[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Rules and Regulations]
[Pages 61523-61531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24936]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2001-10916, Notice 2]
RIN 2127-AI55


Federal Motor Vehicle Safety Standards; Child Restraint Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: NHTSA has been mandated by Congress to consider whether to 
prescribe clearer and simpler labels and instructions for child 
restraints. This rule amends the requirements for child restraint 
labels and the written instructions that accompany child restraints. 
This rule makes changes to the format, location, and content of some of 
the existing requirements.

DATES: This final rule is effective October 1, 2003. Child restraints 
may be certified to the new requirements prior to this date. If you 
wish to submit a petition for reconsideration of this rule, your 
petition must be received by December 2, 2002.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number and be submitted to: Administrator, Room 5220, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Mary Versailles of the NHTSA Office of Planning and Consumer Programs, 
at 202-366-2057.
    For legal issues, you may call Deirdre Fujita of the NHTSA Office 
of Chief Counsel at 202-366-2992.
    You may send mail to both of these officials at National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

I. Overview
II. Current Requirements
    A. Labels
    B. Written Instructions
III. Summary of Comments and Transport Canada research
IV. Changes to the Label Requirements
    A. Location
    B. Background
    C. All Capitals
V. Changes to Label Contents
    A. Statement Regarding Height and Weight
    B. Warning Regarding the Consequences of Not Following 
Instructions
    C. Belt Use Statement
    D. Installation Diagram
VI. Language
VII. Voluntary Labels
VIII. Other Issues
IX. Effective Date
X. Future Research
XI. Rulemaking Analyses and Notices
    A. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
Policies and Procedures
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Executive Order 13132 (Federalism)
    E. National Environmental Policy Act
    F. Executive Order 12778 (Civil Justice Reform)
    G. National Technology Transfer and Advancement Act
    H. Unfunded Mandates Reform Act
    I. Regulatory Identifier Number

I. Overview

    The National Highway Traffic Safety Administration (NHTSA) has been 
mandated by Congress to consider whether to prescribe clearer and 
simpler labels and instructions for child restraints (Transportation 
Recall Enhancement, Accountability, and Documentation (TREAD) Act, 
November 1, 2000, Pub. L. 106-414, 114 Stat. 1800). Section 14 of the 
TREAD Act directed NHTSA to initiate a rulemaking for the purpose of 
improving the safety of child restraints by November 1, 2001, and to 
complete it by issuing a final rule or taking other action by November 
1, 2002.
    On November 2, 2001 (66 FR 55623), NHTSA published a notice of 
proposed rulemaking (NPRM) proposing changes to the format, location, 
and content of some of the existing labeling requirements of the 
Federal motor vehicle safety standard for child restraint systems (49 
CFR 571.213). Specifically, NHTSA proposed (1) a requirement that some 
information be molded into or heat embossed to the shell to improve 
durability, (2) changes to existing location requirements for some 
labels, (3) a uniform font specified for all labels on all child 
restraints, (4) a requirement that most labels be white with black 
text, and (5) color-coding of installation information to distinguish 
forward-facing from rear-facing information. In addition, with regard 
to content, NHTSA proposed (6) a reworded warning statement, (7) a 
requirement that all mandated statements related to use be arranged 
below that statement in a bulleted form, (8) rewording of some of these 
statements to simplify their language, and (9) a new diagram showing 
the child restraint using a new child restraint anchorage system (see 
49 CFR 571.213). With regard to written instructions, NHTSA proposed 
(10) conforming changes with those proposed for labels and (11) a new 
requirement for information to assist owners in determining the meaning 
of the term ``snugly'' used on child restraint labels. Last, NHTSA 
proposed (12) a new labeling requirement for harness slots.
    After reviewing the comments received in response to the NPRM, and 
research conducted subsequent to the NPRM by Transport Canada, this 
final rule amends the current requirements for child restraint labels 
and the written instructions that accompany child restraints. 
Specifically, the agency is changing the existing location requirements 
for some labels (number 2 above), requiring most labels to be white 
with black text (number 4 above), rewording some label statements to 
simplify their language (number 8 above), requiring mandated statements 
on labels to be in a bulleted list headed by the statement ``WARNING! 
DEATH or SERIOUS INJURY can occur'' (number 6 and 7 above), requiring a 
new diagram showing the child restraint using the new child restraint 
anchorage system (number 9 above), and requiring some additional 
information defining the term ``snugly'' to be in the written 
instructions (number 11 above). The other changes proposed by the NPRM 
have not been adopted by this final rule.

[[Page 61524]]

II. Current Requirements

A. Labels

    Federal Motor Vehicle Safety Standard (FMVSS) No. 213 (49 CFR 
571.213) requires that all currently manufactured add-on child 
restraint systems \1\ must be labeled with the following information 
(S5.5.2): the model name or number, the manufacturer's (or 
distributor's) name, the statement ``manufactured in (month, year),'' 
the place of manufacture (or location of the distributor's principal 
office), a certification statement, a statement concerning the 
manufacturer's recommendations for maximum mass and height of children 
who should use the child restraint, a warning statement concerning the 
consequences of failing to follow the instructions, statements about 
proper use of belts or other restraints as appropriate, an air bag 
warning label if the child restraint can be used rear-facing, an 
installation diagram, a registration statement for recalls, and a 
statement about use in motor vehicles and/or aircraft as 
appropriate.\2\ This information must be in English, lettered not 
smaller than 10 point type, and on contrasting background, except the 
air bag warning label has very specific requirements for location and 
size.\3\ The warning statement to follow the instructions, the 
statements about proper use of belts and other restraints, and the air 
bag warning must also be visible when the restraint is installed in a 
vehicle.
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    \1\ Please note that the requirements for built-in child 
restraint systems are not summarized here. Factory-installed built-
in's are required to have some, but not all, of the information 
required for add-on's, primarily due to the lack of need for 
warnings about proper installation. While this preamble will only 
discuss requirements in terms of add-on's, this final rule is also 
making conforming changes to the built-in labeling requirements. 
These changes can be found in the regulatory text for paragraphs 
S5.5.5, and S5.5.5(f) through (i).
    \2\ The use statement must be in red lettering and placed after 
the certification statement.
    \3\ These requirements can be found in S5.5.2(k)(4).
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B. Written Instructions

