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Rule2026-18380

Federal Motor Vehicle Safety Standard No. 213a; Child Restraint Systems-Side Impact Protection; Federal Motor Vehicle Safety Standard No. 213; Child Restraint Systems, Federal Motor Vehicle Safety Standard No. 213b; Child Restraint Systems; Incorporation by Reference

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Published

September 9, 2026

Effective

October 9, 2026

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

This final rule amends the safety standards for child restraint systems (CRSs). NHTSA is amending Federal motor vehicle safety standard (FMVSS) No. 213a, "Child restraint systems--side impact protection," to exempt school bus CRSs from the standard's requirements as long as they meet specified labeling requirements; to delay the compliance date from June 30, 2025 to December 5, 2026; to amend the dummy selection requirements so that the Child Restraint Air Bag Interaction twelve-month-old test dummy (CRABI-12MO) will not be used to test forward-facing CRSs; and to amend positioning procedures for that dummy. The first two of these amendments are in response to petitions from CRS manufacturers. NHTSA is also amending FMVSS No. 213, "Child restraint systems" and FMVSS No. 213b, "Child restraint systems; Mandatory applicability beginning December 5, 2026," to exclude school bus CRSs from the requirements to provide attachments for connection to the vehicle's child restraint anchorage system and to change certain labeling requirements to reflect how school bus child restraints are used.

Full Text

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<title>Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026)</title>
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[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Rules and Regulations]
[Pages 57265-57274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18380]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2025-0046]
RIN 2127-AM62

Federal Motor Vehicle Safety Standard No. 213a; Child Restraint
Systems--Side Impact Protection; Federal Motor Vehicle Safety Standard
No. 213; Child Restraint Systems, Federal Motor Vehicle Safety Standard
No. 213b; Child Restraint Systems; Incorporation by Reference

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule; grant of petitions for rulemaking and other
amendments.

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SUMMARY: This final rule amends the safety standards for child
restraint systems (CRSs). NHTSA is amending Federal motor vehicle
safety standard (FMVSS) No. 213a, ``Child restraint systems--side
impact protection,'' to exempt school bus CRSs from the standard's
requirements as long as they meet specified labeling requirements; to
delay the compliance date from June 30, 2025 to December 5, 2026; to
amend the dummy selection requirements so that the Child Restraint Air
Bag Interaction twelve-month-old test dummy (CRABI-12MO) will not be
used to test forward-facing CRSs; and to amend positioning procedures
for that dummy. The first two of these amendments are in response to
petitions from CRS manufacturers. NHTSA is also amending FMVSS No. 213,
``Child restraint systems'' and FMVSS No. 213b, ``Child restraint
systems; Mandatory applicability beginning December 5, 2026,'' to
exclude school bus CRSs from the requirements to provide attachments
for connection to the vehicle's child restraint anchorage system and to
change certain labeling requirements to reflect how school bus child
restraints are used.

DATES:
Effective date: The effective date of this final rule is October 9,
2026.
Compliance date: The revised compliance date for FMVSS No. 213a is
December 5, 2026. The compliance date for the updated labeling
requirements in FMVSS No. 213 adopted by this final rule is December 8,
2026. The compliance date for the updated labeling requirements in
FMVSS No. 213b is December 5, 2026. Optional early compliance with
FMVSS Nos. 213, 213a, and 213b is permitted. The incorporation by
reference of certain material listed in this rule was approved by the
Director of the Federal Register as of June 24, 2003 and December 5,
2023.
Reconsideration date: If you wish to petition for reconsideration
of this rule, your petition must be received by October 26, 2026.

ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Note that all petitions
received will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>,
including any personal information provided.
Docket: For access to the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, or the
street address listed above. Follow the online instructions for
accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Cristina Echemendia, Office of Crashworthiness Standards (email:
<a href="/cdn-cgi/l/email-protection#105362796364797e713e557378757d757e74797150747f643e777f66"><span class="__cf_email__" data-cfemail="1556677c66617c7b743b50767d7078707b717c7455717a613b727a63">[email&#160;protected]</span></a>). For legal issues, you may contact John
Piazza, Office of Chief Counsel (email: <a href="/cdn-cgi/l/email-protection#feb4919690d0ae979f84849fbe9a918ad0999188"><span class="__cf_email__" data-cfemail="581237303676083139222239183c372c763f372e">[email&#160;protected]</span></a>). You can
reach these officials by phone at 202-366-1810. Address: National
Highway Traffic Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Amendments to Side Impact Requirements (FMVSS No. 213a)
A. Exempt School Bus CRSs From Side Impact Requirements
B. Exclude the CRABI-12MO From Testing Forward-Facing CRSs and
Make Corresponding Amendments to the Dummy Positioning Procedures
C. Delay the Compliance Date From June 30, 2025 to December 5,
2026
IV. Amendments to Frontal Impact Requirements (FMVSS Nos. 213 and
213b) and 49 CFR 571.5
V. Cost and Benefits
VI. Incorporation by Reference
VII. Effective Date and Compliance Date
VIII. Regulatory Notices and Analyses

I. Executive Summary

\1\ 90 FR 23009.
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Specifically, this final rule amends the side impact standard
(FMVSS No. 213a) by:
<bullet> Exempting school bus CRSs from the side impact
requirements in FMVSS No. 213a because these requirements

[[Page 57266]]

were not designed to apply to school buses, which do not pose the type
of side-impact crash risks the standard was designed to address.
<bullet> Delaying the compliance date of FMVSS No. 213a from June
30, 2025 to December 5, 2026 to enable small manufacturers \2\ to
complete validation and conformance testing at oversubscribed third-
party test facilities.
---------------------------------------------------------------------------

\2\ In the context of this final rule a ``small manufacturer''
is referring to CRS manufacturers with smaller market share which do
not typically have their own lab to develop their products.
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<bullet> Amending the dummy selection criteria in FMVSS No. 213a
regarding the Child Restraint Air Bag Interaction twelve-month-old test
dummy (CRABI-12MO) \3\ so that it will not be used to test forward-
facing CRSs for side impact requirements in FMVSS No. 213a. NHTSA makes
this change because the rulemaking prohibits CRS manufacturers from
recommending forward-facing CRSs for children weighing less than 12 kg
(26.5 pounds) and the CRABI-12MO represents a smaller child.
---------------------------------------------------------------------------

\3\ 49 CFR part 572, subpart R--CRABI 12-Month-Old Infant, Alpha
Version.
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<bullet> Amending the positioning procedures for the CRABI-12MO to
reflect that the dummy would no longer be tested with forward-facing
CRSs.
This final rule also amends FMVSS No. 213, ``Child restraint
systems'' and FMVSS No. 213b ``Child restraint systems; Mandatory
applicability beginning December 5, 2026,'' by:
<bullet> Excluding school bus CRSs from the requirements to provide
attachments for connection to the vehicle's child restraint anchorage
system because school bus CRSs are designed to be mounted to the seat
back and seat pan, and school bus seats do not generally include
anchorage systems.\4\
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\4\ As defined in FMVSS No. 225, ``Child restraint anchorage
systems,'' a child restraint anchorage system means a vehicle system
that is designed for attaching a child restraint system to a vehicle
at a particular designated seating position, consisting of: (a) Two
lower anchorages meeting the requirements of Sec. 571.225 S9; and
(b) A tether anchorage meeting the requirements of Sec. 571.225 S6.
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<bullet> Amending the S5.5.2(g)(1)(ii) label statement requirement
to be consistent with how school bus CRSs are installed.
<bullet> Making technical corrections to the regulatory text in
FMVSS No. 213 S5.9(a) and 49 CFR 571.5 related to references to certain
documents previously incorporated by reference.

