ID: nht89-2.69

TYPE: INTERPRETATION-NHTSA

DATE: 08/11/89

FROM: PATRICK J. HIGGINS -- ANDREINI AND COMPANY OF SOUTHERN CALIFORNIA

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

TITLE: NONE

ATTACHMT: LETTER DATED FEB. 14, 1990 FROM STEPHEN P. WOOD, NHTSA TO PATRICK J. HIGGINS, ANDREINI AND COMPANY; A35; STD 302

TEXT: I am writing you on behalf of my insured, Skill-Craft Enterprises.

Skill-Craft is in the process of the design and manufacture of a fiberglass seat that would be installed in the bed of a pickup truck. The seat would be molded and seat belts would be provided for in the design.

Mr. Wood, my question to you is - what standards should my client comply with in order to make this the safest possible product of this type? In my research of this problem I have found that Standards 207, 209, 210 and possibly 302 would apply. Could y ou please advise us on any other standards we should be in compliance with.

ID: 11681MLS

Mr. Christian M. Smith, CEO
Ultimate Systems Inc.
131 Russell Street
Malden, MA 02148

Dear Mr. Smith:

This responds to your questions about whether Federal regulations apply to your product, which you describe as a modular cabinet installed in the cab of heavy trucks. According to your letter and discussions with Ms. Patricia Breslin of this agency, this product is kept in place by pressure systems and safety straps rated at 8000 pounds of force. You further stated that your product would not impede any safety devices or emergency exits, provided that it was installed properly. The following represents our opinion based on the facts provided in your letter.

By way of background information, this agency, the National Highway Traffic Safety Administration (NHTSA), regulates the manufacture of motor vehicles and motor vehicle equipment. Under our governing statute, the manufacturer must certify that its vehicle or equipment complies with all applicable Federal motor vehicle safety standards (FMVSS).

NHTSA does not have any specific Federal motor vehicle safety standard or other regulations directly covering modular compartments in truck tractors. However, if your product were manufactured for a new vehicle, the vehicle would have to be certified as complying with all applicable safety standards, including the rearward visibility requirements in Standard No. 111, Rearview Mirrors and the flammability resistance requirements in Standard No. 302, Flammability of Interior Materials. Please note that these two Standards apply only to new vehicles, and not to items of aftermarket motor vehicle equipment. Thus, they do not apply to your product, if it were sold in the aftermarket.

There are other Federal requirements that indirectly affect the manufacture and sale of your product. 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 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 a statutory provision, which states: "A manufacturer, distributor, dealer, or motor vehicle repair business

may not knowingly make 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 modular component could conceivably make inoperative the rearward visibility requirements set forth in Standard No. 111, or the flammability resistance requirements set forth in Standard No. 302. Any person in the aforementioned categories that installed your product would have to make sure they did not compromise the rearward visibility or flammability resistance provided by the motor vehicle.

The "make inoperative" provision 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 Federal motor vehicle safety standards. 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. You may wish to contact the Federal Highway Administration=s Office of Chief Counsel at (202) 366-0834 about whether any Federal Motor Carrier Safety Regulation apply to your product.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosure ref:111# 302 d:4/26/96

ID: aiam0827

Dear Mr. Haugan: This is in reply to your letter of June 28, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You raise several questions in your letter which are restated below.>>>1. 'To which of the following does the law apply as of September 1, 1972:; a. New vehicles produced after that date. Standard No. 302 applies to all passenger cars, multipurpose vehicles trucks and buses manufactured on or after September 1, 1972.; b. 'New vehicles produced before that date, but *sold* to the publi after that date.'; Standard No. 302 applies only to vehicles manufactured on or afte September 1, 1972, and does not apply to vehicles manufactured before September 1, 1972, but sold to the public after that date.; c. 'Materials for interior repairs (replace headliner, etc.) made afte that date on vehicles produced *before* that date.'; d. 'Materials for interior repairs made after that date on vehicle produced after that date.'; e. 'Products designed for use in vehicles which are not origina equipment and usually not sold by auto dealers, but sold by after-market merchandisers - such items as infant seats, infant car beds, station wagon mattresses, elevating cushions, seat covers, pillows, speaker grills, curtains, gadget holders, litter bags, etc? If 'yes' to some or all of these, is it for those items *produced* by the original manufacturer or *shipped* to distributors or *sold* to the public after the Sept. 1 date?; Standard No. 302 does not apply to replacement parts or aftermarke materials irrespective of the date of their manufacture, shipment to distributors, or sale to the public.; 2. Standard No. 302 applies to passenger cars, multipurpose passenge vehicles, trucks, and buses manufactured on or after September 1, 1972. Among the vehicles you have listed, only the following are included under one of the classes to which the Standard is applicable: Jeeps, dune buggies (where constructed on a new chassis), motor coaches, motor homes, chassis mounted coaches, fire trucks, ambulances, and hearses.; 3. You ask whether testing the removable covering for seat cushions i motor coaches must include the zipper and the welting, and whether the fabric on 'non-visible surfaces' must be tested together with the fabric on the visible surfaces or not at all.; The zipper and the welting are considered part of the seat cover an would be included in the testing of the cover. The surface of the seat covering, irrespective of its visibility, must meet the requirements of the Standard. In your case, since the fabric on the visible surfaces differ from that on the non-visible surfaces, each of these fabrics must meet the requirements of the Standard.; 4. You ask whether the plastic foam used for cushioning in the mattres of a station wagon or multipurpose vehicle is subject to the Standard.; S4.2 of the Standard lists mattress covers only, and does not apply t the filling of the mattress.; 5. You ask whether the 'boot' on a pick-up camper is subject to th Standard.; We would not consider the boot as you describe it to be part of th truck, and it would not therefore be subject to the Standard.<<<; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: nht87-2.27

TYPE: INTERPRETATION-NHTSA

DATE: 06/29/87

FROM: JONATHAN JACKSON -- COMMERCIAL TESTING CO

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 A32, STANDARD 302; LETTER DATED 06/22/87 FROM ROSE M TALISMAN TO DOUG COLE; LETTER DATED 06/08/87 FROM ROSE TALISMAN TO DOUG COLE; LETTER DATED 06/23/87 FROM DOUG COLE T O STEVE KRANTZICE

TEXT: Dear Sir:

When we receive a request for the MVSS 302 test, we use the methodology printed in the Federal Register, Vol. 36, No. 5 - January 8, 1971. It is entitled Motor Vehicle Safety Standard No. 302. The test apparatus is a commercially available Horizonta l Burning Cabinet which we purchased from Custom Scientific Instruments. The burner is fueled with natural gas.

Recently, we did a test for you on a fabric. You questioned the use or non-use of wire supports on this type sample. Paragraph S5.1.3 of the Standard states that a "...specimen that softens and bends at the flaming end so as to cause erratic burning ..." may be supported with wires. The fabric that we tested for you does not fall into that category. It is supported by the tension of the U-frame and does not distort when it burns. The use of wire supports on this type material may give mis-leading results as the wires act as a heat sink.

Our further interpretation of the Standard (paragraph S5.3 (a)), is that a material which is intended for use in a size less than can be supported by the U-frame, the use of wire supports is acceptable. Further reference is made of paragraph S5.2.1 w hich states that the "...maximum available length or width of a specimen is used where either dimension is less than 14 inches or 4 inches respectively."

Our interpretation of the Standard as noted above does not allow use of wire supports on this type material unless the fabric were intended for use in maximum widths of 4 inches.

If you have any questions, please call me.

ENCLOSURE

Sincerely,

FEDERAL REGISTER VOL 36 NO 5, JANUARY 8, 1971 [OMITTED]

MOTOR VEHICLE SAFETY STANDARD NO. 302 FLAMMABILITY OF INTERIOR MATERIALS

PASSENGER CARS, MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, AND BUSES

TEST METHOD

MATERIAL DEVELOPMENT & TESTING LABORATORY

FISHER BODY DIVISION

GENERAL MOTORS CORPORATION

FLAMMABILITY OF INTERIOR TRIM MATERIALS

I. GENERAL DESCRIPTION

THIS PROCEDURE IS USED TO DETERMINE THE BURNING RATES OF MATERIALS USED IN THE OCCUPANT COMPARTMENTS OF AUTOMOBILES.

