ID: nht92-1.33

DATE: December 8, 1992

FROM: Vasant Jinwala -- Consumer Testing Laboratories, Inc.

TO: Marvin Shaw -- Department of Transportation

TITLE: Flammability for Comfort Cushions

ATTACHMT: Attached to letter dated 1/22/93 from John Womack to Vasant Jinwala (A40; Std. 302; VSA 102(4))

TEXT:

We have received a comfort cushion for testing. The sample does not conform to DOT 302 flammability requirements. The manufacturer claims that the DOT 302 standard is only applicable to a car's original equipment and NOT for auto accessories. Your input in this matter is appreciated.

Please see the attached copy of packaging. The packaging clearly indicates the intended CAR use.

(Comfort Cushion brochure omitted.)

ID: nht93-8.21

DATE: November 17, 1993

FROM: David Shapiro -- RV Designer Collection, Woodbridge, Inc.

TO: Chief Counsel -- NHTSA

TITLE: Motor Vehicle Safety Standard No. 302

ATTACHMT: Attached to letter dated 2/10/94 from John Womack to David Shapiro (A42; Std. 302)

TEXT:

We are in the process of preparing a line of decorative products for sale in the recreational vehicle aftermarket.

Products will include drapes and other fabric window coverings, and bedspreads and other fabric bedding.

The products will be designed for use in motorhomes, travel trailers and similar multipurpose passenger vehicles.

All of these products will be sold in the recreational vehicle aftermarket, to consumers who already own recreational vehicles.

We have been told by your department that motor vehicle safety standard 302 does not apply to aftermarket products. We would appreciate receiving a letter from you confirming this.

ID: nht93-1.16

DATE: January 22, 1993

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Vasant Jinwala -- Consumer Testing Laboratories

TITLE: None

ATTACHMT: Attached to letter dated 12/8/92 from Vasant Jinwala to Marvin Shaw (OCC 8099)

TEXT:

This responds to your inquiry about a product known as the "Comfort Cushion" that your organization is testing for compliance with Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, (49 CFR S571.302). According to the product's packaging that accompanied your letter, the Comfort cushion is intended to be placed over seats in motor vehicles as well as in homes and offices. You stated that a Comfort Cushion you tested did not conform to Standard No. 302. You further stated that the product's manufacturer believes that Standard No. 302 only applies to a car's original equipment and does not apply to an aftermarket auto accessory. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, NHTSA is authorized to regulate the manufacture and sale of new motor vehicles and items of motor vehicle equipment. Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:

any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle...

In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act.

Applying these criteria to the Comfort Cushion, it appears that this product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of the product, it appears that a substantial portion of the expected use of the Comfort Cushion will be during motor vehicle operations. In addition, it appears that the product would typically be used by ordinary users of motor vehicles since it is intended to be placed over the vehicle's seats.

While it appears that the Comfort Cushion is an item of motor vehicle equipment, NHTSA has not issued any standards setting forth performance

requirements for such a device. Standard No. 302 would not apply to the device because that standard applies to new motor vehicles and not to aftermarket items of motor vehicle equipment.

However, there are other Federal laws that indirectly affect the manufacture and sale of the Comfort Cushion. The manufacturer of the product is subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the product contains a safety related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.

A commercial business that installs the Comfort Cushion would be subject to provisions of the Safety Act that affect whether the business may install the product on a vehicle. Section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397 (a)(2)(A)) 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. A manufacturer, distributor, dealer, or motor vehicle repair business that installs an aftermarket item of rapidly burning material could vitiate the compliance of the materials that were present in the vehicle at the time of the vehicle's sale to the first consumer. Such an installation could constitute a possible violation of the render inoperative prohibition.

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 the Comfort Cushion 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.

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: 3199yy

Mr. Robert A. Nordmeyer
Nordic Associates
P.O. Box 925
Woodland Hills, CA 91365

Dear Mr. Nordmeyer:

This responds to your September 18, 1991 letter to NHTSA's Rulemaking office concerning your design for an aftermarket sun visor. Your letter has been referred to me for reply.