II. Background

This final rule amends three different safety standards: FMVSS No.
213, ``Child restraint systems; Applicable unless a vehicle or child
restraint system is certified to Sec. 571.213b;'' FMVSS No. 213b,
``Child restraint systems; Mandatory applicability beginning December
5, 2026;'' and FMVSS No. 213a, ``Child restraint systems--side impact
protection.'' FMVSS No. 213, established in the 1970s, sets out
requirements for CRSs including requirements for frontal impact
protection. FMVSS No. 213b, established in December 2023, updates
aspects of FMVSS No. 213 and is set to replace FMVSS No. 213 on
December 5, 2026. FMVSS No. 213a, established in June 2022, sets forth
side impact protection requirements for CRSs.
On May 30, 2025, NHTSA published a notice of proposed rulemaking
(NPRM) (90 FR 23009) in response to three petitions for reconsideration
that NHTSA is treating as petitions for rulemaking.\5\ The NPRM
proposed to exempt school bus CRSs from the side impact requirements
and to delay the compliance date of FMVSS No. 213a. The NPRM also
proposed to amend the dummy selection criteria in FMVSS No. 213a so
that the CRABI-12MO would not be used to test forward-facing CRSs. The
NPRM also proposed updates to FMVSS No. 213 and 213b to exclude school
bus CRSs from requirements to provide attachments for connection to a
vehicle's child restraint anchorage system and to amend a label
requirement for school bus CRSs so the label reflects the attachment
type (seat back mount) these CRSs use to attach to the school bus seat.
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\5\ NHTSA received three petitions for reconsideration of the
October 2024 (89 FR 81836) final rule responding to petitions for
reconsideration of the December 2023 final rule (88 FR 84514)
establishing FMVSS No. 213b, ``Child restraint systems; Mandatory
applicability beginning December 5, 2026.'' However, the three
petitions for reconsideration did not request any amendments to the
October 2024 final rule and instead requested amendments to FMVSS
No. 213a. Because the requests were outside the scope of the October
2024 final rule, and in accordance with NHTSA's regulations, the
agency decided to treat the three petitions for reconsideration as
new petitions for rulemaking.
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On July 2, 2025, NHTSA published a notice of enforcement discretion
(90 FR 28909) that announced a temporary pause on NHTSA's enforcement
of the applicability of FMVSS No. 213a for CRSs produced on or after
June 30, 2025 and until the date of publication of any rule finalizing
NHTSA's May 30, 2025 proposal.
There were fifteen (15) comments to the NPRM. Four comments were
from individual CRS manufacturers--Dorel Juvenile Group, Inc. (Dorel);
Graco Children's Products, Inc. (Graco); IMMI; and BESI, Inc. (BESI).
One comment was submitted jointly by six CRS manufacturers with
relatively small market share--Baby Trend, Babyark, Diono, Doona
(Traveler Innovations Ltd), KidsEmbrace, and WAYB--and one consulting
firm (DECA Consulting).\6\ Eight comments were from private citizens,
and two comments were from pupil transportation organizations: National
Association of State Directors of Pupil Transportation Services
(NASDPTS) and National Association of Pupil Transportation (NAPT). The
NPRM generally received wide support from commenters except for two
commenters opposing the delay in FMVSS No. 213a compliance date.
Details of the comments and NHTSA's response are provided in the
following sections.
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\6\ Six of these commenters (Baby Trend, Babyark, Diono, Doona,
KidsEmbrace, and Deca Consulting) were also among the group of CRS
manufacturers and the consulting firm who petitioned for an
extension in lead time for FMVSS No. 213a. In this notice, we refer
to the signatories to the jointly submitted comment as the ``Small
CRS Manufacturers Group.''
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III. Amendments to Side Impact Requirements (FMVSS No. 213a)

A. Exempt School Bus CRSs From Side Impact Requirements

In the NPRM, the agency proposed to exclude school bus CRSs from
side impact requirements in FMVSS No. 213a. This proposal was in
response to IMMI \7\ and BESI \8\ petitions that requested NHTSA amend
FMVSS No. 213a so that this type of restraint would not be subject to
the side impact protection standard.
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\7\ NHTSA-2024-0058-0003.
\8\ NHTSA-2024-0058-0004.
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IMMI described in its petition its school bus CRS product named the
``Student Transportation Add-on Restraint'' (STAR), which consists of a
harness attached to a rigid seat base that provides fixed anchorage
points for the harness's lap belt and crotch strap. IMMI explained that
because the purpose of the STAR is to secure safely the child to the
school bus seat, there is no shell component in this restraint to
provide protection for side impact collisions. IMMI stated that ``due
to the nature of its design, [STAR] is not capable of meeting the newly
established side impact requirements of FMVSS 213a.'' It also explained
what it viewed as the advantages of the product and noted that NHTSA
has included this type of CRS in its training materials. IMMI and BESI
each stated that unless school bus CRSs are excluded from side impact
requirements, it would have to stop production of these CRSs (for the
U.S. market) and that this would affect Head Start programs that
require the use of child restraint systems in school bus transportation
of their students.

[[Page 57267]]

Comments
Twelve commenters--IMMI, BESI, NASDPTS, NAPT, and eight private
citizens \9\--supported the proposal to exclude school bus CRSs from
FMVSS No. 213a requirements. No commenter opposed the proposal.
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\9\ Kimberly Loughlin, Jimmy Lacy, Susan Shutrump, Wilson
Barnes, Jacob Whilhite, Judy Korn, Michelle Summers and an anonymous
route coordinator for special needs students.
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Agency Response
This final rule excludes school bus CRSs from the side impact
requirements. As noted in the NPRM, school bus CRSs should be excluded
because of practicability concerns about the ability of the school bus
CRS to meet the proposed requirements and because school bus CRSs serve
a niche market where the needs cannot be met by any other type of CRS.
NHTSA also recognizes that the side impact crash environment of a
school bus is significantly different from the simulated side impact
test in FMVSS No. 213a, which simulates a near-side impact of a small
passenger car. Accordingly, NHTSA corrects this inconsistency in FMVSS
No. 213a and amends the applicability of the CRS side impact standard
to exempt explicitly all school bus CRSs.

