Interpretation ID: nht89-3.23

TYPE: Interpretation-NHTSA

DATE: October 26, 1989

FROM: Susan Birenbaum -- Acting General Counsel, U.S. Consumer Product Safety Commission

TO: Stephen Wood -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7-19-90 to S. Birenbaum from P. J. Rice; (A35; VSA 102(4); and photos (text omitted); and undated Consumer Product Incident Report for D. Jaeger

TEXT:

I am writing to request your assistance in determining whether a product manufactured by IG-LO Products and marketed under the brand name "kwik kool" is an item of "motor vehicle equipment" as that term is defined by section 102(4) of the National Traffi c and Motor Vehicle Act (15 U.S.C. S1391(4)). As you know, section 3(a)(1)(C) of the Consumer Product Safety Act (CPSA) (15 U.S.C. S2052(a)(1)(C)) excludes "motor vehicle equipment" from those "consumer products" which are subject to the authority of th e Consumer Product Safety commission under the CPSA.

The product in question is intended to improve the performance of an automobile's air-conditioner. Copies of the package of the product are enclosed. The warnings and instructions printed on the container of the product are reproduced on the second pag e of the enclosed report of a consumer complaint concerning this product.

The labeling and packaging of the product indicate that the product is intended for use with a motor vehicle and for no other purpose. The directions on the package and container also indicate that the product is intended to be used primarily by the ope rator of a motor vehicle. Previous correspondence from your office suggests that the product under consideration would fall within the definition of "motor vehicle equipment" codified at 15 U.S.C. S1391(4). However, the individual who made the enclosed complaint has told a member of the Commission staff that when he registered a similar complaint with the National Highway Traffic Safety Administration, he was advised that the product is not subject to your agency's authority.

If your office concludes that the product is not an item of "motor vehicle equipment," we would appreciate a response to that effect. If you conclude that it is motor vehicle equipment, please forward the enclosed complaint to the appropriate staff of y our agency.

Section 6(b) of the CPSA (15 U.S.C. S2055(b)), requires that before the Commission may release information about a product identified by manufacturer, it must first provide the manufacturer of the product with a summary of the information and an opportun ity to comment on its accuracy. However, section 29(e) of the CPSA (15 U.S.C. S2078(e)) authorizes the Commission to provide information about products to other agencies of the Federal Government without having followed the procedure required by section 6(b), provided that the agency receiving the information does not disclose it to the general public.

The information in this letter about the product under consideration is subject to the provisions of section 6(b) of the CPSA. The Commission has not provided the manufacturer with either a summary of this information or the opportunity to comment on it s accuracy. For this reason, I request your assistance in not disclosing it to the general public.

If you need additional information about this inquiry, please call Allen F. Brauninger of this office at 492-6980.

Thank you for your assistance with this matter and our other recent inquiries.