ID: nht81-3.49

DATE: 12/23/81

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: M. Lowenstein Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your November 25, 1981, letter asking whether children's car seats must comply with the flammability requirements of Standard No. 302, Flammability of Interior Materials. The answer to your question is yes. Section S5.7 of Standard No. 213, Child Restraint Systems, specifically states that each material used in a child restraint system shall comply with the flammability requirements of Standard No. 302.

SINCERELY,

M. LOWENSTEIN CORPORATION

November 25, 1981

Steve Oesch Office of Chief Counsel NHTSA

Dear Sir:

One of the divisions within the M. Lowenstein Corporation is considering selling fabric to a manufacturer of infants' or children's car seats for use in upholstering these seats. We would appreciate your advisory opinion as to whether or not fabrics intended or promoted for this end use must comply with the DOTMVS 302 Fabric Flammability Standard.

Dr. John R. Holsten Director Of Regulatory Affairs

ID: nht87-2.20

TYPE: INTERPRETATION-NHTSA

DATE: 06/22/87

FROM: ROSE M. TALISMAN -- JOAN AUTOMOTIVE INDUSTRIES TESTING LAB

TO: DOUG COLE -- NATIONAL VAN CONVERSION ASSOCIATION, INC.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 11/01/88 FROM ERIKA Z JONES TO DOUG COLE; REDBOOK A 32, STANDARD 302; LETTER DATED 06/08/87 FROM ROSE TALISMAN TO DOUG COLE; LETTER DATED 06/23/87 FROM DOUG COLE TO STEVE KRANTZKE; LETTER DATED 06/29/87 FROM JONATHAN JA CKSON TO DOUG COLE

TEXT: Dear Doug:

As I stated earlier correspondence Joan Automotive Industries conducts its flammability testing according to Federal Motor Vehicle Safety Standard No. 302. This includes the use of heat resistant support wires as indicated in paragraph S5.1.3, "A specime n 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."

It is our belief that this method satisfies the requirements of FMVSS 302 testing and is the standard industry procedure for testing automotive bodycloth.

Please keep us informed as to what the Department of Transportation's response is to your inquiry.

ID: 1932y

Mr. John Schroeter
August Industries
26717 216th Av., S.E.
Maple Valley, WA 98038

Dear Mr. Schroeter:

This responds to your letter asking for information about the application of Federal safety standards to a head restraint that attaches to the rear window of pickup trucks. I regret the delay in responding. I hope the following information is helpful.

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 motor 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 Vehicle 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 provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head restraint device sold as an item of "aftermarket" equipment for pickup trucks.

However, there are other Federal laws that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are 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 you or NHTSA determines that your head restraints 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. 302, Flammability of Interior Materials (copy enclosed), would also affect your head restraint if your product is installed by a commercial business on either new or used vehicles. A manufacturer installing your head restraint device on a new truck prior to certifying the truck as complying with all applicable Federal motor vehicle safety standards, as required by the Safety Act, has certain responsibilities relating to that obligation to certify. Standard No. 302 establishes flammability resistance requirements for trucks that must be met by certain vehicle components, including head restraints. The new vehicle manufacturer that installs your product on the new vehicle would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the head restraint device conforms to the flammability resistance requirements of the standard.

A commercial business that installs the head restraint on new or used vehicles would be subject to statutory considerations that affect whether the business may install your product on a vehicle without violating the Safety Act. 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 in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.

However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle.

In addition to the materials described above, I am also enclosing a Federal Register notice (53 FR 50047) that NHTSA issued on December 13, 1988, proposing to extend the applicability of Standard No. 202 to light trucks and vans. NHTSA has proposed to make this extension effective September 1, 1991. We expect to announce the agency's next step in the rulemaking proceeding by this fall.

Please feel free to contact us if you have further questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:VSA#202#302 d:8/7/89

ID: 9401

Mr. Len R. Thies
C&C Creations
9103 East 67th Court
Tulsa, OK 74133

Dear Mr. Thies:

This responds to your letter asking about Federal rules, particularly those for flammability resistance, applicable to your aftermarket product. I apologize for the delay in responding. You state that your product is a sheet of clear vinyl that inhibits the air flow in a van, thus reducing the amount of air to be heated or cooled. You further state that your product does not impair visibility and that it is easily detached and removed by the vehicle owner. This response is based on our understanding of the facts presented in your letter.