B. Exclude the CRABI-12MO From Testing Forward-Facing CRSs and Make
Corresponding Amendments to the Dummy Positioning Procedures

Child restraint systems must meet the performance requirements in
FMVSS Nos. 213, 213a, and 213b when tested dynamically with specific
anthropomorphic test devices (test dummies). FMVSS Nos. 213a and 213b
specify testing with the CRABI-12MO for CRSs recommended for children
weighing 5 kilograms (kg) (11 pounds) to 13.6 kg (30 pounds) and
specify a 3-year-old dummy--the Hybrid III 3-year-old dummy \10\ for
213b and Q3s \11\ for 213a--for testing CRSs recommended for children
weighing greater than 13.6 kg (30 pounds) but not greater than 18 kg
(40 pounds).\12\ However, FMVSS No. 213b states that the CRABI-12MO
will not be used to test forward-facing CRSs because recent updates to
FMVSS No. 213 and 213b now require that forward-facing CRSs cannot be
recommended for children weighing less than 12 kg (26.5 pounds).
Therefore, testing a forward-facing CRS to the requirements of FMVSS
No. 213a with a 10 kg (22 pounds) CRABI-12MO would not be appropriate,
as the dummy's weight is not within the recommended weight range of
forward-facing CRSs. The NPRM therefore proposed to exclude forward-
facing CRSs from being tested with the CRABI-12MO in the side impact
test to align dummy selection specified in FMVSS No. 213a for the side
impact test with that in FMVSS No. 213b for the frontal impact test.
NHTSA proposed to add a sentence in S7.1(a) to state that the CRABI-
12MO dummy will not be used to test forward-facing CRSs.
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\10\ 49 CFR Part 572, subpart P--3-year-Old Child Crash Test
Dummy, Alpha Version.
\11\ 49 CFR Part 572, subpart W--Q3s Three-Year-Old Child Test
Dummy.
\12\ FMVSS Nos. 213 and 213b have additional different sized
dummies for evaluating frontal impacts.
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Comments
Four CRS manufacturers (BESI, IMMI, Dorel and Graco) and a private
citizen (Michelle Summers) supported the proposal to remove the
requirement to test with the CRABI-12MO in forward-facing car seats
during 213a testing. No commenter opposed the proposal.
Agency Response
This final rule amends FMVSS No. 213a so that the CRABI-12MO is not
used to test a forward-facing child restraint system recommended for
children weighing greater than 5 kg (11 pounds) but not greater than
13.6 kg (30 pounds), or for children whose height is greater than 650
millimeters but not greater than 870 millimeters. NHTSA believes CRSs
should be tested with the same size test dummies in both the frontal
impact and side impact tests to minimize burden on CRS manufacturers.
NHTSA also believes that a requirement to test a CRS in a configuration
that the agency prohibits CRS manufacturers from recommending is
unnecessary and burdensome.
The agency is also finalizing its proposal to delete paragraphs
S9.1(c) and (d) in FMVSS No. 213a because those sections contain
positioning information relating to testing forward-facing CRSs with
the CRABI-12MO, which are no longer relevant given the amendments
described above. NHTSA is also amending S9.1(b). Currently, that
section describes how to position the CRABI-12MO in a ``forward-
facing'' child restraint system. Instead, S9.1(b) will now indicate how
to position the CRABI-12MO dummy in CRSs used rear-facing using the
same procedure in FMVSS No. 213b for consistency between the standards.
For completeness, the update also includes the rotation plane required
for positioning the dummy's arm.

C. Delay the Compliance Date From June 30, 2025 to December 5, 2026

The petition for rulemaking from the group of CRS manufacturers
\13\ requested a delay of the June 30, 2025 compliance date of the CRS
side impact standard, FMVSS No. 213a, to prevent ``significant market
disruption resulting from a reduced availability of child restraint
systems and higher costs than necessary for those that are available.''
The petitioners argued that the extension is needed because of
``inconsistent results within individual labs and lab to lab
variation,'' and the limited ``availability of compliance lab sled
time'' to develop their products to certify compliance with the new
standard. CRS manufacturers with smaller market share (such as the
petitioners) do not typically have their own lab to develop their
products and are dependent on commercial compliance lab sled time. The
petitioners suggested that the agency consider moving the FMVSS No.
213a compliance date to December 5, 2026 to match the compliance date
of FMVSS No. 213b. In the NPRM, NHTSA proposed to grant the petition to
delay the compliance date of FMVSS No. 213a to December 5, 2026.
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\13\ BabyTrend, Babyark, DECA Consulting, Diono, Doona,
KidsEmbrace, Peg Perego, and Safe Traffic System.
---------------------------------------------------------------------------

Comments
Five commenters--IMMI, BESI, a group of six CRS manufacturers and
one consulting company (the Small CRS Manufacturers Group), and 2
private citizens--supported the proposal to delay the FMVSS No. 213a
compliance date to December 5, 2026. Two CRS manufacturers--Dorel and
Graco--opposed it. Dorel and Graco are CRS manufacturers with a larger
share of the market and have their own test labs, which facilitates
product development because they are not as dependent on commercial lab
sled time for their development work.
Specifically, the Small CRS Manufacturers Group commented that they
would need to cease the production of certain models and delay
production of other models if the compliance date was not delayed,
resulting in reduced availability of child restraints in the market.
This group added that variance in their sled test outcomes resulted in
the need to test the CRS designs in multiple laboratories. The Small
CRS Manufacturers Group further explained that increased demand for CRS
sled testing has caused delays in test lab availability, which in turn
lengthened the development

[[Page 57268]]

timeline for compliant designs. These commenters stated that delaying
the compliance date to December 5, 2026, would provide the necessary
time to complete development and validation of the new CRS designs,
while preventing market disruption that could reduce availability of
compliant CRSs or increase costs to consumers.
In contrast, Dorel opposed delaying the FMVSS No. 213a compliance
date. Dorel stated that the arguments from the ``relatively small car
seat manufacturers'' (petitioners) that there would be a significant
market disruption resulting in reduced availability of CRSs were
``without merit.'' Dorel explained that it, together with several other
manufacturers, sell most car seats in the U.S. and have already begun
selling FMVSS No. 213a-compliant CRSs for several months. Dorel also
claimed that even some of the petitioners have FMVSS No. 213a compliant
CRSs in the market already. Dorel concluded that the market disruption
claimed by the petitioners ``is not supported by the evidence.'' Dorel
also added that the petitioner's concerns on variability would not be
solved by the delay in compliance date and stated that only additional
research would help identify the sources of variation.
Similarly, Graco did not support a delay of the FMVSS No. 213a
compliance date because, Graco stated, most manufacturers already
updated their products to meet the new side impact requirements. Graco
explained that shortly after the final rule was published, retailers
expressed their desire to carry only FMVSS No. 213a-certified products
by the compliance date. Graco added that retailers have been purchasing
FMVSS No. 213a certified CRSs since the fall of 2024 and that retailers
have been discontinuing purchases of products not meeting the side
impact standard. Graco argued that a shortage of products does not and
will not exist because the ``absence of the petitioner's products has
already been accounted for by retailer purchasing decisions.'' Graco
also added that since belt positioning boosters would not need to meet
FMVSS No. 213a, there would be no shortage of belt positioning boosters
in the market.
Graco also stated that the compliance date delay would ``punish in
the marketplace those companies that invested in compliance to the
provisions of FMVSS No. 213a under the original three-year schedule.''
Graco explained that since the new dummy selection criteria indicates
CRSs recommended for 13.6 kg (30 pounds) or more would be tested with
the Q3s dummy, FMVSS No. 213a compliant rear-facing only CRSs already
have updated product instructions, labels, marketing and promotional
materials to reflect a 30 pounds maximum weight limit. Graco added that
the compliance date delay would allow non-FMVSS No. 213a compliant
products to continue selling infant carriers for children weighing more
than 30 pounds, which some consumers may choose instead, even though
they are not FMVSS No. 213a compliant. Graco also argued that granting
the extension would ``forgo some or all of the societal benefits of
injury prevention.'' \14\
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\14\ Graco also argued that, if NHTSA extended the compliance
date, it would happen after the mandatory compliance date (June 30,
2025) for FMVSS No. 213a. As explained earlier in this document, on
July 2, 2025 NHTSA published a notice of enforcement discretion
announcing a temporary pause on the enforcement of the applicability
of FMVSS No. 213a for CRSs produced on or after June 30, 2025 until
the date of publication of any rule finalizing NHTSA's May 30, 2025
proposal.
---------------------------------------------------------------------------

Dorel also asked for a clarification on footnote 26 in the NPRM
that states: ``It would be permissible for manufacturers to recommend a
seat for forward-facing use for a subset of children weighing between
10 kg (22 pounds) and 13.6 kg (30 pounds)--namely, children weighing
less than 12 kg (26.5 pounds)--but NHTSA has decided not to specify the
CRABI-12MO for testing CRS designated for forward-facing . . .''
Agency Response
After considering the comments, NHTSA has decided to delay the
compliance date of FMVSS No. 213a to December 5, 2026. When considering
the impacts resulting from the delay in the compliance date, NHTSA
takes into account the entirety of the CRS market. The agency
considered the potential negative impacts to small manufacturers that
may result in long-term impacts to market competition if some are
forced to exit the market should an extension not be granted.
Similarly, the agency considered the negative impacts to those
manufacturers that are already complying with the requirement, but also
noted that those manufacturers may gain a competitive advantage during
the extension in lead time. Overall, the agency concluded that the
negative impacts to the market would be greater in the case that delay
in the compliance date was not granted.
NHTSA is mindful of the disparate effect of regulations on small
and large manufacturers. Small manufacturers, such as the petitioners,
may find it more costly and time consuming to comply with the
regulation due to lack of their own testing facilities. This can
potentially lead small manufacturers to exit the CRS market, resulting
in reduced competition and consumer options. The agency considered the
potential burden that small manufacturers may face when developing and
testing their products to meet the FMVSS No. 213a requirements by the
original compliance date of June 30, 2025. Rather than creating
specific requirements for these small CRS manufacturers to relieve
regulatory burden, the agency decided to extend the lead time afforded
to all CRS manufacturers. The delay in compliance date provided in this
final rule would ease the burden on small manufacturers and make it
less likely that they would be forced to exit the CRS market, thereby
helping to preserve competition and consumer choice in the CRS market
without significant loss in safety benefits. The costs and benefits of
this final rule are further discussed in section V.
The agency has also concluded that CRS manufacturers whose products
are already in compliance with FMVSS No. 213a would not be negatively
impacted by this final rule. The agency acknowledges that several CRS
manufacturers have expended time and resources to meet the requirements
of FMVSS No. 213a by the original compliance date of June 30, 2025.
Furthermore, many of those manufacturers have demonstrated voluntary
early compliance to FMVSS No. 213a. Those manufacturers that would
continue to comply with the requirement even under the extended time
before the new compliance date will provide a societal benefit through
the safety benefits realized by their improved CRSs. These
manufacturers may also gain a competitive advantage relative to those
manufacturers that do not comply with the standard during the extended
time. As noted by Graco, manufacturers that are not yet certifying
their applicable CRSs to FMVSS No. 213a are unable to sell their
products to bigger retailers that require the certification. These
manufacturers may still be able to sell their products in some retail
stores or directly to the consumer but would miss the advantages of
larger retail stores. Caregivers in the process of purchasing a child
restraint may prefer CRSs that have additional safety features, such as
FMVSS-certified side impact protection, to enhance crash protection to
their children. With respect to Graco's argument that a delay in the
compliance date would punish the manufacturers that are already
complying with the side impact requirements because CRS

[[Page 57269]]

manufacturers that do not have CRSs that meet FMVSS No. 213a (or FMVSS
No. 213b) requirements can still market their infant carriers (rear-
facing CRSs) for children weighting over 30 pounds, NHTSA reviewed the
available infant carriers in the current market and the vast majority
are already recommending infant carriers for children weighing 30
pounds or less. There is a small number of infant carriers recommended
for children weighing 35 pounds or less. However, due to the small
number of such models and because these models are from small
manufacturers, those volumes would not likely be significant enough to
disadvantage bigger manufacturers that are already complying with FMVSS
No. 213a.\15\
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\15\ We note that the standard does not limit infant carriers
from being recommended for children over 30 pounds. However, the
standard does require the infant carrier to be tested with the Q3s
dummy if it is recommended for children over 30 pounds.
---------------------------------------------------------------------------

Regarding Dorel's request to clarify footnote 26 in the NPRM, NHTSA
clarifies that the footnote is incorrect. The footnote should have
stated ``It would be permissible for manufacturers to recommend a seat
for forward-facing use for a subset of children weighing between 10 kg
(22 pounds) and 13.6 kg (30 pounds)--namely, children weighing more
than 12 kg (26.5 pounds)--but NHTSA has decided not to specify the
CRABI-12MO for testing CRS designated for forward-facing use for such
children to simplify the requirements.''

IV. Amendments to Frontal Impact Requirements (FMVSS Nos. 213 and 213b)
and 49 CFR 571.5

The NPRM proposed to exclude ``school bus CRSs'' from the FMVSS
Nos. 213 and 213b S5.9(a) requirements for CRSs to provide lower anchor
attachments. These attachments are unnecessary for school bus CRSs
because these CRSs attach to the school bus seat using a seat back
mount. The NPRM also proposed to amend the labeling requirements in
S5.5.2(g)(1)(ii) of FMVSS Nos. 213 and 213b regarding how to secure the
CRS to the vehicle. Because the requirement lists the ``child restraint
anchorage system'' or ``vehicle belt'' as methods to attach the CRS to
the vehicle, NHTSA proposed to adopt a requirement specific for school
bus CRSs that states that the school bus child restraint is secured to
the school bus seat using the child restraint's seat back mount instead
of the ``child restraint anchorage system or vehicle belt'' because
those methods of attachment are not applicable when using school bus
CRSs.

