Interpretation ID: nht89-3.22

TYPE: Interpretation-NHTSA

DATE: October 23, 1989

FROM: Richard J. Sullivan -- Attorney at Law

TO: Deirdre Fujita -- NHTSA

TITLE: Re Child Riding, Inc. Hideaway Safety Seat

ATTACHMT: Attached to letter dated 10-7-88 from G.T. Miller to E. Jones (OCC 2652); Also attached to letter dated 9-13-90 from P.J. Rice to R.J. Sullivan (A36; Std. 213)

TEXT:

Enclosed please find a videotape which details the installation of Child Riding, Inc.'s Hideaway Safety Seat.

As we discussed, the corporation has been waiting for a letter of interpretation from NHTSA for over a year clarifying the provisions of Section 4 of CFR571.213 as applied to this product and more specifically the definition of "Specific Vehicle Shell" c ontained therein by which it appears that the built-in seat must be tested in each model of each vehicle in which it is installed.

Several members of the corporations management team met with Mr. Gilkey, Ms. Tillman and various other individuals in your office in or about February, 1989 to demonstrate one of the installed prototypes and to discuss the certification procedure.

As management indicated at that meeting, Child Riding, Inc. is a small business concern with limited funds. An interpretation of the Regulation 213 that would require testing in each and every model of each and every vehicle in which it is installed wou ld, for all intents and purposes, put the company out of business before it could begin operation because of the prohibitive cost of testing (estimated at $10,000 per test by the University of Michigan).

It was managment's distinct impression following the February meeting that NHTSA had failed to take into consideration the possibility that a small business concern might market a built-in seat when it drafted Regulation 213 for built-in child restraint systems and that a review of the regulation would be promptly made consistent with the goals of the Regulatory Flexibility Act (P.L. 96-354) to encourage the development of innovative products by small business concerns.

A follow-up call was made to Ms. Tillman by this office in June of this year and she indicated that an initial draft of a letter of interpretation had been completed.

The corporation expects to have its product available for compliance testing in the very near future and would very much appreciate your efforts in securing an early determination of this matter.

If you require any additional information concerning Child Riding, Inc. and or the "Hideaway Seat" please do not hesitate to contact the undersigned.