Interpretation ID: aiam3241
President
R.C.S. Enterprises
Inc.
P.O. Box 925
Waynesboro
VA 22980;
Dear Mr. Stehlik: This responds to your letter of February 12, 1979, to Mr. Vladisla Radovich asking whether your 'Kar-Kot' rear seat extension must comply with the Federal motor vehicle safety standard covering child restraints. Your letter was forwarded to my office for reply.; The Federal standard currently in effect for child restraints, Standar No 213, *Child Seating Systems* (49 CFR 571.213), does not apply to 'systems for use only by recumbent or semi-recumbent children.' According to the literature you enclosed with your letter, the Kar-Kot 'has been designed to span the rear floor area and greater part of rear seat' and was 'developed for sleeping/resting'. Since the Kar- Kot is to be used only by recumbent or semi-recumbent children, it is thus exempt from the current standard.; The upgraded version of the child restraint standard, Standard No. 213 *Child Restraint Systems* (44 FR 72131, December 13, 1979), is scheduled to go into effect on June 1, 1980. That standard applies to any device, including devices for use by recumbent or semi-recumbent children, 'designed for use in a motor vehicle to restrain, seat , or position children who weigh not more than 50 pounds.' If the 'Kar-Kot' will only be used by children larger than those intended to be covered by Standard No. 213, *Child Restraint Systems*, your product would not be required to meet the performance requirements of the standard. We note that the literature accompanying your letter makes no mention of any size or age limitations for child (sic) using your product. If the Kar-Kot is not to be used by children under 50 pounds, it should be clearly and permanently labeled to show that it is to be used by a specific size and age range of children.; Regardless of whether it is covered by the standard or not, you product is an item of motor vehicle equipment. Therefore, the recall and remedy provisions of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1411-1420) would apply to any safety- related defects in the Kar-Kot.; If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel