2024-22448. Federal Motor Vehicle Safety Standards; FMVSS No. 213, “Child Restraint Systems,” FMVSS No. 213a, “Child Restraint Systems-Side Impact Protection,” and FMVSS No. 213b, “Child Restraint Systems”-Response to Petitions for Reconsideration

Table 1—Rear Center Type 1 Seat Belt Availability in the Vehicle Fleet by Year

Year	Rear center lap belt share (%)
2022	15.0
2023	13.4
2024	11.8
2025	10.3
2026	9.0

In the side impact final rule, NHTSA noted that CRS testing with Type 1 seat belt attachment would end when 90 percent of the fleet consists of vehicles with Type 2 seat belts at all rear seating positions.^[19] The new estimates show that by the time FMVSS No. 213b becomes mandatory on December 5, 2026, the vehicle fleet would already have 91 percent of vehicles with Type 2 seat belts in all rear seating positions. Therefore, the agency is removing the requirements from FMVSS No. 213b to test CRSs (other than harnesses) with Type 1 seat belt installations. If a manufacturer chooses to comply early with FMVSS No. 213b for a CRS model, that CRS model would not have to be tested with Type 1 seat belt installation.^[20]

ii. Restoring Type 1 seat belt labeling requirements in FMVSS No. 213. In addition to granting JPMA's petition above, NHTSA has also decided to amend FMVSS No. 213's labeling requirements relating to Type 1 seat belts. Specifically, NHTSA is restoring paragraph S5.5.2(l)(2) to its prior version, before the frontal test upgrade final rule was issued.

Before the frontal test upgrade final rule, paragraph S5.5.2(l)(2) required that CRSs have an installation diagram attached to the CRS showing the CRS installed with a Type 1 seat belt. During the process of amending the regulatory text for FMVSS No. 213 as part of the frontal test upgrade final rule, the agency deleted this requirement, making it so paragraph S5.5.2(l)(2) simply read “[Reserved].” Because the agency has decided to amend the lap belt requirements in FMVSS No. 213b as part of this petition for reconsideration response, but has not applied that same amendment to FMVSS No. 213, CRSs certified to FMVSS No. 213 up until 2026 will still have to be certified with Type 1 belts. Accordingly, the agency feels it is necessary for CRSs certified to FMVSS No. 213 to have a label attached showing a diagram of the CRS installed with a Type 1 belt. For the reasons discussed above, the agency will be restoring this requirement in paragraph S5.5.2(l)(2) of FMVSS No. 213 as part of this final rule.

c. Unit Conversion Consistency

JPMA and Evenflo requested that FMVSS Nos. 213 and 213b have a consistent metric conversion number for standards that specify 40-pounds, as currently the standards specify 18 kg, 18.2 kg, and 18.4 kg in various places. JPMA and Evenflo encouraged a rounded 18 kg conversion even though it is not an exact conversion. Evenflo noted that the FMVSS No. 213 regulation has long used 18 kg as the equivalent to 40 pounds in labeling requirements. As an alternative, the petitioners suggested using a more exact conversion (rounding to a single decimal place) of 18.1 kg.

Agency Response: NHTSA has reviewed the regulatory text sections with inconsistent conversions from 40 pounds to kilograms. NHTSA agrees that having a single conversion throughout the three standards is preferable. Therefore, NHTSA is granting this petition and is amending the regulatory text of FMVSS No. 213 and FMVSS No. 213b to have an 18 kg value for the 40-pound conversion throughout the standards. As Evenflo pointed out, NHTSA has used this conversion in the current FMVSS No. 213 regulatory text. Accordingly, the agency agrees that amendments to FMVSS No. 213 and 213b should use the same conversion.

d. Remove Duplicative Language

Evenflo requested removing duplicative language. Evenflo noted that ( print page 81842) S5 of FMVSS No. 213b has duplicative language in different subparagraphs (S5(b)(2) ^[21] and S5(g)) ^[22] which creates ambiguity with respect to what is intended and particularly as to whether there is any substantive difference in the two provisions.

Evenflo also explained that given the discussion in Section XI(h) of the Preamble to the December 2023 Final Rule (88 FR 84514), Evenflo understands that the meaning of “up to 18 kilograms (40 pounds)” is substantively synonymous with “less than 18 Kilograms (40 pounds).