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 establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, you are required to certify that your device complies with Standard No. 205, Glazing Materials (49 CFR ' 571.205), based on our understanding of your letter. Standard No. 205 applies to new, completed vehicles as well as to glazing sold in the aftermarket. The standard establishes performance requirements for various types of glazing (called "items") and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference "ANSI Z26," the American National Standards Institute's "Safety Code for Safety Glazing Materials for Motor Vehicles Operating on Land Highways." It appears that your device may be considered an "interior partition," which is considered under ANSI Z26 to be item 6 glazing.

In addition, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying

with Standard No. 111, Rearview Mirrors and Standard No. 302, Flammability of Interior Materials, in addition to Standard No. 205. However, Standards No. 111 and No. 302 apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your product. Under the Safety Act, 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 in ''151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that 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.

Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to '108(a)(2)(A) of the Safety Act, which 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 ...." Your vinyl sheet could render inoperative the rearward visibility requirements set forth in Standard No. 111, or the light transmittance requirements set forth in Standard No. 205. In addition, your product could have elements of design that could render inoperative a vehicle's compliance with Standard No. 302, the FMVSS for flammability resistance for materials used in the occupant compartment of motor vehicles. While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they must not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "render inoperative" prohibition of '108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if your products were placed in vehicles by the vehicle owners, they would not need to meet any FMVSSs. Nevertheless, NHTSA urges vehicle owners not to tamper with or degrade the safety of their vehicles.

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

Enclosure

ref:111#205#302 d:5/18/94

ID: 1938y

Mr. Randy Blackman
Per-Lux Inc.
1242 E. Edna Place
Covina, CA 91724

Dear Mr. Blackman:

This responds to your letter asking for information about the application of Federal safety standards to a head restraint that attaches to the rear window of pickup trucks. I hope the following information is helpful.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor vehicle safety standards that set performance requirements for new motor 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 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 our understanding of the information provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head restraint device sold as an item of "aftermarket" equipment for pickup trucks.

However, there are other Federal requirements that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are 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 you or NHTSA determines that your head restraints 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. 302, Flammability of Interior Materials (copy enclosed), would also affect your head restraint if your product were installed by a commercial business on either new or used vehicles. A manufacturer installing your head restraint device on a new truck prior to certifying the truck as complying with all applicable Federal motor vehicle safety standards, as required by the Safety Act, has certain responsibilities relating to that obligation to certify. Standard No. 302 establishes flammability resistance requirements for trucks that must be met by certain vehicle components, including head restraints. The new vehicle manufacturer that installs your product on the new vehicle would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the head restraint device conforms to the flammability resistance requirements of the standard.

A commercial business wishing to install the head restraint on new or used vehicles would be subject to statutory considerations that affect whether the business may install your product on a vehicle without violating the Safety Act. 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 in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108.

However, the prohibitions of /108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle.

In addition to the materials described above, I am also enclosing a Federal Register notice (53 FR 50047) that NHTSA issued on December 13, 1988, proposing to extend the applicability of Standard No. 202 to light trucks and vans. NHTSA has proposed to make this extension effective September 1, 1991. We expect to announce the agency's next step in the rulemaking proceeding by this fall.

We are also returning herewith the sketch you enclosed with your letter, as you requested in a telephone conversation with Ms. Fujita of my staff. We have issued this interpretation based on information which you confirmed you have no objection to publicly disclosing, and not on information which you asked us not to publicly disclose.

