Interpretation ID: 21736

Mr. Ronnie H. McDaniel
RHM Enterprises
Star Route 850
Lytle Creek, CA 92358

Dear Mr. McDaniel:

This responds to your letter asking for information about the application of Federal safety standards to a "sun visor extender."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized by the National Traffic and Motor Vehicle Safety Act to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA is not authorized to certify or approve motor vehicles or motor vehicle equipment for compliance with our Federal motor vehicle safety standards. Instead, under Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (copy enclosed), each manufacturer of a motor vehicle or item of motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards.

There is currently no Federal motor vehicle safety standard that is directly applicable to a sun visor extender sold directly to a consumer. The Federal safety standard that regulates sun visors (Standard No. 201, Occupant Protection in Interior Impact) applies only to new motor vehicles (i.e., vehicles that have not yet been sold for purposes other than resale) and not to items of aftermarket equipment such as a sun visor extender.

However, there are other Federal requirements that indirectly affect the manufacture and sale of your device. Under Chapter 301, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements in sections 30118-30120 of Chapter 301 concerning the recall and remedy of products with defects relating to motor vehicle safety. I have enclosed an information sheet that briefly describes those responsibilities. In the event that you or NHTSA determines that your sun visor extenders contain a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

As stated above, the sun visor in a new vehicle is regulated by Safety Standard No. 201, which 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 the standard is to reduce the injuries that occur when occupants strike the visor or its mounting with their heads. If your sun visor extender were installed by the manufacturer of a new motor vehicle, the visor, as modified by that installation, would have to comply with the visor requirements of the standard. I am enclosing a copy of Standard No. 201 for your review.

Another Federal standard to which the vehicle manufacturer must certify its vehicle as conforming is Standard No. 302, Flammability of Interior Materials (copy enclosed). This standard establishes flammability resistance requirements for certain vehicle components, including sun visors, on new vehicles. If a new vehicle manufacturer installs your product on the new vehicle, that manufacturer would have to certify the vehicle's compliance with Standard No. 302, and thus would be required to ensure that the sun visor conforms to the flammability resistance requirements of the standard and that the extender does not interfere with or prevent that capability to comply.

A commercial business that installs the sun visor extender on new or used vehicles would be subject to provisions of the Safety Act that affect whether the business may install your product on a vehicle. Section 30122 of Chapter 301 states: "A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative ... any part of a 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..." This section requires manufacturers, distributors, dealers or motor vehicle repair businesses (i.e., any person holding him or herself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation) installing your sun visor extender on new or used vehicles to ensure that the addition of the device would not negatively affect the compliance of any component or design on a vehicle with applicable Federal safety standards. For example, the commercial entity must ensure that the addition of the device does not reduce the effectiveness of those features and aspects of performance of the sun visor that enabled the vehicle to comply with Standard No. 201 or Standard No. 302.

However, the prohibitions found in Section 30122 do not apply to the actions of a vehicle owner in adding to or otherwise modifying his or her vehicle. Thus, a vehicle owner would not violate Chapter 301 by installing the sun visor extender, even if doing so would negatively affect the safety performance of the sun visor. However, we encourage owners not to degrade the safety of their vehicles.

Please feel free to contact Otto Matheke of this office at (202) 366-2992 if you have further questions.

Sincerely,

Frank Seales, Jr.
Chief Counsel

Enclosures
ref:201
d.9/25/00