Product Standards Manager
2525 State St.
Columbus, IN 47201
Dear Mr. Emerson:
This responds to your December 6, 1996 letter asking for confirmation that S188.8.131.52 of Standard 213, "Child Restraint Systems," does not apply to booster seats. Your question relates to a petition for exemption for inconsequential noncompliance that Cosco submitted in July 1996 with the understanding, which you now believe to be incorrect, that S184.108.40.206 applies to those seats. Because you now believe S220.127.116.11 does not apply, you believe there is no noncompliance at issue and wish to withdraw the petition.
You are correct that the booster seats are not subject to S18.104.22.168. S22.214.171.124, which requires that surfaces contacting a dummy's head must be covered with energy absorbing foam, applies by way of S126.96.36.199 to child restraint systems (other than child harnesses) that are recommended for children whose masses are less than 10 kg (weighing less than 22 lb). Those restraints are infant-only and convertible restraints. You state that the booster seats in question are recommended for children whose masses are from 13.6 kg to 27 kg (weighing 30 to 60 lb).(1) Given that recommended range for the boosters, S188.8.131.52 does not apply.
We consider your petition to be withdrawn, as you request, and will take appropriate steps to close the action. If you have any questions, please contact Deirdre Fujita of my staff at (202) 366-2992.
Acting Chief Counsel
1. This accords with S5.5.2(f) of Standard 213, which prohibits booster seats from being recommended for children whose masses are less than 13.6 kg.