shelter for persons and to be mounted on and removed from the cargo area of a truck by the user. (See, also, 49 CFR @ 575.103 for NHTSA's con sumer information requirements for trucks that are capable of accommodating slide-in campers.) In light of the possibility that the structures to which you refer are slide-in campers, and that you might be the manufacturer of the campers, we would like t o mention our regulations that apply to slide-in campers.

Briefly, each slide-in camper must meet Standard No. 205 for any glazing materials used in the camper. In addition, Standard No. 126 requires each slide-in camper to be permanently labeled with information including its maximum loaded weight. This stan dard also requires each camper to be furnished with an owner's manual that includes information on total camper weight, proper matching of a truck and slide-in camper, appropriate methods of camper loading, and how to determine the camper's center of gra vity (cg) and where the cg should be placed in the truck cargo area. All campers must also be certified in accordance with section 114 of the Vehicle Safety Act as conforming to all applicable Federal motor vehicle safety standards. Each camper manufac turer must submit certain information concerning its company pursuant to Part 566 of our regulations, Manufacturer Identification. However, Standard No. 302 does not apply to slide-in campers, even if the slide-in camper is installed on a new pickup tru ck.

Finally, we must decline your request that we review "California Health and Safety Code Standard No. 19" to inform you whether window coverings that meet the California standard can meet Standard No. 302. NHTSA determines whether a vehicle or item of mo tor vehicle equipment complies with an applicable safety standard by purchasing vehicles and equipment and testing them under strict conditions according to the procedures specified in the standards. Thus, we determine whether a product subject to our s tandards complies with those standards by assessing the actual performance of the product in our tests. Since your window coverings are not subject to Standard No. 302, they will not be part of our compliance testing. Further, even if the coverings were subject to Standard No. 302, we have already noted that it is the responsibility of the manufacturer of the motor vehicle or motor vehicle equipment -- and not NHTSA -- to ensure that its vehicles or equipment comply with applicable FMVSS's.

I have enclosed copies of all of the safety standards and regulations mentioned above, and an information sheet explaining how you can obtain copies of NHTSA regulations for your future reference. I hope this information is helpful.

Sincerely,

Enclosures

ID: Sealing_screen000519

Ms. Erika Z. Jones
Mayer, Brown, Rowe & Maw LLP
1909 K Street, NW
Washington, DC 20006-1101




Dear Ms. Jones:

This responds to your January 7, 2005, letter asking about Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of interior materials. You ask if a sealing screen attached to an exterior door panel would be subject to FMVSS No. 302. Our answer is no.

In your letter, you state that the sealing screen is installed between the door trim panel and the exterior door panel. It does not adhere to the door trim panel at any point, and is physically attached only to the exterior door panel. You state that the sealing screen serves the purpose of protecting the space behind the exterior door panel from moisture leaks and is not designed to absorb energy from an occupant in a crash. The sealing screen is within 13 millimeters (mm) of the occupant compartment air space.

FMVSS No. 302 applies to new motor vehicles, and specifies burn resistance requirements for particular components, listed in S4.1 of the standard, used in the vehicle occupant compartment. Of those components, any portion of a single or composite material which is within 13 mm of the occupant compartment air space must meet the burn limit requirements of S4.3 of the standard. The components listed in S4.1 are:

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, mattress 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.

The question presented by your letter is whether we would consider the screen you described as a "trim panel, including door, front, rear, and side panels". Our answer is no. The screen is attached solely to the exterior door

panel and is not incorporated into the interior door trim panel. We therefore conclude that it is not part of a "trim panel". Since the screen would not be part of a component listed in S4.1, it is excluded from FMVSS No. 302.

If you have any additional questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:302
d.2/24/05

ID: nht80-2.9

DATE: 04/22/80

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Cosco Home Products

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of March 27, 1980, to Mr. Stephen Oesch of my staff concerning Standard No. 213, Child Restraint Systems. You asked whether the labels and installation diagrams required by the standard must comply with Standard No. 302, Flammability of Interior Materials. In addition, you asked whether an upholstery tag, required by State law, attached to the seat must comply with Standard No. 302.

Section 5.7 of Standard No. 213 requires "each material used in a child restraint system" to conform to the performance requirements of Standard No. 302. Because the label, installation diagram and tag materials are affixed to the child restraint, they would have to comply with Standard No. 302.

Section 4.2.2 of Standard No. 302 provides that "any material that adheres to other materials at every point of contact" shall meet the performance requirements of the standard "when tested as a composite with the other materials." Thus, if the label, diagram and tag are affixed to the plastic shell of the restraint so that they adhere to the shell at every point of contact, they would be tested with the shell. If the label, diagram and tag do not adhere at every point of contact, section 4.2.1 requires them to meet the performance requirement of the standard when tested separately.

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

Steven L. Oesh Vehicle Safety Standards National Highway Traffic Safety Administration

March 27, 1980

Dear Mr. Oesh:

As you know, the Standard No. 213 requires labeling and installation diagrams. Normally, these labels are paper with a self-adhesive backing.

Some states require upholstery tags that are also normally paper, and almost always are torn off by the customer.

Our plastic shell to which the labels will be attached and the pad assemblies themselves will conform to the Flammability requirements of FMVSS No. 302.

As the two small labels and the upholstery tag are insignificant compared to the assemblies to which they are attached, and the method of testing is with a 4" x 14" specimen which is large compared to the labels, would paper labels as applied in our application be allowed? I would appreciate your immediate attention to this question.

