ID: nht94-7.8

DATE: April 1, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: William D. McIntosh -- Quality Assurance Manager, Perstorp Components (Ontario, Canada)

TITLE: None

ATTACHMT: Attached to letter dated 6/9/93 from William D. McIntosh to Chief Council, NHTSA (via John Messera)

TEXT:

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

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

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

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

adhere to each other. Accordingly, assuming your product is subject to Standard No. 302, the agency would test your product as a composite material, in accordance with S4.2.2.

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

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

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

ID: nht94-2.10

TYPE: Interpretation-NHTSA

DATE: April 1, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: William D. McIntosh -- Quality Assurance Manager, Perstorp Components (Ontario, Canada)

TITLE: None

ATTACHMT: Attached to letter dated 6/9/93 from William D. McIntosh to Chief Council, NHTSA (via John Messera)

TEXT:

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

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

Under the Safety Act's authority, NHTSA has issued Standard No. 302 which specifies burn resistance requirements for materials used in the occupant compartment of new motor vehicles. Section S4.1 lists the components in vehicle occupant compartments tha t 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, tha t are designed to absorb energy on contact by occupants in the event of a crash. Among the listed items that might be applicable to your acoustical abatement product are floor coverings and engine compartment covers. That is, the standard would apply to your product if the acoustical abatement material is a part of one of the covered items and is within 1/2" of the occupant compartment.

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

adhere to each other. Accordingly, assuming your product is subject to Standard No. 302, the agency would test your product as a composite material, in accordance with S4.2.2.

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

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

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

ID: nht76-3.14

DATE: 04/14/76

FROM: AUTHOR UNAVAILABLE; Robert L. Carter; NHTSA

TO: National Automobile Theft Bureau

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of January 8, 1976, concerning "track sheets" and "autotels."

Section S4 of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, lists those components of a motor vehicle that must comply with burn resistance requirements. I have enclosed a copy for your information. An "autotel" under the back seat, between the frame and the body, or pasted to the top of the gas tank does not fall within the ambit of the standard. Consequently, it is our view that this most important and effective deterrent to vehicle theft is not discouraged by any existing motor vehicle safety standard.

The National Highway Traffic Safety Administration has proposed that Standard No. 302 be amended to include all materials exposed to the occupant compartment air space. If this amendment is adopted, an "autotel" under the seat presumably would fall within the purview of the standard. In this case, the "autotel" could not burn at a rate of more than 4 inches per minute. We believe that this would not prove an impediment to the continuation of the "autotel" program as flame-retardant paper is readily available.

If I can be of further assistance in this matter, please do not hesitate to contact me.

SINCERELY,

NATIONAL AUTOMOBILE THEFT BUREAU

January 8, 1976

Dr. James Gregory, Administrator NYTSA Department of Transportation

We are writing this on behalf of our own investigative efforts as well as for law enforcement generally.

Each auto manufacturer in the United States when assembling a car uses what is called a track sheet or autotel. This piece of paper, and in some cases two pieces of paper, contains detailed information on the identification of various parts of the car being assembled and contains the numbers and information necessary to positively identify that vehicle.

Over the years, auto theft investigators, including our own investigators and those in law enforcement, have been able to identify hundreds of stolen cars by use of this material even though the numbers stamped into the frames and affixed to the dashboard have been changed or obliterated by thieves.

This paper is usually secreted in some portion of the vehicle, sometimes put under the back seat, sometimes between the frame and the body, and in one particular make of car is Scotch taped onto the top of the gas tank.

We have been informed that there is a possibility that this practice might be regarded as adding to the flammability of the interior of a car and, to our knowledge, at least one manufacturer has discontinued this invaluable aid to automobile identification because of the possibility that these tracks might be prohibited by regulation.

I would request that you consider the extreme value of the inclusion of auto tel in the vehicles and, also, consider the very minimum possibility of these contributing to any fire hazard in the car.

We would like a clarification of your Agency's position in this matter in order that we may request the manufacturers to continue these tracks.

We would appreciate any consideration you can give our request.