Comments

Eleven commenters--2 CRS manufacturers (IMMI and BESI), NASDPTS,
NAPT and 7 private citizens \16\--supported the proposal to exclude
school bus CRSs from the requirement to provide lower anchorage
attachments in FMVSS Nos. 213 and 213b. No commenter opposed the
proposal.
---------------------------------------------------------------------------

\16\ Kimberly Loughlin, Jimmy Lacy, Susan Shutrump, Wilson
Barnes, Jacob Whilhite, Judy Korn, Michelle Summers.
---------------------------------------------------------------------------

Agency Response

NHTSA is amending FMVSS Nos. 213 and 213b to exclude ``school bus
CRSs'' from the S5.9(a) requirements and amending S5.5.2(g)(1)(ii) so
that the required labeling statement reflects that school bus CRSs are
attached using a seat back mount. In addition, to align with the
installation methods used to test CRSs under FMVSS Nos. 213 and 213b,
the updated labeling requirement in section S5.5.2(g)(1)(ii) will allow
manufacturers to indicate either a seat back mount or a seat back and
seat pan mount as acceptable installation options for school bus child
restraints.
NHTSA is also making two technical corrections to the regulatory
text related to paragraph S5.9 in FMVSS Nos. 213 and 213b. First,
paragraph S5.9(a) in FMVSS No. 213b references NHTSA Standard Seat
Assembly; FMVSS No. 213, No. NHTSA-213-2021, (March 2023), which is
incorporated by reference in 571.5(k)(6). The final rule corrects the
formatting of the title of this document in 571.5(k)(6). Second,
paragraph S5.9 in FMVSS No. 213 references (among other things)
``Drawing Package SAS-100-1000, Standard Seat Belt Assembly with
Addendum A.'' As S5.9 notes, this document is incorporated by reference
in Sec. 571.5(k)(2). For clarification, NHTSA is amending S5.9 to add
the phrase ``Seat Base Weldment'' to the title of this document.

V. Costs and Benefits

Due to the change in compliance date, some of the benefits and
costs associated with meeting the requirement of FMVSS No. 213a will be
delayed. The NPRM estimated a cost savings to consumers of
approximately $10.58 million assuming all CRS manufacturers would delay
compliance with FMVSS No. 213a to December 5, 2026. However, because
Dorel and Graco have noted in their comments that most of their
applicable products are now compliant with FMVSS No. 213a, NHTSA is
revising the estimated cost savings to reflect our revised assumption
that 100 percent of applicable CRSs from large manufacturers, 50
percent of CRSs from medium-size manufacturers, and 0 percent of CRSs
from small manufacturers will be certified to FMVSS No. 213a prior to
the compliance date of December 5, 2026. The revised estimates also
assume that the large, medium and small manufacturers have a 60
percent, 30 percent, and 10 percent market share, respectively.
The revised analysis estimates that the cost savings to consumers
resulting from a delay in the compliance date for FMVSS No. 213a from
June 30, 2025 to December 5, 2026 is approximately $2.65 million. When
discounting at three and seven percent, this final rule would result in
cost savings to society of approximately $2.59 million and $2.53
million, respectively. Because most large CRS manufacturers are already
certifying their products to FMVSS No. 213a and these CRSs account for
most CRSs currently sold by large retailers, a great portion of the
benefits estimated for the June 2022 final rule (annually 3.7 lives
saved and 40.9 serious injuries prevented) would still be realized. The
delay in the compliance date provided in this final rule would ensure
small manufacturers are not forced to exit the CRS market, thereby
preserving competition and consumer choice in the CRS market without
significant loss in safety benefits. The full analysis of these cost
savings is docketed along with this final rule.\17\
---------------------------------------------------------------------------

\17\ The Final Regulatory Evaluation (FRE) of FMVSS No. 213a;
Child Restraint Systems--Side Impact Protection will be docketed
along with this final rule.
---------------------------------------------------------------------------

Similar to the cost savings from the extended lead time of the
compliance date discussed above, exempting school bus CRSs from the
side impact requirements may result in a cost savings for
manufacturers, as it is likely that school bus CRS manufacturers that
could not comply with FMVSS No. 213a by June 30, 2025 would have had to
stop manufacturing school bus CRSs. Exempting school bus CRSs from
compliance with FMVSS No. 213a would ensure that school bus CRS
manufacturers can continue to manufacture their products after June 30,
2025. There are potential safety benefits by exempting school bus child
restraint systems from side impact protection requirements and lower
anchorages attachment requirements by ensuring these products can
continue to be sold to head start programs and daycares.

[[Page 57270]]

Removing the requirement to test CRSs in forward facing mode with
the CRABI-12MO for side impact protection, would have no impacts on
safety but would reduce yearly testing costs by approximately $1.29
million.\18\
---------------------------------------------------------------------------

\18\ There are currently 48 convertible CRS models, 60 all-in-
one CRS models and 21 combination CRS models. Each forward-facing
convertible, combination and all-in-one CRS would no longer be
tested using the CRABI-12MO in a forward-facing configuration. The
cost of a side impact sled test is estimated at $5,000. Therefore,
the temporary additional test cost is estimated to be $1,290,000
(129 CRS Models X $5000 X 2 test installation configurations with
CRABI-12MO in forward-facing mode).
---------------------------------------------------------------------------

Finally, exempting school bus CRSs from compliance with the FMVSS
Nos. 213 and 213b lower anchorages attachment requirements will likely
result in a cost savings. If the agency did not adopt this amendment,
school bus CRSs would need to be equipped with hardware that would
allow the school bus CRSs to attach to the lower anchorages in a motor
vehicle other than a school bus. This would be unnecessary, as school
bus CRSs are not designed for use in other types of motor vehicles. In
addition, FMVSS Nos. 213 and 213b have a requirement that school bus
CRSs must be labeled to inform the consumer that school bus CRSs are
for use only in school buses. Accordingly, the agency believes there
would be some cost savings associated with exempting school bus CRSs
from this unnecessary attachment requirement. However, the agency is
unable to estimate those cost savings. Exempting school bus CRSs from
this lower anchorage attachment requirement is not expected to impact
safety because school bus CRSs are attached to the school bus seat
using the school bus CRS seat back mount. Therefore, there is no change
in the safety benefits associated with this amendment in the final
rule.

VI. Incorporation by Reference

The following materials appear in the amendatory text of this final
rule and have already been approved for the locations in which they
appear:
<bullet> Drawing Package SAS-100-1000, Standard Seat Belt Assembly
with Addendum A, Seat Base Weldment (approved June 24, 2003);
<bullet> Drawing Package, ``NHTSA Standard Seat Assembly; FMVSS No.
213, No. NHTSA-213-2003'' (approved June 24, 2003); and
<bullet> NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-
213-2021 (March 2023) (approved December 5, 2023).
This final rule makes no changes to the IBR material.

