Interpretation ID: 17170.volvo

Mr. William Shapiro
Director, Regulatory Compliance and Environmental Affairs
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647-0913

Dear Mr. Shapiro:

This responds to your January 30, 1998, letter to the National Highway Traffic Safety Administration (NHTSA) following up on an earlier interpretation to you concerning Volvo's manufacture of a rear-facing toddler restraint. The restraint would be used rear-facing only, and recommended for children weighing between 20 and 40 pounds (lb.). I regret the delay in responding.

Your earlier letter asked about the labeling requirements in Federal Motor Vehicle Safety Standard No. 213, "Child Restraint Systems," for a rear-facing restraint that would be recommended only for children weighing 20 to 40 lb. You did not describe the restraint in detail. Your present letter provides the following description:

[T]he Volvo CRS [child restraint system] is secured by a Type I seat belt assembly (as defined by in FMVSS 209). Additionally, the Volvo CRS is secured by a bar which is attached to the back of the Volvo CRS, the other end of the bar resting against the vehicle (certification platform) floor. This same configuration and installation procedure would be used in a vehicle during normal, i.e., "everyday," use.

You specifically ask about the "installation" requirement in S5.3.2 of the standard, as it would apply to your restraint. S5.3.2 states, in pertinent part:

When installed on a vehicle seat, each add-on child restraint system . . .shall be capable of being restrained against forward movement solely by means of a Type I seat belt assembly (defined in 571.209) that meets Standard No. 208 (571.208), or by means of a Type I seat belt assembly plus one additional anchorage strap that is supplied with the system and conforms to S5.4. . . .

You ask for confirmation that the term "additional anchorage strap" would include the bar you would use in your system. We have carefully considered your suggested interpretation and regret that we cannot confirm it. We interpret a "strap" to consist of flexible material. S5.3.2 specifies that a strap may be provided so long as the strap conforms to S5.4. Because S5.4 sets forth requirements for belts, belt buckles and belt webbing, it is clear that any "strap" provided must be of belt webbing. Further, S5.3.2 is meant to support the standardization of the means of attaching child restraints to increase the likelihood that child seats are properly installed.  The reference to the "additional anchorage strap" made allowances for the provision of a top tether anchorage strap, which was at one time provided on most, if not all, forward-facing child restraints. The bar you ask about would be unique to your system and inconsistent with the standardized method of attaching a child restraint.

It should be noted that determining conformance with S5.3.2 is made when the child restraint seat is "on a vehicle seat." Due in part to the quoted language, the agency will assess the performance of the child seat using just the vehicle seat and not the floor. Also, under S6.1.2 of Standard 213, your type of child restraint system must meet performance requirements when "secured to the standard vehicle seat using only the standard vehicle lap belt." The quoted phrase means that NHTSA will not use a means supplemental to the lap belt, such as a bar, of securing a child seat to the vehicle seat in the agency's compliance test. The lap belt alone is used because the agency found that a very high percentage of parents did not use the supplemental tether strap to secure their child seats even when they knew the strap was needed to provide their child protection. Your bar would be supplemental to the lap belt attachment, similar to a tether on a child seat. Similar to a tether, there is a strong likelihood that the bar would be misused with the seat. Accordingly, for the same reasons that a tether is not used in the compliance test, the bar could also not be used in the compliance test.

I hope this answers your questions. If we can be of further assistance, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:213
d.7/6/98