Interpretation ID: 6971
Frederick Harris Associates
5717 Huberville Avenue
Dayton, Ohio 45431
Dear Mr. Harris:
This responds to your letter asking about Federal motor vehicle safety standards applicable to your product, which you described as a cloth device containing plastic items useful to a baby, for use in motor vehicles. You explained that your product would be placed in a motor vehicle adjacent to, but not touching, a child in a nearby child safety seat. In particular, you were concerned about flammability resistance standards applicable to your product. I am pleased to have this opportunity to explain our requirements to you. I am also enclosing a copy of a fact sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."
By way of background information, NHTSA is authorized to issue Federal Motor Vehicle Safety Standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. Section 102(4) of the Safety Act defines, in relevant part, the term "motor vehicle equipment" as:
any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle ...
In determining whether an item of equipment is considered an accessory, NHTSA applies two criteria. The first criterion is whether a substantial portion of the expected use of the item is related to the operation or maintenance of motor vehicles. We determine the expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. The second criterion is whether the product is intended to be used principally by ordinary users of motor vehicles. If the product satisfies both criteria, then the product is considered to be an "accessory" and thus is subject to the provisions of the Safety Act. Applying these criteria to the cloth device containing baby items, it appears that your product would be an accessory and thus an item of motor vehicle equipment under the Safety Act. Based on our understanding of your device, it appears that a substantial portion of its expected use will be during the operation of a motor vehicle. In a telephone conversation with Ms. Dee Fujita of my staff, you explained that your device is intended to be sold for use in motor vehicles. In addition, it appears that your product would typically be used by ordinary users of motor vehicles.
While it appears that your device would be considered an item of motor vehicle equipment, this agency has not issued any standards setting forth performance requirements for such a device. Obviously, your device could not be determined to be in noncompliance with a safety standard if there is no applicable safety standard.
As for your concern about flammability resistance requirements, please be advised that our safety standard about this issue, Standard No. 302, Flammability of Interior Materials, (49 CFR 571.302, copy enclosed), would not apply to your device. That standard sets forth such requirements applicable to new motor vehicles and not to motor vehicle equipment.
You should be aware that, as a manufacturer of an aftermarket item of motor vehicle equipment, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall and remedy of products with defects related to motor vehicle safety. In the event that you or NHTSA determines that your product contains a safety related defect, you would be responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge.
I hope this information is helpful. If you have any further questions about NHTSA's safety standards, 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 Enclosure
Ref: 302 d:3/5/92