[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Pages 64818-64825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26824]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2002-12065]
RIN 2127-AI88


Federal Motor Vehicle Safety Standards; Child Restraint Systems

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

ACTION: Interim final rule; request for comments.

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SUMMARY: This document amends our child restraint standard to 
facilitate the safe transportation of preschool and special needs 
children through the manufacture and use of vests that hold the 
children in place during a crash. Vests and other types of child 
restraints are currently prohibited by the standard from having any 
means designed for attaching the system to a vehicle seat back. 
Effective immediately, all vests that are manufactured for use on 
school bus seats are excluded from the prohibition. Effective February 
1, 2003, the exclusion is limited to the vests that bear a warning 
label informing users that the vest must be used only on school bus 
seats, and that the entire seat directly behind the child wearing the 
seat-mounted vest must be either unoccupied or occupied by restrained 
passengers. The agency also requests comments on this amendment.
    This document responds to a petition for rulemaking from a vest 
manufacturer. NHTSA has determined that the requested amendment would 
facilitate the safe transportation of preschool and special needs 
children.
    NHTSA is making the amendment final by this document on an interim 
basis because of the pressing need to permit, early in the school year, 
the manufacture and sale of restraints that can be used to transport 
these children. The exclusion terminates on December 1, 2003. After 
reviewing the comments received on this document, NHTSA will decide 
whether to exclude these vests from the prohibition on a permanent 
basis.

DATES: This rule is effective October 22, 2002 and expires on December 
1, 2003. Comments must be received by December 23, 2002.

ADDRESSES: You may submit your comments in writing to: Docket 
Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. 
Alternatively, you may submit your comments electronically by logging 
onto the Docket Management System Web site at http://dms.dot.gov. Click 
on ``Help & Information'' or ``Help/Info'' to view instructions for 
filing your comments electronically. Regardless of how you submit your 
comments, you should mention the docket number of this document. You 
may call Docket Management at 202-366-9324. You may visit the Docket 
from 10 a.m. to 5 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Mr. Tewabe Asebe, 
Office of Rulemaking, NVS-113, telephone (202) 366-2365. For legal 
issues: Ms. Deirdre Fujita, Office of Chief Counsel, NCC-112, telephone 
(202) 366-2992. Both can be reached at the National Highway Traffic 
Safety Administration, 400 Seventh St., SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Background
III. Issues
    a. Safety
    b. Amendments
    c. Interim final justification
IV. Rulemaking Analyses and Notices
    a. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    b. Regulatory Flexibility Act
    c. Paperwork Reduction Act
    d. National Environmental Policy Act
    e. Executive Order 13132 (Federalism)
    f. Civil Justice Reform
    g. National Technology Transfer and Advancement Act

[[Page 64819]]

    h. Unfunded Mandates Reform Act
V. Submission of Comments

I. Introduction

    This document amends Standard No. 213, ``Child Restraint Systems'' 
(49 CFR Sec.  571.213), to modify S5.3.1 of the standard on an interim 
basis. This document also solicits comments on this amendment.
    This rulemaking involves a type of child restraint system that is 
commonly known as a ``vest.'' A vest restraint system consists 
primarily of flexible material, such as straps, webbing or similar 
material, and that does not include a rigid seating structure for the 
child. Vest restraints are also called ``harnesses.'' Standard No. 213 
uses the term ``harness'' in specifying requirements for this type of 
child restraint system. We consider the terms ``vest'' and ``harness'' 
to be interchangeable. We use the term ``vest'' in this notice to the 
extent that a manufacturer uses the term in naming its product, or when 
a member of the public uses the term to describe a restraint. In the 
regulatory text for this interim final rule, we have a definition of 
``harness,'' since ``harness'' is already used in the standard rather 
than ``vest.'' Again, however, the terms are synonymous.

