ID: nht95-1.87

TYPE: INTERPRETATION-NHTSA

DATE: March 3, 1995

FROM: Philip R. Recht -- Chief Counsel, NHTSA

TO: Patricia Jackson -- Patael Company

TITLE: None

ATTACHMT: ATTACHED TO 12/19/94 EST. LETTER FROM PATRICIA JACKSON TO MR. RACHT

TEXT: This responds to your letters asking about safety standards, particularly those about fire safety, for a product you call the Booster Buddy Cushion. According to promotional literature accompanying your letter, the Booster Buddy Cushion is placed under infant/toddler car seats to protect the car's upholstery and to provide additional comfort to young children. The literature also indicates that older children situated in booster seats (and on actual vehicle seats) could lean on this device.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, appro ve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represen ts our opinion based on the information set forth in your letter and promotional literature.

There currently are no Federal motor vehicle safety standards (FMVSSs) that directly apply to the Booster Buddy Cushion. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." The standard does not apply to accessory items, such as a pad/cushion that is used with a child safety seat.

While no FMVSS applies to the Booster Buddy Cushion, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. @@ 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the Booster Buddy Cushion would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. @ 30122 prohibits those businesses from installing the device if the installation "make s inoperative" compliance with any safety standard. Our FMVSSs require specific levels of performance for materials used in the occupant compartment of motor vehicles. Specifically, FMVSS No. 302 specifies flammability resistance requirements for vehic le interiors. Any person listed in @ 30122 who installs a Booster Buddy Cushion must ensure that the product does not undermine the vehicle's compliance with those flammability resistance requirements.

The prohibition of @ 30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

We note that the pad/cushion you wish to manufacture can be used without a child seat, to cushion and support the head of a sleeping older child. We do not consider the pad/cushion to "position children" in a manner that a child seat positions children to better use a vehicle's belt system. Rather, the Booster Buddy Cushion simply provides a surface that a child may lean on. However, we are concerned about the possibility that consumers might use your product, instead of a child seat, with a child wh o should be restrained in a car seat. We recommend that you inform consumers purchasing your product that the Booster Buddy Cushion is not a child restraint system and must not be used as one.

I hope this information has been helpful. If you have any other questions, please contact Marvin Shaw or Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

ID: 2522y

AIR MAIL

Mr. Ed McCarron Western Star Trucks Inc. 2076 Enterprise Way Kelowna, British Columbia, Canada V1Y 6H8

Dear Mr. McCarron:

This responds to your letter asking about the application of Safety Standard No. 302, Flammability of Interior Materials, to a particular mattress design, and how the mattress would be tested under the standard. I regret the delay in responding.

Paragraph S4.1 of Standard 302 sets forth a listing of the vehicle occupant compartment components that must be certified as complying with the flammability resistance requirements of paragraph S4.3. Paragraph S4.1 includes a reference to "mattress covers." You ask whether NHTSA would consider six components of your mattress design to be included in the term "mattress cover" and thus subject to Standard 302. (The first five components you ask about, and a portion of the sixth, satisfy the criterion in S4.2 of being within 1/2 inch of the occupant compartment air space.)

As we understand your sketch, the first three components (which you called the "cover," "foam" and "foam backing") encase the mattress core, or filling. As such, if our understanding is correct, these three constitute the mattress ticking, which we consider as the fabric case permanently enclosing the filling of a mattress. NHTSA has said in past interpretations of Standard 302 that the term "mattress cover" includes both a removable covering put over a finished mattress and the mattress ticking. Thus, the first three components would be subject to the standard.

These three components, which you said in a telephone conversation are quilted together, would be tested separately under S4.2.1 of the standard if they do not adhere to other materials at every point of contact. (The fact that these three are quilted, or stitched, indicates to us that they do not so adhere.) If any of these components adhere to other material at every point of contact, then it would be tested as a composite with the other material.

The fourth component in your sketch is the mattress "fill." Paragraph S4.1 of the standard lists mattress covers only. NHTSA has consistently interpreted S4.1 as not including the mattress filling.

The fifth component is a fabric "corner reinforcement" that appears to be approximately two inches in length and stitched on the outside of the mattress cover. NHTSA indicated in interpretative letters of Standard 302 dated December 15, 1972 and May 1, 1972 that a component that is "incorporated into" a component that is listed in S4.1 is subject to the standard. (The agency said in the December 1972 letter that "mattress cover" includes tufting, since tufting is incorporated into mattress covers.) Since the fifth component is sewn to the corner of the mattress and appears to be made part of the mattress cover, we believe that the corner reinforcement is incorporated into the mattress cover. Thus, the fifth component would be subject to the standard. If it does not adhere to another material at every point of contact, it is tested separately under S4.2.1.

