[Federal Register Volume 68, Number 229 (Friday, November 28, 2003)]
[Rules and Regulations]
[Pages 66741-66743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29610]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2002-12065]
RIN 2127-AI88


Federal Motor Vehicle Safety Standards; Child Restraint Systems

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

ACTION: Delay of expiration date of interim final rule.

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SUMMARY: On October 22, 2002, NHTSA published an interim final rule 
that amended the Federal motor vehicle safety standard on child 
restraint systems to permit the manufacture and sale of harnesses that 
attach to school bus seat backs as long as the harnesses are properly 
labeled. The agency scheduled the interim final rule to terminate on 
December 1, 2003, while requesting comments on permanently adopting the 
provisions of the interim final rule. To allow for more time to respond 
to the comments, this document delays the expiration date of the 
interim final rule for an additional nine months.

DATES: The expiration of the interim final rule published at 67 FR 
64818 (October 22, 2002), as amended by this rule, is delayed until 
September 1, 2004. The amendment published in this rule is effective 
November 28, 2003, and expires on September 1, 2004.
    Any petitions for reconsideration of this final rule must be 
received by NHTSA not later than January 12, 2004.

ADDRESSES: Petitions for reconsideration, identified by DOT DMS Docket 
No. NHTSA-2002-12065, should be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590:

[[Page 66742]]

    For technical issues: Mr. Tewabe Asebe, Office of Crashworthiness 
Standards, NVS-113, telephone (202) 366-2365, facsimile (202) 493-2739.
    For legal issues: Mr. Christopher Calamita, Office of Chief 
Counsel, NCC-112, telephone (202) 366-2992, facsimile (202) 366-3820.

SUPPLEMENTARY INFORMATION: Interim Final Rule
    On October 22, 2002, NHTSA published an interim final rule to 
permit, temporarily, the manufacture and sale of harnesses designed to 
attach to school bus seats. (67 FR 64818; Docket No. NHTSA-2002-12065). 
The interim rule was adopted to facilitate the transportation of 
preschool and special needs children for the new school year, and to 
relieve a restriction imposed by FMVSS No. 213, Child restraint 
systems, on the manufacture and sale of the harnesses.
    The interim rule responded to a petition for rulemaking from a 
harness manufacturer, E-Z-On Products, Inc. (``E-Z-On''), which 
requested that NHTSA amend a prohibition in S5.3.1 of FMVSS No. 213 
against seat-mounted harnesses. The petitioner believed that the 
harnesses were especially needed to help transport preschool and 
special needs children in school buses, because the devices could 
restrain the children and provide upper body support without the use of 
seat belts.
    In the interim rule, NHTSA determined that permitting the 
manufacture and sale of seat-mounted harnesses for use on school buses 
would enhance the safe transportation of preschool and special needs 
children, subject to a precautionary measure to avoid overloading the 
seat to which the harness is attached in a collision. The interim rule 
provided that, as of February 1, 2003, seat-mounted harnesses for 
school buses could be manufactured if they bore a permanent warning 
label that warned about overloading the seat. The agency decided that 
the likelihood of seat failure in a collision would be reduced if the 
entire seat directly rearward of a child restrained in a seat-mounted 
harness were vacant or occupied only by restrained passengers. NHTSA 
required the label to be placed on the part of the restraint that 
attaches the harness to the vehicle seat back, and it must be visible 
when the harness is installed. The label must bear a pictogram and the 
following statements: ``WARNING! This restraint must only be used on 
school bus seats. Entire seat directly behind must be unoccupied or 
have restrained occupants.''
    The interim rule also added a definition of ``harness'' \1\ to the 
standard. The definition of a harness is ``a combination pelvic and 
upper torso child restraint system that consists primarily of flexible 
material, such as straps, webbing or similar material, and that does 
not include a rigid seating structure for the child.''
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    \1\ We consider the term ``harness'' to be interchangeable with 
the term ``vest'', which is commonly used to describe seatk-mounted 
retraints.
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    The interim rule made several other amendments to FMVSS No. 213 
relating to this issue. These other amendments specified the means of 
attachment by which a harness must be capable of meeting the 
requirements of FMVSS No. 213 and established the dynamic test 
procedures of the standard for testing seat-mounted harnesses.
    NHTSA determined that it was in the public interest to make the 
changes effective immediately on an interim basis (until December 1, 
2003) to enable the restraints to be manufactured and sold for 
immediate use during the school year. A one-year period was provided to 
enable us to decide whether to amend the standard permanently.
    A large majority of the commenters supported adopting a permanent 
exclusion for harnesses manufactured and sold for use on school bus 
seats from the prohibition against such a design. Some commenters 
raised questions about the warning label text and placement. Comments 
were also received on the specific test conditions of the standard.
    The agency is in the process of determining whether to amend the 
standard permanently in response to the comments received. We 
anticipate issuing a response to comments in early 2004. A nine-month 
extension of the temporary amendments, to September 1, 2004, preserves 
the status quo until then.

