ID: 001280cmc

Mr. Reginald Gray
9111 White Bluff Road, Apt. 102
Savannah, GA 31406

Dear Mr. Gray:

This is in response to your letter in which you ask if selling custom seat belts would be affected by any Federal motor vehicle safety standards (FMVSS) issued by this agency. You state that you are interested in selling seat belts with various designs and logos on the seat belt webbing. However, it was unclear from your letter if the designs would be added to a vehicles existing belts or if custom belts would be manufactured to replace a vehicles existing belts. Each of these possibilities is addressed below.

I am pleased to have this opportunity to explain our statute and regulations. The National Highway Traffic Safety Administration (NHTSA) is authorized under the National Traffic and Motor Vehicle Safety Act (49 U.S.C. Chapter 301; Safety Act) to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. 49 U.S.C. 30112(a) prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or the equipment is in conformity with all applicable safety standards and is certified as being in compliance.

NHTSA has issued four safety standards that may be relevant to your custom seat belts. The first is FMVSS No. 208, Occupant crash protection, which sets forth requirements for occupant protection at the various seating positions in vehicles. The second relevant standard is FMVSS No. 209, Seat belt assemblies, which sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. The third relevant safety standard is FMVSS No. 210, Seat belt assembly anchorages, which establishes strength and location requirements for seat belt anchorages. The final relevant safety standard is Standard No. 302, Flammability of interior materials. This standard specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. FMVSS Nos. 208, 210, and 302 apply, with certain exceptions that are not relevant to your product, to vehicles and, not directly to items of equipment. FMVSS No. 209 applies to all seat belt assemblies regardless of whether the seat belts are originally installed in the vehicle or are installed after the vehicle has been purchased.

Because federal law operates differently depending on whether you manufacture, sell, or install the custom seat belts, I will discuss each possible scenario.

Manufacturer and Seller Requirements

The Safety Act states:

A manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. (49 U.S.C. 30115)

If you were to manufacture the custom seat belts, you would have to certify that the belts comply with FMVSS No. 209. As noted above, FMVSS No. 209 sets forth strength, elongation, webbing width, durability, and other requirements for seat belt assemblies. This standard applies to all seat belt assemblies for use in motor vehicles, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Hence, any seat belt sold for installation in an existing vehicle would have to comply with, and be certified as complying with, FMVSS No. 209.

If your product were not a seat belt, but a component to be attached or added to the seat belt, there would be no NHTSA standards directly applicable. However, if you were to manufacture such a product, we would urge you to evaluate carefully whether your product would in any way degrade the performance of vehicle safety belts. For example, you should ensure that your product would not interfere with safety belt retraction, that any adhesive used with your product would not cause deterioration of the safety belt webbing, and that your product would not obscure the information required by FMVSS No. 209 to be labeled on the webbing. Safety belt webbing is designed to have some "give" to help absorb crash forces. If your product were to make the webbing too stiff, it could raise safety concerns. Finally, you should be aware that originally-installed safety belts must meet the requirements of FMVSS 302. Again, we would encourage you to evaluate your product against the requirements of this standard to ascertain whether your product would degrade the flammability performance of seat belts.

In either case, as a manufacturer, you would also be subject to federal requirements concerning the recall and remedy of products with defects related to motor vehicle safety (49 U.S.C. 30118-30121).

Installer Requirements

Any commercial business that would install your product would also be subject to the provisions of the Safety Act that affect modifications of new or used vehicles or motor vehicle equipment. The Safety Act provides at 49 U.S.C. 30122(b) that:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly make inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard.

This section would prohibit any of the named type of businesses from installing your product if such installation would cause the vehicle to no longer be in compliance with FMVSS Nos. 208, 209, 210, or 302. Violations of this make inoperative prohibition are subject to a civil penalty of up to $5,000 for each violation. Even if your product were simply modifications to a vehicles existing seat belts (e.g., stickers or additional stitching), any of the above businesses installing your product would still be subject to the make inoperative provision.

