[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 28878-28888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9924]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2005-21244]
RIN 2127-AJ59


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM would amend Federal Motor Vehicle Safety Standard 
No. 208, Occupant crash protection, by proposing test procedures 
applicable to vehicles that have a child restraint anchorage system, 
commonly referred to as a ``LATCH'' system, in a front passenger 
seating position and that comply with advanced air bag requirements 
through the use of a

[[Page 28879]]

suppression system. Beginning September 1, 2006, these vehicles must 
suppress the air bag in the presence of a child restraint system that 
is attached to the vehicle's LATCH system. The procedures proposed in 
this document specify a repeatable, reproducible, and realistic method 
of attaching child restraints to the LATCH system for the suppression 
test.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than July 18, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading under Rulemaking Analyses and 
Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Lou Molino, Office of Crashworthiness Standards, Light Duty Vehicle 
Division by phone at (202) 366-1740, and by fax at (202) 493-2739.
    For legal issues, you may contact Christopher Calamita of the NHTSA 
Office of Chief Counsel by phone at (202) 366-2992 and by fax at (202) 
366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant 
crash protection'' (49 CFR 571.208), requires passenger vehicles to be 
equipped with safety belts and frontal air bags for the protection of 
vehicle occupants in crashes. While air bags have been very effective 
in protecting people in moderate and high speed frontal crashes, there 
have been instances in which they have caused serious or fatal injuries 
to occupants who were very close to the air bag when it deployed. On 
May 12, 2000, NHTSA published a final rule to require that future air 
bags be designed to create less risk of serious air bag-induced 
injuries than current air bags and provide improved frontal crash 
protection for all occupants, by means that include advanced air bag 
technology (``Advanced Air Bag Rule,'' 65 FR 30680, Docket No. NHTSA 
00-7013). Under that Advanced Air Bag Rule, manufacturers are provided 
several compliance options in order to minimize the risk to infants and 
small children from deploying air bags, including an option to suppress 
an air bag in the presence of a child restraint system (CRS).
    To ensure the robustness of automatic suppression systems, NHTSA 
tests an air bag suppression system under conditions representative of 
real world use. Manufacturers choosing to rely on an air bag 
suppression system to minimize the risk to children in a CRS must 
ensure that the vehicle complies with the suppression requirements when 
tested with the CRSs specified in Appendix A of the standard (see S19, 
S21 and S23 of FMVSS No. 208).
    On November 19, 2003, we revised Appendix A by adding two CRSs that 
are equipped with components that attach to a vehicle's LATCH \1\ 
system (68 FR 65179, Docket No. NHTSA 03-16476). Since September 1, 
2002, CRSs have been required by FMVSS No. 213, Child restraint systems 
(49 CFR 571.213), to have permanently-attached components that enable 
the CRS to connect to a LATCH system on a vehicle. The addition of 
these ``LATCH-equipped'' CRSs to Appendix A kept the appendix up-to-
date in reflecting current CRS designs.\2\
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    \1\ ``LATCH'' stands for ``Lower Anchors and Tethers for 
Children,'' a term that was developed by child restraint 
manufacturers and retailers to refer to the standardized child 
restraint anchorage system that vehicle manufacturers must install 
in vehicles pursuant to FMVSS No. 225, Child Restraint Anchorage 
Systems (49 CFR 571.225). The LATCH system is comprised of two lower 
anchorages and one tether anchorage. Each lower anchorage is a rigid 
round rod or bar onto which the connector of a child restraint 
system can be attached. FMVSS No. 225 does not permit vehicle 
manufacturers to install LATCH systems in front designated seating 
positions unless the vehicle has an air bag on-off switch meeting 
the requirements of S4.5.4 of FMVSS No. 208.
    \2\ On August 20, 2004, the agency extended the compliance date 
(from September 1, 2004 to September 1, 2006) on which manufacturers 
must certify to requirements with the LATCH-equipped CRSs installed 
on a LATCH system (69 FR 51598; Docket No. NHTSA 2004-18905).
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    FMVSS No. 208 currently states that the CRS manufacturer's 
installation instructions are to be used when installing a LATCH-
equipped CRS into a vehicle for suppression testing. It does not 
provide a specific procedure apart from these instructions. Today's 
NPRM proposes a specific procedure, which we have tentatively 
determined to provide a repeatable and reproducible installation of 
LATCH-equipped CRSs. The procedure is based on real-world installations 
of CRSs and is consistent with CRS manufacturers' instructions.