    Each add-on child restraint system must have printed installation 
instructions (an owner's manual) that includes a step-by-step 
procedure, including diagrams, for installing the system in motor 
vehicles, securing the system in the vehicles, positioning a child in 
the system, and adjusting the system to fit the child (S5.6). The 
installation instructions must include information on attaching the 
child restraint to a tether anchorage or a child restraint anchorage 
system \4\ if appropriate. The owner's manual must also include a 
statement that children are safer in rear seating positions; 
information about the types of vehicles, seats and seat belts with 
which the restraint can or cannot be used; a statement about the 
consequences of not following the warnings; a statement that the 
restraint should be secured in the vehicle even when not occupied, an 
air bag warning statement, and a registration statement for recalls. 
There are also some specific statements about proper use required for 
various types of restraints. Finally, the child restraint must have a 
location on the restraint for storing the owner's manual.
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    \4\ See 49 CFR Sec.  571.225.
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III. Summary of Comments and Transport Canada Research

    NHTSA received 14 comments on the proposal, from child restraint 
and automobile manufacturers, child restraint and automobile trade 
groups, and child safety consumer groups. In general, commenters were 
supportive of efforts to improve labels, and felt that overall the 
proposal would make existing labels simpler and easier to read. 
However, there were a number of comments about specific aspects of the 
proposal that will be discussed in the remainder of this notice.
    The Alliance of Automobile Manufacturers objected to any changes in 
label and instruction requirements for built-in child restraints (other 
than simpler required wording and a bullet format). They asserted that 
requirements for built-ins would be unnecessary and burdensome without 
any safety benefit. The only additional changes to the requirements for 
built-in child restraints being adopted in this rule are black text on 
white background and the definition of ``snugly.'' For required 
information, a requirement for black text on a white background is just 
as effective at improving readability of built-in restraint labels as 
it is for add-on restraint labels. In addition, NHTSA is not aware of 
any information that there is less risk from improperly adjusting the 
straps on a built-in child restraint as there is on a add-on child 
restraint. Therefore, where built-in child restraints have the same 
current requirements as add-on child restraints parallel changes have 
been adopted.
    Subsequent to the publication of the NPRM, Transport Canada 
conducted research on child restraint labels. The report for this 
research will be placed in the docket for this notice as soon as it is 
available. As part of that research, participants were asked to install 
a child restraint into a vehicle and then to install and secure a 6-
month infant dummy and a 18-month child dummy. The order of the dummies 
was randomized. The child restraint was equipped with one of four label 
configurations. These configurations were:
    (1) No labels,
    (2) Existing manufacturer labels,
    (3) Labels based on NHTSA's proposed changes to FMVSS 213, and
    (4) Labels developed by Transport Canada based on a review of the 
human factors literature and an analysis of the tasks necessary to 
operate the seat chosen for the study.
    After reviewing the Transport Canada study, NHTSA has concerns 
about some aspects of our proposal. Specifically, the study raised 
concerns about font, color-coding and harness slot labeling. Based on 
their review of the literature, Transport Canada concluded sans serif 
fonts were more readable, the opposite of NHTSA's research. Transport 
Canada's research shows that child restraints with color-coded 
instructions were oriented forward- or rear-facing correctly more often 
than child restraints without labels or with existing labels, but were 
still oriented incorrectly at least half of the time. The child 
restraint used in the Transport Canada study had an adjustable harness, 
rather than separate harness slots and therefore NHTSA's proposal was 
inappropriate for the design. Because of these findings, NHTSA believes 
that it would be advisable to conduct further research and then to 
repropose those issues in another rulemaking.
    In discussing Transport Canada's research with us, Transport Canada 
has indicated that other research they are conducting on a performance 
requirement for label permanence is also promising and they expect to 
be able to propose a performance requirement when they begin their 
rulemaking. NHTSA would like to be able to review this research before 
making a final decision on the permanence and therefore will also 
repropose that issue in another rulemaking.
    Therefore, this final rule will only address the following issues 
from the NPRM: location, background color, capital letters, height and 
weight statement, warning regarding the consequences of not following 
instructions, belt use statement, installation diagram, and voluntary 
labels. NHTSA plans to work with Transport Canada on a future proposal 
regarding further changes to the labels. NHTSA will consider any 
comments on those issues when it is developing that proposal.

[[Page 61525]]

IV. Changes to the General Label Requirements

    The following sections discuss new format requirements for 
mandatory labels.

