99-22174. Federal Motor Vehicle Safety Standards; Child Restraint Systems; Child Restraint Anchorage Systems  

  • [Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
    [Rules and Regulations]
    [Pages 47566-47608]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22174]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    National Highway Traffic Safety Administration
    
    
    
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    49 CFR Part 571
    
    
    
    Federal Motor Vehicle Safety Standards; Child Restraint Systems; Child 
    Restraint Anchorage Systems; Final Rule
    
    Federal Register / Vol. 64, No. 168 / Tuesday, August 31, 1999 / 
    Rules and Regulations
    
    [[Page 47566]]
    
    
    
    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. NHTSA-99-6160]
    RIN 2127-AH65
    
    
    Federal Motor Vehicle Safety Standards; Child Restraint Systems; 
    Child Restraint Anchorage Systems
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation.
    
    ACTION: Final rule, response to petitions for reconsideration.
    
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    SUMMARY: This document responds to some of the issues raised by 
    petitions for reconsideration of a March 1999 final rule establishing 
    Federal Motor Vehicle Safety Standard No. 225, Child Restraint 
    Anchorage Systems. The standard requires vehicle manufacturers to 
    install the upper (tether) anchorages of universal child restraint 
    anchorage systems, beginning September 1, 1999, and lower anchorages of 
    those systems beginning September 1, 2000. This fall, we plan to 
    publish a second document responding further to the petitions.
        In response to concerns of several petitioners about leadtime for 
    and the stringency of the anchorage strength and other requirements in 
    the March 1999 final rule, this document permits vehicle manufacturers 
    to meet alternative requirements during an initial several year period. 
    During this period, manufacturers have the alternative of meeting 
    either the requirements in the March 1999 final rule or the less 
    stringent Canadian requirements for tether anchorages, and those set 
    forth in a draft standard being developed by a working group of the 
    International Organization for Standardization (ISO) for lower 
    anchorages. The temporary alternative for tether anchorages lasts until 
    September 1, 2001, and that for lower anchorages until September 1, 
    2002.
        This document also clarifies the test procedures used to test 
    tether anchorages and the lower child restraint anchorage systems; 
    excludes shuttle buses from the standard; denies petitions from the 
    Coalition of Small Volume Automobile Manufacturers and Indiana Mills 
    and Manufacturing; and makes technical amendments to correct some of 
    the figures and other portions of the March 1999 final rule, including 
    amendments to Standard No. 213.
    
    DATES: The amendments made in this rule are effective September 1, 
    1999.
        Petitions for reconsideration of this rule must be received by 
    October 15, 1999.
    
    ADDRESSES: Petitions for reconsideration should refer to the docket 
    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:
        For nonlegal issues: George Mouchahoir, PhD., (202-366-4919), 
    Office of Crashworthiness Standards, NHTSA.
        For legal issues: Deirdre R. Fujita, Esq., Office of the Chief 
    Counsel (202-366-2992), NHTSA.
        Both of these officials can be reached at the National Highway 
    Traffic Safety Administration, 400 Seventh St., SW, Washington, DC, 
    20590.
    
    SUPPLEMENTARY INFORMATION:
    I. Summary of March 1999 Final Rule
        a. Final rule
         b. Key implementation dates
        c. Rationale for the compliance dates for the final rule
    II. Petitions for Reconsideration of Final Rule
    III. Response to Petitions
        a. Universal child restraint anchorage systems for motor 
    vehicles
        1. Leadtime
        A. Tether anchorage
        B. Lower anchorages
        C. General issues about the options
        2. Harmonization
        3. Notice and opportunity to comment
        4. Other issues
        A. Procedures for testing tether anchorages
        B. Issues relating to the application of the standard
        C. Written instructions
        b. Requirements for child restraints relating to September 1, 
    1999 compliance date
        1. Audible or visual indication of attachment
        2. Attachments must be permanent
        c. Reasons for the effective date of this rule
    IV. Corrections to Final Rule
    V. Rulemaking Analyses and Notices
        a. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
    Policies and Procedures
        b. Regulatory Flexibility Act
        c. Executive Order 12612
        d. Unfunded Mandates Reform Act
        e. National Technology Transfer and Advancement Act
        f. National Environmental Policy Act
        g. Executive Order 12778 (Civil Justice Reform)
        h. Paperwork Reduction Act
    
    I. Summary of March 1999 Final Rule
    
    a. Final Rule
    
        On February 27, 1999, President Clinton announced a new motor 
    vehicle safety standard to improve the installation of child restraints 
    in motor vehicles. The new rule, published by NHTSA on March 5, 1999, 
    requires the installation of universal systems for attaching child 
    restraints in vehicles (64 FR 10786). Most vehicles will be required to 
    have these systems at two rear seating positions. Each system will have 
    three anchorages: two lower anchorages and one upper anchorage. The 
    lower anchorages are two 6 mm round steel bars fastened to the vehicle 
    roughly a foot apart and positioned where the vehicle seat cushion and 
    seat back meet. The upper anchorage is a ring to which the upper tether 
    of a child restraint can be attached. In addition, an upper anchorage 
    will be required at a third seating position. New child seats will have 
    components that snap or hook onto these anchorages. By requiring an 
    easy-to-use anchorage system that is independent of the vehicle seat 
    belts, the new rule makes it easier to install child restraints 
    securely and will thereby increase safety for children.
        To the extent consistent with safety, we sought to harmonize our 
    rule with requirements being considered by standard bodies and 
    regulatory authorities in Europe and elsewhere. We considered a number 
    of alternatives to the anchorage system we ultimately adopted, 
    including anchorage system designs developed by General Motors and by 
    Cosco, a child restraint manufacturer. Ultimately, we chose to 
    establish performance requirements that were based on a draft standard 
    1 developed by the International Organization for 
    Standardization (ISO), a worldwide voluntary federation of ISO member 
    bodies. While safety was the overriding consideration, we made this 
    decision due, in part, to the global standardization advantages 
    associated with a harmonized standard. We stated that we anticipated 
    that the ISO, which began work on an independent child restraint 
    anchorage system in the early 1990's, will be adopting the draft 
    standard as a final standard within the next year, and that 
    incorporation of the ISO standard into the regulations of the European 
    Community is likely to follow. Our rule harmonized also with a 
    regulatory initiative by Transport Canada to require user-ready tether 
    anchorages in vehicles sold in Canada.
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        \1\ ISO/DIS 13216-1, Road vehicles--Child restraint systems--
    Anchorages in vehicles and attachments to anchorages--Part 1: 
    Dimensions, strength requirements and general requirements, June 22, 
    1998.
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        In our final rule, we adopted most of the draft ISO standard for 
    the lower bars and most of the requirements of the Canadian 
    requirements for the tether anchorages. However, our final rule also 
    imposed strength requirements for tether anchorages and the lower bars 
    that, while essentially equivalent to the
    
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    requirements we proposed in our NPRM, are higher than those that are 
    specified by the draft ISO and the Canadian standards.
    Tether Anchorage
        The NPRM proposed that the tether anchorage would be tested in a 
    static pull test. A force of 5,300 Newtons (N) would be applied by a 
    belt strap that attaches to the tether anchorage, and applied in the 
    forward horizontal direction. The 5,300 N force would be attained 
    within 30 seconds, with an onset force rate not exceeding 135,000 N per 
    second, and maintained at the 5,300 N level for one second. We proposed 
    that each structural component of the anchorage must withstand the 
    5,300 N force, and that there must not be any complete separation or 
    failure of any anchorage component. Each tether anchorage would be 
    tested separately. However, if two or more designated seating positions 
    on a bench seat are equipped with a tether anchorage, separate 5,300 N 
    forces would be simultaneously applied to each tether anchorage.
        The final rule adopted a static pull test using a test fixture, 
    instead of a belt strap, to apply the test forces to the tether 
    anchorage. The fixture has a configuration representative of a child 
    restraint system. The fixture is attached to the tether anchorage at 
    the fixture's top, and is attached to the vehicle seat at the fixture's 
    bottom end (at the intersection of the vehicle seat cushion and back) 
    using the vehicle's seat belt or the lower bars of a child restraint 
    anchorage system. The test force is applied pulling on a cable that is 
    attached to a point on the fixture. A force of 15,000 N is applied to 
    the fixture, which in turn, applies the force to the three anchorage 
    points (the tether anchorage and the seat belt anchorages or the lower 
    bars). Since the fixture is attached to three anchorage points, only a 
    portion of the 15,000 N force is actually applied to the tether 
    anchorage. The 15,000 N force is attained within 30 seconds, at an 
    onset force rate of not more than 135,000 N per second; and maintained 
    at the 15,000 N level for one second. The final rule requires that (a) 
    there must not be any point on the tether anchorage displaced more than 
    125 millimeters (mm) (approximately 5 inches); and (b) there must not 
    be complete separation of any anchorage component. Each tether 
    anchorage is tested separately, unless two or more designated seating 
    positions in a row of seats have a tether anchorage. In that case, 
    NHTSA has the option of testing both tether anchorages simultaneously.
    Lower Anchorages
        The NPRM proposed that the lower anchorages would also be tested in 
    a static pull test using a belt strap. Each lower anchorage at a 
    seating position would be tested separately from the other. A force of 
    5,300 N would be applied to the anchorage in the forward horizontal 
    direction. The 5,300 N force would be attained within 30 seconds, with 
    an onset force rate not exceeding 135,000 N per second, and maintained 
    at the 5,300 N level for ten seconds. The NPRM proposed that lower bars 
    conforming to the draft ISO standard were one of the means that could 
    be installed to meet the requirement to provide the lower anchorages of 
    a child restraint anchorage system. The NPRM proposed requiring that no 
    portion of any component attaching to the lower bar could move forward 
    more than 125 mm, and that there must not be complete separation of any 
    anchorage component.
        The final rule required that bars be used as the lower anchorages 
    and adopted the method of testing lower bars set forth in the draft ISO 
    standard. That method uses a test fixture, representing a child 
    restraint system, that has attachments at the bottom end of the fixture 
    (at the intersection of the vehicle seat cushion and back) to attach to 
    the lower bars. The test force is applied by pulling on a cable that is 
    attached to a point on the fixture. A horizontal force of 11,000 N is 
    applied to the fixture, which in turn, simultaneously applies the force 
    to the two lower bars (the tether anchor is not attached). Since the 
    fixture is attached to both bars, the force is divided between them. 
    The 11,000 N force is attained within 30 seconds, at an onset force 
    rate of not more than 135,000 N per second; and maintained at the 
    11,000 N level for ten seconds. The final rule requires that the lower 
    bars must not allow a specified point on the test fixture to be 
    displaced more than 125 mm during the pull. The final rule specifies 
    that in the case of vehicle seat assemblies equipped with more than one 
    child restraint anchorage system, NHTSA has the option of testing the 
    child restraint anchorage systems simultaneously or testing the systems 
    separately.
    
    b. Key Implementation Dates
    
        The key implementation dates (mandatory compliance dates) in the 
    March 1999 final rule were:
    
    1. Beginning September 1, 1999--
        Motor vehicles
        Eighty (80) percent of passenger cars must have a tether anchorage 
    for each of a specified number of designated seating positions. Any 
    voluntarily-provided lower bars of a child restraint anchorage system, 
    and any voluntarily-provided additional tether anchorages, in any 
    passenger car, light truck, bus and multipurpose passenger vehicle 
    (MPV) must meet the strength and other requirements of the standard.
        Child restraints
        Child restraint systems are required to comply with a more 
    stringent head excursion performance requirement. Effectively, this 
    means most must have top tether straps.
    2. Beginning September 1, 2000--
        Motor vehicles
        All passenger cars and light trucks, buses and multipurpose 
    passenger vehicles (MPVs) must have specified number of tether 
    anchorages.
        A specified percentage of passenger cars, and light trucks, buses 
    and MPVs must have lower anchorages.
    3. On or after September 1, 2002--
        Motor vehicles
        All passenger cars, and all light trucks, buses and MPVs must have 
    the new lower anchorages for a specified number of seating positions.
        Child restraints
        Child restraint systems must have components that attach to the 
    lower bars.
    
    c. Rationale for the Compliance Dates for the Rule
    
        Our effective dates for requiring the universal child restraint 
    anchorages balanced several real world needs. Manufacturers need lead 
    time to develop and implement designs for the anchorage system, 
    particularly those for the lower bars, and to test their vehicles for 
    compliance with the standard and to so certify. However, we wanted 
    manufacturers to begin to provide the anchorages as quickly as possible 
    because a universal child restraint anchorage system will enhance the 
    safety of child restraints by making them easier to install securely 
    than by means of a vehicle's seat belt system. Our rule sought to 
    balance those needs by:
        (1) Phasing-in the requirement for the lower bars over a three-year 
    period, beginning in 2000 (S4.3); and
        (2) Requiring manufacturers to begin providing the user-ready upper 
    anchorages on September 1, 1999 (S4.2).
        We believed that the requirement for user-ready upper anchorages 
    could be
    
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    implemented in most passenger cars 2 beginning September 1, 
    1999 and a year later in other types of vehicles because almost all new 
    vehicles sold in this country already have (unexposed, non-user-ready) 
    tether anchorages to meet a longstanding Canadian requirement for non-
    user-ready anchorages. We also selected the September 1, 1999 date 
    because it is the compliance date that Canada had adopted for user-
    ready tether anchorages in new passenger cars sold in that country.
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        \2\ The requirements are phased-in to apply to 80 percent of a 
    manufacturer's production of passenger cars manufactured between 
    September 1, 1999 and August 31, 2000, and to all passenger cars 
    manufactured on or after September 1, 2000.
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        Another need addressed by our implementation dates for the final 
    rule was to assure that any child restraint anchorage system or tether 
    anchorage installed in a vehicle will meet minimum performance 
    requirements, regardless of whether the system was a ``required 
    system'' or a ``voluntarily-installed system.'' This was done to ensure 
    that all of the 3-point child restraint anchorage systems provide at 
    least a minimum level of safety. Accordingly, we required that:
        (3) any child restraint anchorage system or tether anchorage 
    installed in any new vehicle after September 1, 1999, must meet the 
    configuration, location and strength requirements of the standard 
    (S4.1).3
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        \3\ Today's document also corrects S4.1 to include marking 
    requirements among those that voluntarily-installed anchorage 
    systems must meet.
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    II. Petitions for Reconsideration of Final Rule
    
        We received petitions for reconsideration of the final rule from 
    the Alliance of Automobile Manufacturers (``Alliance'') (whose members 
    are BMW, DaimlerChrysler, Ford, General Motors, Mazda, Nissan, Toyota, 
    Volkswagen, Volvo, Fiat and Isuzu), and from Honda, Volkswagen, 
    Porsche, DaimlerChrysler, General Motors, Mitsubishi, the National 
    Truck Equipment Association, Kolcraft, E-Z-On Products, Cosco, Toyota, 
    Ford, the Coalition of Small Volume Automobile Manufacturers, and 
    Indiana Mills and Manufacturing. See NHTSA Docket No. 98-3390, Notice 
    2.
        The petitioners generally embrace the underlying tenet of the rule 
    that there is a need for tether anchorages and universal child 
    restraint anchorage systems to improve the securement of child 
    restraints in vehicles. Nevertheless, vehicle manufacturers ask us to 
    reconsider certain performance and other requirements. Some of them are 
    concerned about the strength requirements for the tether anchorage and 
    the lower bars, and assert that: (1) There is no safety need for 
    requirements as stringent as those specified; 4 (2) tether 
    anchorages installed in their model year (MY) 2000 vehicles were 
    designed to meet the less stringent Canadian requirements and they will 
    not be able to meet the requirements in the final rule by September 1, 
    1999; (3) they are unable to assure that voluntarily-installed 
    anchorages planned for their MY 2000 vehicles will meet the 
    requirements by September 1 of this year, and thus would have to ``tear 
    out'' voluntarily-installed additional anchorages that they had already 
    installed in vehicles slated for completion after September 1, 1999; 
    and (4) sufficient notice and opportunity to comment was not provided 
    for the requirements. The Alliance suggests that the agency either 
    adopt the Canadian requirements for the tether and the draft ISO 
    requirements for the lower bars, or delay the effective date for the 
    rule to allow manufacturers to modify their current anchorage designs. 
    These and the other petitioners also petition for reconsideration of a 
    number of other issues, including issues regarding the specific test 
    procedures of the rule and the application of the requirements to 
    particular types of vehicles or seating positions.
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        \4\ Not all petitioners addressing this subject believe the 
    strength requirements were too stringent. Petitioner E-Z-On Products 
    suggest in its petition for reconsideration that we should consider 
    increasing the strength requirements for the tether anchorage.
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    III. Response to Petitions
    
