Interpretation ID: nht87-3.48

TYPE: INTERPRETATION-NHTSA

DATE: 12/14/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Robert C. Geschwender -- Lin-Mart

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert C. Geschwender Lin-Mart P.0. Box 82431 Lincoln, NE 68501-2431

This responds to your November 3, 1987 letter to me asking whether any of our regulations apply to the "Head Hugger," an aftermarket product you have designed for use in motor vehicles. The Head Hugger is a head pillow that attaches to a head restraint a nd is designed to support a passenger's head and neck when he or she is seated in a reclined position. I hope the following information is helpful.

The National Highway Traffic Safety Administration (NHTSA) has the authority to regulate the manufacture and sale of new motor vehicles and items of motor vehicle equipment. Although NHTSA has issued motor vehicle safety standards for certain types of mo tor vehicle equipment, we have no standard directly applicable to the Head Hugger. Thus, the manufacture and sale of your aftermarket product to a vehicle owner for installation in his or her vehicle would not be affected by the requirements of any Feder al motor vehicle safety standard.

However, if the Head Hugger will be installed in new or used vehicles by a commercial business, then S108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act could affect your product in certain circumstances. That section of the Act requires m anufactures, distributors, dealers and motor vehicle repair businesses to ensure that they do not knowingly render inoperative any device or element of design installed on or in a motor vehicle in compliance with an applicable Federal safety standard. These commercial entities could sell your product, but could not install it if the installation would negatively affect the vehicle's compliance with our standards for occupant protection in interior impacts (Standard No. 201), head restraints (Standard No. 202) of flammability resistance (St andard No. 302). In the first instance, it would be the responsibility of these entities to determine whether there is any possibility of such an effect.

Again, however, the prohibitions of S108(a)(2)(A) 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 the Act by installing the Head Hugger, even if doing so would negatively affect some safety feature in his or her vehicle.

There is an additional aspect of the Act of which you should be aware. The act requires the recall and remedy of motor vehicles and motor vehicle equipment determined to contain a defect relating to motor vehicle safety. If you or NHTSA determine that th e Head Hugger contains such a defect, you must recall and repair or replace the item without charge to the purchaser.

We have enclosed a copy of the act, and an information sheet describing how you can obtain copies or our motor vehicle safety standards and any other NHTSA regulation. Please contact us if we can be of further assistance.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosure

3-11-87

Erika Z. Jones Chief Counsel National Highway Traffic Administration 400 Seventh Street, S.W.- Room 5219

Dear Ms. Jones:

I wish to establish if there is any legal requirement on a new "after market" automotive product which I have designed.

The item is an auto head pillow for use in the reclined seat position.

The item named Head Hugger is upholstered with polyester and polyester and cotton blend fabrics. The filling is fire retardant polyurethane foam block.

If this product manufactured as an after market item falls under any federal regulations, please supply copies of acceptable regulations. Thank you.

Yours Truly,

Robert C. Geschwender

cc: Senator J.J. Exon

HEAD HUGGER TM

(Recliner AUTO PILLOW)

The head hugger is designed to be used in conjunction with reclined auto seats. Although reclined auto seats are offered on many cars the head rests are primarily as a head restraint in the event of rear impact. Most head rests are designed to have a 2 inch clearance between the rest and the occupants head so as not to interfere with head movement. This, however, provides inadequate support in a reclined position.

Head Hugger supports not only the head but also the neck from road jarring. The unique saddle shape of the Head Hugger prevents the resting head from sliding to far too either side. Head Hugger's tapered shape assures a smooth transition betwe en upper seat and the head support.

The unit can be easily installed in any car with a head rest by use of the two velcro straps which are attached to the hood on the back of the Head Hugger. The two strap attachment allows the Head Hugger to be used on either seat including those with s eat belts attached to the head rests.

A trial of the Head Hugger will convince any person of its comfort.