Agency Response: NHTSA is granting Evenflo's petition to remove duplicative language in S5(b)(2) and S5(g) by removing S5(g). NHTSA is also amending S5(b)(2) to provide clearer language. The statement in S5(b)(2) will be changed from wording describing the CRS recommend weight and height as “up to 18 kilograms (40 pounds)” and “up to 1100 millimeters (mm)” to “less than 18 kilograms (40 pounds)” and “less than 1100 millimeters (mm),” respectively.

e. Registration Card Guidelines

JPMA requested guidance on the new registration information for consumers. JPMA suggested guidance could be in a revised Laboratory Test Procedure or a separate, dedicated document. JPMA argued that this guidance should be provided soon due to the short time period prior to the compliance date for the registration requirements.

Agency Response: NHTSA is denying the petition to provide additional guidance on the registration card. The petitioners requested guidance on the new registration information for consumers. This request is for not a rulemaking action, and, therefore, is out of scope.

NHTSA notes that the regulatory text describes the information that must be provided in the registration card. NHTSA did not receive any comments from CRS manufacturers seeking more guidance on this content. The goal of the changes to the registration form was to provide flexibility to manufacturers in how they communicate with consumers to increase registration rates. NHTSA notes that the registration forms that comply with current requirements would also comply with the new requirements.

IV. Corrections to Regulatory Text

In the frontal test upgrade final rule (88 FR 84515) published on December 5, 2023, NHTSA inadvertently omitted important conditional language in the FMVSS No. 213b regulatory text. The omitted language creates an inconsistency within the standard, and several stakeholders have contacted NHTSA's compliance office about this issue. The agency is correcting the regulatory text as part of this final rule to alleviate potential confusion.

In the frontal test upgrade final rule, the agency inadvertently omitted conditional language from FMVSS No. 213b S5.5.2(g)(1)(ii).^[23] This paragraph and subsection were carried over from FMVSS No. 213. FMVSS No. 213 S5.5.2 specifies a labeling requirement for CRSs. Specifically, paragraph S5.5.2(g)(1)(ii) requires specific statements be present on the CRS explaining when and when not to secure the CRS with the vehicle's child restraint anchorage system. This section has several conditional requirements, including a requirement that a statement be present that the child restraint anchorage system should not be used in certain scenarios for CRSs manufactured from February 27, 2014, to February 26, 2015. The conditional language for this requirement—that the statement be present on CRSs manufactured in the time frame referenced above—appears in brackets in that paragraph of FMVSS No. 213.

In establishing FMVSS No. 213b as part of the frontal test upgrade, much of the language from FMVSS No. 213 was carried over to FMVSS No. 213b. The agency's intent was to carry over paragraph S5.5.2(g)(1)(ii) as drafted in FMVSS 213 to FMVSS No. 213b. That did not happen, as the parenthetical indicating that the final labeling requirement in S5.5.2(1)(ii) only applied to seats manufactured between February 27, 2014, and February 26, 2015, was not carried over. The result of that omission is that CRSs certified to FMVSS No. 213b now must include the statement instructing consumers when not to use the child restraint anchorage system, regardless of when the CRS was manufactured. This requirement creates inconsistency within the standard, as Tables S5.5.2(L)(3)(I)(B) and (C) provide different labeling requirements for the maximum weight limit for child restraint anchorage system use. For newly manufactured CRSs, these tables are what manufacturers should rely on in determining labeling requirements for weight thresholds for child restraint anchorage systems. However, because the conditional language was omitted from paragraph S5.5.2(g)(1)(ii), there are now two conflicting labeling requirements for newly produced CRSs.

This outcome is not what the agency intended, and the current language creates contradictory requirements within the standard. The agency believes that alleviating confusion with the standard will make it easier for manufacturers to comply with the standard. Additionally, this amendment will improve safety outcomes, as the current language would likely require that manufacturers have contradictory language printed on labels attached to CRSs. This conflicting language will only lead to confusion on the part of the consumer and may increase misuse rates. For the reasons listed above, NHTSA is amending FMVSS No. S5.5.2(g)(1)(ii) by removing the last requirement listed in FMVSS No. S5.5.2(g)(1)(ii). We believe this is the proper way to address the issue discussed above, as no CRSs certified to FMVSS No. 213b will have been manufactured between 2014 and 2015. Accordingly, there is no reason to have a labeling requirement in FMVSS No. 213b that applies only to seats produced during that time frame.

