Interpretation 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