The National Traffic and Motor Vehicle Safety Act authorizes our agency to issue Federal motor vehicle safety standards that apply to new motor vehicles and items of motor vehicle equipment. The Act also authorizes us to require the recall and remedy of any motor vehicle or item of motor vehicle equipment that contains a safety defect.

There is currently no Federal motor vehicle safety standard that applies to an aftermarket sun visor. The safety standards relating to sun visors (Standard 201, Occupant Protection in Interior Impact, and 302, Flammability of Interior Materials) apply only to new motor vehicles and not to items of aftermarket equipment.

The sun visor in a new vehicle is regulated by Standard 201, which requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mounting must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. If your sun visor were installed by the manufacturer of a new motor vehicle, the visor would have to comply with the visor requirements of Standard 201. I am enclosing a copy of the standard for your review.

Standard 302 requires sun visors in new vehicles to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute. A copy of the standard is enclosed.

Although your sun visor would be sold in the aftermarket, not as an item of original equipment, Standards 201 and 302 can nonetheless affect persons who install the visor. The Safety Act provides that a person who manufactures, distributes, sells or repairs motor vehicles cannot "render inoperative" a regulated device such as a sun visor or its mountings. If a repair shop were to remove a vehicle's sun visor and replace it with your visor, the shop would be in violation of the Act unless your visor complied with the standards. An individual owner may install a visor in his or her own vehicle without regard to the standards.

You should also be aware that our safety defect authority has a bearing on the manufacture and sale of your visor. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. A manufacturer of motor vehicle equipment is subject to the requirements in sections 151-159 of the Act concerning the recall and remedy of products with safety defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that NHTSA or a manufacturer determines that the manufacturer's product contain a safety-related defect, the manufacturer would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Please contact us if you have further questions.

Sincerely,

Paul Jackson Rice Chief Counsel

Enclosures

/ref:201#302 d:ll/l3/9l

ID: nht88-2.22

TYPE: INTERPRETATION-NHTSA

DATE: 05/08/88

FROM: MARTIN M. GINSBURG

TO: ERIKA JONES -- NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 07/27/89 FROM STEPHEN P. WOOD -- NHTSA TO MARTIN M. GINSBURG -- PROLINE DESIGNS; REDBOOK A33; STANDARD 126; STANDARD 302 LETTER DATED 11/24/88 FROM MARTIN M. GINSBURG TO ERIKA Z. JONES -- NHTSA

TEXT: After speaking to Mr. George Shifflett and Mr John Messera concerning Motor Vehicle Safety Standard No. 302, they recommended that I ask you for a legal interpretation indicating that I do not need to comply with this standard.

My product consists of a window covering, also known as a curtain, which is made out of various fabric materials. This product is to be sold as an accessory for pick-up truck covers, also known as a shell or cap. This shell or cap is an after-market product. It is placed directly over the empty bed of the truck. There are no seats in the bed area or in the cover. Also this cover is segregated from the cab area.

I would appreciate a legal interpretation concerning my need to comply with the 302 standard.

Thank you

ID: aiam4451

"Dear Ms. Boniske: This responds to your letter asking for a interpretation of the requirements of Standard No. 302, Flammability of Interior Materials, as they apply to 'materials used in the manufacture of an aftermarket product which will be utilized in the occupant compartment of a vehicle.' In an October 27, 1987 telephone conversation with Ms. Hom of my staff, you mentioned in particular an item of equipment consisting of a pad for cushioning safety belts. Generally speaking, items of motor vehicle equipment are not covered by Standard No. 302. Standard No. 302 is a vehicle standard and as such applies to completed vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The general rule is that aftermarket products may be added to vehicles, even if the addition of those products causes the vehicle to no longer comply with the requirements of Standard No. 302, without violating the requirements of Federal law. 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 (copy enclosed). 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 a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . .' NHTSA would consider the installation of safety belt pads that do not meet the requirements of Standard No. 302 as 'rendering inoperative' an element of design (flammability resistance) installed in accordance with an applicable Federal safety standard. Thus, a manufacturer, distributor, dealer, or motor vehicle repair business that installed a safety belt pad which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating section 108(a)(2)(A) of the Safety Act. We note also that, since safety belts are safety devices installed in accordance with Safety Standards No. 208, Occupant Crash Protection, and No. 209, Seat Belt Assemblies, those commercial businesses would be prohibited from installing the safety belt pad if its installation would impair the effective operation of the belts. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of /108. The prohibitions of /108(a)(2)(A) do not apply to the vehicle owner rendering inoperative some element of design in his or her vehicle. Therefore, aftermarket safety belt pads may be sold to a vehicle owner for installation in his or her vehicle regardless of whether the pad complies with the flammability resistance requirements of Standard No. 302. There are two factors which ought to be considered by the manufacturers of safety belt pads which do not satisfy the flammability resistance requirements of Standard No. 302. First is the possibility of liability under State and common law if those pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, or if those pads burn much more rapidly than pads that comply with Standard No. 302. Second is the possibility of a finding of a safety-related defect in your products. Sections 151-154 of the Safety Act require that, when an item or 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. In any event, we urge you to ensure that your products would not negatively affect the safety provided by the underlying belt assembly. I hope this information is helpful. Please contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosure";