V. Costs and Benefits

The agency expects no safety benefits as a result of this final rule. However, it is worth noting that the agency believes addressing the inconsistency in current labeling requirements in FMVSS No. 213b will only result in positive safety outcomes. There will be a cost reduction from removing requirements to test CRS secured with Type 1 seat belts. The December 2023 final rule ( print page 81843) estimated a temporary annual testing cost with Type 1 seat belts for 3 years of $5,198,000. This final rule will eliminate the estimated Type 1 seat belt installation test cost in FMVSS No. 213b.

VI. Compliance Date and Effective Date

Because the amendments of this final rule responding to petitions for reconsideration are minor corrections, these amendments will be effective on November 8, 2024. The amendments will follow the compliance dates for the corresponding sections.

VII. Regulatory Analyses and Notices

Executive Order (E.O.) 12866, E.O. 14904, E.O. 13563 and DOT Regulatory Policies and Procedures

NHTSA has considered the potential impact of this final rule under E.O. 12866, E.O. 14094, E.O. 13563, DOT Order 2100.6A and the Department of Transportation's regulatory policies and procedures. This NPRM is not considered to be significant under the Department of Transportation's regulatory policies and procedures.^[24]

This final rule responds to petitions for reconsideration to the June 2022 final rule establishing FMVSS No. 213a and the December 2023 final rule establishing FMVSS No. 213b. This final rule makes several changes to FMVSS No. 213, FMVSS No. 213a and FMVSS No. 213b; specifically, the minor changes provide increased clarity on what the standard requires and bring increased uniformity across the three standards. An additional amendment eliminates the Type 1 belt testing requirement for FMVSS No. 213 through 2029; instead the agency will only be testing with a Type 2 belt starting in 2026. Accordingly, the agency updated the costs in preparation of this final rule. The agency estimates a savings of $5,198,000 compared to the final rule because manufacturers will not have to conduct tests with Type 1 belts from 2026 through 2029. More information can be found in the “Discussion of Benefits and Costs Associated with the Final Rule” section above.

The minimal impacts of this final rule did not warrant preparation of a regulatory evaluation.

Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish a notice of proposed rulemaking or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities ( i.e., small businesses, small organizations and small governmental jurisdictions), unless the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Agencies must also provide a statement of the factual basis for this certification.

I certify that this rule will not have a significant economic impact on a substantial number of small entities. NHTSA estimates there to be 38 manufacturers of child restraints, none of which are small businesses. Even if there were a small CRS manufacturer, the impacts of this rule will not be significant. The amendments made in this final rule are small, and if anything, the impact of the final rule will result in a net savings for a small business CRS manufacturer, due to the fact that it would not have to conduct testing with a Type 1 belt from 2026 through 2029 to ensure compliance with FMVSS No. 213.

Federalism

NHTSA has examined this final rule pursuant to E.O. 13132 (64 FR 43255, August 10, 1999) and concluded that no additional consultation with States, local governments or their representatives is mandated beyond the rulemaking process. The agency has concluded that the rulemaking would not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. This final rule would not have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

NHTSA rules can have preemptive effect in two ways. First, the National Traffic and Motor Vehicle Safety Act contains an express preemption provision stating that, if NHTSA has established a standard for an aspect of motor vehicle or motor vehicle equipment performance, a State may only prescribe or continue in effect a standard for that same aspect of performance if the State standard is identical to the Federal standard. 49 U.S.C. 30103(b)(1). It is this statutory command by Congress that preempts any non-identical State legislative and administrative law addressing the same aspect of performance.

The express preemption provision described above is subject to a savings clause under which “[c]ompliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law.” 49 U.S.C. 30103(e). Pursuant to this provision, State common law tort causes of action against motor vehicle manufacturers that might otherwise be preempted by the express preemption provision are generally preserved.

NHTSA rules can also preempt State law if complying with the FMVSS would render the motor vehicle manufacturers liable under State tort law. Because most NHTSA standards established by an FMVSS are minimum standards, a State common law tort cause of action that seeks to impose a higher standard on motor vehicle manufacturers will generally not be preempted. However, if and when such a conflict does exist—for example, when the standard at issue is both a minimum and a maximum standard—the State common law tort cause of action is impliedly preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).

