Federal Motor Vehicle Safety Standards; Child Restraint Systems |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Barry Felrice
Federal Register
May 27, 1994
[Federal Register: May 27, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. 74-09; Notice 37] RIN 2127-AF04 Federal Motor Vehicle Safety Standards; Child Restraint Systems AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Denial of petition for reconsideration. ----------------------------------------------------------------------- SUMMARY: This document denies a petition for reconsideration from Hassel Free, Inc., a manufacturer of built-in child restraints for vans. Petitioner sought reconsideration of a rule that specifies built- in restraints for vans are to be dynamically tested in the specific vehicle into which the restraint is installed or in the shell of that vehicle. Standard 213 specifies that the ``shell'' must have the features of the vehicle interior that surround a built-in restraint. Petitioner believed that requiring the shell to have these features unduly burdens van converters. NHTSA is denying the petition because the agency has determined that there is a safety need to test built-in restraints in vehicle shells. Further, NHTSA is denying the petition because the agency believes that van converters are not unduly burdened. FOR FURTHER INFORMATION CONTACT: Dr. George Mouchahoir, Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, DC, 20590 (telephone 202-366-4919). SUPPLEMENTARY INFORMATION: This document relates to an April 1993 rule that amended the requirements of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR 571.213), for built-in child restraint systems. Background In 1988, NHTSA amended Standard 213 to apply the standard to built- in restraints, which the amendment defined as child restraint systems which are ``an integral part of a passenger car.'' (53 FR 1783, January 22, 1988.) The amendment specified that these restraints must limit the head and chest acceleration and knee excursion of a child test dummy restrained in the system in a 30 mile per hour (mph) dynamic test. The amendment specified that NHTSA will test a built-in restraint in the specific vehicle in which it has been installed or in the ``specific vehicle shell'' of such vehicle. The amendment defined ``specific vehicle shell'' as the portion of the actual vehicle model into which the built-in child restraint system is installed, including the complete surroundings of the built-in system. (S4 of Standard 213.) For example, S4 of Standard 213 specifies that---- If the built-in child restraint system is manufactured as part of the rear seat, these surroundings include the back of the front seat, the interior rear side door panels and trim, the rear seat, the floor pan, the B and C pillars, and the ceiling. * * * In 1993, NHTSA amended some of the provisions relating to built-in systems. 58 FR 19776; April 16, 1993. Among other things, it amended the definition of a built-in system to include restraints that are designed to be an integral part of vehicles other than passenger cars. As a result of this amendment, built-in systems for vans (which are considered ``multipurpose passenger vehicles'' under NHTSA's regulations, 49 CFR 571.3) became subject to the standard's dynamic performance requirements. Under the amendment, the built-in restraints for vans were required to restrain test dummies seated in the restraints such that the head and chest accelerations and the knee excursion of the dummies were within allowable limits specified in the standard. As noted above, Standard 213 already had test procedures for testing built-in systems for passenger cars, i.e., testing in the specific vehicle or the specific vehicle shell. The amendment applied these same procedures to built-in systems for vans. The amendment has the effect of specifying that NHTSA is to dynamically test all built-in systems in the specific vehicle in which the restraint is installed or the specific vehicle shell of such vehicle. Petition for reconsideration NHTSA received a petition for reconsideration of the 1993 rule from Hassel Free, Inc., a manufacturer of built-in child restraints for vans. Hassel Free earlier had commented favorably on NHTSA's notice of proposed rulemaking that preceded the April 1993 rule. Hassel Free expressed concern in its petition about the test burdens that the compliance test would impose on van converters, the parties to whom Hassel Free sells its built-in restraints. Petitioner said that van converters, which are typically small businesses, lack the resources to test the built-in restraints in the specific vehicle shell.1 Hassel Free believed that van converters will choose not to purchase and install built-in restraints rather than incur the costs of testing the systems in the specific van shells. --------------------------------------------------------------------------- \1\Petitioner focused its objections on testing built-in child restraints in the specific vehicle shell instead of