II. Background

    On August 31, 2001, NHTSA issued a letter to Ms. Kathy Durkin (Hold 
Me Tight Products), interpreting Standard No. 213 with respect to a 
passenger support vest for use on school buses. Ms. Durkin had asked 
whether her product was a child restraint. The product was a vest that 
had straps that ``wrap the seat back and are independent of the seat 
belt.'' In the course of explaining that the product was a ``child 
restraint system'' subject to the standard, NHTSA discussed S5.3.1, 
which states: ``Except for components designed to attach to a child 
restraint anchorage system, each add-on child restraint system shall 
not have any means designed for attaching the system to a vehicle seat 
cushion or vehicle seat back * * *.'' Child restraints are prohibited 
from attaching to the vehicle seat back because they will load the seat 
back in a crash. The seat back might not be able to withstand the 
additional load applied to it by an attached, occupied child restraint. 
NHTSA concluded the letter by stating that child restraints that are 
designed to attach to a vehicle seat back do not meet S5.3.1.
    After it issued the interpretation letter, NHTSA was informed by 
many school districts and school bus operators that they were already 
using products that wrap around the vehicle seat back (``seat-mounted 
vests''). They told NHTSA that the vests were widely used to transport 
many different populations of children, including preschoolers,\1\ 
children who need help sitting upright, and children who need to be 
physically restrained because of physical or behavioral needs. The 
vests were popular with the pupil transportation administrators and 
operators because the restraints do not use a seat belt to attach to 
the vehicle. Thus, they can be used on large, compartmentalized school 
buses notwithstanding the absence of seat belts. (Compartmentalization 
provides passenger crash protection without the need for seat belts by 
surrounding passengers with sturdy, high-backed and well-padded seats.) 
The administrators and operators said that if seat-mounted vests were 
unavailable, they would have great difficulty in transporting their 
children. They might have to replace some of the bus seats in their 
fleet with seats that have belts, purchase additional school buses, or 
purchase conventional child safety seats (and train personnel on 
installing them and find storage space for storing them), all at 
considerable cost. Some indicated that if seat-mounted vests were 
unavailable, they might not restrain their children with any kind of 
child restraint system at all.
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    \1\ NHTSA recommends that preschool age children transported in 
school buses be transported in child restraint systems. ``Guideline 
for the Safe Transportation of Pre-School Age Children in School 
Buses,'' NHTSA, February 1999.
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    On March 4, 2002, Ms. Constance S. Murray, president of E-Z-ON, 
submitted a petition for rulemaking requesting NHTSA to amend S5.3.1 of 
Standard No. 213 to allow the manufacture and sale of seat-mounted 
vests for school buses. Petitioner informed NHTSA that E-Z-ON has been 
selling its seat-mounted vest, the Camwrap, since 1982. E-Z-ON 
estimated that between January 1, 1988 and June 25, 2002, it sold more 
than 230,000 Camwraps.
    Petitioner stated that school districts and pupil transporters that 
have purchased seat-mounted vests are in danger of losing funds and 
incurring additional costs because of the vests' inability to meet 
S5.3.1, even though the industry ``has used Seat-Mounted Safety Vests 
and Harnesses to safely transport children of all sizes and physical 
and behavioral needs. * * * Seat-Mounted CRS [child restraint systems] 
offer a safe, easy and affordable way to add upper body support and 
safe restraint to children on school buses.'' Petitioner also submitted 
a document that summarized the results of an on-line survey that E-Z-ON 
apparently conducted to assess respondents' use of seat-mounted vests 
or harnesses in school buses, respondents' knowledge of a school bus 
crash in which a seat-mounted vest or harness was being used and 
whether a child properly secured in a seat-mounted vest or harness was 
seriously injured, and whether seat-mounted vests or harnesses should 
be ``removed from school buses.'' (Petitioner did not explain the 
methodology of the survey, e.g., who was contacted to respond, 
selection of respondents, etc., and did not provide the actual 
results.) According to the petitioner, there were 61 respondents, 54 of 
whom currently use seat-mounted vests or harnesses in school buses. 
Petitioner stated that four had personal knowledge of a school bus 
crash in which a seat-mounted vest or harness was used and that there 
were no injuries reported or described.
    Subsequent to NHTSA's receipt of the petition, a number of pupil 
transporters wrote identical ``petitions'' to NHTSA in support of that 
of E-Z-ON. These were Joy E. Winnie, Marlon Carter, Richard Rodriquez, 
Marcia Hahn, and Kathy Potts. Copies of all of these petitions have 
been placed in the docket.