Michael J. Murphy President

cc: HON. WILLIAM T. COLEMAN -- SECY. OF TRANSPORTATION; HON. EDWARD LEVY -- ATTY. GENERAL; JOHN CARSON -- BRANCH CHIEF, CONTROLS & DISPLAYS, NHTSA

ID: nht90-1.82

TYPE: INTERPRETATION-NHTSA

DATE: 03/22/90

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

TO: LOWELL W. SUNDSTROM

TITLE: NONE

ATTACHMT: LETTER DATED 12-9-89 TO OFC. OF CHIEF COUNSEL, NHTSA, FROM LOWELL W. SUNDSTROM ATTACHED; [OCC 4251]

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

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

The Safety Act also gives this agency authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 302. That standard sets forth flammability r esistance requirements applicable to all new motor vehicles. Therefore, any motor vehicle manufacturer that installs your "HOOD LOCKER" as original equipment in its vehicles must certify that the vehicle meets all applicable safety

standards, including Standard No. 302, with the "HOOD LOCKER" installed. However, Standard No. 302 does not apply to aftermarket items of motor vehicle equipmen, as your "HOOD LOCKER" appears to be. Hence, you are not required to certify that this produ ct complies with Standard No. 302 before offering it for sale. Parenthetically, I note that your observation is correct that Standard No. 302 applies only to materials used in the occupant compartment of motor vehicles, and not to materials used in an e ngine compartment that is separated from the occupant compartment.

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

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

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

ENC.

ID: nht95-4.38

TYPE: INTERPRETATION-NHTSA

DATE: September 29, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Joseph J. Smith -- Assistant Chief Maintenance Officer, New York City Transit Authority

TITLE: NONE

ATTACHMT: ATTACHED TO 8/28/95 LETTER FROM JOSEPH J. SMITH TO JOHN WOMACK (OCC 11187)

TEXT: Dear Mr. Smith:

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

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

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

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

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

ID: nht95-7.5

TYPE: INTERPRETATION-NHTSA

DATE: September 29, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Joseph J. Smith -- Assistant Chief Maintenance Officer, New York City Transit Authority

TITLE: NONE

ATTACHMT: ATTACHED TO 8/28/95 LETTER FROM JOSEPH J. SMITH TO JOHN WOMACK (OCC 11187)

TEXT: Dear Mr. Smith:

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

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

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

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

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

ID: nht88-3.11

TYPE: INTERPRETATION-NHTSA

DATE: 08/19/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: THOMAS H. JAHNKE -- OASIS INDUSTRIES, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 12/10/87 TO CHIEF COUNCIL--NHTSA FROM THOMAS H. JAHNKE, OCC-1387

TEXT: Dear Mr. Jahnke:

This responds to your letter concerning the application of our regulations and Federal motor vehicle safety standards to your company's planned manufacture of "hardtops" for convertible passenger cars. I regret the delay in responding to your letter. Y ou asked whether any Federal safety standards apply to convertible hardtops; from telephone conversations between your associate Mr. Scaravilli and Ms. Fujita of my staff, we understand that these hardtops are manufactured for sale as aftermarket items o f equipment and that they are designed to be readily removable by the user of the hardtop. Importantly, we assume that the addition of the hardtop to a new vehicle does not change the vehicle from a convertible to a different vehicle type. (The agency has defined a convertible as "a vehicle whose A-pillar (or windshield peripheral support) is not joined at the top with the B-pillar or other rear roof support rearward of the B-pillar by a fixed rigid structural member." Please note that the following i nformation is premised on our assumption that the addition of your hardtop to a convertible does not provide the fixed, rigid structural member in the described location--i.e., we assume that if your hardtop were installed on a new convertible, the vehic le's classification would not be changed to a non-convertible. Indeed, our response would be different if installation of your hardtops on a new convertible changed the classification of the vehicle.)

The answer to your question is yes, there are Federal requirements that apply to your manufacture and sale of the hardtops.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority under the National Traffic and Motor Vehicle Safety Act (copy enclosed) to establish Federal motor vehicle safety standards for new motor vehic les and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that it s products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of

due care that its products meet all applicable Federal requirements. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. If you or the agency dete rmines that a noncompliance or safety-related defect exists, you are obligated to notify purchasers of your product and remedy the problem without charge. Manufacturers who fail to provide notification of or remedy for a defect or noncompliance may be s ubject to a civil penalty of up to $1,000 per violation. (A general information sheet describing manufacturers' responsibilities under the Safety Act is enclosed.)

The Safety Act defines the term "motor vehicle equipment" as follows: "Motor vehicle equipment" means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or im provement of such system, part, or component or as any accessory or addition to the motor vehicle ..." (@102(4)) This definition includes the product your company wishes to manufacture since the hardtops are components manufactured and sold either as a r eplacement or improvement of the convertible top or as an addition to vehicles that have no hardtops. Since your product is considered an item of motor vehicle equipment, Oasis as the manufacturer of the equipment must ensure that the hardtops comply wi th all applicable Federal motor vehicle safety standards and contain no safety-related defects.

