Interpretation ID: aiam3035
President
Pacific & Atlantic Marketing Services
90 Booralie Road
Terrey Hill
2084
Australia;
Dear Mr. Budrodeen: This responds to your June 21, 1979, request for information on how t obtain the National Highway Traffic Safety Administration's (NHTSA) approval for a child seating device, the G.T.A. Booster Cushion, you wish to market in the United States.; The National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *e seq*.), a copy of which is enclosed, does not authorize NHTSA to approve products. Section 114 of the Act requires 'self-certification' by manufacturers that their products comply with applicable standards.; According to your letter, the product you wish to market is 'designe primarily to raise children to see out the windows of an automobile' and is meant for children in the 5-10 year old age group. You also state that the device can be used with a lap or lap-shoulder seat belt or a child harness to restrain a child.; Federal Motor Vehicle Safety Standard No. 213, *Child Seating Systems* establishes performance requirements for items of equipment used to seat a child being transported in a motor vehicle. Although the G.T.A. Booster Cushion does not have an integral restraint system, it could be covered by Standard No. 213 if it is designed to seat a *child*.; Standard No. 213 does not currently specify the size or age range o children to which the standard is applicable, while NHTSA'S proposed Standard No 213-80, a copy of which is enclosed, does specify a size range. In previously interpreting Standard No.213, however, the agency has stated that the standard is intended to apply only to child restraints or seats for children weighing 50 pounds or under.; If the G.T.A. Booster Cushion will only be used by children larger tha those intended to be covered by Standard No. 213, the G.T.A. Booster Cushion would not be required to meet the performance requirements of the standard. We note that the advertisement accompanying your letter makes no mention of any size or age limitations for children using the seat. Further, the agency is concerned that even if the seat and advertisement clearly indicated such limitations, the G.T.S. Booster Cushion will be bought for and used by children smaller and younger than those limits. Regardless of whether it is covered by the standard or not, the G.T.A. Booster Cushion is considered an item of motor vehicle equipment. Therefore, the recall and remedy provisions of the Act (15 U.S.C. 1411-1420) would apply to any safety- related defect in the G.T.A. Booster Cushion.; The agency is interested in learning of any test data that you hav concerning the protection provided by use of the G.T.A. Booster Cushion. In particular, the agency is interested in learning of any tests comparing the protection provided by use of the G.T.A. Booster Cushion in conjunction with a lap or lap-shoulder seat belt, with the protection provided by use of only a lap or a lap-shoulder seat belt. Copies of that information should be sent to:; >>>Mr. Ralph Hitchcock, Chief Crashworthiness Division Office of Vehicle Safety Standards National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590<<< If you have any further questions, please let me know. Sincerely, Frank Berndt, Chief Counsel