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Interpretation ID: 22898ogm



    Mr. Ray Metzger
    KayRay Products
    P.O. Box 6787
    Spring Hill, FL 34611


    Dear Mr. Metzger:

    This responds to your letter concerning a device your company manufactures known as the "Relax-A-Strap." As indicated by the sample of the device enclosed with your letter, the "Relax-A-Strap" is intended to slide over the shoulder portion of a lap and shoulder seat belt and position this portion of the belt so it does not contact the neck or collarbone of vehicle occupants. According to the instructions accompanying the device, the "Relax-A-Strap" allows an occupant to position the shoulder belt in the manner they desire and then use the device to prevent the belt from being retracted against their body. You request that the agency advise you as to whether the "Relax-A-Strap is safe "for the general consumer to use as per instructions and illustrations."

    The National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

    The agency cannot provide you with the opinion that you seek. There is currently no Federal motor vehicle safety standard that would apply to your product (FMVSS). We do have a standard (FMVSS No. 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply.

    Your product is apparently intended to restrict the operation of the retractor attached to the shoulder portion of a Type II seat belt and allow the shoulder belt to move away from the neck and shoulder of the occupant. It functions as a seat belt positioner. At this time, NHTSA does not have a standard or regulation for seat belt positioners. However, in a notice of proposed rulemaking (NPRM) published in the Federal Register on August 13, 1999 (64 FR 44164)(copy enclosed), we proposed to adopt a consumer information regulation for seat belt positioners. In the NPRM, we proposed to define "seat belt positioner" as "a device, other than a belt-positioning seat, that is manufactured to alter the positioning of Type I and/or Type II belt systems in motor vehicles." Among other things, the NPRM proposed to require the devices to be labeled as not suitable for children of a certain age, e.g., under 6 years old, or a certain height.

    It appears that the Relax-A-Strap would be considered a seat belt positioner under the proposed definition. Assuming we issue a final rule adopting a consumer information regulation, the rule's definition of "seat belt positioner" could be the same as the definition in the NPRM or a logical outgrowth of the proposed definition. We anticipate issuing a final decision on the NPRM in the near future.

    While no FMVSS currently applies to your product, 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 of 49 U.S.C. 30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge. We encourage you to undertake a complete evaluation of your product to determine if its use would degrade the performance of safety belts.

    In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" the vehicle's compliance with any safety standard. It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by a commercial business, it must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

    I hope this information has been helpful. If you have any other questions, please contact Otto Matheke of my staff at this address or by phone at (202) 366-5253.

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosure
    ref:208
    d.9/13/01