ID: aiam3370

Dear Mr. Koziatek: This responds to your letter of September 4, 1980, concerning Standar NO. 213, *Child Restraint Systems*. You asked whether instruction booklets provided with child restraints must meet the flammability requirement of Standard No. 302, *Flammability of Interior Materials*. The answer is no. They do not have to comply with Standard No. 302.; Section 5.7 of Standard No. 213 requires each material used in a chil restraint to conform to performance requirements of Standard No. 302. You asked whether the installation instructions, which are required by section 5.6 to accompany the child restraint, must comply with the flammability requirements of section 5.7. Since the installation instructions, unlike an affixed label, are not a physical part of the child restraint system, they do not have to comply with section 5.7.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel

ID: 19766-1.pja

Mr. Brian Goodman
V.P. Marketing/OEM Relations
Katzkin Leather Interiors, Inc.
4110 Hinsdale Rd.
S. Euclid, OH 44121

Dear Mr. Goodman:

This responds to your letter concerning whether the "leather interiors" that your company manufactures for vehicle seating systems are "readily attachable components" as that term is used in our certification regulation (49 CFR Part 567). As explained below, our answer is no.

You state that your product replaces "the existing factory cloth interior of an automobile." In a June 8, 1999 telephone conversation with Paul Atelsek, formerly of my staff, you explained that your products are generally installed in the vehicle prior to its first retail sale but could be installed afterward. You also stated that the interiors are installed on existing seat frames in three to five hours using "hog rings," hog ring pliers, and glue, and that some expertise is required. You said that installation is done almost exclusively by professional installers, and that your products are "used and distributed by over 1,500 restylers and dealers nationwide."

This letter explains your responsibilities in meeting the statutes and regulations administered by the National Highway Traffic Safety Administration (NHTSA). You have also asked about your responsibilities and those of your restylers under private tort liability. Questions relating to private tort liability are determined by State law. You should therefore consult with your attorney or insurance company for answers to your questions about that matter.

By way of background information, NHTSA is authorized by 49 U.S.C. 30101 et seq. ("the Safety Act") to issue Federal motor vehicle safety standards that set performance requirements for 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 responsible for "self-certifying" that its products meet all applicable safety standards.

Your product installed as part of a new vehicle

A vehicle manufacturer installing your product on a new vehicle prior to the vehicle's sale would have to certify that the vehicle, with your interior, complies with all applicable standards. There are a number of standards that could be affected by the installation of your interiors. NHTSA issued Federal Motor Vehicle Safety Standard No. 302, "Flammability of interior materials," which sets flammability resistance requirements for cushions and seat backs and other components of new motor vehicles. Any person manufacturing a new vehicle with your leather interior must ensure that the seat covers, and the other components subject to Standard No. 302, possess the burn resistance characteristics required by the standard. The new vehicle's seats must also be able to meet the performance requirements of Standard No. 207, "Seating systems," with your product installed. The vehicle manufacturer may have incorporated sensors and other features in the seating system that affect the performance of the vehicle in meeting air bag deployment and other requirements of Standard No. 208, "Occupant crash protection." Further, Standard No. 201, "Occupant protection in interior impact," requires, among other things, that seat backs have a certain amount of cushioning to provide protection when struck by the head of rear seat passengers during a crash. Manufacturers must ensure that installation of your product on the back of front seats achieves the requisite amount of cushioning needed to meet the standard. In addition, Standard No. 201 requires cushioning in other parts of the vehicle, such as the header and A-pillar areas.

New vehicles may be altered by dealers and restylers prior to their sale after they have been certified by their manufacturer. Our regulations cover two types of vehicle alterations. The first is, as your question notes, an alteration of a completed vehicle by the addition, substitution, or removal of readily attachable components such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, which do not alter the vehicle's stated weight rating (49 CFR 567.6). This type of alteration does not involve any additional certification responsibilities by the alterer.

The second type of alteration is an alteration of a certified vehicle by means other than the addition, substitution, or removal of readily attachable components or minor finishing operations, or an alteration in such a manner that the vehicle's stated weight ratings are no longer valid (49 CFR 567.7). A person or firm making this type of alteration, if done prior to the first purchase of the vehicle for purposes other than resale, must add a label stating that the vehicle as altered conforms to all applicable Federal motor vehicle safety standards and containing the name of the alterer (49 CFR 567.7).

