[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16696-16699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7986]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-20; Notice 1]


Child Safety Seats; Agreement Between General Motors and U.S. 
Department of Transportation

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

ACTION: Notice; request for certifications.

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SUMMARY: This notice describes an agreement between General Motors (GM) 
and the U.S. Department of Transportation (DOT), under which GM has 
agreed to donate funds to one or more qualified organizations for the 
purchase and distribution of child safety seats. Organizations that 
wish to receive such funds are required to certify in writing that they 
are qualified, in accordance with criteria established in the 
agreement. This notice requests that such organizations submit 
certifications and describes the criteria they must meet and the 
information they must submit with their certifications to be eligible 
to receive these funds.

DATES: Certifications must be received no later than May 1, 1995.

ADDRESSES: Certifications should be submitted to: Office of Occupant 
Protection, NTS-11, Room 5118, 400 Seventh Street, S.W., Washington, 
D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Gorcowski, National 
Organizations Division, NTS-11, National Highway Traffic Safety 
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. 
Telephone (202) 366-2683.

SUPPLEMENTARY INFORMATION: On December 2, 1994, Secretary of 
Transportation Federico Pena announced that DOT and GM had agreed in 
principle to a resolution of the investigation by the National Highway 
Traffic Safety Administration (NHTSA) into an alleged defect related to 
motor vehicle safety in certain 1970-1991 GM C/K pickup trucks. The 
terms of the resolution were finalized in a separate agreement that was 
executed between GM and DOT on March 7, 1995.
    Under the terms of the agreement, GM agreed to provide funds over a 
period of five years to support highway safety research and programs 
that will prevent motor vehicle deaths and injuries.
    In the area of child safety, GM agreed to donate $8,000,000 to 
qualified organizations for the purchase and distribution of child 
safety seats. Of this amount, $4,000,000 will be donated during the 
first year after the date of the agreement (approximately $1,000,000 
each quarter) and $4,000,000 will be donated over the next four years. 
The seats will be directed to low income and special needs populations 
that are underserved and culturally diverse.
    NHTSA estimates that these funds will allow for the purchase and 
distribution of between 125,000 and 200,000 child safety seats for 
needy families which, in turn, will save at least 50 lives and prevent 
approximately 6,000 injuries.

Background

    There are approximately 25 million young children, under the age of 
eight years old, who need the protection of child safety seats. One 
fourth of these children come from families that are below the poverty 
level.
    As many as 3 million children in low-income families do not have 
access to adequate child safety seats. An additional 3 million children 
or more have access to child safety seats but, for a variety of 
reasons, are not being secured in these seats properly. Additionally, 
children with special transportation needs, such as children with 
disabilities, often require uniquely designed child safety seats that 
are too expensive for most families of average income to afford.
    For these and other reasons, millions of children ride each day 
either unprotected or inadequately protected by child safety seats. A 
disproportionate number of these children are from low income or rural 
families or from culturally diverse populations.
    To increase child safety seat usage, child safety seats must be 
made more readily available, particularly to underserved low income and 
special needs families. These families must also be motivated in the 
use of child safety seats and educated about their proper usage.
    Public interest in child passenger safety today is at an all-time 
high, and there are a number of national organizations that work in 
this area. These organizations, in collaboration with state and local 
affiliates and related agencies, distribute child safety seats in 
communities and educate families about the proper use of these seats 
and other [[Page 16697]] practices that can lead to increased highway 
safety.
    An effective child safety seat program can reach and have a major 
positive impact on large numbers of children, as well as their 
families. To be most effective, however, the program must ensure that 
seats are distributed primarily to the populations most at risk, 
including underserved low income and special needs families. If 
programs do not target these populations, the seats could be provided 
instead to families that could otherwise afford to purchase them, with 
little net benefit.