The sixth component is the "fill backing" which appears to be an internal divider between the mattress fill and the springs. It appears from your sketch that the fill backing is not part of the mattress ticking, because the backing is inside the mattress and is separate from the mattress ticking. Thus, we conclude the sixth component is excluded from the standard.

I hope this information is helpful.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:302 d:6/29/90

ID: 2621y

AIR MAIL

Mr. Ed McCarron Western Star Trucks Inc. 2076 Enterprise Way Kelowna, British Columbia, Canada V1Y 6H8

Dear Mr. McCarron:

This responds to your letter asking about the application of Safety Standard No. 302, Flammability of Interior Materials, to a particular mattress design, and how the mattress would be tested under the standard. I regret the delay in responding.

Paragraph S4.1 of Standard 302 sets forth a listing of the vehicle occupant compartment components that must be certified as complying with the flammability resistance requirements of paragraph S4.3. Paragraph S4.1 includes a reference to "mattress covers." You ask whether NHTSA would consider six components of your mattress design to be included in the term "mattress cover" and thus subject to Standard 302. (The first five components you ask about, and a portion of the sixth, satisfy the criterion in S4.2 of being within 1/2 inch of the occupant compartment air space.)

As we understand your sketch, the first three components (which you called the "cover," "foam" and "foam backing") encase the mattress core, or filling. As such, if our understanding is correct, these three constitute the mattress ticking, which we consider as the fabric case permanently enclosing the filling of a mattress. NHTSA has said in past interpretations of Standard 302 that the term "mattress cover" includes both a removable covering put over a finished mattress and the mattress ticking. Thus, the first three components would be subject to the standard.

These three components, which you said in a telephone conversation are quilted together, would be tested separately under S4.2.1 of the standard if they do not adhere to other materials at every point of contact. (The fact that these three are quilted, or stitched, indicates to us that they do not so adhere.) If any of these components adhere to other material at every point of contact, then it would be tested as a composite with the other material.

The fourth component in your sketch is the mattress "fill." Paragraph S4.1 of the standard lists mattress covers only. NHTSA has consistently interpreted S4.1 as not including the mattress filling.

The fifth component is a fabric "corner reinforcement" that appears to be approximately two inches in length and stitched on the outside of the mattress cover. NHTSA indicated in interpretative letters of Standard 302 dated December 15, 1972 and May 1, 1972 that a component that is "incorporated into" a component that is listed in S4.1 is subject to the standard. (The agency said in the December 1972 letter that "mattress cover" includes tufting, since tufting is incorporated into mattress covers.) Since the fifth component is sewn to the corner of the mattress and appears to be made part of the mattress cover, we believe that the corner reinforcement is incorporated into the mattress cover. Thus, the fifth component would be subject to the standard. If it does not adhere to another material at every point of contact, it is tested separately under S4.2.1.

The sixth component is the "fill backing" which appears to be an internal divider between the mattress fill and the springs. It appears from your sketch that the fill backing is not part of the mattress ticking, because the backing is inside the mattress and is separate from the mattress ticking. Thus, we conclude the sixth component is excluded from the standard.

I hope this information is helpful.

Sincerely,

Paul Jackson Rice Chief Counsel

/ref:302 d:7/ll/90

ID: nht95-4.35

TYPE: INTERPRETATION-NHTSA

DATE: September 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Karey Clock -- Moriden America, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 8/7/95 LETTER FROM KAREY CLOCK TO JOHN WOMACK (OCC 11120)

TEXT: Dear Ms. Clock:

This responds to your inquiry about testing procedures in Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials. In particular, you asked whether certain materials, which you list as flat woven, double raschel, tricot, and moq uette, should be tested by using support wires. The short answer is that during NHTSA compliance testing, support wires may be used in testing any specimen that "softens or bends at the flaming end so as to cause erratic burning." However, the agency ca nnot specify, outside of the context of a compliance test, whether a given type of material falls in this category.