In general, whether modifications involve "readily attachable components" depends on the difficulty in attaching those components. The agency has considered such factors as the intricacy of installation and the need for special expertise. We have previously stated that the addition of sub-flooring, padding, and carpeting to the floor of the vehicle may or may not involve the addition of "readily attachable components," depending on the amount of changes that were made to the vehicle itself.

Because your interiors require several hours to install by professional installers and require specialized tools for their installation, we would not consider your interior to be readily attachable or a minor finishing operation. Therefore, a company installing your interior prior to first sale would have to certify that the vehicle continues to comply with applicable safety standards.

Your product installed as aftermarket equipment

There is no safety standard that directly applies to your product if your product were sold for installation in used vehicles (as contrasted with installation on new vehicles before delivery of the vehicle to the first purchaser.) As discussed above, several of our safety standards that apply to a vehicle's seating system, and which may be affected by your product's installation, apply to new completed vehicles, not to aftermarket components. Nonetheless, businesses that modify the vehicle are limited in their modifications by 49 U.S.C. 30122. That section of our statute prohibits a motor vehicle manufacturer, dealer, distributor, or repair business from installing any modification that "make[s] inoperative any part of a device or element of design installed on or in a motor vehicle in compliance with an applicable motor vehicle safety standard . . . ." Any person in the aforementioned categories that installs your interior in a motor vehicle and that makes inoperative the compliance of a device or element of design on the vehicle would be violating 30122. Persons violating this section are subject to fines of up to $1,100 per violation.

We also note that the Safety Act requires manufacturers of motor vehicles and motor vehicle replacement equipment to ensure that their products are free of safety-related defects. Accordingly, you and any manufacturer installing your product in a new vehicle must ensure that the product is defect-free. If it were determined that the interiors had a safety-related defect, all purchasers would have to be notified and the defective item repaired or replaced without charge.

Individual States have the authority to regulate modifications that individual vehicle owners may make to their vehicles. You might wish to consult State regulations to see whether installation of your interiors would be permitted under State law.

I hope you find this information helpful.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:VSA#201#302
d.9/29/99

ID: nht88-2.27

TYPE: INTERPRETATION-NHTSA

DATE: 05/17/88

FROM: GERALD PETERSON -- TARACO ENTERPRISES INC

TO: ERIKA JONES -- N.H.T.S.A.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 09/02/88 FROM ERIKA Z JONES TO GERALD PETERSON; REDBOOK A32, STANDARD 202; LETTER DATED 08/28/87 FROM CARL C CLARK TO JERRY PETERSON; LETTER DATED 09/29/86 FROM DALE T FANZO TO DIANE STEED

TEXT: Dear Ms. Jones:

My name is Gerald Peterson and I would like to introduce you to a new safety product that our company produces called the Truck Hed-rest. This product is designed to help protect the head of the driver and passenger of a truck in an accident when their head is snapped back against the rear window of a vehicle. A brochure, a description of the product and safety information is enclosed.

I am very concerned about the safety of trucks and would like you to send me any information on petitions filed, concerning the safety problems on trucks.

I have done extensive testing on our product and feel it to be a terrific and inexpensive product.

I look forward to hearing from you in the very near future. If you have any questions please call me anytime.

ENCLOSURES

THE ORIGINAL

TRUK -- HEDREST

* Tested and fits into NHTSA guidelines, for rear end collisions up to 50 MPH D.O.T. to help protect against possible neck and head injuries.

* Inexpensive.

* Mounts to truck rear window or van bulkhead.

* Hi-lo temperate velcro mounting material.

* Attractive and easy to install, removes easily with the Velcro(tm).

* Use with sliding rear window.

* Washable and adjustable.

* Use as seat cushion.

* Use as a cushion when canoeing.

* Kneeling pad.

* Five colors: Burgundy, Tan, Black, Blue and Brown.

* Passes MVSS-302 Test for fire and toxic fumes.

* Customized company logo can be imprinted on the Hedrest.

DON'T BE CAUGHT WITHOUT THE PROTECTION OF TRUK-HEDREST IN YOUR TRUCK OR VAN

Taraco Enterprises, Inc. would like to introduce you to a new safety product that our company produces called the Truk-Hedrest. This product is designed to help protect the head of the driver and passenger of a truck or van in an accident when their hea d is snapped back against the rear window or bulkhead of a vehicle. It gives the person added protection that could prevent injuries to your employees and could save your company medical and injury-related expenses. This is the first after-market head p rotection devise of its kind on the market today.