II. EQUIPMENT AND/OR MATERIAL REQUIRED

A. THE TEST IS CONDUCTED IN A METAL CABINET TO PROTECT THE TEST SPECIMENS FROM DRAFTS. THE INTERIOR OF THE METAL CABINET IS 381 MM LONG, 203 MM DEEP AND 355 MM HIGH. IT HAS A GLASS OBSERVATION WINDOW IN THE FRONT AND A CLOSABLE OPENING TO PERMIT IN SERTION OF THE ALUMINUM[Illegible Word] SPECIMEN HOLDER. FOR VENTILATION, IT HAS A 13 MM CLEARANCE SPACE AROUND THE TOP OF THE CABINET, TEN 19 MM DIAMETER HOLES IN THE BASE OF THE CABINET AND LEGS TO ELEVATE THE BOTTOM OF THE CABINET BY 10 MM.

1. THE TEST SPECIMEN IS INSERTED BETWEEN TWO MATCHING U-SHAPED FRAMES OF ALUMINUM STOCK 25 MM WIDE AND 10 MM HIGH. THE INTERIOR DIMENSION OF THE U-SHAPED FRAMES ARE 51 MM WIDE BY 330 MM LONG. ALL SPECIMENS ARE KEPT HORIZONTAL WITH HEAT RESISTANT .2 5 MM CHROMEL WIRE SPANNING THE WIDTH OF THE U-SHAPED FRAME UNDER THE SPECIMEN AT 25 MM INTERVALS.

2. AN ALUMINUM STAND IS USED TO SUPPORT THE U-SHAPED FRAME WHICH LOCATES THE TEST SPECIMEN IN THE CENTER OF THE CABINET.

3. A BUNSEN BURNER WITH A TUBE OF 10 MM INSIDE DIAMETER IS USED. THE GAS ADJUSTING VALVE IS SET TO PROVIDE A FLAME WITH THE TUBE VERTICAL OF 38 MM IN HEIGHT. THE AIR INLET TO THE BURNER IS CLOSED.

NOTE: SEE FISHER DRAWING NO. EQ 199 FOR DETAILS REGARDING ALL ABOVE EQUIPMENT.

B. A CONTROLLED TEMPERATURE AND HUMIDITY CHAMBER OR EQUIVALENT.

C. CLICKER DIE 100 MM X 355 MM FOR CUTTING TEST SPECIMENS.

FLAMABILITY TEST VARIABLES THAT AFFECT THE BURN RATE WHEN PERFORMING FISHER BODY TM 32-12

1. ALWAYS CLEAN THE U-SHAPED FRAMES BEFORE STARTING EACH BURN TEST (RESIDUE OILS, CARBON, ETC., FORM ON THE U-SHAPED FRAME AFTER EACH TEST)

2. MAKE SURE THE .25 MM CHROMEL WIRES ARE PERFECTLY STRAIGHT (HORIZONTAL). SAGGING WIRES WOULD ALLOW CERTAIN TEST SPECIMENS TO SAG.

3. MAKE SURE THE DOOR ALWAYS FITS FLUSH TO THE TEST CABINET. (FROM TIME TO TIME, HEAT CAUSES THE DOOR NOT TO FIT SMUGLY CAUSING OR ALLOWING A DRAFT).

4. ALWAYS EXCHANGE THE AIR INSIDE THE TEST CABINET WITH FRESH AIR. (AFTER EACH TEST SMOKE WILL STAY INSIDE THE CABINET UNLESS BLOWN OUT). FISHER BODY USES AN AIR JET TO EXCHANGE AIR.

5. KEEP THE FLAMMABILITY TEST CABINET AS NEAR ROOM TEMPERATURE AS POSSIBLE BEFORE STARTING EACH TEST. (SPARE CABINET LIDS, SPARE U-SHAPED FRAMES COMPRESSED AIR ARE USEFUL OPTIONAL ITEMS).

6. LEAD FLAME (FLAME THAT FLASHES FORWARD OF THE MAIN BURNING AREA) USUALLY OCCURS ON VINYL COATED FABRICS AND MUST BE OBSERVED VERY CAREFULLY BY THE OPERATOR.

