a. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures
The agency has considered the impacts of this final rule under Executive Order 12866 and the Department of Transportation's regulatory policies and procedures. While the NPRM was reviewed under the Executive Order, this document was not reviewed because it is considerably narrower than the NPRM and has minimal costs. This document was treated as "not significant" under the Department of Transportation's regulatory policies and procedures.
The estimated costs for this final rule are discussed in NHTSA's final regulatory evaluation (FRE) for this final rule. [17] There is a one-time cost of $1.68 million for manufacturers to purchase the new test dummies and $1.39 to $3.44 million to certify existing child restraints to the new dummies and test requirements. The annual long-term costs are estimated to be $31,200 to test new models of booster seats (including built-in restraints) with a weighted 6-year-old dummy. We believe that use of the new dummies, in itself, would not necessitate redesign of child restraints. The new dummies perform similarly to the ones presently used in compliance testing.
The agency does not believe that updating the seat assembly and revising the crash pulse will affect dummy performance to an extent that benefits would accrue from such changes, nor will benefits be gained by the change to the dummies. There could be safety benefits associated with keeping more infants rear-facing until they are at least 12-months old, which could result from the change to the CRABI and to having infant car seat/carriers be designed with higher back support structures. However, the agency cannot quantify any lives saved or injuries avoided from the amendment.
b. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended, requires agencies to evaluate the potential effects of their proposed and final rules on small businesses, small organizations and small governmental jurisdictions. I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities. NHTSA estimates there to be about 13 manufacturers of child restraints, four or five of which could be small businesses.
This rule will not generally increase the testing that NHTSA conducts of child restraints, except that booster seats, harnesses and other types of child restraints that could be recommended for children weighing over 50 lb will be tested with the weighted 6-year-old dummy, in addition to the dummies presently used to assess the performance of the restraint (generally these are the 3-year-old and the unweighted 6-year-old dummies). Thus, the certification responsibilities of manufacturers will not generally be affected. The agency does not believe this final rule will impose a significant economic impact on small entities, because these businesses currently must certify their products to the dynamic test of Standard No. 213. That is, the products of these manufacturers already are subject to dynamic testing using child test dummies. The effect of this final rule on most child restraints is to subject them to testing with new dummies in place of existing ones, and/or an additional dummy. Testing child restraints on a new seat assembly is not expected to significantly affect the performance of the restraints.
c. Executive Order 13132 (Federalism)
Executive Order 13132 requires NHTSA to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the proposed regulation. NHTSA also may not issue a regulation with Federalism implications and that preempts State law unless the agency consults with State and local officials early in the process of developing the proposed regulation.
We have analyzed this final rule in accordance with the principles and criteria set forth in Executive Order 13132 and have determined that this rule does not have sufficient Federal implications to warrant consultation with State and local officials or the preparation of a Federalism summary impact statement. The rule will not have any substantial impact on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials.
d. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal agencies to prepare a written assessment of the costs, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector, of more than $100 million in any one year ($100 million adjusted annually for inflation, with base year of 1995). (Adjusting this amount by the implicit gross domestic product price deflator for the year 2000 results in $109 million.) This final rule will not result in costs of $109 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector. Thus, this final rule is not subject to the requirements of sections 202 of the UMRA.
e. National Environmental Policy Act
NHTSA has analyzed this final rule for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this action will not have any significant impact on the quality of the human environment.
f. Executive Order 12778 (Civil Justice Reform)
This final rule will not have any retroactive effect. Under 49 U.S.C. 21403, whenever a Federal motor vehicle safety standard is in effect, a State may not adopt or maintain a safety standard applicable to the same aspect of performance which is not identical to the Federal standard, except to the extent that the state requirement imposes a higher level of performance and applies only to vehicles procured for the State’s use. 49 U.S.C. 21461 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.
g. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid OMB control number. This final rule does not contain any collection of information requirements requiring review under the Paperwork Reduction Act.
h. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) directs us to use voluntary consensus standards in our regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies, such as the International Organization for Standardization (ISO). The NTTAA directs us to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. The agency searched for, but did not find, voluntary consensus standards for use at this time.
i. Viewing Docket Submissions
You may read the comments received by Docket Management at Room PL-401, 400 Seventh Street, SW., Washington, DC, 20590 (telephone 202-366-9324). You may visit the Docket from 10:00 a.m. to 5:00 p.m., Monday through Friday.