Additionally, there may be state law considerations regarding potential liability in tort in these circumstances. I have enclosed a brochure for new manufacturers that discusses the basic requirements of our standards and regulations, including the provisions relating to manufacturers' responsibilities to ensure that their products are free of safety-related defects.

I hope you find this information helpful. If you have any further questions please call Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:209
d.1/13/03

ID: nht72-3.26

DATE: 07/17/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Mercury Fabricators

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 20, 1972, in which you ask whether Motor Vehicle Safety Standards Nos. 206 (Door Locks and Door Retention Components) and 302 (Flammability of Interior Materials) apply to aluminum sleeper cabs which you manufacture for what appears to be installation on truck tractors.

Each motor vehicle safety standard is by its terms applicable to specific types of motor vehicles and motor vehicle equipment. Each vehicle or item of equipment to which a standard applies must conform to the standard until its first purchase by a user. Components which are incorporated into vehicles before their first purchase are considered to be part of the vehicle, and as a practical matter must conform to all standards applicable to it.

Standard No. 302 becomes effective September 1, 1972, and applies to trucks, which includes truck tractors. If a sleeper cab you manufacture is incorporated into a truck before its first purchase by a user, then it must conform to the standard. Moreover, the components to which the standard applies (paragraph S4.1) include mattress covers, and if you determine the standard applies under the criteria we have provided, mattress covers which you furnish must conform to the standard. You indicate you have tested the flammability of the cab utilizing a torch. While you may test for conformity to the standard in any way you choose, whether or not your product conforms to the standard will be determined by NHTSA utilizing the test procedures specified in the standard. Manufacturers who utilize procedures different from those in the standard should take care to correlate the results they obtained to those that would be obtained using the standard's procedures.

Standard No. 206 also applies to trucks, and will become effective for all side doors leading to passenger compartments on September 1, 1972. Consequently, if the sleeper cabs you manufacture are incorporated into trucks before their first purchase the sleeper cabs must conform to Standard No. 206

Enclosures

ID: 5716 filters

Mr. Larry A. Gaughan &
Mr. Seongju Kim
Bldg 60-1W-17
2465 Lexington Ave S
Mendota Heights, MN 55120

Dear Messrs. Gaughan & Kim:

This is in response to your e-mail and a phone conversation between Mr. Gaughan and Mr. Chris Calamita of my staff, in which you ask if the cabin air filters manufactured by your company must meet the requirements of the Federal motor vehicle safety standard (FMVSS) No. 302, Flammability of interior materials. You supply the air filters to a vehicle manufacturer for installation in new vehicles. As explained below, the answer is no.

You described the cabin air filters as designed to clean the air entering the cabin of the motor vehicle through the heating and air-conditioning vents. You stated that the filters are located either behind or under "the dash of the vehicle or in the engine compartment of the vehicle."

FMVSS No. 302 specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Section 4.1 of the standard lists the components in the vehicle occupant compartments that manufacturers must certify as complying with the flammability resistance requirements of S4.3. The components listed in S4.1 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, mattress 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.

Cabin air filters are not listed in S4.1 of the standard. Thus, they are not subject to the requirements of FMVSS No. 302.

Please note that there are other requirements that could affect your product. The National Highway Traffic Safety Administration (NHTSA) also has jurisdiction over defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your filters are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

I hope you find this information helpful. If you have any further questions on Standard No. 302, please contact Mr. Chris Calamita of this office at (202) 366-2992.

Sincerely,
Jacqueline Glassman

Chief Counsel
ref:302
d.9/4/03

ID: 9358

Mr. David Shapiro
RV Designer Collection
Woodbridge, Inc.
Glenview, IL 60025

Dear Mr. Shapiro:

This responds to your inquiry about the applicability of Standard No. 302, Flammability of Interior Materials to aftermarket products. You state that you are planning to market fabric window coverings such as drapes and fabric bedding such as bedspreads for use in recreational vehicles. In response to your request for confirmation that Standard No. 302 does not apply to aftermarket products, I am pleased to have this opportunity to explain our regulations to you.