VII. Effective Date and Compliance Date

The Administrative Procedure Act requires a 30-day delay in
effective date for final rules unless an exception applies. See 5
U.S.C. 553(d). The amendments in this final rule become effective
October 9, 2026.
As explained earlier, this final rule delays the compliance date
for FMVSS No. 213a to December 5, 2026 to preserve competition and
consumer choice in the CRS market without significant loss in safety
benefits.
The compliance date for the updated labeling requirements in FMVSS
No. 213 adopted by this final rule is 90 days after the effective date
of the final rule. The compliance date for the updated labeling
requirements in FMVSS No. 213b is December 5, 2026; this is the same as
the date that CRSs must be certified to the new standard. NHTSA notes
that the NPRM proposed that the compliance date for the updates to the
labeling requirements in FMVSS Nos. 213 and 213b to be the same as the
effective date of the final rule. However, manufacturers of school bus
child restraints may need additional time to make the necessary updates
to the labels to comply with the updated labeling requirements.
Therefore, the final rule provides 90 days for compliance with the
updated labeling requirements in FMVSS No. 213. Because the compliance
date for FMVSS No. 213b is December 5, 2026, there is already
sufficient time for manufacturers to comply with the updated labeling
requirements in 213b.
NHTSA is permitting optional early compliance with FMVSS Nos. 213,
213a, and 213b to facilitate early adoption of CRS designs and consumer
information that would enhance child passenger safety. If early
compliance is chosen by a manufacturer for a CRS model, the CRS model
must meet all applicable requirements in FMVSS No. 213, including the
amendments to FMVSS No. 213 made by this final rule, or meet all
applicable requirements in FMVSS No. 213b, including the updates made
in this final rule. The manufacturer also has the option to comply
early (before December 5, 2026) with FMVSS No. 213a side impact
requirements, including the updates made in this final rule and
likewise must meet all applicable requirements in FMVSS No. 213a.

VIII. Regulatory Notices and Analyses

Executive Order 12866, Executive Order 14192, and DOT Regulatory
Policies and Procedures

NHTSA has considered the impact of this rule under Executive Order
(E.O.) 12866 and E.O. 14192. This final rule is not considered to be
significant, and NHTSA has considered the cost savings of the final
rule under the principles of these executive orders. Please refer to
Section V, Costs and Benefits, for this discussion. This final rule is
an E.O. 14192 deregulatory action.

Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations and small governmental jurisdictions),
unless the head of an agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
Agencies must also provide a statement of the factual basis for this
certification.
I certify that this rulemaking action will not have a significant
economic impact on a substantial number of small entities. Small
businesses are defined using the North American Industry Classification
System (NAICS) code. One of the criteria for determining size, as
stated in 13 CFR 121.201, is the number of employees in the firm. While
there is no separate NAICS code for child restraint manufacturers,
there are three other categories that could be appropriate: ``Motor
Vehicle Seating and Interior Trim'' Category (NAICS 336360, 1500
employees); ``All Other Motor Vehicle Parts Manufacturing'' category
(NAICS 336390, 1000 employees); and ``All Other Transportation
Equipment Manufacturing'' category (NAICS 336999, 1000 employees). In
the Final Regulatory Impact Analysis for the side impact protection
final rule,\19\ NHTSA determined that none of the CRS manufacturers
would be classified as small businesses based on the lowest employee
threshold in effect at that time for these three NAICS categories (500
employees). Since that time the NAICS thresholds have been increased
from the threshold of 500 employees. Even if any of these CRS
manufacturers would be classified as small businesses under the

[[Page 57271]]

current SBA business size thresholds, NHTSA has determined that this
rule will not have a significant economic impact on any CRS
manufacturer. In this deregulatory rule responding to petitions for
reconsideration of an earlier rulemaking, NHTSA amends FMVSS No. 213a,
``Child restraint systems--side impact protection'' to exempt school
bus CRSs that meet specified labeling requirements from the standard;
to delay the compliance date from June 30, 2025 to December 5, 2026; to
amend the dummy selection requirements so that the Child Restraint Air
Bag Interaction twelve-month-old test dummy (CRABI-12MO) will not be
used to test forward-facing CRSs; and to amend in a corresponding
manner positioning procedures for that dummy. NHTSA also amends FMVSS
No. 213, ``Child restraint systems'' and FMVSS No. 213b, ``Child
restraint systems; Mandatory applicability beginning December 5,
2026,'' to exclude school bus CRSs from the requirements to provide
lower anchorage attachments for connection to a vehicle's child
restraint anchorage system and to change certain labeling requirements
to reflect how school bus child restraints are used. NHTSA has
determined that the rule will likely result in cost savings to CRS
manufacturers.
---------------------------------------------------------------------------

\19\ Docket NHTSA-2022-0051.
---------------------------------------------------------------------------

Federalism

NHTSA has examined this final rule pursuant to E.O. 13132 (64 FR
43255, August 10, 1999) and concluded that no additional consultation
with States, local governments or their representatives is mandated
beyond the rulemaking process. The agency has concluded that the
rulemaking would not have sufficient federalism implications to warrant
consultation with State and local officials or the preparation of a
federalism summary impact statement. This final rule would not have
``substantial direct effects on the States, on the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
NHTSA rules can have preemptive effect in two ways. First, the
National Traffic and Motor Vehicle Safety Act contains an express
preemption provision stating that, if NHTSA has established a standard
for an aspect of motor vehicle or motor vehicle equipment performance,
a State may only prescribe or continue in effect a standard for that
same aspect of performance if the State standard is identical to the
Federal standard.\20\ It is this statutory command by Congress that
preempts any non-identical State legislative and administrative law
addressing the same aspect of performance.
---------------------------------------------------------------------------

\20\ 49 U.S.C. 30103(b)(1).
---------------------------------------------------------------------------

The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' \21\ Pursuant to this provision, State
common law tort causes of action against motor vehicle manufacturers
that might otherwise be preempted by the express preemption provision
are generally preserved.
---------------------------------------------------------------------------

\21\ 49 U.S.C. 30103(e).
---------------------------------------------------------------------------

NHTSA rules can also preempt State law if complying with the FMVSS
would render the motor vehicle manufacturers liable under State tort
law. Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted.\22\
---------------------------------------------------------------------------

\22\ See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
---------------------------------------------------------------------------

Pursuant to E.O. 13132, NHTSA has considered whether this final
rule could or should preempt State common law causes of action. The
agency's ability to announce its conclusion regarding the preemptive
effect of one of its rules reduces the likelihood that preemption will
be an issue in any subsequent tort litigation. To this end, the agency
has examined the nature (e.g., the language and structure of the
regulatory text) and objectives of this final rule and finds that this
final rule, like many NHTSA rules, prescribes only a minimum safety
standard. Accordingly, NHTSA does not intend that this final rule
preempt State tort law that would effectively impose a higher standard
on motor vehicle manufacturers than that established by this final
rule. Establishment of a higher standard by means of State tort law
would not conflict with the minimum standard finalized in this
document. Without any conflict, there could not be any implied
preemption of a State common law tort cause of action.