A. Location

    NHTSA currently requires the warning statement about failure to 
follow the instructions, the statements about proper use of belts and 
other restraints, and the air bag warning to be visible when the 
restraint is installed in a vehicle. Location is not specified for 
other mandatory information. NHTSA proposed that all required 
information, other than model name or number, manufacturer name, 
manufacturing date, and place of manufacture, be labeled on the child 
restraint so that it is visible when the restraint is installed in a 
motor vehicle. This would have been a change for the requirements for 
the certification statement, height and weight labeling, the 
installation diagram, the registration statement, and the statement 
about use in motor vehicles and/or aircraft, which are not currently 
required to be visible by FMVSS No. 213.
    Commenters sought clarification as to what the agency meant by 
``visible.'' For example, must the label be visible from both sides of 
the vehicle? NHTSA did not intend to change what is currently meant by 
``visible'' in S5.5.3, only to broaden the list of labels that needed 
to meet this requirement. The specified information must be visible 
from either side when the child restraint is installed as specified on 
the standard bench seat.
    Commenters also argued that only information regarding installation 
and securing the child needed to be visible when the child restraint 
was installed in a vehicle. After reviewing the comments, NHTSA agrees 
that only information related to installation and securing the child 
needs to be visible once the restraint is installed. NHTSA's purpose in 
proposing changes to the existing requirements is to reduce misuse of 
child restraints. The certification statement and registration 
statements are not related to proper use and therefore would not 
decrease misuse by being visible. The statement about use in aircraft 
is used when boarding aircraft, not when the seat is installed in a 
vehicle. Therefore, the language of this section has been modified so 
that only the statement regarding height and weight and the 
installation diagrams have been added to the visibility requirement.

B. Background

    NHTSA currently requires the information to be labeled ``on a 
contrasting background.'' NHTSA proposed to require all information to 
be in black text on a white background, except for the heading of the 
warnings which would be in black text on a yellow background.
    Many commenters objected to this proposal, either because they felt 
that the current requirement for a contrasting background was 
sufficient, or because they felt that ``white'' was not specific enough 
to be enforceable. The Juvenile Products Manufacturers Association 
(JPMA) asked NHTSA to allow dark blue text to reduce costs.
    As discussed in the NPRM, experience with existing labels shows 
that the current requirements are not sufficient. NHTSA is also not 
convinced that the use of the term ``white'' will cause problems. NHTSA 
has had a similar requirement for air bag labels for over five years 
and vehicle manufacturers have not had problems complying with the 
requirement for ``white.'' NHTSA believes that JPMA's comment was 
related to the proposal to color-code rear-facing information with 
blue. Because that proposal is not adopted by the final rule the cost 
issue should be moot. For these reasons, NHTSA is adopting the proposed 
requirement.

C. All Capital Letters

    NHTSA proposed to delete the current requirement for block letters, 
and proposed that capital letters only be required in the heading for 
the warnings.
    Commenters generally supported these proposals, but asked that the 
capitalization in the heading be changed to be consistent with the 
capitalization in the air bag warning label. This suggestion has been 
adopted in the final rule.
    To clarify the capitalization requirements, NHTSA is amending 
S5.5.2(h) through (j), S5.5.5(h) and (i), and S5.6.1.10 so that the 
regulation is not written in all capitals. NHTSA has interpreted the 
requirements so that capital letters were not required. However, this 
change will clarify that normal sentence capitalization shall be used 
in labels and instructions, unless Standard No. 213 shows a word as all 
capital letters.

V. Changes to Label Contents

    In the following subsections, NHTSA discusses changes and additions 
to mandated language for child restraint labels.

A. Statement Regarding Height and Weight

    NHTSA proposed minor changes to simplify the language in the 
required statement regarding height and weight, so that it would read, 
``Use only with children * * *'' NHTSA asked for comments on deleting 
the height references in these statements to further simplify them.
    While only one commenter explicitly supported the simplified 
language, no commenter objected to it. Therefore, NHTSA is adopting the 
simplified language in this final rule.
    With regard to deleting the height reference, only one commenter 
disagreed. Other commenters that supported deleting this reference 
noted that the important measures are seated height, which parents 
don't generally know, or the relative position of the child's head to 
the child restraint. One commenter suggested that the agency require a 
label with functional wording such as, ``This child seat should not be 
used rear-facing if the top of the child's head is above the red 
line.'' (see comment of National SAFE KIDS Campaign, NHTSA-2001-10916-
14)
    Despite the widespread support for deleting the reference to 
standing height, NHTSA is not doing so at this time. None of the 
commenters suggested that height was irrelevant to proper use, only 
that there may be better ways to convey this information. NHTSA plans 
to explore requirements for more functional wording, such as that 
suggested in these comments, in future research. In the interim, NHTSA 
believes that while standing height may not be a perfect indicator of 
proper fit, it is better than no information.
    NHTSA has also added an option for seats that can only be used as 
belt-positioning seats to be labeled only with the maximum height the 
seat can be used for. NHTSA believes that by allowing manufacturers the 
option of labeling these seats only with the maximum height for which 
they can be used, we will more clearly convey the appropriate 
information to parents and caregivers. This will also allow 
manufacturers of these seats to label them consistent with NHTSA's 
policy that children who have outgrown child safety seats should use a 
booster seat until they are at least 8 years old, unless they are 4'9'' 
tall, regardless of weight.