You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1) Go to the Docket Management System (DMS) Web page of the Department of Transportation (http://dms.dot.gov/).
(2) On that page, click on "search."
(3) On the next page (http://dms.dot.gov/search/), type in the four-digit docket number shown at the beginning of this document. Example: If the docket number were "NHTSA-2002-1234," you would type "1234." After typing the docket number, click on "search."
(4) On the next page, which contains docket summary information for the docket you selected, click on the desired comments. You may download the comments. However, since the comments are imaged documents, instead of word processing documents, the downloaded comments are not word searchable.
Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements, Tires, Incorporation by Reference.
PART 571 - [Amended]
In consideration of the foregoing, NHTSA amends 49 CFR Part 571 as set forth below.
§571.5 Matter incorporated by reference
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(10) Child Restraint Systems Seat Assembly Drawing Package. Copies may be obtained by contacting: Leet-Melbrook, 18810 Woodfield Road, Gaithersburg, MD, 20879, telephone (301) 670-0090.
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The revised and added text and figures read as follows:
§571.213 Standard No. 213, Child restraint systems.
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S4. Definitions.
Child restraint system means any device, except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 30 kilograms (kg) or less.
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S5. Requirements.
* * *
(d) Each child restraint tested with a part 572 subpart N dummy that is weighted to weigh 28.2 kg need not meet S5.1.2 and S5.1.3.
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S5.1.2 Injury criteria. When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured before August 1, 2005, that, in accordance with S5.5.2, is recommended for use by children whose mass is more than 10 kg shall—
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S5.1.2.1 When tested in accordance with S6.1 and with the test dummies specified in S7, each child restraint system manufactured on or after August 1, 2005 shall—
(a) Limit the resultant acceleration at the location of the accelerometer mounted in the test dummy head such that, for any two points in time, t1 and t2, during the event which are separated by not more than a 36 millisecond time interval and where t1 is less than t2, the maximum calculated head injury criterion (HIC36) shall not exceed 1,000, determined using the resultant head acceleration at the center of gravity of the dummy head, ar, expressed as a multiple of g (the acceleration of gravity), calculated using the expression:
(b) The resultant acceleration calculated from the output of the thoracic instrumentation shall not exceed 60 g’s, except for intervals whose cumulative duration is not more than 3 milliseconds.
S5.1.2.2 At the manufacturer’s option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), child restraint systems manufactured before August 1, 2005 may be tested to the requirements of S5 while using the test dummies specified in S7.1.2 of this standard according to the criteria for selecting test dummies specified in that paragraph. That paragraph specifies the dummies used to test child restraint systems manufactured on or after August 1, 2005. If a manufacturer selects the dummies specified in S7.1.2 to test its product, the injury criteria specified by S5.1.2.1 of this standard must be met. Child restraints manufactured on or after August 1, 2005 must be tested using the test dummies specified in S7.1.2.
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S5.2 Force distribution.
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S5.2.1.1 * * *
(a) * * *
Table to S5.2.1.1(a)
| Weight1 | Height2 (in millimeters)(mm) |
|---|---|
Not more than 18 kg…………………........ More than 18 kg........................................... |
500 mm 560 mm |
1 When a child restraint system is recommended under S5.5 for use by children of the above weights.2 The height of the portion of the system seat back providing head restraint shall not be less than the above.
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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 for use in testing that restraint, provided that the 6-year-old dummy described in subpart I or subpart N 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—
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S5.2.3.1 Each child restraint system other than a child harness, manufactured before August 1, 2005, that is recommended under S5.5.2 for a child whose mass is less than 10 kg and that is not tested with the Part 572 Subpart R dummy, shall comply with S5.2.3.2.
S5.9 Attachment to child restraint anchorage system.
(a) Each add-on child restraint anchorage system manufactured on or after September 1, 2002, other than a car bed, harness and belt-positioning seat, shall have components permanently attached to the system that enable the restraint to be securely fastened to the lower anchorages of the child restraint anchorage system specified in Standard No. 225 (§571.213) and depicted in Drawing Package SAS-100-1000 with Addendum A: Seat Base Weldment (consisting of drawings and a bill of materials), dated October 23, 1998, or in Drawing Package, "NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003," (consisting of drawings and a bill of materials) dated June 3, 2003 (incorporated by reference; see §571.5). The components must be attached by use of a tool, such as a screwdriver. In the case of rear-facing child restraints with detachable bases, only the base is required to have the components.
