Interpretation ID: 7687
5961 St. Barbara St.
West Palm Beach, FL 33415
Dear Ms. Aupperlee:
This responds to your letter asking about the Federal requirements that apply to the "Cool Cover," an accessory for child restraint systems.
According to your letter, the purpose of the Cool Cover is to prevent a restraint system from becoming so hot from sun and heat in a vehicle that it can burn a child. The Cool Cover would shield the restraint while the restraint is not being used. You explain that when the restraint is used, the Cool Cover can be partially stored in a pouch. The pouch would be positioned at the top of the restraint for the child to use as a pillow.
By way of background information, 103 of the National Traffic and Motor Vehicle Safety Act ("Safety Act," 15 U.S.C. 1392) authorizes NHTSA to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.
In response to your question, there are currently no Federal motor vehicle safety standards (FMVSS) that directly apply to the product you wish to manufacture. Under the authority of the Safety Act, NHTSA has issued Standard No. 213, Child Restraint Systems, which specifies requirements for child restraint systems used in motor vehicles and aircraft. However, Standard No. 213 applies only to new child restraint systems and not to aftermarket components of a child restraint system, such as an aftermarket cover for the restraint.
I note, however, that there are other Federal laws that indirectly affect your manufacture and sale of the Cool Cover. Under the Safety Act, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in 151-159 of the Safety Act concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your cover contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
Manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 108(a)(2)(A) of the Safety Act, which states: "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 or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard ...." It appears unlikely from the nature of your product that it would be placed in vehicles by persons in the aforementioned categories. However, if your product were to be installed by these persons, they should ensure that its installation does not compromise the safety protection provided by a child restraint system.
A child restraint has elements of design that could be rendered inoperative by the Cool Cover. Standard No. 213 sets flame-retardant performance requirements for materials used in a child restraint system. (See S5.7 of Standard No. 213, referencing Standard No. 302, "Flammability of Interior Materials.") Installation of rapidly burning materials could vitiate the compliance of the child restraint with Standard No. 213. Also, Standard No. 213 sets crash performance requirements for all new child restraint systems. Persons in the categories listed in 108(a)(2)(A) would have to ensure that the Cool Cover does not impair the function of the restraint's belts or other operating parts. (We note the statement in your letter that the Cool Cover does not impair the restraint's belts, etc.) Section 109 of the Safety Act specifies a civil penalty of up to $1,000 for each violation of 108.
The "render inoperative" prohibition of 108(a)(2)(A) does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment. Thus, if the Cool Cover were placed on restraints by the restraint owners, your product need not meet any FMVSS. Nevertheless, in the interest of safety, we suggest you consider conforming your product to a flammability resistance standard equivalent to Standard No. 302. Also, you might consider providing consumer instructions that would reduce the likelihood that the Cool Cover might be used in a way that could interfere with the safety of the restraint. This might include an instruction on how to position the Cool Cover so that the restraint's belts would perform properly in a crash.
I hope this information is helpful. If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosure
ref:213 d:10/28/92