ID: nht92-8.44

DATE: February 25, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Phil Gray -- Inventor, Westech U.S.A. Inc.

TITLE: None

ATTACHMT: Attached to letter dated 1/13/92 from Phil Gray to Paul Jackson Rice (OCC 6925)

TEXT:

This responds to your letter asking how the laws and regulations administered by this agency would apply to a product you have invented. The device is a flexible plastic stalk that reroutes the shoulder belt to improve the shoulder belt fit for children that have outgrown child safety seats. I am pleased to have this chance to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR S571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, your company is not required to certify that this product complies with Standard No. 208 before offering the product for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this product for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. As stated above, this product is not subject to any safety standard, so your company does not have to make any certification.

Although none of our safety standards directly apply to this product, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety. Your letter indicated that you were aware of this responsibility and your company would carry out any necessary recalls if problems should become apparent with this device when it is used by the public.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be

"rendered inoperative" by the use of your company's belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your belt positioning device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR S571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your belt positioning device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

I hope that this information is helpful. If you have any further questions or need some additional information, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

Attachments

NHTSA information sheets, dated September, 1985 entitled:

Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain Motor Vehicle Safety Standards and Regulations

(Text of attachment omitted)

ID: 1982-2.10

DATE: 04/30/82 EST

FROM: FRANK BERNDT -- NHTSA CHIEF COUNSEL

TO: J. F. WALKUP -- PROJECT ANALYST, RESEARCH & DEVELOPMENT CENTER-REEVES BROTHERS, INC.

TITLE: NONE

ATTACHMT: APRIL 6, 1982 LETTER FROM WALKUP TO TILTON IS ATTACHED

TEXT: This responds to your April 6, 1982, letter asking whether the agency's Standard No. 302, Flammability of Interior Materials, applies to after-market equipment. The answer to your question is no.

Standard No. 302 is a vehicle standard and as such applies to completed vehicles. No vehicle can be manufactured unless the materials used in it comply with the requirements of the standard. The standard does not apply, however, to items of equipment in the after market. You should be aware that while you would not be prohibited from manufacturing after-market equipment that does not comply with the standard, a manufacturer, repair business or dealer would be prohibited from installing such noncomplying equipment if the installation would have the effect of rendering inoperative the compliance of the vehicle with the safety standard. Nothing prevents a vehicle owner, however, from installing noncomplying equipment in his own vehicle.

I trust that this responds to your question. Please contact me if I can be of further assistance.

ID: nht72-6.57

DATE: 08/07/72

FROM: RICHARD B. BYSON -- NHTSA ASSISTANT CHIEF COUNSEL

TO: LOUIS C. LUNDSTROM -- DIRECTOR GM ASE

TITLE: NONE

TEXT: Dear Mr. Lundstrom:

This is in reply to your letter of July 17, 1972, concerning the application of Motor Vehicle Safety Standard No. 302. Flammability of Interior Materials, n1 to radio speaker cones. You request clarification of an interpretation we sent to American Motors dated June 9, 1972, wherein we stated that "stereo speaker . . . cones incorporated into a door or rear shelf would be considered part of a 'trim panel' and 'compartment shelf,' respectively. You particularly request clarification of the phrase "incorporated into.

The NHTSA's position is that a speaker cone, while not generally subject to Standard No. 302 (we assume that it is not an "energy-absorbing" component), will be subject to the standard if it is "incorporated into" a component that is subject to the standard. We would consider a speaker cone to be "incorporated into" a trim panel or compartment shelf if the cone forms a portion of the surface of the panel or shelf. We would not consider a speaker cone merely attached to an enumerated component, but situated wholly underneath (shelf) or behind (trim panel) its surface to be subject to the standard.

I trust this clarifies our position.

Yours truly,

ID: nht91-1.6

DATE: January 3, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Jeffrey P. Henderson -- ACTS Testing Labs, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 7-10-90 from Jeffrey P. Henderson to Paul Jackson Rice (OCC 4976)

TEXT:

This responds to your letter about paragraph S5.7 of Safety Standard 213, Child Restraint Systems, which specifies that each material used in a child restraint system must meet the flammability resistance requirements of Standard 302 (Flammability of Interior Materials). You asked whether a "plastic pouch" that contains the installation instructions for the seat is required to meet the requirements.

