Interpretation ID: aiam3875
P.O. Box 693652
Miami
FL 33269;
Dear Mr. Freeland: This responds to your letter to Mr. Radovich of the Rulemaking divisio of this agency, requesting an interpretation of the requirements of Standard No. 213, *Child restraint systems* (49 CFR S571.213). Specifically, you stated that you had developed a child restraint system which was built into the vehicle seat, and asked how to proceed to have this child restraint certified as complying with Standard No. 213. As currently written, Standard No. 213 does not accommodate your type of restraint.; A manufacturer of a child restraint system is required to certify tha each child restraint system manufactured by it complies with all of the requirements of Standard No. 213, and adding a statement to that effect to the label required by section S5.5 of the Standard. This certification need not be based on actual test results, NHTSA only requires that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer to determine what test results, engineering analysis, or other data would be sufficient to enable it to meet the due care requirement in certifying that its child restraints comply with the standard. Certainly, we would recommend that a manufacturer marketing a new child restraint design test that restraint in accordance with the test procedures specified in the standard.; As you will see from the enclosed copy of Standard No. 213, Sectio S5.3.1 of the standard requires each child restraint system to be capable of being restrained by a type 1 seat belt system. In addition, the test procedures in section S6 specify that the child restraint is to be tested by attaching it to a standard vehicle seat solely by the vehicle seat's lap belts. Your design, which incorporates the restraint into a vehicle seat, could not be attached to a standard vehicle seat by means of lap belts.; Standard No. 213 would have to be amended in order for you to be abl to certify that your child restraint satisfies all the requirements of that standard. 49 CFR Part 552, *Petitions for Rulemaking, Defect, and Noncompliance Orders* (copy enclosed) gives interested persons the right to petition this agency for amendments (sic) a safety standard, and sets forth the required contents of the petition, the address to which it should be sent, and the procedures which will be followed by the agency in evaluating the petition. If you wish, you may file such a petition. Should such a petition be granted, this agency would follow its normal rulemaking procedures to amend Standard No. 213.; If you have some further questions or need further information on thi subject, please contact Mr. Steve Kratzke of my staff at this address or by telephone (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel