[Federal Register Volume 66, Number 215 (Tuesday, November 6, 2001)]
[Proposed Rules]
[Pages 56048-56051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27546]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 575

[Docket No. NHTSA-2001-10053-Notice 2]
RIN 2127-AI65


Consumer Information; Safety Rating Program for Child Restraint 
Systems

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

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 56049]]

SUMMARY: Section 14(g) of the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act requires that, by 
November 2001, a notice of proposed rulemaking be issued to establish a 
child restraint safety rating consumer information program to provide 
practicable, readily understandable, and timely information to 
consumers for use in making informed decisions in the purchase of child 
restraint systems (CRS). In response to this mandate, NHTSA is 
proposing to establish such a program. The program would not impose any 
binding legal obligations on any child restraint manufacturer regarding 
the generation or distribution of information.
    The details of the new program are set forth in a companion request 
for comments being published today in the Federal Register. In 
developing the program, NHTSA reviewed existing rating systems that 
other countries and organizations have developed, and conducted its own 
performance testing to explore a possible rating system for child 
restraints. In the request for comments, the agency has tentatively 
concluded that the most effective consumer information system is one 
that gives the consumer a combination of information about child 
restraints' ease of use and dynamic performance, with the dynamic 
performance obtained through higher-speed sled testing and/or in-
vehicle NCAP testing. The agency is also giving consideration to 
conducting both higher-speed sled tests and in-vehicle NCAP testing in 
conjunction with the ease of use rating. That document provides a 
review of the information and reasoning used by the agency to reach 
that conclusion, describes the rating systems planned to meet the TREAD 
requirements, and seeks comment on this program.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than January 7, 2002.

ADDRESSES: You should mention the docket number of this document in 
your comments and submit your comments in writing to: Docket 
Management, Room PL-401, 400 Seventh Street, S.W., Washington, D.C. 
20590.
    You may call Docket Management at 202-366-9324. You may visit the 
Docket from 10:00 a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For issues related to a performance 
rating, you may call Brian Park of the New Car Assessment Program (NPS-
10) at 202-366-6012.
    For issues related to a compatibility/ease of use rating, you may 
call Lori Miller of the Office of Traffic Safety Programs (NTS-12) at 
202-366-9835.
    You may send mail to both officials at National Highway Traffic 
Safety Administration, 400 Seventh St., S.W., Washington, D.C. 20590.

SUPPLEMENTARY INFORMATION: Congress has directed the National Highway 
Traffic Safety Administration (NHTSA) to develop a child restraint 
safety rating system that is practicable and understandable (Section 14 
(g) of the Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) Act, November 1, 2000, Pub. L. 106-414, 114 Stat. 
1800) and that will help consumers to make informed decisions when 
purchasing child restraints. Section 14(g) reads as follows:

    (g) Child restraint safety rating program. No later than 12 
months after the date of the enactment of this Act, the Secretary of 
Transportation shall issue a notice of proposed rulemaking to 
establish a child restraint safety rating consumer information 
program to provide practicable, readily understandable, and timely 
information to consumers for use in making informed decisions in the 
purchase of child restraints. No later than 24 months after the date 
of the enactment of this Act the Secretary shall issue a final rule 
establishing a child restraint safety rating program and providing 
other consumer information which the Secretary determines would be 
useful (to) consumers who purchase child restraint systems.

    NHTSA notes that issuing requests for comments is the procedure 
that the agency has consistently used over the last several decades to 
provide for public participation in the development and selection of 
the performance criteria and test protocols to be used by the agency in 
generating consumer information. The agency selected this procedure, 
instead of the more formal step of issuing an NPRM, because 
establishing the various aspects of its consumer information program 
did not involve imposing any binding legal obligations on any party to 
generate or distribute any of the information. Since the performance 
criteria and test protocols are not binding, NHTSA does not place them 
in the Code of Federal Regulations when they are adopted. The most 
recent example of the agency's use of a request for comments in 
connection with a consumer information program is the one that the 
agency published to obtain comments on a draft test protocol to expand 
the New Car Assessment Program (NCAP) to provide brake performance 
information (July 17, 2001; 66 FR 37253). Several weeks earlier, the 
agency published a request for comments on developing a dynamic test on 
rollover pursuant to section 12 of the TREAD Act (July 3, 2001; 66 FR 
37179). Unlike section 14(g), section 12 does not require the issuance 
of an NPRM to obtain public comment.
    Nevertheless, to comply with the specific language of the TREAD 
Act, NHTSA is issuing this NPRM and a companion request for comments. 
In this NPRM, the agency proposes to establish a child restraint rating 
program. In the request for comments, the agency solicits comments on 
the details of that program. In developing the program, NHTSA reviewed 
existing rating systems that other countries and organizations have 
developed, and conducted its own performance testing to explore a 
possible rating system for child restraints. In the request for 
comments, the agency has tentatively concluded that the most effective 
consumer information system is one that gives the consumer a 
combination of information about child restraints' ease of use and 
dynamic performance, with the dynamic performance obtained through 
higher-speed sled testing and/or in-vehicle NCAP testing. The agency is 
also giving consideration to conducting both higher-speed sled tests 
and in-vehicle NCAP testing in conjunction with the ease of use rating. 
That document provides a review of the information and reasoning used 
by the agency to reach that conclusion, describes the rating systems 
planned to meet the TREAD requirements, and seeks comment on this 
program.

