Interpretation ID: aiam2489
The Govmark Organization
Inc.
P.O. Box 807
Bellmore
NY
11710;
Dear Mr. Messina: This responds to your December 10, 1976, letter asking whether Standar No. 302, *Flammability of Interior Materials*, applies to the living area of motor homes and mobile homes.; The National Highway Traffic Safety Administration (NHTSA) no longe regulates mobile homes. The National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) ('the Mobile Home Act') established within the Department of Housing and Urban Development a comprehensive program for the regulation of mobile homes. We have concluded that one result of that statute's enactment was the implied repeal of the NHTSA's authority with respect to mobile homes. Accordingly, we consider that the enactment had the effect of amending the Vehicle Safety Act's definition of 'motor vehicle' to exclude 'mobile homes' as the latter term is defined in the Mobile Home Act.; A motor home, on the other hand, is classified as a multipurpos passenger vehicle (or a bus if it is designed to carry more than 10 persons) and is subject to the requirements of Standard No. 302. The standard mandates that certain enumerated components located within the vehicle occupant compartment meet specified burn test requirements. The living area of a motor home constitutes part of the vehicle occupant compartment, and therefore, any component listed in S4.1 of the standard and situated within the living area must comply with the standard.; Sincerely, Frank A. Berndt, Acting Chief Counsel