ID: 1984-1.22

TYPE: INTERPRETATION-NHTSA

DATE: 03/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: The Netherlands Chamber of Commerce in the United States -- Rick Van Drie

TITLE: FMVSS INTERPRETATION

TEXT: Mr. Rick van Drie Junior International Trade Advisor The Netherlands Chamber of Commerce in the United States 303 E. Wacker, Suite 412 Chicago, IL 60601

This responds to your letter to Mr. Kratzke of my staff, asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of interior materials (49 CFR S571.302). Specifically, you wish to know whether car mats and car seat covers sold not to car manufacturers, but to retailers and wholesalers must comply with the performance requirements of Standard No. 302. The mats and seat covers are required to comply with those requirements only if they will be installed by a manufacturer, dealer, distributor, or repair shop. However, there are possible product liability consequences whioc could result if the mats and seat covers do not meet the flammability requirements and burn in a vehicle under circumstances where complying mats and seat covers would not have burned.

Section S4.1 of Standard No. 302 specifies the components of a vehicle which must meet the flammability requirements of section S4.3. Included among the components listed in S4.1 are seat cushions, seat backs, head restraints, and floor coverings. These components would cover items like seat covers and floor mats. Hence, any seat covers or mats installed as original equipment in new vehicles would have to comply with the flammability requirements of Standard No. 302. However, section S3 of the standard specifies that the standard applies to new vehicles and not to individual components. The effect of section S3 is that the flammability requirements of Standard No. 302 are not directly applicable to the individual components like seat covers and floor mats that are sold as items of aftermarket equipment.

Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter "the Act:; 15 U.S.C. 1397(a)(2)(A)) provides: "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 agency would interpret the installation of seat covers and car mats which do not meet the requirements of Standard No. 302 in a vehicle as rendering inoperative an element of design (flammability resistance) installed in a motor vehicle in compliance with an applicable Federal safety standard (Standard No. 302), and therefore that installation would violate section 108(a)(2)(A) of the Act. Section 109 of the Act specifies a potential civil penalty of $1000 for each violation of section 108.

While this language precludes manufacturers, dealers, distributors, and repair shops from installing seat covers or floor mats which do not comply with the flammability requirements of Standard No. 302 in a motor vehicle, it does not prohibit consumers from installing such items in their vehicles. Hence, if the manufacturer of noncomplying seat covers and floor mats intends that they only be installed by purchasers, no violation of Federal law or regulation would be involved.

However, if the seat covers or floor mats were to catch fire in a situation where a seat cover or floor mat complying with Standard No. 302 would not have caught fire, there would be possible liability consequences under State and common law. You may wish to consult a private attorney for further advice in this regard.

Should you have any further questions or need further information in this area, please feel free to contact Mr. Kratzke at this address or by telephone at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

Ref. RvD/jh/94 January 20, 1984

Mr. Steve Kratzke Office of Chief Council National Highway Safety Administration 4007th Street S.W. Room 5219 Washington, DC 20590

Dear Mr. Kratzke:

In reference to our telephone conversation of January 20 concerning car mats and car seatcovers, we hereby ask for your opinion regarding regulations, especially Federal Motor Vehicle Standard No. 302, on these products.

If these products are not sold to the car manufacturers but to retailers and wholesalers, so to the aftermarket, has the manufacturer in those cases still to comply with these regulations?

Awaiting an early reply on this matter, I remain,

Sincerely yours,

Rick van Drie Junior International Trade Advisor

ID: nht76-3.10

DATE: 08/19/76

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: William K. Rosenberry Esq.; Attorney at Law

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 14, 1976, to George Shifflett 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 the 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 addition 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 non-compliance, 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 fabric 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 tests independent of the supplier.

Your client would also be responsible for conducting a notification and 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 alternations.

I enclose copies of the Act, 49 CFR Part 567, and Standards Nos. 207, 208, 210, and 302 for your information.

ID: nht88-1.30

TYPE: INTERPRETATION-NHTSA

DATE: 02/10/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Laura C. Boniske

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Laura C. Boniske 2928 Coconut Grove Drive Coral Gables, FL 33134

This responds to your letter asking for an 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 convers ation 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 v ehicles, 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 repa ir 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 t he 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 sec tion 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 prohib ited 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 S108.

