Interpretation ID: nht76-5.75

DATE: JULY 14, 1976

FROM: WILLIAM K. ROSENBERRY -- ATTORNEY AT LAW

TO: GEORGE SHIFFLETT -- OFFICE OF STANDARDS, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED AUGUST 19, 1978 FROM FRANK BERNDT, NHTSA, TO WILLIAM K. ROSENBERRY

TEXT: It is my understanding that you are responsible for enforcement of the standards promulgated by the Department of Transportation pursuant to the National Traffic and Motor Vehicle Safety Act. The purpose in my writing is to request information concerning the standards promulgated by the Secretary of Transportation.

I have a client which is anticipating the formation of a business in which new pick-up trucks would be purchased from manufacturers and re-outfitted in the cab area by providing a different seat, new carpeting, and headliners, and then sold through dealers to the general public. It is my understanding that the provisions of the National Traffic and Motor Vehicle Safety Act apply to a company in the position of my client, and in particular, Standard #302 relating to flammability of materials and Standard #207 relating to seating requirements.

I would appreciate knowing if a company in the position of my client which is remodeling new automobiles may rely on the warranty of a fabric manufacturer that the fabric sold meets the requirements of Section #302. A fabric supplier has recently stated that they are required under Federal Regulations to test each lot of fabric for flammability purposes before certification can be given. Please advise whether in fact such certification per lot is necessary by a fabric supplier. I would also appreciate being placed on any mailing list which your Department may keep in order that I may be informed of any future standards or changes which relate to this Act and the standards promulgated by the Secretary of Transportation.