The Truk-Hedrest is easily attached to the back window of a vehicle with Velcro(tm) and therefore can be taken off at any time. A brochure describing the Truk-Hedrest is enclosed along with a general description of the product, some of its features, the safety testing done and a current price sheet. Please read through all the materials to get a good understanding of what the Truk-Hedrest is and how it can protect your employees or yourself.

If your company would like to know more about the Truk-Hedrest and the added protection it can give your employees, please give me a call at (612) 228-3417. I will be glad to provide you with a sample of our product along with other literature on it. A video tape which shows the extent of injuries that can occur to the driver or passenger of a vehicle if their head hits against the back window or van bulkhead is also available.

Thank you for your consideration.

Sincerely yours,

Jerry Peterson President

SAFETY TESTING

The Hedrest was tested extensively under the following conditions to determine to a certain extent the safety it provided to a person's head in a vehicle that was rear ended. These tests were performed by TEI with Gerry Peterson using NHTSA guideline s.

A bowling ball weighing approximately 10 pounds (which is the approximate weight of a human head as per the National Highway Traffic Safety Administration guidelines) was dropped onto the rear window of a truck. The distance the ball was dropped vari ed to simulate the velocity a head would hit the rear window. The test was designed to see at which levels the head was most likely to break the rear window tempered glass. Without the Hedrest on the glass, the bowling ball broke the glass at a height o f 7.5 feet or a contact velocity of 15 mph. With the Hedrest on the rear window glass, the bowling ball was dropped from a height of 25 feet or 54 mph contact velocity and the rear window did not break, indicating that the chance of head injuries should decrease or not be as extensive. The reason the window did not break was because the Hedrest displaced the force of the blow throughout the entire perimeters of the Hedrest and tempered the blow. The test showed the added protection the Hedrest can giv e to the driver or passenger of a vehicle.

Another interesting fact about how dangerously exposed the head is, is the high impact that can occur when the head hits the glass at just 35 MPH. The force of impact or contact velocity of a head hitting the rear window at 35 MPH without any protect ion would equal approximately 100 G's at the point of impact and extensive injuries could and probably will result.

Illbruk Manufacturing Co. who helped develop the Hedrest also tested the Hedrest for fire hazard and toxic fumes. The Hedrest passed the MVSS-302 test in both of these areas. Also, different materials were tested to determine which would produce the be st and safest Hedrest.

TRUK-HEDREST

Specifications

The Truk-Hedrest is made of a soft yet firm foam material covered by a micro-thin layer of a special plastic. The plastic coating protects the Hedrest, allows it to be washed, and gives it a long life. The Hedrest measures 14 inches horizontally and 8 inches vertically so that if the vehicle is hit at an angle there still should be enough room to protect a person's head.

The Hedrest is attached to the back of the window of a vehicle by three pieces of Velcro(tm) that are placed in three strategic places so that the Hedrest will not interfere with the opening of a split window on the back of a truck. One-half of the Velcr o(tm) is attached to the back of the Hedrest and one is attached to the glass on the rear window. This allows the Velcro(tm) to be separated and the Hedrest removed if desired. The adhesive on the Velcro(tm) pieces is made to withstand drastic temperat ure changes and will not fall off.

The Truk-Hedrest also passes the MVSS-302 test for fire and toxic fumes. It has also been tested under NHTSA guidelines for collisions up to 50 mph.

The Hedrest does not claim to prevent all injuries to the head of a driver or passenger in a collision but rather it is designed to help protect the head by helping to reduce the extent of injuries that can occur when an accident occurs.