in the specific vehicle. Presumably, Hassel Free objected to the former and not to the latter because petitioner conducts, and anticipates van converters conducting, the shell test and not the vehicle test. --------------------------------------------------------------------------- Petitioner suggested that instead of testing built-in restraints in the specific vehicle shell, NHTSA should test built-in systems in a manner used to test add-on (i.e., portable) child restraints. Add-on restraints are dynamically tested on a ``standard seat assembly'' representative of a typical vehicle seat. The standard seat assembly lacks the features of the vehicle that are in a vehicle shell, e.g., the back of a front seat, the interior rear side door panels and trim or the vehicle floor pan. Petitioner said it would be less costly to test a built-in restraint on a standard seat assembly that lacked the features of the vehicle than on the specific vehicle shell with the vehicle features. Hassel Free argued that it is unfair not to test built-in systems in the same way as add-on systems since, petitioner believed, built-in systems are safer than add-ons: [B]uilt-in restraints have been demonstrated to significantly out perform add-ons. Excursion in add-ons is significantly higher, thus making a specific vehicle shell test more significant for these restraints. Agency Response The agency has decided to deny Hassel Free's petition. NHTSA disagrees with each of the arguments underlying the petition. The first argument is that Standard 213's compliance test procedure unduly burdens built-in restraint manufacturers. Petitioner did not dispute that dynamically testing built-in systems for vans will better ensure the safe performance of those restraints in crashes, or question that manufacturers must bear some responsibility for ensuring that their restraints will provide the level of crash protection required by the standard. Instead, the petitioner suggested that NHTSA change the means of conducting the dynamic test to lessen what the petitioner believed were unnecessary burdens on small manufacturers. The agency has decided against changing the test procedures after considering the nexus between the standard's performance requirements and the laboratory compliance test. Standard 213 specifies requirements that reduce the likelihood that, in a crash, a child using a child restraint system will be injured by the collapse or disintegration of the system, or by contact with interior of the vehicle, or by imposition of intolerable forces by the restraint system. Standard 213's dynamic test must simulate an actual vehicle crash to ensure that these requirements are effective in protecting the child and that the restraint will perform in the real world as it does in the laboratory. For the most accurate evaluation, the simulation must be as representative of a real world crash as possible. Testing a built-in restraint in the specific vehicle shell approximates a real world crash almost as nearly as possible. Only testing a built-in restraint in an actual vehicle provides a better approximation. The parts of the vehicle interior that are included in the specific vehicle shell are those parts that a child positioned in the system could contact during a frontal crash. 52 FR 9194, 9196; March 23, 1987 (NPRM to permit built-in restraints in passenger cars). Without those parts, the representativeness of the test would be severely reduced, and the ability of the test to evaluate the safety of a built-in system would be compromised. It should be noted that it is because the shell replicates the actual vehicle that Standard 213 does not specify limits on the head excursion of the child dummy restrained in a built-in system. NHTSA determined it is unnecessary to limit head excursion for built-in restraints if the standard limits the head acceleration of the restrained dummy and the dummy impacts in the shell any structure that might be present in the vehicle in the real world. Id., at 9194. If features of the vehicle interior that a child could impact are not included in the apparatus that tests a built-in restraint, an incomplete evaluation of the child seat's performance would result. That is, it would be possible that head acceleration might be within the limits of the standard even though a child's head could strike harmful structures in the vehicle interior in an actual crash. For these reasons, NHTSA concludes that the burden of testing a built-in restraint in a specific vehicle shell is not undue. Hassel Free made other arguments with which NHTSA does not agree. Petitioner believed built-in restraints should be tested on a standard seat assembly without the surrounding features of the vehicle interior because built-in restraints universally outperform add-on restraints with regard to head excursion. Petitioner did not provide any information supporting this claim. Further, the agency does not believe that a head excursion limit would be an appropriate measure of the ability