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

You ask about Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. Along with specified performance requirements, Standard No. 302 sets forth conditions and procedures u nder which NHTSA tests materials for compliance with the standard. Section S5.1.3 of the standard states, in relevant part, that

The test specimen is inserted between two matching U-shaped frames of metal stock 1-inch wide and 3/8 of an inch high. The interior dimensions of the U-shaped frames are 2 inches wide by 13 inches long. A specimen that softens and bends at the flami ng end so as to cause erratic burning is kept horizontal by supports consisting of thin, heat resistant wires, spanning the width of the U-shaped frame under the specimen at 1-inch intervals. A device that may be used for supporting this type of materia l is an additional U-shaped frame, wider than the U-shaped frame containing the specimen, spanned by 1 -- mil wires of heat resistant composition at 1-inch intervals, inserted over the bottom U-shaped frame.

You ask whether certain specific types of materials could be tested using the supplemental wire described in S5.1.3. The agency uses supplemental wires when there is a reasonable expectation that a test specimen will soften and bend while burning. The agency bases its determination about the likelihood of softening and bending on observations made in previously-conducted compliance tests of the specimen, or on the agency's knowledge of or testing experience with components that are highly similar to a test specimen. However, since a decision to use wires is made only in the context of compliance testing, we regret that we cannot tell you at this time whether support wires will be used to test the materials you listed.

Vehicle manufacturers are not required by Standard No. 302 to test the flammability of their vehicles in the manner specified in the standard. The standard only sets the procedure that the agency will use in its compliance testing. Thus, a vehicle manu facturer is not required to use wires only with specimens that are anticipated to soften or bend. However, vehicle manufacturers must exercise due care in certifying that their product will meet Standard No. 302's requirements when tested by NHTSA accor ding to the specified procedures of the standard. Whether a vehicle manufacturer has met that due care standard when using support wires in situations other than those described in Standard No. 302 is a matter that can be determined only in the context of an enforcement proceeding.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.

ID: nht95-7.2

TYPE: INTERPRETATION-NHTSA

DATE: September 25, 1995

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Karey Clock -- Moriden America, Inc.

TITLE: NONE

ATTACHMT: ATTACHED TO 8/7/95 LETTER FROM KAREY CLOCK TO JOHN WOMACK (OCC 11120)

TEXT: Dear Ms. Clock:

This responds to your inquiry about testing procedures in Federal Motor Vehicle Safety Standard No. 302, Flammability of Interior Materials. In particular, you asked whether certain materials, which you list as flat woven, double raschel, tricot, and moquette, should be tested by using support wires. The short answer is that during NHTSA compliance testing, support wires may be used in testing any specimen that "softens or bends at the flaming end so as to cause erratic burning." However, the agency cannot specify, outside of the context of a compliance test, whether a given type of material falls in this category.

By way of background information, NHTSA is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

You ask about Standard No. 302, which specifies requirements for the flammability resistance of materials in the occupant compartment of new vehicles. Along with specified performance requirements, Standard No. 302 sets forth conditions and procedures under which NHTSA tests materials for compliance with the standard. Section S5.1.3 of the standard states, in relevant part, that

The test specimen is inserted between two matching U-shaped frames of metal stock 1-inch wide and 3/8 of an inch high. The interior dimensions of the U-shaped frames are 2 inches wide by 13 inches long. A specimen that softens and bends at the flaming end so as to cause erratic burning is kept horizontal by supports consisting of thin, heat resistant wires, spanning the width of the U-shaped frame under the specimen at 1-inch intervals. A device that may be used for supporting this type of material is an additional U-shaped frame, wider than the U-shaped frame containing the specimen, spanned by 1 -- mil wires of heat resistant composition at 1-inch intervals, inserted over the bottom U-shaped frame.

You ask whether certain specific types of materials could be tested using the supplemental wire described in S5.1.3. The agency uses supplemental wires when there is a reasonable expectation that a test specimen will soften and bend while burning. The agency bases its determination about the likelihood of softening and bending on observations made in previously-conducted compliance tests of the specimen, or on the agency's knowledge of or testing experience with components that are highly similar to a test specimen. However, since a decision to use wires is made only in the context of compliance testing, we regret that we cannot tell you at this time whether support wires will be used to test the materials you listed.

Vehicle manufacturers are not required by Standard No. 302 to test the flammability of their vehicles in the manner specified in the standard. The standard only sets the procedure that the agency will use in its compliance testing. Thus, a vehicle manufacturer is not required to use wires only with specimens that are anticipated to soften or bend. However, vehicle manufacturers must exercise due care in certifying that their product will meet Standard No. 302's requirements when tested by NHTSA according to the specified procedures of the standard. Whether a vehicle manufacturer has met that due care standard when using support wires in situations other than those described in Standard No. 302 is a matter that can be determined only in the context of an enforcement proceeding.

I hope you find this information helpful. If you have any other questions, please contact Marvin Shaw at this address or by phone at (202) 366-2992.

ID: 11241

Mr. Richard P. Cuvala
Trix Mfg. Co. Inc.
500 W. Irving Pk. Rd.
Bensenville, IL 60106

Dear Mr. Cuvala:

This responds to your letter of September 10, 1995, concerning "conference and display vehicles" you have been asked to manufacture for a client. The vehicles used are cargo vans with a gross vehicle weight rating of 9200 pounds. You convert the cargo area of the van to a product display and conference area. Your letter contained an illustration of the vehicle, indicating an L-shaped seating area behind the driver and front passenger seats. Your letter states that this area is not intended for transport of people. You asked whether such a vehicle must comply with "seating and occupant orientation and restraint directives." As explained below, the seats in such a vehicle would have to comply with federal standards on seats and seat belts if the modification is done prior to the first retail sale of the vehicle.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal Motor Vehicle Safety Standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. NHTSA does not approve or certify any vehicles or items of equipment. Instead, each manufacturer is required to certify that its motor vehicles comply with all applicable Federal safety standards prior to their sale or import. NHTSA's certification regulations are set forth in 49 CFR Part 567.

Conversion Prior to Sale

Your letter does not state whether the conversion of the cargo area of these vehicles is done before or after the first retail sale of the vehicles. Prior to the first retail sale of a vehicle, the vehicle is considered to be "new." If the conversion is done prior to the first retail sale, your company would be considered an "alterer" under our regulations. A person who alters a previously certified new vehicle also must certify that the altered vehicle complies with all applicable standards (49 CFR '567.7).

The seats in a new vehicle must comply with federal regulations if they are "designated seating positions." A "designated seating position" is defined in 49 CFR 571.3 as:

any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design is such that the position is likely to be used as a seating position while the vehicle is in motion.

While you indicate that the vehicles are not intended to transport people except in the front seats, the design of the seating area is similar to other vehicle seats. Therefore, it appears from their design that these seats are likely to be used and are therefore designated seating positions.

NHTSA has exercised its authority to establish five safety standards which could be relevant to seats in these vehicles: Standard No. 207, Seating Systems (49 CFR 571.207), Standard No. 208, Occupant Crash Protection (49 CFR 571.208), Standard No. 209, Seat Belt Assemblies (49 CFR 571.209), Standard No. 210, Seat Belt Assembly Anchorages (49 CFR 571.210), and Standard No. 302, Flammability of Interior Materials (49 CFR 571.302).

Standards Nos. 207, 208, 210, and 302 apply, with certain limited exceptions not relevant to your conversion, to vehicles and not directly to items of equipment. Standard No. 207 establishes requirements for seats, their attachment assemblies, and their installation to minimize the possibility of their failure in a crash. Standard No. 207 does not require a specific orientation for seats. However, some of the requirements are different for side- and rear-facing seats like those illustrated in your attachment.

Standard No. 208 specifies seat belt requirements for seating positions in vehicles. For the seats in the rear of your vehicles, Standard No. 208 would require lap belts at each designated seating position. Standard No. 210 specifies performance requirements for seat belt anchorages. Standard No. 302 specifies burn resistance requirements for materials used in the interior of motor vehicles. Standard No. 302 would affect not only the seats, but also installation of other materials in these vehicles.

Standard No. 209 applies to seat belt assemblies as separate items of motor vehicle equipment, regardless of whether the belts are installed as original equipment in a motor vehicle or sold as replacements. Thus, the manufacturer is required to certify that the seat belts comply with Standard No. 209. If you do not manufacture the seat belts yourself, you should install only belts certified by their manufacturer. This is true regardless of whether the conversion occurs before or after the first sale of the vehicle.

Conversion After Sale

If the conversion is done on a used motor vehicle, you do not have to certify that the vehicle complies with Standards Nos. 207, 208, 210, and 302. However, 49 USC '30122 provides, in pertinent part:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative, any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard. . . .

Thus, you could not convert these vehicles if the conversion affected a device or element of design, installed prior to sale, so as to cause the vehicles to no longer comply with any of the safety standards.