        This document focuses on immediate problems that vehicle 
    manufacturers are having in certifying compliance with requirements 
    that will apply to them beginning on September 1, 1999. As noted above, 
    that is the date on which they must begin equipping new passenger cars 
    with tether anchorages meeting the configuration, location, strength 
    and marking requirements in the March 1999 final rule. It is also the 
    date on which voluntarily-installed tether anchorages and lower 
    anchorage bars must meet those requirements. This document also 
    addresses some other concerns as well, including suggestions for 
    clarifying certain steps and procedures for testing the anchorages and 
    requests to reconsider requirements of the final rule for child 
    restraint systems. We will respond to the remaining issues raised in 
    the petitions in separate documents that will be published in the near 
    future.
        The key changes to those implementation dates made by today's final 
    rule are as follows:
         From September 1, 1999 to August 31, 2001: tether 
    anchorages may meet strength and other requirements (i.e., those 
    specifying where anchorages may be located, and how many must be 
    provided in vehicles and in what seating positions they must be 
    provided) promulgated by Transport Canada instead of the requirements 
    set forth in the March 1999 final rule. This option will cease to be 
    available on September 1, 2001.
         From September 1, 1999 to August 31, 2002: lower anchorage 
    bars may meet strength and other requirements (i.e., those specifying 
    anchorage dimension and location, stow ability, and marking) set forth 
    in a draft standard issued by the ISO instead of the requirements set 
    forth in the March 1999 final rule. This option will cease to be 
    available on September 1, 2002.
    
    a. Universal Child Restraint Anchorage Systems for Motor Vehicles
    
    1. Leadtime
        As noted above, two requirements relating to child restraint 
    anchorage systems go into effect on September 1, 1999: (a) 
    manufacturers of passenger cars must provide the user-ready tether 
    anchorages; \5\ and (b) manufacturers must ensure that any tether 
    anchorage or child restraint anchorage system installed in any new 
    vehicle, voluntarily or pursuant to the standard, meets the 
    configuration, location, strength and marking requirements of the 
    standard (S4.1).
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        \5\ The requirement for passenger cars is phased-in, beginning 
    September 1, 1999, with all cars required to meet the requirement as 
    of September 1, 2000. The compliance date for installing user-ready 
    tether anchorages in light trucks, multipurpose passenger vehicles, 
    and buses is September 1, 2000.
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        The Alliance petitioned for reconsideration of the rule on the 
    basis of the practicability of meeting the September 1, 1999 effective 
    date requiring installation of user-ready tether anchorages in 
    passenger cars, stating that they cannot, by that date, complete the 
    testing that they need to do to certify that their vehicles will meet 
    the requirements of the final rule. They also need more time to make 
    interior trim and structural changes to the extent necessary to meet 
    the strength requirements. The Alliance states that member companies 
    had geared up to meet the Canadian requirements, and had completed 
    certification testing in passenger cars in preparation for certifying 
    to the same requirements in
    
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    the U.S.6 The Alliance states that the strength requirements 
    of our rule necessitate vehicle structure and interior trim changes and 
    that these involve ``significant tooling and lead time'' to implement. 
    Thus, many of their passenger car tether anchorage designs cannot be 
    modified in time to meet the compliance date. The Alliance suggests 
    that the agency either (a) Adopt the Canadian requirements for the 
    tether and the draft ISO requirements for the lower bars, or (b) ``at a 
    minimum delay the effective date for tether and child restraint lower 
    anchors for one year to allow manufacturers time to modify their 
    current anchor designs to meet these new, unique requirements.''
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        \6\ The most significant differences between the Canadian 
    requirements and those in our final rule are:
        --the magnitude of the force that is applied to the tether 
    anchorage (10,000 N, instead of 15,000 N);
        --the rate that the force is applied to a tether anchorage in a 
    compliance test (Canada permits the manufacturer to specify the 
    force application rate, while under our test procedure NHTSA 
    specifies the rate; the rate of force application can affect the 
    stringency of the test);
        --the number of tether anchorages required in multipurpose 
    passenger vehicles that have five or fewer seats (Canada requires 
    two tether anchorages, while we require three, in vehicles that have 
    three or more seating positions rearward of the driver); and
        --the requirement to provide a tether anchorage at a center rear 
    seating position (Canada does not have such a requirement, while we 
    do).
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        In addition, petitioners state that practicability problems arise 
    also from the requirement in S4.1 that manufacturers must ensure that 
    any tether anchorage or child restraint anchorage system voluntarily 
    installed in any new vehicle after September 1, 1999 meets the 
    performance requirements of the standard. The Alliance states that 
    member companies had completed certification testing in multipurpose 
    passenger vehicles, trucks and buses to comply voluntarily with the 
    tether anchorage requirements earlier than the September 2000 
    compliance date. Because the voluntarily-installed anchorages would not 
    meet the standard's requirements by September 1, 1999 as they are 
    required to under S4.1, some manufacturers would be forced to remove 
    anchorages in vehicles that will be completed after September 1, 1999, 
    or prevented from installing such anchorages in those vehicles, ``thus 
    depriving customers of [the anchorages'] safety benefit.'' Volkswagen 
    (VW) states in its separate petition that it already provides lower 
    anchorages designed to the draft ISO standard in its vehicles. That 
    petitioner states: ``if NHTSA * * * continues to maintain the 
    requirement in S4.1, then the provision of the systems would have to be 
    terminated.'' VW and the Alliance suggest that S4.1 be amended so that 
    voluntary systems complying with the draft ISO standard 7 
    (for the lower bars) and with Canadian requirements (for the tether 
    anchorage) are permitted.
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        \7\ It is noted that ISO has not completed finalization of its 
    draft standard. On May 3, 1999, ISO revised the draft again.
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        A. Tether anchorage. NHTSA has reviewed the issues raised by the 
    petitioners relating to whether it is practicable to meet the September 
    1, 1999 effective date for installing tether anchorages that satisfy 
    the requirements of the March 1999 final rule. The agency concludes 
    that the vehicle manufacturers are capable of meeting the strength 
    requirements in our March 1999 final rule for the tether anchorage with 
    sufficient leadtime. In fact, data from Transport Canada indicates that 
    many vehicles already have tether anchorages that can meet the 15,000 N 
    requirement. Transport Canada tested a series of 15 vehicles (1999 
    models), using the test procedures of its tether anchorage standard, 
    Canadian Motor Vehicle Safety Standard (CMVSS) 210.1, to measure loads 
    attained at tether anchorages of these vehicles. Tether anchorages of 
    12 of these vehicles did not fail when the applied load (applied by 
    means of a belt strap) reached a load ranging from 7,450 N to 7,884 N. 
    We have determined that applying a horizontal 15,000 N force to the 
    SFAD test fixtures results in forces of about 5,400 N applied 
    horizontally to the tether anchorage using SFAD 1, and about 7,000 N 
    applied horizontally to that anchorage using SFAD 2. (The difference is 
    primarily due to differences between SFAD 1 and SFAD 2 as to the 
    location of Point X on the test devices. Point X is where the force is 
    applied to the SFAD.) Thus, tether anchorages on most of the vehicles 
    tested by Canada sustained loads greater than the load that is 
    specified in our March 1999 final rule. Tether anchorages of three of 
    the 15 vehicles tested by Canada sustained between 6,979 N to 7,385 N. 
    The tether anchorages on these vehicle may or may not need to be 
    reinforced to meet our requirement. (These data were presented by 
    Transport Canada at a March 31, 1999 meeting with manufacturers in 
    Ottawa.)
        While many vehicles may already meet the strength requirement of 
    the March 1999 final rule, a number of manufacturers have said that 
    they need time to run certification tests and analyses based on the 
    requirements of our final rule, as opposed to the Canadian 
    requirements. Some vehicle structure and trim might also have to be 
    changed to meet the strength requirements of the final rule. Thus, 
    while manufacturers that do not already comply can achieve the 15,000 N 
    performance required of tether anchorages in the near future, they will 
    need more time than the lead time provided in the final rule to make 
    any necessary changes and certify compliance of their vehicles with the 
    requirements of the final rule.
        At the same time, user-ready tether anchorages installed as soon as 
    possible would serve a child passenger safety need because they will 
    increase the likelihood that parents will attach a top tether on the 
    child restraint system. A tethered child restraint offers improved 
    protection against head impact in a crash. A tether anchorage that 
    complies with the Canadian strength requirement will be better than no 
    tether anchorage at all (which would be the end result of manufacturers 
    removing voluntarily installed tether anchorages after September 1, 
    1999). Accordingly, we are amending the standard to permit 
    manufacturers the option of installing tether anchorages that meet 
    Canada's strength requirements, for a two-year interim period (until 
    August 31, 2001). During the interim, manufacturers can choose to meet 
    the Canadian requirements. The most significant differences between the 
    Canadian requirements and those in our final rule are Canada's 
    specification of a lower force (10,000 N, instead of 15,000 N) and 
    Canada's method of applying the force (permitting the manufacturer the 
    option of specifying the force application rate, instead of specifying 
    a range of application rates that the agency could use). During the 
    interim, manufacturers can assess their vehicles' ability to comply 
    with the 15,000 N force requirement and make structural changes to 
    their vehicles, as needed. Beginning September 1, 2001, all vehicles 
    will have to meet the 15,000 N strength requirement for all tether 
    anchorages, whether installed voluntarily or pursuant to our 
    standard.8
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        \8\ Some petitioners suggest that the 15,000 N requirement is 
    unnecessary because Transport Canada adopted a 10,000 N requirement 
    and because, so they believe, a tether meeting Canada's requirements 
    will adequately withstand the forces that are imposed on a tether 
    anchorage in a crash. On the other hand, one petitioner (E-Z-On 
    Products) suggests that Canada's strength requirement should be 
    increased to a higher level, to adequately withstand forces 
    generated by children weighing 120 pounds or more.
        To enable us to publish this document regarding the September 1, 
    1999 effective date of our rule as quickly as possible, we have 
    deferred our response to those comments to a later date. We are 
    evaluating these comments and will respond to them and to other 
    issues not addressed by today's document in a later document. For 
    the purposes of this notice, we believe that the 15,000 N strength 
    requirement is preferable to the 10,000 N requirement, for the 
    reasons discussed in the March 1999 final rule. Transport Canada has 
    publicly stated that it too is considering increasing its tether 
    strength requirement to 15,000 N, based on data obtained since that 
    country's implementation of its user-ready tether anchorage 
    requirement (see technical proposal, Canada Gazette Part I, March 6, 
    1999).
        While the 15,000 N strength requirement is preferable in the 
    long run, we are balancing the benefits associated with tether 
    anchorages meeting only the Canadian requirements in the short run 
    against the possibility of there being no tether anchorages. Tether 
    anchorages meeting the Canadian requirement will still provide an 
    improvement to parents who might have attached a tether but did not 
    do so because a user-ready anchorage was not present in the vehicle. 
    In the short term, we are adopting an alternative allowing 
    compliance with a lesser requirement as a practicable temporary 
    approach that would reap benefits not otherwise obtainable during 
    the interim.
    
    ---------------------------------------------------------------------------
    
    [[Page 47570]]
    
        The Alliance raises other issues related to their members' 
    designing and manufacturing vehicles to meet the requirements 
    established by Transport Canada for tether anchorages. Transport Canada 
    requires only two tether anchorages in MPVs with five or fewer 
    designated seating positions, while our final rule requires three 
    tether anchorages in these vehicles (the same number of tether 
    anchorages required of passenger cars). (For convenience, since most 
    MPVs with fewer than 6 seating positions are sport utility vehicles 
    (SUVs), we will refer to those MPVs as SUVs.) The Alliance states that 
    Transport Canada's requirement to mandate only two tether anchorages 
    for SUVs was based on comments submitted to it ``which stated that the 
    seating configurations and vehicle design constraints made the mandate 
    of three tether anchors in the rear seat impracticable for such 
    vehicles.'' Some manufacturers state in their owner's manual not to 
    install child restraints in the center position. The petitioner asks 
    that we amend our standard to require only two tether anchorages for 
    MPVs with five or fewer designated seating positions.
        In evaluating this suggestion, we note that manufacturers have not 
    submitted information to NHTSA that explains why SUVs, as a vehicle 
    class, should have fewer tether anchorages than passenger cars or why a 
    third tether anchor in the rear seat of these vehicles is 
    impracticable. SUVs are used as passenger-carrying vehicles and are 
    increasing in popularity. Further, we note that the occupancy rate of 
    SUVs for children under 12 in the right front seat is 2.4 times that of 
    passenger cars. We also note that Transport Canada has indicated that 
    it might be revisiting this issue concerning the number of tether 
    anchorages it should require in SUVs. In view of the above information 
    and the absence of information as to why SUVs should have fewer tether 
    anchorages than passenger cars, we have decided to retain the 
    requirement for three tether anchorages in the long run. However, to 
    provide manufacturers with lead time to design and manufacture SUVs 
    with three anchorages, this rule allows manufacturers to provide only 
    two tether anchorages until August 31, 2001. Beginning September 1, 
    2001, three tether anchorages will have to be provided, if there are at 
    least three rear designated seating positions.
        The Alliance also petitioned for reconsideration of our requirement 
    that a tether anchorage must be installed at a designated seating 
    position other than an outboard seating position, if the vehicle has 
    such a (center) seating position. Transport Canada does not have a 
    comparable requirement. The petitioner states that not all MPVs 
    scheduled for introduction by the 2001 model year (i.e., September 1, 
    2000) have designs that meet the requirement. Petitioner also states 
    that: ``this requirement is not practical for all [MPVs with six or 
    more designated seating positions]. For example, a child restraint 
    installed in the center position will block ingress/egress for the 
    third row outboard seating position in certain vehicles.''
        NHTSA is relieving manufacturers from the requirement that one of 
    the tether anchorages must be at a center seating position, until 
    September 1, 2001. As a practical matter, this relief will only affect 
    manufacturers of vehicles with more than three rear designated seating 
    positions, i.e., vehicles other than passenger cars. Vehicles with 
    three rear designated seating positions must be equipped with three 
    tether anchorages. In passenger cars, the rear seat only has at most 
    three rear designated seating positions, so a center rear seat--
    assuming there is one--will be equipped with a tether anchorage. This 
    amendment gives manufacturers (primarily of vehicles other than 
    passenger cars) until September 1, 2001 to design and manufacture 
    vehicles with a tether anchorage in a center seat. Until that date, 
    manufacturers will have the option of not providing a tether anchorage 
    at a center seating position, assuming they can provide the requisite 
    number of tether anchorages without equipping a center position. On or 
    after that date, a tether anchorage must be provided at a center (i.e., 
    non-outboard) seating position, in vehicles with such a 
    position.9
    ---------------------------------------------------------------------------
    
        \9\ The final rule required a tether at a non-outboard seating 
    position (a center position) to address the concerns of many 
    commenters that the center rear seating position in cars would not 
    have an improved means of attaching child restraints, even though 
    that is the position many parents in this country prefer to place 
    their child. (This belief is shared by the petitioner. Commenting on 
    a different issue, the Alliance stated on page 17 of its petition 
    for reconsideration that ``Alliance members believe that many 
    customers will want the flexibility to install a child restraint at 
    the center rear seat position.  .  .'') We believe that many parents 
    will want to place their child in a non-outboard seating position in 
    MPVs as well. These parents will either be frustrated if an improved 
    means of attaching child restraints is not provided at a center 
    position, and/or may use the non-tethered center position anyway, 
    and will not be able to attain for their child the improved safety 
    benefits of a tethered child restraint. As for practical problems 
    with blocking ingress/egress for the third row, we believe the 
    tether can be located to avoid such blockage. For example, the 
    tether anchor could be attached to the ceiling or to the back of the 
    lower part of the seat structure.
    ---------------------------------------------------------------------------
    
        B. Lower anchorages.This final rule also specifies that, from 
    September 1, 1999 until August 31, 2002, manufacturers installing the 
    lower bars of a child restraint anchorage system will have available a 
    compliance option. They may meet either all the requirements for lower 
    anchorages in our March 1999 final rule, or requirements in the draft 
    ISO standard for alternative configuration, location, strength and 
    marking requirements, and the requirements in our March 1999 final rule 
    on all other matters.10 As discussed in section III.a.1.C of 
    this preamble, a manufacturer's selection of a compliance option will 
    be irrevocable.
    ---------------------------------------------------------------------------
    
        \10\ The most significant differences between the draft ISO 
    requirements for the lower anchorages of child restraint anchorage 
    systems and those in our final rule are:
        a. the magnitude of the force that is applied to the lower 
    anchorages (11,000 N, instead of 8,000 N);
        b. the rate that the force is applied to the lower anchorages in 
    a compliance test (the draft ISO standard specifies that the force 
    is fully applied within a time period of two seconds or less, while 
    under our test procedure NHTSA specifies the rate and the time 
    period for full application of the force may be up to 30 seconds);
        c. the period of time that the force is held (the draft ISO 
    standard specifies that the 8,000 N force is held for a period of 
    0.25 seconds, while we specify that it is held for 10 seconds); and
        d. the allowance of stowable/foldable anchorages (the draft ISO 
    standard permits these anchorages, while our final rule has a 
    requirement that precludes a stowable/foldable feature, S9.1.1(g)).
        e. Other differences between our rule and the draft ISO standard 
    are discussed in the March 1999 final rule at 43 FR 10801-10802.
    ---------------------------------------------------------------------------
    
        These amendments are made to provide manufacturers lead time to 
    develop lower anchorages that meet the strength requirements of our 
    standard. Lower anchorages meeting the draft ISO requirements will 
    provide an improved means of attaching child restraints. While the 
    11,000 N strength
    
