ID: aiam3636

Dear Mr. Tyler: This responds to your September 8, 1982, letter asking whether mattress that you manufacture for use in a truck cab would be required to comply with Standard No. 302, *Flammability of Interior Materials*.; Standard No. 302 lists the components that are covered by the standard That list states that mattress covers must comply with the standard's requirements. The agency has interpreted the mattress cover language to mean both mattress covers and the permanent mattress ticking. Accordingly, your mattress to the extent that it is designed for use in new vehicles must comply with the requirements.; You should be aware that nothing prohibits a vehicle owner fro purchasing noncomplying equipment as replacement equipment if he so chooses. You did not indicate whether your operation is for new vehicles or replacement equipment. In the instance of noncomplying replacement equipment, no manufacturer, repair business, or distributor could install such noncomplying equipment. The installation would have to be made by the vehicle owner himself.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam1220

Dear Mr. Hirai: This is in reply to your letter of August 20, 1973, regarding th applicability of Standard No. 302, 'Flammability of Interior Materials,' to a paper instruction sheet your Company may wish to place on the driver's side sun visor or on some other interior component to inform occupants about the seat belt interlock system.; The applicability of Standard No. 302 depends on whether th instruction sheet is attached in such a way as to form a permanent part of the sun visor or a permanent part of some other interior component covered by the standard. If the instruction sheet is easily removable and obviously not part of any component which must meet the requirements of the standard, we would not consider it to be part of any such component and, therefore, it would not be subject to the standard.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam3561

Dear Mr. Walkup: This responds to your April 6, 1982, letter asking whether the agency' standard No. 302, *Flammability of Interior Materials*, applies to after-market equipment. The answer to your question is no.; Standard No. 302 is a vehicle standard and as such applies to complete vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The standard does not apply, however, to items of equipment in the after market. You should be aware that while you would not be prohibited from manufacturing after-market equipment that does not comply with the standard, a manufacturer, repair business or dealer would be prohibited from installing such noncomplying equipment if the installation would have the effect of rendering inoperative the compliance of the vehicle with the safety standard. Nothing prevents a vehicle owner, however, from installing noncomplying equipment in his own vehicle.; I trust that this responds to your question. Please contact me if I ca be of further assistance.; Sincerely, Frank Berndt, Chief Counsel

ID: aiam2405

Dear Mr. Sicks: This is in response to your letter of March 31, 1975, in which yo recommend a modification of the testing procedures pursuant to Standard No. 302, *Flammability of Interior Materials*. Your modification would require the presence of support wires in all tests. After consideration of the recently-compiled test data on the use of support wires in the testing procedures, the NHTSA has decided that modification of the standard should be considered along the lines you suggest.; The NHTSA has interpreted Standard No. 302 to permit the use of suppor wires when any bending of the tested material occurred. At the time of that interpretation, it was believed that support wires would not influence the test results. More recent testing by the agency indicates that the use of support wires does significantly affect burn rates. For this reason, the agency is considering various possibilities in addition to the one you suggest.; Thank you for sending us a copy of your Draft International Standard We appreciate your concern in this matter.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2775

Dear Mr. Brooks: This responds to your January 31, 1978, telephone request askin whether Standard No. 302, *Flammability of Interior Materials*, applies to aftermarket seat covers.; Standard No. 302 is a vehicle standard. As such, it applies to ne motor vehicles prior to their first purchase for purposes other than resale. The standard does not apply to items of motor vehicle equipment, such as seat covers, which are sold to a vehicle's owner subsequent to the vehicle's first purchase.; I would note that, with regard to the installation of interio materials in motor vehicles after the first sale for purposes other than resale, no manufacturer, distributor, dealer, or repair business may knowingly render inoperative a device or element of design (such as flame retardant materials) installed in compliance with an applicable motor vehicle safety standard (15 U.S.C., S1397(a)(2)(A)). Therefore, although the materials you produce may not always be required to meet the requirements of the standard when sold in the aftermarket, there may be situations in which the materials could not be legally installed by a manufacturer, distributor, dealer, or repair business unless they were in compliance with the standard.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: nht87-2.99

TYPE: INTERPRETATION-NHTSA

DATE: 09/21/87

FROM: DALLAS MCCLAIN -- PRO TOUR, INC.

TO: OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: CLARIFICATION/INTERPRETATION OF SEATING STANDARDS

ATTACHMT: ATTACHED TO LETTER DATED 09/12/88 FROM ERICK Z. JONES TO DALLAS MCCLAIN; REDBOOK A-32, STANDARD 207

TEXT: Dear Sir,

Upon the recommendation of your technical reference division, I have formulated my inquiries to your office for interpretation and clarification. This company is a manufacturer of bus seating (NON-School bus) and we believe we surpass all applicable Fed eral Motor Vehicle Safety Standards. There are some points which we would like a legal opinion on for our customers as well as ourselves. Below are several questions which your office will hopefully be able to answer for us. Thank you.

A. What is the legal determination of a 'bus' as opposed to a 'multipurpose vehicle'? Is this definition based on number of passengers, or gross vehicle weight? Or both?