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S6.1.1 Test conditions.
(a) Test devices.
(1) Add-on child restraints.
(ii) The test device for add-on restraint systems manufactured before August 1, 2005 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 with Addendum A: Seat Base Weldment (consisting of drawings and a bill of materials), dated October 23, 1998 (incorporated by reference in §571.5). 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.
(ii) The test device for add-on restraint systems manufactured on or after August 1, 2005 is a standard seat assembly consisting of a simulated vehicle bench seat, with three seating positions, which is depicted in Drawing Package, "NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-2003," (consisting of drawings and a bill of materials) dated June 3, 2003 (incorporated by reference; see §571.5). 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.
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(b) * * *
(1) Test Configuration I, are at a velocity change of 48 km/h with the acceleration of the test platform entirely within the curve shown in Figure 2 (for child restraints manufactured before August 1, 2005) or in Figure 2A (for child restraints manufactured on or after August 1, 2005), or for the specific vehicle test with the deceleration produced in a 48 km/h frontal barrier crash.
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(d)(1) When using the test dummies specified in 49 CFR Part 572, subparts C, I, J, or K, performance tests under S6.1 are conducted at any ambient temperature from 19º C to 26º C and at any relative humidity from 10 percent to 70 percent.
(2) When using the test dummies specified in 49 CFR Part 572, subparts N, P or R, performance tests under S6.1 are conducted at any ambient temperature from 20.6º C to 22.2º C and at any relative humidity from 10 percent to 70 percent.
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S6.2.3 Pull the sling tied to the dummy restrained in the child restraint system and apply the following force: 50 N for a system tested with a newborn dummy; 90 N for a system tested with a 9-month-old dummy; 90 N for a system tested with a 12-month-old dummy; 200 N for a system tested with a 3-year-old dummy; or 270 N for a system tested with a 6-year-old dummy; or 350 N for a system tested with a weighted 6-year-old dummy. The force is applied in the manner illustrated in Figure 4 and as follows:
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S7 Test dummies. (Subparts referenced in this section are of part 572 of this chapter.)
S7.1 Dummy selection. Select any dummy specified in S7.1.1, S7.1.2 or S7.1.3, as appropriate, for testing systems for use by children of the height and mass for which the system is recommended in accordance with S5.5. A child restraint that meets the criteria in two or more of the following paragraphs in S7 may be tested with any of the test dummies specified in those paragraphs.
S7.1.1 Child restraints that are manufactured before August 1, 2005, are subject to the following provisions:
(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 of not greater than 5 kg, or by children in a specified height range that includes any children whose height is not greater than 650 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 greater than 5 but not greater than 10 kg, or by children in a specified height range that includes any children whose height is greater than 650 mm but not greater than 850 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 greater than 10 kg but not greater than 18 kg, or by children in a specified height range that includes any children whose height is greater than 850 mm but not greater than 1100 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, provided, however, that the 9-month-old dummy is not used to test a booster seat.
(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 18 kg, or by children in a specified height range that includes any children whose height is greater than 1100 mm, is tested with a 6-year-old child dummy conforming to part 572 subpart I.
(e) A child restraint that is manufactured on or after August 1, 2005, and 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 22.7 kg, or by children in a specified height range that includes any children whose height is greater than 1100 mm, is tested with a part 572 subpart N dummy that is weighted to weigh 28.2 kg.
S7.1.2 Child restraints that are manufactured on or after August 1, 2005, are subject to the following provisions.
(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 of not greater than 5 kg, or by children in a specified height range that includes any children whose height is not greater than 650 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 greater than 5 but not greater than 10 kg, or by children in a specified height range that includes any children whose height is greater than 650 mm but not greater than 850 mm, is tested with a newborn test dummy conforming to part 572 subpart K, and a 12-month-old test dummy conforming to part 572 subpart R.
(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 greater than 10 kg but not greater than 18 kg, or by children in a specified height range that includes any children whose height is greater than 850 mm but not greater than 1100 mm, is tested with a 12-month-old test dummy conforming to part 572 subpart R, and a 3-year-old test dummy conforming to part 572 subpart P and S7.2, provided, however, that the 12-month-old dummy is not used to test a booster seat.