The prohibitions of S108(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 regardle ss 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 possibilities of liability under State and common law if those pad s 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 de fect 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

LAURA CROVO BONISKE 2928 Coconut Grove Drive Coral Gables, Florida 33134

July 13, 1987

Erika Z. Jones, Esq. Chief Counsel, NHTSA 400 Seventh Street, S.W. Room 5219 Washington D.C. 20590

Dear Ms. Jones:

Mr. Robert Williams suggested that I contact you regarding a legal interpretation as to Standard 302. Specifically, I need to know whether or not materials used in the manufacture of an aftermarket product which will be utilized in the occupant compartme nt of a vehicle are required by law to be fire retardant. The product will be detachable from the vehicle and when in use, a portion of the product will touch the body of the passenger or operator of the vehicle.

The favor of an early reply will be most appreciated.

Yours very truly,

Laura Crovo Boniske

LCB:jb

ID: nht88-1.23

TYPE: INTERPRETATION-NHTSA

DATE: 02/01/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Bureau of Economic Analysis

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Edgar G. Meyer Bureau of Economic Analysis Florida Department of Commerce 407 Fletcher Building Tallahassee, FL 32399-2000

Dear Mr. Meyer:

This responds to your November 24, 1987 letter asking 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 cus hions 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 satisf action 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 a gency 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 vehi cle 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. 30 2. 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 secti on 108(a)(2)(A). Section 109 of the Act specifies a civil penalty of up to $1,000 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

STATE OF FLORIDA DEPARTMENT OF COMMERCE Division of Economic Development

November 24, 1987

Ms. Erika Z. Jones Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W., Room 5219 Washington, D.C. 20590

Dear Ms. Jones:

We have a British prospect who is considering moving to Florida to manufacture felt for car seat cushions and seat backs. He will be using old clothes and rags as raw materials.

Pursuant to our telephone conversation with Ms. Deidre Hom of Your office, it is our understanding that Standard No. 302: Flammability of Interior Materials (Vol. 49, Section 571.302 Code of Federal Regulations) applies to seat cushions and seat backs.

We would appreciate if you could provide us with a legal interpretation addressing the prospect's question: Is it legal in the U.S. to manufacture felt for car seat cushions and seat backs using old clothes and rags as raw materials?

The prospect will visit Florida in early December. We would like to be ready with an answer at that time. Our telefax number is 904/487-1407. If you have any questions please call me at 904/487-2971.

Thank you for your cooperation.

Sincerely, Edgar G . Meyer Economist EGM/mw cc: Deidre Hom

ID: 8408

Mr. A.F. Zang, III
P.O. Box 817
Mill Valley, CA 94942

Dear Mr. Zang:

This responds to your letter asking about government rules applicable to your product, which you describe as an aftermarket child's car seat cover made out of a plastic- coated fabric. In particular, you were concerned about flammability restrictions that would be applicable to your product. I am pleased to have this opportunity to explain our requirements to you. After providing background information, I will answer the specific questions raised in your letter.

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. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, there are currently no Federal motor vehicle safety standards (FMVSS's) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, Child Restraint Systems, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket seat cover.

I note, however, that there are other Federal requirements that indirectly affect your manufacture and sale of your product. Under the Safety Act, 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 in 151-159 of the Safety Act 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 cover 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 108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." A child restraint has elements of design that could be rendered inoperative by a child seat cover. Standard No. 213 sets flammability resistance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No. 302, "Flammability of Interior Materials.") While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they should ensure that they do not compromise the safety protection provided by the child restraint system.

The "render inoperative" prohibition of 108(a)(2)(A) 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 seat cover were placed on restraints by the restraint owners, your product need not meet any FMVSS's. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I will now take this opportunity to answer your specific questions.

Question One 1. Where can the fabric be tested?

The agency does not recommend any test laboratory. However, the following laboratories have conducted similar tests for this agency.

Commercial Testing Co Detroit Testing Laboratory 1215 S. Hamilton Street P.O. Box 869 Dalton, GA 30722-0985 Warren, MI 48090-0869 Phone: (404) 278-3935 Phone: (313) 754-9000 Fax: (404) 278-3936 Fax: (313) 754-9045

United States Testing Co. Engineering Services Division 291 Fairfield, NJ 07006 Phone: (201) 575-5252 Fax: (201) 575-8271

Question Two 2. What are the test specifications?

As explained above, Standard No. 302 specifies the Federal motor vehicle safety standards applicable to flammability resistance. This standard does not directly apply to aftermarket products such as a seat cover for a child restraint. However, we have enclosed a copy of Standard No. 302 for your information.

Question Three 3. Are these questions something that are already available from the factory?

We are not certain what information you wished to obtain by this question. We assume that you were asking whether a manufacturer of a product subject to Standard No. 302 can rely on the assurances from the fabric manufacturer that the material meets the standard's flammability requirements. The manufacturer of the product (e.g., a new child restraint system) would be responsible for exercising due care in certifying that the product meets all applicable FMVSS's. The manufacturer of the product would thus be responsible for ensuring that its reliance on the fabric manufacturer's assurances were reasonable and that the assurances were bona fide.

Question Four 4. Whether the packaging can state that the fabric has been tested and found to be within compliance with government regulations.

Only motor vehicles and motor vehicle equipment that are subject to and that meet the FMVSS's may be certified as complying with those standards. NHTSA does not permit manufacturers of products that are not subject to the FMVSS's to certify to those standards because consumers might be confused or misled about a statement that a product complies with a standard when in fact no standard applied. Accordingly, since no FMVSS applies to an aftermarket child seat cover, you must not state on the packaging that the fabric of your product complies with the FMVSS's.

Question Five 5. Seeks any other government regulations for children's products.

We are not aware of any other Federal government agency that regulates items of motor vehicle equipment. More generally, please be aware that the United States Consumer Product Safety Commission regulates certain consumer products used by children. You may wish to contact that agency at (301) 492- 6580 for information about their statutes and regulations related to children's products.

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. Sincerely,

John Womack Acting Chief Counsel

Enclosure

ref:213#302 d:5/18/93

ID: 1936y

Mr. Mike Sazio
S.C. Manufacturing, Inc.
11879 Woodbury Avenue
Garden Grove, CA 92643

Dear Mr. Sazio:

This responds to your letter concerning the application of our regulations and Federal motor vehicle safety standards to your company's manufacture of "convertible vinyl tops for Jeeps and similar vehicles." I regret the delay in responding. You asked which Federal safety standards apply to these convertible tops that you sell in both the new vehicle market and the aftermarket. You were especially interested in standards for "windows and door handles."

There are two Federal safety standards (copies enclosed) that would apply to your product: (1) Standard No. 205, Glazing Materials; and (2) Standard No. 302, Flammability of Interior Materials. While the brevity of the description of your product makes it difficult for us to determine whether our standard for door handles (Standard No. 206, Door Locks and Door Retention Components) applies, we believe that the standard does not apply to your product because the tops, which apparently incorporate doors, are readily removable.

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

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

The Safety Act defines the term "motor vehicle equipment" as follows: "Motor vehicle equipment" means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory or addition to the motor vehicle ..." (/102(4)) This definition includes the product your company manufactures since the convertible tops are components manufactured and sold either as a replacement or improvement of the convertible top or as an addition to vehicles that have no existing top. Since your product is considered an item of motor vehicle equipment, S.C. Manufacturing Inc., as the manufacturer of the equipment, must ensure that the convertible tops comply with all applicable Federal motor vehicle safety standards and contain no safety-related defects.

If your product contains glazing material, Standard No. 205 (49 CFR /571.205, Glazing Materials) directly applies to that glazing material. Standard No. 205 is an equipment standard which sets performance requirements for glazing materials used in new motor vehicles and glazing materials sold as items of motor vehicle equipment, including glazing used in convertible tops. Any glazing in the convertible tops that your company manufactures for new or used vehicles must therefore conform to the applicable specifications set forth in Standard No. 205. The standard establishes both performance requirements, including those regulating the light transmittance and abrasion resistance of glazing, and labeling requirements applicable to the glazing used in your product.

If your convertible top is added to a new vehicle, i.e., before the vehicle is sold for the first time to a consumer, then it must comply with Standard No. 302, Flammability of Interior Materials (49 CFR /571.302). Standard No. 302 applies to certain vehicle occupant compartment components, including convertible tops, on new completed motor vehicles. Persons selling new vehicles equipped with your convertible top must ensure that the vehicles, including your top, conforms to Standard No. 302.

Generally speaking, while the requirements of Standard No. 302 apply to convertible tops incorporated in new vehicles, they do not apply to convertible tops added to used vehicles, i.e., vehicles which have been sold for the first time to a consumer. Under this general rule, you are permitted to sell aftermarket convertible tops that do not comply with Standard No. 302 to vehicle owners who will add them to their used vehicles even if the addition of the top by the vehicle owners caused the vehicles to no longer comply with Standard No. 302.