Pursuant to E.O. 13132, NHTSA has considered whether this final rule could or should preempt State common law causes of action. The agency's ability to announce its conclusion regarding the preemptive effect of one of its rules reduces the likelihood that preemption will be an issue in any subsequent tort litigation. To this end, the agency has examined the nature ( e.g., the language and structure of the regulatory text) and objectives of this final rule and finds that this final rule, like many NHTSA rules, prescribes only a minimum safety standard. Accordingly, NHTSA does not intend that this final rule preempt state tort law that would effectively impose a higher standard on motor vehicle manufacturers than that established by this final rule. Establishment of a higher standard by means of State tort law would not conflict with the minimum standard finalized in this document. Without any conflict, there could not be any implied preemption of a State common law tort cause of action.

National Environmental Policy Act (NEPA)

NHTSA has analyzed this NPRM for the purposes of the NEPA. The agency has determined that implementation of this action would not have any significant impact on the quality of the human environment.

Paperwork Reduction Act (PRA)

Under the procedures established by the PRA of 1995 (44 U.S.C. 3501, et seq.), a Federal agency must request and receive approval from the Office of ( print page 81844) Management and Budget (OMB) before it collects certain information from the public and 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.

The final rule amending FMVSS No. 213 (88 FR 84514) included updates to NHTSA's CRS registration requirements, which constituted an information collection. Included in that final rule was a notice soliciting comment on the information collection associated with the updated CRS registration requirements (OMB Control Number: 2127-0576). No comments were received. NHTSA will submit the Information Collection Request to OMB for its review and approval of the revised collection of information.

This final rule amends the CRS registration requirements adopted in the frontal test upgrade final rule by pushing the compliance date back to June of 2025. The change in the compliance date does not impact the information collection burden outlined in the frontal test upgrade final rule and none of the other amendments in this final rule create “collections of information” as defined at 5 CFR 1320.3(c)).

Unfunded Mandates Reform Act (UMRA)

The UMBRA of 1995 requires Federal agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted annually for inflation, with base year of 1995). UMRA also requires an agency issuing an NPRM or final rule subject to the Act to select the “least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule.” This final rule would not result in a Federal mandate that will likely 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 annually for inflation, with base year of 1995).

E.O. 12778 (Civil Justice Reform)

When promulgating a regulation, agencies are required under E.O. 12988 to make every reasonable effort to ensure that the regulation, as appropriate: (1) specifies in clear language the preemptive effect; (2) specifies in clear language the effect on existing Federal law or regulation, including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) specifies in clear language the retroactive effect; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) explicitly or implicitly defines key terms; and (7) addresses other important issues affecting clarity and general draftsmanship of regulations.

Pursuant to this Order, NHTSA notes as follows. The preemptive effect of this final rule is discussed above. NHTSA notes further that there is no requirement that an individual submit a petition for reconsideration or pursue other administrative proceedings before they may file suit in court.

National Technology Transfer and Advancement Act (NTTAA)

Under the NTTAA of 1995 (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.” Voluntary consensus standards are technical standards ( e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the International Organization for Standardization and the Society of Automotive Engineers. The NTTAA directs this agency to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. There are no voluntary consensus standards developed by voluntary consensus standards bodies pertaining to this final rule.

Plain Language Requirement

E.O. 12866 requires 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?

NHTSA has considered these questions and attempted to use plain language in promulgating this final rule. Please inform the agency if you can suggest how NHTSA can improve its use of plain language.

Regulatory Identifier Number (RIN)

The DOT assigns a 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. The RIN contained in the heading at the beginning of this notice may be used to find this action in the Unified Agenda.

Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its decision-making process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.transportation.gov/​privacy. Anyone can 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).

List of Subjects in 49 CFR Part 571

• Imports
• Incorporation by Reference
• Motor vehicle safety
• Motor vehicles, and Tires

Regulatory Text

In consideration of the foregoing, NHTSA amends 49 CFR part 571 as set forth below.

PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.95.

2. Section 571.213 is amended by

a. In paragraph S4, revising the definition of “School bus child restraint system”; ( print page 81845)

b. In paragraph S5.1.1 revising the introductory text and paragraph (a);

c. Revising the headings of table 1 and table 2 to S5.1.3.1(a);

d. Revising paragraphs S5.2.4, S5.3.2.1, S5.5.2(f) introductory text, S5.5.2(f)(2), S5.5.2(g)(1)(i) and (ii),

e. Adding paragraph S5.5.2(l)(2);

f. Revising paragraphs S5.6.1.7(a) introductory text, S5.6.1.7(b), S5.6.1.11, S5.6.2.2(a) introductory text, S5.6.2.2(b), S5.8.1(a), S5.8.1.1 introductory text, S5.8.2(a) introductory text, and S5.8.2.1 introductory text.