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 products you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. However, Standard No. 302 would not apply to your products because that standard applies to new motor vehicles and not to aftermarket items of motor vehicle equipment.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your products. Under the Safety Act, your products are considered to be items 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 products contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I note that even though Standard No. 302 would not apply to your product, the product's flammability characteristics could be relevant to whether it contained a safety related defect.

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 ...." This section would prohibit any manufacturer, distributor, dealer, or repair business from installing your product in used vehicles if the effect of such installation was to render inoperative the compliance of the vehicle with any safety standard, including Standard No. 302.

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 products were placed in vehicles by the vehicle owners, your products would not need to meet any FMVSSs. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

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:302 d:2/10/94

ID: 2909o

Mr. Gerald Peterson
Taraco Enterprises Inc.
Empire Plaza
23 Empire Drive
St. Paul, MN 55103

Dear Mr. Peterson:

This responds to your May 17, 1988 letter to me asking for "information on petitions filed, concerning the safety problems on trucks." You also enclosed for the agency's information materials on the product you manufacture called a "Truk-Hedrest." According to the brochures you sent, the Truk-Hedrest attaches to the rear window of a vehicle by means of velcro and "is designed to help protect the head of the driver and passenger of a truck or van in an accident when their head is snapped back against the rear window or bulkhead of a vehicle." You also enclosed a copy of an August 28, 1987 letter which Mr. Carl Clark of this agency sent you regarding your product. The latter part of this letter addresses statements in your brochures relating to our regulations and the Truk-Hedrest.

The National Highway Traffic Safety Administration (NHTSA) shares your concern for light truck safety and is currently reviewing a number of actions intended to improve the protection for occupants of such vehicles. This review has been described in detail in the enclosed reports to Congress issued by NHTSA in May 1987 ("Light Truck and Van Safety") and April 1988 ("Safety Programs for Light Trucks and Multipurpose Passenger Vehicles"). Among the rulemaking activities considered by NHTSA for light trucks is a possible extension of Safety Standard No. 202, Head Restraints, to those vehicles. The agency is presently reviewing petitions for rulemaking on this subject from Mr.Dale T. Fanzo of Bethel Park, Pennsylvania and Mr.Mark E. Goodson of Lewisville, Texas. I have enclosed copies of these petitions for your information.

With regard to the brochures and materials you sent on your product, I would like to first to make it clear that Mr. Clark's letter on the Truk-Hedrest only expressed his personal opinions and interests concerning your product. His letter does not represent any official agency position regarding light truck safety in general or regarding your product in particular. Mr. Clark's letter was neither an approval nor endorsement of your product by this agency. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. In addition, the agency cannot as a matter of law and will not as a matter of policy determine the extent, if any, of the occupant protection provided by any commercial product apart from the context of an actual enforcement proceeding. Thus, the agency does not concur in any manner with Mr.Clark's assessement that the Truk-Hedrest "does indeed provide excellent head protection" or with any other statement as to the effectiveness of your product.

Second, your brochures imply that the Truk-Hedrest has been shown to help protect against possible neck and head injuries when tested to "NHTSA guidelines." NHTSA has neither adopted or even developed guidelines for testing the Truk-Hedrest. Again, in his letter to you Mr. Clark provided only his personal opinion on certain aspects of your product testing program. He expressed no agency recommendations or "guidelines" for testing a product such as yours "for rear end collisions up to 50 MPH," or with bowling balls, since no such guidelines exist.

My final clarification concerns the statements in your brochures that the Truk-Hedrest "Passes MVSS-302 Test for fire and toxic fumes." Please note that Standard No. 302, Flammability of Interior Materials, addresses only the flammability resistance of vehicle components and not the toxicity of gases from burning materials.

With respect to your statement about meeting the FMVSS 302 requirements regarding fire, please note that if the Truk-Hedrest did not in fact meet those requirements and were installed in a vehicle by a motor vehicle manufacturer, distributor, dealer or repair business, there could be a violation of the National Traffic and Motor Vehicle Safety Act. Section 108(a)(2)(A) of the Act prohibits those persons from rendering inoperative any device or element of design installed pursuant to the Federal motor vehicle safety standards. 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 302.

