Interpretation ID: 1984-2.1

TYPE: INTERPRETATION-NHTSA

DATE: 05/14/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Bane; Allison; Saint & Ehlers; P.C.

TITLE: FMVSS INTERPRETATION

TEXT:

May 14, 1984

John R. Bailen, Esq. Bane, Allison Saint & Ehlers, P.C. 200 West Front Street Fifth Floor Bloomington, Illinois 61701

Dear Mr. Bailen:

This responds to your letter to this office asking about the requirements of Federal Motor Vehicle Safety Standard No. 213 Child Restraint Systems (49 CFR S571.213). Specifically you represent a client who will be manufacturing seat covers which would be attached to the seat of the child restraint system. You stated that you had spoken with Mr. Radovich of our Rulemaking Division, and he had indicated his opinion that the only requirements to which these seat covers might be subject would be the flammability requirements. You asked if this is correct, and if any other requirements were applicable, noting a particular interest in whether any labeling requirements might apply to these seat covers. There are no labeling requirements promulgated by this agency applicable to those seat covers. Further, the flammability requirements incorporated in Standard No. 213 are applicable only if your client wishes to have those covers installed an child restraint systems by manufacturers, dealers, distributors, or repair shops.

Standard No. 213 specifies information which must appear on a label affixed to each child restraint system. However, none of that information relates to the materials used in the seat covers. Hence, Standard No. 213 does not impose any labeling requirements which might be applicable to seat covers for child restraint systems.

Further, Standard No. 213 applies to child restraint systems prior to their first purchase in good faith for purposes other than resale, and not to aftermarket accessories for use with or an the child restraint system. Generally those aftermarket accessories may be added to the child restraint system, even if the addition of those accessories causes the child restraint to no longer comply with Standard No. 213, without violating the requirements of the standard.

This general rule is, however, limited by the application of the provisions of section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (hereinafter "the Safety Act"; 15 U.S.C. 1397(a)(2)(A). That section specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative...any device or element of design installed on or in...an item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,...." Section S5.7 of Standard No. 213 requires that each material used in a child restraint system conform to the requirements of section S4 of Standard No. 302, Flammability of Interior Materials (49 CFR S571.302). If a party were to add a seat cover which did not meet the flammability requirements of Standard No. 302 to a child restraint which was previously certified as meeting those flammability requirements, that act would be interpreted by this agency as rendering inoperative the flammability resistance installed on the child restraint in compliance with an applicable Federal safety standard. If such an act were performed by a manufacturer, dealer, distributor, or repair business, it would be a violation of section 108(a)(2)(A) of the Safety Act, and such a violation would subject the offender to a civil penalty of $1,000 for each violation, as specified in section 109 of the Safety Act (15 U.S.C. 1398).

You should note that the prohibitions in section 108(a)(2)(A) of the Safety Act do not apply to a consumer who renders inoperative some element of design of the child restraint system, and therefore your client's seat cover need not satisfy the flammability requirements for child restraint systems if it is intended to be sold to and installed by consumers. You might wish to inform your client about potential liability under State and common law if the seat covers do not comply with those flammability requirements, in the event those seat covers catch fire.

You may also wish to inform your client about the potential consequences of an item of motor vehicle equipment which is determined to contain a safety-related defect. Should these seat covers catch fire in situations where seat covers which comply with Standard No. 302 would not catch fire, the non-complying seat covers might well be found to contain a safety-related defect. Sections 151-154 of the Safety Act (15 U.S.C. 1411-1414) require that, when an item of motor vehicle equipment contains a safety-related defect, the manufacturer of the item must recall and repair or replace the defective equipment without charge to the purchaser.

If you have any further questions or need more information on this subject, please feel free to contact me.

Sincerely,

Frank Berndt Chief Counsel

BANE, ALLISON, SAINT & EHLERS, P.C.

November 30, 1983

National Highway Traffic Safety Administration 400 Seventh Street SW Washington, D.C. 20590

Attn: Office of Chief Counsel

Re: Child Car Seat Covers

Gentlemen/Ladies:

I represent an individual who shall be manufacturing child seat covers which basically are fabric covers which shall attach to the child car seat. The purpose of this correspondence is to inquire as to whether there are any labeling requirements to which these covers are subject. From preliminary inquiries I have made with the Consumer Products Safety Commission, they inform me that standards, if any, pertaining to this seat, would be under the jurisdiction of NHTSA inasmuch as it is NHTSA that exercises authority over child car seats.

I have discussed this matter briefly with Val Radovich of your office and the only standard to which he thinks these covers may be subject would be flammability standards as provided in Federal Motor Vehicle Standards No. 302 and 213. Because Mr. Radovich is not certain of this, he suggested I contact you for your opinion on this matter. Inasmuch as these seat covers will be coming in contact with children's skin, I was wondering whether any children's clothing labeling requirements might be applicable to this cover.

My client is eager to commence production at the earliest possible date and, of course, will comply with whatever standards to which these covers may be subject. I would appreciate your direction in this regard at your earliest convenience so that I may advise my client in a manner consistent with applicable federal requirements.

Your assistance is most appreciated.

Very truly yours,

John R. Bailen

JRBsv