Interpretation ID: aiam3666
1611 Mechanic Street
Doylestown
PA 18901;
Dear Ms. Anderson: This responds to your November 21, 1982, letter and subsequent Januar 12, 1983, letter submitting supplementary information concerning a play tray that you want to produce. You ask in general whether that tray would be required to comply with any of the requirements applicable to child seating systems in Standard No. 213, *Child Restraint Systems*. In a conversation that you had with Mr. Roger Tilton of my staff, you indicated that you no longer need information relating to the first two questions raised in your November letter. Accordingly, we will focus on the other issues that you raised.; The play tray that you describe would be attached to a child seat b the use of velcro fasteners secured around the restraint belts of the child seat. You state that the restraints would have to be in their proper position before the tray, which itself is not designed as a restraint, could be attached. You ask whether a manufacturer of a child seat could sell such a tray as a part of its child seating system or whether it could be marketed separately.; If the play tray were marketed as part of a child seat, it would b required to comply with all of the requirements of the standard applicable to child seats. Section S5.2.2.2 prohibits any fixed or moveable surfaces in front of the child except for surfaces that adequately restrain the test dummy in the 20 mph test. If the tray attached to the child restraint so that it is the only surface in front of the child, the child restraint would have to be tested with just the tray as specified in Section S5.2.2.2. It does not appear likely that the tray would comply with those requirements.; If your tray is manufactured and marketed separately to consumers wh own child restraint systems, it would not be required to comply with the requirements of Standard No. 213. That standard applies to new child seating systems that are designed to restrain, seat or position children. Your tray sold by itself would not constitute a child seating system designed to restrain, seat or position children and thus would not be subject to this standard.; You should be aware, however, that your tray would be considered moto vehicle equipment. As such it would be subject to our defect authority. If it were found that a substantial number of your trays were being improperly used as the sole restraint device on a child seat by connecting the tray without using the proper seat belt restraint system, the agency might determine that this constitutes a safety-related defect. Also, this could be the source of product liability suits in the event that your tray was involved in an accident where a child is injured while improperly restrained. From our analysis of your diagrams, this type of misuse appears to be likely.; In a final question, you asked whether the regulations ever change. Th answer to that question is yes. The agency frequently amends its own regulations acting upon new information or changed safety needs. Further, the agency receives petitions from members of the public to amend its regulations. The process for submitting those petitions is outlined in Part 552 of our regulations (copy enclosed).; Sincerely, Frank Berndt, Chief Counsel