Interpretation ID: 77-1.42

TYPE: INTERPRETATION-NHTSA

DATE: 03/08/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Trean Mfg. Corp.

TITLE: FMVSS INTERPRETATION

TEXT: 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 or 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. @ 1397(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 interior 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. @ 1397(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,

Treon Mfg. Corp.

FEBRUARY 4TH, 1977

CHIEF COUNSEL FRANK BERNDT

AS PER MY TELEPHONE CONVERSATION WITH MR. BOB WILLIAMS OF NHTSA, I AM WRITING TO YOU FOR LEGAL INTERPRETATION.

MY COMPANY MANUFACTURERS AND SUPPLIES VAN INTERIOR SOFT PARTS TO THE AFTER MARKET. OUR DISTRIBUTION IS EITHER DIRECT TO CONSUMER OR THROUGH WAREHOUSE DISTRIBUTORS, WHO IN TURN SERVE THE VAN OWNER.

WOULD YOU PLEASE GIVE US THE LEGAL INTERPRETATION OF THE LAWS GOVERNING THE USE OF FORMULA 302 TREATMENT IN FABRICS USED IN THE MANUFACTURE OF THESE PRODUCTS.

THANKING YOU IN ADVANCE FOR ANY COURTESIES EXTENDED.

ARTHUR WOLINSKY PRESIDENT