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Interpretation ID: Classic_SoftTrim_cmc

    Dwight Forrister, President & CEO
    Classic Soft Trim, Inc.
    1212 East Anderson Lane
    Austin, TX 78752


    Dear Mr. Forrister:

    This responds to your inquiry as to whether your company, which re-upholsters vehicle seats, is an alterer for the purposes of Federal motor vehicle regulations. Your letter also inquired as to the certification responsibilities of an alterer. As explained below, by removing vehicle seats from a certified vehicle prior to the first retail sale of a vehicle for the purpose of re-upholstering, your company is an alterer and is subject to the applicable certification responsibilities.

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by 49 U.S.C. 30101 et seq. to issue Federal motor vehicle safety standards (FMVSS) for new motor vehicles and new items of motor vehicle equipment. Under 49 CFR Parts 567 and 568, each manufacturer is responsible for "self-certifying" that its vehicles meet all applicable safety standards and labeling its products to reflect such certification.

    Your letter stated that your company, Classic Soft Trim Inc., re-upholsters vehicle seats with a leather-trimmed interior. Your letter explained that your company removes seats originally installed in a certified vehicle, replaces the seats upholstery, and then places the seats back into the vehicle. Your letter further stated that this work is typically done for a motor vehicle dealer. Based on this process, you asked four questions regarding the responsibilities of your company under the Federal regulations. Each question is addressed below.

    1) "Since a comprehensive list is not provided, would the replacement of seat upholstery be considered a readily attachable component?"

    49 CFR 567.7 and 568.8 establish certification requirements for alterers. They are not applicable to a person who removes, substitutes, or adds readily attachable components such as "mirrors or tire and rim assemblies." However, the agency has stated in the past that the list of readily attachable components contained in these sections is not comprehensive. The agency has noted that whether a modification involves "readily attachable components" depends on the degree of difficulty in attaching a component. The agency will look to the intricacy of installation and the need for special expertise to perform the alteration. Absent extraordinary ease of installation, the agency would not consider an alteration to involve a readily attachable component. (See Letter to Mr. Terry Rowe; March 7, 1991; copy enclosed.)

    The re-upholstering process described in your letter involves the removal and re-installation of a vehicle seat, which cannot be accomplished with "extraordinary ease." Therefore, the leather upholstery you install would not be considered a "readily attachable component." Further, we previously determined in an August 29, 1999, letter to Mr. Brian Goodman that a company re-upholstering vehicle seats was an alterer for purposes of 568.8 (copy enclosed).

    2) "Would the replacement of upholstery invalidate any vehicles stated weight rating?"

    As required under 568.8, if the gross vehicle weight rating (GVWR) of a vehicle as altered is different from that shown on the original certification label, the alterer must provide the modified value. However, it is the alterers responsibility to determine if any alteration would affect a vehicles weight rating. Although we do not see any reason why a mere re-upholstering would affect the GVWR, the agency is unable to make that determination.

    3) "If a company adds or replaces components to a certified vehicle that are readily attachable and does not change the vehicle weight rating, would they be considered an Alterer?"

    Section 567.6 states, in part, that a person who alters a vehicle:

    [O]nly by the addition, substitution, or removal of readily attachable components such as mirrors or tires and rim assemblies, or minor finishing operations such as painting, in such a manner that the vehicles stated weight ratings are still valid, need not affix a label to the vehicle, but shall allow a manufacturer's label that conforms to the requirements of this part to remain affixed to the vehicle.

    Accordingly, a person performing these types of alterations would not be considered an alterer for the purposes of Part 567 and Part 568.

    4) "If replacement upholstery is not a readily attachable component yet does not change a vehicles weight rating, how should the requirements of [] 567.7 and 568.8 be applied?"

    As explained above, 567.7 and 568.8 apply to a person who alters a vehicle that has previously been certified, other than by the addition, substitution, or removal of readily attachable components, or who alters a vehicle in such a manner that its stated weight ratings are no longer valid, before the first retail sale. Therefore, the replacement of upholstery as described in your letter would subject your company to the certification and certification label requirements in 567.7 and 568.8.

    As an alterer, your company would be responsible for determining which FMVSS are impacted by the alteration and then certifying that a vehicle as altered conforms to all applicable FMVSS affected by the alteration. As recognized in your letter, removal of a vehicle seat during the upholstering process may affect advanced air bag technologies installed in a vehicle seat for purposes of compliance with FMVSS No. 208, Occupant crash protection. Your company would be required to determine if your actions would affect that vehicles compliance with FMVSS No. 208 as well as all other applicable standards.

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

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosures
    ref..208#567#568
    8/27/04