of a built-in system to provide head impact protection. A head excursion limit is unnecessary for built-in child restraints because these restraints will be tested in the actual environment (either in the vehicle or in a vehicle shell that replicates the actual vehicle) in which the restraint is installed in the real world, and because the testing directly measures forces on the head of the restrained test dummy. As long as those measured forces are below a head injury criterion (HIC) of 1,000, the dummy's head may travel any distance and may impact any object in the test environment (those objects would be ``soft,'' i.e., padded, for the HIC to be less than 1,000). A head excursion limit is undesirable because it would restrict travel of the head even when a HIC measurement resulting from excursion over the limit shows that the excursion would not result in harm. Petitioner argued that NHTSA should test built-in restraints without the surrounding features of the vehicle interior because its restraints can be installed in innumerable vehicles with different interiors. NHTSA believes testing in the specific vehicle shell is needed because of this variation in the design of vehicle interiors. Built-in restraints can be installed by the manufacturer anywhere in the vehicle, e.g., the front seat, or middle row of seats in vans, or rear seat. Seat location can vary significantly, and so too can the features of the vehicle interior surrounding a built-in restraint, including features such as roof pillars, consoles or other hard structures. To assure that a restrained child does not hit structures in the vehicle interior, NHTSA must test the built-in restraint with the surroundings of the vehicle interior that a child can impact in a crash. However, the built-in restraint manufacturer has control over which vehicle interiors will surround its restraints. Standard 213 requires built-in restraint manufacturers to specify in installation instructions accompanying the restraints which types of vehicles and seating positions the restraint can or cannot be installed. (S5.6.3, adopted by the April 1993 final rule.) By limiting the vehicle models and seating locations in which the restraint is to be installed, the manufacturer can manage its certification responsibilities. The manufacturer would be responsible for the compliance of its restraints with respect to the specified vehicles and positions. The NPRM preceding the April 1993 final rule explained the significance of a built-in restraint manufacturer's specifying the vehicle models and seating positions that are suitable for its restraints. Such specification has important implications and advantages for manufacturers of built-in restraints that do not also manufacture the vehicle in which the restraint is installed. The NPRM stated: The instructions would establish the assumptions that the [built-in restraint] manufacturer had about the vehicle interior that form the basis for the [restraint's] certification. The instructions specify attributes about the vehicle interior that are compatible or incompatible with the restraint. For example, the instructions could state that the restraint must not be installed within a specified distance from any rigid interior structures. The instructions would help ensure that a built-in restraint performs as intended in the real world. NHTSA also believes that the installation instructions would help facilitate compliance testing. If the instructions were specific as to the vehicle types suitable for the restraint, the agency could determine the configuration of the ``specific vehicle shell or the specific vehicle'' (S6.1.1.1(a)) for testing the restraint. The agency would install the restraint pursuant to the manufacturer's instructions. The restraint's performance in the test would be representative of its performance in the vehicle. 57 FR 870, 872 (January 9, 1992). In other words, built-in restraint manufacturers are responsible for the compliance of their systems in vehicles and seating positions in which they anticipate that their restraints will be installed. They can control where the restraints are installed by specifying limits in the installation instructions accompanying the restraint. (These instructions are typically provided to professionals, not the public, because installing a built-in restraint into the vehicle as a permanent structure requires more technical ability than that of the average consumer.) The built-in restraint manufacturer can avoid a noncompliance resulting from use of its restraint in a particular vehicle or seating position by identifying those vehicles and seating positions that are appropriate for its restraint. Hassel Free said it was economically unfeasible to test its restraint with each van interior to assess the ability of the restraint to comply with Standard 213. Testing the restraint with the interior of each van, regardless of limitations in the manufacturer's instructions, is not required by NHTSA. Further, it is not even