The answer to your question is yes. A pouch that is provided to store the seat's installation instructions during the life of the seat is required by Standard 213 (S5.6.1.6; S5.6.6) to be located on the seat. Thus, by definition, the pouch would be a physical part of the seat. If a component is made a physical part of the seat (e.g., by affixing the component to the seat), the component is subject to Standard 302. The agency referred to the term "physical part" in a November 7, 1980 letter to J. P. Koziatek. In that letter, the agency determined that installation instructions, which are not a "physical part" of the child seat, need not comply with the flammability requirements.

I hope this information is helpful. Please contact us if you have further questions.

ID: aiam2262

Dear Mr. Murphy: This is in response to your letter of January 8, 1976, concernin 'track sheets' and 'autotels.'; Section S4 of the Federal Motor Vehicle Safety Standard No. 302 *Flammability of Interior Materials*, lists those components of a motor vehicle that must comply with burn resistance requirements. I have enclosed a copy for your information. An 'autotel' under the back seat, between the frame and the body, or pasted to the top of the gas tank does not fall within the ambit of the standard. Consequently, it is our view that this most important and effective deterrent to vehicle theft is not discouraged by any existing motor vehicle safety standard.; The National Highway Traffic Safety Administration has proposed tha Standard No. 302 be amended to include all materials exposed to the occupant compartment air space. If this amendment is adopted, an 'autotel' under the seat presumably would fall within the purview of the standard. In this case, the 'autotel' could not burn at a rate of more than 4 inches per minute. We believe that this would not prove an impediment to the continuation of the 'autotel' program as a flame-retardant paper is readily available.; If I can be of further assistance in this matter, please do no hesitate to contact me.; Sincerely, Robert L. Carter, Associate Administrator, Motor Vehicl Programs;

ID: 8493

Mr. Brett J. Higgins
10257 Slater Ave. #103
Fountain Valley, CA 92708

Dear Mr. Higgins:

This responds to your letter of March 25, 1993 to former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a

special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably.

I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, Occupant Crash Protection (49 CFR 571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this device for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. As stated above, this device is not subject to any safety standard, so you do not have to make any certification.

Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

In addition, use of your product could be affected by section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative," in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be "rendered inoperative" by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, Flammability of Interior Materials (49 CFR 571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

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,

John Womack Acting Chief Counsel

Enclosure

ref:VSA#208 d:4/26/93

ID: nht93-3.19

DATE: April 26, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA

TO: Brett J. Higgins

TITLE: None

ATTACHMT: Attached to letter dated 3-25-93 from Brett J. Higgins to Paul Jackson Rice (OCC 8493)

TEXT: This responds to your letter of March 25, 1993 to former Chief Counsel Paul Jackson Rice seeking information on how the laws and regulations administered by this agency would apply to an item of equipment you wish to sell. According to your letter, the item is a

special clamp that is applied to the shoulder strap of a seatbelt as an after-market item. The purpose of this clamp is to allow for slack in the shoulder harness section of a seatbelt thus allowing it to be worn more comfortably.

I am pleased to have this opportunity to explain our laws and regulations to you.

The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 ET SEQ.; the Safety Act) authorizes this agency to issue motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. We have exercised this authority to establish Standard No. 208, OCCUPANT CRASH PROTECTION (49 CFR S571.208). This standard requires new motor vehicles to be equipped with safety belts and requires that those belts meet specified fit and comfort requirements, as set forth in S7 of the standard. However, Standard No. 208 does not apply to aftermarket items that seek to alter belt fit and/or comfort. Hence, you are not required to certify that this device complies with Standard No. 208 before offering the device for sale.

In addition, you are not required to get some sort of "approval" from this agency before offering this device for sale. NHTSA has no authority to "approve" motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. 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. As stated above, this device is not subject to any safety standard, so you do not have to make any certification.

Although none of our safety standards directly apply to this device, there are several provisions in the Safety Act that are relevant. Manufacturers of motor vehicle equipment such as your belt positioning device are subject to the requirements in sections 151-159 of the Safety Act (15 U.S.C. 1411-1419) concerning the recall and remedy of products with defects related to motor vehicle safety.