7. CORRELATION DIFFICULTY - IF PERFORMING DUPLICATE TESTS, ALWAYS CUT SPECIMENS IN THE SAME AREA CONSIDERING THICKNESS, WIDTH, RIBS IF PLASTIC PARTS, ETC.

8. FLAT BLACK INTERIOR CABINET FINISH - A SHINY INTERIOR TENDS TO RADIATE (REFLECT) HEAT INSIDE THE CABINET; ALSO, CAUSES A CLEANING PROBLEM AFTER EACH TEST.

9. VENTILATION HOLES - KEEP OPEN. BURNING MATERIALS AND BLOWN MATERIALS WILL COVER THESE HOLES AND WILL PREVENT AIR CIRCULATION WITHIN THE CABINET.

10. SPECIMEN IDENTIFICATION - BE CAREFUL WHEN MARKING SPECIMENS FOR IDENTIFICATION SINCE ENAMELS, INKS, ETC, COULD AFFECT YOUR TEST RESULTS.

THE SPECIMEN IS PRODUCED BY CUTTING THE MATERIAL IN THE DIRECTION THAT PROVIDED THE MOST ADVERSE TEST RESULTS. THE SPECIMEN IS ORIENTED SO THAT THE SURFACE CLOSEST TO THE OCCUPANT COMPARTMENT AIR SPACE FACES DOWNWARD ON THE FRAME.

MATERIAL WITH A NAPPED OR TUFTED SURFACE IS PLACED ON A FLAT SURFACE AND COMBED TWICE AGAINST THE NAP WITH A COMB HAVING SEVEN TO EIGHT SMOOTH ROUNDED TEETH PER 25 MM.

PRIOR TO TESTING, EACH SPECIMEN IS CONDITIONED FOR 24 HOURS AT A TEMPERATURE OF 21 DEGREES C + 1.5 DEGREES C AND A RELATIVE HUMIDITY OF -0.0

50% + 0.0. TO FACILITATE HANDLING, SEVERAL PIECES MAY BE TAKEN - 5%

FROM THE HUMIDITY CHAMBER AND PLACED IN A POLYETHYLENE BAG TO RETAIN MOISTURE UNTIL THEY ARE TO BE BURNED.

V. TEST PROCEDURE

A. MOUNT THE SPECIMEN SO THAT BOTH SIDES AND ONE END ARE HELD BY THE U-SHAPED FRAME AND ONE END IS EVEN WITH THE OPEN END OF THE FRAME. WHERE THE MAXIMUM AVAILABLE WIDTH OF A SPECIMEN CANNOT BE HELD IN THE U-SHAPED FRAME, PLACE THE SPECIMEN IN POSIT ION ON WIRE SUPPORTS AS DESCRIBED IN 11A.1., WITH ONE END HELD BY THE CLOSED END OF THE U-SHAPED FRAME. SPECIMENS SHORTER THAN 355 MM MAY BE POSITIONED ON THE WIRE SUPPORTS AND ALIGNED WITH THE OPEN END OF THE FRAME FOR IGNITION PURPOSES.

B. PLACE THE MOUNTED SPECIMEN IN A HORIZONTAL POSITION IN THE CENTER OF THE CABINET.

C. WITH THE FLAME ADJUSTED ACCORDING TO II A.3, POSITION THE BUNSEN BURNER AND SPECIMEN SO THAT THE CENTER OF THE BURNER TIP IS 19 MM BELOW THE CENTER OF THE BOTTOM EDGE OF THE OPEN END OF THE SPECIMEN.

D. EXPOSE THE SPECIMEN TO THE FLAME FOR 15 SECONDS.

E. BEGIN TIMING (WITHOUT REFERENCE TO THE PERIOD OF APPLICATION OF THE BURNER FLAME) WHEN THE FLAME FROM THE BURNING SPECIMEN REACHES A POINT 38 MM FROM THE OPEN END OF THE SPECIMEN.