B. Warning Regarding the Consequences of Not Following Instructions

    NHTSA proposed to replace the current statement about the 
consequences of not following the instructions on child restraints with 
the following statement:

[[Page 61526]]

WARNING! DEATH OR SERIOUS INJURY CAN OCCUR
    [sbull] Follow all instructions on this child restraint and in the 
written instructions located----------

    This would be followed with additional bullets for any additional 
mandated statements, including the statement about maximum height and 
weight, and the statements about use of belts or other restraints. As 
discussed earlier, NHTSA also proposed to require the heading to be in 
black text on a yellow background and requested comments on whether it 
should require or allow the alert symbol used on the air bag warning 
label (see Figure 10 in FMVSS No. 213).
    Generally commenters supported this proposal and the use of the 
alert symbol, but had some questions and suggestions. One commenter 
asked that only the alert symbol and the word ``warning'' be on a 
yellow background, consistent with the vehicle air bag warning label on 
the sun visor. One commenter objected to the proposed label, 
speculating that the proposed heading might lead parents to believe 
that the child restraint itself is a source of potential harm.
    Because of the universal support for the alert symbol, NHTSA is 
requiring it in this final rule. NHTSA is not removing the phrase 
``death or serious injury can occur'' from the heading. The commenter 
offered no evidence that this phrase would discourage child restraint 
use. NHTSA's research for other labels indicates that this statement is 
more likely to get the user's attention and cause them to read the 
warnings that follow than the word ``warning'' alone. This is 
particularly true for parents that are being provided information 
related to their children. However, NHTSA will explore this phrase in 
future research to ensure that it is not interpreted differently in 
this context. Because of the similarity between the new heading 
required for child restraint label warnings and the air bag warning 
label in vehicles, NHTSA is allowing manufacturers the option of having 
the phrase ``death or serious injury can occur'' on either a yellow or 
white background.
    The Alliance of Automobile Manufacturers requested a minor change 
to the first bullet for built-in child restraints to read, ``Follow all 
instructions on this child restraint and in the vehicle's owner's 
manual.'' NHTSA agrees that this is simpler than language that would 
have been likely under the proposal (* * * in the written instructions 
located in the vehicle's owner's manual). Therefore, the requirements 
for built-in child restraints are modified to reflect this comment.
    Graco, a child restraint manufacturer, asked if the label had to be 
one label or could be multiple labels as long as they were applied in 
the correct order. NHTSA is not requiring that the mandated warnings be 
on a single label, so long as the separate components are attached to 
the child restraint in the correct order and without any intervening 
labels.

C. Belt Use Statement

    Because of concerns about the vagueness of the term ``snugly,'' 
NHTSA proposed requiring the following information to be included in 
the written instructions. This information is used in NHTSA's 
Standardized Child Passenger Safety Training Curriculum.

--A snug harness should not allow any slack. A snug harness should not, 
however, be so tight as to press into the child's body.
--A ``snug'' strap lies in a relatively straight line without sagging, 
but neither does it press on the child's flesh or push the child's body 
into an unnatural position.

    Commenters did not strongly support this proposal, noting that the 
proposed language is fairly complicated. Some commenters suggested 
requiring a picture, though no specific pictures were suggested. One 
commenter noted that the information is not needed on self-adjusting 
harnesses.
    NHTSA is not aware of a commonly used picture that could be used to 
illustrate how snugly to adjust a harness. Since further research will 
be required on other issues in light of the Transport Canada study, 
NHTSA could also develop and test one or more illustrations that could 
be required. In the interim, NHTSA is requiring a modified statement be 
included in the written instructions. In reviewing the comments NHTSA 
noted that the second half of the first statement was duplicated in the 
second statement.
    The new statement is:

--A snug strap should not allow any slack. It lies in a relatively 
straight line without sagging. It does not press on the child's flesh 
or push the child's body into an unnatural position.

    NHTSA is also modifying the language of the regulation requiring 
the ``snugly'' statement on child restraints and the explanatory 
statement in the written instructions to exclude belts that 
automatically adjust to fit the child.

D. Installation Diagram

    NHTSA proposed to require an additional installation diagram 
showing the child restraint installed in a seating position with a 
child restraint anchorage system, and requested comments on whether the 
current requirement for a diagram showing the child restraint installed 
in a seating position equipped with a lap belt can be deleted.
    Commenters uniformly support requiring a diagram showing a child 
restraint installed in a seating position with a child restraint 
anchorage system, and this proposal has been adopted.
    Commenters were mixed in their opinions about whether NHTSA should 
delete the diagram of a child restraint installed in a seating position 
equipped with a lap belt. Commenters who disagreed with deleting this 
diagram noted that there are still a number of vehicles in use that 
have lap belts only at one or more seating positions. Ford stated that 
NHTSA should delete this requirement because in some vehicles the only 
position with a lap belt only is the center front position and some 
users may interpret this diagram to require them to install a rear-
facing child restraint in this position.
    With regard to the Ford comment, child restraints are required to 
have three different diagrams--lap belt only, lap/shoulder belt and a 
child restraint anchorage system. In addition there are numerous 
warnings against putting a rear-facing child restraint in the front 
seat of a vehicle with an air bag. Thus NHTSA believes there is 
sufficient contradictory information to prevent the interpretation Ford 
suggests.
    In addition, NHTSA notes that in addition to all the vehicles 
currently in use with seating positions that have only a lap belt, lap/
shoulder belts are also not required at all seating positions in 
vehicles being produced today. Therefore, there will be many instances 
where a child restraint user needs to know how to install the child 
restraint in a seating position with only a lap belt. Accordingly, 
NHTSA has not deleted the requirement for the lap belt only diagram.