The addition and revisions read as follows:

§ 571.213

Child restraint systems; Applicable unless a vehicle or child restraint system is certified to § 571.213b.

* * * * *

S4. Definitions

* * * * *

School bus child restraint system means an add-on child restraint system (including a harness) manufactured and sold only for use on school bus seats, that has a label conforming with S5.3.1(b). (This definition applies to child restraint systems manufactured on or after June 30, 2025.)

* * * * *

S5.1.1  Child restraint system integrity. When tested in accordance with S6.1, each child restraint system shall meet the requirements of paragraphs (a) through (c) of this section.

(a) Exhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than 6 mm or surfaces with protrusions greater than 9 mm above the immediate adjacent surrounding contactable surface of any structural element of the system.

* * * * *

Table 1 to S5.1.3.1(a)—Add-On Child Restraints that Can Be Used Forward-Facing Manufactured Before June 30, 2025

* * * * *

Table 2 to S5.1.3.1(a)—Add-On Child Restraints That Can Be Used Forward-Facing Manufactured After June 30, 2025

* * * * *

S5.2.4  Protrusion limitation. Any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to the requirements of S5.2.3 shall, with any padding or other flexible overlay material removed, have a height above any immediately adjacent restraint system surface of not more than 9 mm and no exposed edge with a radius of less than 6 mm.

* * * * *

S5.3.2.1 School bus child restraint systems manufactured on or after June 30, 2025, shall be capable of meeting the requirements of this standard when installed by seat back mount, or, seat back mount and seat pan mount.

* * * * *

S5.5.2 * * *

(f) For child restraint systems manufactured before June 30, 2025, paragraph (f)(1) of this section applies. For child restraint systems manufactured on or after June 30, 2025, paragraph (f)(2) of this section applies.

* * * * *

(2) For child restraint systems manufactured on or after June 30, 2025: Statements or a combination of statements and pictograms specifying the manufacturer's recommendations for the mass and height ranges (in English and metric units) of children who can safely occupy the system in each applicable mode (rear-facing, forward facing, booster), except manufacturers shall not recommend forward-facing use for child restraint systems with internal harnesses for children of masses less than 12 kg (26.5 lb), and shall not recommend booster seats for children of masses less than 18 kg (40 lb).

(g) * * *

(1) * * *

(i) As appropriate, the statements required by the following sections will be bulleted and placed after the statement required by 5.5.2(g)(1) in the following order: 5.5.2(k)(1), 5.5.2(h), 5.5.2(j), and 5.5.2(i). For child restraint systems manufactured on or after June 30, 2025, the statements required by 5.5.2(f) and 5.5.2(k)(2) need not be included.

(ii) Secure this child restraint with the vehicle's child restraint anchorage system, if available, or with a vehicle belt. [For car beds, harnesses, and belt positioning seats, the first part of the statement regarding attachment by the child restraint anchorage system is optional.] [For belt-positioning seats, the second part of the statement regarding attachment by the vehicle belt does not apply.]

* * * * *

S5.5.2 * * *

(l) * * *

(2) A seating position equipped with only a lap belt, as specified in the manufacturer's instructions; and

* * * * *

S5.6.1.7. (a) For child restraint systems manufactured before June 30, 2025, one of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a website on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in paragraph S5.6.1.7(a)(2):

* * * * *

(b) For child restraint systems manufactured on or after June 30, 2025, the child restraint system shall include statements informing the owner of the importance of registering the child restraint for recall purposes and instructing the owner how to register the child restraint at least by mail and by telephone, providing a U.S. telephone number. The following statement must also be provided: “For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to www.NHTSA.gov.”

* * * * *

S5.6.1.11 (a) For harnesses that are manufactured before June 30, 2025, for use on school bus seats, the instructions must include the following statement: “WARNING! This restraint must only be used on school bus seats. Entire seat directly behind must be unoccupied or have restrained occupants.” The labeling requirement refers to a restrained occupant as: an occupant restrained by any user appropriate vehicle restraint or child restraint system ( e.g., lap belt, lap and shoulder belt, booster, child seat, harness . . .).

(b) For school bus child restraint systems manufactured on or after June 30, 2025, the instructions must include the following statement: “WARNING! This restraint must only be used on school bus seats. Entire seat directly behind must be unoccupied or have restrained occupants.” (The instruction's reference to a “restrained occupant” refers to an occupant restrained by any user-appropriate vehicle restraint or child restraint system ( e.g., lap belt, lap and shoulder belt, booster seat or other child restraint system.)

* * * * *

S5.6.2.2. (a) For child restraint systems manufactured before June 30, 2025, the instructions for each built in child restraint system other than a factory-installed restraint, shall include one of the following statements, inserting an address and a U.S. telephone number. If a manufacturer opts to provide a website on the registration card as permitted in Figure 9a of this section, the manufacturer must include the statement in S5.6.2.2(a)(2):

* * * * *

( print page 81846)

(b) For child restraint systems manufactured on or after June 30, 2025, the instructions for each built-in child restraint system other than a factory-installed restraint shall include statements informing the owner of the importance of registering the child restraint for recall purposes and instructing the owner how to register the child restraint at least by mail and by telephone, providing a U.S. telephone number. The following statement must also be provided: “For recall information, call the U.S. Government's Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153), or go to www.NHTSA.gov.”

* * * * *

S5.8.1  Attached registration form. (a) For child restraint systems manufactured before June 30, 2025, each child restraint system, except a factory-installed built-in restraint system, shall have a registration form attached to any surface of the restraint that contacts the dummy when the dummy is positioned in the system in accordance with S6.1.2 of Standard 213.

* * * * *

S5.8.1.1  Upgraded attached registration form. For child restraint systems manufactured on or after June 30, 2025, each child restraint system, except a factory-installed built-in restraint system, shall have a registration form attached to any surface of the restraint that contacts the dummy when the dummy is positioned in the system in accordance with S6.1.2 of Standard 213. The form shall not have advertising or any information other than that related to registering the child restraint system.

* * * * *

S5.8.2 * * *

(a) Each electronic registration form provided for child restraint systems manufactured before June 30, 2025, shall:

* * * * *

S5.8.2.1 Upgraded electronic registration form (a) Each electronic registration form provided for child restraint systems manufactured on or after June 30, 2025, shall:

* * * * *

3. Section 571.213a is amended by revising paragraphs S6.1.1(a)(1), S9.2(d), and S9.3(d) to read as follows:

§ 571.213a

Standard No. 213a; Child restraint systems—side impact protection.

* * * * *

S6.1.1 * * *

(a) * * *

(1) The test device is a SISA consisting of a sliding seat, with one seating position, and a simulated door assembly as described in “NHTSA Standard Seat Assembly; FMVSS No. 213a—Side impact No. NHTSA-213a-2021” (incorporated by reference, see § 571.5). The simulated door assembly is rigidly attached to the floor of the SISA and the sliding seat is mounted on rails to allow it to move relative to the floor of the SISA in the direction perpendicular to the SORL. The SISA is mounted on a dynamic test platform so that the SORL of the seat is 10 ±1 degrees from the perpendicular direction of the test platform travel.

* * * * *

S9.2 * * *

(d) After the steps specified in paragraph (c) of this section, rotate each of the dummy's legs downwards in the plane parallel to the dummy's midsagittal plane until the limb contacts a surface of the child restraint or the SISA. Rotate each of the dummy's arms downwards in the plane parallel to the dummy's midsagittal plane until the arm is engaged on the detent that positions the arm at a 25-degree angle with respect to the thorax. For child restraint systems with a fixed or movable surface that does not allow the dummy's arm to be positioned at a 25-degree angle, rotate each dummy arm downwards in the plane parallel to the dummy's midsagittal plane until the arm contacts a surface of the child restraint system or the standard seat assembly.

S9.3 * * *

(d) After the steps specified in paragraph (c) of this section, rotate each dummy arm downwards in the plane parallel to the dummy's midsagittal plane until the limb is positioned at a 25-degree angle with respect to the thorax. For child restraint systems with a fixed or movable surface that does not allow the dummy's arm to be positioned at a 25-degree angle, rotate each dummy arm downwards in the plane parallel to the dummy's midsagittal plane until the arm contacts a surface of the child restraint system or the standard seat assembly.

