[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