Interpretation ID: creativecolors.jeg

Ms. JoAnn Foster
Chairman of the Board
Creative Colors International
5550 W. 175th Street
Tinley Park, IL 60477

Dear Ms. Foster:

This responds to your e-mail in which you ask about the repair of the outer skins of air bag module systems. You stated that your company is a national franchiser, providing on-site mobile services to the auto industry. These services include repairing, recoloring, and restoring both new and used automobile parts consisting of leather, vinyl, plastics, and fabric.

You stated that you are often asked to repair minor abrasions on the outer skin covers of air bag modules. These requested repairs may be for new or used vehicles. You indicated that it is your current policy not to do any type of repair work that is part of the air bag module, but you would like information to help define what might be safely repaired. You cited the following issues of concern:

1. What are standards or regulations for a water-based coating applied over the original skin?

2. Can the materials surrounding the air bag system be repaired (not to include the seam)?

3. What are specifications of air bag modules regarding heat sensitivity to its outer skin? With the new side seat panel, the upholstery completely covers the air bag including the front bolster and it is difficult to detect location.

I would like to comment first that you are right to be concerned about the possible safety consequences of repairing the outer skins of air bag module systems. We appreciate the concerns you have about the safety of your customers.

While we can provide a summary of the legal issues related to the question you asked, I regret that we cannot provide you with specific technical information in response to your questions. It is certainly possible that coating the original air bag skin, repairing the materials surrounding the air bag system, and using heat near the air bag could adversely affect air bag performance. To analyze these issues, however, one would need to know the details of the actions being taken and the design details of the vehicle and the air bag system being repaired. We believe the parties which could provide the best assistance with your technical questions would be vehicle and air bag manufacturers.

I will now turn to the legal issues raised by your questions. The National Highway Traffic Safety Administration is authorized to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new motor vehicle equipment. One of the standards we have issued is Standard No. 208, Occupant Crash Protection (49 CFR 571.208). Manufacturers install frontal air bags as part of complying with the occupant protection requirements of Standard No. 208. Other types of air bags, including side air bags, might have been installed as part of complying with Standard No. 201, Occupant Protection in Interior Impact, and Standard No. 214, Side Impact Protection.

Federal law prohibits the manufacture or sale of any new motor vehicle or new item of motor vehicle equipment that does not conform to all applicable Federal motor vehicle safety standards in effect at the time of manufacture. In addition, manufacturers, distributors, dealers, and repair businesses are prohibited from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard (49 USC 30122). I note that the "make inoperative" provision applies to both new and used vehicles.

To avoid violating these provisions, dealers and other entities making the kinds of repairs to the air bag skin and surrounding materials that you describe should ensure that the repairs do not result in the performance of the air bag being degraded.

Repairs that might affect air bag performance could also raise potential civil liability under tort law. This would be a matter of state law, and a private attorney could advise you about that subject.

I hope this information is helpful. If you have any further questions, please feel free to call Edward Glancy of my staff at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

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d.11/5/01