ID: aiam4438

Dear Mr. Meyer: This responds to your November 24, l987 letter askin about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, to the manufacture of automobile seat cushions and seat backs. Specifically, you asked whether it would be permissible if the fabric (i.e., felt) from which the seat cushions and seat backs would be manufactured were made from 'old clothes and rags.' Standard No. 302 neither specifies nor prohibits any particular type of raw material used to manufacture seat backs and seat cushions. The felt must meet the flammability requirements of the standard if it is used for cushions and seat backs for new motor vehicles. Also, felt used to manufacture seat cushions and seat backs for new and used motor vehicles must contain no safety related defects. The National Traffic and Motor Vehicle Safety Act and NHTSA regulations require manufacturers of new motor vehicles to certify that their vehicles comply with all applicable Federal motor vehicle safety standards, including Standard No. 302. Standard No. 302 specifies burn resistance requirements for materials used to manufacture seat cushions and seat backs on new passenger cars, multipurpose passenger vehicles, trucks and buses. Thus, any person manufacturing a new vehicle with seat backs and seat cushions made from the felt material you described must ensure that the seat backs and cushions possess the burn resistance characteristics required by Standard No. 302. If the felt can meet those requirements, it may be used in new motor vehicles in satisfaction of Standard No. 302, regardless of the felt's raw materials. The felt manufacturer should also be aware that the Vehicle Safety Act requires all vehicle and equipment manufacturers to ensure that their products contain no defects relating to motor vehicle safety. If it were determined by the manufacturer or this agency that the seat cushions and seat backs had a safety related defect, all purchasers of the vehicle containing the defective equipment would have to be notified and the defective item repaired or replaced without charge. If the felt material is used to manufacture items of motor vehicle equipment that are sold to vehicle owners for use in used vehicles (i.e., vehicles previously purchased in good faith for purposes other than resale), the felt need not meet Standard No. 302. In general, it would not violate Standard No. 302 to add aftermarket seat cushions to used vehicles, even if the addition of the seat cushions caused the vehicles to no longer comply with the standard. This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the Safety Act. 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 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, any person in the aforementioned categories that installed a seat cushion which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating a section 108(a)(2)(A). Section 109 of the Act specifies a civil penalty of up to $l,000 for each violation of section 108. Again, the manufacturer of the aftermarket seat cushions would be obligated to recall and remedy cushions that are determined to contain a safety related defect, even if the cushions were installed by the vehicle owners themselves. You asked about other Federal laws that might have a bearing on the manufacture of the felt material. You might wish to contact the Occupational Safety and Health Administration at (202) 523-8148 and the Environmental Protection Agency at (202) 475-8040 for information about the applicability of any of their statutes and regulations. Sincerely, Erika Z. Jones Chief Counsel;

ID: 9465

Mr. Michael S. Marczynski
Sales Representative
Anita's Auto World
529 S. Charles Street
Lansing, MI 48912

Dear Mr. Marczynski:

This responds to your letter in which you asked whether it would be legal for you to install after-market roll pans and convertible tops on light duty pick-up trucks. I apologize for the delay in our response.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (the Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. The Safety Act 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.