ID: aiam2019

Dear Mr. Barrineau: This is in response to your letter of July 17, 1975, inquiring as t the regulations to which you may be subject by manufacturing and selling interior shelving, interior safety bulkheads, and roof mounted ladder carriers for Ford Econoline vans.; The National Highway Traffic Safety Administration has issue regulations covering the alteration of completed, certified motor vehicles before their sale to a purchaser for purposes other than resale. (49 CFR SS567.7 and 567.8, copy enclosed). Under these regulations, an alteration which either (1) invalidates a vehicle's existing weight ratings or (2) involves installation of other than 'readily attachable' components gives rise to a responsibility for affixing an alterer label, which identifies the alterer and contains some additional information.; From the description of your products, it appears that no specia expertise or tools are required for their installation. They would also seemingly not affect a vehicle's weight ratings. If this assessment is correct, we would accept as reasonable a manufacturer's determination that they are 'readily attachable', and that an alterer label is therefore not required when these products are installed.; The only Safety Standard that might apply to your products is Standar No. 302, *Flammability of Interior Materials* (copy enclosed).; In addition, as items of motor vehicle equipment, your products ar subject to the requirements of the National Motor Vehicle and Traffic Safety Act of 1966, as amended, and must therefore be free from safety-related defects.; If you have any further questions, feel free to write again. Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: aiam2021

Dear Mr. Barrineau: This is in response to your letter of July 17, 1975, inquiring as t the regulations to which you may be subject by manufacturing and selling interior shelving, interior safety bulkheads, and roof mounted ladder carriers for Ford Econoline vans.; The National Highway Traffic Safety Administration has issue regulations covering the alteration of completed, certified motor vehicles before their sale to a purchaser for purposes other than resale. (49 CFR SS 567.7 and 567.8, copy enclosed). Under these regulations, an alteration which either (1) invalidates a vehicle's existing weight ratings or (2) involves installation of other than 'readily attachable' components gives rise to a responsibility for affixing an alterer label, which identifies the alterer and contains some additional information.; From the description of your products, it appears that no specia expertise or tools are required for their installation. They would also seemingly not affect a vehicle's weight ratings. If this assessment is correct, we would accept as reasonable a manufacturer's determination that they are 'readily attachable', and that an alterer label is therefore not required when these products are installed.; The only Safety Standard that might apply to your products is Standar No. 302, *Flammability of Interior Materials* (copy enclosed).; In addition, as items of motor vehicle equipment, your products ar subject to the requirements of the National Motor Vehicle and Traffic Safety Act of 1966, as amended, and must therefore be free from safety-related defects.; If you have any further questions, feel free to write again. Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: 7450

Mr. L.J. Sharman
314 Lakeside Drive South
Surfside Beach, SC 29575

Dear Mr. Sharman:

This responds to your letter requesting information about whether the National Highway Traffic Safety Administration (NHTSA) has issued any regulations addressing the retention of records regarding compliance testing results. Your question arises in the context of the testing procedures set forth in Standard No. 302, Flammability of Interior Materials. (49 CFR 571.302).

As explained below, the agency makes available all of its compliance test results through its Technical Reference Division. However, the agency has no such requirements for manufacturers or other persons to keep records concerning any test results. Nevertheless, a manufacturer would be well advised to retain such records in case its motor vehicle or item of equipment did not comply with an applicable safety standard.

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Each of the agency's safety standards specifies the test conditions that this agency will use to assure whether the performance of the vehicle or equipment being tested is in compliance with the safety standard. NHTSA follows the established test procedures and conditions when conducting its compliance testing. The results of NHTSA's compliance tests are always recorded and made available to the public in the agency's Technical Reference Division.

However, the Safety Act does not require a manufacturer to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of certifying that its products comply with the requirements of the safety standards. If the manufacturer chooses to conduct testing, there is no requirement that the manufacturer retain those results.

However, if the agency testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If, in fact, there is a noncompliance, the manufacturer is subject to civil penalties under the Safety Act unless it can establish that it exercised "due care" in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not in fact comply with the safety standards. Given the potential for civil penalties, it is in the manufacturer's best interests to retain its testing records in case it must establish due care. (See 15 U.S.C. 1397(b)).

I note that the agency has issued a regulation addressing recordkeeping, 49 CFR Part 576, Record Retention, which establishes requirements for the retention by motor vehicle manufacturers of complaints, reports, and other records concerning motor vehicle malfunctions. However, nothing in this provision requires retention of information generated during compliance testing.

I hope this information is helpful. If you have any further questions about NHTSA's regulations, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Paul Jackson Rice Chief Counsel

Ref:VSA d:8/12/92

ID: nht92-4.39

DATE: August 12, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: L.J. Sharman

TITLE: None

ATTACHMT: Attached to letter dated 4/13/92 from L.J. Sharman to NHTSA (OCC 7450)

TEXT:

This responds to your letter requesting information about whether the National Highway Traffic Safety Administration (NHTSA) has issued any regulations addressing the retention of records regarding compliance testing results. Your question arises in the context of the testing procedures set forth in Standard No. 302, Flammability of Interior Materials. (49 CFR S571.302).