necessary to test the restraint in each model of van which the manufacturer specifies as being suitable for the restraint. A manufacturer that tests its restraint for certification purposes could limit its testing by deciding to test only a ``worst case'' scenario, i.e., testing under the most austere or unfavorable conditions and circumstances specified in the standard. Relying on worst case testing as a basis for a manufacturer's certification is commonplace among manufacturers. For example, Standard 208, ``Occupant Crash Protection,'' requires injury criteria to be met with the test vehicle traveling forward at any speed ``up to and including 30 mph'' into a fixed barrier ``that is perpendicular to the line of travel of the vehicle, or at any angle up to 30 degrees in either direction from the perpendicular'' (S5.1). Manufacturers typically test a vehicle at 30 mph into a perpendicular barrier since that is the worst case test. The manufacturers believe that if the vehicle passes that worst case test, it is reasonable to conclude it will pass less severe tests (e.g., at lower speeds into angled barriers). Some elements that should be considered in selecting a worst case test for a built-in restraint manufacturer would be the interior dimensions of the vehicle into which the built-in seat is installed, the characteristics of the vehicle seat into which the seat is fabricated, the attachment of the vehicle seat to the vehicle, the integrity of the restraint's belt system, and the proximity of structures that could be impacted by the dummy's head in a crash. Incorporating these elements into the test assembly is not cost significant. Hassel Free could test its restraint on the modified test assembly only for the worst case scenario and without undue economic burden. Hassel Free argued that van converters will not want to install the petitioner's built-in child restraint in a vehicle when they are faced with the responsibility to certify the vehicle to Standard 213. NHTSA believes that any decision not to install a built-in child seat will stem from reasons other than the certification responsibility. NHTSA's certification regulations (49 CFR part 567) require van converters to ensure that the alteration they make to a previously-certified vehicle, or the work done to finish an unfinished vehicle, is in conformance with all applicable FMVSS's. Any device covered by an FMVSS that is installed on a new vehicle must be certified as complying with that standard. A van converter that installs any seat (with or without a built-in child seat) in the van, or any item of glazing, or any lighting equipment or brake hose or safety belt, must certify the compliance, and thus the safety of, that item and installation. Van converters can certify the compliance of a built-in seat without conducting a vehicle or shell test. The compliance test procedures described in the FMVSS's prescribe the procedures that the agency must use to test a vehicle or item of equipment for compliance with the standard. Manufacturers are not required to use those procedures. In the case of Standard 213, they may certify the compliance of their vehicles or child restraints to Standard 213 using any information they choose.2 Hassel Free's vehicle converter has the option of deciding it is reasonable to depend on the assurances of Hassel Free that the built-in child seat will meet Standard 213 (e.g., based on worst case testing) in making its certification. In addition to Hassel Free's worst case testing, the vehicle converter has the option of satisfying its certification responsibilities by conducting a vehicle or shell test, or performing engineering analyses such as computer simulations of the item's performance in a particular vehicle. --------------------------------------------------------------------------- \2\If the manufacturer's product fails NHTSA's compliance test, the manufacturer must show the basis for its certification. If a manufacturer did not exercise due care in certifying its products, it will be subject to civil penalties in addition to the recall responsibilities associated with all noncompliances. --------------------------------------------------------------------------- In deciding whether and the degree to which to test, the vehicle converter determines the validity and merits of the supplier's assurances. This process of weighing the validity of the supplier's assurances is the same whether it is a built-in child seat that the converter is installing, or any other supplied item of equipment (e.g., vehicle seat, safety belt, glazing or lighting equipment). Petitioner's claims that van converters will not install built-in child restraints in their vehicles because of the requirement to certify to Standard 213's dynamic requirements are unpersuasive. For the reasons provided above, the agency is denying Hassel Free's petition. Issued on May 23, 1994. Barry Felrice Associate Administrator for Rulemaking. [FR Doc. 94-12960 Filed 5-26-94; 8:45 am] BILLING CODE 4910-59-P