Federal Motor Vehicle Safety Standards; Child Restraint Systems |
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Topics: National Highway Traffic Safety Administration
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Barry Felrice
Federal Register
March 16, 1994
[Federal Register: March 16, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 74-09; Notice 35] RIN 2127-AF02 Federal Motor Vehicle Safety Standards; Child Restraint Systems AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document addresses the possible need to add a greater array of test dummies to Standard 213 for use in compliance tests. It is the second of two proposals on child booster seat safety resulting from the Intermodal Surface Transportation Efficiency Act of 1991. That Act directed NHTSA to initiate rulemaking on child booster seat safety. The first NPRM proposed to amend Standard 213's requirements for child booster seats designed for use with a vehicle's lap and shoulder belts. Today's NPRM is intended to improve the safety of booster seats and other types of child restraint systems by providing for their more thorough compliance testing. DATES: Comments on this document must be received by the agency no later than May 16, 1994. The proposed effective date is 180 days after the date of publication of a final rule. ADDRESSES: Comments should refer to the docket number and notice number and be submitted in writing to: Docket Section, National Highway Traffic Safety Administration, room 5109, 400 Seventh Street, SW., Washington, DC, 20590. Telephone: (202) 366-5267. Docket hours are 9:30 a.m. to 4 p.m. Monday through Friday. FOR FURTHER INFORMATION CONTACT: Dr. George Mouchahoir, Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC, 20590 (telephone 202-366-4919). SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction. a. Purpose of this NPRM. b. Previous NPRM. II. Specific proposals. a. Child dummies. 1. Dummy selection based on recommended weight of child restraint users. 2. Dummy selection based on recommended sitting height of child restraint users. b. Performance criteria. c. Clarifying amendments. d. Other issues. III. Rulemaking Analyses and Notices. a. Executive Order 12866 and DOT Regulatory Policies and Procedures. b. Regulatory Flexibility Act. c. Executive Order 12612. d. National Environmental Policy Act. e. Executive Order 12778. IV. Comments on the proposal. I. Introduction This document follows an advance notice of proposed rulemaking (ANPRM) published on May 29, 1992 about child booster seat safety (57 FR 22682). The ANPRM was issued in response to the National Highway Traffic Safety Administration Authorization Act of 1991 (sections 2500- 2509 of the Intermodal Surface Transportation Efficiency Act (``ISTEA'')). That Act directed the agency to initiate rulemaking on child booster seat safety and other issues. The legislative history of the ISTEA directive on booster seats sheds light on the source of Congress's concerns about booster seats. That history, and Congress's concerns, were discussed in detail in the May 1992 ANPRM, and are briefly summarized below. The ISTEA directive originated in S. 1012, a bill reported by the Senate Committee on Commerce, Science, and Transportation and added verbatim to the Senate's surface transportation bill (S. 1204). The Senate Commerce Committee report on S. 1012 expressed concern about suggestions that booster seats, ``depending on their design, can be easily misused or are otherwise harmful,'' and that some child seat boosters ``may not restrain adequately a child in a crash.'' The committee's concerns about the possible inability of a booster seat to restrain some children adequately stemmed from a study\1\ performed by Calspan Corporation. Calspan found that when the then- manufactured booster seats were tested with test dummies representing the range of children for whom the seats were recommended, the booster seats did not appear to be able to adequately restrain all of those test dummies. When tested to the requirements of Standard 213, however, the booster seat passed the requirements because the standard specifies the use of only one dummy, a dummy representing a 3-year-old (33 pound) child, for testing a booster seat. (See S7.2 of Standard 213.) The implication of these test results was that test dummies representative of a wide range of child sizes were needed in Standard 213 to more effectively test the performance of booster seats and other child restraint systems. What seemed especially needed was an array of dummies representing children at or near the extremes of the weight ranges identified by a manufacturer as being suitable for any type of child restraint. --------------------------------------------------------------------------- \1\``Evaluation of the Performance of Child Restraint Systems'' (DOT HS 807 297, May 1988). --------------------------------------------------------------------------- a. Purpose of Today's NPRM This document proposes to add additional sizes of child compliance test dummies to Standard 213, consistent with ISTEA's mandate and the potential safety problems shown in the Calspan study. NHTSA's efforts to address those safety problems, including the possibility of new test dummies, were begun prior to ISTEA. Amending Standard 213 to incorporate additional test dummies for use in compliance tests has been one of NHTSA's main initiatives for upgrading Standard 213, as stated in NHTSA's ``Planning Document on the Potential Standard 213 Upgrade,'' July 1991 (docket 74-09-N21). To that end, NHTSA developed specifications for three new test dummies and completed rulemaking in 1991 and 1993 incorporating those specifications into part 572, the agency's regulation on anthropomorphic test dummies. This step facilitated the use of those dummies in the development of improved child restraints. Today's document, together with a companion NPRM published on September 1, 1993 (discussed in the next section), responds to ISTEA as well as follows up on the agency's 1991 planning document regarding possible ways of upgrading Standard 213. As explained in the ``Other Issues'' section of this document, some of the ways of upgrading Standard 213 will be addressed over the course of several rulemakings. As to the other ways, some are being further evaluated; the remaining ones do not appear viable candidates for rulemaking. The agency notes that, in accordance with its plan to convert to the metric system pursuant to the Omnibus Trade and Competiveness Act and E.O. 12770, today's proposal uses metric units. Thus, English units that are in sections of Standard 213 affected by this NPRM would be converted to metric units. For example, ``nine kilograms (kg)'' would replace references in the standard to ``20 pounds.'' b. Previous NPRM The companion NPRM to this document was published on September 3, 1993 (58 FR 46928). The NPRM, which also resulted from the May 1992 ANPRM, proposed to amend Standard 213 to permit the manufacturer and sale of belt-positioning booster child seats (child seat boosters designed for use with a vehicle's lap/shoulder belt system). NHTSA said it believes that facilitating the manufacture of belt-positioning booster seat could improve booster seat safety because belt-positioning seats appear to be capable of accommodating a wider range of child sizes than currently manufactured shield-type boosters. Also, NHTSA stated that it believes there is a possibility that belt-positioning booster seats used with vehicle lap/shoulder belts would perform better than shield booster seats. NHTSA proposed amending Standard 213's compliance test procedures to specify that belt-positioning booster seats would be dynamically tested when restrained to the test apparatus with a lap/shoulder belt. NHTSA also proposed labeling and informational requirements to decrease the possibility that booster seats would be misused. II. Specific Proposals in Today's NPRM a. Child Dummies Three new child dummies have been tentatively selected to be added to Standard 213 for use in the compliance testing of child restraints.These dummies are the newborn infant dummy described in subpart K of 49 CFR part 572, the 9-month-old dummy in subpart J, and the instrumented 6-year-old dummy in subpart I. The biofidelity, reliability and repeatability of the test dummies were discussed in the documents incorporating the dummies into part 572 for the purpose of facilitating child restraint development. See, final rule for newborn dummy (January 8, 1993, 58 FR 3229); 9-month-old dummy (August 19, 1991; 56 FR 41077); 6-year-old dummy (November 14, 1991; 56 FR 57830). This document proposes detailed descriptions of the clothing, conditioning and positioning procedures for the dummies to ensure that the test conditions are carefully controlled. The clothing that would be specified is the same, except for size, as that used for the 3-year- old dummy. The conditioning specifications are the same as those currently used for the 3-year-old dummy. With the addition of the three new dummies, there would be four child test dummies used for Standard 213 compliance testing. The fourth dummy would be the existing 3-year-old dummy (subpart C) for Standard 213 testing. As to the other existing dummy, the 6-month-old, 17 pound (8 