List of Qualified Organizations

    The agreement between GM and DOT provides:

    DOT shall identify, on an ongoing basis so as to facilitate 
timely GM donations, qualified organizations which DOT in its sole 
discretion deems appropriate to receive donations from GM for the 
purchase and distribution of child safety seats. GM, in its sole 
discretion, shall select from the list of qualified organizations 
provided by DOT, the organization(s) to which it will donate funds, 
and shall decide the exact amount of funds that each such 
organization will receive.

    The agreement provides further that any organization that is 
interested in being identified as a ``qualified organization'' must 
certify to DOT in writing that it will meet a number of criteria set 
forth in the agreement.
    Today's notice describes the criteria that an organization must 
meet and the information it must submit with its certification, to be 
identified as a ``qualified organization.'' Certifications must be 
received no later than 30 days after the date of publication of today's 
notice in the Federal Register. When NHTSA completes its review of the 
certifications, it will prepare a list of organizations it has 
identified as qualified and appropriate to receive donations for the 
purchase and distribution of child safety seats. NHTSA will provide the 
list to GM and place it in the public docket.
    This list of organizations will be used by GM during the first and 
second quarters of the first year after the date of the agreement, 
during which time GM will donate a total of approximately $2 million 
for the purchase and distribution of child safety seats.
    Within six months (or less) from the date of publication of today's 
notice, NHTSA plans to publish a second notice in the Federal Register 
requesting certifications from organizations that wish to receive 
donations after the second quarter. Any organization that wishes to be 
included on the second list, whether or not the organization was 
included on the first list, must submit a certification. NHTSA reserves 
the right to request at that time the submission of additional 
information, not identified in today's Federal Register notice, from 
organizations seeking to be included on the second list.
    Based on its review of the certifications received in response to 
the second Federal Register notice, NHTSA will prepare a revised list 
of organizations that have been identified as qualified and appropriate 
to receive future donations from GM. (As explained earlier, GM will 
donate approximately $1 million in the third quarter of the first year 
after the date of the agreement, $1 million in the fourth quarter, and 
a total of $4 million during the following four-year period.)
    NHTSA may, from time to time, publish additional notices requesting 
certifications and prepare additional revised lists of qualified 
organizations, if it determines it is appropriate to do so.

Certification Criteria

    In accordance with the agreement, in order to be identified as a 
``qualified organization,'' an organization must certify in writing 
that it shall meet eleven separate criteria. Each of these criteria is 
described below:

(1) Work through affiliates

    The organization must certify in writing that it shall:

work, through its state or local affiliates, with agencies such as 
children's hospitals and health agencies to identify families who 
could not otherwise afford seats or who have special needs

    Organizations must have established and effective affiliate 
relationships and on-going collaboration with other appropriate 
agencies or organizations necessary to carry out the effort. 
Organizations can satisfy this criterion by showing that they work 
either through their state or local affiliates (i.e., units or chapters 
specifically organized to carry out the organization's mission), or 
with other child safety-related agencies or organizations, such as 
children's hospitals or fire and rescue agencies.
    Organizations may have either a built-in network or collaborative 
access to such a network. The network must enable the organization to 
identify families of target populations who have not been reached 
through traditional channels, including families who could not 
otherwise afford seats or who have special needs, and to distribute 
seats and provide education to these families.
    Organizations must submit information regarding their structure and 
a designation of geographic locations of state and local affiliates 
that are expected to be involved in the effort. Organizations must also 
submit information regarding the organizations and agencies with which 
they will be affiliated for purposes of this program.

(2) Existing program or trained staff

    The organization must certify in writing that it shall:

have an existing loaner or give-away child safety seat program or 
have staff trained in child passenger safety issues

    Organizations must have experience, either directly or through 
their affiliates, with a loaner or give-away program or staff trained 
in child passenger safety or related issues. The experience or training 
is necessary to ensure that organizations, or their affiliates, are 
able to operate such programs, and to meet the deadlines and 
requirements established in the agreement for distributing seats and 
providing education.
    Organizations must describe their existing loaner or give-away 
child safety seat programs and their experience in providing education 
on the use of child safety seats or on other related public health 
issues. They must identify the number of current trained staff and 
provide a description of training conducted or taken by their staff and 
the dates of last training. Organizations may also describe existing 
loaner or give-away programs, experience in providing education and 
provide the training information described above for agencies or 
organizations with which they have collaborative relationships.