    [[Page 47571]]
    
    requirement is preferable to the ISO 8,000 N requirement, we are 
    balancing the benefits associated with lower anchorages meeting the 
    draft ISO requirements in the short run against the possibility of 
    there being no improved means of attaching child restraints. Lower 
    anchorages meeting the draft ISO requirements will still provide an 
    improvement to parents who have difficulty attaching a child restraint 
    correctly in a vehicle or whose vehicle seats are incompatible with 
    child restraints. In the short term, we are adopting an alternative 
    allowing compliance with a lesser requirement as a practicable 
    temporary approach that would reap benefits not otherwise obtainable 
    during the interim. The agency is thus amending the standard to enable 
    manufacturers to provide child restraint anchorage systems in vehicles 
    as quickly as possible.
        Many of the petitioners suggested that we permit rigid but 
    stowable/fold-away lower anchorages, as allowed in the draft ISO 
    standard. These petitioners have been developing stowable/fold-away 
    lower anchorages and believed that our final rule was going to permit 
    these anchorages to be installed in vehicles. Apparently these 
    petitioners believed that the final rule would incorporate all aspects 
    of the draft ISO standard, including provisions in the draft standard 
    for stowable anchorages. The draft standard does not expressly allow 
    stowable anchorages, but instead occasionally refers to various 
    requirements that lower anchorages have to meet while in a stored and/
    or ``deployed'' condition. We are permitting stowable/fold-away anchors 
    during this interim period (until August 31, 2002) within which 
    manufacturer may meet the requirements of the draft ISO standard.
        Specifications in the draft ISO standard that we have adopted in 
    this final rule state that the 8,000 N force that is applied in the 
    forward pull test and the 5,000 N force that is applied in the lateral 
    pull test is maintained for a period of 0.25 seconds  0.05 
    seconds. We interpret this hold period to mean that we may hold the 
    maximum force for several seconds or longer; however, the lower 
    anchorages must withstand the required force (i.e., meet the 125 mm 
    displacement limit) only for up to 0.30 seconds.
        Several petitions ask us to reconsider the need for the 11,000 N 
    strength requirement for the lower anchorages. The 11,000 N is applied 
    to the lower anchorages by way of a test fixture that attaches to both 
    lower anchorages. NHTSA will respond to these issues in a subsequent 
    document responding to other issues in the petitions. In addition, we 
    will address suggestions concerning the test procedure used to test the 
    lower anchorages that are not addressed by today's document.
        C. General issues about the options. This rule specifies that a 
    manufacturer's selection of a compliance option must be made prior to, 
    or at the time of vehicle certification and that selection is 
    irrevocable for that vehicle. The rationale for such a requirement was 
    explained in the March 1999 final rule as well as in other recent 
    agency rulemakings. To summarize, where a safety standard provides 
    manufacturers more than one compliance option, the agency needs to know 
    which option has been selected in order to conduct a compliance test. 
    Moreover, based on previous experience with enforcing standards that 
    include compliance options, the agency is aware that a manufacturer 
    confronted with an apparent noncompliance for the option it has 
    selected (based on a compliance test) may respond by arguing that its 
    vehicles comply with a different option for which the agency has not 
    conducted a compliance test. This response creates obvious difficulties 
    for the agency in managing its available resources for carrying out its 
    enforcement responsibilities, e.g., the possible need to conduct 
    multiple compliance tests for first one compliance option, then 
    another, to determine whether there is a noncompliance. To address this 
    problem, the agency is requiring that where manufacturer options are 
    specified, the manufacturer must select the option by the time it 
    certifies the vehicle and may not thereafter select a different option 
    for the vehicle. This will mean that failure to comply with the 
    selected option will constitute a noncompliance regardless of whether a 
    vehicle complies with another option. (Of course, as we have noted in 
    other rulemaking proceedings, a manufacturer may petition for an 
    exemption from the recall requirements of the statute on the basis that 
    the noncompliance is inconsequential as it relates to motor vehicle 
    safety.)
        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?
    
        While we generally complied with those requirements in drafting 
    this document, we did not make any significant changes to the Canadian 
    and ISO provisions regarding child restraint anchorage systems in 
    adding them to Standard No. 225. Since those additions are only 
    temporary, we did not attempt to determine whether there are any 
    significant opportunities for simplification or clarification of those 
    provisions. If anyone believes that simplification or clarification of 
    any of those provisions, or of any other part of the regulatory text, 
    is necessary, please write and tell us.
    
    b. Harmonization
    
        The Alliance also petitioned for reconsideration of the final rule 
    based on ``the lack of harmonization with other child restraint anchor 
    activities around the world.'' Petitioner states that the rule creates 
    a unique set of performance requirements that is not applied anywhere 
    else in the world and is not consistent with the Canadian requirements 
    for the tether or draft ISO requirements for the lower bars.
        The most significant differences between the Canadian requirements 
    for tether anchorages and those in our final rule are set forth in 
    footnote 6, supra, and concern the magnitude of the force that is 
    applied to the tether anchorage and the rate that the force is applied 
    to a tether anchorage in a compliance test. The most significant 
    differences between the draft ISO requirements for the lower anchorages 
    of child restraint anchorage systems and those in our final rule are 
    set forth in footnote 10, supra, and relate to the magnitude of the 
    force that is applied to the lower anchorages, the rate that the force 
    is applied in a compliance test, and the period of time that the force 
    is held.
        We believe that our final rule fully conforms to the agency's 
    policies and priorities in this area. The agency's policy is to advance 
    vehicle safety by identifying and adopting best safety practices from 
    around the world and by developing new standards reflecting 
    technological advances and current and anticipated safety problems. 
    Thus, while we seek to harmonize our safety standards with those of 
    other countries, we do so only to the extent consistent
    
    [[Page 47572]]
    
    with preserving our ability to adopt standards that meet U.S. vehicle 
    safety needs. ``Statement of Policy: NHTSA Priorities and Public 
    Participation in the Implementation of the UN/ECE 1998 Agreement on 
    Global Technical Regulations'' (January 5, 1999, 64 FR 563). In our 
    effort to harmonize with the Canadian requirements for the tether 
    anchorage and the draft ISO requirements for the lower anchorages, we 
    undertook an independent analysis of the basis for the strength 
    requirements for the respective anchorages. We were not aware of any 
    information warranting a 10,000 N force requirement for the tether. The 
    only data we had indicate that the level should be 15,000 N. Further, 
    as we said in the preamble to the final rule, we did not know why the 
    drafters of the draft ISO standard chose the 8,000 N requirement. We 
    also explained in the final rule document our reasons for differing 
    from the specifications in the draft ISO standard for applying the 
    force to the lower anchorages in the compliance test. That we set the 
    performance requirements based on an independent analyses is fully 
    consistent with NHTSA's policies and priorities on international 
    harmonization.
        We also note that with regard to the strength requirements for the 
    lower bars, the draft ISO standard has not yet been adopted in final 
    form by any country. The draft ISO standard is still undergoing 
    revision by the working group charged with developing the standard. 
    Because no country has adopted strength or any other requirements for 
    the lower bars, our 11,000 N requirement, the first of its kind, is not 
    discordant with any other standard. We should also note that our 
    requirements are generally not mutually exclusive from those of Canada 
    for tether anchorages and those of the draft ISO standard for the lower 
    bars. Anchorages that are produced to meet the requirements of our 
    March 1999 final rule will meet all the requirements of the Canadian 
    and draft ISO standards.
    3. Notice and Opportunity To Comment
        The Alliance petitioned the agency to reconsider the strength test 
    procedures and requirements for tether anchorages and the lower 
    anchorages of a child restraint anchorage system. The Alliance argues 
    that the agency included these provisions in the final rule without 
    first giving the public an opportunity to comment on the provisions and 
    thus violated the informal rulemaking provisions of the Administrative 
    Procedure Act. The Alliance states that:
    
    [T]he test procedures and strength requirements for the top tether 
    anchors and the test procedures for lower anchors were neither 
    proposed in the NPRM nor logically grow from it. The NPRM published 
    on February 20, 1997 discussed the strength requirement and test 
    procedure for top tethers in Part 571.210b, Section S4.4. It states 
    ``. . . the tether anchorage with the tether anchorage hardware 
    installed shall, when tested in accordance with S5, withstand a 
    force of 5,300 N. There shall be no complete separation or failure 
    of any anchorage component.'' The final rule, in Section 6.3 imposes 
    a 125 mm deflection requirement that was not proposed or discussed 
    in the NPRM. In addition, the final rule, in Section 8 imposes a 
    test procedure that applies a 15,000 N force to a test fixture which 
    was not proposed or discussed in the NPRM.
        The NPRM discusses the test procedure for lower anchorages in 
    Part 571.210a, Section S5. It states ``Test each lower anchorage 
    separately, with or without connectors provided with the vehicle. 
    Apply a force of 5,300 N to each anchorage in the forward horizontal 
    direction . . .'' The final rule, in Section 11, imposes a test 
    procedure which applies an 11,000 N force to a test fixture. This 
    test procedure is not proposed or discussed in the NPRM.
    
        The agency disagrees with the Alliance. The test method adopted in 
    the final rule is similar to one of two alternative test methods 
    discussed in the NPRM in connection with assessing the real-world 
    performance of child restraint anchorage systems. The first approach 
    was to apply test forces to all anchorages, simultaneously, by means of 
    a child restraint. This method would also have tested child restraints 
    for compliance with Standard No. 213 by attaching the child restraint 
    to an actual vehicle anchorage system. Testing actual vehicle anchorage 
    systems with actual child restraints would have increased the real-
    world representativeness of the test method. However, in the section of 
    the NPRM entitled ``Proposal for New Vehicle Standard, Highlights of 
    Proposal,'' we acknowledged that there were difficulties with this 
    approach:
    
        If vehicles were tested with actual child seats, and vice versa, 
    and if a vehicle anchorage system, for example, were found to fail 
    the proposed requirements, an issue could arise as to whether the 
    failure was with the vehicle system, or with the child seat attached 
    to the vehicle system. To avoid this complication, the compliance 
    tests must be as controlled as possible to remove unknown influences 
    on the performance of regulated parts.
    
    62 FR 7870.
        Because NHTSA was concerned that testing a vehicle anchorage system 
    with an actual child restraint could possibly introduce factors that 
    could complicate enforcement efforts, the agency tentatively rejected 
    that alternative. We favored an alternative approach, which was to test 
    each anchor of a child restraint anchorage system individually by 
    attaching a belt strap to the anchor and pulling it at a specified 
    force. We discussed in the NPRM our tentative conclusion that this 
    alternative would replicate real-world performance, but acknowledged 
    that this approach also had limitations:
    
        A potential but seemingly necessary limitation in the proposed 
    compliance tests is that the vehicle system is statically tested by 
    devices that replicate the loads imposed by a child seat, and a 
    child restraint is dynamically tested on a seat assembly simulating 
    a vehicle seat. That is, an actual vehicle anchorage system would 
    not be tested with an actual child restraint, and vice versa. This 
    is to avoid possibly complicating enforcement efforts if an apparent 
    failure arises in a compliance test. . . .
        While the actual vehicle-to-child seat attachment would not be 
    tested, NHTSA believes that the performance obtained in the 
    compliance test will reflect the real-world performance of the 
    anchorage system and the child restraint. This is because the 
    geometry of the belts and latchplates primarily responsible for the 
    vehicle-to-child seat interface would be precisely specified by this 
    proposal. These components would have to be provided on vehicles and 
    child seats precisely as specified in the standards. In turn, these 
    components, in the same geometry as that specified in the standards, 
    would be used in the compliance tests. Thus, the vehicle-to-child 
    seat interface should be adequately tested.
    
    Id.
        Since use of the straps would avoid the problems associated with 
    use of child restraint systems, although at the cost of some loss of 
    real-world representativeness, we proposed a strength requirement and a 
    static pull test for the tether anchorage that were the same as the 
    then-Canadian proposal for user-ready tether anchorages. The agency 
    proposed that the anchorage would have to withstand a force of not less 
    than 5,300 N, applied to the tether anchorage by a belt strap (see I.a. 
    of this preamble, supra, for discussion of the provisions for the 
    strength requirements in the NPRM and final rule). In the section of 
    the NPRM entitled ``Proposal for New Vehicle Standard, Performance,'' 
    the agency requested comments ``on whether more specificity is needed 
    for these strength requirements and on whether other performance 
    requirements should be included in the standard.'' 62 FR 7873.
        In the final rule, we decided to apply the test forces to child 
    restraint anchorage systems by means of surrogates for child restraint 
    systems. We adopted use of the surrogates because they better simulate 
    the real-
    
    [[Page 47573]]
    
    world interaction between a child restraint and the vehicle anchorages 
    than testing the anchorages individually by means of a belt strap.
        The adopted approach is very similar to the one we tentatively 
    rejected in the NPRM, i.e., the one that used actual child restraint 
    systems to apply the test forces. We had tentatively rejected that 
    approach out of concern that using child restraints in the compliance 
    test would introduce too many additional variables into the compliance 
    testing process. The decision to substitute child restraint surrogates 
    for actual child restraint systems adequately addressed the problem of 
    uncontrollable factors. The surrogates, called ``static force 
    application devices (SFADs)'' in the final rule, distribute the forces 
    generated in a crash as a child restraint does in dynamic crash 
    testing. However, because they are controlled test devices, their use 
    in compliance testing does not introduce the same potential concerns 
    noted above that using an actual child restraint could pose. In the 
    final rule, thus, we balanced the concerns underlying the interest 
    expressed in the NPRM in using actual child restraints to more 
    assuredly obtain test results related to real world performance with 
    the concerns also expressed in the NPRM in having the test be as 
    controlled as possible to remove unknown influences on the test 
    results.11
    ---------------------------------------------------------------------------
    
        \11\ Standard No. 210 also uses test devices to apply test loads 
    to seat belt assembly anchorages. The devices are a pelvic body 
    block that represents a human pelvis and a torso block that 
    represents a human upper torso. Prior to our March 1999 final rule, 
    seat belts and seat belt anchorages were the standardized anchorage 
    system used to anchor child restraints in vehicles. The approach 
    taken by our March 1999 final rule, to use a test device to apply 
    the loads, is logically related to the method now used to test the 
    current anchorage system for child restraints.
    ---------------------------------------------------------------------------
    
        The use of child restraint surrogates to test child restraint 
    anchorage systems in vehicles was strongly supported by the commenters. 
    Many vehicle manufacturers suggested that applying the load, by way of 
    a child restraint surrogate, to all three anchorages simultaneously 
    better evaluates how the tether anchorage would perform in the real 
    world than by testing the anchorages individually. GM suggested that 
    using a test fixture representative of a child restraint to apply a 
    test force is a more relevant measure of child restraint excursion than 
    the proposal. The fixture it suggested was the SFAD 1 fixture (which GM 
    calls ``the Structural Fixture'') ultimately adopted by our final rule. 
    ``By using the Structural Fixture, the displacement of the CRS [child 
    restraint system] due to structural deformation of the anchorages is 
    more accurately demonstrated.'' (GM comment, page 8, and Attachment E 
    thereto, page 1, May 21, 1997, Item No. 96-095-N03-027 in Docket No. 
    96-095-N03.) GM and Ford suggested that loading all three anchorages at 
    one time (the two lower anchorages and the top tether anchorage) is the 
    most appropriate method to evaluate in a static load test how a child 
    restraint will perform dynamically in limiting forward excursion.
        The fixtures we selected were jointly developed by the vehicle 
    manufacturers and Transport Canada for use in testing child restraint 
    anchorages in Canadian vehicles. Similar to this agency, Transport 
    Canada will use the SFAD 1 fixture to test tether anchorages at a 
    seating position that does not have the lower bars of a child restraint 
    anchorage system. (The fixture is attached at its bottom, at the 
    vehicle seat bight, by the vehicle's seat belt.) The other fixture, 
    ``SFAD 2,'' will be used to test tether anchorages at a seating 
    position that has the lower bars of a child restraint anchorage system. 
    SFAD 2 is from the draft ISO standard ISO/DIS 13216-1. Both of these 
    fixtures were discussed for use in Canada's tether anchorage regulation 
    at a September 11, 1998 meeting between Canadian and US representatives 
    of vehicle and child restraint manufacturers and Canadian officials. 
    The meeting was organized by the Canadian Vehicle Manufacturers' 
    Association (CVMA). We placed a memorandum describing what we were 
    informed about the meeting into the docket; see 96-95-N3-00071, dated 
    October 31, 1997, as corrected in 96-95-N3-00071A, dated July 20, 1999.
        The magnitude of the load that is to be applied to each test 
    fixture (15,000 N) is essentially equivalent to the magnitude of the 
    load that was proposed in the NPRM. Applying a horizontal 15,000 N 
    force to the SFAD 1 fixture, which in turn applies the load to three 
    anchor points on the vehicle (one of which is the tether anchor), 
    results in a horizontal force of about 5,400 N applied to the tether 
    anchorage, assuming no interference of the fixture with other vehicle 
    components. This was explained in the final rule, 64 FR 10808. (``This 
    final rule has increased this [the proposed strength requirement of 
    5,300 N applied horizontally to an individual anchor] to 15,000 N to 
    reflect the use of the fixture in testing tether anchorages.'') 
    Applying a horizontal 15,000 N force to SFAD 2, which in turn applies 
    the load to three anchor points on the vehicle, results in a horizontal 
    force of about 7,000 N applied to the tether anchorage, which is only 
    about 30 percent higher than the horizontal 5,300 N proposed in the 
    NPRM. In addition, as noted in the preamble to the final rule, we also 
    chose the force level because test data indicated that it is needed to 
    help ensure that tether anchorages will be able to bear the loads 
    generated by children in forward-facing child restraints (64 FR 10808).
        In the final rule, we adopted a performance measure based on the 
    amount of deflection, i.e., it specified that tether anchorages must 
    not deflect such that a point on a test fixture moves more than 125 mm 
    during the application of test forces. We adopted the deflection limit 
    because it is a more objective measure of performance than the 
    requirement originally proposed in the NPRM, i.e., that an anchorage 
    ``withstand'' the required force. The NPRM expressly requested comments 
    as to whether the ``withstand'' requirement and the other strength 
    requirements should be more specific, i.e., more objective. 62 FR 7873. 
    GM suggested in its comment to the NPRM that measuring movement of the 
    child restraint test fixture is a more relevant measure of child 
    restraint excursion. GM suggested in its comment that a final rule 
    require that a ``point I'' on the fixture must not displace more than 
    125 mm longitudinally from its initial position. Finally, the 125 mm 
    deflection requirement was proposed in the NPRM as the proposed 
    performance requirement for the two lower anchorages of the child 
    restraint anchorage system. Because those lower anchorages and the 
    tether anchorage together constitute a ``child restraint anchorage 
    system,'' it was a logical outgrowth of the NPRM that all three are 
    subject to the same deflection limit as a measure of acceptable 
    performance. By giving the public notice of the subjects and issues 
    being considered, and adopting changes that are a logical outgrowth of 
    the NPRM, the agency fully satisfied the requirements of the 
    Administrative Procedure Act.
        With regard to the lower anchorages, we proposed that they could 
    consist of either a flexible latchplate system or a rigid bar anchorage 
    system (the system permitted by the draft ISO standard). Since the 
    testing of those systems presented essentially the same problems as 
    testing tether anchorages, we resolved those problems in the same way. 
    We tentatively rejected the use of child restraint systems to apply 
    test forces simultaneously to the lower anchorages and proposed instead 
    to apply test forces separately by means of a strap. Further, our 
    statements in the NPRM provided notice that we were determining the 
    appropriate level of
    