F. MEASURE THE TIME THAT IT TAKES THE FLAME TO PROGRESS TO A POINT 38 MM FROM THE CLAMPED END OF THE SPECIMEN. IF THE FLAME DOES NOT REACH THE SPECIFIED END POINT, TIME ITS PROGRESS TO THE POINT WHERE FLAMING STOPS.

ID: aiam3966

Dear Ms. Maggs: Thank you for your March 25, 1985, letter asking about Federal moto vehicle safety regulations that might affect an aftermarket product you wish to manufacture. You described your product as a pad to cushion safety belts. The pad, which is removable, is made of 1/4 inch foam and is attached with velcro to the safety belt. I regret the delay in our response.; You first asked for confirmation of information received in a phon conversation with Paul Bauer of this office. As Mr. Bauer explained, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (Safety Act) may affect the sale of your product. As you requested, I have enclosed a copy of the Act for your reference. That section provides that manufacturers, distributors, dealers, and motor vehicle repair businesses may not render inoperative any safety device installed in accordance with any Federal safety standard. Since safety belts are safety devices installed in accordance with Safety Standards No. 208 and 209, those types of businesses may not install any other products which would impair the effective operation of the belts. Individual consumers may purchase and install additional products in their vehicles or otherwise modify existing equipment, without risk of violating the 'render inoperative' provision.; I should emphasize that we are unable to offer any opinion on whethe your product would impair the effectiveness of safety belts. We do recommend that manufacturers carefully consider that possibility before placing their products on the market.; You also asked whether any Federal regulations relating to materia content and flammability affect your product. Although no Federal Motor Vehicle Safety Standards directly govern material content, Standard No. 302 does provide flammability requirements for components of new vehicle occupant compartments, including safety belts. Thus, your product would need to meet the flammability standard if it was installed as original equipment in new vehicles.; Standard No. 302 would not apply directly to your product if it is sol only as aftermarket equipment. However, section 108(a)(2)(A) of the Safety Act, discussed above, could affect your product as it relates to the flammability 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. Again, this provision prohibits only manufacturers, dealers, distributors, and repair businesses from installing such products, it does not prohibit consumers from purchasing and installing those products on their own.; Again, we are not offering any opinion as to whether your product woul meet those flammability standards, but we recommend that you consider that aspect.; The agency believes that all Federal motor vehicle safety standards ar important and that all manufacturers should strive to meet those standards, whether required by law or not. Additionally, if noncomplying pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, a manufacturer might face possible product liability consequences under state law. Likewise, a manufacturer might face product liability consequences if its product impaired the effectiveness of the safety belts. You may wish to consult a local attorney in this regard to discuss your product.; I am enclosing copies of Safety Standards Nos. 208, 209 and 302. W appreciate your interest in devices which may encourage safety belt usage, and I hope this letter has addressed your concerns. If you have any further questions, please feel free to contact me.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: aiam3976

Dear Ms. Maggs: Thank you for your March 25, 1985, letter asking about Federal moto vehicle safety regulations that might affect an aftermarket product you wish to manufacture. You described your product as a pad to cushion safety belts. The pad, which is removable, is made of 1/4 inch foam and is attached with velcro to the safety belt. I regret the delay in our response.; You first asked for confirmation of information received in a phon conversation with Paul Bauer of this office. As Mr. Bauer explained, section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act (Safety Act) may affect the sale of your product. As you requested, I have enclosed a copy of the Act for your reference. That section provides that manufacturers, distributors, dealers, and motor vehicle repair businesses may not render inoperative any safety device installed in accordance with any Federal safety standard. Since safety belts are safety devices installed in accordance with Safety Standards No. 208 and 209, those types of businesses may not install any other products which would impair the effective operation of the belts. Individual consumers may purchase and install additional products in their vehicles or otherwise modify existing equipment, without risk of violating the 'render inoperative' provision.; I should emphasize that we are unable to offer any opinion on whethe your product would impair the effectiveness of safety belts. We do recommend that manufacturers carefully consider that possibility before placing their products on the market.; You also asked whether any Federal regulations relating to materia content and flammability affect your product. Although no Federal Motor Vehicle Safety Standards directly govern material content, Standard No. 302 does provide flammability requirements for components of new vehicle occupant compartments, including safety belts. Thus, your product would need to meet the flammability standard if it was installed as original equipment in new vehicles.; Standard No. 302 would not apply directly to your product if it is sol only as aftermarket equipment. However, section 108(a)(2)(A) of the Safety Act, discussed above, could affect your product as it relates to the flammability 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. Again, this provision prohibits only manufacturers, dealers, distributors, and repair businesses from installing such products, it does not prohibit consumers from purchasing and installing those products on their own.; Again, we are not offering any opinion as to whether your product woul meet those flammability standards, but we recommend that you consider that aspect.; The agency believes that all Federal motor vehicle safety standards ar important and that all manufacturers should strive to meet those standards, whether required by law or not. Additionally, if noncomplying pads were to catch fire in a situation where a pad complying with Standard No. 302 would not have caught fire, a manufacturer might face possible product liability consequences under state law. Likewise, a manufacturer might face product liability consequences if its product impaired the effectiveness of the safety belts. You may wish to consult a local attorney in this regard to discuss your product.; I am enclosing copies of Safety Standards Nos. 208, 209 and 302. W appreciate your interest in devices which may encourage safety belt usage, and I hope this letter has addressed your concerns. If you have any further questions, please feel free to contact me.; Sincerely, Jeffrey R. Miller, Chief Counsel