kg) dummy (subpart D), the agency has tentatively decided that it would no longer use that dummy to test child restraints. The agency has tentatively decided that testing child restraints with that dummy is unnecessary since the newborn and 9-month-old dummies appear sufficient to evaluate the performance of a child restraint recommended for infants. Comments are requested on whether the 6-month-old, subpart D dummy would still be needed to test child restraints, and if so, which restraints should be tested with that dummy. In its comment on the ANPRM, General Motors (GM) expressed concern about the 6-year-old and the 3-year-old dummies. GM asked NHTSA to refer to GM's comments on the agency's earlier rulemaking proposals to incorporate these dummies in part 572 to aid in child restraint development. According to GM, those comments ``detail (GM's) concerns regarding limitations of these test devices * * * .'' While the comment is unclear as to what GM means by ``limitations,'' NHTSA assumes the commenter is referring to the biofidelity and suitability of the dummies as test devices, or the ability of the dummies to measure various crash forces imposed on them. NHTSA responded to issues about the biofidelity and suitability of the dummies in the previous rulemakings on part 572. The agency is not aware of any information, submitted by GM or arising elsewhere, indicating that these dummies have ``limitations'' warranting their exclusion from use in Standard 213 testing. Moreover, information on the performance of the dummies in tests conducted subsequent to their incorporation into part 572 does not indicate any problems with their performance. Recently, these dummies were used along with the part 572 three-year-old in a large number of sled tests that NHTSA conducted as part of its child safety research program that was described in the agency's 1991 planning document to upgrade Standard 213. These dummies appeared to perform satisfactorily, without any problem that would prevent their incorporation into FMVSS 213. The findings of this research program were summarized in a series of reports that were published in October 1992, under project VRTC-82-0236 ``Child Restraint Testing (Rulemaking Support).'' These reports are available from the National Technical Information Service, Springfield, Virginia, 22161. GM suggested in its ANPRM comments that the child test dummies should provide a ``more complete set of measurements'' than currently provided by the three-year-old dummy. GM suggested including the additional measurement of forces imposed on the dummy's neck, abdomen, and femur areas. GM stated that injuries to children's neck, abdomen, and hip, thigh and knee areas can be serious, and that performance criteria for these injuries should be developed. GM said that these criteria can be measured and the neck and femur load cells are currently available for most child dummies. The commenter also said that the development of a device to measure abdominal injury is both possible and essential. NHTSA responded to an identical comment from GM on this issue in the rulemaking adopting the 6-year-old dummy specifications into part 572. The part 572 6-year-old dummy, referred to as SA106C, can provide measurements of crash forces imposed on the dummy's femurs, in addition to measurements of head and chest accelerations. In the rulemaking adopting the SA106C dummy (the same dummy being considered today) into part 572, GM suggested that NHTSA adopt a 6-year-old dummy based on the 50th percentile male Hybrid-III dummy instead of the SA106C 6-year-old dummy, because the Hybrid-III child dummy was superior in its instrumentation. NHTSA responded: Ford and GM might be correct that the Hybrid-III type 6-year-old dummy (which has yet to be completed and evaluated) might eventually have potential advantages over the NHTSA/Humanoid dummy in the number of parameters the dummies can measure. However, NHTSA does not believe that this rulemaking should be delayed to further consider the potential advantages of future dummies. The SA106C dummy's ability to measure HIC, chest acceleration and femur loads, and its ability to replicate the motions and excursions of a child in a crash are sufficient to provide valid assessment of the injury potential of child restraint systems in a reliable manner. Since the SA106C dummy is ready now, and a final rule specifying the dummy will help improve safety, the agency believes it is appropriate to proceed with adding the dummy to part 572. NHTSA intends to evaluate the Hybrid-III type 6-year-old dummy after the dummy's design and development are completed and the dummy is commercially available. NHTSA is not aware of any information showing that an alternate child test dummy, such as the Hybrid-III 6-year-old dummy, instead of the part 572 dummy, should be incorporated into Standard 213. Accordingly, NHTSA has decided to proceed with this proposal to incorporate the part 572 6-year-old dummy. 1. Dummy Selection Based on Recommended Weight of Restraint Users NHTSA proposes amending the provisions is S7 of Standard 213 that specify the child dummy or dummies to be used in testing a particular child restraint system. Currently, S7 specifies that the 6-month-old dummy is used for testing a child restraint system that is recommended by its manufacturer for children weighing up to 20 pounds, and the 3- year-old dummy is used for testing a child restraint that is recommended for children weighing more than 20 pounds. If a child restraint system is recommended for use by children in a weight range that includes some children below 20 pounds and others above 20 pounds, the both dummies are to be used. The ANPRM discussed how the agency might determine which new test dummies might be used under Standard 213 in the compliance testing of a particular child restraint system: S7.2 of the standard could be amended in the following manner. A restraint that is recommended for use by children in a weight range that includes children weighing not more than 7.5 pounds would be tested with the newborn dummy; from 7.5 to 20 pounds, with both the newborn and the nine-month-old dummy; from 20 to 33 pounds, with both the nine-month-old and three-year-old dummy; from 33 to 40 pounds, with the three-year-old dummy; and 40 pounds and above, with the six-year-old dummy. The agency anticipates proposing these, or similar, weight ranges in the near future. The commenters generally supported using the newborn, 9-month-old, 3-year-old and 6-year-old dummies for Standard 213 compliance testing. Gerry, Cosco, Century Products and New York State supported using the 3-year-old and 6-year-old dummies to test booster seats recommended for children weighing more than 35 pounds. However, commenters also had suggestions for revising the weight ranges discussed in the ANPRM. Advocates believed that the weight ranges were deficient because only two of the ranges (7.5 to 20 pounds and 20 to 33 pounds) would have two test dummies, one for the lower weight limit and another for the upper weight limit. SafetyBeltSafe believed the 3-year-old (33 pound) dummy should be used to test booster seats recommended for children weighing more than 40 pounds, to address the possibility that parents might ``rush'' a child into a booster seat when a second child needs to use the toddler restraint. Cosco believed that any child seat recommended for children weighing over 40 pounds should be tested with both the 3-year-old and the 6-year-old dummies, so that dummies at the extreme weight ranges are used. NHTSA generally agrees with these comments. The agency proposes to amend the weight specifications in S7 of Standard 213 so that to the extent possible, each child restraint system would be subject to being tested using at least two test dummies. To ensure that all children recommended for a restraint are adequately restrained, the dummies used to test a restraint would represent a wide range of child sizes. However, NHTSA has not proposed to combine the 20 to 33 pound and the 33 to 40 pound ranges into a 20 to 40 pound range, as Cosco suggested. Cosco stated that it believes that the weight ranges should be combined so that child restraints in the 20 to 40 pound range are tested with the 9-month-old and 3-year-old dummies. NHTSA has tentatively determined that booster seats (typically recommended for children 30 pounds and above) need not be tested with the 9-month-old (20 pound) dummy. This is because the September 1993 NPRM on child booster seat safety included a proposal that booster seats must be labeled for children weighing not less than 30 pounds. If that proposal is adopted, the label would likely reduce the chances that a booster seat would be used with children weighing in the 20 pound range. Comments are requested on this issue. NHTSA proposes the following provisions for determining which dummy or dummies are to be used for testing child restraints, based on child mass:A child restraint that is recommended by its manufacturer for children in a specified weight range that includes any children having a mass less than 4 kilograms (i.e., 9 pounds or less) is tested with a newborn test dummy conforming to part 572 subpart K. A child restraint that is recommended for children in a specified weight range that includes any children having masses from 4 to not more than 9 kilograms (weights of 9 to 20 pounds) is tested with a newborn test dummy and a 9-month-old test dummy conforming to part 572 subpart J. A child restraint that is recommended for children in a specified weight range that includes any children having masses from 9 to not more than 13.5 kilograms (weights of 20 to 30 pounds) is tested with a 9-month-old test dummy and a 3-year-old test dummy conforming to part 572 subpart C. A child restraint that is recommended for children in a specified weight range that includes any children having masses equal to or greater than 13.5 kilograms (30 pounds and above) is tested with a 3-year-old test dummy and a 6-year-old test dummy conforming to part 572 subpart I. If a child restraint is recommended for a weight range of children that overlaps, in whole or in part, two or more of the weight ranges set out above, the restraint would be tested with the dummies specified for each of those ranges. Thus, for example, if a child restraint were recommended for children having masses greater than 13 kilograms, it would be tested with the 9-month-old dummy, the 3-year-old dummy and the 6-year-old dummy. 2. Dummy Selection Based on Recommended Sitting Height of Restraint Users The fundamental purpose of today's proposal is to ensure that each child restraint performs as intended in restraining the range of children recommended for it. Thus, in addition to the above specifications for selecting test dummies based on recommended weight ranges, the agency proposes to supplement those specifications with provisions for selecting test dummies based on recommended sitting height ranges. More specifically, NHTSA would establish supplementary provisions specifying the use of a particular test dummy based on the child restraint manufacturer's recommendations regarding the sitting height of the children for whom the restraint is intended. The effect of those provisions might in some cases be to increase the number and variety of dummies with which a child restraint would otherwise have been tested based solely on the manufacturer's recommendations regarding the weight of children for whom it's restraint is suitable. Since the Standard currently requires manufacturers to provide recommendations concerning (standing) height, this document proposes to change the Standard to require recommendations regarding sitting height instead of standing height. The sitting height of a seated child is measured from the seating surface to the top of the child's head. Comments are requested on the merits of using a sitting height criterion. This issue relating to the height of the restrained child was addressed by some commenters. Advocates commented that ``. . . child restraints must be compliance tested for specific ranges of child occupant sizes that appropriately match the restraint use recommendations to the size, weight, and height, of the intended child occupants.'' Cosco stated that as children get older, it is the height, instead of the weight, that becomes more of a determining factor in correct car seat use. The agency tentatively agrees that a manufacturer's recommendations about the suitability of the restraint for children of a particular height should be a factor in determining the size of the dummy or dummies to be used to test the restraint. NHTSA is concerned that if height were not a factor, it might be possible for a restraint to be tested with a dummy or dummies insufficiently representative of the range of children recommended for the restraint. This could occur if a manufacturer were to recommend inconsistent mass and height ranges. A manufacturer could create an inconsistency by recommending a height range that corresponds to children who are of greater mass (weight) than the masses expressly recommended by the manufacturer for the restraint. For instance, suppose an infant restraint were recommended for children with masses not more than 4 kilograms (approximately 9 pounds) and a sitting height of up to 475 mm. Although the use of both the newborn and 9-month-old dummies would be more representative of the users of the restraint, only the newborn dummy would be used if dummy selection were based solely on the mass recommendation. However, according to a report by the University of Michigan on ``Physical Characteristics of Children as Related to Death and Injury for Consumer Product Safety Design,'' Report No. PB-242-221, of children with masses of 4 kilograms, those in the 95th percentile have a sitting height of approximately 450 mm. Since the restraint is recommended for children with heights greater than the 95th percentile child, NHTSA has tentatively determined that it would be appropriate to test the infant restraint not only with the infant dummy, but also with a test dummy representative of a taller child (i.e., with the 9-month-old dummy). NHTSA proposes the following provisions for determining which dummy or dummies to use for testing child restraints, based on child sitting height. A child restraint that is recommended for children in a specified sitting height range that includes any children whose sitting height is not more than 450 mm (450 mm is approximately the sitting height for a 95th percentile newborn male child), is tested with a newborn test dummy conforming to part 572, subpart K. A child restraint that is recommended for children in a specified sitting height range that includes any children whose sitting height is between 451 mm and 500 mm (500 mm is approximately the sitting height for a 95th percentile nine-month-old male child whose mass is 9 kilograms), is tested with a newborn test dummy and a 9- month-old test dummy conforming to part 572, subpart J. A child restraint that is recommended for children in a specified sitting height range that includes any children whose sitting height is between 501 mm and 600 mm (600 mm is approximately the sitting height for a 95th percentile three-year-old male child whose mass is 13.5 kilograms), is tested with a 9-month-old test dummy and a 3-year-old test dummy conforming to part 572, subpart C. A child restraint that is recommended for children in a specified sitting height range that includes any children whose sitting height is equal to or greater than 600 mm is tested with a 3-year-old test dummy and a 6-year-old test dummy conforming to part 572, subpart I. If a child restraint is recommended for a sitting height range of children that overlaps, in whole or in part, two or more of the height ranges set out above, the restraint would be tested with the dummies specified for each of those ranges. Thus, for example, if a child restraint were recommended for children having sitting heights greater than 480 mm, it would be tested with the 9-month-old dummy, the 3-year- old dummy and the 6-year-old dummy. b. Performance Criteria The performance criteria which a child restraint must meet when restraining a dummy would generally be unchanged, except as described later in this section. Thus, the requirements regarding dynamic performance (including the head and chest injury criteria and excursion), force distribution, installation, child restraint belts and buckles and flammability would generally be uniform for all restraints, regardless of the size of the dummy used. For example, Standard 213 currently requires a child restraint to limit forces on the head and chest of the 3-year-old test dummy, to 1000 HIC (head) and 60 g's (chest). These criteria would be unchanged for testing done with the 6- year-old dummy. GM commented on the general appropriateness of the existing injury criteria for children. The HIC and chest g's injury criteria are the same as those specified in Standard 208, Occupant Crash Protection (49 CFR 571.208) for motor vehicles when they are tested with the 50th percentile adult male dummy. GM stated that it believes the values for the child dummies should be separately scaled from the adult dummy ``to reflect anatomical differences and differing injury tolerance of children.'' NHTSA does not agree. As to specifying different HIC values for each child dummy, the agency does not believe that a consensus exists on values for such limits. No person commenting on the agency's rulemaking proposals for child restraint systems, or otherwise providing information to the agency, has been able to provide actual data on head injury of children of various ages to support any suggested value for HIC other than 1000 HIC. Moreover, comments on NHTSA's planning document agreed that the limits of 1000 HIC and 60g chest are acceptable for the three- and six-year-old dummies. The commenters believed that those limits are not appropriate for smaller sized dummies, which is an issue not addressed by this NPRM. Based on this information, NHTSA is proposing to use the 1000 HIC and 60g chest acceleration limits of Standard 213 for the six-year-old dummy. Some requirements in Standard 213 would differ depending on the child test dummy used. As noted above, a child restraint might be tested with multiple dummies under this proposal. In that event, the largest of the dummies used in the testing would also be used for determining the applicability of the seat back requirement and for determining compliance with that