ID: aiam4754

"Dear Mr. McCarron: This responds to your letter asking about th application of Safety Standard No. 302, Flammability of Interior Materials, to a particular mattress design, and how the mattress would be tested under the standard. I regret the delay in responding. Paragraph S4.1 of Standard 302 sets forth a listing of the vehicle occupant compartment components that must be certified as complying with the flammability resistance requirements of paragraph S4.3. Paragraph S4.1 includes a reference to 'mattress covers.' You ask whether NHTSA would consider six components of your mattress design to be included in the term 'mattress cover' and thus subject to Standard 302. (The first five components you ask about, and a portion of the sixth, satisfy the criterion in S4.2 of being within 1/2 inch of the occupant compartment air space.) As we understand your sketch, the first three components (which you called the 'cover,' 'foam' and 'foam backing') encase the mattress core, or filling. As such, if our understanding is correct, these three constitute the mattress ticking, which we consider as the fabric case permanently enclosing the filling of a mattress. NHTSA has said in past interpretations of Standard 302 that the term 'mattress cover' includes both a removable covering put over a finished mattress and the mattress ticking. Thus, the first three components would be subject to the standard. These three components, which you said in a telephone conversation are quilted together, would be tested separately under S4.2.1 of the standard if they do not adhere to other materials at every point of contact. (The fact that these three are quilted, or stitched, indicates to us that they do not so adhere.) If any of these components adhere to other material at every point of contact, then it would be tested as a composite with the other material. The fourth component in your sketch is the mattress 'fill.' Paragraph S4.1 of the standard lists mattress covers only. NHTSA has consistently interpreted S4.1 as not including the mattress filling. The fifth component is a fabric 'corner reinforcement' that appears to be approximately two inches in length and stitched on the outside of the mattress cover. NHTSA indicated in interpretative letters of Standard 302 dated December 15, 1972 and May 1, 1972 that a component that is 'incorporated into' a component that is listed in S4.1 is subject to the standard. (The agency said in the December 1972 letter that 'mattress cover' includes tufting, since tufting is incorporated into mattress covers.) Since the fifth component is sewn to the corner of the mattress and appears to be made part of the mattress cover, we believe that the corner reinforcement is incorporated into the mattress cover. Thus, the fifth component would be subject to the standard. If it does not adhere to another material at every point of contact, it is tested separately under S4.2.1. The sixth component is the 'fill backing' which appears to be an internal divider between the mattress fill and the springs. It appears from your sketch that the fill backing is not part of the mattress ticking, because the backing is inside the mattress and is separate from the mattress ticking. Thus, we conclude the sixth component is excluded from the standard. I hope this information is helpful. Sincerely, Paul Jackson Rice Chief Counsel";

ID: aiam5650

"Dear Mr. Cuvala: This responds to your letter of September 10, 1995 concerning 'conference and display vehicles' you have been asked to manufacture for a client. The vehicles used are cargo vans with a gross vehicle weight rating of 9200 pounds. You convert the cargo area of the van to a product display and conference area. Your letter contained an illustration of the vehicle, indicating an L-shaped seating area behind the driver and front passenger seats. Your letter states that this area is not intended for transport of people. You asked whether such a vehicle must comply with 'seating and occupant orientation and restraint directives.' As explained below, the seats in such a vehicle would have to comply with federal standards on seats and seat belts if the modification is done prior to the first retail sale of the vehicle. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized 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. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards prior to their sale or import. NHTSA's certification regulations are set forth in 49 CFR Part 567. Conversion Prior to Sale Your letter does not state whether the conversion of the cargo area of these vehicles is done before or after the first retail sale of the vehicles. Prior to the first retail sale of a vehicle, the vehicle is considered to be 'new.' If the conversion is done prior to the first retail sale, your company would be considered an 'alterer' under our regulations. A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards (49 CFR 567.7). The seats in a new vehicle must comply with federal regulations if they are 'designated seating positions.' A 'designated seating position' is defined in 49 CFR 571.3 as: any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion. While you indicate that the vehicles are not intended to transport people except in the front seats, the design of the seating area is similar to other vehicle seats. Therefore, it appears from their design that these seats are likely to be used and are therefore designated seating positions. NHTSA has exercised its authority to establish five safety standards which could be relevant to seats in these vehicles: Standard No. 207, Seating Systems (49 CFR 571.207), Standard No. 208, Occupant Crash Protection (49 CFR 571.208), Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), and Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). Standards Nos. 207, 208, 210, and 302 apply, with certain limited exceptions not relevant to your conversion, to vehicles and not directly to items of equipment. Standard No. 207 establishes requirements for seats, their attachment assemblies, and their installation to minimize the possibility of their failure in a crash. Standard No. 207 does not require a specific orientation for seats. However, some of the requirements are different for side- and rear-facing seats like those illustrated in your attachment. Standard No. 208 specifies seat belt requirements for seating positions in vehicles. For the seats in the rear of your vehicles, Standard No. 208 would require lap belts at each designated seating position. Standard No. 210 specifies performance requirements for seat belt anchorages. Standard No. 302 specifies burn resistance requirements for materials used in the interior of motor vehicles. Standard No. 302 would affect not only the seats, but also installation of other materials in these vehicles. Standard No. 209 applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, the manufacturer is required to certify that the seat belts comply with Standard No. 209. If you do not manufacture the seat belts yourself, you should install only belts certified by their manufacturer. This is true regardless of whether the conversion occurs before or after the first sale of the vehicle. Conversion After Sale If the conversion is done on a used motor vehicle, you do not have to certify that the vehicle complies with Standards Nos. 207, 208, 210, and 302. However, 49 USC 30122 provides, in pertinent part: A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative, any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard. . . . Thus, you could not convert these vehicles if the conversion affected a device or element of design, installed prior to sale, so as to cause the vehicles to no longer comply with any of the safety standards. 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, Samuel J. Dubbin Chief Counsel";

