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Interpretation ID: GF009385

    Mr. Karl Genest
    518 Jodoin
    St-Bruno, Quebec
    CANADA
    J3V 6G8


    Dear Mr. Genest:

    This responds to your letter of December 9, 2004, asking if any Federal regulations apply to your invention, which you describe generally as an accessory that attaches to the seatback of a vehicles front seat. You did not provide a description of your product except to note that it attaches to the seatback, and that "when attached to the back of a cars front seat, [my device] would intrude somewhat into the space occupied by passengers of the back seat". You state that the intrusion would be similar to those of two "car seat organizers," the photographs of which you enclose in your letter. In a phone conversation with George Feygin of my staff, you indicated that you intend to market your product in stores directly to consumers (in the "aftermarket").

    By way of background, the National Highway Traffic Safety Administration (NHTSA) issues Federal motor vehicle safety standards applying to the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment sold in or imported into this country. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

    Because you did not describe your product, we are unable to provide an interpretation of the standards that could apply. However, we have the following general observations. Most of the Federal motor vehicle safety standards (FMVSSs) apply to the completed motor vehicle. Some FMVSSs apply to aftermarket equipment, including lamps and reflective devices, seat belt systems, and child restraints. Even if an FMVSS does not directly apply to your aftermarket product, there are several requirements that may affect you.

    First, 30122 of the Safety Act (49 U.S.C. Chapter 301) prohibits a manufacturer, distributor, dealer, or motor vehicle repair business from "making inoperative, in whole or in part" any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. That is, your device could not be installed by such businesses if they determine that the installation of your invention would adversely affect the vehicles compliance with any safety standard.

    With regard to your question about "possible intrusion zone" requirements affecting your product, it is possible that installation of this device could affect compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 201, Occupant protection in interior impact. This standard establishes performance requirements designed to reduce the risk of injury in the event an occupant strikes the interior of a vehicle during a crash. S5.2 of FMVSS No. 201 specifies that an area of the seat back that is within the "head impact area," as defined in 49 CFR 571.3 (enclosed), is subject to the head impact protection requirements of the standard. In addition, installation of your product could affect the vehicles compliance with the flammability resistance requirements of FMVSS No. 302, Flammability of interior materials (enclosed). That standard establishes flammability resistance requirements for certain vehicle components, including seat backs.

    The make inoperative provision does not apply to vehicle owners modifying their own vehicles. However, we recommend that owners not degrade the safety of their vehicles.

    Second, please note that motor vehicle accessories are items of "motor vehicle equipment" subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the product and remedying the problem free of charge.

    Third, I am enclosing a copy of a procedural rule that applies to all manufacturers subject to the regulations of this agency. 49 CFR Part 551, Procedural Rules, Subpart D, requires all manufacturers headquartered outside of the United States to designate an agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information:

    1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made;
    2. The full legal name, principal place of business and mailing address of the manufacturer;
    3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;
    4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
    5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States corporation; and,
    6. The full legal name and address of the designated agent.

    In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.

    If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosures
    ref:201
    d.2/16/05