III. Issues

a. Safety

    NHTSA believes that sanctioning the manufacture and sale of seat-
mounted vests for use on school buses will enhance the safe 
transportation of preschool and special needs children, provided that 
certain conditions are met to ensure that the seat back would not be 
overloaded and subject to failure. These conditions are that the entire 
school bus seat directly rearward of a child restrained in a seat-
mounted vest is vacant or occupied by restrained children. This interim 
final rule is premised on those conditions being met by way of a 
warning label on the vests, informing school administrators and school 
bus drivers about those conditions.
    Between 1996 and 1998, the agency conducted a series of sled tests 
on safety vests at the agency's Vehicle Research and Test Center 
(VRTC). The tests were conducted as part of the research program that 
developed the agency's guideline for safely transporting preschool age 
children in school buses (footnote 1, supra). The testing program 
evaluated the performance of E-Z-ON's Camwrap (a seat-mounted vest) and 
other restraints. A summary report of the tests titled: ``School Bus 
Compartmentalization and Preschool

[[Page 64820]]

Age Transportation--Vest and Harness Test Results'' is available in 
Docket NHTSA-1998-4573-51.
    The tests were conducted using the FMVSS No. 213 crash pulse (30 
mile per hour (mph) velocity change with a peak acceleration of 24 g). 
This pulse represented a 30 mph small school bus crash with a vehicle 
of comparable mass traveling at the same speed. Hybrid II 3-year-old 
child dummies were restrained in the vests in a front school bus bench 
seat (front row), with Hybrid III 50th percentile male dummies seated 
in a bench seat immediately behind the front row (``second row''). The 
male dummies weighed approximately 172 pounds. The male dummies in the 
second row were belted in some tests, and unbelted in others. The 
Camwrap was wrapped around the school bus seat back (per E-Z-ON's 
installation instructions). The vests performed adequately when the 
male dummies in the second row were belted. Head injury criterion (HIC) 
values for the 3-year-old dummies restrained in the vests were below 
800. However, in the tests with the unbelted male dummies, the HIC 
values for three out of four child dummies were above 1000. The seats 
were standard non-reinforced school bus seats. The test results are 
summarized in the table below:

     VRTC Test Results for HIC Values for Hybrid II 3-Year-Old Dummies Restrained by Harnesses With Camwrap
----------------------------------------------------------------------------------------------------------------
                                                                     Standard      Dummy seating position  (HIC
                                                                    school bus                values)
             Rear seat 50th percentile male dummies                seat spacing  -------------------------------
                                                                     (inches)          Aisle         Sidewall
----------------------------------------------------------------------------------------------------------------
Unbelted........................................................              20            1460            2137
                                                                              24            1381             483
Belted..........................................................              20             722             794
                                                                              24             219             185
----------------------------------------------------------------------------------------------------------------