After a vehicle's first purchase for purposes other than resale, i.e., the first retail sale of the vehicle, the presence and condition of devices or elements of design installed in the vehicle under applicable safety standards is affected by a section 108(a)(2)(A) of the Safety Act which provides:

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.

In general, this provision prohibits any manufacturer, dealer, distributor, or repair shop from removing, disabling, or otherwise "rendering inoperative" any of the safety systems or devices installed on the vehicle to comply with a safety standard. However, modifications that change a vehicle from one vehicle type to another (e.g., from a hard-top to a convertible) do not violate the "render inoperative"

prohibition as long as the converted vehicle complies with the safety standards that would have applied if the vehicle had been originally manufactured as the new type.

NHTSA has exercised its authority to establish four safety standards which have different requirements for convertible trucks: Standard No. 205, Glazing Materials, Standard No. 208, Occupant Crash Protection, Standard No. 216, Roof Crush Resistance, and Standard No. 302, Flammability of Interior Materials. An explanation of these differences follows.

Standard No. 205

Standard No. 205 specifies requirements for glazing materials used in motor vehicles. Material used in a convertible top may be subject to this standard.

Standard No. 208

Standard No. 208 sets forth requirements for occupant protection at the various seating positions in vehicles. These requirements differ depending on gross vehicle weight rating (GVWR) and year of manufacture. The requirements for hard-top and convertible vehicles manufactured in the same year may also differ.

Standard No. 216

Multipurpose passenger vehicles, trucks and buses with a GVWR of 6,000 pounds or less, manufactured on or after September 1, 1994, are required to comply with Standard No. 216. However, Standard No. 216 does not apply to convertibles.

Standard No. 302

Standard No. 302 specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Material used in a convertible top may be subject to this standard.

In summary, you are responsible for ensuring that, in the process of installing a roll pan or convertible top, you do not remove, disable, or otherwise "render inoperative" any of the safety systems or devices installed on the vehicle to comply with a safety standard. However, to the extent that a different standard is applicable to convertibles, modifications which result in the vehicle complying with the standard that applied to convertibles are permitted.

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,

John Womack Acting Chief Counsel

ref:VSA#108#205#208#216#302 d:6/3/94

ID: aiam2371

Dear Mr. Rosenberry: This is in reply to your letter of July 14, 1976, to George Shifflet of the Office of Standards Enforcement, on behalf of a client who intends to install a different type of seat, carpeting, and headliner in a pick-up truck, which would then be sold to the general public. You asked whether a fabric supplier must test each fabric lot for flammability before certification to Motor Vehicle Safety Standard No. 302 can be given, and whether your client 'may rely on the warranty of a fabric manufacturer that the fabric sold meets the requirements ' of Standard No. 302.; You are correct in your understanding that the provisions of th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq*) apply to your client. His basic responsibility is to ensure that the vehicles he modifies are in compliance with the Federal standards when delivered to dealers for sale to the public. (15 U.S.C. 1397(a)(1)(A)) A temporary noncompliance during modifications is permissible if the vehicle is not used on the public roads while noncompliant (15 U.S.C. 1397(a)(2)(A)). Standards which would appear to be affected by your client's modifications include: Standard No. 207 *Seating Systems*, No. 208 *Occupant Crash Protection*, No. 210 *Seat Belt Assembly Anchorages* and No. 302 *Flammability of Interior Materials*.; As a person who alters a certified vehicle other than by the additio of readily detachable (sic) components, your client is also required to attach his own certification of compliance to each modified truck (49 CFR 567.7). Should a noncompliance be discovered as a result of an alterer's modification, the alterer would be liable for a civil penalty unless he could establish that he did not have actual knowledge of the noncompliance, and that he did not have reason to know in the exercise of due care that the vehicle did not comply (15 U.S.C. 1397(b)(2)).; With respect to Standard No. 302, there is no requirement that a fabri supplier 'test each fabric lot for flammability before certification.' In point of fact, 49 CFR 571.302 Motor Vehicle Safety Standard No. 302 does not apply to suppliers but only to vehicle manufacturers (or alterers) and it is they who are required to certify compliance with Standard No. 302. Generally, at a minimum, a vehicle manufacturer will require by contract with the supplier that the fabric meets Standard No. 302. In the exercise of 'due care' the manufacturer may wish to examine the basis for the supplier's assurance of compliance, and to require periodic testing of the fabric being supplied him. Since there is no requirement that each fabric lot be tested, such testing as is conducted should be sufficient to demonstrate in the event of a noncompliance that the vehicle manufacturer has exercised due care. As to whether your client may rely on the 'warranty' of his supplier, it has been our experience that simple reliance is insufficient to establish a 'due care' defense. That manufacturer should examine the supplier's test results to insure that the margin of compliance of the test fabric is great enough that production variables do not result in noncompliance. Some manufacturers even conduct their own test independent of the supplier.; Your client would also be responsible for conducting a notification an remedy campaign (15 U.S.C. 1411 *et seq*) if a noncompliance or safety-related defect occurs in the truck as a result of the alterations.; I enclose copies of the Act, 49 CFR Part 567, and Standards Nos. 207 208, 210, and 302 for your information.; Yours truly, Frank Berndt, Acting Chief Counsel