As explained below, the agency makes available all of its compliance test results through its Technical Reference Division. However, the agency has no such requirements for manufacturers or other persons to keep records concerning any test results. Nevertheless, a manufacturer would be well advised to retain such records in case its motor vehicle or item of equipment did not comply with an applicable safety standard.

By way of background information, the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq., the "Safety Act") gives this agency the authority to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Each of the agency's safety standards specifies the test conditions that this agency will use to assure whether the performance of the vehicle or equipment being tested is in compliance with the safety standard. NHTSA follows the established test procedures and conditions when conducting its compliance testing. The results of NHTSA's compliance tests are always recorded and made available to the public in the agency's Technical Reference Division.

However, the Safety Act does not require a manufacturer to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of certifying that its products comply with the requirements of the safety standards. If the manufacturer chooses to conduct testing, there is no requirement that the manufacturer retain those results.

However, if the agency testing shows that an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If, in fact, there is a noncompliance, the manufacturer is subject to civil penalties under the Safety Act unless it can establish that it exercised "due care" in the design and manufacture of the product and in the checks (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not in fact comply with the safety standards. Given the potential for civil penalties, it is in the manufacturer's best interests to retain its testing records in case it must establish due care. (See 15 U.S.C. 1397(b)).

I note that the agency has issued a regulation addressing recordkeeping, 49 CFR Part 576, Record Retention, which establishes requirements for the retention by motor vehicle manufacturers of complaints, reports, and other records concerning motor vehicle malfunctions. However, nothing in this provision requires retention of information generated during compliance testing.

I hope this information is helpful. If you have any further questions about NHTSA's regulations, please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.

ID: aiam2657

Dear Mr. Klatt: This responds to your June 1, 1977, letter asking several question about the applicability of Federal safety standards to travel trailers and motor homes.; You first ask whether bed sheets and decorative bedspreads shipped wit a motor home are required to meet Standard No. 302, *Flammability of Interior Materials*. The items required to meet the standard are listed in S4.1 of the standard. That list does not include sheets or bedspreads. Therefore, they are not required to comply with the standard.; In a related question pertaining to Standard No. 302, you ask whethe 'mattress cover' as that term is used in the standard refers to the permanent mattress ticking or to a removable mattress cover. The National Highway Traffic Safety Administration (NHTSA) has determined that the standard applies to both the permanent ticking and the removable cover. Therefore, both must comply with the requirements of Standard NO. 302.; In a question pertaining to Standard No. 207, *Seating Systems*, yo ask whether it is permissible to label a bench seat 'not for occupancy while vehicle is in motion' on one label or whether a seat must be labeled at each seating position. Standard No. 207 requires only one label for a bench seat in a motor home. You should note that Standard No. 207 does not apply to travel trailers.; You ask whether the NHTSA has jurisdiction over safety-related defect in motor homes not covered by safety standards. The agency has general defect jurisdiction granted by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq*.) for all safety-related motor vehicle defects. The NHTSA's defect jurisdiction also extends to the nonoperational safety of a vehicle.; In a final question you ask whether the agency has jurisdiction ove travel trailers. The NHTSA has jurisdiction over 'any motor vehicle' which is defined in the Act as 'any vehicle driven or drawn by mechanical power...' Therefore, the NHTSA has jurisdiction over travel trailers that is identical to its jurisdiction over any other motor vehicle.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam2656

Dear Mr. Klatt: This responds to your June 1, 1977, letter asking several question about the applicability of Federal safety standards to travel and motor homes.; You first ask whether bed sheets and decorative bedspreads shipped wit a motor home are required to meet Standard No. 302, *Flammability of Interior Materials*. The items required to meet the standard are listed in S4.1 of the standard. That list does not include sheets or bedspreads. Therefore, they are not required to comply with the standard.; In a related question pertaining to Standard No. 302, you ask whethe 'mattress cover' as that term is used in the standard refers to the permanent mattress ticking or to a removable mattress cover. The National Highway Traffic Safety Administration (NHTSA) has determined that the standard applies to both the permanent ticking and the removable cover. Therefore, both must comply with the requirements of Standard No. 302.; In a question pertaining to Standard No. 207, *Seating Systems*, yo ask whether it is permissible to label a bench seat 'not for occupancy while vehicle is in motion' on one label or whether a seat must be labeled at each seating position. Standard No. 207 requires only one label for a bench seat in a motor home. You should note that Standard No. 207 does not apply to travel trailers.; You ask whether the NHTSA has jurisdiction over safety-related defect in motor homes not covered by safety standards. The agency has general defect jurisdiction granted by the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq*.) for all safety-related motor vehicle defects. The NHTSA's defect jurisdiction also extends to the nonoperational safety of a vehicle.; In a final question you ask whether the agency has jurisdiction ove 'any motor vehicle' which is defined in the Act as 'any vehicle driven or drawn by mechanical power...' Therefore, the NHTSA has jurisdiction over travel trailers that is identical to its jurisdiction over any other motor vehicle.; Sincerely, Joseph J. Levin, Jr., Chief Counsel

