Interpretation ID: aiam1589
Bolt
Beranek and Newman
Inc.
50 Moulton Street
Cambridge
MA 02138;
Dear Dr. Miller: This is in reply to your letter of July 25, 1974, asking whether a ne model Bunny Dear (sic) child seat ('Sweetheart Seat II') must meet the requirements of Standard No. 213 when the seat is used as an infant carrier. We received from Mr. Samuel Linden of Bunny Bear the tentative instruction sheet which will be furnished with this device. According to these instructions, the device is to be installed laterally across the vehicle seat when used as an infant carrier ('for children weighing 15 lbs. or less and unable to sit up alone') and in the traditional forward-facing mode when used as a child seating system ('by children capable of sitting upright by themselves, and weighing between 15 lbs. and 40 lbs., and whose height is between 24 inches and 40 inches'). The vehicle lap belt is installed differently in each mode, and an adjustment must also be made to the frame when converting from one mode to another.; We would not consider the device, when used as an infant carrier to b a child seating system under Standard No. 213. It would consequently not be required to meet the standard's requirements when installed in that mode. Although S4.11.1 of Standard No. 213 does require that a child seating system in which the attitude of the child is adjustable meet the standard's requirements at each designed adjustment position, we believe the differences in installation for this Bunny Bear device are sufficiently extensive that the modification to an infant carrier is bona fide, and not merely a different adjustment position.; We are concerned, however, about the possibility that users may attemp to recline the device (by loosening and adjusting the wing nuts in the base) when the device is attached to the vehicle in the forward-facing position. Although this adjustment position is not mentioned in the instruction sheet, it seems from the sheet that such an adjustment is possible. The instruction on page 1 of the sheet reading, '[a]lways loosen the lap belt attached to the child seat when changing from one position to another,' adds some further ambiguity on this point. Consequently, we believe that the seat must meet the requirements of Standard No. 213 when reclined in the forward-facing position unless the instruction sheet is changed to clearly indicate that the device should not be reclined when attached in that position.; In addition, because the device has a dual use, we believe the propose certification statement appearing on the first page of the instruction sheet is misleading. It implies that the device meets applicable Federal standards in all configurations, although no standards exist for infant carriers. Accordingly, the statement should reflect the fact that no Federal standards exist for infant carriers.; Yours truly, Richard B. Dyson, Acting Chief Counsel