Interpretation ID: nht90-1.48

TYPE: INTERPRETATION-NHTSA

DATE: FEBRUARY 20, 1990

FROM: BARBARA J. KELLEHER-WALSH -- HARTLEY ASSOCIATES INC.

TO: HENRY J. NOWAK -- U.S. HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 3-2-90 TO GEN. JERRY RALPH CURRY, NHTSA, FROM CONGRESSMAN HENRY J. NOWAK; ALSO ATTACHED TO LETTER DATED 8-22-89 TO DEIRDRE FUJITA, OFC. OF CHIEF COUNSEL FROM BARBARA J. KELLEHER-WALSH, HARTLEY ASSOCS. INC. AND LETTER DA TED 3-16-90 TO BARBARA J. KELLEHER-WALSH FROM STEPHEN P. WOOD, NHTSA; [REDBOOK A35; STD.213]

TEXT: Hartley Associates, Inc. is a woman-owned small business enterprise (WBE), certified by the State of New York, which is located in your Congressional District at 48 Heritage Court, Cheektowaga, NY 14225. The corporation was formed in 1986 for the purpos e of performing research, development, testing and evaluation in the field of automotive transportation safety and to provide consulting services to manufacturers of automotive restraint devices, both for children and adults.

In July 1989, Hartley Associates, Inc. was retained by Century Products Co., 9600 Valley View Road, Macedonia, Ohio 44056 for consulting services. Century Products Co. had recently developed an infant automotive restraint system equipped with a canopy s un visor (Model 580) and their concern was whether or not this design would meet the requirements of Federal Motor Vehicle Safety Standard Number 213 (FMVSS 213) - Child Restraints. We were requested to determine the FMVSS 213 requirements relevant to s un visors, perform whatever tests were deemed necessary and provide documentation ensuring that the Model 580 infant restraint complied with FMVSS 213.

Subsequently, we received two interpretations of FMVSS 213 regarding the use of sun visors which had been issued by the National Highway Traffic Safety Administration (NHTSA), Office of Chief Counsel (Mr. Dan Wilinsky, 12-31-86 and Mr. Bruce Smith, 6/4/8 7). Both of these interpretations stated that a sun visor attached to an infant restraint system must comply with FMVSS 213, Section 5.2.3.2. Two dynamic sled tests were performed according to the requirements of FMVSS 213 in August of 1989. The resul ts of these tests showed that the Model 580 infant restraint complied with FMVSS 213, Section 5.2.3.2.

On August 22, 1989, Ms. Deirdre Fujita, Office of Chief Counsel was requested to issue an interpretation of S5.2.3.2 of FMVSS 213 with regard to the Century 580 infant restraint system with sun visor. A informed me that a meeting between NHTSA and Hartl ey Associates, Inc. was not necessary and that she would issue a letter of interpretation based on the information and test results provided by Hartley Associates, Inc.. During this seven month period, I have contacted Ms. Fujita five times by phone and once in person. She has informed me that the letter of interpretation was issued shortly after receipt of our letter but has been 'held up' by the approval process and she cannot anticipate a date for issuance.

I would sincerely appreciate any assistance you can provide in expediting this letter of interpretation. The lack of timeliness of the receipt of this interpretation is having a negative impact on the reputation of Hartley Associates, Inc. to provide a timely response to the requests of a customer.

If you have any questions I can be reached by telephone at (716) 892-6313 of by telefax at (716) 897-0515.