Interpretation ID: aiam3834
Esq.
Bane
Allison
Saint & Ehlers
P.C.
200 West Front Street
Fifth Floor
Bloomington
IL 61701;
Dear Mr. Bailen: This responds to your letter to this office asking about th requirements of Federal Motor Vehicle Safety Standard No. 213, *Child Restraint Systems* (49 CFR S571.213). Specifically, you represent a client who will be manufacturing seat covers which would be attached to the seat of the child restraint system. You stated that you had spoken with Mr. Radovich of our Rulemaking Division, and he had indicated his opinion that the only requirements to which these seat covers might be subject would be the flammability requirements. You asked if this is correct, and if any other requirements were applicable, noting a particular interest in whether any labeling requirements might apply to these seat covers. There are no labeling requirements promulgated by this agency applicable to those seat covers. Further, the flammability requirements incorporated in Standard No. 213 are applicable only if your client wishes to have those covers installed on child restraint systems by manufacturers, dealers, distributors, or repair shops.; Standard No. 213 specifies information which must appear on a labe affixed to each child restraint system. However, none of that information relates to the materials used in the seat covers. Hence, Standard No. 213 does not impose any labeling requirements which might be applicable to seat covers for child restraint systems.; Further, Standard No. 213 applies to child restraint systems prior t their first purchase in good faith for purposes other than resale, and not to aftermarket accessories for use with or on the child restraint system. Generally those aftermarket accessories may be added to the child restraint system, even if the addition of those accessories causes the child restraint to no longer comply with Standard No. 213, without violating the requirements of the standard.; This general rule is, however, limited by the application of th provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter 'the Safety Act', 15 U.S.C. 1397(a)(2)(A)). That section specifies: 'No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative...any device or element of design installed on or in...an item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,....' Section S5.7 of Standard No. 213 requires that each material used in a child restraint system conform to the requirements of section S4 of Standard No. 302, *Flammability of Interior Materials* (49 CFR S571.302). If a party were to add a seat cover which did not meet the flammability requirements of Standard No. 302 to a child restraint which was previously certified as meeting those flammability requirements, that act would be interpreted by this agency as rendering inoperative the flammability resistance installed on the child restraint in compliance with an applicable Federal safety standard. If such an act were performed by a manufacturer, dealer, distributor, or repair business, it would be a violation of section 108(a)(2)(A) of the Safety Act, and such a violation would subject the offender to a civil penalty of $1,000 for each violation, as specified in section 109 of the Safety Act (15 U.S.C. 1398).; You should note that the prohibitions in section 108(a)(2)(A) of th Safety Act do not apply to a consumer who renders inoperative some element of design of the child restraint system, and therefore your client's seat cover need not satisfy the flammability requirements for child restraint systems if it is intended to be sold to and installed by consumers. You might wish to inform your client about potential liability under State and common law if the seat covers do not comply with those flammability requirements, in the event those seat covers catch fire.; You may also wish to inform your client about the potentia consequences of an item of motor vehicle equipment which is determined to contain a safety-related defect. Should these seat covers catch fire in situations where seat covers which comply with Standard No. 302 would not catch fire, the non-complying seat covers might well be found to contain a safety-related defect. Sections 151-154 of the Safety Act (15 U.S.C. 1411-1414) require that, when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser.; If you have any further questions or need more information on thi subject, please feel free to contact me.; Sincerely, Frank Berndt, Chief Counsel