ID: 1984-3.20

TYPE: INTERPRETATION-NHTSA

DATE: 09/06/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Phillip Ables -- Association for Retarded Citizens/Quachita

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Phillip Ables Work Activity Director Association for Retarded Citizens/Quachita Rt. #1 1908 Winnsboro Rd. Monroe, LA 71202

This responds to your recent letter to Mr. Kratzke of my staff, making for information and assistance regarding regulations applicable to child car seats, any safety standards applicable to those seats and the agency responsible for testing.

Federal Motor Vehicle Safety Standard No. 213, Child restraint systems (49 CFR 571.213) sets forth requirements which must be set by all devices designed for use in a motor vehicle to seat children who weigh not more that 50 pounds. I have enclosed a copy of this standard for your information. As you will see, Standard No. 213 requires, among other things, that the restraint protect a test dummy during a 30 mph crash, that the restraint meet the flammability resistance requirements of Standard No. 302 (copy attached) and that the manufacturer provide detailed instructions on the proper use of the restraint.

The United States does not use a certification process similar to the European Economic Community, in which a manufacturer of motor vehicle equipment is required to deliver the equipment to be certified to a governmental agency for testing and approval. Instead, in the United States the individual manufacturer must certify that its product complies with all applicable safety standards. Further, this agency does not require that the certification be based on a specified number of tests or any tests at all; we only require that the certification tbe made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint complies with the requirements of Standard No. 213. We would certainly recommend that a manufacturer producing child restraints certifying compliance with Standard No. 213, especially for the protection requirements in a 30 mph crash. Once the manufacturer determines that its child restraint meets the requirements of Standard No. 213, it certifies that compliance by putting the appropriate language on the label permanently attached to the restraint.

For purposes of enforcement, this agency conducts spot checks of child restraints after they have been certified as complying with Standard No. 213, by purchasing and testing the child restraints according to the procedures specified in the standard. If the restraints pass the tests, no further steps are taken.

If the child restraints fail the test and are determined not to comply with Standard No. 213 or if it is determined that the child restraints contain a safety-related defect, the manufacturer of the child restraint is required to remedy the problem. Section 154(a)(2)(8) of the National Traffic and Motor Vehicle Safety Act of l966, as amended (15 U.S.C. 1414(a)(2)(8) specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer any elect to either:

l. repair the child restraint, so that the defect or noncompliance is removed; or

2. replace the child restraint with an identical or reasonably equivalent child restraint which does not have the defect or noncompliance.

Whichever of these options is chosen, the child restraint manufacturer must bear the expense and cannot charge the child restraint owner for the remedy.

You noted in your letter that your group had been asked to make car seats for children with physical disabilities. Since you are getting into a highly technical area, you may wish to contact Dr. John Melvin, who is associated with the Transportation Research Institute of the University of Michigan. Dr. Melvin has experience testing child restraints designed for use by physically handicapped children, and could provide you with information concerning that testing. His telephone number is (313) 763-3462.