requirement. However, the 6-year-old dummy would not be used to determine either whether a seat back is needed on a child restraint or whether a required seat back is high enough although that restraint had been tested for compliance with the dynamic performance requirements using a 6-year-old dummy. Standard 213 currently requires certain child seats to have a seat back to provide restraint against rearward movement of the child's head (rearward in relation to the child). (S5.2.1) The determination of whether a seat back is required on a child restraint is based on the dummy used in the compliance testing of the restraint. A child restraint need not have a seat back if a specified point on the dummy's head (approximately located at the top of the dummy's ears) is below the top of the standard seat assembly to which the restraint is attached for compliance testing. (S5.2.1.2) Booster seats are currently tested with the 3-year-old dummy, which sits low enough on the standard seat assembly that the point on the dummy's head is not above the top of the seat assembly. Since that dummy is used, booster seats need not have seat backs. If the 6-year-old dummy were to be incorporated into Standard 213 and if S5.2.1 were to remain unchanged, the impact on booster seats could be substantial. Most, if not all, booster seats (and perhaps other types of child seats) might have to be redesigned to have a seat back. This is because the sitting height of the 6-year-old dummy is higher than that of the 3-year-old. As a result, the critical point on the head of the 6-year-old dummy is likely to be above the top of the seat assembly. There may be additional costs associated with such redesign. NHTSA does not know of real world crash data that indicate a problem with head or neck injuries in rear impact crashes. (See also, denial of petition for rulemaking to require a special warning on child seats addressing possible whiplash injuries due to lack of head restraint. 56 FR 3064, January 28, 1991.) In view of the possible redesign costs and the apparent lack of a safety need for a seat back on boosters, NHTSA has tentatively determined that S5.2.1.1 should provide that the 6-year-old dummy is not used to determine the applicability of or compliance with the seat back requirements. Comments are requested on this issue. NHTSA is particularly interested in crash data indicating a need for a requirement for a seat back on booster seats. Comments are also requested on any additional costs that might result from redesigning child restraints to provide a seat back. A requirement that currently differs accordingly to the test dummy or dummies used in testing a child restraint, and would continue to do so under this proposal, is that regarding post-impact buckle force release (S5.4.3.5(b)). Currently, S5.4.3.5(b) requires each child seat belt buckle to release when a force of not more than 16 pounds is applied, while tension (simulating a child restrained in the child seat) is applied to the buckle. Tension is applied because a child in the seat could impose a load on the belt buckle which increases the difficulty of releasing it. The test procedures for this requirement (S6.2) specify that the applied tension is 20 pounds in the case of a system tested with a 6-month-old dummy and 45 pounds in the case of a system tested with a 3-year-old dummy. In both cases, the force level is based on the heaviest children who are likely to use the restraint. NHTSA proposes to amend S6.2 so that the tension would be 50 Newtons when the system is tested with a newborn dummy, 90 Newtons for tests with a 9-month-old dummy, 200 Newtons for tests with a 3-year-old dummy, and 270 Newtons for tests with a 6-year-old dummy. c. Clarifying Amendments NHTSA is also proposing three clarifying amendments unrelated to the addition of new sizes of dummies to Standard 213. Two of the amendments would clarify the standard's excursion requirements. The excursion requirement for built-in child restraints (S5.1.3.1(b)) prohibits the dummy's knee pivot from passing through a plane that is specified distance ``forward of the hinge point of the specific vehicle seat into which the system is built.'' Chrysler suggested (docket 74- 09-N24-001) that NHTSA amend the reference point because the ``hinge point of the specific vehicle seat'' cannot be readily defined for most vehicle seats. This is because most vehicle seats into which a built-in child restraint is fabricated do not have hinges for their backs, or are configured so that the hinge is not easily seen during dynamic testing. NHTSA is addressing this concern by proposing to reference the H- point on the seat, which is a reference point used in S11 of Standard 208, ``Occupant Crash Protection,'' and in S4.3 of Standard 210, ``Seat Belt Assembly Anchorages.'' The H-point of a specific vehicle seating position is determined by using equipment and procedures specified in the Society of Automotive Engineers (SAE) recommended practice SAE J826 (May 1987), ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation.'' The H-point is identified either during the seat's design by means of a two-dimensional drafting template, or after the vehicle is completely manufactured, by means of a three-dimensional device. The H-point is located at approximately the same location as the ``hinge point'' on a vehicle seat. However, since the H-point already must be identified by the vehicle manufacturer for purposes of Standards 208 and 210, it appears using the H-point for Standard 213 would be expedient. The other clarifying amendment relates to the excursion requirement for rear-facing child restraints (S5.1.3.2). S5.1.3.2 currently states that ``no portion of the target point on either side of the dummy's head'' shall pass through an area on the child restraint. The quoted language would be revised to remove the reference to a ``portion'' of the target point. The use of ``portion'' is incorrect since the target point is dimensionless. The third clarifying amendment relates to the requirement in the standard that limits the force that may be imposed on a child from the vehicle belt used to anchor the child seat to the vehicle (S5.4.3.2). S5.4.3.2 currently limits the force that is imposed by ``each belt that is part of a child restrain system and that is designed to restrain a child using the system and to attach the system to the vehicle.'' NHTSA proposes to also limit the force imposed by each Type 1 and the lap portion of a Type 2 vehicle belt that is used to attach the child seat to the vehicle. These belts, which anchor the child seat to the vehicle, function to absorb the forces of the crash into the frame of the vehicle. NHTSA is thus proposing that these belts not transfer those crash forces to the occupant child. d. Other Issues The July 1991 planning document identified several possible ways in which Standard 213 could be upgraded. These were incorporating the newborn, 9-month-old and 6-year-old dummies, changing aspects of Standard 213's test procedure (e.g., the characteristics of the seat assembly used to test child seats and the severity of the dynamic test); changing the injury criteria (HIC, chest g's); reducing allowable head excursion; facilitating the manufacture of belt- positioning child seats; and addressing the interaction of air bags and infant seats. Since issuance of the planning document, some of these issues have been addressed through the issuance of rulemaking notices, such as today's NPRM and the September 1993 NPRM on belt-positioning child seats. NHTSA has also issued an NPRM on the interaction of airbags and infant seats (NPRM at 58 FR 19792; April 16, 1993). All of the issues identified in the 1991 planning document as subjects of possible rulemaking have been explored in research projects. In some instances, research has shown that rulemaking does not appear warranted. For example, NHTSA determined that the configuration of today's vehicle interiors does not appear to pose a safety need to reduce allowable head excursion. This is based on a survey of late model vehicles that NHTSA conducted to assess vehicle interior dimensions and the fit of the three-year-old and six-year-old dummies, as well as on the fact that child restraints provide about 70 percent effectiveness in reducing serious injuries and fatalities when used in today's vehicle interiors. The findings of the research were summarized in a report titled, ``Assessment of Vehicle Interior Dimensions and Lap/Shoulder Belt Fit,'' October 1992 (VRTC-82-0236, ``Child Restraint Testing (Rulemaking Support)''). Another example where the agency's research has shown that rulemaking is not warranted was research addressing whether flexibility of the back of the test seat assembly affects that test dummy's performance during compliance testing of shield-type booster seats. The findings of this research were summarized in a report titled, ``Evaluation of Effects of FMVSS 213 Seat Back's Flexibility on Booster Seat Responses,'' October 1992, (VRTC-82-0236, id.) In other instances, more information on the issue is needed. For instance, as mentioned in section IIb (``Performance criteria'') of this preamble, information is generally unavailable on new, possibly more appropriate injury criteria for children. Relatedly, new, more sophisticated child test dummies are being developed, but more must be known about their performance, reliability and availability as possible Standard 213 test devices. NHTSA also seeks to learn more about a particular type of child restraining device that appears to be proliferating. These devices are designed to be attached to a vehicle Type II belt system to improve the fit of the system on children, and in some cases, on small adults. The agency seeks information on whether Standard 213 should be applied to these devices, and if so, which of the standard's requirements would be appropriate for those devices. The agency notes that the regulatory text proposed in this notice includes language that was proposed in the September 1993 NPRM on child booster seat safety. In some instances, comments were received on aspects of the September 1993 NPRM that are included in today's NPRM. For example, this notice includes text proposing specifications for the seat belt anchorage points on the standard seat assembly used to test belt-positioning booster seats. See proposed S6.1.1(c) of this notice. The agency is including the text that was proposed in the earlier notice simply to illustrate the complete appearance of the affected section. The agency is fully aware of the issues raised by commenters to various aspects of the September 1993 NPRM; it is not necessary for commenters to resubmit views on today's notice that were expressed in previous comments on the earlier NPRM. NHTSA emphasizes that inclusion of text from the September 1993 notice does not imply that such text will necessarily be adopted as proposed. III. Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures This rulemaking document was not reviewed under E.O. 12866, ``Regulatory Planning and Review.'' The agency has considered the impact of this rulemaking action under the Department of Transportation's regulatory policies and procedures, and has determined that it is not ``significant'' under them. NHTSA has prepared a preliminary regulatory evaluation for this action which discusses its potential costs, benefits and other impacts. A copy of that evaluation has been placed on the docket for this rulemaking action. Interested persons may obtain copies of the evaluation by writing to the docket section at the address provided at the beginning of this notice. To briefly summarize the evaluation, cost estimates from NHTSA contractor tests indicate that if two dummies were used to test each adjustable position of each restraint, the cost per position would be approximately $1,500. There are approximately 47 different models of child restraints on the market, with an estimated total of 185 adjustable positions. The total cost for all manufacturers of testing child restraints with two dummies instead of one would result in an incremental increase of $138,750 ($750 x 185 adjustable positions). Redesign costs are unknown, and have not been estimated. It appears this rulemaking would affect shield-type boosters. Tests of some of these boosters indicated that they generally could not adequately restrain the nine-month-old and six-year-old test dummies, even though they were recommended for children weighing the same as those dummies. NHTSA believes that some manufacturers might cease producing shield boosters that could not be certified as meeting Standard 213 when tested with an additional dummy, rather than redesign the shield boosters. The shield booster could be replaced with belt-positioning boosters, which are relatively easy to design. Some manufacturers might also relabel their restraints as being suitable for a narrower weight range of children, to avoid having their restraints tested with a particular test dummy (i.e., one representing a size of child that the restraint cannot restrain). The cost impact of the rule on child restraints other than shield boosters is unknown. NHTSA cannot quantify the benefits of this rulemaking. However, the agency believes this rulemaking would improve the safety of child restraint systems by providing for their more thorough compliance testing. The result of the rule would be to better ensure that each child restraint safely restrains the children for whom the restraint is recommended. Regulatory Flexibility Act NHTSA has considered the effects of this rulemaking action under the Regulatory Flexibility Act. I hereby certify that it would not have a significant economic impact on a substantial number of small entities. The agency knows of fourteen manufacturers of child restraints, seven of which NHTSA considers to be small businesses (including Kolcraft, which with an estimated 500 employees, is on the borderline of being a small business). A rule adopting today's proposals would increase the testing that NHTSA conducts of child restraints, which in turn would increase the certification responsibilities of manufacturers. However, the agency does not believe such an increase would constitute a significant economic impact on small entities, because these businesses currently must certify their products to the dynamic test of Standard 213. That is, the products of these manufacturers already are subject to dynamic testing using child test dummies. The effect of this rule on most child seats is to subject them to testing with an additional dummy. Assuming there are shield boosters that could not be certified as meeting Standard 213 when tested with an additional dummy, small manufacturers producing those boosters would have to redesign those restraints systems to meet the standard. However, those manufacturers could decide to replace nonconforming shield boosters with belt-positioning boosters, which are relatively easy to design. NHTSA expects that all manufacturers will enter the belt-positioning booster market. Some manufacturers might also relabel their restraints as being suitable for a smaller weight range of children, to avoid having their restraints tested with a particular test dummy (i.e., one representing a size of child that the restraint cannot restrain). Small organizations and governmental jurisdictions might be affected by a rule if these entities procure child restraint systems for programs such as loaner programs. However, available information indicates that only a small percentage of loaner programs carry booster seats. Further, while the cost of child restraints could increase, the agency believes the cost increase would be minimal. Thus, loaner program procurements would not be significantly affected by a final rule. 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. 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 would not have any significant impact on the quality of the human environment. Executive Order 12778 (Civil Justice Reform) This proposed rule does not have any retroactive effect. Under section 103(d) of the National Traffic and Motor Vehicle Safety Act (Safety Act; 15 U.S.C. 1392(d)), whenever a Federal motor vehicle safety standard is in effect, a state may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the state requirement imposes a higher level of performance and applies only to vehicles procured for the State's use. Section 105 of the Safety Act (15 U.S.C. 1394) sets forth a procedure for judicial review of final rules establishing, amending or revoking Federal motor vehicle safety standards. That section does not require submission of a petition for reconsideration or other administrative proceedings before parties may file suit in court. IV. Comments on the Proposal Interested persons are invited to submit comments on the proposal. It is requested, but not required, that 10 copies be submitted. All comments must not exceed 15 pages in length. (49 CFR 553.21). Necessary attachments may be appended to these submissions without regard to the 15-page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion. If a commenter wishes to submit certain information under a claim of confidentiality, three copies of the complete submission, including purportedly confidential business information, should be submitted to the Chief Counsel, NHTSA, at the street address given above, and seven copies from which the purportedly confidential information has been deleted should be submitted to the Docket Section. A request for confidentiality should be accompanied by a cover letter setting forth the information specified in the agency's confidential business information regulation. 49 CFR Part 512. All comments received before the close of business on the comment closing date indicated above for the proposal will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Comments received too late for consideration in regard to the final rule will be considered as suggestions for further rulemaking action. Comments on the proposal will be available for inspection in the docket. The NHTSA will continue to file relevant information as it becomes available in the docket after the closing date, and it is recommended that interested persons continue to examine the docket for new material. Those persons desiring to be notified upon receipt of their comments in the rules docket should enclose a self-addressed, stamped postcard in the envelope with their comments. Upon receiving the comments, the docket supervisor will return the postcard by mail. List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicles. In consideration of the foregoing, NHTSA proposes to amend 49 CFR part 571 as set forth below. PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for part 571 would continue to read as follows: Authority: 15 U.S.C. 1392, 1401, 1403, 1407; delegation of authority at 49 CFR 1.50. 2. Section 571.213 would be amended by-- a. revising S5, S5.1.3.1 (a) and (b), S5.1.3.2, the introductory paragraph of S5.2.1.2, S5.4.3.2, the introductory text of S5.4.3.5, S5.4.3.5 (a) and (b), S5.5.2(f), S5.5.5(f), S6 through S6.1.2, S6.2.2, S6.2.3, S7 through S7.2, S8.2.1, S8.2.3, and S8.2.4, b. removing S6.1.2.1 through S6.1.2.6 and S7.2.1 through S7.3, and c. adding S9 and S10, to read as follows: Sec. 571.213 Standard No. 213, Child restraint systems. * * * * * S5. Requirements. (a) Each motor vehicle with a built-in child restraint system shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph. (b) Each child restraint system manufactured for use in motor vehicles shall meet the requirements in this section when, as specified, tested in accordance with S6.1 and this paragraph. Each add- on system shall meet the requirements at each of the restraint's seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7. (c) Each child restraint system manufactured for use in aircraft shall meet the requirements in this section and the additional requirements in S8. * * * * * S5.1.3.1 * * * (a) In the case of an add-on child restraint system, no portion of the test dummy's head shall pass through a vertical, transverse plane that is 813 millimeters forward of point Z on the standard seat assembly, measured along the center SORL (as illustrated in figure 1B), and neither knee pivot point shall pass through a vertical, transverse plane that is 914 millimeters forward of point Z on the standard seat assembly, measured along the center SORL. (b) In the case of a built-in child restraint system, neither knee pivot shall pass through a vertical, transverse plane that is 686 millimeters forward of the H-Point as described in the Society of Automotive Engineers Recommended Practice ``Devices for Use in Defining and Measuring Vehicle Seating Accommodation,'' SAE J826, May 1987 (specified in ``S4.3.2, Seat Belt Anchorages for the Upper Torso Portion of Type 2 Seat Belt Assemblies,'' of 49 CFR (Sec. 571.210), Seat Belt Assembly Anchorages) of the specific passenger car seat into which the system is built, measured along a horizontal line passing through the H-Point and parallel to the vehicle's longitudinal center plane. S5.1.3.2 Rear-facing child restraint systems. In the case of each rear-facing child restraint system, all portions of the test dummy's torso shall be retained within the system and neither of the target points on either side of the dummy's head and on the transverse axis passing through the center of gravity of the dummy's head and perpendicular to the head's midsagittal plane, shall pass through the transverse orthogonal planes whose intersection contains the forward- most and top-most points on the child restraint system surfaces (illustrated in Figure 1C). * * * * * S5.2.1.2 The applicability of the requirements of S5.2.1.1 to a front-facing child restraint, and the conformance of any child restraint other than a car bed to those requirements is determined using the largest of the test dummies specified in S7.1 for use in testing that restraint; provided, that the 6-year-old dummy described in subpart I of part 572 of this title is not used to determine the applicability of or compliance with S5.2.1.1. A front-facing child restraint system is not required to comply with S5.2.1.1 if the target point on either side of the dummy's head is below a horizontal plane tangent to the top of-- * * * * * S5.4.3.2 Direct restraint. Each belt that is part of a child restraint system and that is designed to restrain a child using the system and to attach the system to the vehicle, and each Type 1 and lap portion of a Type 2 vehicle belt that is used to attach the system to the vehicle shall, when tested in accordance with S6.1, impose no loads on the child that result from the mass of the system, or (a) In the case of an add-on child restraint system, from the mass of the seat back of the standard seat assembly specified in S6.1, or (b) In the case of a built-in child restraint system, from the mass of any part of the vehicle into which the child restraint system is built. * * * * * S5.4.3.5 Buckle release. Any buckle in a child restraint system belt assembly designed to restrain a child using the system shall: (a) When tested in accordance with S6.2.1 prior to the dynamic test of S6.1, not release when a force of less than 40 Newtons is applied and shall release when a force of not more than 62 Newtons is applied; (b) After the dynamic test of S6.1, when tested in accordance with the appropriate sections of S6.2, release when a force of not more than 71 Newtons is applied; * * * * * S5.5.2 * * * (f) One of the following statements, inserting the manufacturer's recommendations for the maximum weight and sitting height of children who can safely occupy the system: (1) This infant restraint is designed for use by children who weigh ________ pounds or less and whose sitting height is ________ inches or less (the sitting height of a seated child is measured from the seating surface to the top of the child's head); or (2) This child restraint is designed for use only by children who weigh between ________ and ________ pounds and whose sitting height is ________ inches or less and who are capable of sitting upright alone (the sitting height of a seated child is measured from the seating surface to the top of the child's head); or (3) This child restraint is designed for use only by children who weigh between ________ and ________ pounds and whose sitting height is between ________ and ________ inches (the sitting height of a seated child is measured from the seating surface to the top of the child's head). * * * * * S5.5.5 * * * (f) One of the following statements, inserting the manufacturer's recommendations for the maximum weight and sitting height of children who can safely occupy the system: (1) This infant restraint is designed for use by children who weigh ________ pounds or less and whose sitting height is ________ inches or less (the sitting height of a seated child is measured from the seating surface to the top of the child's head); or (2) This child restraint is designed for use only by children who weigh between ________ and ________ pounds and whose sitting height is ________ inches or less and who are capable of sitting upright alone (the sitting height of a seated child is measured from the seating surface to the top of the child's head); or (3) This child restraint is designed for use only by children who weigh between ________ and ________ pounds and whose sitting height is between ________ and ________ inches (the sitting height of a seated child is measured from the seating surface to the top of the child's head). * * * * * S6. Test conditions and procedures. S6.1 Dynamic systems test for child restraint systems. The test conditions described in S6.1.1 apply to the dynamic systems test. The test procedure for the dynamic systems test is specified in S6.1.2. The test dummy specified in S7 is placed in the test specimen (child restraint), clothed as described in S9 and positioned according to S10. 6.1.1 Test conditions. (a) Test devices. (1) The test device for add-on restraint systems is a standard seat assembly consisting of a simulated vehicle bench seat, with three seating positions, which is described in Drawing Package SAS-100-1000, addendum A (dated July 1, 1993) (consisting of drawings and a bill of materials). The assembly is mounted on a dynamic test platform so that the center SORL of the seat is parallel to the direction of the test platform travel and so that movement between the base of the assembly and the platform is prevented. (2) The test device for built-in child restraint systems is either the specific vehicle shell or the specific vehicle. (i) Specific vehicle shell. (A) The specific vehicle shell, if selected for testing, is mounted on a dynamic test platform so that the longitudinal center line of the shell is parallel to the direction of the test platform travel and so that movement between the base of the shell and the platform is prevented. Adjustable seats are in the adjustment position midway between the forwardmost and rearmost positions, and if separately adjustable in a vertical direction, are at the lowest position. If an adjustment position does not exist midway between the forwardmost and rearmost position, the closest adjustment position to the rear of the midpoint is used. Adjustable seat backs are in the manufacturer's nominal design riding position. If such a position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy's neck is vertical, and if an instrumented test dummy is used, the accelerometer surfaces in the dummy's head and thorax, as positioned in the vehicle, are horizontal. If the vehicle seat is equipped with adjustable head restraints, each is adjusted to its highest adjustment position. (B) The platform is instrumented with an accelerometer and data processing system having a frequency response of 60 Hz channel class as specified in Society of Automotive Engineers Recommended Practice J211 JUN80 ``Instrumentation for Impact Tests.'' The accelerometer sensitive axis is parallel to the direction of test platform travel. (ii) Specific vehicle. For built-in child restraint systems, an alternate test device is the specific vehicle into which the built-in system is fabricated. The following test conditions apply to this alternate test device. (A) The vehicle is loaded to its unloaded vehicle weight plus its rated cargo and luggage capacity weight, secured in the luggage area, plus the appropriate child test dummy and, at the vehicle manufacturer's option, an anthropomorphic test dummy which conforms to the requirements of subpart B or subpart E of part 572 of this title for a 50th percentile adult male dummy placed in the front outboard seating position. If the built-in child restraint system is installed at one of the seating positions otherwise requiring the placement of a part 572 test dummy, then in the frontal barrier crash specified in (c), the appropriate child test dummy shall be substituted for the part 572 adult dummy, but only at that seating position. The fuel tank is filled to any level from 90 to 95 percent of capacity. (B) Adjustable seats are in the adjustment position midway between the forward-most and rearmost positions, and if separately adjustable in a vehicle direction, are at the lowest position. If an adjustment position does not exist midway between the forward-most and rearmost positions, the closest adjustment position to the rear of the midpoint is used. (C) Adjustable seat backs are in the manufacturer's nominal design riding position. If a nominal position is not specified, the seat back is positioned so that the longitudinal center line of the child test dummy's neck is vertical, and if an anthropomorphic test dummy is used, the accelerometer surfaces in the test dummy's head and thorax, as positioned in the vehicle, are horizontal. If the vehicle is equipped with adjustable head restraints, each is adjusted to its highest adjustment position. (D) Movable vehicle windows and vents are, at the manufacturer's option placed in the fully closed position. (E) Convertibles and open-body type vehicles have the top, if any, in place in the closed passenger compartment configuration. (F) Doors are fully closed and latched but not locked. (G) All instrumentation and data reduction is in conformance with SAE J211 JUN80. (b) the tests are frontal barrier impact simulations of the test platform or frontal barrier crashes of the specific vehicles as specified in S5.1 (Sec. 571.208) and for: (1) Test Configuration I, are at a velocity change of 30 mph with the acceleration of the test platform entirely within the curve shown in Figure 2, or for the specific vehicle test with the deceleration produced in a 30 mph frontal barrier crash. (2) Test Configuration II, are set at a velocity change of 20 mph with the acceleration of the test platform entirely within the curve shown in Figure 3, or for the specific vehicle test, with the deceleration produced in a 20 mph frontal barrier crash. (c) Attached to the seat belt anchorage points provided on the standard seat assembly (illustrated in Figures 1A and 1B) are Type 1 seat belt assemblies in the case of add-on child restraint systems other than belt-positioning seats, or Type 2 seat belt assemblies in the case of belt-positioning seats. These seat belt assemblies meet the requirements of Standard No. 209 (Sec. 571.209) and have webbing with a width of not more than 2 inches, and are attached to the anchorage points without the use of retractors or reels of any kind. (d) Performance tests under S6.1 are conducted at any ambient temperature from 19 deg. to 26 deg. F and at any relative humidity from 10 percent to 70 percent. (e) In the case of add-on child restraint systems, the restraint shall meet the requirements of S5 at each of its seat back angle adjustment positions and restraint belt routing positions, when the restraint is oriented in the direction recommended by the manufacturer (e.g., forward, rearward or laterally) pursuant to S5.6, and tested with the test dummy specified in S7. S6.1.2 Dynamic test procedure. (a) Activate the built-in child restraint or attach the add-on child restraint to the seat assembly as described below: (1) Test configuration I. (i) In the case of each add-on child restraint system other than a belt-positioning seat, child harness, a booster seat with a top anchorage strap, or a restraint designed for use by physically handicapped children, install a new add-on child restraint system at the center seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1, except that the add-on restraint shall be secured to the standard vehicle seat using only the standard vehicle lap belt. A child harness, a booster seat (other than a belt-positioning seat) with a top anchorage strap, or a restraint designed for use by physically handicapped children shall be installed at the center seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1. A belt- positioning seat shall be installed at either outboard seating position of the standard seat assembly in accordance with the manufacturer's instructions provided with the system pursuant to S5.6.1, except that the belt-positioning seat shall be secured to the standard vehicle seat using only the standard vehicle lap and shoulder belt. (ii) In the case of each built-in child restraint system, activate the restraint in the specific vehicle shell or the specific vehicle, in accordance with the manufacturer's instructions provided in accordance with S5.6.2. (2) Test configuration II. (i) In the case of each add-on child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a booster seat with a top anchorage strap, install a new add-on child restraint system at the center seating position of the standard seat assembly using only the standard seat lap belt to secure the system to the standard seat. (ii) In the case of each built-in child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2, or a built-in booster seat with a top anchorage strap, activate the system in the specific vehicle shell or the specific vehicle in accordance with the manufacturer's instructions provided in accordance with S5.6.2. (b) Tighten all belts used to attach the add-on child restraint system to the standard seat assembly to a tension of not less than 53.5 Newtons and not more than 67 Newtons, as measured by a load cell used on the webbing portion of the belt. (c) Place in the child restraint any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.6. (d) Assemble, clothe, prepare and position the dummy as specified in S7 through S10 and part 572 of this chapter, as appropriate. (e) If provided, shoulder and pelvic belts that directly restrain the dummy in add-on and built-in systems shall be adjusted as follows: Tighten the belts until a 9-Newton force applied (as illustrated in figure 5) to the webbing at the top of each dummy shoulder and to the pelvic webbing 50 millimeters on either side of the torso midsagittal plane pulls the webbing 7 millimeters from the dummy. (f) Accelerate the test platform to simulate frontal impact in accordance with Test Configuration I or II, as appropriate. (g) Determine conformance with the requirements in S5.1, as appropriate. * * * * * S6.2.2 After completion of the testing specified in S6.1 and before the buckle is unlatched, tie a self-adjusting sling to each wrist and ankle of the test dummy in the manner illustrated in Figure 4, without disturbing the belted dummy and the child restraint system. S6.2.3 Pull the sling tied to the dummy restrained in the child restraint system and apply a force whose magnitude is: 50 Newtons for a system tested with a newborn dummy; 90 Newtons for a system tested with a 9-month-old dummy; 200 Newtons for a system tested with a 3-year-old dummy; or 270 Newtons for a system tested with a 6-year-old dummy. The force is applied in the manner illustrated in Figure 4 and as follows: (a) Add-on Child Restraints. For an add-on child restraint other than a car bed, apply the specified force by pulling the sling horizontally and parallel to the SORL of the standard seat assembly. For a car bed, apply the force by pulling the sling vertically. (b) Built-in Child Restraints. For a built-in child restraint other than a car bed, apply the force by pulling the sling parallel to the longitudinal center line of the specific vehicle shell or the specific vehicle. In the case of a car bed, apply the force by pulling the sling vertically. * * * * * S7. Test dummies. (Subparts referenced in this section are of part 572 of this chapter.) S7.1 Dummy selection. (a) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass less than 4 kilograms, or by children in a specified sitting height range that includes any children whose sitting height is equal to or less than 450 mm, is tested with a newborn test dummy conforming to part 572 subpart K. (b) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass equal to or greater than 4 but less than 9 kilograms, or by children in a specified sitting height range that includes any children whose sitting height is greater than 450 mm