(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 18 kg, or by children in a specified height range that includes any children whose height is greater than 1100 mm, is tested with a 6-year-old child dummy conforming to part 572 subpart N.
(e) A child restraint that is manufactured on or August 1, 2005, 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 22.7 kg or by children in a specified height range that includes any children whose height is greater than 1100 mm is tested with a part 572 subpart N dummy that is weighted to weigh 28.2 kg.
S7.1.3 Voluntary use of alternative dummies. At the manufacturer’s option (with said option irrevocably selected prior to, or at the time of, certification of the restraint), child restraint systems manufactured before August 1, 2005 may be tested to the requirements of S5 while using the test dummies specified in S7.1.2 according to the criteria for selecting test dummies specified in that paragraph. Child restraints manufactured on or after August 1, 2005, must be tested using the test dummies specified in S7.1.2.
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S9.1 Type of clothing.
* * *
(c) 12-month-old dummy (49 CFR Part 572, Subpart R). When used in testing under this standard, the dummy specified in 49 CFR Part 572, Subparts R, is clothed in a cotton-polyester based tight fitting sweat shirt with long sleeves and ankle long pants whose combined weight is not more than 0.25 kg.
(d) Hybrid II three-year-old and Hybrid II six-year-old dummies (49 CFR Part 572, Subparts C and I). When used in testing under this standard, the dummies specified in 49 CFR Part 572, Subparts C and I, are 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 kg, a size 4 pair of long pants having a mass of 0.090 kg, 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 1/2M sneakers (6-year-old dummy) with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kg.
(e) Hybrid III 3-year-old dummy (49 CFR Part 572, Subpart P). When used in testing under this standard, the dummy specified in 49 CFR Part 572, Subpart P, 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 kg, a size 4 pair of long pants having a mass of 0.090 kg, and cut off just far enough above the knee to allow the knee target to be visible, and size 7M sneakers with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kg.
(f) Hybrid III 6-year-old dummy (49 CFR Part 572, Subpart N) and Hybrid III weighted 6-year-old dummy. When used in testing under this standard, the dummy specified in 49 CFR Part 572, Subpart N, weighted and unweighted, is clothed in a light-weight cotton stretch short-sleeve shirt and above-the-knee pants, and size 12 ½ M sneakers with rubber toe caps, uppers of dacron and cotton or nylon and a total mass of 0.453 kg.
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S9.3 Preparing dummies. (Subparts referenced in this section are of Part 572 of this chapter.)
S9.3.1 When using the test dummies conforming to Part 572 Subparts C, I, J, or K, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 19°C to 25.5°C and at any relative humidity from 10 percent to 70 percent, for at least 4 hours.
S9.3.2 When using the test dummies conforming to Part 572 Subparts N (weighted and unweighted), P, or R, prepare the dummies as specified in this paragraph. Before being used in testing under this standard, dummies must be conditioned at any ambient temperature from 20.6° to 22.2° C and at any relative humidity from 10 percent to 70 percent, for at least 4 hours.
* * * * *
S10.2.1 * * *
(b) * * *
(2) When testing rear-facing child restraint systems, place the newborn, 9-month-old or 12-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, tape it against the front of the seat back surface of the system by means of a single thickness of 6 mm-wide paper masking tape placed across the center of the dummy’s face.
(c)(1)(i) When testing forward-facing child restraint systems, extend the arms of the 9-month-old or 12-month-old test dummy as far as possible in the upward vertical direction. Extend the legs of the 9-month-old or 12-month-old test dummy as 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 2,580 square mm, apply a force of 178 N, perpendicular to:
* * * * *
(2) When testing rear-facing child restraint systems, extend the dummy’s arms vertically upwards and then rotate each arm 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.
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Figure 2A
Issued on
________________________________
Jeffrey W. Runge, M.D.
Administrator
Billing Code: 4910-59-P
[Signature page for TREAD Act Final Rule, Child Restraint Systems, RIN 2127-AI34]
[17] NHTSA’s final regulatory evaluation (FRE) discusses issues relating to the potential costs, benefits and other impacts of this regulatory action. The FRE is available in the docket for this rule and may be obtained by contacting Docket Management at the address or telephone number provided at the beginning of this document. You may also read the document via the Internet, by following the instructions in the section below entitled, "Viewing Docket Submissions." The FRE will be listed in the docket summary.