To repeat, in his letter to you Mr. Clark was only expressing his personal opinions and interests concerning your product and made no statements that should be construed as official agency positions. NHTSA does not endorse the Truk-Hedrest nor do we make any determination on the extent, if any, of the occupant protection provided by your product. I regret any confusion that may have resulted from Mr. Clark's letter to you on the Truk-Hedrest.

Please contact my office if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:302 d:9/2/88

ID: nht94-8.20

DATE: February 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

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

TITLE: None

ATTACHMT: Attached to letter dated 11/17/93 from David Shapiro to NHTSA Chief Counsel (OCC-9358)

TEXT:

This responds to your inquiry about the applicability of Standard No. 302, Flammability of Interior Materials to aftermarket products. You state that you are planning to market fabric window coverings such as drapes and fabric bedding such as bedspreads for use in recreational vehicles. In response to your request for confirmation that Standard No. 302 does not apply to aftermarket products, I am pleased to have this opportunity to explain our regulations to you.

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 products you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. However, Standard No. 302 would not apply to your products because that standard applies to new motor vehicles and not to aftermarket items of motor vehicle equipment.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your products. Under the Safety Act, your products are considered to be items of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in S151-159 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 products contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I note that even though Standard No. 302 would not apply to your product, the product's flammability characteristics could be relevant to whether it contained a safety related defect.

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 vehicle or item of motor vehicle

equipment in compliance with an applicable Federal motor vehicle safety standard...." This section would prohibit any manufacturer, distributor, dealer, or repair business from installing your product in used vehicles if the effect of such installation was to render inoperative the compliance of the vehicle with any safety standard, including Standard No. 302.

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 products were placed in vehicles by the vehicle owners, your products would not need to meet any FMVSSs. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: nht94-1.50

TYPE: Interpretation-NHTSA

DATE: February 10, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

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

TITLE: None

ATTACHMT: Attached to letter dated 11/17/93 from David Shapiro to NHTSA Chief Counsel (OCC-9358)

TEXT:

This responds to your inquiry about the applicability of Standard No. 302, Flammability of Interior Materials to aftermarket products. You state that you are planning to market fabric window coverings such as drapes and fabric bedding such as bedspreads for use in recreational vehicles. In response to your request for confirmation that Standard No. 302 does not apply to aftermarket products, I am pleased to have this opportunity to explain our regulations to you.

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 an d 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 products you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. However, Standard No. 302 would not apply to your products because that standard applies to new motor vehicles and not to aftermarket items of motor ve hicle equipment.

I note, however, that there are other Federal requirements that indirectly affect the manufacture and sale of your products. Under the Safety Act, your products are considered to be items of motor vehicle equipment. As a manufacturer of motor vehicle e quipment, you are subject to the requirements in S151-159 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 products contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. I note that even though Standard No. 302 would not apply t o your product, the product's flammability characteristics could be relevant to whether it contained a safety related defect.

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 vehi cle or item of motor vehicle

equipment in compliance with an applicable Federal motor vehicle safety standard...." This section would prohibit any manufacturer, distributor, dealer, or repair business from installing your product in used vehicles if the effect of such installation was to render inoperative the compliance of the vehicle with any safety standard, including Standard No. 302.

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 products were placed in vehicles by the vehicle o wners, your products would not need to meet any FMVSSs. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302.

I hope this information is helpful. If you have any further questions about NHTSA's safety standards, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: 9459ez

Erika Z. Jones, Esq.
Mayer, Brown & Platt
2000 Pennsylvania Avenue, N.W.
Washington, D.C. 20006-1882

Dear Ms. Jones:

This responds to your letter asking for our concurrence that '103(d) of the National Traffic and Motor Vehicle Safety Act preempts a "California flammability standard" as that standard applies to child restraint systems. The standard you enclosed is California Business and Professions Code, Division 8, Chapter 3, '19006 and '19161. I apologize for the delay in this response.