I hope you find this information helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

ref:207#208#209#210#302 d:12/8/95

ID: nht90-3.3

TYPE: Interpretation-NHTSA

DATE: June 29, 1990

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Ed McCarron -- Western Star Trucks Inc.

TITLE: None

ATTACHMT: Telefax dated 6-22-90 to Dee Fujita from Ed McCarron attached.

TEXT:

This responds to your letter asking about the application of Safety Standard No. 302, Flammability of Interior Materials, to a particular mattress design, and how the mattress would be tested under the standard. I regret the delay in responding.

Paragraph S4.1 of Standard 302 sets forth a listing of the vehicle occupant compartment components that must be certified as complying with the flammability resistance requirements of paragraph S4.3. Paragraph S4.1 includes a reference to "mattress cove rs." You ask whether NHTSA would consider six components of your mattress design to be included in the term "mattress cover" and thus subject to Standard 302. (The first five components you ask about, and a portion of the sixth, satisfy the criterion i n S4.2 of being within 1/2 inch of the occupant compartment air space.)

As we understand your sketch, the first three components (which you called the "cover," "foam" and "foam backing") encase the mattress core, or filling. As such, if our understanding is correct, these three constitute the mattress ticking, which we cons ider as the fabric case permanently enclosing the filling of a mattress. NHTSA has said in past interpretations of Standard 302 that the term "mattress cover" includes both a removable covering put over a finished mattress and the mattress ticking. Thu s, the first three components would be subject to the standard.

These three components, which you said in a telephone conversation are quilted together, would be tested separately under S4.2.1 of the standard if they do not adhere to other materials at every point of contact. (The fact that these three are quilted, or stitched, indicates to us that they do not so adhere.) If any of these components adhere to other material at every point of contact, then it would be tested as a composite with the other material.

The fourth component in your sketch is the mattress "fill." Paragraph S4.1 of the standard lists mattress covers only. NHTSA has consistently interpreted S4.1 as not including the mattress filling.

The fifth component is a fabric "corner reinforcement" that appears to be approximately two inches in length and stitched on the outside of the mattress cover. NHTSA indicated in interpretative letters of Standard 302 dated December 15, 1972 and May 1, 1972 that a component that is "incorporated into" a component that is listed in S4.1 is subject to the standard. (The agency said in the December 1972 letter that "mattress cover" includes tufting, since tufting is incorporated into mattress covers.) S ince the fifth component is sewn to the corner of the mattress

and appears to be made part of the mattress cover, we believe that the corner reinforcement is incorporated into the mattress cover. Thus, the fifth component would be subject to the standard. If it does not adhere to another material at every point of contact, it is tested separately under S4.2.1.

The sixth component is the "fill backing" which appears to be an internal divider between the mattress fill and the springs. It appears from your sketch that the fill backing is not part of the mattress ticking, because the backing is inside the mattres s and is separate from the mattress ticking. Thus, we conclude the sixth component is excluded from the standard.

I hope this information is helpful.

ID: 2891o

Mr. J. Mark Smith
Lynco Products
815 Kelli Drive
Yuba City, CA 95991

Dear Mr. Smith:

This responds to your letter concerning the application of Federal safety standards to your manufacture of a "storage console-armrest." I regret the delay in responding. The illustration you included in your letter shows that the console apparatus is designed to be placed on a bench seat and is not attached in any manner to the seat structure. The console-armrest has a wood frame, is entirely covered with fabric, and has a hinged, padded top which can be flipped open for access to the storage area.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under the National Traffic and Motor Vehicle Safety Act (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information provided in your letter.

There is currently no Federal motor vehicle safety standard that is directly applicable to a removable console-armrest sold directly to a consumer as an item of "aftermarket" equipment. However, under Federal law you are considered a manufacturer of motor vehicle equipment, and are therefore subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your products contain a safety related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Safety Standard No. 201, Occupant Protection in Interior Impact, and No. 302, Flammability of Interior Materials, apply to new completed motor vehicles and set performance requirements for consoles and armrests installed on new motor vehicles prior to the vehicle's first sale to a consumer. While these standards do not apply directly to a console-armrest sold only as aftermarket equipment, installation of your product on both new and used vehicles may give rise to certain responsibilities on the part of any commercial business making the installation.