Executive Order 12988 (Civil Justice Reform)

When promulgating a regulation, agencies are required under E.O.
12988 to make every reasonable effort to ensure that the regulation, as
appropriate: (1) specifies in clear language the preemptive effect; (2)
specifies in clear language the effect on existing Federal law or
regulation, including all provisions repealed, circumscribed,
displaced, impaired, or modified; (3) provides a clear legal standard
for affected conduct rather than a general standard, while promoting
simplification and burden reduction; (4) specifies in clear language
the retroactive effect; (5) specifies whether administrative
proceedings are to be required before parties may file suit in court;
(6) explicitly or implicitly defines key terms; and (7) addresses other
important issues affecting clarity and general draftsmanship of
regulations.
NHTSA has reviewed this rulemaking and determined that this
rulemaking action conforms to the applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice Reform. The issue of
preemption is discussed above in connection with E.O. 13132
(Federalism). NHTSA believes that this final rule specifies clearly the
changes made to FMVSS Nos. 213, 213a, and 213b, defines any necessary
key terms, and provides a clear legal standard for manufacturers to
follow. The amendments do not take effect retroactively. NHTSA notes
further that there is no requirement that an individual submit a
petition for reconsideration or pursue other administrative proceedings
before they may file suit in court.

Executive Order 13609 (Promoting International Regulatory Cooperation)

E.O. 13609, ``Promoting International Regulatory Cooperation,''
promotes international regulatory cooperation to meet shared challenges
involving health, safety, labor, security, environmental, and other
issues and to reduce, eliminate, or prevent unnecessary differences in
regulatory requirements.
NHTSA participates in the negotiation and development of technical
standards for Safety Glazing in the United Nations Economic Commission
for Europe (UNECE) World Forum for Harmonization of Vehicle Regulations
(WP.29). As a signatory member, NHTSA is obligated to initiate
rulemaking to incorporate safety requirements and options specified in
Global Technical Regulations (GTRs) if the U.S. votes in the
affirmative to establish the GTR. No GTR for child restraint systems
has been developed at this time.
NHTSA has analyzed this rule under the policies and agency
responsibilities

[[Page 57272]]

of E.O. 13609 and has determined this rulemaking will have no effect on
international regulatory cooperation.

National Environmental Policy Act

The Department has analyzed the environmental impacts of this
rulemaking pursuant to the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.). Pursuant to 49 CFR 1.81, the Secretary
has delegated the ``functions'' under NEPA to the Administrators ``as
they relate to the matters within the primary responsibility of each
Operating Administration.'' NHTSA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical
exclusions are actions identified in an agency's NEPA procedures that
do not normally have a significant impact on the environment and
therefore do not require either an environmental assessment (EA) or
environmental impact statement (EIS). This rulemaking amends FMVSS No.
213a, ``Child restraint systems--side impact protection,'' to exempt
school bus CRSs from the standard's requirements as long as they meet
specified labeling requirements; to delay the compliance date from June
30, 2025 to December 5, 2026; and to provide that the Child Restraint
Air Bag Interaction twelve-month-old (CRABI)-12MO test dummy will not
be used to test forward-facing CRSs. The first two of these amendments
are in response to petitions from CRS manufacturers. NHTSA is also
amending FMVSS No. 213, ``Child restraint systems'' and FMVSS No. 213b,
Child restraint systems; Mandatory applicability beginning December 5,
2026, to exclude school bus CRSs from the requirements to provide
attachments for connection to the vehicle's child restraint anchorage
system. This rulemaking is categorically excluded pursuant to 23 CFR
771.118(c)(4) (Planning and administrative activities that do not
involve or lead directly to construction, such as: Training, technical
assistance and research; promulgation of rules, regulations,
directives, or program guidance; approval of project concepts;
engineering; and operating assistance to transit authorities to
continue existing service or increase service to meet routine demand).
NHTSA does not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.

Paperwork Reduction Act

Under the procedures established by the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3501, et seq.), a Federal agency must request and
receive approval from the Office of Management and Budget (OMB) before
it collects certain information from the public and 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 establish or modify any information collection
requirements as defined by OMB in 5 CFR part 1320.

Unfunded Mandates Reform Act (UMRA)

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of regulatory
actions that may result in the expenditure by a State, local, or Tribal
government, in the aggregate, or by the private sector of $184 million
(the value equivalent of $100 million in 1995, adjusted for inflation
to 2024) or more in any one year. This final rule does not contain
Federal mandates (under the regulatory provisions of Title II of the
UMRA) for State, local and Tribal governments, or the private sector of
$206 million or more in any one year. Thus, the analytical requirements
of the UMRA do not apply to this action.

National Technology Transfer and Advancement Act

Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) developed or adopted by voluntary
consensus standards bodies, such as the International Organization for
Standardization (ISO) and the Society of Automotive Engineers (SAE).
The NTTAA directs this agency to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards. There are no voluntary consensus
standards developed by voluntary consensus standards bodies pertaining
to this final rule.

Executive Order 13175

E.O. 13175 requires Federal agencies to consult and coordinate with
Tribes on a government-to-government basis on policies that have Tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. NHTSA has assessed the impact of this
rule on Indian tribes and determined that this rule does not have
tribal implications that require consultation under E.O. 13175.

E-Government Act Compliance

NHTSA is committed to complying with the E-Government Act, 2002 to
promote the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services, and for other purposes. The E-Government Act
of 2002 (Pub. L. 107-347, sec. 208, 116 Stat. 2899, 2921, Dec. 17,
2002), requires Federal agencies to conduct a privacy impact assessment
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, NHTSA
has not conducted a privacy impact assessment.

Plain Language Requirement

E.O. 12866 requires each agency to write all rules in plain
language. Application of the principles of plain language includes
consideration of the following questions:
<bullet> Have we organized the material to suit the public's needs?
<bullet> Are the requirements in the rule clearly stated?
<bullet> Does the rule contain technical language or jargon that is
not clear?
<bullet> Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
<bullet> Would more (but shorter) sections be better?
<bullet> Could we improve clarity by adding tables, lists, or
diagrams?
<bullet> What else could we do to make the rule easier to
understand?
NHTSA has considered these questions and attempted to use plain
language in promulgating this final rule. Please inform the agency if
you can suggest how NHTSA can improve its use of plain language.

Privacy Act

Petitions for review of the final rule will be placed in the
docket. Anyone is able to search the electronic form of all

[[Page 57273]]

documents 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.). For
information on DOT's compliance with the Privacy Act, see <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. To see the list of DOT's systems of
records notices, please visit <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>.

Regulatory Identifier Number (RIN)

The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. The RIN
contained in the heading at the beginning of this document may be used
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 571

Motor vehicle safety, Motor vehicles, Incorporation by reference.