Please feel free to contact us if you have further questions.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/MARCIA/SHAVON: PLEASE MAKE SURE THE SKETCH IS NOT COPIED FOR ANY FILE. WE ARE RETURNING IT, UNCOPIED, TO MR. BLACKMAN.

ref:VSA#202#302 d:8/7/89

ID: 11477MLS

Mr. Martin J. Beckenbach
President
PVC Molding Technologies, Inc
181 West Shore Blvd.
Newark, NY 14513

Dear Mr. Beckenbach:

This responds to your inquiry about whether there are any existing or planned standards or requirements that apply to automotive floormats. In particular, you asked whether any local, state, or Federal standard addresses an automotive floormat=s Askid resistancy@; its backing texture or grain; its thickness, weight or profile; its flammability resistance; or any other characteristic.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards (FMVSSs) 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. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

As for existing Federal standards, Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, (copy enclosed) applies to materials, such as floor mats, used in the occupant compartment of new motor vehicles. 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. One of the components listed is floor coverings. Because 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 standard does not apply to individual components sold separately from a vehicle, such as floormats sold in the aftermarket.

There are no other Federal standards that apply to the other characteristics of floor mats about which you asked. Even though there are no other such Federal standards, you should be

aware that under 49 U.S.C. ''30118-30121, the manufacturer of the floormat is responsible for ensuring that the floormat is free of safety-related defects. (This responsibility is borne by the vehicle manufacturer where the mats are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) If the floormat (or vehicle) 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.

With regard to state or local requirements, you should contact state or local authorities for information about any applicable standards. The Automotive Manufacturers Equipment Compliance Agency, Inc. may have helpful information on whether any such authority has requirements for floormats. That organization can be reached at 1090 Vermont Avenue, N.W., Suite 1200, Washington, D.C. 20005, telephone (202) 898-0145.

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,

Samuel J. Dubbin Chief Counsel ref: 302 d:3/25/96

ID: nht94-3.35

TYPE: INTERPRETATION-NHTSA

DATE: June 9, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Erika Z. Jones -- Esq., Mayer, Brown & Platt

TITLE: None

ATTACHMT: Attached To Letter Dated 12/16/93 From Erika Jones To John Womack (OCC-9459)

TEXT: Dear Ms. Jones:

This responds to your letter asking for our concurrence that @ 103(d) of the National Traffic and Motor Vehicle Safety Act preempts a "California flammability standard" as that standard applies to child restraint systems. The standard you enclosed is Ca lifornia Business and Professions Code, Division 8, Chapter 3, @ 19006 and @ 19161. I apologize for the delay in this response.

Because it was not readily apparent from your letter that the California flammability standard applies to child restraint systems, Ms. Fujita of my staff contacted California state officials for more information about the standard. We were informed by Mr . Art Anderson, Chief of the California Highway Safety Office, that California does not have a flammability standard for child restraint systems. Mr. Anderson was aware that Federal Motor Vehicle Safety Standard (FMVSS) No. 302 applies to child restrain ts by way of S5.7 of FMVSS No. 213, "Child Restraint Systems."

As you point out, Federal preemption issues would arise if California had a flammability standard for child restraint systems that covered the same aspect of performance as FMVSSs 213 and 302. However, in view of Mr. Anderson's statement that California has no flammability standard for child restraint systems, we need not address those issues today.

We hope that this explanation is helpful. Mr. Anderson of the California Highway Safety Office (telephone (916) 445-0527) said he will be happy to answer any questions you might have about California's requirements. If you any further questions about @ 103(d), please do not hesitate to contact us.

Sincerely,

ID: nht90-2.92

TYPE: Interpretation-NHTSA

DATE: June 22, 1990

FROM: Ed McCarron -- Western Star Trucks Inc.

TO: Dee Fujita -- Chief Counsel's Office, NHTSA

TITLE: FMVSS 302 Burn Test

ATTACHMT: Attached to letter dated 6-29-90 to E. McCarron from P. J. Rice; (A35; Std. 302) TEXT:

As per our conversation, below is a sketch (cross section). This shows the corner of a cushion, specifically a mattress.

(Graphics omitted See illustration on original. 1) cover 2) foam 3) foam backing 4) fill 5) corner reinforcement 6) fill backing (at corners)

Can you please recommend how this would be tested.

ID: nht89-2.58

TYPE: INTERPRETATION-NHTSA

DATE: 08/07/89

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

TO: RANDY BLACKMAN -- PER-LUX INC.