but not greater than 500 mm, is tested with a newborn test dummy conforming to part 572 subpart K, and a 9-month-old test dummy conforming to part 572 subpart J. (c) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass equal to or greater than 9 but not greater than 13.5 kilograms, or by children in a specified sitting height range that includes any children whose sitting height is greater than 500 mm but not greater than 600 mm, is tested with a 9- month-old test dummy conforming to part 572 subpart J, and a 3-year-old test dummy conforming to part 572 subpart C and S7.2. (d) A child restraint that is recommended by its manufacturer in accordance with S5.5 for use either by children in a specified mass range that includes any children having a mass greater than 13.5 kilograms, or by children in a specified sitting height range that includes any children whose sitting height is greater than 600 mm, is tested with a 3-year-old test dummy conforming to part 572 subpart C and S7.2, and a 6-year-old test dummy conforming to part 572 subpart I. (e) A child restraint that meets the criteria in two or more of the preceding paragraphs in S7.1 is tested with each of the test dummies specified in those paragraphs. S7.2 Three-year-old dummy head. Effective September 1, 1993, this dummy is assembled with the head assembly specified in Sec. 572.16(a)(1) of this chapter. * * * * * S8.2.1 A standard seat assembly consisting of a representative aircraft passenger seat shall be positioned and adjusted so that its horizontal and vertical orientation and its seat back angle are the same as shown in Figure 6. * * * * * S8.2.3 In accordance with S10, place in the child restraint any dummy specified in S7 for testing systems for use by children of the heights and weights for which the system is recommended in accordance with S5.5 and S8.1. S8.2.4 If provided, shoulder and pelvic belts that directly restrain the dummy shall be adjusted in accordance with S6.1.2. * * * * * S9 Dummy clothing and preparation. S9.1 Type of clothing. (a) Newborn dummy. When used in testing under this standard, the dummy is unclothed. (b) Nine-month-old dummy. When used in testing under this standard, the dummy is clothed in terry cloth polyester and cotton size 1 long sleeve shirt and size 1 long pants, with a total mass of 0.136 kilograms. (c) Three-year-old and six-year-old dummies. When used in testing under this standard, the dummy is clothed in thermal knit, waffle-weave polyester and cotton underwear or equivalent, a size 4 long-sleeved shirt (3-year-old dummy) or a size 5 long-sleeved shirt (6-year-old dummy) having a mass of 0.090 kilograms, a size 4 pair of long pants having a mass of 0.090 kilograms and cut off just far enough above the knee to allow the knee target to be visible, and size 7M sneakers (3- year-old dummy) or size 12\1/2\ sneakers (6-year-old dummy) with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kilograms. S9.2 Preparing clothing. Clothing other than the shoes is machine- washed in 71 deg. C to 82 deg. C and machine-dried at 49 deg. C to 60 deg. C for 30 minutes. S9.3 Preparing dummies. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 19 deg. C to 25.5 deg. C and at any relative humidity from 10 percent to 70 percent for at least 4 hours. S10. Positioning the dummy and attaching the system belts. S10.1 Car beds. Place the test dummy in the car bed in the supine position with its midsagittal plane perpendicular to the center SORL of the standard seat assembly, in the case of an add-on car bed, or perpendicular to the longitudinal axis of the specific vehicle shell or the specific vehicle, in the case of a built-in car bed. Position the dummy within the car bed in accordance with the instructions for child positioning that the bed manufacturer provided with the bed in accordance with S5.6. S10.2 Restraints other than car beds. S10.2.1 Newborn dummy and nine-month-old dummy. Position the test dummy according to the instructions for child positioning that the manufacturer provided with the system under S5.6.1 or S5.6.2, while conforming to the following: (a) Prior to placing the 9-month-old test dummy in the child restraint system, place the dummy in the supine position on a horizontal surface. While placing a hand on the center of the torso to prevent movement of the dummy torso, rotate the dummy legs upward by lifting the feet 90 degrees. Slowly release the legs but do not return them to the flat surface. (b)(1) When testing forward-facing child restraint systems, holding the 9-month-old test dummy torso upright until it contacts the system's design seating surface, place the 9-month-old test dummy in the seated position within the system with the mid-sagittal plane of the dummy head-- (i) Coincident with the center SORL of the standard seating assembly, in the case of the add-on child restraint system, or (ii) Vertical and parallel to the longitudinal center line of the specific vehicle shell or the specific vehicle, in the case of a built- in child restraint system. (2) When testing rear-facing child restraint systems, place the newborn or 9-month old dummy in the child restraint system so that the back of the dummy torso contacts the back support surface of the system. For a child restraint system which is equipped with a fixed or movable surface described in S5.2.2.2 which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. If the dummy's head does not remain in the proper position, it shall be taped against the front of the seat back surface of the system by means of a single thickness of \1/4\-inch-wide paper masking tape placed across the center of the dummy's face. (c)(1) When testing forward-facing child restraint systems, extend the arms of the 9-month-old test dummy as far as possible in the upward vertical direction. Extend the legs of the 9-month-old dummy a far as possible in the forward horizontal direction, with the dummy feet perpendicular to the centerline of the lower legs. Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 Newtons, perpendicular to: (i) The plane of the back of the standard seat assembly, in the case of an add-on system, or (ii) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. (2) When testing rear-facing child restraints, position the newborn and 9-month-old dummy arms and legs vertically upwards and then rotate each arm and leg downward toward the dummy's lower body until the arm contacts a surface of the child restraint system or the standard seat assembly in the case of an add-on child restraint system, or the specific vehicle shell or the specific vehicle, in the case of a built- in child restraint system. Ensure that no arm is restrained from movement in other than the downward direction, by any part of the system or the belts used to anchor the system to the standard seat assembly, the specific shell, or the specific vehicle. S10.2.2 Three-year-old and six-year-old test dummy. Position the test dummy according to the instructions for child positioning that the restraint manufacturer provided with the system in accordance with S5.6.1 or S5.6.2, while conforming to the following: (a) Holding the test dummy torso upright until it contacts the system's design seating surface, place the test dummy in the seated position within the system with the midsagittal plane of the test dummy head-- (1) Coincident with the center SORL of the standard seating assembly, in the case of the add-on child restraint system, or (2) Vertical and parallel to the longitudinal center line of the specific vehicle, in the case of a built-in child restraint system. (b) Extend the arms of the test dummy as far as possible in the upward vertical direction. Extend the legs of the dummy as far as possible in the forward horizontal direction, with the dummy feet perpendicular to the center line of the lower legs. (c) Using a flat square surface with an area of 2580 square millimeters, apply a force of 178 Newtons, perpendicular to: (1) The plane of the back of the standard seat assembly, in the case of an add- on system, or (2) The back of the vehicle seat in the specific vehicle shell or the specific vehicle, in the case of a built-in system, first against the dummy crotch and then at the dummy thorax in the midsagittal plane of the dummy. For a child restraint system with a fixed or movable surface described in S5.2.2.2, which is being tested under the conditions of test configuration II, do not attach any of the child restraint belts unless they are an integral part of the fixed or movable surface. For all other child restraint systems and for a child restraint system with a fixed or movable surface which is being tested under the conditions of test configuration I, attach all appropriate child restraint belts and tighten them as specified in S6.1.2. Attach all appropriate vehicle belts and tighten them as specified in S6.1.2. Position each movable surface in accordance with the instructions that the manufacturer provided under S5.6.1 or S5.6.2. 3. Figure 4 of Sec. 571.213 would be removed and Figures 4A and 4B would be inserted in its place to read as follows: BILLING CODE 4910-59-M BILLING CODE 4910-59-C Issued on March 8, 1994. Barry Felrice, Associate Administrator for Rulemaking. [FR Doc. 94-5768 Filed 3-15-94; 8:45 am] BILLING CODE 4910-59-M