A manufacturer of a new vehicle installing your product on the vehicle prior to the vehicle's first sale to a consumer would be required to certify that the vehicle complies with all applicable Federal motor vehicle safety standards, including Standard No. 201. Paragraph S3.3 of the standard requires interior compartment door assemblies located in a console assembly to remain closed under certain test conditions. The purpose of the requirement is to prevent a door from flying open and striking an occupant in a crash. The door in your console would have to meet this requirement if your product is installed on a new vehicle prior to the vehicle's first sale. Your product would also have to comply with Standard No. 201's requirements for armrests specified in paragraph S3.5 of the standard if your console-armrest is installed in a new motor vehicle prior to the vehicle's first sale to a consumer.

Standard No. 302 specifies burn resistance requirements for certain vehicle components, including arm rests and compartment shelves. A vehicle manufacturer installing your product on a new vehicle would also have to ensure that the fabric on your console-armrest burns at a rate within the limits specified in the standard. I have enclosed copies of both Standards No. 302 and No. 201 for your information.

Section 108(a)(2)(A) of the Safety Act specifies that no manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal motor vehicle safety standard. This means that none of the persons mentioned could install your product in a new or used vehicle if the installation would destroy the vehicle's compliance with applicable Federal safety standards. For example, the flammability resistance of the original vehicle is an element of design installed in a motor vehicle in compliance with Standard No. 302. Thus, a manufacturer, distributor, dealer or motor vehicle repair business could not install a console-armrest that does not comply with Standard No. 302 in a new or used motor vehicle since to do so would render inoperative that element of design, and thus violate 108(a)(2)(A) of the Act. Section 109 of the Act specifies a civil penalty of up to $1,000 for each violation of 108.

In summary, your console-armrests that are sold to motor vehicle owners as items of aftermarket equipment are not subject to any Federal motor vehicle safety standard. The console-armrest could be subject to Federal standards for occupant interior and flammability protection if it is installed on new vehicles prior to the vehicle's first sale. Commercial businesses are prohibited from installing the console-armrest on new or used vehicles if the result renders inoperative the compliance of requisite safety components or designs with Federal safety standards. Individual owners, however, are not covered by 108(a)(2)(A) and may themselves install your product in their vehicles without regard to the rendering inoperative prohibition of the Safety Act. To repeat, you as the equipment manufacturer would be obligated to recall and remedy your products that contain a defect related to motor vehicle safety, even if the console-armrest were installed by vehicle owners themselves.

I hope this information has been helpful. Please feel free to contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures ref:201#302 d:8/26/88

ID: nht87-2.39

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Ms. Deborah Rutan

TITLE: FMVSS INTERPRETATION

TEXT:

Ms. Deborah Rutan Director of Marketing/Research The Rutabaga Co., Inc. P.O. Box 413 605 Robson Street Winona Lake, IN 46590

Dear Ms. Rutan:

This responds to your letter seeking an interpretation of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR S571.213; copy enclosed). Specifically, you sought our "comments and recommendations" on a child harness/vest that yo ur company has developed. I am pleased to have this opportunity to explain our statute and regulations to you.

As you noted in your letter, your product is a "child restraint system" within the meaning of section S4 of Standard No. 213. This means that is subject to all applicable requirements of the standard. From the pictures and descriptions of your harness/ve st included with your letter, it appears that the harness/vest would have to be modified to comply with four particular requirements in Standard No. 213.

The first requirement with which your harness/vest does not appear to comply is set forth in section S5.4.3.4(b) of Standard No. 213. That section provides that each child harness shall "provide lower torso restraint by means of lap and crotch belt." Th e pictures of your harness/vest show that it does not include a crotch belt to restrain the child's lower torso. You will have to modify the design of the harness/vest to include a crotch belt in order for your harness/vest to comply with the requirements of Standard No. 213.

The second requirement with which your harness/vest may not comply is the flammability resistance requirement incorporated in section S5.7 of Standard No. 213. That section provides, "Each material used in a child restraint system shall conform to the re quirements of S4 of FMVSS No. 302." I have enclosed a copy of Standard No. 302 for your information. As you will see, that standard requires that subject materials be resistant to flammability. You stated in your letter that the "vest fabric is a strong, yet lightweight, polyester jersey knit." It is not clear from this description if you knew your company has to certify that this vest fabric complies with the flammability resistance requirements specified in Standard No. 213.

