Interpretation ID: labelsonuppertetherandloweranchorage
Mr. John Nagel
AMSAFE Commercial Products
240-C North 48th Avenue
Phoenix, AZ 85043
Dear Mr. Nagel:
This responds to your letter of February 9, 2001, which you transmitted to this office via facsimile. In that letter, you ask whether under Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems (49 CFR 571.213), the following statement should be put on the lower anchorage belt and/or the upper tether belt:
"CONFORMS TO FMVSS 213/ FMVSS 302."
By lower anchorage belt and upper tether belt, you mean, respectively: (a) the straps of a child restraint system which attach to components that enable the restraint to be securely fastened to the lower anchorages of a child restraint anchorage system (see S5.9(a) of FMVSS No. 213); and (b) the strap of a child restraint system to which a tether hook is attached (S5.9(b)). You explain that your company supplies the belts to a child restraint manufacturer, which then sells the belts with the completed child restraint. You also plan on selling the lower anchorage belts directly to parents who then use the belts to retrofit their existing child restraint systems.
Is the Label Required by FMVSS No. 213?
FMVSS No. 213 does not require you to put such a label on either belt. FMVSS No. 213 applies to new child restraint systems, and not to components of child restraints, such as the belts you supply to child restraint manufacturers.
Manufacturers of child restraints are required to certify that their child restraints meet the requirements of FMVSS No. 213. They certify their restraints by placing a label on the child restraint system that reads: "This child restraint system conforms to all applicable Federal motor vehicle safety standards." (S5.5.2(e)). Because FMVSS No. 213 does not apply to component parts, such as lower anchorage belts or upper tether belts, which are supplied to manufacturers for installation in child restraints, such component parts are not required to have a similar label.
May You Voluntarily Label the Belts?
Whether the label is permissible depends, in part, on how you market and sell the belts. As noted above, you plan to market and sell the belts in two different ways. You plan to sell the lower anchorage belt and upper tether belt to manufacturers and you plan to sell the lower anchorage belt directly to the public. The answer to your question differs for each of these situations, so each situation will be discussed separately. One consideration to bear in mind is that a manufacturer cannot certify that its product meets the requirements of a standard if that particular standard does not actually apply to that product. To do so would be misleading to consumers.
1. Selling the Belts to a Manufacturer
A. "CONFORMS TO FMVSS 213"
Your label is permissible with respect to the statement on the tether strap that refers to FMVSS No. 213, ("CONFORMS TO FMVSS 213..."). However, S5.9 (a) of FMVSS No. 213 does not require child restraints to have the lower anchorage belts until September 1, 2002. A manufacturer cannot certify to a requirement that has not yet become mandatory. Accordingly, you may label the upper tether belt as conforming to FMVSS No. 213, but until September 1, 2002, you can not label the lower anchorage belt with a certification or a "conforms to FMVSS 213" statement.
B. "CONFORMS TO FMVSS 302"
You may label the belts "CONFORMS TO FMVSS 302." Paragraph S5.7 of FMVSS No. 213 specifies that each material used in a child restraint system shall conform to S4 ("requirements") of FMVSS No. 302, "Flammability of Interior Materials." Thus, FMVSS No. 302 is incorporated by reference into Standard No. 213 and applies to the belts. Therefore, a label stating that the belts conform to FMVSS No. 302 would not be misleading.
2. Selling the Lower Anchorage Belts to the Public
You also wish to sell the lower anchorage belt with the abovementioned label directly to the public so consumers can purchase it to retrofit their existing child seats. The use of the label in this instance is not permissible. FMVSS Nos. 213 and 302 do not apply to items of equipment sold in the aftermarket. Accordingly, in this instance, you cannot label the lower anchorage belt as conforming to either FMVSS No. 213 or FMVSS No. 302 because doing so would be misleading.
Sincerely,
John Womack
Acting Chief Counsel
ref:213#225#302
d.6/1/01