Submission of Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed,

[[Page 56050]]

stamped postcard in the envelope containing your comments. Upon 
receiving your comments, Docket Management will return the postcard by 
mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    I. Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    II. On that page, click on ``search.''
    III. On the next page (http://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-1999-1234,'' you would type 
``1234.'' After typing the docket number, click on ``search.''
    IV. On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments.
    You may download the comments. However, since the comments are 
imaged documents, instead of word processing documents, the downloaded 
comments are not word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

IX. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This document was not reviewed under Executive Order 12866. Since 
this NPRM would not establish a rule imposing binding legal obligations 
on any party, it does not involve a significant rule within the meaning 
of that Executive Order or the Department of Transportation's 
Regulatory Policies and Procedures. Further, preparation of a full 
regulatory evaluation is not required under these circumstances. As 
noted above, NHTSA is issuing this NPRM and a companion request for 
comments, instead of a request for comments alone, because section 
14(g) of the TREAD Act expressly requires the issuance of an NPRM.

B. 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 rulemaking for any proposed 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). 
The Small Business Administration's regulations at 13 CFR part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this NPRM under the Regulatory 
Flexibility Act. For the reasons noted above in the section on 
Executive Order 12866 and DOT Regulatory Policies and Procedures, I 
certify that this NPRM does not involve a rule that would have a 
significant economic impact on a substantial number of small entities.

C. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this NPRM does not involve a rule that would have any 
significant impact on the quality of the human environment.

D. Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, the agency may not issue a 
regulation with Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local

[[Page 56051]]

governments, the agency consults with State and local governments, or 
the agency consults with State and local officials early in the process 
of developing the regulation. NHTSA also may not issue a regulation 
with Federalism implications and that preempts State law unless the 
agency consults with State and local officials early in the process of 
developing the regulation.
    The agency has analyzed this NPRM in accordance with the principles 
and criteria set forth in Executive Order 13132 and has determined that 
it does not involve a rule that would have sufficient federalism 
implications to warrant consultation with State and local officials or 
the preparation of a federalism summary impact statement. The NPRM 
would not have any substantial effects on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. Civil Justice Reform

    This NPRM does not involve a rule that would have 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.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), 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 NPRM 
does not involve a rule that would require any collection of 
information.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs NHTSA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs NHTSA to provide Congress, through 
OMB, explanations when the agency decides not to use available and 
applicable voluntary consensus standards. The NTTAA does not apply to 
symbols.
    The NTTAA does not apply to this NPRM since it does not involve 
regulatory activities. The NPRM would not impose binding legal 
obligations on any party.

H. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires Federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of more 
than $100 million in any one year (adjusted for inflation with base 
year of 1995). Before promulgating a rule for which a written statement 
is needed, section 205 of the UMRA generally requires NHTSA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows NHTSA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
agency publishes with the final rule an explanation why that 
alternative was not adopted.
    This NPRM would not require any expenditures by State, local, or 
tribal governments, or by private parties.

I. Regulation 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. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 575

    Consumer information, Labeling, Motor vehicle safety, Motor 
vehicles, Rubber and rubber products, Tires.

    In consideration of the foregoing, 49 CFR part 575 would be amended 
as follows:

PART 575--CONSUMER INFORMATION

    1. The heading for part 575 would be revised to read as set forth 
above.
    2. The authority citation for part 575 would be revised to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166 and Pub.L. 
106-414, 114 Stat. 1800; delegation of authority at 49 CFR 1.50.

    3. The heading for subpart A would be revised to read as follows:

Subpart A--Regulations; General

    4. The heading for subpart B would be revised to read as follows:

Subpart B--Regulations; Consumer Information Items

    5. Subpart C would be added to read as follows:

Subpart C--Transportation Recall Enhancement, Accountability, and 
Documentation Act; Consumer Information


Sec. 575.201  Child restraint performance.

    The National Highway Traffic Safety Administration has established 
a program for rating the performance of child restraints. The agency 
makes the information developed under this rating program available 
through a variety of means, including postings on its Web site, 
www.nhtsa.dot.gov.

    Dated: October 29, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-27546 Filed 10-31-01; 9:54 am]
BILLING CODE 4910-59-P