This general rule is, however, limited by the application of the provisions of /108(a)(2)(A) of the Vehicle 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 ..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your top on new or used vehicles to ensure that the addition of the apparatus would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the top does not degrade from the safety provided by flammable-resistant materials in the vehicle's interior compartment which have been installed in accordance with Standard No. 302. Installation of rapidly burning materials could vitiate the compliance of the materials which were present in the vehicle at the time of its sale to the first consumer and were certified as meeting FMVSS No. 302. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of section 108.

You should note that section 108(a)(2)(A) is not limited to Standard No. 302, but applies also to any modification of Federally-required safety systems or devices on new or used vehicles. Section 108(a)(2)(A) prohibits rendering inoperative the compliance of devices or elements of design with any applicable Federal safety standard. Thus, a commercial entity would be permitted to install your product only if the modification would not destroy or degrade from a vehicle's compliance with any applicable Federal requirements, such as those for lamps and reflective devices (Standard No. 108).

Standard No. 206 applies to new vehicles, but not to new aftermarket motor vehicle equipment. Therefore, the doors on aftermarket Jeep top covers would not have to meet the standard. Further, doors on new Jeep vehicles would not have to meet the standard if they are "designed to be easily attached to or removed from" the vehicle, as provided in paragraph S4 of Standard No. 206.

To summarize the above discussion, any glazing in the convertible tops you manufacture must meet applicable requirements of Standard No. 205 regardless of whether the tops are sold in the aftermarket or to new vehicle purchasers. The effect of Standard No. 302 on your product depends on the circumstances surrounding installation of the product in new and used motor vehicles. If the convertible top does not meet Standard No. 302, the top cannot be installed in vehicles by any commercial business listed in /108(a)(2)(A) of the Safety Act. However, these convertible tops may legally be installed in vehicles by the owners of the vehicles. Your company would still have the responsibility under the Vehicle Safety Act to recall and remedy its products which are determined to contain a defect relating to motor vehicle safety, even if the convertible tops were installed by vehicle owners themselves.

I hope this information is helpful. In addition to the materials described above, I have also enclosed an information sheet describing generally your responsibilities under the Vehicle Safety Act. Please contact my office if we can be of further assistance.

Sincerely,

Stephen P. Wood Acting Chief Counsel

Enclosures

/ref:206#302#205 d:8/7/89

ID: 11798.MLS

Mr. Michael J. Kroll
Safety Engineering Laboratories, Inc.
27803 College Park Drive
Warren, MI 48093-4879

Dear Mr. Kroll:

This responds to your April 16, 1996 letter asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials (49 CFR '571.302), to various materials in the interior of a vehicle. You ask a number of questions about the standard which we have rephrased below, followed by our answers.

Question: Are materials located under the dash (instrument panel) required to meet the FMVSS 302 requirements? Examples of materials located under the dash are: defrost ducts, air distribution ducting, demister tubes and hoses, insulation on wiring, sound deadening materials, electronic and/or electrical component enclosures. Many of these materials are not visible directly but are accessible via heater/defrost outlets and radio speaker grills.

Answer: Section S4.1 of Standard No. 302 lists the components in the vehicle occupant compartment that must comply with the flammability resistance requirements of paragraph S4.3. The components listed are: seat cushions, seat backs, seat belts, headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, and any other interior materials, including padding and crash deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Under S4.1 and S4.2 of the standard, any portion of these components that is within 2 inch of the occupant compartment air space must meet the standard=s requirements.

The materials you list are not included in S4.1. Thus, they do not have to comply with Standard No. 302.

Question: Are materials located within the passenger compartment on or near the fire wall required to meet Standard 302? These include heating/ventilation/air conditioning (HVAC) ducting, carpeting, sound deadening materials, and electronic or electrical component enclosures. On many vehicles, the HVAC ducting material below the dash is clearly visible and intimately associated with other exposed materials such as carpeting and sound deadening material.

Answer: Some materials located on or near the fire wall are subject to Standard 302. Among the items listed in S4.1 of the standard are floor coverings and engine compartment covers. The standard applies to HVAC ducting material that is part of carpeting used as a floor covering or part of the engine compartment cover. The standard also applies to foam directly under the dash coverings, since the agency considers such foam to be padding that is designed to absorb energy on contact by occupants in the event of a crash. This assumes that the HVAC and foam material is within 2 inch of the occupant compartment air space.

Question: Section S4.2 states that AAny portion of a single or composite material which is in 2 inch of the occupant compartment air space shall meet the [flammability resistance] requirements of S4.3.@ Does S4.2 apply to all materials in the occupant compartment air space?