Don Gerken Product Engineer

ID: 77-4.4

TYPE: INTERPRETATION-NHTSA

DATE: 09/26/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin, Jr.; NHTSA

TO: Holiday Rambler Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your June 1, 1977, letter asking several questions about the applicability of Federal safety standards to travel trailers and motor homes.

You first ask whether bed sheets and decorative bedspreads shipped with a motor home are required to meet Standard No. 302, Flammability of Interior Materials. The items required to meet the standard are listed in S4.1 of the standard. That list does not include sheets or bedspreads. Therefore, they are not required to comply with the standard.

In a related question pertaining to Standard No. 302, you ask whether "mattress cover" as that term is used in the standard refers to the permanent mattress ticking or to a removable mattress cover. The National Highway Traffic Safety Administration (NHTSA) has determined that the standard applies to both the permanent ticking and the removable cover. Therefore, both must comply with the requirements of Standard No. 302.

In a question pertaining to Standard No. 207, Seating Systems, you ask whether it is permissible to label a bench seat "not for occupancy while vehicle is in motion" on one label or whether a seat must be labeled at each seating position. Standard No. 207 requires only one label for a bench seat in a motor home. You should note that Standard No. 207 does not apply to travel trailers.

You ask whether the NHTSA has jurisdiction over safety-related defects in motor homes not covered by safety standards. The agency has general defect jurisdiction granted by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) for all safety-related motor vehicle defects. The NHTSA's defect jurisdiction also extends to the nonoperational safety of a vehicle.

In a final question you ask whether the agency has jurisdiction over travel trailers. The NHTSA has jurisdiction over "any motor vehicle" which is defined in the Act as "any vehicle driven or drawn by mechanical power . . ." Therefore, the NHTSA has jurisdiction over travel trailers that is identical to its jurisdiction over any other motor vehicle.

SINCERELY,

JUNE 1, 1977

Joseph Levin National Highway Traffic Safety Administration

Holiday Rambler Corporation is a manufacturer of Recreational Vehicles including motor homes and travel trailers. We would like a ruling on items one through four listed below and information on item five: 1. Are bed sheets and decorative bedspreads sold and shipped in a motor home required to meet the standards of FMVSS 302?

2. In reference to FMVSS 302 define mattress cover is it:

a. The permanently installed cover or ticking which incapsulates the foam or other interior stuffing, or

b. Is it a removable outer covering that is intended specifically to protect the mattress itself from soil stain etc., which can be installed and removed for cleaning by the consumer?

3. When labeling a bench type seat "not for occupancy while vehicle is in motion" according to FMVSS 207 - S4.4, is one label sufficient or is it necessary to place labels 18" O.C. at each possible seating position?

4. Do those safety related defects in motor homes not covered by a Federal Motor Vehicle Safety Standard fall under the jurisdiction of the National Highway Traffic Safety Administration? If the defect applies or occurs only in the camping mode, does NHTSA have jurisdiction?

5. Does NHTSA have jurisdiction over travel trailers and if so, to what extent?

Charles E. Klatt, Senior Director Codes, Legalities, Testing & Training

Memorandum

SUBJECT: Telephone Converstation

DATE: Sept 30, 1977

In reply refer to:

FROM: Safety Standards Engineer Office of Crashworthiness

THRU: AA, MVP

TO: Dockets 74-14, 2-14, & 2-12

On Sept 30, I called Mr. Premo of Sheller Globe Corp.

Discussion Mr. Premo had called the day before and asked for information about attendant seats in an ambulance. On Sept 30 we discussed the requirements & Stds 207, 208, and 210 as they applied to ambulances. I told Mr. Premo that, since the attendant seats were designated seating positions, his company had to comply with the requirements of (Illegible Word) three standards.

W. SMITH

ID: 06-003795as

ID: nht93-9.18

DATE: December 16, 1993

FROM: Erika Z. Jones -- Mayer, Brown & Platt

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached To Letter Dated 6/9/94 From John Womack To Erika Jones (A42; Std. 213; VSA 103(d)

TEXT: Dear Mr. Womack:

I am writing to obtain your opinion about the applicability to automotive child restraints of a California statute regarding flammability resistance of upholstered furniture, California Business and Professions Code, Division 8, Chapter 3, @ 19006 and 19161. The California law has been implemented in state regulations, Cal. Code Regs., title 4, @ 1370 et seq. The implementing regulations incorporate Technical Bulletin 117 of the State of California Bureau of Home Furnishings; which specifies the required performance requirements and test procedures. I have enclosed a "Flammability Information Package" prepared by the State of California which includes a copy of the statute, regulations and Technical Bulletin cited above.

Automobile child restraints are subject to Federal Motor Vehicle Safety Standard 213 (49 C.F.R. @ 571.213), which incorporates FMVSS 302, pertaining to the flammability of interior materials contained in motor vehicles and motor vehicle equipment. FMVSS 213 and FMVSS 302 specifically regulate the flammability resistance of these interior materials and, thus, pertain to the same aspect of performance as that addressed by the California law.

The National Traffic and Motor Vehicle Safety Act preempts any state statute or regulation that is not identical to the federal standard. (15 U.S.C. 1392(d). n1/ As the California

2

flammability standard is not identical to the federal flammability requirements as contained in FMVSS 213 and FMVSS 302, it appears that the California standard is preempted by the NHTSA standards, insofar as the California law would be applied to automotive child restraints. Therefore, it appears that the California flammability requirements are not applicable to automotive child restraints certified to comply with FMVSS 213, and such restraints need not comply with the requirements of that statute.

n1/ The statute reads: "Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard."

Please confirm whether NHTSA concurs in our understanding of the applicability of the California flammability standard to automotive child restraints.

Sincerely,

enclosure