Interpretation ID: nht88-3.65

TYPE: Interpretation-NHTSA

DATE: October 7, 1988

FROM: George T. Miller -- Child Riding Inc.

TO: Erika Jones -- Chief Counsel, NHTSA

TITLE: Re Childing Riding, Inc.

ATTACHMT: Attached to letter dated 9-13-90 from P.J. Rice to R.J. Sullivan (A36; Std. 213); Also attached to letter dated 10-23-89 from R.J. Sullivan to D. Fujita (OCC 4098)

TEXT:

NHTSA held a public meeting in Washington on August 9, 1988. My presentation at the meeting was limited to a discussion of built-in restraints. I expressed concern that a super-technical construction of the new regulations might serve to deny the publi c access to this new technology.

After the meeting I spoke with Ms. Joan Tillman. She recognized my concern. However, she stated that it was not the intention of NHTSA to be super-technical in its interpretation of Standard 213. However, she made it clear that a formal interpretation of Standard 213 can be made only in response to written inquiry directed to your attention.

On January 22, 1988 Federal Motor Vehicle Standard 213, CHILD RESTRAINT SYSTEMS, was amended to permit installing built-in child restraint systems in passenger cars.

The stated purpose of the Agency was to amend 213 "only to the extent necessary to accommodate built-in restraints. In those instances where specifications would not accommodate built-in restraints, the Agency proposed creating a separate requirement fo r each kind of restraint" (see Fed. Reg. Vol. 53, No. 14 pg. 1783).

Accordingly, S4 of CFR 571.213 was amended in part, as follows:

(a) "Built-in child restraint system" means any child restraint system which is an integral part of a passenger car.

"Specific vehicle shell" means the actual vehicle model part intowhich the built-in child restraint system is fabricated, (Emphasis Added) including the complete surroundings of the built-in system. If the built-in child restraint system is manu factured as part of the rear seat, these surroundings, include the back of the front seat, the interior rear side door panels and trim, the rear seat, the floor pan, the B and C pillars, and the ceiling.

In addition, S7.3 of 49 CFR 571.213 was revised to read as follows:

S7.3 Standard test device.

(b) The standard test devices used in testing built-in child restraint systems under this standard are either a specific vehicle shell or a specific vehicle. (Emphasis Added).

We are prepared to test our built-in child restraint system in a specific vehicle shell or a specific vehicle.

We would expect to successfully test the built-in restraint in your standard small, medium and large size vehicles before offering it to the general public.

This approach would seem to be consistent with the stated purpose of NHTSA. This will mean that your typical young family (who may not be able to afford a new vehicle) can now avail itself of the convenience and safety offered through use of a built-in restraint.

However, we do have a major concern. If NHTSA makes a super-technical interpretation of Standard 213; then it could require that the built-in restraint be tested in each and every vehicle before the restraint could be properly used in any particular mod el. For example, using such reasoning, NHTSA could require that the manufacturer crash test a 1977 Ford before permitting a sale of the restraint to the owners of 1977 Fords.

I would appreciate it if I could have official confirmation from NHTSA that no such requirement was intended. I would also hope the NHTSA could publish some guide-lines on this problem.

Please understand that, absent such guidelines, the manufacturers of built-in restraints unnecessarily risk considerable financial exposure.

I plan to be in Washington next week and I would like to take the opportunity to show you the completed and installed prototype of our new seat.

Thank you for your consideration in this matter