Interpretation ID: 1985-02.43

TYPE: INTERPRETATION-NHTSA

DATE: 06/18/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Ernest Astle

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Ernest Astle Purchasing Agent Alco Manufacturing Company P.O. Box 724 Logan, Utah 84321

Dear Mr. Astle:

This responds to your letter to Steve Kratzke of my staff asking for an interpretation of the requirements of Standard No. 302, Flammability of interior materials (49 CFR 571.302). Specifically you asked if the requirements of that standard apply to aftermarket seat covers. While the standard applies only to new motor vehicles, its requirements do indirectly affect some aftermarket seat covers. As explained in greater detail in the attached letter to Mr. Cederbaum regarding the same issue, rendering inoperative equipment or elements of design installed in a vehicle pursuant to the Federal motor vehicle safety standards is prohibited if done by certain commercial enterprises, but is permitted if done by the vehicle owner. Thus, if a seat cover in a complying vehicle were replaced with a noncomplying seat cover by one of those enterprises, that act would violate the above prohibition. The same act, if done by the owner, would not be a violation.

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

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosure

Alco Manufacturing Company

April 7, 1985

Steve Kratzke Office of Chief Council NHTSA Room #5219 400 7th Street S.W. Washington, D.C. 20590

Dear Steve

Reference to the phone call on February 22, 1985, concerning Motor Vehicle Saftey Standard NO. 302, pertaining to manufacturers of after market seat covers.

Does the after market manufacturer need to comply to the Federal Standard by law. Or does it not matter, except for product liability Insurance, if the covers should be flammable enough to cause fire.

I understand that as long as the ultimate consumer installs the covers the product Liability claim are void.

Do the Jobbers, that install covers, need to meet the 302 if they manufacturer covers?

J. C. Penney Company states that the 302 is their standard. Could this be their policy to protect them from any suits?

Please answer the above questions and statements by letter and/or by publication.

Thank You

Ernest Astle Purchasing Agent

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