In addition, use of your product could be affected by section 108 (a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)). That section prohibits manufacturer, distributors, dealers, and repair shops from knowingly "rendering inoperative,"

in whole or in part, any device or element of design installed on or in a vehicle in compliance with an applicable safety standard. There are two elements of design in a vehicle that might be "rendered inoperative" by the use of your belt positioning device. One is the occupant protection afforded by belts that meet the specified fit and comfort requirements. The other element of design that could be rendered inoperative by the use of your device is the burn resistance required by Standard No. 302, FLAMMABILITY OF INTERIOR MATERIALS (49 CFR S571.302). The materials used in the interior of vehicles, including the seat belts, seat backs and cushions, trim panels, and headliner must comply with the burn resistance requirements of Standard No. 302 to reduce deaths and injuries in the event of a fire in the vehicle's interior. If your device renders inoperative the belt fit and comfort requirements specified in Standard No. 208 or does not comply with burn resistance requirements, it could not be installed in a vehicle by any manufacturer, distributor, dealer, or repair shop.

I note that NHTSA has received a number of inquiries about devices similar to the one you plan to sell. As we have advised others, this agency is concerned that a belted occupant could inadvertently use such products to introduce excessive slack in the upper torso belt and thereby reduce the effectiveness of that belt. We encourage you to provide instructions with the product that warn users not to introduce excessive slack and provide detailed guidance for users on what is an excessive amount of slack.

I have enclosed a general information sheet for new manufacturers that gives a thumbnail sketch of NHTSA's regulations and provides information on how to obtain copies of those regulations.

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.

ID: nht88-2.24

TYPE: INTERPRETATION-NHTSA

DATE: MAY 9, 1988

FROM: KAREN WHITEHEAD

TO: OFFICE OF CHIEF COUNCIL -- NHTSA

ATTACHMT: ATTACHED TO MEMO DATED 11-25-88, TO KAREN WHITEHEAD, FROM ERIKA Z. JONES, STD 213, STD 302, VSA 108(A)(2)(A)

TEXT: Enclosed is a copy of a design for a back and head rest for a child's car toddler seat I have designed.

As you know when a child falls asleep their head simply falls forward or to either side without support. The purpose of the back and head rest I have designed and true tested on many toddlers assures support of the head and shoulders in a comfortable up -right position.

The back and head rest is made from J4Lx fire retardent foam which meets the required 302 Fire retardent standards. The piece measures 18"x22" and is 3/4" thick, the sides are a contour cut measuring 3"x4" at the top, 17" long and tapered to meet flush with the back piece approximately 5" from the bottom of the back piece.

The finished back rest is covered in a cotton polyester fabric with an envelope flap in the back for easy removal. The cover is machine washable and dryable.

The back rest is ancored by slipping the car seat belt through the back rest elastic loops around the toddler seat and buckling the seat belt in the usual manner.

Please send me the regulations for this type of item.

CHILD REATRAINT BOOSTER SEAT

AUTO SEAT

LAP SEAT BELT

ID: nht92-8.12

DATE: March 30, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Carl J. Clement -- Clement Associates

TITLE: None

ATTACHMT: Attached to letter dated 1/28/92 from Carl J. Clement to Office of Chief Counsel, NHTSA (OCC 6949)

TEXT:

This responds to your letter of January 28, 1992 requesting information on any Federal regulations that may affect a new product you are developing. The product is an electronically-operated automotive sun visor that would automatically detect the direction of sunlight or glare and reposition itself to shield the driver. I am pleased to have this opportunity to explain our regulations to you.

By way of background information, S 103 of the National Traffic and Motor Vehicle Safety Act (Safety Act, 15 U.S.C. 1392) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards for new motor vehicles and new 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. The agency periodically tests vehicles and items of equipment for compliance with the standards. In addition, the Safety Act requires manufacturers to recall and remedy any motor vehicle or item of motor vehicle equipment that contains a safety-related defect.

NHTSA has issued two safety standards that apply to sun visors: Standard No. 201, Occupant protection in interior impact, and Standard No. 302, Flammability of interior materials. These standards are called vehicle standards, because they apply to new vehicles, not to individual pieces of equipment. The Safety Act specifies that vehicles must conform with all applicable safety standards up until the first purchase for purposes other than resale.