(3) Low-income or special needs across broad geographic area

    The organization must certify in writing that it shall:

distribute the seats to low-income families and/or families with 
special needs across a broad geographical area throughout the United 
States

    The intent of this provision is to assure that underserved children 
from culturally diverse populations throughout the United States 
receive the benefits of the program. Qualified organizations need not 
distribute seats in every state. However, they must have a program that 
is national in scope and reaches their target populations throughout 
the United States. Organizations must submit their mission statements, 
a description of the method they will use to identify underserved low 
income or special needs families, and a list of the geographic 
locations that would be targeted for receipt of the seats. They must 
demonstrate the ability to identify underserved low income and special 
[[Page 16698]] needs families, and the ability to distribute seats to 
these families.

(4) Mix of child safety seats

    The organization must certify in writing that it shall:

comply with NHTSA guidelines with respect to the approximate mix of 
child safety seats (e.g., infant, toddler, booster, special needs)

    Children of differing ages and transportation needs require 
different types of child safety seats. The intent of this provision is 
to assure that the children who are recipients under this program 
receive seats that meet their needs. The provision is also intended to 
assure that organizations purchase the correct mix of seats for their 
target population.
    Organizations will need to identify the ages and transportation 
needs of the intended recipients and the types of seats needed to 
properly fit the target group. For example, an organization targeting 
special needs children may need very specialized seats, while a program 
targeting older children may need convertible toddler and booster child 
restraint devices.
    Organizations must specify the maximum number of seats they are 
capable of distributing within 120 days of their receipt of the funds 
and the amount of funding they are requesting from GM to purchase and 
distribute this number of seats. Organizations must specify the 
proposed mix and types of seats needed to serve the age and needs of 
the populations to be targeted (e.g., 25% booster seats, 50% toddler 
seats, 20% infant seats and 5% special needs seats), and their expected 
per unit cost to purchase and distribute each type of seat. 
Organizations must also describe the method used to derive the mix. 
They should indicate whether the mix or price would change if they 
receive less funding than the full amount requested.

(5) Within 120 days

    The organization must certify in writing that it shall:

distribute all of the seats purchased with the funds provided by GM 
to the local agencies within 120 days of the receipt of the funds

    Organizations will be required, under the agreement, to purchase 
and distribute all of the seats to local agencies within 120 days of 
receipt of the funds. To satisfy this criterion, organizations must 
demonstrate the ability to meet this requirement. Organizations must 
submit a plan describing how they will reach a broad geographical area 
and how they will identify the low income and special needs families to 
be served by this program. The plan must describe how they will 
accomplish the purchase and distribution of seats within the 120-day 
period and it must include a proposed schedule for the purchase and 
distribution of seats.
    Organizations must also demonstrate that the distribution and 
education efforts funded under this program will either create new 
initiatives, or complement (rather than duplicate) existing 
initiatives, in the geographic areas to be served. This may be 
demonstrated by including in the plan, either letters of support from 
the organizations that are (or would be) responsible for child safety 
seat programs (such as state highway safety offices and state public 
health agencies) or a description of the organization's plans to 
coordinate with these responsible organizations.

(6) Educate recipients

    The organization must certify in writing that it shall:

educate recipients of the seats as to methods of proper installation 
and use

    While the distribution of child safety seats is vitally important, 
and can save many children's lives, the effectiveness of those seats in 
preventing injury and death increases significantly when recipients are 
trained in and follow proper use and installation instructions. 
Organizations are required, under the agreement, to provide education 
to the recipients of the seats regarding the proper installation and 
use of child safety seats. Organizations must describe the means they 
or their affiliates will use to educate families about the proper 
installation and use of child safety seats (e.g., hands-on 
demonstration, video, brochures).
    To assist in this effort, NHTSA will make resources, including 
materials and technical assistance, available to the selected 
organizations.