VI. Language

    In the NPRM, NHTSA requested comments on whether Spanish should be 
required on child restraint labels. While all commenters would have 
supported allowing other languages, many were critical of mandating 
another language. Those who were against mandating Spanish language 
labels noted that, combined with the visibility requirement, this could 
limit the amount of information a manufacturer could label on a child 
restraint. One commenter suggested requiring a statement both labeled 
on the child restraint and in the written instructions

[[Page 61527]]

directing the user to the availability of Spanish language instructions 
unless a manufacturer voluntarily used Spanish language labels and 
instructions.
    While NHTSA encourages manufacturers to provide Spanish language 
labels and instructions, or labels and instructions in other languages 
if warranted by the target sales population, NHTSA is not convinced 
that it should mandate that manufacturers provide labels or 
instructions in any additional languages. NHTSA will continue to allow 
additional labels in languages other than English, however language has 
been added to the standard to specify that information in additional 
languages must be an accurate translation of the required information.

VII. Voluntary Labels

    NHTSA requested comment on whether voluntary labels should be 
required to meet the same requirements as mandatory labels. Some 
commenters noted that this question was vague, but assumed that it 
referred to the requirements regarding visibility, font and color. 
These were indeed the types of requirements NHTSA was referring to. 
Most commenters, while noting that most manufacturers would use the 
same font or background colors, felt that this should not be required. 
Some of the concerns noted were space with the visibility requirement 
or effect on corporate logos.
    NHTSA is not requiring voluntary labels to comply with any of the 
requirements for mandatory labels in this rule. NHTSA is sensitive to 
some of the possible concerns raised by the commenters and has decided 
that its current position that voluntary information is permitted as 
long as it does not distract from mandatory information is sufficient. 
However, to reinforce this NHTSA has added language to the standard 
that voluntary labels cannot distract from mandatory information. Such 
distraction could be caused by color, size, font or other visual 
attributes, not just content.

VIII. Other Issues

    In the NPRM, NHTSA requested comment on mandating a minimum reading 
level for labels and written instructions in lieu of mandating specific 
language. One of the commenters on the NPRM, Uniformed Services 
University of the Health Sciences, stated that they had conducted 
readability tests on written instructions and found that they required 
a 10th grade reading level on average. NHTSA will reconsider mandating 
a minimum reading level for labels and written instructions after 
conducting more research.
    NHTSA also asked for comments on the availability of on-line 
registration. Commenters supported this idea, as long as mail-in 
registration cards were still available for those who do not have 
access to the internet. In the next rulemaking NHTSA will propose 
changes to the registration card to make it easier for manufacturers to 
inform child restraint purchasers of such an option.
    Commenters also raised issues not addressed in the NPRM. The 
Alliance of Automobile Manufacturers asked NHTSA to specify that metric 
measurements be listed first in the height and weight statements to 
harmonize with Canadian requirements. Because metric measurements are 
not the most commonly used in the United States, NHTSA is not 
considering such a mandate. However a 1996 interpretation letter to 
General Motors has stated that manufacturers have this option if they 
chose. Ford stated that there were still statements that were not in 
plain English. One suggested change regarding the statements about 
placing certain child restraints in a rear-facing position has been 
made since it parallels the proposed changes for the height/weight 
statements. Other suggestions will be considered in the next 
rulemaking. Any other suggestions for issues not raised in the NPRM, 
such as formats for dates, will be considered prior to issuing the next 
proposal.

IX. Effective Date

    While NHTSA didn't propose a specific effective date, a couple of 
commenters addressed this issue. The Alliance of Automobile 
Manufacturers asked NHTSA to allow either the current or new 
requirements for several years because there is no safety need for 
changes for built-in child restraints. The Alliance also asked NHTSA to 
coordinate the effective date with rulemaking Transport Canada plans to 
do in the future. Evenflo, a child restraint manufacturer, asked for a 
one year leadtime, but noted that they could implement the proposed 
changes in 180 days if the molding requirement were dropped.
    NHTSA is requiring all child restraints to comply with these new 
requirements within one year of the date of publication of this final 
rule. As discussed earlier, to the extent that built-in child 
restraints have requirements similar to add-on child restraints, there 
is no indication that the safety need to understand the required 
information is different. NHTSA cannot wait until an unspecified time 
in the future when Transport Canada will conduct rulemaking to 
coordinate effective dates because we have a statutory mandate to 
conduct rulemaking now. However, NHTSA hopes to coordinate the next 
rulemaking with Transport Canada, including effective dates. Since 
Evenflo indicated that it could comply within 180 days if there were no 
molding requirement and automobile manufacturers have complied with 
other labeling requirements within the same time frame, allowing a year 
should not impose an unreasonable burden. Manufacturers will be allowed 
to comply with either the existing requirements or the new requirements 
prior to that date.

X. Future Research

    In the NPRM, NHTSA stated that it intended to conduct further 
passive evaluation,\5\ at a minimum, prior to issuance of a final rule 
to verify that the changes have reduced the reading level necessary to 
comprehend the labels. NHTSA has not conducted this research prior to 
issuing this final rule. NHTSA intends to do this and other research 
prior to beginning the next rulemaking on child restraint labels. While 
the changes made in this final rule include recommendations made during 
the initial passive evaluation and therefore should improve 
readability, NHTSA anticipates that the changes made at this stage are 
modest and would result in only a minor change to the reading level 
required to comprehend child restraint labels. Therefore, we have 
decided that it would be a better use of agency resources to conduct 
further passive evaluation as part of the research NHTSA will be 
conducting for the next rulemaking, which will further improve the 
labels and are more likely to achieve the level of reduction in reading 
level that the agency would ultimately like to achieve. NHTSA expects 
to conduct additional research within the next year and begin another 
rulemaking after the completion of that research.
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    \5\ Passive evaluation refers to an evaluation based on the 
characteristics of the language, vocabulary and visual presentation 
of the information using standard readability measures, rather than 
an evaluation based on consumer feedback.
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    Prior to issuing this final rule, NHTSA has discussed which issues 
are covered with Transport Canada to ensure that they agree that these 
issues are not contraindicated by their research. Prior to beginning 
further research, NHTSA will work with Transport Canada to coordinate 
our research efforts to ensure that the efforts of both agencies are 
consistent.