Therefore, if your sun visor were installed as original equipment by a manufacturer of a new motor vehicle, the visor would have to comply with the requirements of these two standards. Standard No. 201 requires that the visor be "constructed of or covered with energy-absorbing material" and that the visor's mounting must "present no material edge radius of less than 0.125 inch that is statically contactable by a spherical 6.5-inch diameter head form." The purpose of that requirement is to reduce the injuries that occur when unrestrained occupants strike the visor or its mounting with their heads. Standard No. 302 requires sun visors to meet the flammability resistance requirements of the standard. The standard specifies that the material used on the visor must not burn at a rate of more than four inches per minute.

If a new vehicle is altered by the installation of your product prior to the vehicle's first sale to a consumer, the person making the installation is considered an "alterer" and is required by 49 CFR Part 567, Certification, to certify that the vehicle complies with all applicable safety standards affected

by the alteration. In addition to Standards No. 201 and 302, the installation of your product might affect the compliance of a vehicle with a number of other safety standards, including Standard No. 111, Rearview mirrors, and Standard No. 208, Occupant crash protection.

After the first sale to a consumer, a vehicle is no longer required by Federal law to conform to all safety standards. However, S108 (a)(2)(A) of the Safety Act provides as follows:

No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...

In order to avoid violating this provision, a manufacturer, dealer, distributor, or repair business which installed your sun visor would have to ensure that such installation enables the vehicle to continue to comply with all applicable safety standards. Violations of S108 (a)(2)(A) are punishable by civil fines of up to $1,000 per violation. I note that S108 (a)(2)(A) does not affect modifications made by vehicle owners to their own vehicles.

Finally, under the Safety Act, your sun visor would be considered an item of motor vehicle equipment. If your sun visor will be sold as an item of equipment to be installed by the vehicle owner, there is currently no Federal motor vehicle safety standard that applies. However, even if there is no safety standard applicable to the item of motor vehicle equipment, the manufacturer is subject to the requirements in SS 151-159 of the Safety Act concerning the recall and remedy of products with safety defects. In the event that NHTSA or a manufacturer determines that a manufacturer's product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

Additionally, a company making your product would be considered a manufacturer. A manufacturer is required by 49 CFR Part 566, Manufacturer Identification, to submit information identifying itself and its products to NHTSA not later than 30 days after it begins manufacture. I have enclosed an information sheet for new manufacturers which summarizes NHTSA's regulations and explains where to obtain copies of Federal motor vehicle 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.

Attachments

NHTSA information sheet, dated September, 1985 entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment.

NHTSA information sheet, dated September, 1985 entitled Where to Obtain Motor Vehicle Safety Standards and Regulations.

(Text of attachments omitted.)

ID: aiam0758

Dear Mr. Ely: This is in reply to your letter of June 20, 1972, in which you as whether Motor Vehicle Safety Standards Nos. 206 (Door Locks and Door Retention Components) and 302 (Flammability of Interior Materials) apply to aluminum sleeper cabs which you manufacture for what appears to be installation on truck tractors.; Each motor vehicle safety standard is by its terms applicable t specific types of motor vehicles and motor vehicle equipment. Each vehicle or item of equipment to which a standard applies must conform to the standard until its first purchase by a user. Components which are incorporated into vehicles before their first purchase are considered to be part of the vehicle, and as a practical matter must conform to all standards applicable to it.; Standard No. 302 becomes effective September 1, 1972, and applies t trucks, which includes truck tractors. If a sleeper cab you manufacture is incorporated into a truck before its first purchase by a user, then it must conform to the standard. Moreover, the components to which the standard applies (paragraph S4.1) include mattress covers, and if you determine the standard applies under the criteria we have provided, mattress covers which you furnish must conform to the standard. You indicate you have tested the flammability of the cab utilizing a torch. While you may test for conformity to the standard in any way you choose, whether or not your product conforms to the standard will be determined by NHTSA utilizing the test procedures specified in the standard. Manufacturers who utilize procedures different from those in the standard should take care to correlate the results they obtained to those that would be obtained using the standard's procedures.; Standard No. 206 also applies to trucks, and will become effective fo all side doors leading to passenger compartments on September 1, 1972. Consequently, if the sleeper cabs you manufacture are incorporated into trucks before their first purchase the sleeper cabs must conform to Standard No. 206.; Yours truly, Richard B. Dyson, Assistant Chief Counsel