In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Amend Sec. 571.5 by revising paragraph (k)(6) to read as follows:

Sec. 571.5 Matter incorporated by reference.

* * * * *
(k) * * *
(6) Parts List and Drawings--NHTSA Standard Seat Assembly; FMVSS
No. 213, No. NHTSA-213-2021--Child Frontal Impact Sled, March 2023;
into Sec. 571.213b.
* * * * *
0
3. Amend Sec. 571.213 by:
0
a. Revising paragraphs S5(g), S5.5.2(g)(1)(ii), and S5.9(a); and
0
b. In paragraph S6.1.1(a)(1)(ii), removing the text ``(consisting of
drawings and a bill of materials)''.
The revisions read as follows:

Sec. 571.213 Child restraint systems; Applicable unless a vehicle or
child restraint system is certified to Sec. 571.213b.

* * * * *
S5 * * *
(g) Each add-on child restraint system manufactured for use in
motor vehicles, that is recommended for children in a weight range that
includes weights up to 18 kg (40 pounds), or for children in a height
range that includes heights up to 1100 millimeters, shall meet the
requirements in this standard and the additional side impact protection
requirements in Standard No. 213a (Sec. 571.213a). Excepted from
Standard No. 213a are harnesses, school bus child restraint systems,
and car beds.
* * * * *
S5.5.2 * * *
(g) * * *
(1) * * *
(ii) Secure this child restraint with the vehicle's child restraint
anchorage system, if available, or with a vehicle belt. [For school bus
child restraint systems, the preceding statement does not apply.] [For
car beds, harnesses, and belt positioning seats, the first part of the
statement regarding attachment by the child restraint anchorage system
is optional.] [For belt-positioning seats, the second part of the
statement regarding attachment by the vehicle belt does not apply.]
[School bus child restraint systems manufactured on or after December
8, 2026 must use the following statement: Secure this school bus child
restraint using the child restraint's (insert the words ``seat back
mount'' or ``seat back and seat pan mount'' as appropriate).]
* * * * *
S5.9 * * *
(a) Each add-on child restraint system other than a car bed,
harness, school bus child restraint system, and belt-positioning seat,
shall have components permanently attached to the system that enable
the restraint to be securely fastened to the lower anchorages of the
child restraint anchorage system specified in Standard No. 225 (Sec.
571.225) and depicted in Drawing Package SAS-100-1000, Standard Seat
Belt Assembly with Addendum A, Seat Base Weldment or in Drawing
Package, ``NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA-213-
2003'' (both incorporated by reference, see Sec. 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.
* * * * *
0
4. Amend Sec. 571.213a by:
0
a. Revising paragraph S3;
0
b. In paragraph S4, adding, in alphabetical order, a definition for
``school bus child restraint system'';
0
c. Revising paragraphs S7.1(a) and S9.1(b); and
0
d. Removing paragraphs S9.1(c) and S9.1(d).
The addition and revisions read as follows:

Sec. 571.213a; Child restraint systems--Side Impact Protection--
Mandatory applicability beginning December 5, 2026.

* * * * *
S3 Application. This standard applies to add-on child restraint
systems that are either recommended for use by children in a weight
range that includes weights up to 18 kilograms (40 pounds) regardless
of height, or by children in a height range that includes heights up to
1100 millimeters regardless of weight, except for car beds, school bus
child restraint systems, and harnesses.
S4 * * *
* * * * *
School bus child restraint system means an add-on child restraint
system (including a harness) manufactured and sold only for use on
school bus seats that has a label conforming with S5.3.1(b) of FMVSS
No. 213b (Sec. 571.213b).
* * * * *
S7.1 * * *
(a) A child restraint that is recommended by its manufacturer in
accordance with S5.5 of Standard No. 213 (Sec. 571.213) for use either
by children in a specified mass range that includes any children having
a mass greater than 5 kilograms but not greater than 13.6 kilograms, or
by children in a specified height range that includes any children
whose height is greater than 650 millimeters but not greater than 870
millimeters, is tested with a CRABI 12-month-old test dummy conforming
to 49 CFR part 572 subpart R, provided, however, that the CRABI 12-
month-old dummy is not used to test a forward-facing child restraint
system.
* * * * *
S9.1 * * *
(b) When testing child restraint systems rear-facing, extend the
dummy's arms vertically upwards and then rotate each arm downward in
the plane parallel to the dummy's midsagittal plane toward the dummy's
lower body until the arm contacts a surface of the child restraint
system or the SISA. 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 SISA sliding seat.
* * * * *
0
5. Amend Sec. 571.213b by revising S5(b)(2), S5.5.2(g)(1)(ii), and
S5.9(a) to read as follows:

Sec. 571.213b; Child restraint systems; Mandatory applicability
beginning December 5, 2026.

* * * * *

[[Page 57274]]

S5 * * *
(b) * * *
(2) Each add-on child restraint system manufactured for use in
motor vehicles, that is recommended for children in a weight range that
includes weights less than 18 kg (40 pounds) regardless of height, or
for children in a height range that includes heights less than 1100
millimeters (mm) regardless of weight, shall meet the requirements in
this standard and the applicable side impact protection requirements in
Standard No. 213a (Sec. 571.213a). Excepted from Standard No. 213a are
harnesses, school bus child restraint systems, and car beds.
* * * * *
S5.5.2 * * *
(g) * * *
(1) * * *
(ii) Secure this child restraint with the vehicle's child restraint
anchorage system, if available, or with a vehicle belt. [For school bus
child restraint systems, the preceding statement does not apply.] [For
car beds, harnesses, and belt positioning seats, the first part of the
statement regarding attachment by the child restraint anchorage system
is optional.] [For belt-positioning seats, the second part of the
statement regarding attachment by the vehicle belt does not apply.]
[School bus child restraint systems must use the following statement
instead: Secure this school bus child restraint using the child
restraint system's (insert the words ``seat back mount'' or ``seat back
and seat pan mount'' as appropriate).]
* * * * *
S5.9 * * *
(a) Each add-on child restraint system other than a car bed,
harness, school bus child restraint system, and belt-positioning seat,
shall have components permanently attached to the system that enable
the restraint to be securely fastened to the lower anchorages of the
child restraint anchorage system specified in Standard No. 225 (Sec.
571.225) and depicted in NHTSA Standard Seat Assembly; FMVSS No. 213,
No. NHTSA-213-2021 (March 2023) (incorporated by reference, see Sec.
571.5). The components must be attached by use of a tool, such as a
screwdriver. In the case of rear-facing child restraint systems with
detachable bases, only the base is required to have the components. For
child restraints manufactured on or after January 8, 2028, all
components provided to attach the add-on child restraint or the
detachable base (in the case of a rear-facing child restraint with a
detachable base) to the lower anchorages of the child restraint
anchorage system shall be permanently marked with the pictogram in
figure 15 to this section.
* * * * *

Issued under authority delegated in 49 CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-18380 Filed 9-8-26; 8:45 am]
BILLING CODE 4910-59-P

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