Because it was not readily apparent from your letter that the California flammability standard applies to child restraint systems, Ms. Fujita of my staff contacted California state officials for more information about the standard. We were informed by Mr. Art Anderson, Chief of the California Highway Safety Office, that California does not have a flammability standard for child restraint systems. Mr. Anderson was aware that Federal Motor Vehicle Safety Standard (FMVSS) No. 302 applies to child restraints by way of S5.7 of FMVSS No. 213, "Child Restraint Systems."

As you point out, Federal preemption issues would arise if California had a flammability standard for child restraint systems that covered the same aspect of performance as FMVSSs 213 and 302. However, in view of Mr. Anderson's statement that California has no flammability standard for child restraint systems, we need not address those issues today.

We hope this information is helpful. Mr. Anderson of the California Highway Safety Office (telephone (916) 445-0527) said he will be happy to answer any questions you might have about California's requirements. If you any further questions about '103(d), please do not hesitate to contact us.

Sincerely,

John Womack Acting Chief Counsel

cc: Art Anderson ref:213#302 d:6/9/94

ID: nht88-3.31

TYPE: INTERPRETATION-NHTSA

DATE: 09/02/88

FROM: ERIKA Z. JONES -- NHTSA

TO: GERALD PETERSON -- TARACO ENTERPRISES INC.

TITLE: NONE

ATTACHMT: LETTER DATED 05/17/88 FROM GERALD PETERSON TO ERIKA JONES; OCC - 2052; LETTER DATED 08/28/87 FROM CARL C CLARK TO JERRY PETERSON; LETTER DATED 09/29/86 FROM DALE T FANZO TO DIANE STEED

TEXT: Dear Mr. Peterson:

This responds to your May 17, 1988 letter to me asking for "information on petitions filed, concerning the safety problems on trucks." You also enclosed for the agency's information materials on the product you manufacture called a "Truk-Hedrest." Accord ing to the brochures you sent, the Truk-Hedrest attaches to the rear window of a vehicle by means of velcro and "is designed to help protect the head of the driver and passenger of a truck or van in an accident when their head is snapped back against the rear window or bulkhead of a vehicle." You also enclosed a copy of an August 28, 1987 letter which Mr. Carl Clark of this agency sent you regarding your product. The latter part of this letter addresses statements in your brochures relating to our regu lations and the Truk-Hedrest.

The National Highway Traffic Safety Administration (NHTSA) shares your concern for light truck safety and is currently reviewing a number of actions intended to improve the protection for occupants of such vehicles. This review has been described in det ail in the enclosed reports to Congress issued by NHTSA in May 1987 ("Light Truck and Van Safety") and April 1988 ("Safety Programs for Light Trucks and Multipurpose Passenger Vehicles"). Among the rulemaking activities considered by NHTSA for light tru cks is a possible extension of Safety Standard No. 202, Head Restraints, to those vehicles. The agency is presently reviewing petitions for rulemaking on this subject from Mr. Dale T. Fanzo of Bethel Park, Pennsylvania and Mr. Mark E. Goodson of Lewisvi lle, Texas. I have enclosed copies of these petitions for your information.

With regard to the brochures and materials you sent on your product, I would like to first to make it clear that Mr. Clark's letter on the Truk-Hedrest only expressed his personal opinions and interests concerning your product. His letter does not repre sent any official agency position regarding light truck safety in general or regarding your product in particular. Mr. Clark's letter was neither an approval nor

endorsement of your product by this agency. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. In addition, the agency cannot as a matter of law and will not as a matter of policy determine t he extent, if any, of the occupant protection provided by any commercial product apart from the context of an actual enforcement proceeding. Thus, the agency does not concur in any manner with Mr. Clark's assessement that the Truk-Hedrest "does indeed pr ovide excellent head protection" or with any other statement as to the effectiveness of your product.

Second, your brochures imply that the Truk-Hedrest has been shown to help protect against possible neck and head injuries when tested to "NHTSA guidelines." NHTSA has neither adopted or even developed guidelines for testing the Truk-Hedrest. Again, in h is letter to you Mr. Clark provided only his personal opinion on certain aspects of your product testing program. He expressed no agency recommendations or "guidelines" for testing a product such as yours "for rear end collisions up to 50 MPH," or with bowling balls, since no such guidelines exist.

