Interpretation ID: nht74-3.33

DATE: 09/04/74

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Bolt, Beranek and Newman, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 25, 1974, asking whether a new model Bunny Bear 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 be 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 attempt 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 proposed certification statement appears 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.

Bolt Beranek and Newman Inc.

July 25, 1974

Richard Dyson Acting Chief Counsel -- NHTSA

The purpose of this letter is to request clarification of the applicability of FMVSS 213.

For several years, Bolt Beranek and Newman Inc. has provided technical consulting and testing services to Bunny Bear, Inc. of Everett, Massachusetts, among other child seat manufacturers. Bunny Bear is now in the process of introducing to the market an unusual new child seat. In accordance with its customary practice, Bunny Bear has solicited BBN's opinion as to whether its new seat meets all requirements of FMVSS 213.

The new seat is convertible from a semirecumbent infant carrier to an upright child seat, and is designed to eliminate the need for purchasing two different restraint systems as a child grows. In its child seat mode, it is a conventional forward-facing child seat. In its infant carrier mode, however, it is installed so that the child sits in a semirecumbent position with its spine oriented perpendicularly to the longitudinal axis of the automobile. The seat label and instructions state explicitly that it is to be used in the semirecumbent, sideways-facing mode only for infants weighing less than 15 lbs and unable to sit upright by themselves.

S2 of FMVSS 213 states that "This standard does not apply . . . to systems for use only by recumbent or semirecumbent children." S4.11.1(b) requires that "A child seating system in which the attitude of the child is adjustable pursuant to the instructions provided in accordance with paragraph S4.2 shall meet these requirements at each designed adjustment position."

The question that concerns us here is whether FMVSS 213 is applicable to this child seat when it is used in its semirecumbent, sideways-facing mode. The answer to this question appears to hinge upon whether the two modes of seat use are viewed as separate types of seating systems or merely as different adjustment positions.

We believe that the semirecumbent mode does not represent a different adjustment position as that term is used in S4.11.1(b), but rather represents a conversion of the seat for use exclusively by semirecumbent infants weighing less than 15 lbs. This conversion will occur only once, when the child's weight reaches 15 lbs; the seat will not be adjusted back and forth from one mode to the other.

On the basis of this reasoning, we have advised Bunny Bear that we do not believe that FMVSS 213 applies to the seat when used in its semi-recumbent sideways-facing mode. We would appreciate your comments regarding the correctness of our interpretation, since, if it is not correct, we must devise some method of conducting performance tests for the seat when used in its infant carrier mode.

Duncan C. Miller

Samuel Linden, Bunny Bear, Inc.

Bunny Bear, Inc.

August 14, 1974

Micheal Peskoe National Highway Traffic Safety Adm.

As you know, Dr. Duncan Miller of Bolt, Beranek & Newman, Inc. has contacted you on behalf of Bunny Bear, Inc. requesting clarification of the applicability of FMVSS 213 to our new car seat when used in the semirecumbent infant carrier position and placed laterally on the automobile seat.

Dr. Miller has asked me to send you a copy of our instructions to help you in your evaluation of the child seating system.

Enclosed you will find a copy of the instruction booklet which, of course, will not be printed until the final clarification has been made. This is merely a copy of the proof. The information will illustrate exactly how this item is used.

Thank you for your consideration of this matter.

Samuel Linden Executive Vice President

cc: Duncan Miller

Bunny Bear

AMERICA'S OLDEST MANUFACTURER OF NURSERY NECESSITIES SINCE 1918

NURSERY LANE

EVERETT, MASS. 02149

INSTRUCTIONS

THE SWEETHEART SEAT II (trademark)

THIS SEAT IS DESIGNED TO CONFORM TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE.

GENERAL INSTRUCTIONS

Please read thoroughly and follow carefully all instructions so that all safety features designed and built into this seat will be effective.

The certification label attached to the back or bottom contains important information which must be followed for proper use of this child's seat. Please do not remove this label

Use only in passenger cars at seating positions having an adult seat belt which can be used as per instructions given inside.

NOT FOR USE AT SEATING POSITIONS WHERE AN AUTO SHOULDER BELT IS PERMANENTLY ATTACHED TO THE AUTO LAP BELT.

WE RECOMMEND THAT THIS CHILD SEAT BE USED IN THE CENTER OF THE REAR SEAT WHENEVER POSSIBLE. THIS WILL PROVIDE INCREASED PROTECTION FOR THE CHILD.

Always loosen the lap belt attached to the child seat when changing from one position to another.

Be sure shoulder straps go through bottom slot in seat back when used in infant carrier position and through the top slot when used in the full upright position. (See instructions inside).

The strap in back of the child seat connecting the top and bottom frames, should always be centered on the bottom frame. It spreads the distribution of impact forces when child seat is used in upright position.

FASTENING CHILD INTO INFANT CARRIER OR UPRIGHT POSITION

1. When used in infant carrier position, the shoulder harnesses should come through the bottom slot in the child seat back. (See Diagram C-1)

2. When used in the upright sitting position, the shoulder harnesses should come through the top slot in the child seat back. (Diagram C-1).

To change shoulder straps from one slot to another simply pull ends of shoulder straps through adjustment slides -- one on each shoulder strap -- releasing them from the harness system. Then pull straps back through the slot they are in and thread through other slot back to front. Rethread ends of web through slots of eye loops and then through adjustment slides - reconnecting the harness system. (Diagram C-2 & C-3).

(Graphics omitted)

3. With snap buckle released and 5 point harness system loose, place child in infant carrier or in upright position. (Diagram C-4).

4. Place the shoulder straps one over each shoulder of the child. (C-4).

5. Bring each end of lap belt together so that the eyes of the metal loops - one on each end of the lap belt -- overlap on top of each other, aligning the holes. (Diagram C-5).

6. Bring tongue of snap buckle through the eyes of the metal loops and snap together securely. (Diagram C-5).

7. All belts have adjustment slides (C2). Adjust lap belt and crotch strap to fit around child's hips and lap, not around child's waist. Adjust straps to fit as snugly as possible and still be comfortable Leave one inch of space between shoulder straps and child's chest. (C6).

8. Bring ends of all straps back through slides for added locking strength. (Diagram C-3).

(Graphics omitted)