Interpretation ID: label on booster seat

Richard A. Wilhelm, Esq.

Dickinson Wright

500 Woodward Avenue, Suite 4000

Detroit, MI 48226-3425

Dear Mr. Wilhelm:

This responds to your letter asking about the labeling requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child restraint systems, as applied to a belt-positioning backless booster seat. You ask whether the label required by the standard may be located on the front edge of the booster seat cushion. Our answer is yes.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards that set performance requirements for new motor vehicles and items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, the National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30101 et seq.) establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion about the location of the label based on the information in your letter.

S5.5.3 of FMVSS No. 213 specifies, in relevant part, that certain safety information shall be located on the add-on child restraint system so that it is visible when the system is installed as specified in S5.6.1 S5.6.1 requires the restraint system to be accompanied by printed installation instructions in English that provide a step-by-step procedure, and includes other requirements for the content of the installation instructions. The agency stated in the preamble to a final rule revising S5.5.3 that [t]he specified information must be visible from either side when the child restraint is installed as specified on the standard bench seat. (67 FR 61523, 61525, October 1, 2002, Docket 10916, Notice 2.).

According to your letter, your client would like to place the required warning label centered on the front edge (forward-facing portion) of the booster seat cushion. You state that the forward-facing surface is 303 millimeters (mm) by 100 mm (approximately 12 by 4 inches), while the dimensions of the label are 267 mm by 73 mm (~10.5 by 3 inches). You explain that your client selected this location for the label because the label would be prominently visible when the booster seat is installed in the vehicle and because the limited space on one of the two sides of the booster seat would make it more difficult to place the labels on the sides of the child restraint.

We have determined that the label location you suggest is permitted. The label is visible when the system is installed as specified in S5.6.1 on the standard seat assembly (bench seat). The label is visible from either side when installed on the bench seat. You ask whether we require the label to be fully visible when the restraint is occupied by a secured child, which would be problematic for your label since it would be partly covered by a seated childs leg. The answer is no, FMVSS No. 213 does not specify that the visibility of the label will be evaluated when a child or child test dummy is placed in the restraint. Moreover, we agree with your assessment that, at most, placing the label in the front of the restraint might result in a childs leg having to be momentarily moved should it obscure a portion of the label.

I hope this information is helpful. If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,

Anthony M. Cooke

Chief Counsel

ref:213

d.10/4/06