Mr. Brian Conaway
    New Product Works
    1827 King Avenue
    Columbus, OH 43212


    Dear Mr. Conaway:

    This responds to your letter of March 8, 2001, asking about a device you have developed which, you believe, should be considered a "child restraint system" under Safety Standard No. 213 (49 CFR §571.213). On April 26, 2001, at your request, you met with National Highway Traffic Safety Administration (NHTSA) representatives Zack Frazer, Michael Huntley, Gaston August, and Dion Casey and Deirdre Fujita of my staff, to show your product and explain why you believe its function is comparable to a child restraint system (more specifically, to a booster seat). We will respond in this letter to questions you asked in your letter and at the meeting.

    According to your letter, your product, which you call "the Hip Hugger," is a small plastic device that attaches to Type II seat belts. (1) You believe that the device is unlike currently available seat belt adjusters because it: (1) positions the shoulder belt, but does so "independent of the lap belt"; (2) does "position the child on the seating surface for optimum protection"; and (3) "positively positions & [sic] holds the type II lap belt in the optimum pelvic location below the iliac crests." You explained in the April 26th meeting that one part of the product performs similarly to a device called a "locking clip" used to secure some child restraint systems. A locking clip is a bracket into which the webbing of a Type II seat belt is threaded. A locking clip typically prevents movement of the latchplate and the webbing of the lap and/or shoulder belt. Your product is not used with child restraints, but acts similarly to a locking clip by "locking" the lap belt portion of the Type II belt over the child's lap. You would instruct parents to lock the lap belt tight enough over the child such that the child will not be able to slouch or scoot forward, even to bend his or her knees at the vehicle seat cushion's edge. Attached to the locking device is a plastic guide through which the shoulder belt portion of a Type II belt is threaded. The guide positions the shoulder belt "so that it does not ride across the neck of the child." You intend to sell the product for use with older children and small adults.

    As explained below, we have carefully considered your suggested interpretation that your product is a child restraint system and regret to inform you that we cannot agree with it.

    By way of background information, 49 U.S.C. Chapter 301 ("the Safety Act") authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment; nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

    There is currently no Federal motor vehicle safety standard that would apply to the Hip Hugger. We do have a standard (Standard No. 209, "Seat Belt Assemblies," 49 CFR §571.209) that sets forth requirements for new seat belt assemblies. However, since the Hip Hugger would not be installed as part of a new seat belt assembly, the standard would not apply.

    Is the Hip Hugger a Child Restraint System?

    You ask in your letter whether your product is a "child restraint system." The answer is no. Federal Motor Vehicle Safety Standard No. 213 (49 CFR §571.213) regulates child restraint systems. In S4 of the standard, we define a "child restraint system" as "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." The Hip Hugger positions a seat belt on children and small adults; it does not restrain, seat, or position children. We do not consider the Hip Hugger to position children in a manner that a booster seat positions children to better use a vehicle's belt system. The Hip Hugger simply locks the belt. The device alone cannot place or arrange the location of a child on a vehicle seat.

    Is the Hip Hugger a Seat Belt Positioner?

    You also ask whether your product is 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 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 Hip Hugger would be considered a seat belt positioner under the proposed definition. The Hip Hugger is not a belt-positioning seat, and it is used to alter the positioning of Type II belt systems. 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 of the NPRM or a logical outgrowth of the proposed definition. We anticipate issuing a final decision on the NPRM in the near future.

    Is the Hip Hugger a Device Other Than a Seat Belt Positioner?

    In the April 26th meeting, you stated that the plastic guide that positions the shoulder belt portion of a Type II belt could be removed, and asked whether the Hip Hugger would be considered a seat belt positioner without it under the proposed definition. Since the proposed definition may change, we believe your question would best be answered in the context of the agency's final rulemaking decision. We will place copies of your letter and this response in the docket for the NPRM.

    Other Considerations and Requirements

    Your product is considered to be an item of motor vehicle equipment. Even though, currently, no Federal motor vehicle safety standard or regulation applies to the Hip Hugger, 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.

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

    Before closing, I would like to raise the following issues about your product. Our safety standards require specific levels of performance for a vehicle's seat belt system. Safety Standard No. 208 has requirements that increase the comfort and convenience of a vehicle's lap and shoulder belt system, to better ensure that seat belts are used. NHTSA found that people disliked when belts became too tight after they were worn for several minutes and their users moved around, and that the discomfort resulted in the belts not being used. For this and other reasons, NHTSA restricted the use of automatic locking retractors on seat belts (46 FR 2064, January 8, 1981). Like an automatic locking retractor, the Hip Hugger causes the lap belt to be tight on the child's hips and prevents the belt from moving when the child wants to shift in his or her seat. We believe that some children could find the belt uncomfortable when restricted in that way, which could have a bearing on their desire to use the belt.

    In addition, Standard No. 208 also has requirements for belts to automatically lock and retract. Your device attaches to the belt system, and will stay in place until the consumer removes it. Since it attaches to the belt system, the Hip Hugger would affect the ability of the system to protect an adult occupant, or a child other than the child for whom the locking mechanism is adjusted. We suggest that you provide clear instructions to the consumer to remove the device from the belt webbing when the belt system is used with an adult, and that there is a need to readjust the device for each child passenger using the belt system.

    In closing, my colleagues and staff wish to thank you for visiting with us to show us your product. Please contact us if you have any further questions.

    Sincerely,

    John Womack
    Acting Chief Counsel

    Enclosures
    ref:209#213
    d.6/1/01

    1. Standard No. 209 defines a Type I seat belt as "a lap belt for pelvic restraint," and a Type II seat belt as "a combination of pelvic and upper torso restraints."