My final clarification concerns the statements in your brochures that the Truk-Hedrest "Passes MVSS-302 Test for fire and toxic fumes." Please note that Standard No. 302, Flammability of Interior Materials, addresses only the flammability resistance of v ehicle components and not the toxicity of gases from burning materials.

With respect to your statment about meeting the FMVSS 302 requirement regarding fire, please note that if the Truk-Hedrest did not in fact meet those requirements and were installed in a vehicle by a motor vehicle manufacturer, distributor, dealer or rep air business, there could be a violation of the National Traffic and Motor Vehicle Safety Act. Section 108 (a)(2)(A) of the Act prohibits those persons from rendering inoperative any device or element of design installed pursuant to the Federal motor ve hicle safety standards. 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 302.

To repeat, in his letter to you Mr. Clark was only expressing his personal opinions and interests concerning your product and made no statements that should be construed as official agency positions. NHTSA does not endorse the Truk-Hedrest nor do we mak e any determination on the extent, if any, of the occupant protection provided by your product. I regret any confusion that may have resulted from Mr. Clark's letter to you on the Truk-Hedrest.

Please contact my office if you have further questions.

ENCLOSURES

ID: nht94-3.47

TYPE: INTERPRETATION-NHTSA

DATE: June 28, 1994

FROM: William R. Willen -- Managing Counsel, American Honda Motor Co., Inc.

TO: Administrator -- NHTSA

TITLE: Petition for Honda Electric Vehicles in Accordance with FMVSS @ 555.6(c)

ATTACHMT: Attachment dated 7/25/94: Letter from John Womack to William Willen (Part 555 & 591)

TEXT: This petition is being sought by American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, CA, 90501, a California corporation, hereinafter referred to as "Honda." Honda plans to field test no more than twenty (20) electric vehicles ("HONDA-EV") over a three (3) year period, in order to gather field information. These HONDA-EV's will not be sold, however; they will be driven by various drivers, including, but not limited to: electric utilities, media Honda employees, commercial fleet drivers and, po ssibly, consumers. The field test is necessary to obtain "real world" usage patterns as well as overall field experience with electric vehicles. The technical and qualitative feedback from these field tests will enable Honda to develop and market a bet ter electric vehicle.

In accordance with FMVSS @ 555.6(c), the basis for this petition includes: "the development or field evaluation of a low-emission motor vehicle." The HONDA-EV for which Honda seeks an exemption meets all applicable regulations except the following FMVSS standards:

FMVSS Description Impact 103 As described in Attachment 1, a Operator instructions will make limited area on each side of clear the need to wait until the the windshield is only 87.5% clear, front glass is adequately compared to a standard of 95% defrosted prior to vehicle operation. The vehicles will clear, within the specified 40 be minute start period. This is operated mainly in California primarily due to the electrical where the milder weather should consumption requirements. minimize this concern. Additionally, vehicle parking is primarily indoors due to recharging requirements, where defrosting is even less of a concern. While these eight components do 302 PP plastic was used for several not prototype parts in order to meet the standard, all other minimize the tooling costs needed vehicle components do meet the to produce these few vehicles. PP standard, and the overall risk does not meet the fire-retardant of fire is not significantly increased. Additionally, the standard set forth in 302. risk of fuel-fed fire is greatly These components are described reduced in Attachment 2, and include: since there is no on-board gasoline or diesel fuel with Cover, Right Front Door; Cover, which Left Front Door; Console, Front; to contend. Lining, Rear Panel; Lining, Right Side, Lining, Left Side; Lining, Right Cowl Side; Lining, Left Cowl Side

These minor "non-compliances" will have no significant adverse affect on vehicle safety.

By providing this temporary exemption, field testing and evaluation will proceed rapidly. In addition, the full production version of this vehicle, currently scheduled for the 1998 model year, is planned to fully meet all FMVSS requirements, including t he above standards.

Enclosed: Attachment 1 (1 page) Attachment 2 (6 pages)