B. In the first paragraph of S4.2 of MVSS 207, there is reference to side-facing seats or passenger seat on a bus, which appear to be exceptions. Following this paragraph are the performance requirements. Are side-facing seats and passenger seats on a bus exempted from these performance requirements? Are these two items covered under another safety standard? If so, which one?

C. Keeping in mind we are assuming NON-School Bus applications, is perimeter seating a 'side-facing seat' such as mentioned above and does MVSS 207 testing apply to these seating configurations? Are there any existing requirements for cushions which are removeable such as perimeter seating arrangements? Or it is just the frame structure which must meet test specifications?

D. While seats not designated for use while the vehicle is moving (MVSS 207, S4.4) must be labeled, must other occupant seating subject to MVSS 207 and MVSS 302 be labeled with a 'law label' indicating the seat has met these standards?

Thank you very much for your help in resolving these questions. If further information is needed to render a finding, please feel free to contact me.

ID: aiam1048

Dear Mr. Randall: This is in reply to your letter of February 28, 1973, and an attache copy of an earlier letter dated September 26, 1972, that you sent to Mr. Bobby A. Boaz in our Office of Consumer Affairs and Public Information but was evidently never received. You ask what types of vehicles are covered by Standard No. 302, 'Flammability of Interior Materials', and especially whether campers, motor homes, and mobile homes are covered.; The standard applies to passenger cars, multipurpose passenge vehicles, trucks, and buses. It does not apply to trailers, the vehicle category which includes mobile homes and other towed recreational vehicles, but it does apply to motor homes and to those campers that are constructed on new chassis.; You ask further for any available information regarding testin procedures, requirements, reporting procedures, and any other related information. There are no reporting requirements, and otherwise the information you seek is found in Standard No. 302 itself. Accordingly, a copy of that standard, as well as a copy of a proposed amendment, are enclosed for your consideration.; Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0787

Dear Mr. Lundstrom: This is in reply to your letter of July 17, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to radio speaker cones. You request clarification of an interpretation we sent to American Motors dated June 9, 1972, wherein we stated that 'stereo speaker . . . cones incorporated into a door or rear shelf would be considered part of a 'trim panel' and 'compartment shelf,' respectively.' You particularly request clarification of the phrase 'incorporated into.'; The NHTSA's position is that a speaker cone, while not generall subject to Standard No. 302 (we assume that it is not an 'energy-absorbing' component), will be subject to the standard if it is 'incorporated into' a component that is subject to the standard. We would consider a speaker cone to be 'incorporated into' a trim panel or compartment shelf if the cone forms a portion of the surface of the panel or shelf. We would not consider a speaker cone merely attached to an enumerated component, but situated wholly underneath (shelf) or behind (trim panel) its surface to be subject to the standard.; I trust this clarifies our position. Yours truly, Richard B. Dyson, Assistant Chief Counsel

ID: aiam0741

Dear Mr. Rothschild: This is in reply to your letter of April 11, 1972, concerning Moto Vehicle Safety Standard No. 302, 'Flammability of Interior Materials.' You ask whether the standard applies to motor homes and recreational vehicles being towed. You also ask what type of certificate or guarantee is required of a fabric manufacturer.; Standard No. 302 applies to passenger cars, multipurpose passenge vehicles, trucks, and buses. It does not apply to trailers, the vehicle category which includes mobile homes and other towed recreational vehicles, and these vehicles are consequently not subject to its requirements. With respect to your questions regarding certification by fabric manufacturers, the standard applies to motor vehicles, and it is the vehicle manufacturer who bears the responsibility to certify, under the National Traffic and Motor Vehicle Safety Act, that the vehicle conforms to the standard. There are no Federal requirements regarding certification to this standard imposed on fabric suppliers. However, manufacturers who purchase materials from such suppliers may require some form of certification or guarantee from them that the materials meet the standard.; If you have further questions, I will be pleased to answer them. Sincerely, Francis Armstrong, Director, Office of Standard Enforcement, Motor Vehicle Programs;

ID: aiam2522

Dear Mr. Wolinsky: This responds to your February 4, 1977, question whether Standard No 302, *Flammability of Interior Materials*, applies to materials supplied to the aftermarket for use in vans.; Standard No. 302 does not directly apply to aftermarket materials o components. As a vehicle standard it applies only to those original components or materials of new vehicles specified in paragraph S4.1 of the standard and installed in a vehicle prior to its first sale for purposes other than resale (15 U.S.C. S1397(b)(1)). Therefore, materials that you supply to the final vehicle purchaser are not subject to the requirements of the standard.; I would also note that, with regard to the installation of interio materials in motor vehicles after the first sale for purposes other than resale, no manufacturer, distributor, dealer, or repair business may knowingly render inoperative a device or element of design (such as flame retardant materials) installed in compliance with an applicable motor vehicle safety standard (15 U.S.C. S1397(a)(2)(A)). Therefore, although the materials you produce may not always be required to meet the requirements of the standard when sold in the aftermarket, there may be situations in which the materials could not be legally installed by a manufacturer, distributor, dealer, or repair business unless they were in compliance with the standard.; Sincerely, Frank A. Berndt, Acting Chief Counsel