    [[Page 47574]]
    
    performance to mandate for the lower anchorages, and that the 
    requirements and procedures of the draft ISO standard were being 
    considered.
        In response, a number of commenters urged us to adopt use of the 
    test fixture, representing a child restraint system, specified in the 
    draft ISO standard for the purpose of applying an 8,000 N force to the 
    lower anchorages. Comments were also provided on the levels of force 
    that should be applied to the anchorages, and the length of time those 
    should be held.
        The procedures and requirements we adopted for the lower anchorages 
    are a logical outgrowth of the proposal. The test procedures we adopted 
    for testing the rigid bars are directly based on those in the draft ISO 
    standard. These procedures include use of a test fixture that applies 
    test loads to the two lower anchorages simultaneously, rather than 
    individually. For the reasons discussed above with respect to tether 
    anchorages, use of a test fixture is preferable both to testing the 
    lower anchorages separately using a strap and to testing them 
    simultaneously using actual child restraint systems. Finally, the 
    magnitude of the load that the final rule applies to the lower 
    anchorages simultaneously by way of the fixture (11,000 N) is almost 
    the same as the sum of the horizontal loads (10,600 N) that we proposed 
    in the NPRM for testing the strength of the lower anchorages (5,300 N 
    applied horizontally to each lower anchorage). We note that that force 
    level is also supported by test data (see discussion in preamble to 
    final rule, 64 FR 10805).
        The Alliance also states that we did not provide notice and an 
    opportunity to comment on the requirement in the final rule to provide 
    three tether anchorages. The petitioner states:
    
        The agency proposal would have had the effect of requiring only 
    two tether anchors, at seating positions with lower anchors. Thus 
    the agency has provided no notice of a requirement for a third 
    anchor at the center seat position, and no lead time.
    
    We disagree with the Alliance that about the adequacy of notice. The 
    NPRM requested comments on the number of anchorage systems we should 
    require. The agency stated in the NPRM:
    
        There was no consensus among the [14 rulemaking] petitioners as 
    to the number of child restraint anchorage systems that should be 
    required and where in the rear they should be. Many believe that the 
    system should be installed at each of the outermost designated 
    seating positions of the second row (and a tether anchorage in the 
    rear lap-belt center position). The Japanese vehicle manufacturers 
    believe that only one rear seat position should be required to have 
    the system. Fisher-Price, a child restraint manufacturer, believes 
    that the rear center seating position is recognized as the safest 
    and that the system should therefore be required there. * * * NHTSA 
    has tentatively determined that each vehicle with a rear seat should 
    have at least two rear seating positions that can properly hold a 
    child restraint system. The agency is concerned whether there is a 
    need for an anchorage system at more than two seating positions. 
    NHTSA requests information on this issue, such as demographic data 
    on the number of children in child restraints typically transported 
    in a family vehicle. * * * This proposal does not specify that both 
    anchorage systems would have to be provided at an outboard position. 
    In some vehicles with large interiors, it may be possible to install 
    one of the required systems in a center seating position.* * *
    
    62 FR 7871.
        These statements in the preamble to the NPRM provided clear notice 
    that we were exploring alternatives to the proposed number of required 
    child restraint anchorage systems. The notice specifically raised the 
    issues of requiring a tether anchorage in a center rear seating 
    position, of providing a tether anchorage at the location (center rear 
    seat) preferred by many parents for placing a child, and of how many 
    improved attachment systems are needed. Many commenters addressed the 
    issue of how many seating positions should have a child restraint 
    anchorage system, with most suggesting that an additional (i.e., third) 
    tether anchor should be required (if not a full child restraint 
    anchorage system). From these comments, we learned that many parents 
    will want an improved means of attaching child restraints in the center 
    rear seating position. We did not require that one of the two full 
    child restraint anchorage systems be installed in the rear center 
    position because it may be difficult to fit the lower anchorages of two 
    child restraint anchorage systems adjacent to each other in the rear 
    seat of small vehicles. However, we decided that a tether anchorage at 
    the center rear position will improve the attachment of child 
    restraints at that desired position and will provide parents with 
    flexibility in deciding where they restrain their children. Based on 
    the foregoing, we conclude that requiring a third tether anchorage and 
    one at a center seating position was a logical outgrowth of the NPRM 
    and that the agency fully satisfied the requirements of the APA.
    4. Other issues
        A. Procedures for testing tether anchorages. This section responds 
    to suggestions in some of the petitions for reconsideration for 
    amending the final rule's test conditions and procedures for testing 
    tether anchorages. Some petitioners believe that some of the test 
    conditions and procedures could be clearer and made more objective.
        We have decided to adopt some of the suggestions and not adopt 
    others. The test conditions and procedures discussed in this section of 
    the document are those set forth in S7 and S8 of the final rule to test 
    tether anchorages that are certified as meeting the requirements of the 
    March 1999 final rule. As discussed today in Section III, above, until 
    September 1, 2001, manufacturers have the option of certifying their 
    tether anchorages to the requirements set by Transport Canada. Such 
    tethers will be tested according to the conditions and procedures in 
    the Canadian standard.
        The Alliance suggests several changes to S8.1 of the final rule, 
    which specifies how the 15,000 N force will be applied to the tether 
    anchorage. Petitioner suggests that the initial angle of pull specified 
    in S8.1.(c)(2) should be 10 5 degrees, rather than ``not 
    more than 5 degrees.'' Petitioner explains that the angle of pull in 
    the final rule can cause the force application cable to rub on the SFAD 
    test device, thus potentially affecting the force on the tether strap. 
    NHTSA has made the suggested change. Interference of the SFAD on the 
    cable could affect the loads that are actually applied to the tether 
    anchorage, which is undesirable. Increasing the angle of pull to 10 
    5 degrees, from not more than 5 degrees, will eliminate the 
    potential for interference and will not significantly affect the 
    magnitude of the load applied to the device (the horizontal component 
    of the applied load may be reduced by about 3 percent).
        The Alliance suggests other changes to the manner in which the test 
    force is applied to the tether anchorage. Petitioner suggests that 
    S8.1(c)(3) be amended to clarify that the requisite force is held for 
    one second, and not longer. We have made this change. Petitioner also 
    suggests that S8.1(c)(3) should permit manufacturers to select the time 
    period for application of the test force, as long as it is within the 
    30-second time limit. Such an amendment would permit the manufacturer 
    to load the tether anchorage with the maximum 15,000 N load in a short 
    period of time (relative to the 30-second time limit), e.g., 3 to 5 
    seconds. The petitioner states that Canada allows the vehicle 
    manufacturer to select the time period for application of the test 
    force, as long as the period is within the 30-second time limit, and 
    will use the manufacturer's selected force application time period in 
    compliance
    
    [[Page 47575]]
    
    testing. (We have confirmed with Transport Canada that this is 
    correct.)
        The Alliance also questioned the absence of a specified rate of 
    increase of force during the test:
    
        Because S8.1(c)(3) does not specify a linear increase in force 
    (or any other force/time profile), . . . [does] the agency mean to 
    specify a linear increase in force? Or does the agency intend to 
    include an infinite number of force application variations, 
    including increasing the force to just below the full load in less 
    than 1 second, and then holding at that level for the remainder of 
    the 30-second force application time? The results of such a force 
    application would vary significantly from a linear increase in 
    force.
    
        We agree with the Alliance that, as written, this provision would 
    allow the agency to test compliance at a variety of force onset rates 
    and force/time profiles. While we believe that we could legitimately 
    provide for such variation, we are amending S8.1(c)(3) to provide for a 
    more specific rate of force application. Today's document specifies 
    that we will increase the pull force as linearly as practicable, from 
    the pre-load pull force of 500 N to the full force application of 
    15,000 N in 27  3 seconds, (i.e., not less than 24 seconds 
    and not more than 30 seconds).12 This means that the 
    compliance test laboratory will be instructed to attempt to increase 
    the force at a constant rate, but that variations due to the 
    limitations of the test equipment or the characteristics of the vehicle 
    will not invalidate the test. Equivalent changes will be made to S11 
    concerning the rate of force application for testing the lower bars of 
    child restraint anchorage systems.
    ---------------------------------------------------------------------------
    
        \12\ Standard No. 210 does not provide any specific rate of 
    force increase, linear or otherwise. However, as set forth in our 
    Laboratory Test Procedure for Standard No. 210, we have conducted 
    our compliance tests using a linear increase in force over a 25-
    second period.
    ---------------------------------------------------------------------------
    
        We are denying petitioner's request that manufacturers be permitted 
    to specify the force application rate because we believe that the force 
    should be applied at a constant rate for as long a time period as 
    possible. This is to assure that the test adequately measures the 
    strength of the anchorage. Metal structures generally can withstand 
    greater forces under a faster rate of application than under a slower 
    one. This means that an anchorage that fails when the required force is 
    reached after 30 seconds might not fail if the required force is 
    reached in a very short period of time. Adopting the petitioner's 
    request could allow the use of weaker anchorages, resulting in a 
    possible reduction in safety. However, we will permit manufacturers who 
    have chosen the option of complying with the Transport Canada 
    requirements to specify the rate of load application during the interim 
    period. Manufacturers have been designing tether anchorages to meet the 
    Canadian requirement and will need time to reassess and possibly 
    reinforce the anchorage to meet the load requirement of our March 1999 
    final rule when the load is applied over a 27 3 second 
    period. We will provide them the needed leadtime, i.e., until September 
    1, 2001. On or after September 1, 2001, we will achieve the 15,000 N 
    load by increasing the load at an approximately constant rate over a 27 
    3 second period.
        The Alliance also refers to a December 30, 1970 NHTSA 
    interpretation letter to Mr. Shuman of International Harvester Company 
    on the force application rate in Standard No. 210 to support 
    petitioner's view that the force application rate in Standard No. 225 
    is unrealistically long. Petitioner believes that the letter indicates 
    that we believed there is no significant difference between applying 
    the Standard No. 210 force in 0.1 seconds and holding it for 10 seconds 
    and holding the force for 39.9 seconds. Petitioner asks: ``Does the 
    agency now maintain that there is no significant difference between 
    applying peak forces for 1 second and applying peak forces for 30.9 
    seconds? If so, why does the agency specify unrealistically long force 
    application and hold times?'
        The International Harvester letter concerns Standard No. 210's 
    specification that the force applied to seat belt anchorages is applied 
    within 30 seconds, and held at the maximum force level for 10 seconds. 
    The letter enunciates the position that if an anchorage is strong 
    enough to withstand the maximum force level of Standard No. 210 for 10 
    seconds when the required force is attained in 0.1 seconds, the 
    anchorage will likely be able to withstand the force held at 10 seconds 
    when the force is applied in a constant rate over about 30 seconds. 
    Even if this is correct in the context of Standard No. 210, the same 
    can not be assumed for child restraint tether anchorages. The force 
    applied to these anchorages is held for only 1 second, rather than 10 
    seconds. Because metal structures can generally withstand greater 
    forces under a faster rate of application than under a slower one, 
    there is a margin of safety incorporated into the load application rate 
    of Standard No. 225 to increase the likelihood that the anchorage will 
    not fail even under the most severe crash conditions.
        The Alliance states that S8 specifies that the tether strap 
    attached to the test fixture is permitted too much variation in 
    elongation to objectively test the tether anchorage. The petitioner 
    suggests that a narrow range of elongation be specified, such as 
    between 7 and 9 percent at a force of 11,000 N. We have addressed this 
    concern by amending S8 to provide that a steel cable will be used to 
    attach the SFAD to the tether anchorage. The elongation of a steel 
    cable under load is both minimal and predictable.
        The Alliance suggests that a tether hook be used to attach the 
    strap to the tether anchorage, rather than a ``bracket.'' Petitioner 
    states that without an objective bracket specification, manufacturers 
    cannot determine how the device will apply loads along the anchor 
    (e.g., along the entire anchor or concentrated at the center). However, 
    the Alliance states, attempts by vehicle manufacturers to apply test 
    forces specified in the final rule frequently break typical tether 
    hooks. NHTSA has amended S8 to specify use of a tether hook. The hook 
    that we will use will have the same overall dimensions as tether hooks 
    on child restraints, but will be made of high strength steel. Tether 
    hooks are required by S5.9(b) of Standard No. 213 to meet specified 
    configuration and geometry requirements.
        With regard to the comment that tether hooks have broken under the 
    test loads specified in the final rule, we note that Transport Canada 
    has conducted tests that have not resulted in such breakage. In recent 
    tensile strength tests performed by Transport Canada, tether hooks were 
    able to sustain much higher loads than the loads expected in the test 
    specified by the final rule. Three hooks from each of four 
    manufacturers were tested to failure by applying a static tensile force 
    at an onset force rate of 135,000 N/s with a target load of 6,500 N and 
    held for a duration of 10 seconds. The average maximum loads observed 
    ranged from 8,870 N to 11,800 N. These loads are substantially higher 
    than the ones specified in the final rule. (These data were presented 
    by Transport Canada at a meeting with manufacturers, importers and 
    interested parties in Ottawa, Ontario, on March 30, 1999. A copy of 
    these data has been placed in the docket for our March 5, 1999 final 
    rule, 98-3390, notice 2.)
        The Alliance petitioned for reconsideration of the 125 mm 
    displacement limit specified in S6.3.1(a) and in S6.3.2 for the tether 
    anchorage. As discussed in Section I of this document, the Alliance has 
    stated that 125 mm displacement limit was adopted without providing the 
    public notice of it and an opportunity to
    
    [[Page 47576]]
    
    comment. We responded to this comment in Section III, supra. Further, 
    we believe that the displacement limit is preferable to the alternative 
    that the tether anchorage ``withstand'' the required forces because a 
    displacement limit is far more objective than the latter in determining 
    whether an anchorage met the performance criteria. The petitioner also 
    states that the requirement is unclear:
    
        It is not clear whether the agency will measure displacement 
    only in the direction of the tether strap, or if the total resultant 
    displacement calculated by combining displacement in all three 
    dimensions is intended. It is also not clear if the reference point 
    for the displacement is to be taken before or after the application 
    of the 500 N pre-load force. It is also unclear whether the maximum 
    displacement is measured under load or after the load is released.
    
