Interpretation ID: 2792y
D.C. (USA) Inc.
1249 Route 22 East
Mountainside, NJ 07092
Dear Ms. Rees:
This responds to your letter of October 9, 1990. In your letter you ask the following questions concerning testing and certification.
(1) If a manufacturer has developed an item that he feels does meet all federal safety regulations, and it is ready to be tested, how would he get it tested? Are there any forms to be filed?
First, please be aware that the United States does not have an approval process. In the United States, a manufacturer of motor vehicles or motor vehicle equipment must certify that its products will comply with all applicable safety standards. Each of this agency's safety standards specifies the test conditions and procedures that this agency will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. The National Highway Traffic Safety Administration (NHTSA) precisely follows each of the specified test procedures and conditions when conducting its compliance testing. However, the Safety Act does not require a manufacturer to test its products only in the manner specified in the relevant safety standard, or even to test the products at all. A manufacturer may choose any means of evaluating its products to determine whether the vehicle or item of equipment complies with the requirements of the safety standards, provided, however, that the manufacturer assures that the vehicle or equipment will comply with the safety standards when tested by the agency according to the procedures specified in the standard. The requirements concerning certification may be found at 49 CFR Part 567.
If the agency testing shows an apparent noncompliance exists with a vehicle or item of equipment, the manufacturer is asked to show the basis for its certification that the vehicle or equipment complies with the relevant safety standard or standards. If in fact there is a noncompliance, the manufacturer is subject to civil penalties under the Safety Act unless it can establish that it exercised "due care" in the design and manufacture of the product and in the evaluation (through actual testing, computer simulation, engineering analyses, or other means) to ensure compliance, but nevertheless did not have reason to know that the vehicle or item of equipment did not in fact comply with the safety standards. While an element of "due care" could be the use of appropriate testing laboratories, there is no explicit requirement that testing laboratories meet specific standards. In addition, NHTSA does not approve independent testing facilities, nor will it recommend any particular testing center be utilized.
Finally, manufacturers are not required to file any forms beyond the requirements of 49 CFR Part 566. This regulation requires a manufacturer to submit its name, address, and a brief description of the items of equipment it manufactures, there is no requirement to submit test data or any other forms to support certification. However, manufacturers would be well advised to retain such data as evidence of their due care in certifying compliance with the safety standards.
(2) We propose to manufacture an automobile seat frame. Since this is only a component of the actual seat, does the firm who puts together the finished seat apply for approval and testing?
As explained previously, neither you nor the firm who puts together the finished seat has to apply for approval and testing. However, your question indicates some confusion regarding the party who is responsible for certifying that the seat complies with federal standards. The answer will vary depending upon the situation in which the seat is installed in a vehicle.
Standard No. 207, Seating Systems, is considered a vehicle standard, because it applies only to new vehicles. Therefore, if a seat which incorporates your seat frame is installed in a vehicle during manufacture, the vehicle manufacturer is responsible for certifying that the completed vehicle complies with all applicable standards, including Standard No. 207. If the seat is added to a new, previously certified, motor vehicle prior to its first sale, the person who modifies the vehicle would be an alterer. An alterer is required to certify that, as altered, the vehicle continues to comply with all of the safety standards affected by the alteration.
Finally, if the seat is sold as aftermarket equipment to be installed in a used motor vehicle, the seat, as a piece of equipment, does not have to comply with any federal standards. However, 108(a)(2)(A) of the Vehicle Safety Act provides, in pertinent part:
No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard...
Therefore, none of these entities could install a seat containing your seat frame if it caused the vehicle to no longer comply with Standard No. 207 or any other standard.
In all of these situations, you, as the manufacturer of the seat frame, have no certification requirements. However, the manufacturer of the seat or the vehicle it is to be installed in will probably require information from you in order to make the necessary certification.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel /ref: Part 567, Std. 207 ref:l2/l8/90