II. Proposed Test Procedures

    There are two types of LATCH-equipped CRSs. One type is composed of 
CRSs that have the LATCH components attached to them by use of flexible 
belt webbing (for purposes of this NPRM, we refer to child restraints 
that use the flexible means of attachment as ``flexible LATCH CRSs''). 
The other type is comprised of CRSs that use a rigid ratchet mechanism 
built into the CRS (``rigid LATCH CRSs''). This NPRM proposes 
procedures for attaching both types of CRSs to the vehicle's LATCH 
system.

Test Procedure for Flexible LATCH CRSs

    The test procedure for flexible LATCH CRSs uses a loading device 
that enables a consistent means of installing the restraints. (A 
schematic of the device accompanies the proposed regulatory text.) 
Under the proposed procedure, a flexible LATCH CRS is centered between 
the seat's two lower LATCH anchor bars and the CRS LATCH is connected 
to the anchor bars with slack in the straps. The loading device, 
consisting of a loading bar, load cell, and loading bar foot, is placed 
at the CRS seat bight (the intersection of the CRS seat cushion and 
seat back) at an angle of 15  3 degrees from vertical.

[[Page 28880]]

The device applies a load to the CRS, replicating installers using 
their weight to install a CRS. The loading device first applies a 
preload of 50 to 100 Newtons (N) to the CRS, which is then increased to 
875  10 N. After the load settles to between 845 and 855 N, 
the flexible LATCH straps, already attached to the anchor bars but not 
yet in tension, are manually tightened such that the change in the 
preload is not more than 25 N.\3\
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    \3\ To replicate a common misuse condition, the top tether of 
the CRS is not attached.
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    The procedure was developed by NHTSA to replicate real-world CRS 
installations in vehicles by experienced installers, particularly with 
respect to the appropriate load vector to be applied and the amount of 
load relief when LATCH belts are manually tightened. The procedure was 
developed using four installers \4\ working with three vehicles and 
four CRSs. The vehicles used were: (a) The 2003 GMC Sierra Regular Cab 
C1500 Truck, certified to the advanced air bag requirements; (b) the 
2003 Toyota Tacoma regular Cab Truck, certified with depowered air 
bags; and (c) the 2004 Ford F150 Regular Cab Truck, certified to the 
advanced air bag requirements. The CRSs used were: (a) The Cosco 
Forerunner convertible child restraint; (b) the Cosco Alpha-Omega 
convertible child restraint; (c) the Graco SnugRide rear-facing child 
restraint; and (d) the Britax Expressway convertible child restraint. A 
memorandum describing development of the procedure has been placed in 
the docket for this rulemaking.\5\
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    \4\ All four installers were practiced with the installation of 
the CRSs. Two of the installers were certified Child Passenger 
Safety Technicians. We used experienced installers because we wanted 
to achieve a secure, ``tight'' installation of the CRS on the LATCH 
system. A tight installation of a CRS, which is the installation 
that caregivers seek to achieve, is more likely to be read by some 
suppression systems as an adult occupying the seating position than 
an installation that is less tight.
    \5\ Test Report--FMVSS No. 208, LATCH Equipped Child Restraint 
Installation Procedure, June 22, 2004.
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    Agency tests demonstrated that the proposed procedure results in a 
CRS installation representative of a real-world installation. The 
distance of a target on the side of the CRS to the LATCH anchor bars 
was measured to determine the positioning of the CRS after various 
installations. There was no statistical difference in the test results 
between the installations made by technicians using the test procedure 
and the real-world installations of the installers that had not used 
the procedure. When the loading device and test procedure were used by 
individual technicians, a similar level of positioning repeatability 
was achieved as by any single installer without the device and 
procedure.
    Each CRS was installed with the loading device according the 
proposed procedure two times in the GMC Sierra. The Britax Expressway 
was installed twice using the procedure in the Ford F150 and the Toyota 
Tacoma. The Cosco Forerunner and the Graco Snugride each were installed 
two times in the Toyota Tacoma. When installations of the same CRS 
model in the same vehicle were evaluated, the CRSs were installed 
comparably, and consistent air bag suppression status was achieved in 
all but one instance. The exception was the installation of the Britax 
Expressway in the GMC Sierra, which resulted in a suppressed air bag in 
one trial and a failed suppression in a second trial. This same 
phenomenon occurred with one of the certified installers not using the 
device. Thus, we believe that the difference in air bag suppression 
status was a reflection of the characteristics of the suppression 
system rather than that of the repeatability of the test procedure.
    As a result of testing we tentatively conclude that:
     Installing a CRS with the test device results in a CRS 
installation reflective of real-world installation by experienced CRS 
installers;
     Installing a CRS with the test device results in a 
repeatable installation independent of the installer; and
     Installing a CRS with the test device can result in a 
suppression system test failure representative of real-world use.