[[Page 61528]]

XI. Rulemaking Analyses and Notices

A. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' The agency has considered the 
impact of this rulemaking action under the Department of 
Transportation's regulatory policies and procedures, and has determined 
that it is not ``significant'' under them. In the ``Final Economic 
Assessment, FMVSS No. 213, FMVSS No. 225, Child Restraint Systems, 
Child Restraint Anchorage Systems,'' February 1999, the agency 
estimated that there were 68 fatalities and 874 injuries caused 
annually by misuse of child restraints. We are unable to estimate the 
effectiveness of these proposals on this target population, but by 
providing clearer instructions we expect to reduce misuse.
    NHTSA anticipates that the cost of changing the location and text 
of the labels to be minor. There is a cost for adding color, estimated 
to be $.01 to $.03 per label.

B. Regulatory Flexibility Act

    The agency has considered the effects of this final rule under the 
Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as amended. I 
hereby certify that this rule will not have a significant economic 
impact on a substantial number of small entities. As noted above, the 
agency does not anticipant any significant economic impact from this 
final rule.

C. Paperwork Reduction Act

    The Department of Transportation has not submitted an information 
collection request to OMB for review and clearance under the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). The 
affected public is 10 child restraint manufacturers and 6 vehicle 
manufacturers. This rule does not impose any new information collection 
requirements on manufacturers. NHTSA does not anticipant a significant 
change to the hour burden or costs associated with child restraint 
labels and written instructions.

D. Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, the agency may not issue a 
regulation with Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, the agency 
consults with State and local governments, or the agency consults with 
State and local officials early in the process of developing the 
proposed regulation. NHTSA also may not issue a regulation with 
Federalism implications and that preempts State law unless the agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule has been analyzed in accordance with the principles 
and criteria set forth in Executive Order 13132 and have determined 
that this final rule does not have sufficient Federal implications to 
warrant consultation with State and local officials or the preparation 
of a Federalism summary impact statement. The final rule would not have 
any substantial impact on the States, or on the current Federal-State 
relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this action would not have any significant impact on 
the quality of the human environment.

F. Executive Order 12778 (Civil Justice Reform)

    This final rule would not have any retroactive effect. Under 49 
U.S.C. 21403, whenever a Federal motor vehicle safety standard is in 
effect, a State may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard, except if the state requirement imposes a higher level of 
performance and applies only to vehicles procured for the States' use. 
49 U.S.C. 21461 sets forth a procedure for judicial review of final 
rules establishing, amending or revoking Federal motor vehicle safety 
standards. That section does not require submission of a petition for 
reconsideration or other administrative proceeding before parties may 
file suite in court.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs NHTSA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs NHTSA to provide Congress, through 
OMB, explanations when the agency decides not to use available and 
applicable voluntary consensus standards. The NTTAA does not apply to 
symbols.
    There are no voluntary consensus standards available at this time. 
However, NHTSA will consider any such standards when they become 
available.

H. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires Federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of more 
than $100 million in any one year (adjusted for inflation with base 
year of 1995). Before promulgating a rule for which a written statement 
is needed, section 205 of the UMRA generally requires NHTSA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows NHTSA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
agency publishes with the final rule an explanation why that 
alternative was not adopted.
    This final rule will not result in the expenditure of more than 
$100 million annually.

[[Page 61529]]

I. Regulation Identifier Number

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 571

    Child restraint systems, Motor vehicle safety.

    In consideration of the foregoing, NHTSA is amending 49 CFR part 
571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for part 571 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166 and 30177; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.213 is amended by revising the introductory text of 
S5.5.2, S5.5.2(f), S5.5.2(g), S5.5.2(h), S5.5.2(i), S5.5.2(j), 
S5.5.2(k), S5.5.2(l), S5.5.3, the introductory text of S5.5.5, 
S5.5.5(f), S5.5.5(g), S5.5.5(h), S5.5.5(i), S5.6.1.10(a) and 
S5.6.1.10(b); redesignating existing S5.6.3 as S5.6.2.4 and existing 
S5.6.4 as S5.6.2.5; adding new introductory text to sections S5.5 and 
S5.6; and adding new section S5.6.3 to read as follows:


Sec.  571.213  Standard No. 213; Child Restraint Systems.