(7) Administrative expenses

    The organization must certify in writing that it shall:

not use more than 10 percent of the funds provided by GM for 
administrative expenses related to distribution of the seats

    Organizations shall use no more than 10 percent of the funds 
provided by GM for administrative expenses related to the distribution 
of the seats. Examples of administrative expenses include operational 
overhead such as secretarial support, telephone expenses, and time of 
paid staff to help develop the plans for these efforts. No additional 
information is required to be submitted at this time in support of this 
element of the certification.

(8) Added to existing funds and no diversions

    The organization must certify in writing that it shall:

add the GM-provided funds to the total of its existing funds spent 
on the distribution of child safety seats to low-income families and 
not divert any funds currently budgeted to such activities to other 
activities

    Organizations shall add the GM-provided funds to the total of their 
existing funds, if any, spent on the distribution of child safety seats 
to low income and special needs families and not divert any funds 
currently budgeted to such activities, if any, to other activities. In 
other words, the funds provided by GM must represent new and additional 
resources, and may not be used to replace other funds, if any, that 
otherwise would have been used for the distribution of child safety 
seats to low-income families and their related education activities. No 
additional information is required to be submitted at this time in 
support of this element of the certification.

(9) Third-party audit

    The organization must certify in writing that it shall:

allow the activities conducted pursuant to this program to be 
audited by such third party as selected by DOT

    Organizations shall allow the activities conducted pursuant to this 
program to be audited by such third party as may be selected by DOT. 
Organizations shall also maintain adequate records to allow an audit to 
be conducted. No additional information is required to be submitted at 
this time in support of this element of the certification.

(10) Enforceable commitments and promises

    The organization must certify in writing that it shall:
acknowledge and agree that such commitments and promises shall be 
enforceable

    Organizations shall acknowledge and agree that the commitments and 
promises they make shall be enforceable through legal process or other 
appropriate means. No additional information is required to be 
submitted at this time in support of this element of the certification.

(11) No assumption of responsibility

    The organization must certify in writing that it shall:

acknowledge and agree that GM does not assume or bear any 
responsibility for the organization's commitments, the selection of 
the safety seats actually purchased or distributed, or the education 
of recipients of the seats as to proper use

    The organization shall acknowledge and agree that GM does not 
assume or [[Page 16699]] bear any responsibility for the organization's 
commitments, the selection of the safety seats actually purchased or 
distributed, or the education of recipients of the seats as to proper 
use. No additional information is required to be submitted at this time 
in support of this element of the certification.

Evaluation Criteria

    Certifications must demonstrate that the organization meets all 
criteria listed above. Certifications will be evaluated based on the 
following factors:
    1. Understanding of the requirements of the agreement and soundness 
of approach as shown by the organization's plan and certification.
    2. The ability to identify underserved low income and special needs 
families.
    3. The ability to distribute child safety seats to these target 
populations at the community level.
     The experience of the organization, or its affiliates, in 
distributing child safety seats
     The breadth and diversity of the underserved population 
the organization can effectively reach
    4. The ability to provide education to recipients.
     The experience of the organization, or its affiliates, in 
providing education on the use of child safety seats or on other 
related public health issues
     The level of training of the organization's staff or of 
the staff of its affiliates
    5. The ability to conduct a distribution and education program that 
either creates new initiatives, or complements (rather than duplicates) 
existing initiatives, in the geographic areas to be served.