Test Procedure for Rigid LATCH CRS System

    Rigid LATCH CRS systems typically have a ratchet mechanism built 
into a rigid structure to obtain a tight/snug fit between the CRS and 
the vehicle seat. Because flexible webbing material is not used to 
attach the LATCH components, rigid LATCH CRSs limit the potential 
variability in installation. They also do not exhibit the tendency of 
flexible LATCH CRSs to load the vehicle seat cushion with a distinct 
downward force that some suppression systems have interpreted as being 
generated by an adult occupant. As such, a test matrix was not needed 
to develop an installation procedure for rigid LATCH CRS systems.
    In the proposed installation procedure for rigid LATCH CRSs, the 
rigid LATCH CRSs would be centered in a vehicle seat, as in the 
flexible LATCH CRS procedure. The lower anchor attachments would then 
be connected to the vehicle's anchor bars pursuant to the CRS 
manufacturer's instruction. The CRS would be moved rearward until it 
contacted the vehicle seat back. If the CRS were equipped with a linear 
sliding or ratcheting mechanism that requires the application of force 
to securely install the CRS, a force of 600 N would be applied to the 
CRS in a plane parallel to the plane formed by the linear mechanism. 
The load would then be removed and the suppression test performed.

III. Benefits and Costs

    The proposed amendment to FMVSS No. 208 would not establish new 
performance criteria but would instead provide a developed procedure 
for demonstrating compliance with existing requirements. This document 
proposes a specific procedure that we have tentatively determined to 
provide a repeatable and reproducible installation of LATCH-equipped 
CRSs.
    We do not require manufacturers to use the test device or the 
procedure. This NPRM proposes to specify how NHTSA would conduct that 
aspect of the suppression test that involves attaching the CRS to the 
vehicle's LATCH system. For manufacturers that wish to use the test 
procedure in testing their vehicles, the test device described in the 
proposed amendment would result in a negligible cost to vehicle 
manufacturers and testing laboratories. The agency constructed the 
device with load cells commonly relied upon in vehicle testing and less 
than fifty dollars worth of supplies.

IV. Effective Date of the Proposed Rule

    If made final, this rule would become effective 60 days following 
its publication. However, compliance testing based on these procedures 
would not apply to vehicles manufactured before September 1, 2006. 
Vehicles manufactured on or after September 1, 2006, are tested for 
compliance with the Advanced Air Bag Rule suppression requirements 
using LATCH-equipped CRSs installed using the LATCH configuration. See 
Appendix A, FMVSS No. 208. In such tests, the proposed procedure for 
attaching the CRS to the LATCH system would be used.

V. Request for 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 553.21). 
We established this limit to encourage you

[[Page 28881]]

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 Docket Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically. If you are 
submitting comments electronically as a PDF (Adobe) file, we ask that 
the documents submitted be scanned using Optical Character Recognition 
(OCR) process, thus allowing the agency to search and copy certain 
portions of your submissions.\6\
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    \6\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editble text.
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    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.

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 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 ``Simple 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-1998-1234,'' 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, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

VI. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budget impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is not considered to be 
significant under E.O. 12866 or the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979).
    This document proposes to amend 49 CFR 571.208 by incorporating a 
procedure for installing LATCH equipped CRSs in order to demonstrate 
compliance with the advanced air bag requirements. The equipment 
necessary for the procedure would cost vehicle manufacturers and 
testing laboratories less than $50 and would provide a repeatable and 
reproducible method for installing LATCH equipped CRSs in a manner 
representative of real world use.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., NHTSA has evaluated the effects of this proposed action on small 
entities. I hereby certify that this notice of proposed rulemaking 
would not have a significant impact on a substantial number of small 
entities.
    The following is the agency's statement providing the factual basis 
for the certification (5 U.S.C. 605(b)). If adopted, the proposal would 
directly affect motor vehicle manufacturers,

[[Page 28882]]

second stage or final stage manufacturers, and alterers.
    The majority of motor vehicle manufacturers would not qualify as a 
small business. These manufacturers, along with manufacturers that do 
qualify as a small business, are already required to comply with the 
advanced air bag requirements. This proposal would not establish new 
requirements, but instead provide specific procedures to demonstrate 
compliance with existing requirements.

C. Executive Order No. 13132

    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132, Federalism 
and has determined that this proposal does not have sufficient Federal 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement. The proposal 
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.

D. National Environmental Policy Act

    NHTSA has analyzed this proposal 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.

E. Paperwork Reduction Act

    Under the new procedures established by 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.

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' The agency searched for, but did not find any 
voluntary consensus standards that addressed the installation of LATCH-
equipped CRSs.

G. Civil Justice Reform

    This proposal 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 to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's 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 proceedings before 
parties may file suit in court.

H. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires 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 annually 
(adjusted for inflation with base year of 1995). This rulemaking would 
not result in expenditures by State, local or tribal governments, in 
the aggregate, or by the private sector in excess of $100 million 
annually.

I. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health, or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in E.O. 12866.

J. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any 
rule that: (1) Is determined to be economically significant as defined 
under E.O. 12866, and is likely to have a significantly adverse effect 
on the supply of, distribution of, or use of energy; or (2) that is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. If made final, this 
rulemaking would provide a compliance procedure for an existing motor 
vehicle safety requirement. Therefore this proposal was not analyzed 
under E.O. 13211.

K. Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

L. Regulation Identifier Number (RIN)

    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.

M. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, and Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Part 571 as set forth below.

[[Page 28883]]

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 would continue to read as 
follows:

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

    2. Section 571.208 would be amended by:
    a. Revising S20.2.1.1 through S20.2.1.5, S20.4.6, S22.2.1, 
S22.2.1.4, S22.2.1.5, S22.2.1.6 through S22.2.1.6.2, S22.2.1.7, 
S22.2.1.8, S24.2, S24.2.2, and the introductory text of Section C of 
Appendix A;
    b. Adding S20.2.1.6, S20.2.1.6.1, S20.2.1.6.2, S22.2.1.7.1 through 
S22.2.1.7.3, S22.2.1.8.1 through S22.2.1.8.4, Figures A1 and A2 at the 
end of Appendix A; and
    c. Removing S22.2.1.5.1, S22.2.1.5.2, S22.2.1.5.3, S22.2.1.6.3, 
S22.2.1.6.4, to read as follows:


Sec.  571.208  Standard No. 208; Occupant crash protection.