TITLE: NONE

ATTACHMT: LETTER DATED 08/19/88 FROM RANDY BLACKMAN -- PERLUX INC TO NHTSA; OCC 2462

TEXT: Dear Mr. Blackman:

This responds to your letter asking for information about the application of Federal safety standards to a head restraint that attaches to the rear window of pickup trucks. I hope the following information is helpful.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor Vehicle safety standards that set performance requirem ents for new motor 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 Safety Act (cop y 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 our understanding of the information provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to the product you wish to manufacture and sell. Our standard for head restraints (Standard No. 202) applies only to completed new passenger cars and not to a head r estraint device sold as an item of "aftermarket" equipment for pickup trucks.

However, there are other Federal requirements that indirectly affect your manufacture and sale of the head restraint device. Under the Safety Act, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle eq uipment, you are 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 responsibili ties. In the event that you or NHTSA determines that your head restraints 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. 302, Flammability of Interior Materials (copy enclosed), would also affect your head restraint if your product were installed by a commercial business on either new or used vehicles. A manufacturer installing your head restraint devi ce on a new truck prior to certifying the truck as complying with all applicable Federal motor vehicle safety standards, as required by the Safety Act, has certain responsibilities relating to that obligation to certify. Standard No. 302 establishes fla mmability resistance requirements for trucks that must be met by certain vehicle components, including head restraints. The new vehicle manufacturer that installs your product on the new vehicle would have to certify the vehicle's compliance with Standa rd No. 302, and thus would be required to ensure that the head restraint device conforms to the flammability resistance requirements of the standard.

A commercial business wishing to install the head restraint on new or used vehicles would be subject to statutory considerations that affect whether the business may install your product on a vehicle without violating the Safety Act. 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 in the business of repairing motor vehi cles or motor vehicle equipment for compensation) installing your head restraint device on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicabl e Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in acco rdance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 1 09 of the Act specifies a civil penalty of up to $ 1,000 for each violation of @ 108.

However, the prohibitions of @ 108(a)(2)(A) do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate the Safety Act by installing the head restraint, even if doing so would negatively affect some safety feature in his or her vehicle.

In addition to the materials described above, I am also enclosing a Federal Register notice (53 FR 50047) that NHTSA issued on December 13, 1988, proposing to extend the applicability of Standard No. 202 to light trucks and vans. NHTSA has proposed to m ake this extension effective September 1, 1991. We expect to announce the agency's next step in the rulemaking proceeding by this fall.

We are also returning herewith the sketch you enclosed with your letter, as you requested in a telephone conversation with Ms. Fujita of my

staff. We have issued this interpretation based on information which you confirmed you have no objection to publicly disclosing, and not on information which you asked us not to publicly disclose.

Please feel free to contact us if you have further questions.

Sincerely,

ENCLOSURES

ID: 24169

Mr. Delmer T. Brower
Ortech Designer
2806 North Industrial Road
Kirksville, MO 63501





Dear Mr. Brower:

This responds to your e-mail of March 12, 2002, in which you request information on Federal Motor Vehicle Safety Standard (FMVSS) No. 302, "Flammability of Interior Materials." Each of your questions is answered below.

In your e-mail, you state that Ortech manufactures plastic ignition cylinder bezels and glove box lock cylinders for a Lockset supplier to a motor vehicle manufacturer. These bezels and cylinders are installed within 13 mm of the occupant compartment air space. You ask whether these items "are considered an integral part of the front trim panel listed in S4.1" of Standard No. 302, thus requiring the testing specified in S4.3. If this testing is required, you ask whether Ortech, as the original equipment manufacturer, is required to perform it.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs 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.

Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartments of 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. S4.2 requires any portion of the components listed in S4.1 that is within 13 mm of the occupant compartment air space to meet the requirements of S4.3.

The Ortech ignition cylinder bezels and glove box lock cylinders are installed in a vehicle's front trim panel. Front trim panels are listed as a component that must be certified as complying with S4.3. Under S4.2, if any portion of a front trim panel is within 13 mm of the occupant compartment air space, that portion must comply with S4.3. Accordingly, since the Ortech ignition cylinder bezels and glove box lock cylinders are located within 13 mm of the occupant compartment air space, they must comply with S4.3.

You also asked who is responsible for performing certifying that these items comply with S4.3. 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.

I hope you find this information helpful. If you have any further questions, please feel free to contact Dion Casey of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:302
d.4/15/02