The third and fourth requirements with which your harness/vest does not appear to comply are the labeling requirements in S5.5 of Standard No. 213 and the installation instructions in S5.6 of Standard No. 213. Both these requirements specify that certain information must be provided with each child restraint system. In the case of the labeling information, you are required to permanently label your harness/vest with the information specified in S5.5.2(a) through (1). Further, S5.5.3 requires that the in formation specified in S5.5.2(g) through (k) shall be located on the child restraint system so that it is visible when the system is properly installed in a vehicle. In the case of the installation instructions, S5.6.6 requires that the harness/vest have a location on it for storing your installation instructions. This could be satisfied by adding a pouch to the vest for storing these instructions.

In addition to these requirements, you would have to determine that the harness/vest complies with all the performance requirements set forth in S5 of Standard No. 213. Once you have made such a determination, you are required to certify that each harnes s/vest you manufacture satisfies all applicable requirements of Standard No. 213. This agency does not require that a manufacturer's certification be based on a specified number of tests of the child restraint, or any tests at all. Pursuant to the Nation al Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.), we only require that a manufacturer's certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint system complies with Standard No. 213. We would certainly recommend, however, that a manufacturer selling a new child restraint system test the system in accordance with the test procedures specified in Standard No. 213 before certifying that the new system complies with Standard No. 213. Once you determine that your harness/vest complies with all requirements of Standard No. 213, you would certify that compliance by placing a certification label on the harness/vest, as specified in section S5.5 of the standard.

You should also be aware of the fact that you will be a manufacturer of motor vehicle equipment if you manufacture your harness/vest for sale. As such, you will be subject to the requirements of sections 151-159 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411-1419), concerning the recall and remedy of products that either do not comply with an applicable safety standard or have defects related to motor vehicle safety. If it were determined that your harness/vest did not comply with a requirement of Standard No. 213 or that it had a defect related to motor vehicle safety, your company as the manufacturer would have to notify all purchasers of the noncompliance or defect and either:

1. repair the harness/vest so that the noncompliance or defect was removed; or

2. replace the harness/vest with an identical or reasonably equivalent product that does not have the noncompliance or defect.

Whichever of these options were chosen, your company as the manufacturer would have to bear the full expense of the notification and remedy. This means you could not charge the owners of the harness/vests anything for the remedy if those harness/vests we re purchased less than eight years before the notification campaign.

If you decide to manufacture these harness/vests for sale, you should also be aware of 49 CFR Part 566, manufacturer Identification (copy enclosed). This regulation requires a manufacturer of child restraint systems to submit its name, address, and a bri ef description of the child restraints it manufactures to this agency within 30 days of the date the child restraints are first manufactured.

Finally, I would like to make clear that this discussion of our requirements is not an agency "recommendation". NHTSA does not offer its opinion as to the value or practicality of any motor vehicles or motor vehicle equipment. When we are presented with questions from potential manufacturers of new vehicles or items of equipment, such as your harness/vests, we only explain how our statute and regulations would apply to the new product. It is up to the individual manufacturer to assess the value and prac ticality of its product.

If you have any further questions or need more information on this subject, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

Nat. Highway Traffic Safety Admin. Office of Chief Council 400 7th Street S.W. Washington D.C. 20590 April 22, 1987

Ms. Erika Jones,

We have recently developed a new type of Child Safety Restraint System. We were referred to this Administration by Mr. Tim Kennedy of the N.S.C., and received your name through the office of Occupant Protection. It was their suggestion, as well as our Pa tent Attorneys', Lundy and Walker, to write and explain the product in detail. Enclosed you will find photos of a 3 yr. old child wearing the Safety Restraint System.

According to the Fed. Motor Vehicle Safety Standards: as stated in the definition for Child Restraint Systems (Law 49 CFR 571.213), "a child restraint system is any device except type I or II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 lbs. or less."

Construction

Our Safety Restraint System is a type of harness/vest which is held secure by means of an existing type I seat belt. The harness/vest is designed with the following safety features:

-240 P.S.I. Dupont strapping extending from the front waist, up over the shoulders, crossing mid-back, and forming a casing at the lower back edge- in which to secure the seat belt (belt must be tightened down to seat level).

-Two adjustable straps encasing the vest; mid-chest, and t bottom. -Fastex SRI Cam Buckles; U.L. approved with 300 P.S.I., are attached to the above two straps, and fasten at vest font. -Front closure (beneath cam buckles) is made from a 2x10" strip of industrial strength 8-hock Velcro, with 50# pull strength, enduring up to 20,000 pulls. -Vest fabric is a strong, yet light-weight, polyester jersey knit.

