Interpretation ID: aiam4420
Lin-Mart
P.O. Box 82431
Lincoln
NE 68501-2431;
Dear Mr. Geschwender: This responds to your November 1, 1978 letter to me asking whether an 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 and 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 th 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 motor 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 Federal motor vehicle safety standard.; However, if the Head Hugger will be installed in new or used vehicle 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 manufacturers, 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) or flammability resistance (Standard 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 th 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 the 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 describin how you can obtain copies of 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