Interpretation ID: Campbell_petition

Mr. David E. Campbell
David Campbell & Associates, Inc.
PO Box 402
Westfield Center, OH 44251-0402

Dear Mr. Campbell:

This letter responds to your phone conversation with Mr. Chris Calamita of my staff concerning a child restraint system (CRS) labeling issue you raised in a petition for reconsideration. You noted a potential conflict between the language required generally for CRS labels and the language required specifically for booster seats.

On October 1, 2002, the agency amended Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child restraint systems, changing some of the format, location, and content requirements for labels. (67 FR 61523, effective October 1, 2003.) Under S5.5.2(g)(1)(ii) of FMVSS No. 213, labels will have to state, "Secure this child restraint with the vehicles child restraint anchorage system if available or with a vehicle belt." You note, however, that the reference to the vehicles child restraint anchorage system is not appropriate for belt-positioning booster seats because these seats are not designed to attach to a child restraint anchorage system. You further note that this statement may cause confusion with the labeling statement required specifically for booster seats under S5.5.2(i). [1]

The agency agrees that there was an error in requiring both the S5.5.2(g)(1)(ii) and S5.5.2(i) statements on belt-positioning booster seat labels. Booster seats should have been excluded from the required language in S5.5.2(g)(1)(ii). We intend to publish a correction prior to the October 1, 2003 effective date of the requirement.At that time, will also address the other issues raised in your petition for reconsideration.

If you have any questions please contact Mr. Chris Calamita of my staff at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:213
d.9/5/03