Interpretation ID: 1985-04.45

TYPE: INTERPRETATION-NHTSA

DATE: 12/19/85 EST

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Scottie Brown Jones -- comfit Designs

TITLE: FMVSS INTERPRETATION

TEXT:

Dear Ms. Jones: Thank you for your letter dated July 29, 1985 inquiring about Federal requirements applicable to children's car seat covers which you manufacture for sale as accessories to child restraint systems.

This agency administers the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. 1391 et seq. (the Act). Under the Act, the agency has issued Standard No. 213, Child Restraint Systems. Paragraph S5.7 of that standard requires each material used in a child restraint system to conform to the requirements of S4 of Standard No. 302, Flammability of Interior Materials (49 CFR Section 571.302). These flammability resistance requirements apply to new child restraint systems used in motor vehicles or aircraft. The flammability resistance requirements in Standard No. 302 must be met by aftermarket seat covers for child restraint systems only if such seat covers are installed by manufacturers, dealers, distributors, or repair shops. A manufacturer, distributor, dealer, or motor vehicle repair business must not install a seat cover for a child restraint system which does not comply with the flammability resistance requirements of Standard No. 302.

However, aftermarket seat covers which are sold to and installed by child restraint owners need not satisfy the flammability resistance requirements of Standard No. 302. Nevertheless, the agency urges all manufacturers of such seat covers to comply voluntarily with our safety standards.

A copy of Standard No. 302 is enclosed. I hope this information is helpful to you.

Sincerely, Erika Z. Jones Chief Counsel Enclosure

Scottie Brown Jones July 29, 1985 Comfit Designs 1721 S. La Rosa Dr. Tempe, AZ 85281

Mr. Steve Oesch NHTSA Office of Chief Counsel 400 7th Street, S.W. Washington, DC, 20590

Dear Mr. Oesch:

Please advise as to the Federal requirements an/or regulations in regard to children's car seat covers (removable cloth covers sold in children's departments as an accessory to a car seat). I have been in contact with Shirley Barton at NHTSA (202/425-9294) who was unable to supply me with this information over the phone and suggested that I direct my inquiry in writing to you.

I have a small cottage industry. I have designed a children's car seat cover using 9 oz. terry cloth (86% cotton, 14% polyester) and gingham (35% cotton, 65% polyester) which I intend to market. This cover was originally intended to protect a child in the summer from the extremely hot plastic and vinyl used in many car seats. It fits any size toddler or infant car seat, is removable and would be purchased as a car seat accessory. Unlike covers already on the market, my design dose not use a fill and is, therefore, exempt from a bedding lisence. Other than that, it uses materials not unlike those already on the market (terry cloth and gingham). The major difference is that it covers more of the car seat than any other product presently available.

I appreciate your quick response to this inquiry. If you should have any further questions. I would be glad to answer them. I can be reached before 10:30 a.m. EDT at 602/967-1547. after that time please call 602/965-6163. Sincerely, Scottie Jones cc. Mr. Radovich