* * * * *
    S5.5 Labeling.
    Any labels or written instructions provided in addition to those 
required by this section shall not obscure or confuse the meaning of 
the required information or be otherwise misleading to the consumer. 
Any labels or written instructions other than in the English language 
shall be an accurate translation of English labels or written 
instructions.
* * * * *
    S5.5.2 The information specified in paragraphs (a) through (m) of 
this section shall be stated in the English language and lettered in 
letters and numbers that are not smaller than 10 point type. Unless 
otherwise specified, the information shall be labeled on a white 
background with black text. Unless written in all capitals, the 
information shall be stated in sentence capitalization.
* * * * *
    (f) One of the following statements, inserting the manufacturer's 
recommendations for the maximum mass of children who can safely occupy 
the system, except that booster seats shall not be recommended for 
children whose masses are less than 13.6 kg and seats that can only be 
used as belt-positioning seats may delete the reference to weight:
    (1) Use only with children who weigh ---- pounds (---- kg) or less 
and whose height is (insert values in English and metric units; use of 
word ``mass'' in label is optional) or less; or
    (2) Use only with children who weigh between ---- and ---- pounds 
(insert appropriate English and metric values; use of word ``mass'' is 
optional) and whose height is (insert appropriate values in English and 
metric units) or less and who are capable of sitting upright alone; or
    (3) Use only with children who weigh between ---- and ---- pounds 
(insert appropriate English and metric values; use of word ``mass'' is 
optional) and whose height is (insert appropriate values in English and 
metric units) or less.
    (g) The statements specified in paragraphs (1) and (2):
    (1) A heading as specified in S5.5.2(k)(4)(i), with the statement 
``WARNING! DEATH or SERIOUS INJURY can occur,'' capitalized as written 
and followed by bulleted statements in the following order:
    (i) As appropriate, the statements required by the following 
sections will be bulleted and placed after the statement required by 
5.5.2(g)(1) in the following order: 5.5.2(k)(1) or 5.5.2(k)(2), 
5.5.2(f), 5.5.2(h), 5.5.2(j), and 5.5.2(i).
    (ii) Secure this child restraint with the vehicle's child restraint 
anchorage system if available or with a vehicle belt.
    (iii) Follow all instructions on this child restraint and in the 
written instructions located (insert storage location on the restraint 
for the manufacturer's installation instruction booklet or sheet).
    (iv) Register your child restraint with the manufacturer.
    (2) At the manufacturer's option, the phrase ``DEATH or SERIOUS 
INJURY can occur'' in the heading can be on either a white or yellow 
background.
    (h) In the case of each child restraint system that has belts 
designed to restrain children using them and which do not adjust 
automatically to fit the child: Snugly adjust the belts provided with 
this child restraint around your child.
    (i)(1) For a booster seat that is recommended for use with either a 
vehicle's Type I or Type II seat belt assembly, one of the following 
statements, as appropriate:
    (i) Use only the vehicle's lap and shoulder belt system when 
restraining the child in this booster seat; or,
    (ii) Use only the vehicle's lap belt system, or the lap belt part 
of a lap/shoulder belt system with the shoulder belt placed behind the 
child, when restraining the child in this seat.
    (2)(i) Except as provided in paragraph (i)(2)(ii) of this section, 
for a booster seat which is recommended for use with both a vehicle's 
Type I and Type II seat belt assemblies, the following statement: Use 
only the vehicle's lap belt system, or the lap belt part of a lap/
shoulder belt system with the shoulder belt placed behind the child, 
when restraining the child with the (insert description of the system 
element provided to restrain forward movement of the child's torso when 
used with a lap belt (e.g., shield)), and only the vehicle's lap and 
shoulder belt system when using the booster without the (insert above 
description).
    (ii) A booster seat which is recommended for use with both a 
vehicle's Type I and Type II seat belt assemblies is not subject to 
S5.5.2(i)(2)(i) if, when the booster is used with the shield or similar 
component, the booster will cause the shoulder belt to be located in a 
position other than in front of the child when the booster is 
installed. However, such a booster shall be labeled with a warning to 
use the booster with the vehicle's lap and shoulder belt system when 
using the booster without a shield.
    (j) In the case of each child restraint system equipped with a top 
anchorage strap, the statement: Secure the top anchorage strap provided 
with this child restraint.
    (k) (1) In the case of each rear-facing child restraint system that 
is designed for infants only, the statement: Use only in a rear-facing 
position when using it in the vehicle.
    (2) In the case of a child restraint system that is designed to be 
used rearward-facing for infants and forward-facing for older children, 
the statement: Use only in a rear-facing position when using it with an 
infant weighing less than (insert a recommended weight that is not less 
than 20 pounds).
    (3) Except as provided in (k)(4) of this section, each child 
restraint system that can be used in a rear-facing position shall have 
a label that conforms in content to Figure 10 and to the requirements 
of S5.5.2(k)(3)(i) through S5.5.2(k)(3)(iii) of this standard 
permanently affixed to the outer surface of the cushion or padding in 
or adjacent to the area where a child's head would

[[Page 61530]]