* * * * *

4. Section 571.213b is amended by

a. Revising paragraph S5(b)(2);

b. Removing paragraph S5(g);

c. Revising paragraphs S5.1.1 introductory text, S5.1.1.(a), table 2 in paragraph S5.1.3.1(a), S5.2.4, table 4 in paragraph S5.3.2, S5.5.2(f), S5.5.2(g)(1)(ii), S5.5.5(f), and S7.1.2(d) and (e).

The revisions read as follows:

§ 571.213b

Standard No. 213b; Child restraint systems; Mandatory applicability beginning December 5, 2026.

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S5 * * *

(b) * * *

(2) Each add-on child restraint system manufactured for use in motor vehicles, that is recommended for children in a weight range that includes weights less than 18 kilograms (40 pounds) regardless of height, or for children in a height range that includes heights less than 1100 millimeters (mm) regardless of weight, shall meet the requirements in this standard and the applicable side impact protection requirements in Standard No. 213a (§ 571.213a).

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S5.1 * * *

S5.1.1  Child restraint system integrity. When tested in accordance with S6.1, each child restraint system shall meet the requirements of paragraphs (a) through (c) of this section.

(a) Exhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than 6 mm or surfaces with protrusions greater than 9 mm above the immediate adjacent surrounding contactable surface of any structural element of the system.

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S5.1.3.1 * * *

(a) * * *

Table 2 to S5.1.3.1 (a) —Add-On Child Restraints That Can Be Used Forward-Facing

When this type of child restraint system	Is tested in accordance with—	These excursion limits apply	Explanatory note: in the test specified in 2nd column, the excursion requirement must be met when the child restraint system is attached to the test seat assembly in the manner described below, subject to certain conditions
All harnesses	S6.1.2(a)(1)(i)(A)	Head 813 mm; Knee 915 mm	Attached with lap belt; in addition, if a tether is provided, it is attached.
( print page 81847)
Restraints designed for use by children with physical disabilities	S6.1.2(a)(1)(i)(A)	Head 813 mm; Knee 915 mm	Attached with lap and shoulder belt; in addition, if a tether is provided, it is attached.
School bus child restraint systems	S6.1.2(a)(1)(i)(A)	Head 813 mm; Knee 915 mm	Attached with seat back mount, or seat back and seat pan mounts.
Booster seats	S6.1.2(a)(1)(ii)	Head 813 mm; Knee 915 mm	Attached with lap and shoulder belt; no tether is attached.
Child restraint systems other than harnesses, restraints designed for use by children with physical disabilities, school bus child restraint systems, and booster seats	S6.1.2(a)(1)(i)(B)	Head 813 mm; Knee 915 mm	Attached with a lap and shoulder belt; without a tether attached. Attached to lower anchorages of child restraint anchorage system; without a tether attached.
Child restraint systems other than harnesses, restraints designed for use by children with physical disabilities, school bus child restraint systems	S6.1.2(a)(1)(i)(A), S6.1.2(a)(1)(i)(C)	Head 720 mm; Knee 915 mm	Attached with a lap and shoulder belt, with a tether attached. Attached to lower anchorages of child restraint anchorage system, with a tether attached.
Child restraint systems equipped with a fixed or movable surface described in S5.2.2.2 that has belts that are not an integral part of that fixed or movable surface	S6.1.2(a)(2)	Head 813 mm; Knee 915 mm	Attached with lap and shoulder belt or lower anchorages of child restraint anchorage system; no tether is attached.

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S5.2.4  Protrusion limitation. Any portion of a rigid structural component within or underlying a contactable surface, or any portion of a child restraint system surface that is subject to the requirements of S5.2.3 shall, with any padding or other flexible overlay material removed, have a height above any immediately adjacent restraint system surface of not more than 9 mm and no exposed edge with a radius of less than 6 mm.

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S5.3.2 * * *

Table 4 for S5.3.2 Means of Installation for Child Restraint Systems

Type of add-on child restraint system	Type 1 seat belt assembly plus a tether anchorage, if needed	Type 2 seat belt assembly plus a tether anchorage, if needed	Type 2 seat belt assembly	Lower anchorages of the child restraint anchorage system plus a tether, if needed	Lower anchorages of the child restraint anchorage system	Seat back mount, or, seat back mount, and, seat pan mount
School bus child restraint systems						X
Harnesses	X
Car beds			X
Rear-facing restraints			X		X
Booster seats			X
All other child restraint systems		X	X	X	X