[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Rules and Regulations]
[Pages 18723-18725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9879]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 116]
RIN 2127-AG14
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
Child Restraint Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: This document amends Standard No. 213, ``Child Restraint
Systems,'' to modify the air bag warning label which rear-facing child
seats are required to bear beginning May 27, 1997. This document
responds to a request from Mercedes-Benz, asking that the standard
allow for additional wording in the required text of the label. NHTSA
by this document makes final on an interim basis the amendment
requested by Mercedes, which would clarify the warning and which would
not lessen the safety of child restraints. The agency also solicits
comments on this amendment. Because this amendment will clarify the
required warning label and will relieve a restriction currently imposed
by the standard, NHTSA has determined that it is in the public interest
to make the changes effective immediately on an interim basis. Assuming
that a final rule is issued, the final rule would respond to any
comments and would be effective upon publication in the Federal
Register.
DATES: Effective April 11, 1997. Comments must be received by June 2,
1997.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FURTHER INFORMATION CONTACT:
For nonlegal issues: Mary Versailles, Office of Safety Performance
Standards, NPS-31 , telephone (202) 366-2057.
For legal issues: Deirdre Fujita, Office of the Chief Counsel, NCC-20,
telephone (202) 366-2992.
Both can be reached at the National Highway Traffic Safety
Administration, 400 Seventh St., S.W., Washington, D.C., 20590.
SUPPLEMENTARY INFORMATION: This document amends Standard No. 213,
``Child Restraint Systems,'' on an interim basis to modify the air bag
warning label which rear-facing child seats are required to bear
beginning May 27, 1997. This document also solicits comments on this
amendment. The requirement for the label was adopted by a November 27,
1996 final rule (61 FR 60206),1 which also adopted new warning
label requirements for vehicles with air bags. The labels will help
reduce the adverse effects of air bags, especially for children, by
increasing the number of people who place child restraints in the rear
seat instead of the front.
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1 Corrected December 4, 1996 (61 FR 64297), December 11,
1996 (61 FR 65187), and January 2, 1997 (62 FR 31).
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The requirement for the enhanced child seat label is set forth in
S5.5.2(k) of Standard 213. The requirement specifies, among other
things, the exact content of the message that must be provided by the
label. The message of the label must be preceded by a heading
(``WARNING''), with an alert symbol, and state the following:
DO NOT place rear-facing child seat on front seat with air bag.
DEATH OR SERIOUS INJURY can occur.
The back seat is the safest place for children 12 and under. Also
required for the label is a pictogram showing a rear-facing child seat
being impacted by an air bag, surrounded by a red circle with a slash
across it. Flexibility as to the content of the label is not provided;
thus, additional wording is not permitted.
On April 2, 1997, Mercedes asked NHTSA to amend the warning label
for child restraints that meet certain criteria. Mercedes has developed
a rear-facing child restraint system that has a device that
automatically cuts off the passenger-side air bag in vehicles designed
to respond to such a device. Mercedes intends to market this child
restraint initially to customers purchasing vehicles without rear
seats, and that are equipped with the cutoff feature. The cutoff
feature makes it possible to safely use a child restraint system on the
front seat of these vehicles without subjecting the child to risk of
injury from an air bag deployment. While NHTSA recommends that any
child be in the rear seat of a vehicle equipped with one, if Mercedes
later installs the cutoff feature in vehicles with rear seat, the
cutoff feature will avoid the risk of injury from an air bag deployment
if a rear-facing child seat in used on the front seat. Mercedes
believes that the first statement (``DO NOT place rear-facing child
seat on front seat with air bag'') is inappropriate for child
restraints with a feature to turn off the air bag. It could also be
potentially confusing to owners of these vehicles who have such a child
restraint, when they have been instructed that the child restraint will
automatically deactivate the air bag and thus can be used on the front
seat. The amendment requested by Mercedes would amend the sentence
stating ``DO NOT place rear-facing child seat on front seat with air
bag'' by adding the phrase ``unless air bag is off.''
The statements on the air bag warning label were designed to
improve the likelihood that people will read the label, understand its
message, and place child restraint systems in the rear seat. The
required phrase ``DO NOT place rear-facing child seat on front seat
with air bag'' is incomplete and possibly confusing for child restraint
systems, such as the Mercedes system, that automatically deactivate the
air bag in vehicles, since those child restraints are intended for use
on and marketed as appropriate for front seat positions on vehicles
equipped with complimentary air bag cutoff devices. Adding the phrase
``unless air bag is off'' at the end of the statement clarifies the
message and tailors it more appropriately for a system such as the one
offered by Mercedes. Moreover, NHTSA already permits vehicles that have
manual cutoff switches for the passenger-side
[[Page 18724]]
air bag to add the phrase ``unless air bag is off'' to the end of a
warning about never placing a rear-facing child restraint in the front
seat. (S4.5.1(b)(2) of Standard No. 208, as amended November 11, 1996.)