ID: 000182cmc

Mr. Jeremy Karmel
Account Executive
Agar Truck Sales, Inc.
2 Agar Street
Yonkers, NY 10701

Dear Mr. Karmel:

This responds to your letter of August 13, 2002, requesting information on regulations concerning the installation of passenger seats in a van.In yourletter you stated that a customer would like to purchase a van from your company.You indicated that the customer would then like "to install an extra row of seating, himself, using factory equipment, to carry two more passengers." As you further explained in a telephone conversation with a member of my staff, either the customer would perform the installation or a third party repair business would install the extra seating. As explained below, there are different Federal requirements depending on the timing of the installation and the person installing the seating.

I am pleased to have this opportunity to explain our laws and regulations to you.The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30101 et seq.; Vehicle Safety Act) to issue motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment.Section 108(a)(1)(A) of the Vehicle Safety Act (49 U.S.C. 30112(a)) prohibits any person from manufacturing, introducing into commerce, selling, or importing equipment unless the vehicle or equipment item is in conformity with all applicable safety standards.

NHTSA has exercised authority to establish five Federal motor vehicle safety standards (FMVSS), which could be relevant to installation of a seat in a vehicle: 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 Nos. 207, 208, 210, and 302 apply, with certain exceptions that are not relevant to this situation, to vehicles and not directly to items of equipment. Standard No. 209, however, applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacement belts.Thus, if new seat belts are installed on an already certified vehicle, the manufacturer of the seat belts is required to certify that the seat belts comply with standard No. 209.

If additional seats are installed in an already certified vehicle prior to its first retail sale, the person modifying the vehicle would be considered an alterer of a previously certified motor vehicle and would be subject to certification requirements.Under 49 CFR Part 567, Certification, an alterer is defined as:

A person who alters a vehicle that has previously been certified ... other than by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, ... before the first purchase of the vehicle in good faith for purposes other than resale ....

As an alterer, the person installing the seats would be subject to the certification requirements of 49 CFR 567.7. These requirements include provisions that the alterer supplement the original manufacturer's certification label, which must remain on the vehicle, by affixing an additional label. The label must state that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards. The label must also state the name of the alterer, the month and the year in which the alterations were completed, and the gross vehicle weight rating (GVWR) and the gross axle weight rating (GAWR), if changed by the vehicle alteration.

If additional seats are installed after the vehicle's first purchase for purposes other than resale (i.e., the first retail sale of the vehicle), a vehicle modifier or repair business could not install additional seats in your customers van if it caused the vehicle to no longer comply with any of the safety standards.The only provision in Federal law that affects a vehicle's continuing compliance with an applicable safety standard is set forth in 108(a)(2)(A) of the Safety Act (49 U.S.C. 30122(b)).That section provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard

If, for example, a third party repair facility installs the extra passenger seat, then the "render inoperative" prohibition would mean that it must be done is such a way as to not affect the vehicles compliance with all applicable FMVSS.This would require, among other things, that installation of the new seat be done such that the attachment of the original seats and seat belts to the vehicle must not be compromised.

In addition, the "render inoperative" prohibition does not apply to modifications vehicle owners make to their own vehicles. Thus, if the customer, as an individual vehicle owner, were to install the seats himself in his own vehicle, Federal law would not apply.

