94-3252. Federal Motor Vehicle Safety Standards; Child Restraint Systems  

  • [Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-3252]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 16, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 74-09; Notice 34]
    RIN 2127-AE80
    
     
    
    Federal Motor Vehicle Safety Standards; Child Restraint Systems
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation.
    
    ACTION: Final rule.
    
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    SUMMARY: This document amends labeling and other requirements of 
    Federal Motor Vehicle Safety Standard No. 213, ``Child Restraint 
    Systems,'' for rear-facing infant restraint systems. It requires that 
    warning labels for these systems include a warning against using the 
    restraint in any vehicle seating position equipped with an air bag. It 
    also requires that printed instructions for rear-facing restraints 
    include safety information about air bags.
    
    DATES: This rule is effective on August 15, 1994. Petitions for 
    reconsideration of the rule must be received by March 18, 1994.
    
    ADDRESSES: Petitions for reconsideration should refer to the docket and 
    number of this document and be submitted to: Administrator, room 5220, 
    National Highway Traffic Safety Administration, 400 Seventh Street SW., 
    Washington, DC 20590.
    
    FOR FURTHER INFORMATION CONTACT: Dr. George Mouchahoir, Office of 
    Vehicle Safety Standards, National Highway Traffic safety 
    Administration, 400 Seventh St. SW., Washington, DC 20590 (telephone 
    202-366-4919).
    
    SUPPLEMENTARY INFORMATION: This document amends labeling and other 
    requirements of Federal Motor Vehicle Safety Standard No. 213, ``Child 
    Restraint Systems,'' for rear-facing infant restraint systems. The 
    amendments made by this document were proposed in a notice of proposed 
    rulemaking (NPRM) published on April 16, 1993 (58 FR 19792). Rear-
    facing restraints are currently required by Standard 213 to be labeled 
    with warnings and other information about their proper use (S5.5.1 and 
    S5.52). This rule requires that the warning label for rear-facing 
    restraints include a warning against using the restraint in any vehicle 
    seating position equipped with an air bag. This document also requires 
    that printed instructions for these seats include safety information 
    about air bags.
        ``Rear-facing infant restraint system,'' as used in this document, 
    refers to an infant restraint system (except a car bed) which is 
    positioned in a vehicle so that the restrained infant faces the rear of 
    the vehicle. In a frontal crash, the crash forces are spread evenly 
    across the infant's back and shoulders, the strongest part of an 
    infant's body.
        When the rear-facing infant restraint is placed on a vehicle seat, 
    the restraint's seat back projects forward, far in front of the vehicle 
    seat back. If the vehicle seating position is a front passenger one 
    equipped with an air bag, the forward-projecting seat back of the 
    infant restraint may rest on or be located close to the part of the 
    vehicle instrument panel containing the air bag.
        Placing a rear-facing restraint on such a vehicle seat raises a 
    safety concern of the interaction between those restraints and air 
    bags. An air bag must inflate quickly to create a protective cushion 
    that protects occupants during frontal crashes. The quickly deploying 
    air bag might injure an infant when it strikes the seat back of a rear-
    facing infant restraint.
        In the Fall of 1991, the agency evaluated air bag/infant restraint 
    interactions by conducting 30 mph dynamic sled tests with top and mid-
    mounted air bags. (The data from these tests are available in Docket 
    No. 74-09, General Reference.) NHTSA's findings from these tests 
    indicate that air bags generally produce substantial increases in the 
    values for the head injury criterion (HIC) and chest acceleration of 
    dummies seated in rear-facing restraints, compared to the values for 
    dummies in rear-facing restraints tested with no air bag.
        To reduce the likelihood that an infant restraint would be placed 
    in a vehicle seating position that has an air bag, the agency is 
    requiring each infant restraint to be labeled with a warning against 
    such use. The warning must state either:
        Warning: When your baby's size requires that this restraint be used 
    so that your baby faces the rear of the vehicle, place the restraint in 
    a vehicle seat that does not have an air bag.
    
    or
    
        Warning: Place this restraint in a vehicle seat that does not have 
    an air bag.
    