* * * * *
    S20.2.1.1 The vehicle shall comply in tests using any child 
restraint specified in section B and section C of Appendix A of this 
standard, installed in the front outboard passenger vehicle seat in the 
following orientations:
    (a) With the section B and section C child restraints facing 
rearward as appropriate; and
    (b) With the section C child restraints facing forward.
    S20.2.1.2 The vehicle shall comply with the child restraint 
attached to the vehicle in the following manner:
    (a) Using the vehicle safety belts as specified in S20.2.1.5; and
    (b) If the child restraint is certified to S5.9 of FMVSS No. 213, 
and the vehicle seat has an anchorage system as specified in FMVSS No. 
225, using only the mechanism provided by the child restraint 
manufacturer for attachment to the lower anchorages as specified in 
S20.2.1.6.
    S20.2.1.3 Locate a vertical plane through the longitudinal 
centerline of the child restraint. This will be referred to as ``Plane 
A.''
    S20.2.1.4 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of the front outboard passenger vehicle seat 
cushion. For bench seats, ``Plane B'' refers to a vertical plane 
through the front outboard passenger vehicle seat parallel to the 
vehicle longitudinal centerline the same distance from the longitudinal 
centerline of the vehicle as the center of the steering wheel.
    S20.2.1.5 Installation with vehicle safety belts.
    (a) Place any adjustable seat belt anchorages at the vehicle 
manufacturer's nominal design position for a 50th percentile adult male 
occupant.
    (b) Without attaching the child restraint anchorage system as 
specified in S5.9 of FMVSS No. 213 to a vehicle seat anchorage system 
specified in FMVSS No. 225, align the child restraint system facing 
rearward or forward, depending on the orientation being tested, such 
that Plane A is aligned with Plane B.
    (c) While maintaining the child restraint positions achieved in 
S20.2.1.5(b), secure the child restraint by following, to the extent 
possible, the child restraint manufacturer's directions regarding 
proper installation of the restraint for the orientation being tested. 
Cinch the vehicle belts to any tension from zero up to 134 N to secure 
the child restraint. Measure belt tension in a flat, straight section 
of the lap belt between the child restraint belt path and the contact 
point with the belt anchor or vehicle seat, on the side away from the 
buckle (to avoid interference from the shoulder portion of the belt).
    (d) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy 
in the child restraint by following, to the extent possible, the 
manufacturer's instructions provided with the child restraint for 
seating infants.
    (e) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
    S20.2.1.6 Installation using the lower anchor bars and the child 
restraint manufacturer provided attachment mechanism.
    S20.2.1.6.1 If the attachment mechanism provided by the 
manufacturer incorporates a strap(s), use the following procedure:
    (a) Place the child restraint on the vehicle seat facing rearward 
or forward, depending on the orientation being tested, with Plane A of 
the child restraint aligned within  10 mm with a 
longitudinal vertical plane passing though a point midway between the 
centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible according to the child restraint manufacturer's instructions.
    (c) Move the child restraint rearward until it contacts the seat 
back.
    (d) Connect the lower anchor straps of the restraint to the lower 
anchor bars of the seat and remove the slack, but do not apply any load 
using these straps.
    (e) Use the loading device equipped with the loading foot shown in 
Figure A1 and position it as shown in Figure A2 of Appendix A of this 
standard. The 15  3 degree angle of the loading device 
illustrated in Figure A2 is determined with an initial preload of 75 
 25N.
    (f) In 90  30 seconds, increase the preload to 875N 
 10N.
    (g) Observe the settling of the preload and tighten the lower 
anchor straps when the preload is 850  5N. Tighten the 
lower anchor straps at the same time such that the load is reduced 15 
 10N and the change occurs within 2 seconds.
    (h) Remove the loading device and position the 49 CFR part 572 
subpart R 12-month-old CRABI dummy in the child restraint by following, 
to the extent possible, the manufacturer's instructions provided with 
the child restraint for seating infants.
    (i) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
    S20.2.1.6.2 If the mechanism provided by the manufacturer does not 
incorporate a strap(s), use the following procedure:
    (a) Place the child restraint on the vehicle seat facing rearward 
or forward, depending on the orientation being tested, with Plane A of 
the child restraint aligned within  10 mm with a 
longitudinal vertical plane passing though a point midway between the 
centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Connect the lower anchor attachments to the lower anchor bars 
following, to the extent possible, the child restraint manufacturer's 
instructions.
    (e) Move the child restraint rearward until it contacts the seat 
back.
    (f) If the child restraint does not use a linear sliding or 
ratcheting mechanism that requires the application of force to securely 
install the child restraint, follow, to the extent possible, the CRS 
manufacturer's instructions for installing the child restraint onto the 
seat. Do not load the seat as provided in S20.2.1.6.2(g).
    (g) If the child restraint uses a linear sliding or ratcheting 
mechanism that requires the application of force to securely install 
the child restraint, in 25  5 seconds, apply a 600N force, 
that has no lateral component, in a plane located within +/- 100 mm and 
parallel with the plane formed by the linear mechanism. The force shall 
be in

[[Page 28884]]

the same direction as the motion of the mechanism. Release the force.
    (h) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy 
in the child restraint by following, to the extent possible, the 
manufacturer's instructions provided with the child restraint for 
seating infants.
    (i) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
* * * * *
    S20.4.6 If the child restraint is certified to S5.9 of 
Sec. 571.213, and the vehicle seat has an anchorage system as specified 
in Sec. 571.225, attach the child restraint to the vehicle seat 
anchorage as specified in S20.2.1.6. Do not attach the vehicle safety 
belt.
* * * * *
    22.2.1 Belted test with forward facing or booster seat child 
restraint.
* * * * *
    S22.2.1.4 The vehicle shall comply with the child restraint belted 
to the vehicle in the following manner:
    (a) Using the vehicle safety belts as specified in S22.2.1.5 with 
section C and section D child restraints of Appendix A of this standard 
designed to be secured to the vehicle seat even when empty; and
    (b) If the child restraint is certified to S5.9 of Sec. 571.213, 
and the vehicle seat has an anchorage system as specified in 
Sec. 571.225, using only the mechanism provide by the child restraint 
manufacturer for attachment to the lower anchorage as specified in 
S22.2.1.6.
    S22.2.1.5 Installation with vehicle safety belts.
    (a) Place any adjustable seat belt anchorages at the vehicle 
manufacturer's nominal design position for a 50th percentile adult male 
occupant.
    (b) Without attaching the child restraint anchorage system as 
specified in S5.9 of Sec. 571.213 to a vehicle seat anchorage system 
specified in Sec. 571.225, align the child restraint system facing 
forward, such that Plane A is aligned with Plane B.
    (c) While maintaining the child restraint positions achieved in 
S22.2.1.5(b), secure the child restraint by following, to the extent 
possible, the child restraint manufacturer's directions regarding 
proper installation of the restraint. Cinch the vehicle belts to any 
tension from zero up to 134 N to secure the child restraint. Measure 
belt tension in a flat, straight section of the lap belt between the 
child restraint belt path and the contact point with the belt anchor or 
vehicle seat, on the side away from the buckle (to avoid interference 
from the shoulder portion of the belt).
    S22.2.1.6 Installation using the lower anchor bars and the child 
restraint manufacturer provided attachment mechanism.
    S22.2.1.6.1 If the mechanism provided by the manufacturer 
incorporates a strap(s), use the following procedure.
    (a) Place the child restraint on the vehicle seat facing forward, 
with Plane A of the child restraint aligned within  10 mm 
with a longitudinal vertical plane passing though a point midway 
between the centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Move the child restraint rearward until it contacts the seat 
back.
    (d) Connect the lower anchor straps to the lower anchor bars and 
remove most of the slack, but do not apply any load using these straps.
    (e) Do not attach any tethers.
    (f) Use the loading device equipped with the loading foot shown in 
Figure A1 and position it as shown in Figure A2 of Appendix A of this 
standard. The 15  3 degree angle of the loading device is 
determined with an initial preload of 50 to 100 N.
    (g) In 90  30 seconds, increase the preload to 875N 
 10N.
    (h) Observe the settling of the preload and tighten the lower 
anchor straps when the preload is 850  5N. Tighten the 
lower anchor straps at the same time such that the load is reduced 15 
 10N and the change occurs within 2 seconds.
    (i) Remove the loading device.
    S22.2.1.6.2 If the mechanism provided by the manufacturer does not 
incorporate a strap(s), use the following procedure.
    (a) Place the child restraint on the vehicle seat facing forward 
with Plane A of the child restraint aligned within  10 mm 
with a longitudinal vertical plane passing though a point midway 
between the centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Connect the lower anchor attachments to the lower anchor bars 
following, to the extent possible, the child restraint manufacturer's 
instructions.
    (d) Move the child restraint rearward until it contacts the seat 
back.
    (e) Do not attach any tethers.
    (f) If the child restraint does not use a linear sliding or 
ratcheting mechanism that requires the application of force to securely 
install the child restraint, follow, to the extent possible, the 
manufacturer's instructions for installing the child restraint onto the 
seat. Do not load the seat as provided in S20.2.1.6.2(f).
    (g) If the child restraint uses a linear sliding or ratcheting 
mechanism that requires the application of force to securely install 
the child restraint, in 25  5 seconds, apply a 600N force, 
that has no lateral component, in a parallel plane located within 
100 mm of the plane formed by the linear mechanism. Release 
the force.
    S22.2.1.7 Forward facing child restraint.
    S22.2.1.7.1 After installation of a forward facing child restraint, 
position the 49 CFR part 572 subpart P 3-year-old child dummy in the 
child restraint such that the dummy's lower torso is centered on the 
child restraint and the dummy's spine is against the seat back of the 
child restraint. Place the arms at the dummy's sides.
    S22.2.1.7.2 Attach all belts that come with the child restraint 
that are appropriate for a child of the same height and weight as the 
3-year-old child dummy, if any, by following, to the extent possible, 
the manufacturer's instructions provided with the child restraint for 
seating children.
    S22.2.1.7.3 Start the vehicle engine or place the ignition in the 
``on'' position, whichever will turn on the suppression system, and 
close all vehicle doors. Wait 10 seconds, then check whether the air 
bag is deactivated.
    S22.2.1.8 Booster seat child restraint.
    S22.2.1.8.1 After installation of a booster seat child restraint, 
position the 49 CFR part 572 subpart P 3-year-old child dummy in the 
booster seat such that the dummy's lower torso is centered on the 
booster seat cushion and the dummy's back is parallel to and in contact 
with the booster seat back or, if there is no booster seat back, the 
vehicle seat back. Place the arms at the dummy's sides.
    S22.2.1.8.2 If applicable, attach all belts that come with the 
child restraint that are appropriate for a child of the same height and 
weight as the 3-year-old child dummy, if any, by following, to the 
extent possible, the manufacturer's instructions provided with the 
child restraint for seating children.
    S22.2.1.8.3 If applicable, place the Type 2 manual belt around the 
test dummy and fasten the latch. Remove all slack from the lap belt 
portion. Pull the upper torso webbing out of the retractor and allow it 
to retract; repeat this four

