Interpretation ID: nht90-3.15

TYPE: Interpretation-NHTSA

DATE: July 12, 1990

FROM: Michael L. Hayes

TO: General Curry -- Administrator, NHTSA

TITLE: Re Petition for the Establishment of Transport Safety Standards Regarding Incubators Used to Transport New Born Infants

ATTACHMT: Attached to letter dated 7-12-90 from Michael L. Hayes to James Gilkey (OCC 5046); Also attached to letter dated 1-15-91 from Paul J. Rice to Michael L. Hayes (A37; Std. 213; FMVSS 102(4))

TEXT:

This petition prays that transport safety standards be established to provide the new born infant, institutionally transported for medical reasons, with the same basic protection (per F.M.V.S.S. 213) as that of a privately transported infant.

The transport incubators currently in use needlessly endanger the new born due to the lack of occupant protection, proper construction methods, and adequate anchoring systems. The principal reason given by some of the companies involved for the lack of compliance with child transport safety standards was due to the belief that the fragile nature of the new born renders known restraint techniques useless in providing the infant with a reasonable chance of survival. This is no longer the case.

The development of the moldable air-bag can provide even the most frail infant with a reasonable chance of survival as well as meet the special needs associated with the new born while under medical care. This is accomplished by providing the infant wit h a non-constricting pouch made of small air-bags that can be positioned within a larger bag and the air removed from same, thus locking into a customized shape (pouch). This system of restraint is more clearly described in the attached engineering anal ysis and patent disclosure.

As this is a well established industry, resistance to change by the manufacturers is substantial and is the principal reason for this petition. The medical personnel directly responsible for the new born, however, greatly support the upgrading of the sa fety standards and equipment. The manufacturers belief that this upgrading would not be profitable enough has placed transport safety as a low or non-existent priority. It is believed that the only way to insure that transport safety for the medically distressed infant is to receive the needed priority by the manufacturers is though the establishment of safety standards or the enforcement of F.M.V.S.S. 213 in this area.

Marginalia: Checked w/ Hayes 7/20 is submitting separate petition to administration