b. Amendments

    The VRTC test data indicate that seat-mounted vests can be a 
suitable means of restraining children on school buses, provided that 
the seats behind a child restrained in the vest are empty or are 
occupied by restrained passengers.\2\ NHTSA believes that school bus 
operators and bus transportation administrators can exercise sufficient 
oversight over the seating of children on school buses to ensure that 
these seats are empty or that their occupants are restrained.
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    \2\ This amendment affects seat-mounted vests that are 
recommended for children weighing up to 50 pounds (maximum weight 
limit covered by Standard No. 213). E-Z-On states that its vest is 
designed for children and adults who weigh between 20 and 164 
pounds. Our test data do not address the performance of seat-mounted 
vests when restraining children above 40 pounds.
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    This rule therefore excludes vests (harnesses) manufactured and 
sold for use on school bus seats from the requirement of S5.3.1, 
thereby sanctioning the manufacture and sale of seat-mounted vests for 
pupil and Head Start transportation. Effective February 1, 2003, the 
devices must bear a permanent warning label to be excluded. See Figure 
12, infra. The label must be placed on the part of the restraint that 
attaches the vest to the vehicle seat back, and must be visible when 
the harness is installed. It must contain a pictogram and the following 
statements: ``WARNING! This restraint must only be used on school bus 
seats. Entire seat directly behind must be unoccupied or have 
restrained occupants.'' Comments are requested on the requirements for 
the label.
    The label must state that the restraint is manufactured for use 
only on ``school bus seats'' rather than on ``school buses.'' A final 
rule issued by the Department of Health and Human Services on January 
18, 2001 (66 FR 5296) requires Head Start agencies to transport Head 
Start children in vehicles built to Federal school bus structural 
standards beginning in 2006. These vehicles must be school buses, or 
alternate vehicles that have all the structural features of a school 
bus except for certain school bus crash avoidance features (e.g., the 
flashing lights and stop arms of a school bus). The reference in 
today's rule to ``school bus seats'' accommodates the possible use of 
seat-mounted vests on these alternate vehicles, which are not school 
buses, but which have school bus seats. A school bus seat is a seat in 
a vehicle that meets FMVSS No. 222, ``School Bus Seating and Crash 
Protection'' (49 CFR 571.222).
    To implement the exclusion, we are adding a definition of 
``harness'' to the standard. The definition of a harness is ``a 
combination pelvic and upper torso child restraint system that consists 
primarily of flexible material, such as straps, webbing or similar 
material, and that does not include a rigid seating structure for the 
child.'' In developing the definition, we considered the definition of 
a Type 3 seat belt assembly that Standard No. 209 once had.\3\ The 
definition was as follows: ``a combination pelvic and upper torso 
restraint for persons weighing not more than 50 pounds or 23 kilograms 
and capable of sitting upright by themselves, that is children in the 
approximate range of 8 months to 6 years.'' As noted previously, we 
consider the term ``harness,'' to be interchangeable with the term 
``vest,'' which is commonly used to describe seat-mounted restraints.
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    \3\ The definition was removed in 1981, when the requirements 
for child harnesses were moved to Standard No. 213.
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    This rule also makes several other amendments to Standard No. 213 
relating to the exclusion. It amends S5.3.2 and an accompanying table 
in Standard No. 213, which specify the means by which child restraint 
systems must be capable of being attached to a vehicle seat. The table 
in S5.3.2 is modified to provide that harnesses designed for use on 
school bus seats be capable of attaching to the bus seat by a seat 
mount. This interim final rule also amends the table to S5.1.3.1(a) of 
the standard, which specifies the head and knee excursion requirements 
that add-on child restraints must meet. The table showed that harnesses 
must meet the requirements when attached to the test seat assembly 
using a lap belt and tether. The table is amended for harnesses for use 
on school bus seats, to show that these restraints are attached to the 
seat assembly using the harness's seat back mount.
    In addition, the dynamic test procedures of the standard are 
amended to specify procedures for testing seat-mounted harnesses. The 
procedures had reflected attachment of add-on child restraints by a lap 
belt, lap belt and tether, lap and shoulder belt, and child restraint 
anchorage system. Seat-

[[Page 64821]]

mounted harnesses are not attached by those means. Accordingly, 
S6.1.2(a)(1)(i)(A) and S6.1.2(d)(1)(ii) are revised to include 
specifications appropriate for the manner in which seat-mounted 
harnesses are attached. Comments are requested on these revisions.
    This rule also amends Standard No. 213 by adding a requirement 
(S5.6.1.11) that beginning February 1, 2003, the printed instructions 
accompanying these harnesses must include the warning statements 
described above. (These statements are: ``WARNING! This restraint must 
only be used on school bus seats. Entire seat directly behind must be 
unoccupied or have restrained occupants.'') The purpose of this 
requirement is to increase the likelihood that the seat back will not 
be overloaded during a frontal crash by unrestrained passengers sitting 
in the seat immediately behind the child restrained in a harness.

c. Interim Final Justification

    This amendment will relieve a restriction currently imposed by 
Standard No. 213 and will facilitate the transportation of preschool 
and special needs children. With the start of the new school year, many 
pupil transportation administrators need to transport preschool, Head 
Start and special needs children on school buses. For many 
administrators, there is no reasonable alternative to restraining these 
children other than by means of seat-mounted vests. Various pupil 
transportation administrators have stated that they will not use the 
seat-mounted vests that they have already purchased unless and until 
the standard is amended. Others want to purchase new seat-mounted vests 
to restrain these children, but will not do so unless the standard is 
amended. Accordingly, NHTSA has determined that it is in the public 
interest to make the changes effective immediately on an interim basis 
(until December 1, 2003). After reviewing the comments received on this 
document, NHTSA will decide whether to amend the standard permanently.