rest, so that the label is plainly visible and easily readable.
    (i) The heading area shall be yellow with the word ``warning'' and 
the alert symbol in black.
    (ii) The message area shall be white with black text. The message 
area shall be no less than 30 square cm.
    (iii) The pictogram shall be black with a red circle and slash on a 
white background. The pictogram shall be no less than 30 mm in 
diameter.
    (4) If a child restraint system is equipped with a device that 
deactivates the passenger-side air bag in a vehicle when and only when 
the child restraint is installed in the vehicle and provides a signal, 
for at least 60 seconds after deactivation, that the air bag is 
deactivated, the label specified in Figure 10 may include the phrase 
``unless air bag is off'' after ``on front seat with air bag.''
    (l) An installation diagram showing the child restraint system 
installed in:
    (1) A seating position equipped with a continuous-loop lap/shoulder 
belt;
    (2) A seating position equipped with only a lap belt, as specified 
in the manufacturer's instructions; and
    (3) A seating position equipped with a child restraint anchorage 
system.
* * * * *
    S5.5.3 The information specified in S5.5.2(f) through (l) shall be 
located on the add-on child restraint system so that it is visible when 
the system is installed as specified in S5.6.1.
* * * * *
    S5.5.5 The information specified in paragraphs (a) through (l) of 
this section that is required by S5.5.4 shall be in English and 
lettered in letters and numbers using a not smaller than 10 point type. 
Unless specified otherwise, the information shall be labeled on a white 
background with black text. Unless written in all capitals, the 
information shall be stated in sentence capitalization.
* * * * *
    (f) One of the following statements, inserting the manufacturer's 
recommendations for the maximum mass of children who can safely occupy 
the system, except that booster seats shall not be recommended for 
children whose masses are less than 13.6 kg and seats that can only be 
used as belt-positioning seats may delete the reference to weight:
    (1) Use only with children who weigh ---- pounds (---- kg) or less 
and whose height is (insert values in English and metric units; use of 
word ``mass'' in label is optional) or less; or
    (2) Use only with children who weigh between ---- and ---- pounds 
(---- and ---- kg) and whose height is (insert appropriate values in 
English and metric units; use of word ``mass'' in label is optional) or 
less and who are capable of sitting upright alone; or
    (3) Use only with children who weigh between ---- and ---- pounds ( 
---- and ---- kg) and whose height is (insert appropriate values in 
English and metric units; use of word ``mass'' in label is optional) or 
less.
    (g) The heading and statement specified in paragraph (1), and if 
appropriate, the statements in paragraph (2) and (3). If used, the 
statements in paragraphs (2) and (3) shall be bulleted and precede the 
bulleted statement required by paragraph (1) after the heading.
    (1) A heading as specified in S5.5.2(k)(4)(i), with the statement 
``WARNING! DEATH or SERIOUS INJURY can occur'' capitalized as written 
and followed by the bulleted statement: Follow all instructions on this 
child restraint and in the vehicle's owner's manual. At the 
manufacturer's option the phrase ``DEATH or SERIOUS INJURY can occur'' 
in the heading can be on either a white or yellow background.
    (2) In the case of each built-in child restraint system which is 
not intended for use in motor vehicles in certain adjustment positions 
or under certain circumstances, an appropriate statement of the 
manufacturers restrictions regarding those positions or circumstances.
    (3) As appropriate, the statements required by the following 
sections will be bulleted and placed after the statement required by 
5.5.5(g)(1) in the following order: 5.5.5(g)(2), 5.5.5(f), S5.5.5(h) 
and S5.5.5(i).
    (h) In the case of each built-in child restraint system that has 
belts designed to restrain children using them and which do not adjust 
automatically to fit the child: Snugly adjust the belts provided with 
this child restraint around your child.
    (i) In the case of each built-in child restraint which can be used 
in a rear-facing position, the following statement: Place an infant in 
a rear-facing position in this child restraint.
* * * * *
    S5.6 Printed Instructions for Proper Use.
    Any labels or written instructions provided in addition to those 
required by this section shall not obscure or confuse the meaning of 
the required information or be otherwise misleading to the consumer. 
Any labels or written instructions other than in the English language 
shall be an accurate translation of English labels or written 
instructions. Unless written in all capitals, the information required 
by S5.6.1 through S5.6.3 shall be stated in sentence capitalization.
* * * * *
    S5.6.1.10(a) For instructions for a booster seat that is 
recommended for use with either a vehicle's Type I or Type II seat belt 
assembly, one of the following statements, as appropriate, and the 
reasons for the statement:
    (1) Warning! Use only the vehicle's lap and shoulder belt system 
when restraining the child in this booster seat; or,
    (2) Warning! Use only the vehicle's lap belt system, or the lap 
belt part of a lap/shoulder belt system with the shoulder belt placed 
behind the child, when restraining the child in this seat.
    (b)(1) Except as provided in S5.6.1.10(b)(2), the instructions for 
a booster seat that is recommended for use with both a vehicle's Type I 
and Type II seat belt assemblies shall include the following statement 
and the reasons therefor: Warning! Use only the vehicle's lap belt 
system, or the lap belt part of a lap/shoulder belt system with the 
shoulder belt placed behind the child, when restraining the child with 
the (insert description of the system element provided to restrain 
forward movement of the child's torso when used with a lap belt (e.g., 
shield)), and only the vehicle's lap and shoulder belt system when 
using this booster without the (insert above description).
    (2) A booster seat which is recommended for use with both a 
vehicle's Type I and Type II seat belt assemblies is not subject to 
S5.6.1.10(b)(1) if, when the booster is used with the shield or similar 
component, the booster will cause the shoulder belt to be located in a 
position other than in front of the child when the booster is 
installed. However, the instructions for such a booster shall include a 
warning to use the booster with the vehicle's lap and shoulder belt 
system when using the booster without a shield.
* * * * *
    S5.6.3 Add-on and built-in child restraint systems.
    In the case of each child restraint system that has belts designed 
to restrain children using them and which do not adjust automatically 
to fit the child, the printed instructions shall include the following 
statement: A snug strap should not allow any slack. It lies in a 
relatively straight line without sagging. It does not press on the 
child's

[[Page 61531]]

flesh or push the child's body into an unnatural position.
* * * * *

    Issued on September 26, 2002.
Annette M. Sandberg,
Deputy Administrator.
[FR Doc. 02-24936 Filed 9-30-02; 8:45 am]
BILLING CODE 4910-59-P