ID: aiam4551

"Dear Ms. Haven: This responds to your letter seeking further agenc assurances that installation of one of your company's products will not take the safety belt system out of compliance with applicable Federal standards. I apologize for the delay in this response. Your product is a nylon covered foam pad intended to be attached to the shoulder belt portion of a safety belt to enhance the comfort of the occupant. In keeping with our statutory responsibilities, this agency does not offer any such assurances. If this pad is installed as original equipment on any new vehicle, section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403) requires the vehicle manufacturer to certify that the vehicle complies with Standard No. 208, Occupant Crash Protection (49 CFR /571.208), that the safety belt system complies with Standard No. 209, Seat Belt Assemblies (49 CFR /571.209), and that certain vehicle components, including the safety belts, comply with Standard No. 302, Flammability of Interior Materials (49 CFR /571.302). Each of these certifications must be valid with the pad installed on the safety belts. Since the Safety Act requires the manufacturer to make this certification, NHTSA has no authority to approve, endorse, or certify any motor vehicle or item of motor vehicle equipment, such as your shoulder belt pad. If the pad is sold as an aftermarket item, section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)) provides that: 'No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or in part, any device or element of design installed on or in a motor vehicle ... in compliance with an applicable Federal motor vehicle safety standard ...' The safety belt systems installed in vehicles are generally an element of design installed in compliance with Standards No. 208, 209, and 302. If the installation of your shoulder belt pad results in the vehicle no longer complying with any or all of these standards, any manufacturer, dealer, distributor, or repair business that installed the belt pads would have violated this section of the law. Section 109 of the Safety Act (15 U.S.C. 1398) specifies a civil penalty of up to $1,000 for each violation of section 108(a)(2)(A), and each installation of a shoulder belt pad that rendered inoperative compliance with Standard No. 208 would be a separate violation. Please note that the prohibition in section 108(a)(2)(A) does not apply to individual consumers. Thus, under Federal law, individual consumers may purchase and install additional products in their vehicles or otherise modify existing equipment without violating the 'render inoperative' provision. As noted above for aftermarket items, the Safety Act obliges manufacturers, dealers, distributors, and repair businesses not to knowingly render inoperative devices or elements of design in vehicles installed in compliance with applicable safety standards. As with new vehicles and items of equipment, it is the responsibility of the manufacturer, not this agency, to determine in the first instance that the use of its product will not result in a 'render inoperative' violation of Federal law. Because of this statutory scheme, NHTSA makes determinations of whether the installation of products results in a 'render inoperative' violation only in the context of enforcement proceedings, when it reexamines the initial finding made by the manufacturer, dealer, distributor, or repair business. In an earlier letter to you about this product, Dr. Clark, the inventor contact for NHTSA, advised you that the installation of this pad prevents the retractor from reeling up the belt completely or in part. This agency would be very likely to find a 'render inoperative' violation with respect to a device whose installation prevented the retractor from functioning as designed. Assuming this pad will be marketed as an aftermarket item, you could comply with your legal obligations as the manufacturer of this pad by examining the requirements of Standard Nos. 208, 209, and 302, to determine if the installation of your shoulder belt pad would result in a noncompliance with these standards. If the installation would not do so, manufacturers, distributors, dealers, and repair businesses can install these pads without violating any provisions of Federal law. I have enclosed an information sheet for new manufacturers of motor vehicles and motor vehicle equipment that explains how to obtain copies of our safety standards and other regulations. I hope this information is helpful. Sincerely, Erika Z. Jones Chief Counsel Enclosure";