Should you have any further questions or need more information on this subject, please contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely, Frank Berndt Chief Council Enclosures

July 30, l984 Mr. Steve Kratske Office of Chief Council NHTSA 4007 Street Southwest Washington, DC Dear Mr. Kratske:

ARC/O Industries is a sheltered workshop for the handicapped operated by the Association for Retarded Citizens/Quachita. For the past year, we have been manufacturing customized, adaptive equipment-side lyers, prone standers, wheelchair inserts, etc. -for handicapped children.

The equipment we manufacture is made from a special type of laminated cardboard, four sheets thick, of remarkable strength and durability. The material is cheap, resilient and may be cut, painted, glued and doweled without difficulty.

Recently, we have begun manufacturing adaptive inserts for Handicapped Children's Services, a State Agency serving children with physical disabilities. This agency has asked us to make car seats to be used in the transportation of their clients.

I would appreciate any information or assistance you could give us regarding the regulations for manufactured car seats, safety standards, and agency responsible for testing. Thank you for your time and help. Sincerely, Philip Ablas Work Activity Director Association for Retarded Citizens/Quachita

ID: aiam3765

Dear Ms. Hill: This responds to your March 23, 1983, letter asking five specifi questions relating to Standard No. 302, *Flammability of Interior Materials*. Your questions and their answers are listed below:; 1. Provide a definitive interpretation of 'erratic burning' as used i the subject standard that may be related to a test procedure.; 'Erratic burning,' as that term is used in the standard, relates t incidents where the material may soften or bend at the flaming end in a way that would not allow for uniform burning. Erratic burning, therefore, includes, but is not limited to, nonuniform burning as indicated in S5.1.3 of the standard where the use of support wires is mentioned.; 2. Provide a definitive interpretation of the word 'anticipate' as use in TP 302-02. That is, must the expectation of a softening and bending of the flaming end be based upon an actual test of an identical test specimen? A similar test specimen?; In actual practice, a test specimen is observed while burning during compliance test to FMVSS No. 302. If the specimen is found both to soften and bend at the flaming end during testing and also fails to meet the minimum burn rate requirement, a retest is performed using support wires.; 3. Does the agency still plan to issue an interpretive amendmen limiting or clarifying the use of support wires as stated in your 1976 letter? When?; The agency currently has no plans for any modifications of Standard No 302.; 4. How do the procedural requirements of the subject standard apply t a test specimen that bends at the flaming end prior to ignition by a bunsen burner?; We are not certain of the question that you are asking. The materia would not have a flaming end to bend prior to ignition of the bunsen burner. If by this question you mean to ask what we would do about non-flat test specimens, the agency always attempts to test flat specimens only.; 5. Does the NHTSA plan to revise TP 302-02 to reflect your 197 interpretation and your response to this letter? When?; The agency currently has no plans for any modifications to TP 302- 02. Sincerely, Frank Berndt, Chief Counsel

ID: aiam5617

"Dear Ms. Clock: This responds to your inquiry about testing procedure 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";

ID: 1985-03.20

TYPE: INTERPRETATION-NHTSA

DATE: 07/24/85

FROM: AUTHOR UNAVAILABLE; Stephen P. Wood; NHTSA

TO: Patricia Mascari -- Glass Magazine

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Patricia Mascari Glass Magazine 8200 Greensboro Drive Suite 302 McLean, VA 22102

Enclosed is the article we discussed concerning the effect of Federal safety laws on the application of tinting to the windows of motor vehicles. We appreciate the opportunity to present our views on this matter. If you have any questions about the article, please let us know.

Sincerely,

Stephen P. Wood Assistant Chief Counsel for Rulemaking

Enclosure

FEDERAL AUTO SAFETY LAWS AND MOTOR VEHICLE WINDOW TINTING

By Jeffrey R. Miller Chief Counsel, National Highway Traffic Safety Administration

The increasing popularity of window tinting in recent years has led to many questions on the effect of Federal auto safety laws on this practice. Is tinting allowed? If so, by whom and how much? And what about state tinting laws? We appreciate this opportunity provided by Glass Magazine to provide a brief explanation of the Federal laws in this area.

