Interpretation ID: nht89-1.38

TYPE: INTERPRETATION-NHTSA

DATE: 03/14/89

FROM: C. COLEMAN BIRD

TO: ERIKA JONES -- CHIEF COUNSEL OFFICE OF THE CHIEF COUNSEL NHTSA

TITLE: REQUEST FOR INTERPRETATION REGARDING STATUS OF PORTABLE BACK MASSAGER UNDER NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966, AS AMENDED

ATTACHMT: ATTACHED TO LETTER DATED 06/05/90 FROM STEPHENS P. WOOD -- NHTSA ACTING CHIEF COUNSEL TO C COLEMAN BIRD -- PEPPER HAMILTON AND SCHEETZ, A35, VSA 102[4]

TEXT: This is written to request the National Highway Traffic Safety Administration's ("NHTSA's") interpretation of the requirements of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. @@ 1381 et seq. (the "Act") and the regula tions (49 C.F.R. Part 571) as applied to the portable back massager product described below. The particular questions are: (1) whether this product is an "item of motor vehicle equipment" as defined in the Act, 15 U.S.C. @ 1391(4); (2) whether any Feder al safety standards (including but not limited to any NHTSA vehicle or equipment safety standards) are applicable to this product; and (3) if the product is not subject to the regulatory jurisdiction of NHTSA or the Department of Transportation, whether it is subject to the regulatory jurisdiction of any other agency.

The product in question is a portable back massager, which consists of an inflatable cushion (approximately 24.5 inches long, 14.5 inches wide, and 3 inches deep) that conforms to the user's back, with two massaging units (separate electric motors) th at are capable of giving simultaneous massage to the thoracic (upper back) and lumbar (lower back) regions of the user's back. The product also can provide heat to the user's back. It is designed for use either in the home or the user's vehicle (by mean s of an adaptor that plugs into the vehicle's cigarette lighter). When used in a vehicle, the product will simply be

placed on the user's seat and will not be affixed or installed in the vehicle in any way. It could be used either by the driver or by a passenger.

Please let me know if you need any additional facts concerning the product or its proposed use in motor vehicles in order to respond to this inquiry.

Thank you in advance for your anticipated prompt response.

Sincerely,