        NHTSA has amended S6.3.1 to specify that we will determine the 
    displacement for the tether anchor by measuring the horizontal 
    excursion of point X on the test device. The reference datum for this 
    measurement is where point X is located after preloading the SFAD with 
    a preload force of 500 N. From that datum, the displacement is the 
    total horizontal excursion that point X experiences during the loading. 
    This is consistent with the displacement criterion for the lower 
    anchorages. Standard No. 225 specifies that point X on SFAD 2 must not 
    be displaced more than 125 mm from where point X was after preloading.
        The Alliance petitions to amend S6.2 to provide that the location 
    of a tether anchorage is found using the design H-point for a seat 
    position, rather than the actual H-point of the seat. The latter point 
    is determined using a three-dimensional H-point machine (3-Dimensional 
    seating manikin). The petitioner believes that ``[b]ecause of 
    variability in position of the 3-Dimensional Seating Manikin when 
    installed by different individuals and laboratories, the actual H-Point 
    as determined with the Manikin will also vary in location with respect 
    to the `design H-Point' for that seat position. These variations also 
    occur, in part, because of the poor fit of the Manikin in certain 
    seating positions, and differences in trim materials (e.g., cloth vs. 
    leather). Because of this inherent variability, the NHTSA procedure 
    does not objectively measure the proper position for a tether 
    anchorage.''
        We disagree with the petitioner's concerns about the 3-dimensional 
    seating manikin and its use in the standard's test procedure to locate 
    the H-point of a vehicle seating position. We have not encountered 
    variability problems in our tests using the manikin. The manikin is 
    presently used in Federal Motor Vehicle Safety Standard No. 208, 
    ``Occupant Crash Protection'' (49 CFR 571.208), to determine the H-
    point of a seating position for positioning Hybrid III test dummies (49 
    CFR part 572, subpart E) in Standard No. 208 crash tests. It is also 
    used in Federal Motor Vehicle Safety Standard No. 214, ``Side Impact 
    Protection'' (49 CFR 571.214), to determine the H-point for positioning 
    side impact test dummies (49 CFR part 572, subpart M). Manufacturer's 
    representatives are usually present during our compliance tests for 
    these standards and are asked to check the dummy's positioning prior to 
    a test. The 3-dimensional seating manikin produces dummy positioning 
    equivalent to that obtained by manufacturers using the device in their 
    own test laboratories. Further, the manikin produces repeatable results 
    when used repeatedly in the same vehicle. We also believe that using 
    the 3-dimensional machine results in an H-point measurement that is 
    more representative of the real world than the H-point obtained through 
    use of the alternative suggested by the Alliance. This is because the 
    3-dimensional machine compresses the actual seat and provides a more 
    realistic H-point than that achieved on paper using the 2-dimensional 
    template. Further, it should also be noted that the position of the H-
    point obtained using the 3-dimensional seating manikin is very close to 
    the H-point obtained using the 2-dimensional template. To the extent 
    needed, manufacturers can compensate for and design around the small 
    differences. Because we believe that the 3-dimensional seating manikin 
    yields data that are highly repeatable and reproducible and more 
    realistic than those obtained by the 2-dimensional template, the 
    request to specify the template is denied. (We are, however, specifying 
    that the template may be used during the two-year interim period as 
    part of the option allowing manufacturers to meet Canadian requirements 
    for the tether anchorages. Canada uses the template to determine the 
    location of tether anchorages.)
        The Alliance suggests that the tether anchorage test procedure of 
    S8.1(b) be amended by adding an instruction for adjusting the fore-aft 
    position of the rear attaching bars of the test device used to test a 
    tether anchor at a seating position with a child restraint anchorage 
    system (the test device referred to as SFAD 2). We have added the 
    suggested instruction to S8.1(b). Petitioner also suggests that the 
    shape of the SFAD 2 attachments that contact the lower anchor bars be 
    specified because the shape could affect the outcome of the test. We 
    have modified Figure 17 of the standard to show in Detail B that the 
    rear of the slot in the SFAD 2 connecting arms has a diameter of 6.5 
    mm. The petitioner also suggests that a stiffness specification for 
    SFAD 2 be added as in the draft ISO standard, to ensure that the test 
    fixture is sufficiently strong to withstand the forces in the test. We 
    have added a stiffness specification, from the draft ISO standard, to 
    Figure 17.
        Volkswagen (VW) petitioned to change the test device used to test a 
    tether anchor at a seating position that does not have the lower 
    anchorages of a child restraint anchorage system (the test device 
    referred to as SFAD 1). The vehicle's belts are used to attach SFAD 1 
    to the vehicle seat at the seat bight. A cable is used to attach the 
    top of SFAD 1 to the tether anchorage. VW states that ``[s]ome testing 
    has indicated that the design of the fixture interferes with belt 
    system routing requirements or geometry such that the stiff portion of 
    the buckle sits at the opening of the fixture rather than being inside 
    or outside the opening.'' The petitioner suggests that the SFAD 1 
    openings for the belt routing be consistent with the fixture in the 
    Society of Automotive Engineers (SAE) Recommended Practice J1819, 
    ``Securing Child Restraint Systems in Motor Vehicle Rear Seats.'' J1819 
    specifies a common reference tool, a ``Child Restraint System 
    Accommodation Fixture,'' that approximates a child restraint system. 
    Both vehicle and child restraint manufacturers can use the fixture to 
    assess the degree to which their products are compatible.
        NHTSA has addressed VW's comment by amending S8.1(b) of the final 
    rule to specify that if SFAD 1 cannot be attached to the vehicle seat 
    using the belts because of the location of the vehicle belt buckle, the 
    vehicle belt will not be used. Instead, SFAD 1 will be attached by 
    material whose breaking strength is equal to or greater than the 
    breaking strength of the webbing for the seat belt assembly installed 
    as original equipment at that seating position. We also specify that 
    the geometry of the attachment must duplicate the geometry, at the pre-
    load point, of the attachment of the originally installed seat belt 
    assembly. These provisions are essentially the same as those specified 
    in Standard No. 210, ``Seat Belt Assembly Anchorages.'' We believe 
    these provisions address VW's concern, while providing more flexibility 
    to address the problem VW describes than
    
    [[Page 47577]]
    
    the approach suggested by VW. Our adopted approach will not affect the 
    outcome of the assessment of the tether anchor's strength.
        Toyota suggests amending the provision that states that, for the 
    purpose of testing a tether anchorage at a seating position that has a 
    child restraint anchorage system, place the seat back in its most 
    upright position:
    
        When the seat back is placed in its most upright position, in 
    some vehicle seats the SFAD 2 cannot attach to the lower anchorages. 
    In the real world, if a CRS [child restraint system] cannot attach 
    to the anchorages, we believe the vehicle owner will adjust the seat 
    back such that the CRS can be attached. Therefore, Toyota requests 
    that the agency amend S7(a) * * * to allow for adjustment of the 
    seat back for cases where the SFAD 2 cannot be attached to the lower 
    anchorages with the seat back in its most upright position.
    
    To address Toyota's concern, we have added a statement to S7(a), which 
    states:
    
        When SFAD 2 is used in testing and cannot be attached to the 
    lower anchorages with the seat back in this position, adjust the 
    seat back as recommended by the manufacturer in its instructions for 
    attaching child restraints. If no instructions are provided, adjust 
    the seat back to the position that enables SFAD 2 to attach to the 
    lower anchorages that is the closest to the most upright position.
    
        B. Issues relating to the application of the standard. Several 
    petitioners ask us to reconsider the application of the standard to 
    certain vehicle types or seating positions, or ask for clarification of 
    the applicability of particular requirements. The Alliance asks that 
    the rule be amended to specify that the requirements of the standard 
    only apply to forward-facing rear designated seating positions, and not 
    to rearward-or side-facing rear seats. The petitioner states that 
    neither of the latter types of seats are recommended for child 
    restraint installation, so the requirement for the installation of 
    child restraint anchorage systems or tether anchorages should not apply 
    to them. The agency agrees and has amended the provisions of S4 of the 
    final rule to make clear that rear-and side-facing seats are not 
    counted in determining the number of required anchorages.
        The Alliance asks us to confirm that a convertible that has no rear 
    designated seating position or which has an on-off switch for the 
    passenger air bag will only have to have lower anchorages in the front 
    passenger seating position, and not a tether anchorage. This is 
    partially correct. Vehicles that have no rear designated seating 
    position, and no on-off switch, are generally required to have a tether 
    anchorage at the front passenger seat (see, e.g., S4.4(c)). 
    Convertibles, however, are excluded on practicability grounds from the 
    requirement to have a tether anchorage (S5(a)). Thus, a convertible 
    with no rear designated seating position, and no on-off switch, is not 
    required to have a tether or a child restraint anchorage system in the 
    front passenger seat. Vehicles that have no rear designated seating 
    position but which have an on-off switch are generally required to have 
    a child restraint anchorage system in the front passenger seating 
    position (S5(c)(1)). Again, however, because convertibles are excluded 
    from the requirement to have a tether anchorage (S5(a)), a convertible 
    with no rear designated seating position and an on-off switch is 
    required to have the lower anchorages of a child restraint anchorage 
    system in the front passenger seating position, but is not required to 
    have a tether anchorage at that position. We have added language to 
    S5(c) to clarify these requirements.
        Global Vehicle Services, Corporation asks us to clarify the 
    provisions of the standard as they apply to vehicles that have received 
    temporary exemptions under 49 CFR Part 555 from the requirement in 
    Standard No. 208 that an air bag be provided for the front passenger 
    seating position. This and other requests for reconsideration of 
    S5(d)'s prohibition against placing a child restraint anchorage system 
    in an air bag-equipped front passenger seating position will be 
    addressed in the next document we will be publishing in response to the 
    petitions for reconsideration.
        The Coalition of Small Volume Automobile Manufacturers, Inc. 
    (Cosvam), asks us to reconsider the requirement that vehicles without 
    any rear designated seating position (and without an air bag on-off 
    switch) must be equipped with a tether anchorage at each front 
    passenger seating position (see, e.g., S4.4(c)). Cosvam asks that we 
    permit manufacturers to label the vehicle as ``unsuitable for child 
    seats'' and exclude so labeled vehicles from requirements to have a 
    tether anchorage. Cosvam said it believes that, because manufacturers 
    know their vehicles better than anyone else, and are ultimately held 
    responsible for issues involving vehicle design and performance, they 
    should be permitted to decide whether the use of a child restraint is 
    appropriate in their vehicles.
        NHTSA is denying this request. We are concerned that child 
    restraints could be used in vehicles that do not have rear seating 
    positions, but have air bags at front passenger seating positions. Our 
    rule prohibits the installation of a full child restraint anchorage 
    system at the front seating position if the vehicle does not have an 
    on-off switch. The purpose of this prohibition is to reduce the 
    likelihood that a child restraint system would be used in the front 
    seat. However, because there could be parents who would use the 
    vehicle, notwithstanding the lack of a child restraint anchorage 
    system, to transport their children, we decided to require the 
    installation of a tether anchorage. The provision to which Cosvam 
    objects is primarily for the benefit of toddlers in forward-facing 
    child restraints. In the event the vehicle were used to carry these 
    toddlers, a tether anchorage would help keep the child restraint and 
    the restrained child as far as possible from a deploying air bag. 
    (NHTSA has received a number of telephone calls from owners of vehicles 
    with no rear seat asking for help in installing child restraints in 
    front seats.) A tether anchorage would be very helpful in reducing head 
    excursion toward the dashboard in the event of a crash. Further, 
    although we encourage vehicle manufacturers to fully inform potential 
    buyers of possible incompatibility problems between their vehicles and 
    child restraints, we are concerned that Cosvam's suggestion that the 
    vehicles in question should be permitted to be labeled as not suitable 
    for child restraints may not dissuade some parents from using the 
    vehicle to carry children. Parents do in fact use sports cars to 
    transport children in child restraint systems. NHTSA has received a 
    number of phone calls from owners of sports cars wanting to know which 
    child restraint system fits best in their vehicles. We believe that a 
    tether anchorage should be provided in these vehicles to improve the 
    securement of the child in the event the toddler is transported in the 
    vehicle. Accordingly, this request is denied.
        Several petitioners ask us to reconsider the requirement in S9.3, 
    Adequate fit of the lower anchorages, that each vehicle and each child 
    restraint anchorage system in that vehicle must be designed such that 
    the child restraint fixture (CRF) specified in the standard can be 
    placed inside the vehicle and attached to the lower anchorages of each 
    child restraint anchorage system. Cosvam argues that this requirement 
    amounts to a ``prohibited design standard,'' and would require the 
    manufacturers of sports cars and similar vehicles to redesign or 
    eliminate rear seats of those vehicles. Cosvam asks us to add a 
    provision to the rule stating that vehicles having rear seats that 
    cannot accommodate the CRF, but lacking an
    
    [[Page 47578]]
    
    on-off switch for the air bag, need have neither a tether nor child 
    restraint anchorage system in the rear seat of the vehicle, nor a 
    tether anchorage in the front seating position. In other words, they 
    are excluded from the standard. The petitioner states: ``Manufacturers 
    should be permitted to exclude `small rear seat vehicles' because they 
    are, from a child restraint point of view, the same as vehicles without 
    rear seats.''
        American Honda states in its petition that it can be very difficult 
    or impossible to get the CRF into the rear seating area of some 
    vehicles, such as small two-door cars. The commenter states that the 
    draft ISO standard (which developed the CRF and the procedures for its 
    use) specifies that ``To facilitate installation of the CRF in a 
    vehicle seat, the CRF may be constructed of smaller parts and assembled 
    in the vehicle seat. Alternatively, vehicle components maybe removed to 
    allow access.'' Honda requests that similar language be added to 
    Standard No. 225. Honda also states ``From a practical standpoint, we 
    believe that child restraints will be offered in various sizes, 
    including child restraints that are somewhat smaller than the CRF for 
    use in small vehicles. * * * Thus, if the CRF, in its full shape and 
    size, can be fitted to the lower anchorages, we believe it is not 
    important whether the CRF had to be assembled in place or some vehicle 
    components (e.g., front seat) had to be removed to facilitate getting 
    the CRF into the seat position where the lower anchorage fit was being 
    checked.''
        Toyota, in its petition for reconsideration, states that some of 
    the rear seating positions in some carlines can not accommodate the 
    CRF, but are able to accommodate existing child restraints and will be 
    able to accommodate new child restraints that will use the child 
    restraint anchorage system. Toyota suggests that we exclude vehicles 
    that cannot accommodate the CRF, due to a lack of rear seating space, 
    from the fit requirements of S9.3, as long as the lower anchorages that 
    are required to be installed are designed to accommodate the lower 
    anchorages of the CRF.
        We are amending S9.3 along the line suggested by Honda and not 
    adopting the suggestions of Cosvam and Toyota. We agree that S9.3 as 
    currently written could result in unnecessary design changes for some 
    vehicles. The CRF is larger than many child restraint systems. Even if 
    the CRF does not fit in a vehicle's rear seat, there will likely be 
    child restraint models that will be small enough to fit. Accordingly, 
    we are amending S9.3 to specify that, to facilitate installation of the 
    CRF in a vehicle seat, the side and top frames of the CRF may be 
    removed in order to place it in the vehicle. To illustrate the CRF with 
    the side and top frames removed, we are adding a Figure 1A to the 
    standard. We believe that this approach responds to Cosvam's and 
    Toyota's concerns about the ability of their vehicles to fit the CRF in 
    the rear seating system and makes it unnecessary to exclude vehicles as 
    these petitioners have requested. We do not believe sufficient 
    information has been provided to justify excluding vehicles with one or 
    two designated rear seating positions from the requirement to provide a 
    child restraint anchorage system at those positions. Some parents may 
    use the vehicle to transport children regardless of a label that tells 
    them that the vehicle is unsuitable for child restraints. (See 
    response, above, to Cosvam's request to label vehicles.) A child 
    restraint anchorage system in rear seating positions will provide 
    benefits to the children using them.
        The Alliance asks us to confirm its understanding that the new 
    standard does not apply to tether anchorages and child restraint 
    anchorage systems installed in vehicles not listed in the Application 
    section of the standard (S2). That understanding is correct. We had 
    proposed in the NPRM the issuance of a separate standard establishing 
    requirements for the strength and location of tether anchorages, and 
    the application of this standard to any tether anchorage installed in 
    new passenger cars and multipurpose passenger vehicles, trucks and 
    buses (see proposed Standard No. 210b, 62 FR 7885). However, the final 
    rule applies to vehicles listed in the application section of Standard 
    No. 225, and not to anchorages installed in new vehicles. The Alliance 
    is correct that S4.1 of the standard (which requires that each tether 
    anchorage and each child restraint anchorage system installed, either 
    voluntarily or pursuant to Standard No. 225, in any new vehicle 
    manufactured on or after September 1, 1999, shall comply with the 
    configuration, location and strength requirements of the standard) does 
    not limit the voluntary installation of child restraint anchorage 
    systems or tether anchorages in vehicles not listed in S2 of the 
    standard. Although anchorage systems installed in these vehicles will 
    not be subject to the standard's requirements, they will be subject to 
    our defect authority. Manufacturers would therefore have to ensure that 
    the systems are free of safety-related defects. (The agency encourages 
    manufacturers to ensure that anchorage systems installed in vehicles 
    not subject to Standard No. 225 nonetheless voluntarily meet the 
    performance requirements of the standard to ensure that the systems 
    offer adequate crash protection. A parent is likely to assume that such 
    systems meet minimum performance requirements.)
        The Alliance, and Ford, in a separate petition, ask NHTSA to 
    clarify S4.1 of the standard to permit what petitioners call ``ISO-
    compatible anchorage systems.'' The Alliance explains that:
    