The National Traffic and Motor Vehicle Safety Act of 1966 authorized NHTSA to issue Federal Motor Vehicle Safety Standards for new motor vehicles and items of motor vehicle equipment. Under that authority, NHTSA has issued a vehicle safety standards on a wide variety of subjects, including vehicle windows.

In 1967, the agency issued Safety Standard No. 205, Glazing Materials, which sets performance requirements for glazing materials in new motor vehicles and those sold as replacement equipment. In addition to establishing some new provisions, Standard No. 205 incorporates a widely recognized industry standard on the subject --the "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways" of the American National Standards Institute (ANSI). Under the RASI standard, window tinting is permitted, subject to specified performance requirements on light transmittance and abrasion resistance of the glazing.

Windows in New Vehicles

A manufacturer of new vehicles must certify that the glazing used in its vehicles conforms to the requirements of Standard No. 205. Any person who manufactures or sells a new vehicle which does not conform to any safety standard is subject to civil penalties and recall action under the Vehicle Safety Act. Thus, all windows required to driving visibility, whether clear or tinted, must meet all of the requirements of the standard, including those on light transmittance and abrasion resistance. The agency considers all windows in a passenger car, and the windshield and windows to the immediate right and left of the driver in trucks, buses and multipurpose passenger vehicles, to be requisite for driving visibility.

Likewise, if a dealer or other person places tinting film on glazing in a new vehicle prior to the sale of the vehicle, that person must certify that the glazing continues to meet the requirements of Standard No. 205. Thus, for example, the light transmittance through the combination of tinting film and the glazing must be at least 70 percent in the case of glazing used in windows requisite for driving visibility. Similarly, the combination must also meet the abrasion resistance and other requirements in the standard.

Windows in Used Vehicles

In 1974, Congress amended the Vehicle Safety Act to address the problem of persons tampering with safety equipment installed on a motor vehicle. The 1974 amendment (15,U.S.C. S1397(a)(2)(A)) provides, in part, that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, 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 . . . .

Thus, no manufacturer, distributor, dealer, or motor vehicle repair business may add tinting to windows in a motor vehicle, if that tinting would "render inoperative" the glazing's compliance with Standard No. 205. The Vehicle Safety Act provides for civil penalties (of up to $1000 per violation) for persons that "render inoperative" an element of a safety standard. If any of those commercial businesses added tinting material which reduced the light transmittance of the glazing in windows requisite for driving visibility to a level below 70 percent, the agency would consider that action a "rendering inoperative" of the glazing's compliance with Standard No. 205. The statute does not prohibit tinting by commercial businesses, but it does limit the use of tinting.

The Vehicle Safety Act does not apply to individual vehicle owners. Thus, individual vehicle owners may, themselves, add any level of tint to the windows in their vehicles without violating Federal law. However, tinting done by individual owners would have to be done in accordance with applicable State law.

Effects on State Law

Federal law generally preempts any inconsistent state laws on the same subject covered by Federal Motor Vehicle Safety Standards. The Vehicle Safety Act (15 U.S.C. S1392(d)) provides:

Whenever a Federal motor vehicle safety standard . . . is in effect, no State or political subdivision of a State shall have any authority to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment , any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

Thus, States may not establish provisions regarding tinting or other vehicle window requirements which are either more or less stringent than those provided by Federal Motor Vehicle Safety Standard No. 205. For example, a State law which specifies a transmittance level less than 70 percent for windows requisite for driving visibility in new vehicles would be preempted. The adoption or retention of such a State law would have no effect on the Federal prohibition of such an installation. Further, any State law or regulation permitting manufacturers, distributors, dealers, or motor vehicle repair businesses to install tinting materials on a vehicle after its first sale in violating of Standard No. 205 would also be preempted.

States may establish and enforce requirements identical to any Federal Motor Vehicle Safety Standard, including Standard No. 205. They may also, as part of their motor vehicle inspection regulations, prohibit vehicle owners from modifying their windows, through tinting or otherwise, in any way that would violate Standard No. 205.