[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Proposed Rules]
[Page 70380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33721]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Federal Motor Vehicle Safety Standards; Child Restraint Systems; 
Denial of Petition for Rulemaking

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

ACTION: Denial of petition for rulemaking.

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SUMMARY: This notice denies a petition for rulemaking concerning child 
seat labels. This petition is denied because all of the suggested 
amendments either have been made pursuant to other rulemaking 
activities or have not been supported by new information.

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590:
    For non-legal issues: Mary Versailles, Office of Safety Performance 
Standards, NPS-31, telephone (202) 366-2057.
    For legal issues: Deirdre Fujita, Office of Chief Counsel, NCC-20, 
telephone (202) 366-2992.

SUPPLEMENTARY INFORMATION: NHTSA received a petition for rulemaking 
from Applied Safety and Ergonomics, Inc. requesting changes to the 
labeling requirements specified in Federal Motor Vehicle Safety 
Standard No. 213, ``Child Restraint Systems.'' The first change relates 
to a warning label required by S5.5.2(k)(1)(ii) or S5.5.2(k)(2)(ii) 
concerning rear-facing child seats and air bags. The second change 
relates to features required of the air bag warning label, specified in 
S5.5.2(k)(4). The third change relates to a label specified in 
S5.5.2(l) requiring a diagram showing placement of a child restraint 
system in the right front outboard seating position equipped with a 
continuous-loop lap/shoulder belt.
    Sections S5.5.2(k)(1)(ii) and S5.5.2(k)(2)(ii) require rear-facing 
child restraints or child restraints that can be used rear-facing, 
respectively, to be labeled with a statement warning that the child 
restraint should not be placed in the front seat of a vehicle with an 
air bag. S5.5.2(k)(3) requires this statement to be on a ``red, orange 
or yellow contrasting background.'' The petition states that this can 
result in poor color contrast and requests that the requirement be 
amended to require background color contrast only behind the signal 
word, and not as a background for the entire label.
    This aspect of the petition is denied as moot. Sections 
S5.5.2(k)(1)(ii), (k)(2)(ii), and (k)(3) no longer apply to child 
restraints manufactured on or after May 27, 1997. The current label 
requires a white background except for the heading. Therefore, the 
petitioner's suggested changes to the required background color for the 
label already are reflected in the labeling requirement.
    Section S5.5.2(k)(4) requires child seats manufactured on or after 
May 27, 1997 to be labeled with a warning concerning children and air 
bags. The label reads:

Warning

    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.
    The heading must be black with a yellow background.
    The petition notes that ANSI Z535.4 calls for an orange background 
in the heading area when the signal word is ``warning.'' The petition 
asks NHTSA to at least allow manufacturers the option of using orange.
    In the final rule on air bag labels, NHTSA discussed the focus 
group reactions to orange and yellow (November 27, 1996; 61 FR 60206). 
Based on that, NHTSA decided to specify yellow rather than orange 
because group evidence overwhelmingly suggests that yellow would be a 
more effective color than orange for attracting attention to the label. 
The petition offers no explanation or evidence that this reasoning was 
in error. Therefore, this aspect of the petition is denied.
    S5.5.2(l) requires child seats to be labeled with a diagram showing 
placement in the right front outboard seating position equipped with a 
continuous-loop lap/shoulder belt. The petition asks NHTSA to change 
this requirement to specify a rear seat location, since a rear-facing 
infant seat should never be in a front seat if the vehicle has air 
bags.
    This change has already been made to the standard in a final rule 
published October 1, 1998. NHTSA changed this requirement to delete the 
requirement that the diagram show a front seating position (63 FR 
52626). This will allow manufacturers to change the label to show a 
rear seat. Therefore, this issue is also moot.
    As the issues raised by the petitioner have been addressed in other 
rulemaking actions or have not been supported by new information, the 
agency is denying the petition for rulemaking.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    Issued on: December 15, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-33721 Filed 12-18-98; 8:45 am]
BILLING CODE 4910-59-P