Interpretation ID: 24229mass

John K. Stipancich
Vice President
Evenflo Company, Inc.
707 Crossroads Court
Vandalia, OH 45377

Dear Mr. Stipancich:

This responds to your letter to the National Highway Traffic Safety Administration (NHTSA) asking about S5.4.3.2 of Federal Motor Vehicle Safety Standard No. 213, "Child Restraint Systems" (49 CFR 571.213). I regret the delay in responding.

You ask whether S5.4.3.2 of Standard No. 213 applies to belt-positioning seats. You believe it does, but have observed that some of your competitors have produced belt-positioning seats that do not appear to comply with that section.

Section S5.4.3.2 states, in pertinent part:

S5.4.3.2 Direct restraint. Except for a child restraint system whose mass is less than 4.4 kg, . . . each Type I and lap portion of a Type II vehicle belt that is used to attach the system to the vehicle shall, when [dynamically] tested in accordance with S6.1, impose no loads on the child that result from the mass of the system . . .

The agency has decided that it will not enforce the requirements of S5.4.3.2 against belt-positioning seats that have a mass greater than 4.4 kg until further notice. While the agency believes that the mass of the seats should be limited so as not to subject the child occupant to excessive loading in a crash, the agency has concerns about the enforceability of the provision against manufacturers of belt-positioning seats that have a mass greater than 4.4 kg. Accordingly, the agency will not apply the provision to belt-positioning seats until further notice.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:213
d.4/11/03