        Installing two child restraint anchorage systems in the two 
    outboard positions of a typical three-passenger rear seat creates a 
    third non-complying ``child restraint anchorage system'' at the 
    center seat position. This anchorage system consists of the tether 
    anchorage and the inboard lower anchors of the two child restraint 
    anchorage systems at the outboard seating positions. This anchorage 
    system sometimes referred to as ISO-compatible, can be used to 
    install child restraints with webbing-based attachment systems, but 
    it does not meet all the technical requirements of the final rule. * 
    * *
        S4.1 appears to prohibit installing child restraint anchorage 
    systems at both outboard-seating positions because doing so would 
    create a non-complying voluntary anchorage system at the center seat 
    position. The essential difference between complying anchorage 
    systems and ISO-compatible anchorage systems is that the lateral 
    spacing of anchors is not 280 mm in an ISO-compatible anchorage. 
    Because of non-standard lateral spacing, ISO-compatible anchorage 
    systems cannot be used to install child restraints using rigid 
    attachments. But these ISO-compatible anchorage systems can 
    typically be used to install child restraints equipped with webbing-
    based round-bar attachments. * * * Because of non-standard spacing, 
    the SFAD 2 cannot be used to test the strength and stiffness of 
    these lower anchors and tether anchor as a system, but the lower 
    anchors would be subject to testing of the anchorage systems for the 
    outboard position. Alliance members would test the center tether 
    anchorage using the SFAD 1 or the 5.3 kN single-strap test.
        Some Alliance members had planned to treat these center anchor 
    systems as voluntary, non-standard anchorage systems and to advise 
    customers that these center positions could be used to secure child 
    restraints equipped with webbing-mounted attachments. No Alliance 
    members plan to test these ISO-compatible anchorage systems as a 
    separate system, because all parts of such a system are subject to 
    testing as a tether anchorage or as part of the outboard child 
    restraint anchorage system. * * *
        The Alliance petitions the agency to clarify S4.1 to allow 
    voluntary ``ISO-compatible'' systems. Such systems should not be 
    subject to the position and spacing requirements of FMVSS 225, 
    provided the manufacturer provides instructions for the proper 
    installation of child restraints in these positions in the vehicle 
    owner's manual. * * *
    
    
    [[Page 47579]]
    
    
        Standard No. 225 does not prohibit the installation of these so-
    called ``ISO-compatible'' anchorage systems. An ISO-compatible system 
    is a system consisting of lower anchorage bars from adjacent, properly-
    designed, child restraint anchorage systems. We do not consider an ISO-
    compatible anchorage system to be a ``child restraint anchorage 
    system'' under Standard No. 225, because it does not have lower 
    anchorages of its own. The strength of the tether anchorage of the ISO-
    compatible system will be tested using the SFAD 1 (attached by the 
    vehicle's belt system at the seating position where the ISO-compatible 
    system is located), or the single-strap (until 2004, see S6.3.2).
        The National Truck Equipment Association (NTEA) asks us to exclude 
    shuttle-type buses from the standard. Petitioner states that these 
    vehicles are most often used as hotel or rental car shuttle vehicles 
    and as paratransit vehicles. Petitioner believes that these vehicles 
    should be excluded because almost all of the seats in them are side-
    facing, and ``[w]e don't know that it is appropriate for child 
    restraint seats to be placed in a side-facing seat.'' NTEA also states 
    that the only forward-facing passenger seats in these vehicles is often 
    the rear bench, which is placed against the back wall of the vehicle. 
    Petitioner believes that there is no practicable method of anchoring 
    the tether strap.
        We agree that it is unlikely that child restraints will be used in 
    shuttle type buses (with side-facing seats along the side perimeter 
    walls of the passenger compartment and whose only forward facing 
    seating positions in the passenger compartment are those along the rear 
    wall of the bus). These buses also have limited use geographically, 
    moving people relatively short distances. A tether anchorage may also 
    be more costly to install in the rear row of these buses, given the 
    proximity of the rear bench to the rear wall of the vehicle. In view of 
    these factors, the combination of higher costs and much lower usage 
    probably makes application of the standard not cost beneficial. We are 
    thus excluding ``shuttle buses'' from the standard. A definition of 
    shuttle bus is added to the standard to read as follows: Shuttle bus 
    means a bus with only one row of forward-facing seating positions 
    rearward of the driver's seat.
        C. Written instructions. The Alliance and Porsche Cars North 
    America petitioned to delete S12 of the standard, which requires 
    vehicle manufacturers to provide written instructions for using the 
    tether anchorage and the child restraint anchorage system in the 
    vehicle. Included among the required instructions are those that 
    provide ``a step-by-step procedure, including diagrams, for properly 
    attaching a child restraint system to the tether anchorages and the 
    child restraint anchorage system.'' The Alliance states that S12 
    requires
    
    too much detail for a vehicle owner's manual because of the great 
    variety of possible child restraint attachments on the market, even 
    if the vehicle manufacturer could know in advance, before the 
    publication of its owner's manual, the details regarding each child 
    restraint attachment likely to be offered during the vehicle's 
    anticipated period of useful service. Obviously, no manufacturer 
    will have such knowledge.
    
        General instructions on using a child restraint anchorage system 
    are required by the introductory paragraph of S12. Instructions on 
    using the child restraint anchorage system will help increase the 
    likelihood that a child restraint anchorage system and a tether 
    anchorage would be properly used. However, the agency recognizes that 
    it may be difficult for vehicle manufacturers to anticipate how child 
    restraint manufacturers will design the components that attach to the 
    lower anchorage bars of a child restraint anchorage system. With these 
    considerations in mind, we have amended S12(c) to delete the 
    requirement for detailed instructions on attaching a child restraint to 
    a child restraint anchorage system. However, detailed instructions on 
    attaching a tether strap to the tether anchorage will still be 
    required. This requirement is being retained because the child 
    restraint standard (Standard No. 213) specifies the configuration and 
    geometry of the tether hook. Vehicle manufacturers, therefore, can 
    develop their written instructions with the tether hook design in mind. 
    We have also declined to delete S12 entirely, because S12(a) and (b) 
    will help parents identify which seating positions have the child 
    restraint anchorage systems, how to access the anchorages if they are 
    covered, and how to interpret the marks required by S9.5(a) of the 
    standard. This information will help increase the likelihood that the 
    anchorages will be properly used.
    
    b. Requirements for Child Restraints Relating to September 1, 1999 
    Compliance Date
    
    1. Audible or Visual Indication of Attachment
        Kolcraft Enterprises petitioned for reconsideration asking NHTSA to 
    clarify or reconsider S5.9(d) of the final rule. That section requires 
    each child restraint system, other than a system with hooks for 
    attaching to the lower anchorages of the child restraint anchorage 
    system, to provide either an audible indication when each attachment to 
    the lower anchorages becomes fully latched or attached, or a visual 
    indication that all attachments to the lower anchorages are fully 
    latched or attached. Visual indications shall be detectable under 
    normal daylight lighting conditions.
        Kolcraft states that:
    
        While this provision makes sense after September 1, 2002 when 
    each new child restraint must be equipped with lower anchorage 
    attachment components, compliance with the provision is 
    impracticable in advance of that date (except for child restraints 
    that are voluntarily equipped with lower anchorage attachment 
    components in advance of the regulatory deadline). Yet, it appears 
    that Section 5.9(d) takes effect for all child restraints 
    manufactured on or after September 1, 1999, because the provision 
    does not explicitly specify a later effective date.
    
        NHTSA did not intend to imply that child restraints that do not 
    have the means for attaching to the lower bars of a vehicle's child 
    restraint anchorage system must provide the audible or visual 
    indicators described in S5.9(d). Such a requirement does not make sense 
    for child restraints that do not have the attachments. For a child 
    restraint that has such attachments, the audible or visual indicators 
    would be needed to better ensure that parents properly latch the 
    attachments. Accordingly, we have revised S5.9(d) to make clear that it 
    applies only to child restraints with components that enable the 
    restraints to be securely fastened to the lower anchorages of a child 
    restraint anchorage system (other than child restraints with hooks for 
    attaching to the lower anchorages).
    2. Attachments Must be Permanent
        Indiana Mills & Manufacturing (IMMI) has petitioned us to 
    reconsider the requirement in S5.9(a) of Standard No. 213 that each 
    child restraint system must have the components that attach to the 
    lower bars of a child restraint anchorage system permanently attached 
    to the child restraint. We are denying this petition.
        IMMI states that it believes that almost all child restraint 
    manufacturers will use a snap hook (on a strap) to fasten the child 
    restraint system to the lower bars. IMMI believes that ``a snap hook 
    and adjuster is virtually impossible to release when excessively 
    tightened.'' To overcome this perceived problem, petitioner wishes to 
    put a seat belt type push-button buckle on the webbing strap that 
    connects to the snap
    
    [[Page 47580]]
    
    hook. A latch plate would be permanently welded on to the child 
    restraint to couple with and unbuckle from the buckle on the snap hook 
    strap.
        This design would not meet S5.9(a) of Standard No. 213 because the 
    snap hook is not permanently attached to the child restraint. While 
    IMMI believes that the design would make it easier to unfasten a child 
    restraint from the lower bars, we are concerned about the likelihood 
    that some parents will lose the non-permanent piece, which will render 
    them unable to use the child restraint anchorage system. In the NPRM 
    for the March 5, 1999 final rule, we raised the issue of whether a 
    final rule should encompass a scheme whereby a non-permanent piece 
    (similar to IMMI's webbing piece with the snap hook on one end and 
    buckle on the other) could be provided to consumers by vehicle 
    manufacturers to enable parents to adapt a child restraint anchorage 
    system for use with child restraints not originally made for such a 
    system. Commenters overwhelmingly opposed an adapter, believing that 
    the adapter would be lost or misused by consumers. (This issue is 
    discussed in the final rule at 64 FR 10798-10799.) Because of those 
    comments, we decided to mandate a single child restraint anchorage 
    system, and to require in S5.9(a) of Standard No. 213 that the 
    components that attach to the lower bars must be permanently attached 
    to the child restraint. With IMMI's system, some parents might forget 
    or lose the snap hook piece, and would not be able to attach the child 
    restraint to the anchorage system. We continue to believe that the 
    ``permanently attached'' requirement serves a safety need by increasing 
    the likelihood that the components will be present when the child 
    restraint needs to be installed in a child restraint anchorage system.
        With regard to IMMI's belief that excessively tightened snap hooks 
    will be virtually impossible to release, the March 1999 final rule 
    added a requirement to Standard No. 213 that the belt webbing has to be 
    adjustable so that the child restraint can be tightly attached to the 
    vehicle (S5.9(d)). We believe that most, if not all adjusters will also 
    be capable of releasing the tension of the belt so that the snap hook 
    can be easily unfastened. If we were to find that parents are having 
    difficult releasing snap hooks, we will consider rulemaking possibly to 
    require a release mechanism that will facilitate the easy release of 
    highly tightened snap hooks.
        Ford states in its petition that although it supports the intent of 
    the requirement in S5.9(a) that components must be ``permanently 
    attached,'' Ford believes that the meaning of what constitutes 
    permanently attached needs to be clarified. Ford states on page 8:
    
        Are existing child restraint belt harnesses ``permanently 
    attached,'' even though they can be removed for repositioning? For 
    example, is a buckle and crotch strap assembly ``permanently 
    attached'' if it can be removed for relocation to an alternate 
    position that is further forward? Are belts on a hybrid harness 
    booster that are designed to be removed when the restraint is 
    converted into a belt-positioning booster ``permanently attached?'' 
    Can lower anchor attachments be removable so they can be relocated 
    to different positions depending on whether the child restraint is 
    being used rear-or forward-facing? Because attachment to lower 
    anchors is not appropriate for belt-positioning boosters, it would 
    be appropriate to allow lower anchor attachments to be removed from 
    harness boosters when they are converted into belt-positioning 
    boosters.
    
        We have granted this part of the petition to clarify the meaning of 
    permanently attached. For maximum design flexibility in designing the 
    components on child restraints that attach to the lower bars, child 
    restraint manufacturers might want consumers to move or remove the 
    components that attach to the lower bars. Opposed to this is the 
    interest in ensuring that the components are present on child 
    restraints when needed. To balance these concerns, we have amended 
    S5.9(a) to add a sentence that ``The components must be attached such 
    that they can only be removed by use of a tool, such as a 
    screwdriver.'' We believe that this provision will permit child 
    restraint manufacturers some design flexibility, yet will limit how 
    easily the components can be removed. Limiting easy removal of the 
    components will increase the likelihood that components are in place 
    when needed.
    
    c. Reasons for the Effective Date of This Rule
    
        Section 30111(d) of our motor vehicle safety statute (Title 49 
    U.S.C. Chapter 301) requires that a safety standard may not become 
    effective before the 180th day after the standard is prescribed or 
    later than one year after it is prescribed, unless we find, for good 
    cause shown, that a different effective date is in the public interest 
    and publish the reasons for the finding. The effective date for this 
    final rule is September 1, 1999, which is the same effective date as 
    for the March 1999 final rule which today's rule amends. Today's rule 
    does not impose new requirements on manufacturers but permits them to 
    begin meeting, at the manufacturer's option, alternative strength 
    requirements for an interim period. This rule also clarifies test 
    procedures specified in the March 1999 final rule. Because today's rule 
    provides an alternative to manufacturers which they may begin meeting 
    in lieu of the requirements which come into effect September 1, 1999, 
    and clarifies test requirements that come into effect September 1, it 
    is in the public interest for the effective dates for today's rule to 
    be the same as that of the March 1999 rule: September 1, 1999.
    
    IV. Corrections to Final Rule
    
        This document makes the following corrections to the March 1999 
    final rule which have been brought to our attention by petitioners and 
    by other parties:
         Standard No. 213 is amended by correcting the table to 
    S5.1.3.1(a) to show that backless booster seats are excluded from the 
    new 720 mm head excursion limit. These seats were excluded because, as 
    discussed in the preamble, the manufacturers of backless booster seats 
    may have practicability problems in meeting the requirement. In 
    addition, S5.9(a) of the standard is corrected to specify that for 
    rear-facing child restraints with detachable bases, only the base need 
    have the permanently attached components that enable the restraint to 
    be securely fastened to the lower bars of a child restraint anchorages 
    system (as opposed to requiring the components on both the base and the 
    restraint system itself). The agency intended to specify this 
    limitation in Standard No. 213 (see 64 FR at 10806-10807), but did not 
    do so in the regulatory text of the final rule.
         Figures 1B and 1B' of Standard No. 213 are corrected by 
    revising some of the dimensions for the test assembly.
         Paragraph S4.1 of Standard No. 225 is corrected to specify 
    that voluntarily-installed lower bars must meet marking requirements 
    along with configuration, location and strength requirements of the 
    standard. We stated in the preamble to the final rule that we were 
    specifying marking requirements: ``The agency has drafted this final 
    rule to apply the standard's configuration, location, strength and 
    marking requirements to any additional voluntarily-installed rigid bar 
    anchorage system installed on a new school bus, or on any other 
    vehicle.'' (64 FR at 10803, column 2.) However, we inadvertently did 
    not refer to marking requirements in S4.1.
         S9.4.1 of Standard No. 225 is corrected by adding a 
    tolerance for defining the vertical longitudinal plane for the forward 
    direction force. The tolerance is from the draft ISO standard. In 
    addition, we added S9.4.1.1 to specify the vertical angles for the 
    forward and lateral direction forces. The
    
    [[Page 47581]]
    
    specified angles are also from the draft ISO standard.
         S11(a) and (b) of Standard No. 225 are corrected by adding 
    a 135 N rearward force to remove slack or tension to the device prior 
    to its loading. The specified force is from the draft ISO standard.
         The following figures in Standard No. 225 are corrected: 
    Figure 1 (added yaw/pitch/roll); Figure 2 (added mass of CRF and 
    corrected dimensions on top view); Figures 3 to 11 (darkened shading); 
    Figure 15 and 16 (corrected dimension that Transport Canada also has on 
    top view); Figure 17 (added 6.5 mm diameter on detail B, deleted point 
    Y on detail A, corrected 270 dimension on side view and added stiffness 
    details to side and back views and to note 5); Figure 18 (made force 
    application attachment as in Figure 17); and Figure 19 (degree sign).
    
    V. Rulemaking Analyses and Notices
    
    a. 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.'' We have considered the impacts of 
    this rulemaking action and have determined that this action is not 
    ``significant'' within the meaning of the Department of 
    Transportation's regulatory policies and procedures. We have further 
    determined that the effects of this rulemaking are sufficiently minimal 
    that preparation of a full preliminary regulatory evaluation is not 
    warranted. We believe that manufacturers will be minimally affected by 
    this rulemaking because it does not change manufacturers' 
    responsibilities to begin installing tether anchorages and the lower 
    bars of child restraint anchorage systems on the compliance dates of 
    the March 5, 1999 final rule. The rule instead permits manufacturers to 
    begin meeting, at the manufacturer's option, alterative strength 
    requirements for an interim period. We believe there will be no 
    additional testing costs associated with this final rule. This rule 
    clarifies testing requirements but does not impose new test burdens. 
    The method of testing tether anchorages and the lower bars of child 
    restraint anchorage systems will be basically the same as they are 
    under the March 1999 final rule. Further, since the amendment is 
    permissive in nature, there are no costs associated with it.
    
    b. 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. This rule affects motor vehicle manufacturers, almost all of 
    which are not small business. Even if there are motor vehicle 
    manufacturers that qualify as small entities, this rule will not have a 
    significant economic impact on them because these amendments are 
    generally permissive in nature, and have no costs associated with it. 
    Accordingly, the agency has not prepared a regulatory flexibility 
    analysis.
    
    c. Executive Order 12612 (Federalism)
    
        This rulemaking action has been analyzed in accordance with the 
    principles and criteria contained in Executive Order 12612, and the 
    agency has determined that this rule does not have sufficient 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    d. Unfunded Mandates Reform Act
    
        The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
    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. This rule does not impose any unfunded 
    mandates as defined by that Act.
    
    e. National Technology Transfer and Advancement Act
    
        Under the National Technology Transfer and Advancement Act of 1995 
    (NTTAA)(Public Law 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.'' This final rule permits manufacturers to 
    meet the specifications in the draft ISO standard for child restraint 
    anchorage systems during an interim period, as an alternative to 
    meeting the requirements of the March 1999 final rule. The 
    International Organization for Standardization (ISO) is a worldwide 
    voluntary federation of ISO member bodies. By permitting the 
    alternative in the short run, this rule is consistent with the NTTAA's 
    goals of encouraging long-term growth for U.S. enterprises and 
    promoting efficiency and economic competition through harmonization of 
    standards.
    
    f. 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.
    
    g. Executive Order 12778 (Civil Justice Reform)
    
        This rule does not have any retroactive effect. Under section 49 
    U.S.C. 30103, 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. 30161 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. Paperwork Reduction Act.
    
        This rule does not contain any collection of information 
    requirements requiring review under the Paperwork Reduction Act of 1995 
    (Public Law 104-13). We noted in the March 1999 final rule that the 
    phase-in production reporting requirements described in that rule are 
    considered to be information collection requirements as defined by the 
    Office of Management and Budget (OMB) in 5 CFR part 1320. NHTSA will be 
    submitting a clearance request to OMB for review and clearance in the 
    near future. The agency notes that the clearance for the information 
    collection requirements of Standard 213, ``Child Restraint Systems,'' 
    will expire September 1, 2000 (OMB Clearance No. 2127-0511). NHTSA 
    anticipates it will submit a request to OMB to renew the clearance of 
    that standard and, at or near the same time, will be submitting an 
    information collection request to OMB for review and clearance of the 
    information collections in the March 1999 final rule.
        Pursuant to the Paperwork Reduction Act and OMB's regulations at 5 
    CFR section 1320.5(b)(2), NHTSA informs the potential persons who are 
    to respond to the collection of information that such persons are not 
    required to respond to the collection of information unless it displays 
    a currently valid OMB control number. The agency's current
    
    [[Page 47582]]
    
    OMB control numbers are displayed in NHTSA's regulations at 49 CFR Part 
    509, OMB Control Numbers for Information Collection Requirements.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Incorporation by reference, Motor vehicle safety, 
    Reporting and recordkeeping requirements, Tires.
    
        In consideration of the foregoing, NHTSA amends 49 CFR Chapter V as 
    set forth below.
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. The authority citation for Part 571 is revised to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30166 and 30177; 
    delegation of authority at 49 CFR 1.50.
    
        2. In Sec. 571.213--
        a. S5.1.3.1 as amended at 64 FR 10815, effective September 1, 1999, 
    is amended by revising ``Table to S5.1.3.1(A)--Add-On Forward-Facing 
    Child Restraints'';
        b. S5.9(a) and (d) are revised; and
        c. Figure 1B and Figure 1B', as amended at 64 FR 10820, effective 
    September 1, 1999, are revised.
        The revised text reads as follows:
    
    
    Sec. 571.213  Standard No. 213; Child restraint systems.
    
    * * * * *
    
    BILLING CODE 4910-59-P
    
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    BILLING CODE 4910-59-C
    
    [[Page 47584]]
    
    * * * * *
        S5.9  Attachment to child restraint anchorage system.
        (a) Each add-on child restraint system manufactured on or after 
    September 1, 2002, other than a car bed, harness and belt-positioning 
    seat, shall have components permanently attached to the system that 
    enable the restraint to be securely fastened to the lower anchorages of 
    the child restraint anchorage system specified in Standard No. 225 
    (Sec. 571.225) and depicted in Drawing Package 100-1000 with Addendum 
    A: Seat Base Weldment (consisting of drawings and a bill of materials) 
    dated October 23, 1998, (incorporated by reference; see Sec. 571.5). 
    The components must be attached such that they can only be removed by 
    use of a tool, such as a screwdriver. In the case of rear-facing child 
    restraints with detachable bases, only the base is required to have the 
    components.
    * * * * *
        (d) Beginning September 1, 1999, each child restraint system with 
    components that enable the restraint to be securely fastened to the 
    lower anchorages of a child restraint anchorage system, other than a 
    system with hooks for attaching to the lower anchorages, shall provide 
    either an indication when each attachment to the lower anchorages 
    becomes fully latched or attached, or a visual indication that all 
    attachments to the lower anchorages are fully latched or attached. 
    Visual indications shall be detectable under normal daylight lighting 
    conditions.
    * * * * *
    
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    BILLING CODE 4910-59-C
    
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        3. Section 571.225 is amended by:
        a. Revising S2, and by amending S3 by adding, in alphabetical 
    order, a definition for ``Seat bight'' and for ``Shuttle bus';
        b. Revising S4.1, S4.2(a), S4.2(b), S4.2(c), S4.3(a)(1), 
    S4.3(a)(2), S4.3(b)(1), S4.3(b)(2), S4.3(b)(3), S4.4(a), S4.4(a)(1), 
    S4.4(a)(2), S4.4(b), and S4.4(c);
        c. Adding S4.5;
        d. Revising S5(c)(1)(ii) and (c)(2) in its entirety;
        e. By designating the text of S6.2 as S6.2.1 and revising the 
    introductory text, and adding new text to S6.2 and new S6.2.2, S6.2.2.1 
    and S6.2.2.2;
        f. Adding text to S6.3, revising S6.3.1 in its entirety, and adding 
    S6.3.4 and S6.3.4.1 through S6.3.4.4;
        g. Revising S7(a), S8, S8.1, and the introductory paragraph of 
    S8.2;
        h. Amending S9 by adding text following the heading of S9;
        i. Revising S9.1.1(a) and S9.1.1(f); and adding S9.3(c);
        j. Revising the introductory paragraph of S9.4.1 and revising 
    S9.4.1(a), and adding S9.4.1.1;
        k. Revising S11(a), S11(b), S12(b) and S12(c);
        l. Adding S15, S15.1, S15.1.1, S15.1.2, S15.1.2.1, S15.1.2.2, 
    S15.2, S15.2.1, S15.2.2, S15.3, S15.3.1, S15.3.2, S15.3.3 and S15.3.4;
        m. Revising Figures 1 through 11, and Figures 15 through 19; and
        n. Adding a Figure 1A between Figures 1 and 2.
        The revised and added text and figures read as follows:
    
    
    Sec. 571.225  Standard No. 225; Child restraint anchorage systems.
    
    * * * * *
        S2. Application. This standard applies to passenger cars; to trucks 
    and multipurpose passenger vehicles with a gross vehicle weight rating 
    (GVWR) of 3,855 kilograms (8,500 pounds) or less, except walk-in van-
    type vehicles and vehicles manufactured to be sold exclusively to the 
    U.S. Postal Service; and to buses (including school buses) with a GVWR 
    of 4,536 kg (10,000 lb) or less, except shuttle buses.
    * * * * *
        S3. Definitions.
    * * * * *
        Seat bight means the area close to and including the intersection 
    of the surfaces of the vehicle seat cushion and the seat back.
        Shuttle bus means a bus with only one row of forward-facing seating 
    positions rearward of the driver's seat.
    * * * * *
        S4.1  Each tether anchorage and each child restraint anchorage 
    system installed, either voluntarily or pursuant to this standard, in 
    any new vehicle manufactured on or after September 1, 1999, shall 
    comply with the configuration, location, marking and strength 
    requirements of this standard. The vehicle shall be delivered with 
    written information, in English, on how to appropriately use those 
    anchorages and systems.
        S4.2  * * *
        (a) Each vehicle with three or more forward-facing rear designated 
    seating positions shall be equipped with a tether anchorage conforming 
    to the requirements of S6 at no fewer than three forward-facing rear 
    designated seating positions. The tether anchorage of a child restraint 
    anchorage system may count towards the three required tether 
    anchorages. In each vehicle with a forward-facing rear designated 
    seating position other than an outboard designated seating position, at 
    least one tether anchorage (with or without the lower anchorages of a 
    child restraint anchorage system) shall be at such a designated seating 
    position. In a vehicle with three or more rows of seating positions, at 
    least one of the tether anchorages (with or without the lower 
    anchorages of a child restraint anchorage system) shall be installed at 
    a forward-facing seating position in the second row if such a forward-
    facing seating position is available in that row.
        (b) Each vehicle with not more than two forward-facing rear 
    designated seating positions shall be equipped with a tether anchorage 
    conforming to the requirements of S6 at each forward-facing rear 
    designated seating position. The tether anchorage of a child restraint 
    anchorage system may count toward the required tether anchorages.
        (c) Each vehicle without any forward-facing rear designated seating 
    position shall be equipped with a tether anchorage conforming to the 
    requirements of S6 at each front forward-facing passenger seating 
    position.
        S4.3  * * *
        (a) * * *
        (1) Each vehicle with three or more forward-facing rear designated 
    seating positions shall be equipped with a child restraint anchorage 
    system conforming to the requirements of S9 at not fewer than two 
    forward-facing rear designated seating positions. In a vehicle with 
    three or more rows of seating positions, at least one of the child 
    restraint anchorage systems shall be at a forward-facing seating 
    position in the second row if such a forward-facing seating position is 
    available in that row.
        (2) Each vehicle with not more than two forward-facing rear 
    designated seating positions shall be equipped with a child restraint 
    anchorage system conforming to the requirements of S9 at each forward-
    facing rear designated seating position.
        (b) * * *
        (1) Each vehicle with three or more forward-facing rear designated 
    seating positions shall be equipped with a tether anchorage conforming 
    to the requirements of S6 at no fewer than three forward-facing rear 
    designated seating positions. The tether anchorage of a child restraint 
    anchorage system may count towards the three required tether 
    anchorages. In each vehicle with a forward-facing rear designated 
    seating position other than an outboard designated seating position, at 
    least one tether anchorage (with or without the lower anchorages of a 
    child restraint anchorage system) shall be at such a designated seating 
    position. In a vehicle with three or more rows of seating positions, at 
    least one of the tether anchorages (with or without the lower 
    anchorages of a child restraint anchorage system) shall be installed at 
    a forward-facing seating position in the second row if such a forward-
    facing seating position is available in that row.
        (2) Each vehicle with not more than two forward-facing rear 
    designated seating positions shall be equipped with a tether anchorage 
    conforming to the requirements of S6 at each forward-facing rear 
    designated seating position. The tether anchorage of a child restraint 
    anchorage system may count toward the required tether anchorages.
        (3) Each vehicle without any forward-facing rear designated seating 
    position shall be equipped with a tether anchorage conforming to the 
    requirements of S6 at each front passenger seating position.
        S4.4  * * *
        (a) Each vehicle with three or more forward-facing rear designated 
    seating positions shall be equipped as specified in S4.4(a)(1) and (2).
        (1) Each vehicle shall be equipped with a child restraint anchorage 
    system conforming to the requirements of S9 at not fewer than two 
    forward-facing rear designated seating positions. At least one of the 
    child restraint anchorage systems shall be installed at a forward-
    facing seating position in the second row in each vehicle that has 
    three or more rows, if such a forward-facing seating position is 
    available in that row.
        (2) Each vehicle shall be equipped with a tether anchorage 
    conforming to the requirements of S6 at a third forward-facing rear 
    designated seating position. The tether anchorage of a child
    
    [[Page 47588]]
    
    restraint anchorage system may count towards the third required tether 
    anchorage. In each vehicle with a forward-facing rear designated 
    seating position other than an outboard designated seating position, at 
    least one tether anchorage (with or without the lower anchorages of a 
    child restraint anchorage system) shall be at such a designated seating 
    position.
        (b) Each vehicle with not more than two forward-facing rear 
    designated seating positions shall be equipped with a child restraint 
    anchorage system conforming to the requirements of S9 at each forward-
    facing rear designated seating position.
        (c) Each vehicle without any forward-facing rear designated seating 
    position shall be equipped with a tether anchorage conforming to the 
    requirements of S6 at each front forward-facing passenger seating 
    position.
        S4.5  As an alternative to complying with the requirements of S4.2 
    through S4.4 that specify the number of tether anchorages that are 
    required in a vehicle and the designated seating positions for which 
    tether anchorages must be provided, a vehicle manufactured from 
    September 1, 1999 to August 31, 2001 may, at the manufacturer's option 
    (with said option irrevocably selected prior to, or at the time of, 
    certification of the vehicle), meet the requirements of this S4.5. This 
    alternative ceases to be available on and after September 1, 2001. A 
    tether anchorage conforming to the requirements of S6 shall be 
    installed--
        (a) for each designated seating position, other than that of the 
    driver, in a vehicle that has only one row of designated seating 
    positions;
        (b) for each forward-facing designated seating position in the 
    second row of seating positions in a passenger car or truck;
        (c) for each of any two forward-facing designated seating positions 
    in the second row of seating positions in a multipurpose passenger 
    vehicle that has five or fewer designated seating positions; and,
        (d) for each of any three forward-facing designated seating 
    positions that are located to the rear of the first row of designated 
    seating positions in a multipurpose passenger vehicle that has six or 
    more designated seating positions.
    * * * * *
        S5. General exceptions.
    * * * * *
        (c)(1) * * *
        (ii) Has an air bag on-off switch meeting the requirements of 
    S4.5.4 of Standard No. 208 (Sec. 571.208), shall have a child restraint 
    anchorage system for a designated passenger seating position in the 
    front seat, instead of only a tether anchorage. In the case of 
    convertibles, the front designated passenger seating position need have 
    only the two lower anchorages meeting the requirements of S9 of this 
    standard.
        (2) Each vehicle that--
        (i) Has a rear designated seating position and meets the conditions 
    in S4.5.4.1(b) of Standard No. 208 (Sec. 571.208); and,
        (ii) Has an air bag on-off switch meeting the requirements of 
    S4.5.4 of Standard 208 (Sec. 571.208), shall have a child restraint 
    anchorage system for a designated passenger seating position in the 
    front seat, instead of a child restraint anchorage system that is 
    required for the rear seat. In the case of convertibles, the front 
    designated passenger seating position need have only the two lower 
    anchorages meeting the requirements of S9 of this standard.
    * * * * *
        S6.2  Location of the tether anchorage. A vehicle manufactured from 
    September 1, 1999 to August 31, 2001 may, at the manufacturer's option 
    (with said option irrevocably selected prior to, or at the time of, 
    certification of the vehicle), meet the requirements of S6.2.1 or 
    S6.2.2. Vehicles manufactured on or after September 1, 2001 must meet 
    the requirements of S6.2.1 of this standard.
        S6.2.1  Subject to S6.2.1.1 and S6.2.1.2, the part of each tether 
    anchorage that attaches to a tether hook shall be located within the 
    shaded zone shown in Figures 3 to 7 of this standard of the designated 
    seating position for which it is installed, such that--
    * * * * *
        S6.2.2  Subject to S6.2.2.1 and S6.2.2.2, the portion of each user-
    ready tether anchorage that is designed to bind with a tether strap 
    hook shall be located within the shaded zone shown in Figures 3 to 7 of 
    this standard of the designated seating position for which it is 
    installed, with reference to the H-point of a template described in 
    section 3.1 of SAE Standard J826 (June 1992) (incorporation by 
    reference; see Sec. 571.5), if:
        (a) the H-point of the template is located--
        (1) At the unique Design H-point of the designated seating 
    position, as defined in section 2.2.11.1 of SAE Recommended Practice 
    J1100 (June 1993) (incorporation by reference; see Sec. 571.5), at the 
    full downward and full rearward position of the seat, or--
        (2) In the case of a designated seating position that has a means 
    of affixing the lower portion of a child restraint system to the 
    vehicle, other than a vehicle seat belt, midway between the two lower 
    restraint system anchorages;
        (b) the torso line of the template is at the same angle to the 
    transverse vertical plane as the vehicle seat back with the seat 
    adjusted to its full rearward and full downward position and the seat 
    back in its most upright position; and
        (c) the template is positioned in the vertical longitudinal plane 
    that contains the H-point of the template.
        S6.2.2.1  Until September 1, 2001, the portion of each user-ready 
    tether anchorage that is designed to bind with the tether strap hook 
    may be located in a passenger car or multipurpose passenger vehicle 
    within the shaded zone shown in Figures 8 to 11 of the designated 
    seating position for which it is installed, with reference to the 
    shoulder reference point of a template described in section 3.1 of SAE 
    Standard J826 (June 1992) (incorporation by reference; see Sec. 571.5), 
    if:
        (a) the H-point of the template is located--
        (1) at the unique Design H-point of the designated seating 
    position, as defined in section 2.2.11.1 of SAE Recommended Practice 
    J1100 (June 1993) (incorporation by reference; see Sec. 571.5), at the 
    full downward and full rearward position of the seat, or--
        (2) in the case of a designated seating position that has a means 
    of affixing the lower portion of a child restraint system to the 
    vehicle, other than a vehicle seat belt, midway between the two lower 
    restraint system anchorages;
        (b) the torso line of the template is at the same angle to the 
    vertical plane as the vehicle seat back with the seat adjusted to its 
    full rearward and full downward position and the seat back in its most 
    upright position; and
        (c) the template is positioned in the vertical longitudinal plane 
    that contains the H-point of the template.
        S6.2.2.2  The portion of a user-ready tether anchorage in a vehicle 
    that is designed to bind with the tether strap hook may be located 
    outside the shaded zone referred to in S6.2.2, if no part of the shaded 
    zone is accessible without removing a seating component of the vehicle 
    and the vehicle is equipped with a routing device that--
        (a) ensures that the tether strap functions as if the portion of 
    the anchorage designed to bind with the tether strap hook were located 
    within the shaded zone;
        (b) is at least 65 mm behind the torso line, in the case of a non-
    rigid-webbing-type routing device or a deployable routing device, or at 
    least 100 mm
    