IV. Rulemaking Analyses and Notices

a. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
E.O. 12866 and the Department of Transportation's regulatory policies 
and procedures. This rulemaking document was not reviewed under E.O. 
12866, ``Regulatory Planning and Review.'' This action has been 
determined to be ``nonsignificant'' under the Department of 
Transportation's regulatory policies and procedures. The agency 
concludes that the impacts of the amendments are so minimal that 
preparation of a full regulatory evaluation is not required. The rule 
will not impose any new requirements or costs on manufacturers, but 
instead will permit manufacturers to produce a type of harness if the 
harness bears a label regarding how the restraint should be used.

b. Regulatory Flexibility Act

    NHTSA has also considered the impacts of this document under the 
Regulatory Flexibility Act. I hereby certify that this rule does not 
have a significant economic impact on a substantial number of small 
entities. The rule will not impose any new requirements or costs on 
manufacturers, but instead will permit manufacturers to produce a type 
of harness if the harness bears a label regarding how the restraint 
should be used. NHTSA has learned of two harness restraint 
manufacturers, both of which are small businesses. The agency believes 
that this rule will not have a significant impact on these businesses. 
Adding a warning label to the harness strap would cost approximately 
eight cents per device. This rule enables the sale of seat-mounted 
harnesses to school districts and to other pupil transportation 
providers. Since the cost of the label is minimal, purchasers will not 
be substantially affected by the rule.

c. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid OMB control number. This rule does not 
contain any collection of information requirements requiring review 
under the Paperwork Reduction Act.

d. National Environmental Policy Act

    NHTSA has also analyzed this rule under the National Environmental 
Policy Act and determined that it will not have a significant impact on 
the human environment.

e. 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.
    We have analyzed this interim rule in accordance with the 
principles and criteria set forth in Executive Order 13132 and have 
determined that this 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 rule will 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.

f. Civil Justice Reform

    This rule will not have any retroactive effect. A petition for 
reconsideration or other administrative proceeding will not be a 
prerequisite to an action seeking judicial review of this rule. This 
rule will not preempt the states from adopting laws or regulations on 
the same subject, except that it will preempt a state regulation that 
is in actual conflict with the Federal regulation or makes compliance 
with the Federal regulation impossible or interferes with the 
implementation of the Federal statute.

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 us to use voluntary consensus standards in 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

[[Page 64822]]

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 us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    The agency searched for, but did not find any voluntary consensus 
standards relevant to this final rule.

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 interim final rule will not impose 
any unfunded mandates under the Unfunded Mandates Reform Act of 1995. 
This rule will not result in costs of $100 million or more to either 
State, local, or tribal governments, in the aggregate, or to the 
private sector. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

V. Submission of Comments

How Can I Influence NHTSA's Thinking on This Rule?
    In developing this interim final rule, we tried to address the 
concerns of all our stakeholders. Your comments will help us improve 
this rulemaking action. We invite you to provide different views on the 
approaches we adopted, new approaches we haven't considered, new data, 
how this interim rule may affect you, or other relevant information. We 
welcome your views on all aspects of this interim final rule, but 
request comments on specific issues throughout this document. Your 
comments will be most effective if you follow the suggestions below:

--Explain your views and reasoning as clearly as possible.
--Provide solid technical and cost data to support your views.
--If you estimate potential costs, explain how you arrived at the 
estimate.
--Tell us which parts of the interim final rule you support, as well as 
those with which you disagree.
--Provide specific examples to illustrate your concerns.
--Offer specific alternatives.
--Refer your comments to specific sections of the document, such as the 
units or page numbers of the preamble, or the regulatory sections.
--Be sure to include the name, date, and docket number with your 
comments.
How Do I Prepare and Submit Comments?
    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR Sec.  
553.21). We established this limit to encourage you to write your 
primary comments in a concise fashion. However, you may attach 
necessary additional documents to your comments. There is no limit on 
the length of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Comments may also be submitted to the docket electronically by 
logging onto the Dockets Management System Web Site at Click on ``Help 
& Information'' or ``Help/Info'' to obtain instructions for filing the 
document electronically.
How Can I Be Sure That My Comments Were Received?
    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512.)
Will the Agency Consider Late Comments?
    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider it in 
developing a final rule (assuming that one is issued), we will consider 
that comment as an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted by Other People?
    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    (2) On that page, click on ``search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-2002-1234,'' you would type 
``1234.'' After typing the docket number, click on ``search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. However, since the comments are imaged 
documents, instead of word processing documents, the downloaded 
comments are not word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further,

[[Page 64823]]

some people may submit late comments. Accordingly, we recommend that 
you periodically check the Docket for new material. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.

