Interpretation ID: nht88-1.23

TYPE: INTERPRETATION-NHTSA

DATE: 02/01/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Bureau of Economic Analysis

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Edgar G. Meyer Bureau of Economic Analysis Florida Department of Commerce 407 Fletcher Building Tallahassee, FL 32399-2000

Dear Mr. Meyer:

This responds to your November 24, 1987 letter asking about the applicability of Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials, to the manufacture of automobile seat cushions and seat backs. Specifically, you asked whether it would be permissible if the fabric (i.e., felt) from which the seat cushions and seat backs would be manufactured were made from "old clothes and rags." Standard No. 302 neither specifies nor prohibits any particular type of raw material used to manufacture seat backs and seat cushions. The felt must meet the flammability requirements of the standard if it is used for cushions and seat backs for new motor vehicles. Also, felt used to manufacture seat cushions and seat backs for new and used motor vehicles must contain no safety related defects.

The National Traffic and Motor Vehicle Safety Act and NHTSA regulations require manufacturers of new motor vehicles to certify that their vehicles comply with all applicable Federal motor vehicle safety standards, including Standard No. 302. Standard No. 302 specifies burn resistance requirements for materials used to manufacture seat cushions and seat backs on new passenger cars, multipurpose passenger vehicles, trucks and buses. Thus, any person manufacturing a new vehicle with seat backs and seat cus hions made from the felt material you described must ensure that the seat backs and cushions possess the burn resistance characteristics required by Standard No. 302. If the felt can meet those requirements, it may be used in new motor vehicles in satisf action of Standard No. 302, regardless of the felt's raw materials.

The felt manufacturer should also be aware that the Vehicle Safety Act requires all vehicle and equipment manufacturers to ensure that their products contain no defects relating to motor vehicle safety. If it were determined by the manufacturer or this a gency that the seat cushions and seat backs had a safety related defect, all purchasers of the vehicle containing the defective equipment would have to be notified and the defective item repaired or replaced without charge.

If the felt material is used to manufacture items of motor vehicle equipment that are sold to vehicle owners for use in used vehicles (i.e., vehicles previously purchased in good faith for purposes other than resale), the felt need not meet Standard No. 302. In general, it would not violate Standard No. 302 to add aftermarket seat cushions to used vehicles, even if the addition of the seat cushions caused the vehicles to no longer comply with the standard.

This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the Safety Act. That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative vehi cle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ..." The flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 30 2. Thus, any person in the aforementioned categories that installed a seat cushion which did not comply with the flammability resistance requirements of Standard No. 302 would be rendering inoperative that element of design, and thereby violating a secti on 108(a)(2)(A). Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of section 108.

Again, the manufacturer of the aftermarket seat cushions would be obligated to recall and remedy cushions that are determined to contain a safety related defect, even if the cushions were installed by the vehicle owners themselves.

You asked about other Federal laws that might have a bearing on the manufacture of the felt material. You might wish to contact the Occupational Safety and Health Administration at (202) 523-8148 and the Environmental Protection Agency at (202) 475-8040 for information about the applicability of any of their statutes and regulations.

Sincerely, Erika Z. Jones Chief Counsel

STATE OF FLORIDA DEPARTMENT OF COMMERCE Division of Economic Development

November 24, 1987

Ms. Erika Z. Jones Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street, S.W., Room 5219 Washington, D.C. 20590

Dear Ms. Jones:

We have a British prospect who is considering moving to Florida to manufacture felt for car seat cushions and seat backs. He will be using old clothes and rags as raw materials.

Pursuant to our telephone conversation with Ms. Deidre Hom of Your office, it is our understanding that Standard No. 302: Flammability of Interior Materials (Vol. 49, Section 571.302 Code of Federal Regulations) applies to seat cushions and seat backs.

We would appreciate if you could provide us with a legal interpretation addressing the prospect's question: Is it legal in the U.S. to manufacture felt for car seat cushions and seat backs using old clothes and rags as raw materials?

The prospect will visit Florida in early December. We would like to be ready with an answer at that time. Our telefax number is 904/487-1407. If you have any questions please call me at 904/487-2971.

Thank you for your cooperation.

Sincerely, Edgar G . Meyer Economist EGM/mw cc: Deidre Hom