    [[Page 47589]]
    
    behind the torso line, in the case of a fixed rigid routing device; and
        (c) when tested after being installed as it is intended to be used, 
    is of sufficient strength to withstand, with the user-ready tether 
    anchorage, the load referred to in S6.3.4 or S6.3.4.1, as applicable.
        S6.3  Strength requirements for tether anchorages. Subject to 
    S6.3.2, a vehicle manufactured from September 1, 1999 to August 31, 
    2001 may, at the manufacturer's option (with said option irrevocably 
    selected prior to, or at the time of, certification of the vehicle), 
    meet the requirements of S6.3.1 or S6.3.4. Subject to S6.3.2, vehicles 
    manufactured on or after September 1, 2001 must meet the requirements 
    of S6.3.1 of this standard.
        S6.3.1  Subject to S6.3.2, when tested in accordance with S8, after 
    preloading the device with a force of 500 N, point X of the SFAD must 
    not be displaced horizontally more than 125 mm during the application 
    of the force.
    * * * * *
        S6.3.4  Subject to subsections S6.3.4.1 and S6.3.4.2, every user-
    ready tether anchorage in a row of designated seating positions shall, 
    when tested, withstand the application of a force of 10,000 N--
        (a) applied by means of one of the following types of test devices, 
    installed as a child restraint system would be installed in accordance 
    with the manufacturer's installation instructions, namely,
        (1) SFAD 1, to test a tether anchorage at a designated seating 
    position that does not have a child restraint anchorage system; or
        (2) SFAD 2, to test a tether anchorage at a designated seating 
    position that has a child restraint anchorage system;
        (b) applied--
        (1) in a forward direction parallel to the vehicle's vertical 
    longitudinal plane through the X point on the test device, and,
        (2) initially, along a horizontal line or along any line below or 
    above that line that is at an angle to that line of not more than 5 
    degrees;
        (c) approximately linearly over a time, at the option of the 
    vehicle manufacturer, of not more than 30 seconds, at any onset force 
    rate of not more than 135 000 N/s; and
        (d) maintained at a 10,000 N level for one second.
        S6.3.4.1  Until September 1, 2001, every user-ready tether 
    anchorage in a row of designated seating positions in a passenger car 
    may, when tested, subject to subsection S6.3.4.2, withstand the 
    application of a force of 5,300 N, which force shall be--
        (a) applied by means of a belt strap that--
        (1) extends not less than 250 mm forward from the vertical plane 
    touching the rear top edge of the vehicle seat back,
        (2) is fitted at one end with suitable hardware for applying the 
    force and at the other end with a bracket for the attachment of the 
    user-ready tether anchorage, and
        (3) passes over the top of the vehicle seat back as shown in Figure 
    19 of this standard;
        (b) applied--
        (1) in a forward direction parallel to the vehicle's longitudinal 
    vertical plane, and
        (2) initially, along a horizontal line or along any line below that 
    line that is at an angle to that line of not more than 20 degrees;
        (c) attained within 30 seconds, at any onset force rate of not more 
    than 135,000 N/s; and
        (d) maintained at a 5,300 N level for one second.
        S6.3.4.2  If the zones in which tether anchorages are located 
    overlap and if, in the overlap area, a user-ready tether anchorage is 
    installed that is designed to accept the tether strap hooks of two 
    restraint systems simultaneously, both portions of the tether anchorage 
    that are designed to bind with a tether strap hook shall withstand the 
    force referred to in subsection S6.3.4 or S6.3.4.1, as the case may be, 
    applied to both portions simultaneously.
        S6.3.4.3  If a row of designated seating positions has more than 
    one user-ready tether anchorage, the force referred to in S6.3.4, 
    S6.3.4.1 or S6.3.4.2, as the case may be, shall be applied 
    simultaneously in the manner specified in the relevant subsection.
        S6.3.4.4  The strength requirement tests shall be conducted with 
    the vehicle seat adjusted to its full rearward and full downward 
    position and the seat back in its most upright position. When SFAD 2 is 
    used in testing and cannot be attached to the lower anchorages with the 
    seat back in this position, adjust the seat back as recommended by the 
    manufacturer in its instructions for attaching child restraints. If no 
    instructions are provided, adjust the seat back to the position that 
    enables SFAD 2 to attach to the lower anchorages that is the closest to 
    the most upright position.
        S7. Test conditions for testing tether anchorages.
    * * * * *
        (a) Vehicle seats are adjusted to their full rearward and full 
    downward position and the seat back is placed in its most upright 
    position. When SFAD 2 is used in testing and cannot be attached to the 
    lower anchorages with the seat back in this position, adjust the seat 
    back as recommended by the manufacturer in its instructions for 
    attaching child restraints. If no instructions are provided, adjust the 
    seat back to the position that enables SFAD 2 to attach to the lower 
    anchorages that is the closest to the most upright position.
    * * * * *
        S8. Test procedures. Each vehicle shall meet the requirements of 
    S6.3.1 and S6.3.3 when tested according to the following procedures. 
    Where a range of values is specified, the vehicle shall be able to meet 
    the requirements at all points within the range. For testing specified 
    in the procedures, the SFAD used in the test is connected to the 
    anchorage by means of a steel cable that is fitted at one end with a 
    high strength steel tether hook for attachment to the tether anchorage. 
    The tether hook meets the specifications in Standard No. 213 
    (Sec. 571.213) as to the configuration and geometry of tether hooks 
    required by that standard. A second steel cable is connected to the X 
    point through which the test force is applied.
        S8.1  Apply the force specified in S6.3.1 as follows--
        (a) Use the following specified test device, as appropriate:
        (1) SFAD 1, to test a tether anchorage at a designated seating 
    position that does not have a child restraint anchorage system; or,
        (2) SFAD 2, to test a tether anchorage at a designated seating 
    position that has a child restraint anchorage system.
        (b) Attach the SFAD 1 to the vehicle seat using the vehicle belts 
    or the SFAD 2 to the lower anchorages of the child restraint anchorage 
    system, as appropriate, and attach the test device to the tether 
    anchorage, in accordance with the manufacturer's instructions provided 
    pursuant to S12 of this standard. For the testing specified in this 
    procedure, if SFAD 1 cannot be attached using the vehicle belts because 
    of the location of the vehicle belt buckle, the test device shall be 
    attached by material whose breaking strength is equal to or greater 
    than the breaking strength of the webbing for the seat belt assembly 
    installed as original equipment at that seating position. The geometry 
    of the attachment shall duplicate the geometry, at the pre-load point, 
    of the attachment of the originally installed seat belt assembly. All 
    belt systems used to attach SFAD 1 shall be tightened to a tension of 
    not less than 53.5 N and not more than 67 N, as
    
    [[Page 47590]]
    
    measured by a load cell used on the webbing portion of the belt. A 
    rearward force of 135 N  15 N shall be applied to the 
    center of the lower front crossmember of SFAD 2 to press the device 
    against the seat back as the fore-aft position of the rearward 
    extensions of the SFAD is adjusted to remove any slack or tension.
        (c) Apply the force--
        (1) Initially, in a forward direction in a vertical longitudinal 
    plane and through the Point X on the test device; and
        (2) Initially, along a line through the X point and at an angle of 
    10  5 degrees above the horizontal. Apply a preload force 
    of 500 N to measure the angle; and then
        (3) Increase the pull force as linearly as practicable to a full 
    force application of 15,000 N in not less than 24 seconds and not more 
    than 30 seconds, and maintain at a 15,000 N level for 1 second.
        S8.2  Apply the force specified in S6.3.2 as follows:
    * * * * *
        S9  Requirements for the lower anchorages of the child restraint 
    anchorage system. As an alternative to complying with the requirements 
    of S9, a vehicle manufactured from September 1, 1999 to August 31, 2002 
    may, at the manufacturer's option (with said option irrevocably 
    selected prior to, or at the time of, certification of the vehicle), 
    meet the requirements in S15 of this standard. Vehicles manufactured on 
    or after September 1, 2002 must meet the requirements of S9 of this 
    standard.
    * * * * *
        S9.1.1  * * *
        (a) Are 6 mm  .1 mm in diameter;
    * * * * *
        (f) Are an integral and permanent part of the vehicle or vehicle 
    seat; and
    * * * * *
        S9.3  * * *
        (c) To facilitate installation of the CRF in a vehicle seat, the 
    side, back and top frames of the CRF may be removed for installation in 
    the vehicle, as indicated in Figure 1A of this standard.
    * * * * *
        S9.4.1  When tested in accordance with S11, the lower anchorages 
    shall not allow point X on SFAD 2 to be displaced horizontally more 
    than 125 mm, after preloading the device, when--
        (a) A force of 11,000 N is applied in a forward direction in a 
    vertical longitudinal plane that is parallel (0  5 degrees) 
    to the vehicle's longitudinal centerline; and
    * * * * *
        S9.4.1.1  Forces described in S9.4.1(a), forward direction, shall 
    be applied with an initial force application angle of 10  5 
    degrees above the horizontal. Forces described in S9.4.1(b), lateral 
    direction, shall be applied horizontally (0  5 degrees).
    * * * * *
        S11. Test procedure.  * * *
        (a) Forward force direction. Place SFAD 2 in the vehicle seating 
    position and attach it to the two lower anchorages of the child 
    restraint anchorage system. Do not attach the tether anchorage. A 
    rearward force of 135  15 N shall be applied to the center 
    of the lower front crossbar of SFAD 2 to press the device against the 
    seat back as the fore-aft position of the rearward extensions of the 
    SFAD is adjusted to remove any slack or tension. Apply a preload force 
    of 500 N at point X of the test device. Increase the pull force as 
    linearly as practicable to a full force application of 11,000 N in not 
    less than 24 seconds and not more than 30 seconds, and maintain at an 
    11,000 N level for 10 seconds.
        (b) Lateral force direction. Place SFAD 2 in the vehicle seating 
    position and attach it to the two lower anchorages of the child 
    restraint anchorage system. Do not attach the tether anchorage. A 
    rearward force of 135  15 N shall be applied to the center 
    of the lower front crossbar of SFAD 2 to press the device against the 
    seat back as the fore-aft position of the rearward extensions of the 
    SFAD is adjusted to remove any slack or tension. Apply a preload force 
    of 500 N at point X of the test device. Increase the pull force as 
    linearly as practicable to a full force application of 5,000 N in not 
    less than 24 seconds and not more than 30 seconds, and maintain at a 
    5,000 N level for 10 seconds.
        S12.  * * *
        (b) In the case of vehicles required to be marked as specified in 
    paragraphs S4.1, S9.5(a), or S15.4, explain the meaning of markings 
    provided to locate the lower anchorages of child restraint anchorage 
    systems; and
        (c) Include instructions that provide a step-by-step procedure, 
    including diagrams, for properly attaching a child restraint system's 
    tether strap to the tether anchorages.
    * * * * *
        S15  Alternative to complying with the requirements of S9. As an 
    alternative to complying with the requirements of S9, a vehicle 
    manufactured from September 1, 1999 to August 31, 2002 may, at the 
    manufacturer's option (with said option irrevocably selected prior to, 
    or at the time of, certification of the vehicle), meet the requirements 
    in S15 of this standard. Vehicles manufactured on or after September 1, 
    2002 must meet the requirements of S9 of this standard.
        S15.1  Dimensions and installation requirements.
        S15.1.1  General. The vehicle anchorages are positioned near the 
    seat bight. The location of the anchorages is defined with respect to 
    the CRF. If the vehicle seat is adjustable, it is adjusted as 
    recommended by the vehicle manufacturer for use with child restraint 
    systems.
        S15.1.2  Anchorage dimensions and location
        S15.1.2.1  The lower anchorages shall consist of two bars that--
        (a) Are 6 mm  .1 mm in diameter;
        (b) Are straight, horizontal and transverse;
        (c) Are not less than 25 mm in length;
        (d) Can be connected to, over their entire length, as specified in 
    paragraph S15.1.2.1(c), by the connectors of a child restraint system;
        (e) Are 280 mm apart, measured from the center of the length of one 
    bar to the center of the length of the other bar; and
        (f) Are an integral and permanent part of the vehicle or vehicle 
    seat.
        S15.1.2.2  (a) The anchorage bars are located at the vehicle 
    seating position with the aid of and with respect to the CRF rearward 
    extensions, with the CRF placed against or near the vehicle seat back. 
    With the CRF attached to the anchorages and resting on the seat 
    cushion, the bottom surface shall have attitude angles within the 
    limits in the following table, angles measured relative to the vehicle 
    horizontal, longitudinal and transverse reference planes.
    
                              Table to S15.1.2.2(a)
    ------------------------------------------------------------------------
     
    ------------------------------------------------------------------------
    Pitch......................................................      15 deg.
                                                                       10 d
                                                                           e
    Roll.......................................................       0 deg.
                                                                       5 de
                                                                           g
    Yaw........................................................       0 deg.
                                                                       10 d
                                                                           e
    ------------------------------------------------------------------------
    Note: An explanation of the above angles is given in Figure 1.
    
        (b) With adjustable seats adjusted as described in S15.1.2.2(c), 
    each lower anchorage bar shall be located so that a vertical transverse 
    plane intersecting the center of the bar is:
        (1) Not more than 70 mm behind point Z of the CRF, measured 
    parallel to the bottom surface of the CRF and to the center of the bar, 
    with the CRF rear surface against the seat back; and
        (2) Not less than 120 mm behind the vehicle seating reference 
    point, measured horizontally and to the center of the bar. (Note: To 
    facilitate installation of the CRF in a vehicle seat, the CRF may be 
    constructed of smaller
    
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    separable parts and assembled in the vehicle seat. Alternatively, 
    vehicle components may be removed to allow access.)
        (c) Adjustable seats are adjusted as recommended by the vehicle 
    manufacturer for use with child restraint systems.
        S15.2  Static Strength Requirements.
        S15.2.1  The strength of the anchorages shall be determined using 
    the procedure of S15.3 to apply forces to the SFAD 2, installed in the 
    vehicle seating position and engaged with the anchorages. The vehicle 
    seat shall be installed in the vehicle, or in sufficient parts of the 
    vehicle so as to be representative of the strength and rigidity of the 
    vehicle structure. If the seat is adjustable, it shall be placed in the 
    position recommended by the vehicle manufacturer for use with child 
    restraint systems. If no adjusted position is recommended, the seat 
    shall be placed in any position, at the agency's option.
        S15.2.2  Horizontal excursion of point X during application of the 
    8 kN and 5 kN forces shall be not more than 125 mm, after preloading 
    the device.
        S15.3  Forces and directions.
        S15.3.1  A rearward force of 135 N  15 N shall be 
    applied to the center of the lower front crossbar of SFAD 2 to press 
    the device against the seat back as the fore-aft position of the 
    rearward extensions of the SFAD is adjusted to remove any slack or 
    tension. Forces shall be applied to SFAD 2 in forward and lateral 
    directions according to the following table.
    
                  Table to S15.3.1.--Directions of Test Forces
    ------------------------------------------------------------------------
     
    ------------------------------------------------------------------------
    Forward.....................  0 deg.    8 kN 
                                   5 deg..               0.25 kN
    Lateral.....................  75 deg.   5 kN 
                                   5 deg. (to both       0.25 kN
                                   sides of straight
                                   forward).
    ------------------------------------------------------------------------
    
        S15.3.2  Forces in the forward direction shall be applied with an 
    initial force application angle of 10  5 degrees above the 
    horizontal. Lateral forces shall be applied horizontally (0 deg. 
     5 deg.). A pre-load force of 500 N  25 N shall 
    be applied at the prescribed loading point (point X) in Figure 17. The 
    force shall be increased to 8 kN  0.25 kN for forward 
    tests, or to 5 kN  0.25 kN for lateral tests. Full 
    application of the force shall be achieved within a time period of 2 
    seconds or less. The force shall be maintained for a period of 0.25 
    seconds  0.05 seconds.
        S15.3.3  If anchorages for more than one child restraint anchorage 
    system are installed in the vehicle seat assembly and not directly into 
    the vehicle structure, the forces described in S15.3 shall be applied 
    simultaneously to SFADs engaged with the anchorages at each seating 
    position.
        S15.4  Marking and conspicuity of the lower anchorages. At least 
    one anchorage bar (when deployed for use), one guidance fixture, or one 
    seat marking feature shall be readily visible to the person installing 
    a CRF. Storable anchorages shall be provided with a telltale or label 
    that is visible when the anchorage is stored.
    
    BILLING CODE 4910-59-P
    
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        Issued on August 18, 1999.
    Ricardo Martinez,
    Administrator.
    [FR Doc. 99-22174 Filed 8-25-99; 3:38 pm]
    BILLING CODE 4910-59-C
    
    
    

Document Information

Effective Date:
9/1/1999
Published:
08/31/1999
Department:
National Highway Traffic Safety Administration
Entry Type:
Rule
Action:
Final rule, response to petitions for reconsideration.
Document Number:
99-22174
Dates:
The amendments made in this rule are effective September 1, 1999.
Pages:
47566-47608 (43 pages)
Docket Numbers:
Docket No. NHTSA-99-6160
RINs:
2127-AH65
PDF File:
99-22174.pdf
CFR: (2)
49 CFR 571.213
49 CFR 571.225