Certification Procedures

    To be considered, certifications must be received no later than 30 
days after the date on which today's notice is published in the Federal 
Register. Certifications should be submitted to Office of Occupant 
Protection, NTS-11, Room 5118, 400 Seventh Street, S.W., Washington, 
D.C. 20590.
    Certifications must include each of the following:

(1) Certification Statement

    A written statement, signed by an authorized official of the 
organization, certifying that the organization shall:

    (i) work, through its state or local affiliates, with agencies 
such as children's hospitals and health agencies to identify 
families who could not otherwise afford seats or who have special 
needs; (ii) have an existing loaner or give-away child safety seat 
program or have staff trained in child passenger safety issues; 
(iii) distribute the seats to low-income families and/or families 
with special needs across a broad geographical area throughout the 
United States; (iv) comply with NHTSA guidelines with respect to the 
approximate mix of child safety seats (e.g., infant, toddler, 
booster, special needs); (v) distribute all of the seats purchased 
with the funds provided by GM to the local agencies within 120 days 
of the receipt of the funds; (vi) educate recipients of the seats as 
to methods of proper installation and use; (vii) not use more than 
10 percent of the funds provided by GM for administrative expenses 
related to distribution of the seats; (viii) add the GM-provided 
funds to the total of its existing funds spent on the distribution 
of child safety seats to low-income families and not divert any 
funds currently budgeted to such activities to other activities; 
(ix) allow the activities conducted pursuant to this program to be 
audited by such third party as selected by DOT; (x) acknowledge and 
agree that such commitments and promises shall be enforceable; and 
(xi) acknowledge and agree that GM does not assume or bear any 
responsibility for the organization's commitments, the selection of 
the safety seats actually purchased or distributed, or the education 
of recipients of the seats as to proper use.

(2) Plan

    A plan describing how the organization will reach a broad 
geographical area, how it will identify underserved low income and 
special needs families that will be served by the program, and how it 
will accomplish the purchase and distribution of child safety seats 
within 120 days of receipt of the funds. The plan must include a 
proposed schedule for the purchase and distribution of seats, and 
either letters of support from the organizations that are (or would be) 
responsible for child safety seat programs in the geographic areas to 
be served (such as state highway safety offices and state public health 
agencies) or a description of the organization's plans to coordinate 
with these responsible organizations.

(3) Additional Information

    The following additional information to ensure that the 
organization is capable of meeting the objectives of the agreement:
     Information regarding the organization's structure and a 
designation of geographic locations of state and local affiliates to be 
involved in the effort;
     Information regarding the organizations and agencies with 
which the organization will be affiliated for purposes of this program;
     A description of the organization's, or its affiliates': 
existing loaner or give-away programs; experience in providing 
education on the use of child safety seats or on other related public 
health issues; the number of trained staff; a description of training 
conducted or taken; and the dates of last training;
     A mission statement of the organization;
     The method to be used to identify underserved low income 
or special needs families;
     A list of the geographic locations that would be targeted 
for receipt of the seats;
     The maximum number of seats the organization is capable of 
distributing within 120 days of its receipt of the funds; the amount of 
funding the organization is requesting from GM to purchase and 
distribute this number of seats; the proposed mix and types of seats 
needed to serve the age and needs of the populations to be targeted 
(e.g., 25% booster seats, 50% toddler seats, 20% infant seats and 5% 
special needs seats); the expected per unit cost to purchase and 
distribute each type of seat; the method used to derive the mix; and, 
if applicable, any change in mix or price if the organization receives 
less funding than the full amount requested; and
     A description of the means to be used by the organization 
or its affiliates to educate families about the proper installation and 
use of child safety seats.
    Organizations must submit one original and two copies of their 
certifications. Certifications shall be subject to 18 U.S.C. 1001, 
which prohibits to making of false statements. Organizations are 
requested to submit four additional copies to facilitate the review 
process, but there is no requirement or obligation to do so.
    Organizations that would like to be notified upon receipt of their 
certifications should enclose a self-addressed stamped postcard in the 
envelope with their certifications. Upon receiving the certifications, 
the postcard will be returned by mail.

    Issued on: March 27, 1995.
Michael B. Brownlee,
Associate Administrator for Traffic Safety Programs.
[FR Doc. 95-7986 Filed 3-28-95; 2:55 pm]
BILLING CODE 4910-59-P