List of Subjects in 49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements, 
Tires.

PART 571--[AMENDED]

    In consideration of the foregoing, NHTSA amends 49 CFR part 571 as 
set forth below.
    1. The authority citation for Part 571 continues to read as 
follows:

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


Sec.  571.213  [Amended]

    2. Section 571.213 is amended by:
    (a) Amending S4 by adding, in alphabetical order, a definition of 
``harness'';
    (b) Revising the ``Table to S5.1.3.1(a)-Add-On Forward-Facing Child 
Restraints,'' and revising S5.3.1 and S5.3.2 (including the table in 
S5.3.2);
    (c) Adding S5.6.1.11;
    (d) Revising S6.1.2(a)(1)(i)(A) and S6.1.2(d)(1)(ii); and
    (e) Adding Figure 12 at the end of Sec.  571.213.
    The revised and added sections read as follows:


Sec.  571.213  Standard No. 213

* * * * *
    S4. Definitions.
* * * * *
    Harness means a combination pelvic and upper torso child restraint 
system that consists primarily of flexible material, such as straps, 
webbing or similar material, and that does not include a rigid seating 
structure for the child.
* * * * *
    S5.1.3.1 * * *

                           Table to S5.1.3.1(a)--Add-On Forward-Facing Child Restraints
----------------------------------------------------------------------------------------------------------------
                                                                                       Explanatory note: In the
                                                                                        test specified in 2nd
                                                                                     column, the child restraint
 When this type of child restraint        Is tested in       These excursion limits    is attached to the test
                                        accordance with--             apply          seat assembly in the manner
                                                                                     described below, subject to
                                                                                          certain conditions
----------------------------------------------------------------------------------------------------------------
Harnesses, backless booster seats    S6.1.2(a)(1)(i)(A)....  Head 813 mm;            Attached with lap belt; in
 and restraints designed for use by                          Knee 915 mm...........   addition, it a tether is
 physically handicapped children.                                                     provided, it is attached.
------------------------------------
Harnesses labeled per S5.3.1(b)(1)   S6.1.2(a)(1)(i)(A)....  Head 813 mm;            Attached with seat back
 through S5.3.1(b)(3) and Figure 12.                         Knee 915 mm...........   mount.
------------------------------------
Belt-positioning seats.............  S6.1.2(a)(1)(ii)......  Head 813 mm;            Attached with lap and
                                                             Knee 915 mm...........   shoulder belt; no tether
                                                                                      is attached.
------------------------------------
All other child restraints,          S6.1.2(a)(1)(i)(B)....  Head 813 mm;            Attached with lap belt; no
 manufactured before September 1,                            Knee 915 mm...........   tether is attached.
 1999.
------------------------------------
All other child restraints,          S6.1.2(a)(1)(i)(B)....  Head 813 mm;            Attached with lap belt; no
 manufactured on or after September                          Knee 915 mm...........   tether is attached.
 1, 1999.
                                    ------------------------                        ----------------------------
                                     S6.1.2(a)(1)(i)(D)                              Attached to lower
                                      (beginning September                            anchorages of child
                                      1, 2002).                                       restraint anchorage
                                                                                      system; no tether is
                                                                                      attached.
                                    ------------------------                        ----------------------------
                                     S6.1.2(a)(1)(i)(A)....  Head 720 mm;            Attached with lap belt; in
                                                             Knee 915 mm...........   addition, if a tether is
                                                                                      provided it is attached.
                                    ------------------------                        ----------------------------
                                     S6.1.2(a)(1)(i)(C)                              Attached to lower
                                      (beginning September                            anchorages of child
                                      1, 2002).                                       restraint anchorage
                                                                                      system; in addition, if a
                                                                                      tether is provided, it is
                                                                                      attached.
----------------------------------------------------------------------------------------------------------------