While Federal law would not apply to a modification if it were made by your customer to his own vehicle, I would urge him to exercise care in installing the seat bench and to install seat belts on the seats. The seats and seat belts will not provide any protection to occupants if they separate from the vehicle frame in a crash. Additionally, you and your customer should be aware that States have the authority to regulate modifications that individual vehicle owners may make to their own vehicles.Also, your customer may wish to consult a private attorney familiar with the law in the New York State regarding potential liability in tort for his business in these circumstances.

I hope this information is helpful.If you have any other questions please contact Chris Calamita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:207
d.10/23/02

ID: aiam4034

Dear Ms. Jones: Thank you for your letter dated July 29, 1985 inquiring about Federa requirements applicable to children's car seat covers which you manufacture for sale as accessories to child restraint systems.; This agency administers the National Traffic and Motor Vehicle Safet Act of 1966, as amended, 15 U.S.C. 1391 *et seq*. (the Act). Under the Act, the agency has issued Standard No. 213, *Child Restraint Systems*. Paragraph S5.7 of that standard requires each material used in a child restraint system to conform to the requirements of S4 of Standard No. 302, *Flammability of Interior Materials* (49 CFR Section 571.302). These flammability resistance requirements apply to *new* child restraint systems used in motor vehicles or aircraft. The flammability resistance requirements in Standard No. 302 must be met by aftermarket seat covers for child restraint systems only if such seat covers are installed by manufacturers, dealers, distributors, or repair shops. A manufacturer, distributor, dealer, or motor vehicle repair business must not install a seat cover for a child restraint system which does not comply with the flammability resistance requirements of Standard No. 302.; However, aftermarket seat covers which are sold to and installed b child restraint owners need not satisfy the flammability resistance requirements of Standard No. 302. Nevertheless, the agency urges all manufacturers of such seat covers to comply voluntarily with our safety standards.; A copy of Standard No. 302 is enclosed. I hope this information i helpful to you.; Sincerely, Erika Z. Jones, Chief Counsel

ID: nht90-3.9

TYPE: Interpretation-NHTSA

DATE: July 10, 1990

FROM: Jeffrey P. Henderson -- Project Supervisor, Toy Laboratory, ACTS Testing Labs, Inc.

TO: Paul J. Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1-3-91 from Paul Jackson Rice to Jeffrey P. Henderson (A37; Std. 213; Std. 302)

TEXT:

This letter is regarding whether plastic pouches that contain instruction sheets are applicable to the requirements of the Motor Vehicle Safety Standard Number 302 (MVSS 302).

In a conversation with Dee Fajita of N.H.T.S.A, she stated an interpretation has been made regarding instruction sheets as being not applicable to the requirements of MVSS 302, however, she was unaware of an interpretation regarding plastic pouches (simi lar to plastic sandwich bags).

Can you please determine whether a plastic pouch which may or may not be permanently attached to a child's car seat is applicable to the requirements of MVSS 302.

Thank you for your time and response.

ID: aiam4536

"Dear Mr. Smith: This responds to your letter concerning th application of Federal safety standards to your manufacture of a 'storage console-armrest.' I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is designed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area. By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter. There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of 'aftermarket' equipment. However, under Federal law you are considered a manufacturer of motor vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, installation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation. A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard No. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occupant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests specified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer. Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your console-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information. Section 108(a)(2)(A) of the Safety Act specifies that 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 in compliance with an applicable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For example, 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 console-armrest that does not comply with 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. In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by 108(a)(2)(A) and may themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves. I hope this information has been helpful. Please feel free to contact us if you have further questions. Sincerely, Erika Z. Jones Chief Counsel Enclosures";

ID: aiam0800

Dear Mr. Nakajima: This is in reply to your letter of June 27, 1972, asking whether th temporary covers which you intend to use to protect a vehicle's upholstery during shipment and storage in a dealer's yard are permitted despite their nonconformity with Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials'. You indicate that you plan to take four steps to ensure that the covers are removed by the dealer before delivery to a customer.; While you may follow the procedure you have specified, your first ste (the attachment of a statement to the windshield pursuant to 12.80(b)(2)(iv) of each car stating that the vehicle does not conform to FMVSS No. 302, but will be brought into conformity when the covers are removed by the dealer) appears unnecessary. The NHTSA has determined that such covers will not be subject to the standard and may be installed without affecting the vehicle's conformity, if the manufacturer takes appropriate steps to ensure that the covers are removed before the car is put into use.; Two steps which should be taken to manifest this intent are: (1 placing the covers in the vehicle in such a way that their use after purchase is unlikely, and (2) making adequate provision that the covers are removed before sale to the purchaser. Although you appear to deal adequately with the second step, you should also place the covers in the vehicle in such a way that their use after purchase is unlikely. If Toyota does take these steps, then the temporary covers would not be required to conform to Standard No. 302.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam2129