[[Page 28885]]

times. Apply a 9 to 18 N (2 to 4 lb) tension load to the lap belt. 
Allow the excess webbing in the upper torso belt to be retracted by the 
retractive force of the retractor.
    S22.2.1.8.4 Start the vehicle engine or place the ignition in the 
``on'' position, whichever will turn on the suppression system, and 
then close all vehicle doors. Wait 10 seconds, then check whether the 
air bag is deactivated.
* * * * *
    S24.2 Static tests of automatic suppression feature which shall 
result in deactivation of the passenger air bag. Each vehicle that is 
certified as complying with S23.2 of FMVSS No. 208 shall meet the 
following test requirements with the child restraint in the front 
outboard passenger vehicle seat under the following conditions:
    (a) Using the vehicle safety belts as specified in S22.2.1.5 with 
section D child restraints designed to be secured to the vehicle seat 
even when empty;
    (b) If the child restraint is certified to S5.9 of Sec. 571.213, 
and the vehicle seat has an anchorage system as specified in 
Sec. 571.225, using only the mechanism provide by the child restraint 
manufacturer for attachment to the lower anchorage as specified in 
S22.2.1.6; and
    (c) Without securing the child restraint with either the vehicle 
safety belts or any mechanism provided with a child restraint certified 
to S5.9 of Sec. 571.213.
* * * * *
    S24.2.2 Exceptions. The tests specified in the following paragraphs 
of S22.2 need not be conducted: S22.2.1.7, S22.2.2.3, S22.2.2.5, 
S22.2.2.6, S22.2.2.7, and S22.2.2.8.
* * * * *

Appendix A to Sec.  571.208

* * * * *
    C. Any of the following forward facing toddler and forward-facing 
convertible child restraint systems, manufactured on or after December 
1, 1999, may be used by the National Highway Traffic Safety 
Administration to test the suppression system of a vehicle that is 
manufactured on or after the effective date and prior to the 
termination date specified in the table below and that has been 
certified as being in compliance with 49 CFR 571.208 S19, or S21. 
(Note: Any child restraint listed in this subpart that is not 
recommended for use in a rear-facing position by its manufacturer is 
excluded from use in testing in a belted rear-facing configuration 
under S20.2.1.1(a)):
* * * * *
BILLING CODE 4910-59-P

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    Issued on May 10, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-9924 Filed 5-18-05; 8:45 am]
BILLING CODE 4910-59-C