There are two Federal safety standards that have a direct bearing on the manufacture of your company's hardtops. Safety Standard No. 205, Glazing Materials, sets performance requirements for glazing materials for use in new or used motor vehicles. Glaz ing incorporated in any Oasis hardtop must therefore conform to the applicable specifications set forth in Standard No. 205. The standard establishes both performance requirements, including those regulating the light transmittance and abrasion resistan ce of glazing, and labeling requirements applicable to the glazing used in your product.

The second safety standard having a bearing on your product is No. 302, Flammability of Interior Materials, which establishes flammability requirements for new motor vehicles. The standard specifies that certain components, including convertible tops, of a vehicle which must meet the flammability requirements in order for that vehicle to comply with the standard. However, the effect of Standard No. 302 on your product depends on the circumstances surrounding the installation of the hardtop.

The requirements of Standard No. 302 apply to a vehicle only until its first purchase in good faith for purposes other than resale, and not to aftermarket convertible tops added to a vehicle after the vehicle's first purchase. (This discussion treats th e aforementioned glazing issue as a separate matter and hereinafter assumes that any glazing used in the hardtop conforms to applicable requirements of Standard No. 205.) You are permitted to sell aftermarket convertible tops that do not meet the flammab ility requirements, even if the addition of the hardtop to a vehicle caused the vehicle to no longer comply with Standard No. 302.

However, @108(a)(2)(A) of the Vehicle Safety Act specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design

installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a convertible hardtop that does not meet the flammability requirements of 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.

To summarize the above discussion, Oasis hardtops using glazing must meet applicable requirements of Standard No. 205. Standard No. 302's application to the hardtops depends on the circumstances surrounding installation of the product in new and used mo tor vehicles. If the hardtop meets applicable Federal standards except for Standard No. 302, the hardtop cannot be installed in vehicles by any commercial business listed in @108(a)(2)(A) of the Safety Act. However, those convertible hardtops may legall y be installed in vehicles by the owners of the vehicles. Oasis would still have the responsibility under the Vehicle Safety Act to recall and remedy its products which are determined to contain a defect relating to motor vehicle safety, even if the har dtops were installed by vehicle owners themselves. I note also that NHTSA discourages owners from installing any item of equipment that would degrade the safety performance of their vehicles.

I have enclosed copies of Standard No. 205 and No. 302 for your convenience. In addition, I am enclosing a copy of 49 CFR Part 566, Manufacturer Identification, which applies to all manufacturers of motor vehicles and motor vehicle equipment (except tir es) to which a motor vehicle safety standard applies. This rule requires your company to submit its name, address, and a brief description of the items of equipment it manufacturers to this agency within 30 days after it begins manufacture.

I hope this information is helpful. Please contact my office if we can be of further assistance.

ENCLOSURES

Sincerely,

ID: 1926y

Mr. Frank Miller
Gerry Baby Products
12520 Grant Drive
Box 33755
Denver, CO 80233

Dear Mr. Miller:

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

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

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

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

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

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

I hope this information is helpful.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:302 d:8/2/89

ID: 7809

Mark W. Stevens
Chairman
SeatMore
1091 Industrial Rd.
Suite 240
San Carlos, CA 94070

Dear Mr. Stevens:

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 standard 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.

Sincerely,

Paul Jackson Rice Chief Counsel Enclosure ref:VSA#207#208#209#210#302 d:11/13/92

ID: 11120

Ms. Karey Clock
Moriden America, Inc.
915 Western Drive
Indianapolis, IN 46241

Dear Ms. Clock:

This responds to your inquiry about testing procedures in Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials. In particular, you asked whether certain materials, which you list as flat woven, double raschel, tricot, and moquette, should be tested by using support wires. The short answer is that during NHTSA compliance testing, support wires may be used in testing any specimen that "softens or 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 Safety Act 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.

You ask whether certain specific types of materials could be tested using the supplemental wire described in S5.1.3. The agency uses supplemental wires when there is a reasonable expectation

that a test specimen will soften and bend while burning. The agency bases its determination about the likelihood of softening and bending 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 will be used to test the materials you listed.

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 or bend. However, vehicle manufacturers must exercise due 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 due care standard when using support wires in situations other than those described in Standard No. 302 is a matter that can be determined only in the context of an enforcement proceeding.

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,

John Womack Acting Chief Counsel

ref:302 d:9/25/95