Answer: No, S4.2 only specifies which portions of those components listed in S4.1 must meet the flammability resistance requirements.

Question: Does S4.2 apply to: (i) materials located under the dash and exposed to the occupant compartment air space, (ii) on the fire wall near and/or on the floor of the occupant compartment, (iii) foams directly under vinyl or cloth coverings on seats, (iv) foam directly under dash coverings, and (v) foam used to line the interior of HVAC ducts?

Answer: Standard No. 302 applies to materials on the fire wall near or on the occupant compartment=s floor, foams directly under vinyl or cloth coverings on seats, and foam directly under dash coverings. It does not apply to materials (other than padding) located under the dash and exposed to the occupant compartment space, assuming these materials are not listed in S4.1, or to foam used to line the interior of HVAC ducts.

Question: Does S4.2 apply to composite materials, such as a foam backing on a vinyl headliner tested as a composite?

Answer: Yes, and the composite vinyl headliner is subject to S4.2.2. That section specifies that AAny material that adheres to other material(s) at every point of contact shall meet the requirements of S4.3 when tested as a composite with other material(s).

Question: Does S4.2 apply to a foam backing of a cloth headliner where the foam is not attached to the headliner?

Answer: Yes, and the headliner would be tested subject to S4.2.1, which specifies that AAny material that does not adhere to other material(s) at every point of contact shall meet the requirements of S4.3 when tested separately.@

Question: Does S4.2 apply to any material underneath the carpeting where the total thickness of the carpeting and backing is less than 2 inch?

Answer: Because S4.2 applies to any component in S4.1 that is within 2 inch of the occupant compartment air space, it applies to listed materials such as a floor covering, up to 2 inch.

Question: Under what basis or criteria are some materials within the occupant compartment air space excluded?

Answer: See answer to question one. Section S4.1 of Standard No. 302 provides a comprehensive list of materials subject to the standard. Any material not on this list is not subject to the standard.

I hope this answers your questions. If you have any further questions, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:302 d:5/16/96

ID: Kim.1

Mr. Jongsoo Kim
Senior Researcher
Korea Automobile Testing & Research Institute (KATRI)
#625, SamJon-Ri, Sonmgsan-Myun
Hwasung-Si, Gyeonggi-Do, Korea (445-871)




Dear Mr. Kim:

This responds to your e-mail to Coleman Sachs of the Office of Vehicle Safety Compliance in which you seek clarification regarding the manner in which air bag cushion material is tested under Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of Interior Materials. Specifically, you asked whether the air bag material is tested in an uninflated (pre-deployment) or inflated (post-deployment) state. As discussed below, the standards test requirements apply to air bag cushion materials in an uninflated state.

By way of background, the National Highway Traffic Safety Administration is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. Standard No. 302 sets forth burn resistance requirements for materials used in the occupant compartment of motor vehicles, in order to reduce deaths and injuries associated with vehicle fires caused by matches, cigarettes, or some other source. In general, the standards test procedures provide for a component specimen to be burned in a metal cabinet, and in order to meet the requirements of the standard, such materials may not exceed a specified burn rate within 60 seconds from the start of timing.

Paragraph S4.1 of the standard delineates the types of materials covered by the standard. That listing includes any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash. Paragraph S4.1 does not specifically address whether an air bag is tested in a pre-deployment or post-deployment state. Moreover, this issue has not been addressed in FMVSS No. 302 rulemakings. We do not read into the standard a test condition that the air bag be deployed prior to testing. Accordingly, when conducting testing under FMVSS No. 302, the agency will test the air bag cushion material in its uninflated (pre-deployment) state.

If you have further questions, please feel free to contact Eric Stas of my staff at (202) 366-2992.

Sincerely,

Stephen P. Wood
Acting Chief Counsel

ref:302
d.5/17/06

ID: nht94-5.11

TYPE: INTERPRETATION-NHTSA

DATE: December 16, 1994

FROM: Mark Warlick -- FMVSS Coordinator, Four Winds International Corporation

TO: Philip Recht -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: ATTACHED TO 2/27/95 LETTER FROM PHILIP R. RECHT TO MARK WARLICK (REDBOOK (2); PART 302)

TEXT: This letter concerns a question of what legal documentation is required for Federal Motor Vehicle Safety Standard No. 302 compliance.

Four Winds International Corporation is a manufacturer of Class A and Class C motorhomes. I am in process of organizing our FMVSS letters of compliance from our vendors that supply our interior materials. I have included a sample of a letter that I hav e received from a vendor. Does this letter meet NHTSA requirements for certification of compliance for FMVSS No. 302 as far as proof of compliance by Four Winds?

