Interpretation ID: nht78-1.29

DATE: 12/18/78

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Volvo of America Corporation

TITLE: FMVSS INTERPRETATION

TEXT:

DEC 18 1978

NOA-30

Norman Friberg, P.E. Engineer Regulatory Affairs Volvo of America Corporation Rockleigh, New Jersey 07647

Dear Mr. Friberg:

This is in response to your letter of November 1, 1978, asking whether the Volvo "Child Cushion" must comply with Federal Motor Vehicle Safety Standard No. 213, Child Seating Systems. You state that the "Child Cushion" is "designed to be used by children in the approximate age range of 6 to 12 years" for the purpose of raising the child "so that the seat belt system properly distributes deceleration forces over the child's torso in the event of impact, and to greatly reduce the probability of 'submarining'."

Section 3 of Standard No. 213 currently defines a "child seating system" as "an item of motor vehicle equipment for seating a child being transported in a motor vehicle." In adopting that definition, the agency intended to cover all devices designed to seat children in motor vehicles, regardless whether a device provides restraint (38 FR 7562,1973). Although you state that the Volvo "Child Cushion" is "in itself not a restraint system" it would be covered by Standard No. 213 if it is designed to seat a child.

As you point out, Standard No. 213 does not currently specify the size or age range of children to which the standard is applicable, while proposed Standard No. 213-80, Child Restraint Systems, does specify a size range (43 FR 21470, 1978). Section 4 of the proposed new standard defines a "child restraint system" as "any device, except Type I or Type II seat belts, designed for use in a motor vehicle to restrain, seat, or position children who weigh not more than 50 pounds."

Although current Standard No. 213 does not specify the size and age range of the children intended to be protected, an upper limit of 50 pounds is indicated by a number of the standard's requirements. Section 5 of Standard No. 213 provides that the torso block to be used in conducting the static tests specified in the standard is the same torso block as used in Standard No. 209, Seat Belt Assemblies, to test Type 3 belt assemblies. Standard No. 209 defines a Type 3 assembly as "a combination pelvic and upper torso restraint for persons weighing not more than 50 pounds or 23 kilograms and capable of sitting upright by themselves, that is children in the approximate age range of 8 months to 6 years." In addition, the static load requirements of Section 4.11 of Standard No. 213 were designed to reflect the loads that would be imposed on a 40-50 pound child in a 30 mph crash (35 FR 5120, 35 FR 14778, 1970). Therefore, Standard No. 213, like proposed Standard No. 213-80, is intended to apply only to child restraints for children weighing 50 pounds or under.

If the Volvo "Child Cushion" is designed only for children larger than those intended to be covered by Standard No. 213, the "Child Cushion" would not be required to meet the performance requirements of the standard. However, the agency is interested in learning of any test data that Volvo has comparing the protection provided by use of the "Child Cushion" and a three-point belt with the protection provided by use of only a three-point belt. A representative of the agency's rulemaking office will contact you concerning this request. Likewise, in order to ensure the safe use of the Volvo "Child Cushion, it is recommended that the device be clearly and permanently labelled to show that it is to be used with a three-point belt only by a specific size and age range of children.

Sincerely,

Joseph J. Levin, Jr. Chief Counsel

November 1, 1978

Mr. Joseph J. Levin, Chief Counsel Department of Transportation National Highway Traffic Safety Administration 400 Seventh Street, S.W. Washington, DC 20590

Re: Request for Interpretation, FMVSS No. 213

Dear Mr. Levin:

Volvo has developed a device which extends the protection of a vehicle's seat belt system to children too large to benefit from child seating systems currently on the market. This item is called the Volvo Child Cushion, and is designed to be used by children in the approximate age range of 6 to 12 years.

The Child Cushion is in itself not a restraint system; its purpose is to raise the child so that the seat belt system properly distributes decelleration forces over the child's torso in the event of impact, and to greatly reduce the probability of "submarining".

We feel that this device fills a need for adequate protection for children six years of age and older; in other words, too big for a child seat, but too small to derive full benefit from seat belts alone. The Child Cushion may be used in most vehicles with a 3-point seat belt system.

In the current FMVSS No. 213, there is no definition of the size or age range for which the standard is applicable. In the proposed FMVSS No. 213-80, however, it is clear that the standard is designed to protect children weighing 50 pounds or less, or younger than 5 years old. This is below the range for which the Child Cushion is intended. Naturally, the cushion would have to be clearly labelled to reflect the age and/or weight limitations of its use.

In our opinion, the child cushion is designed for use by children larger than those covered by FMVSS No. 213. The standard is therefore not applicable to the Volvo Child Cushion. Please advise as to whether you agree with this interpretation.

The enclosed literature illustrates the design and use of the Volvo Child Cushion.

Please let me know if I can be of assistance.

Sincerely,

VOLVO OF AMERICA CORPORATION Product Planning & Development

Norman Friberg, P.E. Engineer, Regulatory Affairs

NF/dpl ENCLOSURE