ID: aiam2369

Dear Mr. Rosenberry: This is in reply to your letter of July 14, 1976, to George Shifflet of the Office of Standards Enforcement, on behalf of a client who intends to install a different type of seat, carpeting, and headliner in a pick-up truck, which would then be sold to the general public. You asked whether a fabric supplier must test each fabric lot for flammability before certification to Motor Vehicle Safety Standard No. 302 can be given, and whether your client 'may rely on the warranty of a fabric manufacturer that the fabric sold meets the requirements' of Standard No. 302.; You are correct in your understanding that the provisions of th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et* *seq*) apply to your client. His basic responsibility is to ensure that the vehicles he modifies are in compliance with the Federal standards when delivered to dealers for sale to the public. (15 U.S.C. 1397(a)(1)(A)) A temporary noncompliance during modifications is permissible if the vehicle is not used on the public roads while noncompliant (15 U.S.C. 1397 (a)(2)(A)). Standards which would appear to be affected by your client's modifications include: Standard No. 207 *Seating Systems*, No. 208 *Occupant Crash Protection*, No. 210 *Seat Belt Assembly Anchorages* and No. 302 *Flammability of Interior Materials*.; As a person who alters a certified vehicle other than by the additio of readily detachable components, your client is also required to attach his own certification of compliance to each modified truck (49 CFR 567.7). Should a noncompliance be discovered as a result of an alterer's modification, the alterer would be liable for a civil penalty unless he could establish that he did not have actual knowledge of the noncompliance, and that he did not have reason to know in the exercise of due care that the vehicle did not comply (15 U.S.C. 1397(b)(2)).; With respect to Standard No. 302, there is no requirement that a fabri supplies 'test each fabric lot for flammability before certification.' In point of fact, 49 CFR 571.302 Motor Vehicle Safety Standard No. 302 does not apply to suppliers but only to vehicle manufacturers (or alterers) and it is they who are required to certify compliance with Standard No. 302. Generally, at a minimum, a vehicle manufacturer will require by contract with the supplier that the fabric meets Standard No. 302. In the exercise of 'due care' the manufacturer may wish to examine the basis for the supplier's assurance of compliance, and to require periodic testing of the fabric being supplied him. Since there is no requirement that each fabric lot be tested, such testing as is conducted should be sufficient to demonstrate in the event of a noncompliance that the vehicle manufacturer has exercised due care. As to whether your client may rely on the 'warranty' of his supplier, it has been our experience that simple reliance is insufficient to establish a 'due care' defense. That manufacturer should examine the supplier's test results to insure that the margin of compliance of the test fabric is great enough that production variables do not result in noncompliance. Some manufacturers even conduct their own tests independent of the supplier.; Your client would also be responsible for conducting a notification an remedy campaign (15 U.S.C. 1411 *et* *seq*) if a noncompliance of safety-related defect occurs in the truck as a result of the alterations.; I enclose copies of the Act, 49 CFR Part 567, and Standards Nos. 207 208, 210, and 302 for your information.; Yours truly, Frank Berndt, Acting Chief Counsel