    The former warning is used for convertible infant seats, i.e., seats 
    that can use rear-facing for infants and forward-facing for older 
    children. The latter is for seats that can be used only rear-facing for 
    infants.
        The warning must be labeled on a red, orange or yellow background 
    and be visible to a person installing the restraint.
        NHTSA is also requiring that infant restraint manufacturers provide 
    information on the air bag/infant restraint interaction issue in their 
    printed instructions accompanying the infant restraint. The 
    manufacturers must provide a warning against using rear-facing 
    restraints in seating positions equipped with air bags, and explain the 
    reasons for, and consequences of, not following the warning.
        NHTSA has already required vehicle manufacturers to provide 
    warnings and information about the interaction of air bags and rear-
    facing infant restraints. This information must be placed on the sun 
    visors in vehicles with air bags and provided in the vehicle owner's 
    manual. (This requirement is included in the rule implementing the 
    provision in the Intermodal Surface Transportation Efficiency Act 
    requiring the agency to mandate air bags at all front outboard seating 
    positions in passenger cars, and in light trucks and multipurpose 
    vehicles. 58 FR 46551, September 1, 1993.) Today's rule supplements 
    that requirement to increase the likelihood that parents will be made 
    aware of the possible effect of a deploying air bag on an infant 
    restraint. Further, when the vehicle itself is labeled, parents will be 
    provided the safety information even if the infant restraint they are 
    using lacks the label required by today's final rule (which could 
    happen if the infant restraint were manufactured before the effective 
    date of today's rule).
        The requirements adopted in today's document are substantially 
    similar to those NHTSA proposed in the April 1993 NPRM. The text 
    proposed in the notice for convertible seats (which are designed for 
    use by both an infant and toddler) and infant restraints read, 
    respectively:
        Warning: When this restraint is used in a rear-facing mode, do not 
    place in the front seat of a vehicle that has a passenger side air bag.
    
    and,
    
        Warning: Do not use this infant restraint in the front seat of a 
    vehicle that has a passenger side air bag.
    
        With the goal of having the warning be conspicuous, NHTSA proposed 
    that the message be on a yellow background, and be visible when the 
    restraint is installed rear-facing in the vehicle. The agency requested 
    comments on whether the message should be required to be visible to a 
    person in the driver's seat when the restraint is so installed.
        The agency received 16 comments on the NPRM. Commenters included 
    child seat manufacturers (Century, Fisher Price, Cosco), vehicle 
    manufacturers (Volkswagen, Ford), state safety agencies (Michigan, New 
    York), the National Transportation Safety Board (NTSB), the American 
    Academy of Pediatrics, consumer groups (SafetyBeltSafe, Advocates for 
    Highway and Auto Safety), business groups (Insurance Institute for 
    Highway Safety, National Automobile Dealers Association), and private 
    individuals. All the commenters generally supported the NPRM; several 
    had suggested changes.
        Most of the comments related to issues about the wording of the 
    label. Comments were also received on the label's conspicuity, and on 
    the proposal that child seat manufacturers provide information about 
    air bags in the consumer instructions accompanying each restraint. In 
    addition, some commenters were concerned about the possible effect of 
    the labeling and informational requirements on the possible development 
    of infant restraints that can be safely used in an air bag-equipped 
    vehicle seating position.
    
    Wording of the Label
    
        Commenters addressed various issues about the wording of the 
    warning label.
        One issue is whether specific wording should be mandated. The 
    proposed regulatory text contained the exact wording of the label. Like 
    the other safety warnings required by Standard 213, the air bag/infant 
    restraint warning would have to be printed word for word as set forth 
    in the standard. Advocates for Highway and Auto Safety (Advocates) 
    believed the exact wording should be specified. ``It would not be 
    appropriate to leave the wording of a safety warning label, which must 
    be concise, clear, accurate, and uniform, to manufacturer discretion.'' 
    Commenters such as the American Academy of Pediatrics (AAP), Jerome 
    Koziatek and Robert Potter, Jr. conferred that the wording should be 
    mandated, and suggested changes to the wording to improve it. Ford 
    opposed mandating the wording, believing that the prescribed wording 
    may limit the flexibility of manufacturers, especially if it became 
    possible for a child seat manufacturer to recommend use of an infant 
    restraint in an air bag-equipped seating position under certain 
    circumstances. (This issue of the future development of infant 
    restraints is further discussed below.) Ford stated that the wording 
    currently specified in Standard 213 ``can be altered as needed.''
        The specific wording of the safety warnings currently required by 
    Standard 213 to be marked on a child seat is mandated. Notwithstanding 
    Ford, all other commenters appeared to understand that the wording of 
    the air bag warning must appear on the restraint as stated in the 
    standard. It is for that reason that comments were requested and 
    submitted on the efficacy and appropriateness of the wording. NHTSA has 
    decided to mandate the wording of the new air bag warning for the 
    reasons explained in the NPRM. Those reasons are consistent with 
    Advocates' view, quoted above, that the wording must be carefully 
    crafted so as to reduce as much as possible the possibility that the 
    warning is misunderstood. As explained in the NPRM:
    
    
        [T]he message should be brief, alerting consumers to and 
    reminding them about a safety concern without causing ``information 
    overload.'' The message also should not inadvertently induce the 
    consumer to misuse a restraint, such as might happen if the message 
    were so loosely worded that consumers might conclude they could 
    avoid the problem by simply turning the restraint around so that the 
    child is forward-facing when the restraint is used in an air bag 
    equipped seating position. The message also should be conspicuous.
    
    
    58 FR at 19793.
        To further clarify Standard 213's labeling requirements for Ford, 
    NHTSA notes that the safety warnings required by the standard may not 
    be ``altered as needed'' by a manufacturer. If a manufacturer believes 
    the wording should be altered, it must submit a petition for rulemaking 
    to change the requirements in Standard 213.
        Cosco expressed concern that Standard 213 already requires too many 
    warnings, and that another warning would compound the complexity and 
    confusion of the labeling. That child seat manufacturer is concerned 
    that consumers may not pay attention to or understand the warnings 
    because there are simply too many warnings. Cosco suggested that NHTSA 
    review the labeling required by the standard and possibly condense some 
    of the required information. Fisher-Price also suggested that NHTSA 
    undertake a ``complete reconsideration'' of Standard 213's labeling 
    requirements, ``to assure that on-seat markings are not rendered 
    ineffectual because of the excess of required information.''
        NHTSA agrees that a significant amount of information is required 
    to be labeled on an infant restraint, and is willing to consider, in a 
    future rulemaking, suggestions for ways in which the information could 
    be edited or condensed. The agency believes that the air bag warning is 
    needed now notwithstanding that it will be another item of information 
    that competes for the attention of the consumer. However, the agency 
    will review Standard 213's labeling requirements as Cosco and Fisher-
    Price suggested.
        Commenters were divided on whether the proposed wording was 
    sufficiently clear. SafetyBeltSafe and the IIHS believed the statements 
    were clear; however, some other commenters believed the clarity of the 
    wording could be improved. The AAP believed that, in response to the 
    proposed wording for convertible seats, some consumers might mistakenly 
    turn the restraint so that the infant is forward-facing in an air bag 
    position. AAP suggested that the warning should be clearer that an 
    infant restraint must be used rear-facing, regardless of the presence 
    of an air bag. To accomplish this, AAP suggested that the warning 
    include the statement, ``When your baby's size requires that this 
    restraint be used in a rear-facing position * * *'' as a condition 
    precedent for the warning not to use the restraint in an air-bag 
    equipped seating position. NHTSA agrees the wording should refer to the 
    baby's size and has made appropriate changes.
        Some commenters objected to certain words in the proposed warning. 
    AAP suggested the word ``position'' should be used instead of ``mode'' 
    in the term ``rear-facing mode,'' since the former word is more 
    commonly recognized than the latter. Cosco said that adding ``mode'' 
    following ``rear-facing'' is unnecessary. NHTSA has removed ``mode'' 
    from the wording. Cosco also suggested the references to ``front seat'' 
    or ``passenger side'' in ``passenger side air bag'' are unnecessary, 
    since they do not add any relevant information. The agency agrees. Mr. 
    Koziatek suggested the label should direct the consumer to ``secure'' 
    the restraint instead of ``place'' it on the vehicle seat, to increase 
    the likelihood that the restraint will be fastened to the seat. NHTSA 
    declines to make the change, because ``secure'' might distract a 
    consumer from the purpose of the air bag warning.
        Some comments suggested adding more text to the warning label. Mr. 
    Koziatek recommended that the label include a statement directing the 
    consumer to check the vehicle owner's manual for information about 
    where the infant restraint should be placed in the vehicle. The 
    statement is not needed on the label. Child seat labels already must 
    refer consumers to the printed instructions for information on securing 
    the child seat to the vehicle (S5.5.2(g)). Also, NHTSA is requiring the 
    printed instructions for child seats to include a statement that owners 
    of vehicles with passenger side air bags should refer to their vehicle 
    owner's manual for child seat installation instructions. Moreover, 
    NHTSA's September 1993 rule mandating air bags in passenger vehicles 
    will require the sun visor on vehicles with passenger side air bags to 
    be labeled with a statement referring the consumer to the vehicle 
    owner's manual for information about the warning not to use a rear-
    facing infant restraint in a vehicle seating position equipped with an 
    air bag. Placing the same information on the child seat would be 
    redundant, and would further crowd the child seat label.
        Other suggestions were made for adding additional text to the 
    warning label. Mr. Potter believed a statement describing the possible 
    consequences of not following the warning is needed, such as by 
    referring to the possibility of ``serious injury or death.'' NHTSA 
    disagrees, since this rule already requires the use instructions to 
    contain information on the consequences of not following the warning. 
    SafetyBeltSafe suggested that the label should include a warning in 
    Spanish. NHTSA is not requiring the bilingual labeling for the reasons 
    discussed at 55 FR 48262 (denial of Mattox petition to require Spanish 
    installation instructions, November 20, 1990). Thus, the standard 
    requires manufacturers to supply the information in English. However, 
    once this requirement is met, manufacturers may supply the same 
    information in other languages, so long as the presence or location of 
    the translation does not confuse consumers.
        Several commenters responded to the agency's request for comments 
    on the merits of requiring a symbol (or graphic) warning about using 
    rear-facing restraints with an air bag. New York's Department of Motor 
    Vehicles supported the use of a symbol because ``a symbol would assist 
    adults who are reading disabled or who speak a foreign language.'' The 
    AAP believed it would be desirable to have a symbol of a child 
    restraint on the vehicle dashboard, ``if a non-confusing symbol can be 
    designed.'' Century commented that a symbol can increase the 
    effectiveness of the warning label ``as long as it adequately 
    identifies and warns of the hazard.'' Cosco expressed reservations 
    about requiring a symbol. That commenter believed a symbol would draw 
    an excessive amount of attention to the issue of the air bag's possible 
    effect on a rear-facing restraint ``over others that may be as bad or 
    worse,'' such as, Cosco believes, the incompatibility of vehicle belts 
    with certain child seats. Cosco also stated that the effectiveness of a 
    symbol depends on the ability of the consumer to recognize it. ``If 
    NHTSA requires such a symbol, it should be prepared to publicize it.''
        The agency has decided not to require use of a symbol. Had it been 
    required, the symbol would have been in addition to the words. NHTSA 
    believes that the words will draw sufficient attention to the label, 
    especially since the warning will be subject to the conspicuity 
    requirements discussed in the next section. In response to New York's 
    comment that a symbol would assist adults who are reading disabled or 
    who speak a foreign language, the agency is concerned that there is no 
    universally recognized symbol for effectively communicating the warning 
    at this time. The lack of such familiarity with a symbol would reduce 
    the symbol's effectiveness and could cause confusion.
    
    Conspicuity of the Label
    
        The conspicuity of the label is ensured by requirements concerning 
    its location, color and font style.
        The aspect of promoting the conspicuity of the label that 
    engendered the most comments was the location of the warning label, 
    i.e., whether the message should be required to be visible to a person 
    in the driver's seat if the restraint were installed rear-facing in the 
    front outboard passenger seating position. Seven commenters responded 
    to this issue. The IIHS concurred that the label should be visible to 
    the driver. Century, Advocates, SafetyBeltSafe, Fisher-Price, and the 
    AAP objected to the driver's side approach. These commenters believed 
    locating the label so that it is visible to the driver reduces the 
    effectiveness of the warning, since the warning would be readable only 
    when the restraint is improperly installed. The commenters believed a 
    driver noticing the label on an improperly installed restraint would be 
    unlikely to take the time to exit the vehicle and move the restraint to 
    the rear seat of the vehicle. Mr. Potter suggested the label should be 
    placed on the shoulder harness/webbing of the restraint.
        NHTSA agrees that the warning should be visible to the installer 
    while the restraint is being installed. The agency thinks that there is 
    merit in the commenters' belief that a driver who noticed the warning 
    could be reluctant to stop the vehicle to move a rear-facing infant 
    restraint to the vehicle's rear seat after the infant restraint is 
    installed. Further, the driver would already have been provided a 
    warning as a result of the September 1993 rule mandating air bags in 
    passenger vehicles. The rule requires the driver's side sun visor on 
    vehicles with passenger side air bags to be labeled with a warning 
    against using rear-facing child restraints with the passenger side air 
    bag. Accordingly, NHTSA is requiring that the warning on the child 
    restraint be visible to a person who is standing adjacent to the front 
    outboard passenger seat of a vehicle and installing the rear-facing 
    infant restraint system in that seat.
        The requirement concerning the color of the contrasting background 
    for the warning has been changed from the proposal in response to a 
    comment from Ford. Ford suggested that red and orange be permitted in 
    addition to yellow. NHTSA is permitting those similarly bright and 
    attention-attracting colors. Ford also suggested that the color be 
    required only for the word ``WARNING'' at the beginning of the required 
    statement, instead of the entire statement. NHTSA is requiring the 
    entire statement to be printed against the color contrasting background 
    to maximize the conspicuity of the warning.
        Volkswagen objected to the requirement that the letters be 
    capitalized, stating that manufacturers should be allowed to decide on 
    the print format. NHTSA disagrees. Standard 213 requires important 
    safety messages on the proper use of child restraints to be 
    capitalized. These include a warning that the consequences of failing 
    to follow the manufacturer's use instructions can result in the child 
    striking the vehicle's interior in a crash (S5.5.2(g)), and directions 
    on snugly adjusting the child restraint belts around the child 
    (S5.5.2(h)) and on placing an infant restraint so that it is rear-
    facing (S5.5.2(k)). The air bag warning is as important as these 
    messages. Requiring the information to be capitalized is consistent 
    with the present labeling requirement of S5.5.2 to capitalize such 
    information, and increases the likelihood that the consumer will notice 
    and read the information. However, NHTSA will revisit this issue when 
    it reviews all labeling requirements.
    
    Printed Instructions
    
        This rule amends S5.6.1 to add a requirement that the printed 
    instructions for rear-facing infant restraints must provide a warning 
    against using rear-facing restraints at seating positions equipped with 
    air bags and must explain the reasons for the warning and consequences 
    of not following it. NHTSA is also requiring that the instructions 
    include a statement that owners of vehicles with front passenger side 
    air bags should refer to their vehicle owner's manual for child seat 
    installation instructions. The agency adopted the latter requirement in 
    response to a suggestion from Volkswagen. Effective March 1994, the 
    owner's manual of each vehicle having a front passenger side air bag 
    must include information on the proper positioning of occupants, 
    including children, at seating positions equipped with an air bag. The 
    information must include any necessary precautions that should be 
    heeded for the safety of those occupants. The requirement adopted today 
    for infant restraint instructions complements the requirement for the 
    vehicle owner's manual.
    
    Effect on Future Designs
    
        The agency believes that the label and information requirements 
    adopted today will be effective in warning consumers against using a 
    rear-facing infant restraint in a vehicle seating position equipped 
    with an air bag. The warning is needed because data have indicated that 
    unacceptably high forces are produced by a deploying air bag on present 
    designs of rear-facing infant restraints.
        Several commenters, however, expressed concern that the 
    requirements adopted today might impede the development of rear-facing 
    infant restraints that are safe to use in an air bag equipped seating 
    position. These commenters indicated that manufacturers are undertaking 
    efforts to develop infant restraints that can be used in an air bag-
    equipped seating position. Ford said that the warning statement may 
    limit the flexibility of infant restraint manufacturers to recommend 
    using a rear-facing system in an air bag-equipped seating position 
    under limited circumstances, such as if the vehicle seat were adjusted 
    to a certain position. Century stated that NHTSA should ensure that the 
    warning label requirement does not prevent future child seat designs 
    that work adequately with an air bag. Century suggested that NHTSA 
    should begin defining a test procedure and performance criteria for 
    testing the interaction of child restraints with air bags.
        NHTSA does not intend for this rule to impede the development of 
    rear-facing restraints that are compatible with an air bag. As 
    discussed in the NPRM, the agency has been closely monitoring the work 
    of a task force on Child Restraint and Air Bag Interaction (CRABI) 
    formed by the Society of Automotive Engineers. The task force is 
    comprised of motor vehicle and child seat manufacturers and highway 
    safety researchers. It has developed guidelines consisting of test 
    procedures and test configurations (e.g., test dummies and a test 
    fixture) that can be used for evaluating the interactions between child 
    restraints and air bags. Moreover, NHTSA has developed, for research 
    and evaluation purposes, procedures that were used in the Fall 1991 
    test program of air bags and rear-facing infant restraints. NHTSA will 
    continue to closely monitor the work of CRABI, especially regarding the 
    development of test procedures evaluating the performance of an infant 
    restraint when used with a passenger side air bag. If CRABI were to 
    develop a test procedure from its guidelines, NHTSA would evaluate it 
    to determine whether the procedure is appropriate for Standard 213. 
    Among other things, the procedure would have to be suitable for testing 
    all types of infant restraints, and be able to provide test results 
    that assess the performance of the restraint in the real world. The 
    agency will consider a test procedure for incorporation into Standard 
    213 as soon as a suitable one is developed.
    
    Rulemaking Analyses and Notices
    
    Executive Order 12866 (Regulatory Planning and Review) and DOT 
    Regulatory Policies and Procedures
    
        This rulemaking document was not reviewed under E.O. 12866, 
    ``Regulatory Planning and Review.'' The agency has considered the 
    impact of this rulemaking action under the Department of 
    Transportation's regulatory policies and procedures, and has determined 
    that it is not ``significant'' under them. NHTSA has prepared a 
    regulatory evaluation for this action which discussed the potential 
    costs, benefits and other impacts of this rule. A copy of this 
    evaluation has been placed in the docket for this rulemaking action. 
    Interested persons may obtain copies of it by writing to the docket 
    section at the address provided at the beginning of this notice.
        To briefly summarize the evaluation, NHTSA estimates that the 
    consumer cost of the labeling requirements of this rule ranges from 
    $0.09 to $0.17 per rear-facing infant restraint. The total annual cost 
    for all infant restraints will range from $350,280 to $661,640. This 
    cost is expected to be even smaller if the warning statement is placed 
    on the existing FMVSS No. 213 label.
        The evaluation also estimates that, assuming that the warning is 
    effective at preventing any placing of rear-facing restraints in air 
    bag positions, 2 to 4 lives will be saved and 445 injuries will be 
    reduced a year.
    
    Regulatory Flexibility Act
    
        NHTSA has considered the effects of this rulemaking action under 
    the Regulatory Flexibility Act. I hereby certify that it will not have 
    a significant economic impact on a substantial number of small 
    entities. Of the 11 current child restraint manufacturers known to the 
    agency (not counting vehicle manufacturers that produce and install 
    built-in restraints) there are three that qualify as small businesses. 
    This is not a substantial number of small entities. As to vehicle 
    manufacturers that produce and install built-in restraints, most of 
    those restraints are forward-facing restraints and are installed in a 
    rear seating position. Further, those manufacturers are generally not 
    considered small businesses.
        Regardless of the number of small entities, the rule will not have 
    a significant economic impact on these entities. Infant restraints 
    range in cost between $20 and $70, with the average price about $39. 
    Convertible seats range in cost between $45 and $120, with the average 
    price about $79. If the entire $0.17 cost of the rule were added to the 
    cost of the restraint, the typical infant restraint will increase in 
    price by only 0.44 percent and the typical convertible seat, by only 
    0.22 percent. Small organizations and governmental jurisdictions might 
    be affected by the rule if these entities procure child restraint 
    systems for programs such as loaner programs. While the cost of the 
    restraint could increase, loaner program procurements will not be 
    significantly affected. A program that had a fixed amount of money for 
    procuring child restraints will have its procurements reduced by only 
    0.34 to 0.57 percent. Thus, regardless of the number of small 
    organizations and governmental jurisdictions, NHTSA concludes the rule 
    will not have a significant economic impact on these entities.
    
    Executive Order 12612 (Federalism)
    
        This rulemaking action has been analyzed in accordance with the 
    principles and criteria contained in Executive Order 12612. The agency 
    has determined that this rule does not have sufficient federalism 
    implications to warrant the preparation of a Federalism Assessment.
    
    National Environmental Policy Act
    
        NHTSA has analyzed this rulemaking action for the purposes of the 
    National Environmental Policy Act. The agency has determined that 
    implementation of this action will not have any significant impact on 
    the quality of the human environment.
    
    Executive Order 12778 (Civil Justice Reform)
    
        This rule does not have any retroactive effect. Under section 
    103(d) of the National Traffic and Motor Vehicle Safety Act (Safety 
    Act; 15 U.S.C. 1392(d)), 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. Section 105 of the Safety Act 
    (15 U.S.C. 1394) 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.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles.
    
        In consideration of the foregoing, NHTSA amends 49 CFR part 571 as 
    set forth below:
    
    PART 571--[AMENDED]
    
        1. The authority citation for part 571 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 1392, 1401, 1403, 1407; delegation of 
    authority at 49 CFR 1.50.
    
    
    Sec. 571.213  [Amended]
    
        2. Section 571.213 is amended by revising S5.5.2(k) and adding 
    S5.6.1.8, to read as follows:
    
    
    Sec. 571.213  Standard No. 213, Child Restraint Systems.
    
    * * * * *
        S5.5.2 * * *
        (k) In the case of each child restraint system that can be used in 
    a rear-facing position, the following statements:
        (i) Either ``PLACE THIS CHILD RESTRAINT IN A REAR-FACING POSITION 
    WHEN USING IT WITH AN INFANT,'' or ``PLACE THIS INFANT RESTRAINT IN A 
    REAR-FACING POSITION WHEN USING IT IN THE VEHICLE,'' and,
        (ii) Either of the following statements, as appropriate, on a red, 
    orange or yellow contrasting background, and placed on the restraint so 
    that it is on the side of the restraint designed to be adjacent to the 
    front passenger door of a vehicle and is visible to a person installing 
    the rear-facing child restraint system in the front passenger seat:
        Warning: When your baby's size requires that this restraint be used 
    so that your baby faces the rear of the vehicle, place the restraint in 
    a vehicle seat that does not have an air bag.
    or
    
        Warning: Place this restraint in a vehicle seat that does not have 
    an air bag.
    * * * * *
        S5.6.1.8  In the case of each child restraint system that can be 
    used in a position so that it is facing the rear of the vehicle, the 
    instructions shall provide a warning against using rear-facing 
    restraints at seating positions equipped with air bags, and shall 
    explain the reasons for, and consequences of not following the warning. 
    The instructions shall also include a statement that owners of vehicles 
    with front passenger side air bags should refer to their vehicle 
    owner's manual for child restraint installation instructions.
    
        Issued on February 8, 1994.
    Christopher A. Hart,
    Deputy Administrator.
    [FR Doc. 94-3252 Filed 2-14-94; 10:00 am]
    BILLING CODE 4910-59-M
    
    
    

Document Information

Effective Date:
8/15/1994
Published:
02/16/1994
Department:
National Highway Traffic Safety Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-3252
Dates:
This rule is effective on August 15, 1994. Petitions for reconsideration of the rule must be received by March 18, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 16, 1994, Docket No. 74-09, Notice 34
RINs:
2127-AE80
CFR: (1)
49 CFR 571.213