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Interpretation ID: 86-2.23

TYPE: INTERPRETATION-NHTSA

DATE: 04/18/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Carol Dingledy

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter to Steve Kratzke of my staff, asking several questions about the effects of an amendment to the buckle force requirements in Standard No. 213, Child Restraint Systems (49 CFR @ 571.213). Buckles used on child restraints manufactured on or after February 16, 1986, must release with a minimum of 9 pounds force and a maximum of 14 pounds force. Buckles used on child restraints manufactured between January 1, 1981, and February 15, 1986, were required to release with a minimum of 12 pounds applied force and a maximum of 20 pounds applied force. Buckles used on child restraints manufactured before January 1, 1981, were required to release with a maximum of 20 pounds applied force. You asked with which buckle release force requirements replacement buckles provided by your company should comply. Assuming that the replacement buckles are to be installed by you or dealers, distributors, or repair businesses, the answer is that the buckles may, at your option, comply with either the release force requirements applicable to child restraint buckles as of the date of manufacture of the child restraint or with the current buckle release force requirements.

Standard No. 213, like all of our safety standards applicable to items of motor vehicle equipment, does not apply to the equipment after its first purchase in good faith for purposes other than resale. This general rule is, however, limited by the provisions of section 108(a)(2)(A) of the Safety Act (15 U.S.C. 1397(a)(2)(A)), which specifies: "No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative . . . any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard . . . ." Please note that these prohibitions do not apply to the child restraint owner rendering inoperative some element of design installed on his or her child restraint. Hence, replacement buckles that are sold to and installed by child restraint owners are not required to comply with the provisions of Standard No. 213.

However, if you as a manufacturer, or any dealers, distributors, or repair businesses were to remove complying buckles from a child restraint and replace them with buckles that did not comply with Standard No. 213, this would violate section 108(a)(2)(A). This result arises because buckles with the specified release force levels were installed on an item of motor vehicle equipment (the child restraint system) in compliance with an applicable Federal motor vehicle safety standard (Standard No. 213). Section 109 of the Safety Act (15 U.S.C. 1398) specifies that each violation of section 108(a)(2)(A) subjects the violator to a potential $ 1,000 civil penalty.

Assuming that you or your dealers and distributors will be installing the replacement buckles, section 108(a)(2)(A) gives you an option of which release force requirements the replacement buckles must meet. In connection with several other standards that have been amended, the National Highway Traffic Safety Administration has stated its opinion that a manufacturer, distributor, dealer, or repair business does not knowingly render inoperative an element of design by replacing components installed in satisfaction of a safety standard with other components used in newer items of the same type in satisfaction of the same standard, even if the newer version of the standard imposes less stringent performance requirements. See, for example, the enclosed opinion issued when Standard No. 121, Air Brake Systems, was amended; 42 FR 26279, May 23, 1977. In this context, this opinion means that child restraint manufacturers may install replacement buckles that either:

1. comply with the requirements of Standard No. 213 as of the date the child restraint was manufactured; or

2. comply with the current requirements of Standard No. 213.

If you have any further questions, please let me know.

Sincerely,

Enclosure

ATTACH.

COSCO INC.

OCC 0062

Steve Kratsky -- NHTSA, Office of Chief Counsel

January 16, 1986

Dear Mr. Kratsky,

I am interested in receiving clarification about the FMVSS 213 amendment for reduction of pressure required to operate buckles on child restraints. This amendment, effective February 16, 1986, will require child restraints to have buckles with a release pressure of not less than 9 or more that 14 pounds, instead of the original 12 pounds minimum.

My questions regarding the provision of replacement buckles for child restraints are as follows:

1. Which type buckle will need to be provided for child restraints manufactured prior to January 1, 1981?

2. Must we provide 12 pound minimum pressure buckles for child restraints manufactured between January 1, 1981 and February 16, 1986 so they will continue to be in compliance with the FMVSS 213 standard in effect at time of manufacture?

3. Must we provide buckles meeting the amendment requirements for child restraints manufactured between January 1, 1981 and February 16, 1986 so they will be in compliance with the current FMVSS 213 standard as amended?

Thank you for your assistance.

Sincerely,

Carol Dingledy -- Communications Supervisor