Effective Date of This Document

    Because the December 1, 2003 date for the termination of the period 
during which seat-mounted harnesses can be manufactured is fast 
approaching, NHTSA finds for good cause that today's action extending 
the temporary amendments must take effect immediately. Today's final 
rule makes no substantive change to the standard as amended by the 
interim rule, but extends the temporary amendments for nine months 
while the agency complete its response to the comments. If the 
effective date were not delayed, manufacturers would be required to 
stop production and sales of harnesses that attach to school bus seat 
backs prior to the agency's response to comments that requested the 
interim rule to be made permanent. Also, pupil transportation operators 
would find it increasingly difficult to purchase seat-mounted harnesses 
beginning December 1, 2003.

Rulemaking Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rule under Executive Order 
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 agency concludes that the 
impacts of the amendments are so minimal that preparation of a full 
regulatory evaluation is not required. The rule will not impose any new 
requirements or costs on manufacturers, but instead will continue to 
allow manufacturers to produce a type of harness for nine months if the 
harness bears a label providing information regarding how the harness 
should be used.

B. Regulatory Flexibility Act

    NHTSA has considered the impacts of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that 
the amendment will 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 extend the 
period in which manufacturers are permitted to produce seated-mounted 
harnesses, so long as the harnesses bear a label providing information 
regarding how the restraint should be used. We anticipate that the 
seat-mounted harnesses will be sold to school districts and to other 
pupil transportation providers. NHTSA has learned of the existence of 
two manufacturers, both of which are small businesses. The agency 
believes that this rule will not have a significant impact on these 
businesses since it only preserves the status quo for nine months.

C. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, 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 document does 
not

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establish any new information collection requirements.

D. National Environmental Policy Act

    NHTSA has analyzed this amendment for the purposes of the National 
Environmental Policy Act and determined that it will not have any 
significant impact on the quality of the human environment.

E. 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 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 governments, or the agency consults 
with State and local officials early in the process of developing the 
proposed regulation. NHTSA may also 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 proposed regulation.
    The agency has analyzed this rulemaking action in accordance with 
the principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The rule will have no 
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.

F. Executive Order 12778 (Civil Justice Reform)

    This rule does not 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.

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 us to use voluntary consensus standards in 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 agency searched for, but did not find any voluntary consensus 
standards relevant to this final rule.

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).
    This final rule will not impose any unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. This rule will not result in 
costs of $100 million or more to either State, local, or tribal 
governments, in the aggregate, or to the private sector. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.

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 571

    Motor vehicle safety, Reporting and recordkeeping requirements, 
Tires.

PART 571--[AMENDED]

0
In consideration of the foregoing, NHTSA amends 49 CFR part 571 as set 
forth below.
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 1.50.


Sec.  571.213  [Amended]

0
2. In Sec.  571.213, S5.3.1 is revised to read as follows:


Sec.  571.213  Standard No. 213; Child restraint systems.

* * * * *

S5.3.1 Add-on child restraints shall meet the requirements of either 
paragraph (a) or (b) of this section, as appropriate.
    (a) Except for components designed to attach to a child restraint 
anchorage system, each add-on child restraint system must not have any 
means designed for attaching the system to a vehicle seat cushion or 
vehicle seat back and any component (except belts) that is designed to 
be inserted between the vehicle seat cushion and vehicle seat back. 
Harnesses manufactured before February 1, 2003 that are manufactured 
for use on school bus seats are excluded from S5.3.1(a).
    (b) Harnesses manufactured on or after February 1, 2003, but before 
September 1, 2004, for use on school bus seats must meet S5.3.1(a) of 
this standard, unless a label that conforms in content to Figure 12 and 
to the requirements of S5.3.1(b)(1) through S5.3.1(b)(3) of this 
standard is permanently affixed to the part of the harness that 
attaches the system to a vehicle seat back.
    (1) The label must be plainly visible when installed and easily 
readable.
    (2) The message area must be white with black text. The message 
area must be no less than 20 square centimeters.
    (3) The pictogram shall be gray and black with a red circle and 
slash on a white background. The pictogram shall be no less than 20 mm 
in diameter.
* * * * *

    Issued on: November 21, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-29610 Filed 11-24-03; 12:02 pm]
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