Interpretation ID: SILVERMA.GM

Howard A. Silverman, Esq.
General Motors Corporation
Mail Code 480-106-304
30500 Mound Rd.
Warren, Michigan 48090-9055

Dear Mr. Silverman:

This responds to your June 24, 1996, fax asking about a requirement in Standard 213, "Child Restraint Systems," for labeling "built-in" child seats, i.e., a seat designed to be "an integral part of and permanently installed in a motor vehicle" (S4, Standard 213).

Paragraph S5.5.4(b) and S5.5.5(f) of Standard 213 require built-in seats to be labeled with a statement about the manufacturer's recommendations for the mass, weight and height of children who can safely occupy the system. There are several statements set forth in S5.5.5(f), each with blanks for the manufacturer to insert the recommended values. To illustrate, the statement of S5.5.5(f)(2) is as follows:

This child restraint is designed for use only by children who weigh between ____ and ____ pounds (insert appropriate metric values; use of word "mass" is optional) and whose height is (insert appropriate values in English and metric units) or less and who are capable of sitting upright alone.

(Italics in text.)

In the statements of S5.5.5(f), the English unit (weight) unit is specified first, and the metric unit (mass), second. You ask whether this order may be reversed. You explain that Canada requires the metric measurements to be stated first. You indicate that if the National Highway Traffic Safety Administration (NHTSA) were to permit the metric unit to be first, GM could use "a common label on built-in child restraints installed on vehicles destined for the United States and Canada."

Our answer is that you may specify the metric unit first. Standard 213 does not specify the sequence of the required information. Further, prior to the requirement that metric values be included on the label, a manufacturer asked NHTSA whether it could voluntarily provide metric units on the label in addition to the English units. NHTSA stated that the metric units may be provided, "[a]s long as the information is presented in a manner that is not likely to cause confusion . . . ." (April 17, 1989 letter to Robert Craig, copy enclosed.) The agency did not indicate that providing the metric unit before the English unit would cause confusion, nor do we believe it likely that such labeling would.

We emphasize, however, that regardless of which unit is provided first, the agency will refer only to the metric value to determine which dummy will be used to test a child restraint. This decision was thoroughly discussed in the final rule adopting the requirement that child seat labels provide both metric and English units. 60 FR 35126, 35131; July 6, 1995.

If you have further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,



Samuel J. Dubbin
Chief Counsel

ref:213
d:7/24/96