Concept

It should be understood that this Safety Restraint System is designed for children ages 3-6; not to exceed 50#. It has been our observation and experience, that children of this age group have out-grown the Ca Seat, and should be fastened into seat belts . However, many times children resist seat belt usage because of discomforts, such as: seat belts that tighten on the tummy as the child moves, children can't see out the window, or can't lay down when sleepy. As a result, many small children are left un belted and unprotected, even though this is against the law in many states.

Our concept of an ideal Safety Restraint system for ages 3-6, is one that protects from forward motion in case of impact, yet offers more comfort and flexibility. In our opinion, the harness/vest would hold the child in place; not squeezing the stomach, and gives a bit more freedom of movement -- such as laying down, and sitting on the knees. Comfortable, happy, children will be safer children; staying in their seat belts via the harness/vest device, which we have developed.

In closing, the proto-type as shown in the photos, was sewn on a domestic sewing machine. If put into production, the product will be sewn on commercial machines, capable of heavy-duty stitching.

We look forward to your comments and recommendations, especially concerning any product-safety tests, which may be necessary. Thank you for your time and consideration of this new Child restraint System.

Sincerely,

Deborah Rutan

SEE HARD COPY FOR PICTURE ILLUSTRATIONS

Door. or Marketing/Research

ID: nht94-4.12

TYPE: Interpretation-NHTSA

DATE: August 26, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Barbara Pietra -- Dabble, Inc. (Los Angeles, CA)

TITLE: None

ATTACHMT: Attached to letter dated 7/5/94 from Barbara Pietra to John Womack (OCC 10166)

TEXT:

This responds to your letter asking about safety regulations for a device you call a "Cair Bag." You describe the Cair Bag as a "comfort pillow" for children to rest or sleep on while seated in their vehicle seat belt. You explain that the Cair Bag is an "under-stuffed styrene pellet bag" that attaches to the lap portion of the vehicle's Type II seat belt with a reinforced velcro and nylon strap. You state that you will recommend the product for children over 50 pounds "to prevent it from being used as a child restraint system."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, appro ve or certify any vehicles or items of equipment.

You state in your letter that everyone you spoke to at NHTSA "felt this was a great product." To avoid any possible misunderstanding about what agency personnel said about your product, I wish to clarify that NHTSA and agency personnel can not and do no t endorse any product, or make commendations about products. If you understood them to say NHTSA approves of or believes your product is "great," that is incorrect, and we apologize for any confusion.

Turning now to your questions, there is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to the Cair Bag. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weight 50 pounds or less." (S4 of FMVSS 213) We do not consider the Cair Bag to "position children" in a manner that a child seat positions children to better u se a vehicle's belt system. Rather, the Cair Bag is simply a cushion that a child may lean on. Since your product does not "restrain, seat, or position" children as a child restraint system, the product is not subject to Standard 213 regardless of the w eight of the children for whom you recommend the product.

However, we share your concern that the Cair Bag must not be used in place of a child restraint system. We recommend that the product be clearly labeled with information to the consumer that the product is not a child restraint system and must not be us ed as one.

While no FMVSS applies to the Cair Bag, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. SS30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. (1) In t he event you or NHTSA determines that your product

contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the Cair Bag would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. S30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. Our FMVSS's require specific levels of performance for the belt system in a vehicle. For example, Standard 208 has requirements that ensure that a vehicle's lap and shoulder belts are installed to distribute the cr ash forces over the skeletal structure of the occupant. The FMVSS also have requirements for belts to automatically lock and retract, ensuring there is no excessive slack in the belt system. Since the Cair Bag attaches to the lap belt, any person liste d in S30122 must ensure that compliance of the belt system with these requirements is not degraded. Also, FMVSS 302 specifies flammability resistance requirements for vehicle interiors. Any person listed in S30122 who installs a Cair Bag must ensure th at the product does not vitiate the vehicle's compliance with those flammability resistance requirements.

The prohibition of S30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety s tandards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

I would like to make a further note in closing. The advertising literature you enclosed with your letter described the Cair Bag as "The Portable 'Air Bag'." We believe this description could be misleading, because the term "air bag" is widely recognized as describing an inflatable device that provides substantial occupant protection in frontal impacts. We are concerned that calling your device a "portable air bag" could mislead some consumers into believing your device offers occupant protection simil ar to that of a vehicle air bag, which of course, is incorrect. To avoid this potential for confusion, please refrain from describing your device as an "air bag."

I hope this information has been helpful. If you have any other questions, please contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

---------------

(1) Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means that the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.