Interpretation ID: 19766-1.pja
Mr. Brian Goodman
V.P. Marketing/OEM Relations
Katzkin Leather Interiors, Inc.
4110 Hinsdale Rd.
S. Euclid, OH 44121
Dear Mr. Goodman:
This responds to your letter concerning whether the "leather interiors" that your company manufactures for vehicle seating systems are "readily attachable components" as that term is used in our certification regulation (49 CFR Part 567). As explained below, our answer is no.
You state that your product replaces "the existing factory cloth interior of an automobile." In a June 8, 1999 telephone conversation with Paul Atelsek, formerly of my staff, you explained that your products are generally installed in the vehicle prior to its first retail sale but could be installed afterward. You also stated that the interiors are installed on existing seat frames in three to five hours using "hog rings," hog ring pliers, and glue, and that some expertise is required. You said that installation is done almost exclusively by professional installers, and that your products are "used and distributed by over 1,500 restylers and dealers nationwide."
This letter explains your responsibilities in meeting the statutes and regulations administered by the National Highway Traffic Safety Administration (NHTSA). You have also asked about your responsibilities and those of your restylers under private tort liability. Questions relating to private tort liability are determined by State law. You should therefore consult with your attorney or insurance company for answers to your questions about that matter.
By way of background information, NHTSA is authorized by 49 U.S.C. 30101 et seq. ("the Safety Act") to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards.
Your product installed as part of a new vehicle
A vehicle manufacturer installing your product on a new vehicle prior to the vehicle's sale would have to certify that the vehicle, with your interior, complies with all applicable standards. There are a number of standards that could be affected by the installation of your interiors. NHTSA issued Federal Motor Vehicle Safety Standard No. 302, "Flammability of interior materials," which sets flammability resistance requirements for cushions and seat backs and other components of new motor vehicles. Any person manufacturing a new vehicle with your leather interior must ensure that the seat covers, and the other components subject to Standard No. 302, possess the burn resistance characteristics required by the standard. The new vehicle's seats must also be able to meet the performance requirements of Standard No. 207, "Seating systems," with your product installed. The vehicle manufacturer may have incorporated sensors and other features in the seating system that affect the performance of the vehicle in meeting air bag deployment and other requirements of Standard No. 208, "Occupant crash protection." Further, Standard No. 201, "Occupant protection in interior impact," requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Manufacturers must ensure that installation of your product on the back of front seats achieves the requisite amount of cushioning needed to meet the standard. In addition, Standard No. 201 requires cushioning in other parts of the vehicle, such as the header and A-pillar areas.
New vehicles may be altered by dealers and restylers prior to their sale after they have been certified by their manufacturer. Our regulations cover two types of vehicle alterations. The first is, as your question notes, an alteration of a completed vehicle by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, which do not alter the vehicle's stated weight rating (49 CFR 567.6). This type of alteration does not involve any additional certification responsibilities by the alterer.
The second type of alteration is an alteration of a certified vehicle by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations, or an alteration in such a manner that the vehicle's stated weight ratings are no longer valid (49 CFR 567.7). A person or firm making this type of alteration, if done prior to the first purchase of the vehicle for purposes other than resale, must add a label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards and containing the name of the alterer (49 CFR 567.7).
In general, whether modifications involve "readily attachable components" depends on the difficulty in attaching those components. The agency has considered such factors as the intricacy of installation and the need for special expertise. We have previously stated that the addition of sub-flooring, padding, and carpeting to the floor of the vehicle may or may not involve the addition of "readily attachable components," depending on the amount of changes that were made to the vehicle itself.
Because your interiors require several hours to install by professional installers and require specialized tools for their installation, we would not consider your interior to be readily attachable or a minor finishing operation. Therefore, a company installing your interior prior to first sale would have to certify that the vehicle continues to comply with applicable safety standards.
Your product installed as aftermarket equipment
There is no safety standard that directly applies to your product if your product were sold for installation in used vehicles (as contrasted with installation on new vehicles before delivery of the vehicle to the first purchaser.) As discussed above, several of our safety standards that apply to a vehicle's seating system, and which may be affected by your product's installation, apply to new completed vehicles, not to aftermarket components. Nonetheless, businesses that modify the vehicle are limited in their modifications by 49 U.S.C. 30122. That section of our statute prohibits a motor vehicle manufacturer, dealer, distributor, or repair business from installing any modification that "make[s] inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard . . . ." Any person in the aforementioned categories that installs your interior in a motor vehicle and that makes inoperative the compliance of a device or element of design on the vehicle would be violating 30122. Persons violating this section are subject to fines of up to $1,100 per violation.
We also note that the Safety Act requires manufacturers of motor vehicles and motor vehicle replacement equipment to ensure that their products are free of safety-related defects. Accordingly, you and any manufacturer installing your product in a new vehicle must ensure that the product is defect-free. If it were determined that the interiors had a safety-related defect, all purchasers would have to be notified and the defective item repaired or replaced without charge.
Individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles. You might wish to consult State regulations to see whether installation of your interiors would be permitted under State law.
I hope you find this information helpful.
Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA#201#302
d.9/29/99