Dear Mr. Kato: This is in response to your letter of April 22, 1975, posing severa questions relating to Standard No. 302, 49 CFR 571.302. We are sorry for the delay in responding, but unfortunately your letter was filed in the docket as a response to a notice of proposed rulemaking concerning Standard No. 302.; Your first question relates to the requirement that the surface of th specimen closest to the occupant compartment air space face downward on the test frame. This requirement is now found in S5.2.2 of Standard No. 302, as published on September 16, 1975 (40 FR 42746). Through error, S5.2.2 was not amended when the standard was first amended on March 31, 1975 (40 FR 14318). This requirement applies to all test samples regardless of their thickness.; Your second question lists five components and asks whether they ar included within Standard No. 302 as amended by Docket No. 3-3, Notice 7, and whether they would be included within Standard No. 302 if the amendment proposed by Notice 8 is adopted. Our answers follow:; >>>1. The wiring harness illustrated in your letter need not currentl meet the requirements of the standard, but would have to meet the requirements if it was located within 1/2 inch of the surface of the floor covering and Notice 8 was adopted as presently proposed.; 2. The roof lamp need not currently meet the requirements of th standard, but would have to meet these requirements if Notice 8 was adopted as proposed.; 3 and 4. The door lock and door handle knobs need not meet th requirements of the standard, but would have to if Notice 8 was adopted.; 5. The floor grommets need not currently meet the requirements of th standard, but would have to meet these requirements if Notice 8 was adopted and they were within 1/2 inch of the surface of the carpet.<<<; You are correct, therefore, in your analysis of the effect of Notice as stated in your letter.; Your third question relates to whether the air space located behind th instrument panel and underneath the seat will be considered as part of the occupant compartment air space if Notice 8 is adopted. Assuming that the air behind the instrument panel is sealed off from the passenger compartment, it would not be considered part of the occupant compartment air space. The air under the seat cushion would be considered part of the occupant compartment air space unless it too is sealed off from the passenger compartment.; We trust these answers will be helpful to you. Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0692

Dear Mr. Pierson: This is in reply to your letter of April 17, 1972, in which you as certain questions regarding Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' the proposed amendment to that standard (36 F.R. 9565, May 26, 1971), and future requirements for labeling of safety glazing. Your questions are restated below, followed in each case by our response.; >>>1. We have heard that clarifying amendments for MVSS 302 are bein prepared and may be promulgated soon. Can you tell us approximately when such information may be published?; An amendment to Standard No. 302, based upon the notice of May 26 1971, and other information that has been presented to the agency is currently in preparation, and we expect its issuance within the next several weeks.; 2. We are concerned about 1973 requirements for labeling of safet glazing. Will your identification requirements prevail over state regulations which require additional and/or different information?; The National Traffic and Motor Vehicle Safety Act provides that Federa motor vehicle safety standards preempt State requirements to the extent that those requirements differ from the Federal standard regarding the same aspect of performance. We cannot determine whether specific State labeling requirements would be preempted by present or future Federal requirements without knowing specifically what the State requirements might be.; 3. If an exception is made in Standard No. 302 for small plastic parts would that exception include light-transmitting parts such as clock dials and instrument dials.; Paragraph S4.1 of Standard No. 302, in enumerating those motor vehicl components which must meet the standard's requirements, does not list either of the components you mention. Accordingly, they are not subject to the standard unless they are 'designed to absorb energy on contact by occupants in the event of a crash,' which appears to be unlikely.<<<; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam1955

Dear Mr. Emmons: This is in response to your letter of May 1, 1975, concerning Federa Motor Vehicle Safety Standard No. 302, Flammability, and in amplification of your telephone conversation with Mr. Schwartz of my office.; As Mr. Schwartz advised you, Standard No. 302 applies to passenge cars, multipurpose passenger vehicles, trucks, and buses. Thus, the standard would apply to mattresses used in trucks. Further, it has been proposed to extend Standard No. 302 to campers and trailers other than those sold exclusively for the transportation of cargo (copy enclosed). Consequently, as you requested, I have enclosed a copy of Motor Vehicle Safety Standard No. 302, a recent amendment to that standard, and a proposed amendment which may also be of interest to you.; Yours truly, Richard B. Dyson, Assistant Chief Counsel