If this letter does not contain sufficient information to prove compliance by Four Winds, can you send me a sample of what we need in our records per vendor to show compliance?

enclosure

December 9, 1994

We have tested the panel from Northland Enterprise that was made with COR63-AX-40. We used the MVSS302 flame test, and obtained a flame rating of 0.64 inch per minute.

If you have any questions regarding this information or on any products in general, please contact us.

Sincerely,

INTERPLASTIC CORPORATION

Rey de la Rosa Group Leader Physical Testing

ID: nht93-3.51

DATE: May 18, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: A. F. Zang, III

TITLE: None

ATTACHMT: Attached to letter 01-01-93 EST from A. F. Zang, III, to NHTSA (OCC 8408)

TEXT: This responds to your letter asking about government rules applicable to your product, which you describe as an aftermarket child's car seat cover made out of a plastic-coated fabric. In particular, you were concerned about flammability restrictions that would be applicable to your product. I am pleased to have this opportunity to explain our requirements to you. After providing background information, I will answer the specific questions raised in your letter.

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. The agency periodically tests new vehicles and items of equipment for compliance with the standards.

In response to your question, there are currently no Federal motor vehicle safety standards (FMVSS's) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, CHILD RESTRAINT SYSTEMS, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket seat cover.

I note, however, that there are other Federal requirements that indirectly affect your manufacture and sale of your product. Under the Safety Act, 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 in SS151-159 of the Safety Act 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 cover 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 S108(a)(2)(A) of the Safety Act, which states: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative ... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." A child restraint has elements of design that could be rendered inoperative by a child seat cover. Standard No. 213 sets flammability resistance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No.

302, "Flammability of Interior Materials.") While it appears unlikely that persons in the aforementioned categories would be installing your product, if they were to install it, they should ensure that they do not compromise the safety protection provided by the child restraint system. The "render inoperative" prohibition of S108(a)(2)(A) 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 seat cover were placed on restraints by the restraint owners, your product need not meet any FMVSS's. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I will now take this opportunity to answer your specific questions.

OUESTION ONE

1. Where can the fabric be tested?

The agency does not recommend any test laboratory. However, the following laboratories have conducted similar tests for this agency.

Commercial Testing Co Detroit Testing Laboratory 1215 S. Hamilton Street P.O. Box 869 Dalton, GA 30722-0985 Warren, MI 48090-0869 Phone: (404) 278-3935 Phone: (313) 754-9000 Fax: (404) 278-3936 Fax: (313) 754-9045

United States Testing Co. Engineering Services Division 291 Fairfield, NJ 07006 Phone: (201) 575-5252 Fax: (201) 575-8271

OUESTION TWO

2. What are the test specifications?

As explained above, Standard No. 302 specifies the Federal motor vehicle safety standards applicable to flammability resistance. This standard does not directly apply to aftermarket products such as a seat cover for a child restraint. However, we have enclosed a copy of Standard No. 302 for your information.

OUESTION THREE

3. Are these questions something that are already available from the factory?

We are not certain what information you wished to obtain by this question. We assume that you were asking whether a manufacturer of a product subject to Standard No. 302 can rely on the assurances from the fabric manufacturer that the material meets the standard's flammability requirements. The manufacturer of the product (e.g., a new child restraint system) would be responsible for exercising due care in certifying that the product meets all applicable

FMVSS's. The manufacturer of the product would thus be responsible for ensuring that its reliance on the fabric manufacturer's assurances were reasonable and that the assurances were bona fide.

OUESTION FOUR

4. Whether the packaging can state that the fabric has been tested and found to be within compliance with government regulations.

Only motor vehicles and motor vehicle equipment that are subject to and that meet the FMVSS's may be certified as complying with those standards. NHTSA does not permit manufacturers of products that are not subject to the FMVSS's to certify to those standards because consumers might be confused or misled about a statement that a product complies with a standard when in fact no standard applied. Accordingly, since no FMVSS applies to an aftermarket child seat cover, you must not state on the packaging that the fabric of your product complies with the FMVSS's.

OUESTION FIVE

5. Seeks any other government regulations for children's products.

We are not aware of any other Federal government agency that, regulates items of motor vehicle equipment. More generally, please be aware that the United States Consumer Product Safety Commission regulates certain consumer products used by children. You may wish to contact that agency at (301) 492-6580 for information about their statutes and regulations related to children's products.

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.