Since NHTSA can see no diminution of safety resulting from this change,
the agency tentatively amends the standard to accommodate Mercedes'
request.
The following restrictions would be placed on the ability to add
the words. The phrase ``unless air bag is off'' may be added to a label
on a child restraint, provided that the restraint is equipped with a
device that--
(a) automatically deactivates the passenger-side air bag; and
(b) activates a telltale light in the vehicle that complies with
S4.5.4.3 of Standard 208.
NHTSA believes these conditions are needed to ensure that a rear-
facing child restraint will be safely used on a passenger seat with an
air bag. These conditions reduce the likelihood that a child restraint
would be used with an active air bag.
Because this amendment clarifies a requirement and avoids possible
confusion resulting from the required labeling, NHTSA finds for good
cause that an immediate amendment of the requirement is in the public
interest.
Submission of Comments
Interested persons are invited to submit comments on this rule. It
is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR Part 512.
All comments received before the close of business on the comment
closing date indicated above for the notice will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. Comments on the notice
will be available for inspection in the docket. The NHTSA will continue
to file relevant information as it becomes available in the docket
after the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be ``nonsignificant'' under the Department of
Transportation's regulatory policies and procedures. The amendments
pertain to optional label changes that are minor in nature. The agency
concludes that the impacts of the amendments are so minimal that a full
regulatory evaluation is not required.
B. Regulatory Flexibility Act
NHTSA has also considered the impacts of this notice under the
Regulatory Flexibility Act. I hereby certify that this rule does not
have a significant economic impact on a substantial number of small
entities. The rule will not impose any new requirements or costs on
manufacturers, but instead will permit a manufacturer to use an
optional label on its child restraint if conditions on the use of the
label are met. Further, since no price increases are associated with
the rule, small organizations and small governmental units are not be
affected in their capacity as purchasers of child restraints.
C. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), there are no requirements for information collection associated
with this rule.
D. National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will not have a significant impact on
the human environment.
E. Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
will not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
F. Civil Justice Reform
This rule has no any retroactive effect. Under 49 U.S.C. 30103,
whenever a Federal motor vehicle safety standard is in effect, a State
may not adopt or maintain a safety standard applicable to the same
aspect of performance which is not identical to the Federal standard,
except to the extent that the state requirement imposes a higher level
of performance and applies only to vehicles procured for the State's
use. 49 U.S.C. 30161 sets forth a procedure for judicial review of
final rules establishing, amending or revoking Federal motor vehicle
safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, NHTSA amends 49 CFR Part 571 as
set forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
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 1.50.
2. Section 571.213 is amended by revising the introductory text of
S5.5.2(k), revising the introductory text of paragraph S5.5.2(k)(4),
and adding S5.5.2(k)(5), to read as follows:
Sec. 571.213 Standard No. 213, Child Restraint Systems.
* * * * *
S5.5.2 * * *
(k) At the manufacturer's option, child restraint systems
manufactured before May 27, 1997 may comply with
[[Page 18725]]
the requirements of S5.5.2(k)(4) or S5.5.2(k)(5) as appropriate,
instead of the requirements of S5.5.2(k)(1)(ii) or S5.5.2(k)(2)(ii).
* * * * *
(4) Except as provided in (k)(5) of this section, in the case of
each child restraint system that can be used in a rear-facing position
and is manufactured on or after May 27, 1997, instead of the warning
specified in S5.5.2(k)(1)(ii) or S5.5.2(k)(2)(ii) of this standard, a
label that conforms in content to Figure 10 and to the requirements of
S5.5.2(k)(4)(i) through S5.5.2(k)(4)(iii) of this standard shall be
permanently affixed to the outer surface of the cushion or padding in
or adjacent to the area where a child's head would rest, so that the
label is plainly visible and easily readable.
* * * * *
(5) If a child restraint system is equipped with a device that
automatically deactivates the passenger-side air bag in a vehicle and
activates a telltale light in the vehicle that complies with S4.5.4.3
of FMVSS No. 208, the label specified in Figure 10 may include the
phrase ``unless air bag is off'' after ``on front seat with air bag.''
* * * * *
Issued on April 11, 1997.
Ricardo Martinez,
Administrator.
[FR Doc. 97-9879 Filed 4-11-97; 4:59 pm]
BILLING CODE 4910-59-P