* * * * *
    S5.3.1 Add-on child restraints shall meet either (a) or (b), as 
appropriate.
    (a) Except for components designed to attach to a child restraint 
anchorage system, each add-on child restraint system must not have any 
means designed for attaching the system to a vehicle seat cushion or 
vehicle seat back and any component (except belts) that is designed to 
be inserted between the vehicle seat cushion and vehicle seat back. 
Harnesses manufactured before February 1, 2003 that are manufactured 
for use on school bus seats are excluded from S5.3.1(a).
    (b) Harnesses manufactured on or after February 1, 2003, but before 
December 1, 2003, for use on school bus seats must meet S5.3.1(a) of 
this standard, unless a label that conforms in content to Figure 12 and 
to the requirements of S5.3.1(b)(1) through S5.3.1(b)(3) of this 
standard is permanently affixed to the part of the harness that 
attaches the system to a vehicle seat back. Harnesses that are not 
labeled as required by this paragraph must meet S5.3.1(a).
    (1) The label must be plainly visible when installed and easily 
readable.
    (2) The message area must be white with black text. The message 
area must be no less than 20 square centimeters.
    (3) The pictogram shall be gray and black with a red circle and 
slash on a white background. The pictogram shall be no less than 20 mm 
in diameter.
    S5.3.2 Each add-on child restraint system shall be capable of 
meeting the requirements of this standard when installed solely by each 
of the means indicated in the following table for the particular type 
of child restraint system:

[[Page 64824]]



----------------------------------------------------------------------------------------------------------------
                                                              Means of Installation
                                --------------------------------------------------------------------------------
 Type of add-on child restraint                    Type 1 seat belt     Child restraint
             system                Type 1 seat      assembly plus a    anchorage system     Type II seat    Seat
                                  belt assembly    tether anchorage,      (effective       belt assembly    back
                                                       if needed      September 1, 2002)                   mount
----------------------------------------------------------------------------------------------------------------
Harness labeled per              ...............  ..................  ..................  ...............    X
 S5.3.1(b)(1) through
 S5.3.1(b)(3) and Figure 12....
Other harnesses................  ...............                  X
Car beds.......................               X
Rear-facing restraints.........               X   ..................                  X
Belt-positioning seats.........  ...............  ..................  ..................               X
All other child restraints.....               X                   X                   X
----------------------------------------------------------------------------------------------------------------

* * * * *
    S5.6.1.11 For harnesses that are manufactured on or after February 
1, 2003, but before December 1, 2003, for use on school bus seats, the 
instructions must include the following statements:
    WARNING! This restraint must only be used on school bus seats. 
Entire seat directly behind must be unoccupied or have restrained 
occupants.
* * * * *
    S6.1.2 Dynamic test procedure.
    (a) * * *
    (1) * * *
    (i) * * *
    (A) Install the child restraint system at the center seating 
position of the standard seat assembly, in accordance with the 
manufacturer's instructions provided with the system pursuant to 
S5.6.1, except that the standard lap belt is used and, if provided, a 
tether strap may be used. For harnesses that bear the label shown in 
Figure 12 and that meet S5.3.1(b)(1) through S5.3.1(b)(3), attach the 
harness in accordance with the manufacturer's instructions provided 
with the system pursuant to S5.6.1, i.e., the seat back mount is used.
* * * * *
    (d) * * *
    (1) * * *
    (ii) All Type 1 belt systems used to attach an add-on child 
restraint system to the standard seat assembly, and any provided 
additional anchorage belt (tether), are tightened to a tension of not 
less than 53.5 N and not more than 67 N, as measured by a load cell 
used on the webbing portion of the belt. All belt systems used to 
attach a harness that bears the label shown in Figure 12 and that meets 
S5.3.1(b)(1) through S5.3.1(b)(3) are also tightened to a tension of 
not less than 53.5 N and not more than 67 N, by measurement means 
specified in this paragraph.
* * * * *
BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR22OC02.000



[[Page 64825]]


    Issued on October 16, 2002.
Annette M. Sandberg,
Deputy Administrator.
[FR Doc. 02-26824 Filed 10-17-02; 4:00 pm]
BILLING CODE 4910-59-C