[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5110-5112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1156]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-23628]


Child Safety and Child Booster Seats Incentive Grants

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Announcement of grants for child safety and child booster 
seats.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
announces a grant program under Section 2011 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act--A Legacy of Users 
(SAFETEA-LU) to implement programs to purchase and distribute child 
restraints, support enforcement of child restraint laws, train child 
passenger safety professionals concerning all aspects of child 
restraint use, and educate the public concerning the proper use and 
installation of child restraints. This notice solicits applications 
from the fifty States, the District of Columbia, and Puerto Rico.

DATES: Applications must be received by the office designated below on 
or before July 1 of the applicable fiscal year.

ADDRESSES: Applications must be submitted to the appropriate National 
Highway Traffic Safety Administration Regional Administrator.

FOR FURTHER INFORMATION CONTACT: For program issues: Judy Hammond, 
Injury Control Operations and Resources, NTI-200, telephone (202) 366-
2121, fax (202) 366-7394. For legal issues: David Bonelli, Office of 
Chief Counsel, NCC-113, telephone (202) 366-1834, fax (202) 366-3820, 
NHTSA, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

Incentive Grants for Child Safety Seats and Child Booster Seats

    Section 2011 of SAFETEA-LU (Pub. L. 109-59) establishes an 
incentive grant program for child safety seats and child booster seats. 
To qualify for grant funds, States must ``enforc[e] a law requiring 
that any child riding in a passenger motor vehicle in the State who is 
too large to be secured in a child safety seat be secured in a child 
restraint that meets the requirements prescribed by the Secretary under 
section 3 of Anton's Law.'' Prior to Anton's Law, NHTSA's performance 
requirements for child safety seats covered children weighing only up 
to 50 pounds.\1\ Anton's Law (Pub. L. 107-318) was enacted to improve 
the safety and use of child restraints for children between the ages of 
4 and 8. To accomplish these purposes, Congress directed the Department 
of Transportation, in Section 3 of Anton's Law, to make Federal 
performance requirements applicable to child restraints recommended for 
children weighing more than 50 pounds. On June 3, 2003, pursuant to 
this mandate, NHTSA published a final rule setting performance 
requirements for child restraints recommended for children weighing up 
to 65 pounds.\2\
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    \1\ These performance requirements were established using a 6-
year-old child dummy. The weight of the dummy is 51.6 pounds. 
According to U.S. Department of Health & Human Services statistics, 
51.7 pounds is the average weight of a 6-year-old child. Cynthia L. 
Ogden, Ph.D., et al, U.S. Department of Health and Human Services, 
Mean Body Weight, Height, and Body Mass Index, United States 1960-
2002 (2004).
    \2\ The 2003 performance requirements were established using a 
6-year-old child dummy modified through the addition of weight (10.4 
pounds) to represent approximately the weight of an 8-year-old 
child.
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    The Section 2011 grant program advances the purposes of Anton's Law 
by awarding funds to States that extend their child restraint laws to 
cover children who are too large to fit in child safety seats. Based on 
the final rule promulgated under Section 3 of Anton's Law, Section 2011 
requires States to enforce child restraint laws whose coverage extends 
to children weighing up to 65 lbs.
    Virtually all State child restraint laws use the age of the child 
as a means of specifying the children required to be secured in child 
restraints. However, not all State laws use the weight of the child in 
defining coverage. Moreover, enforcing a child restraint law based on 
the age of the child is likely to be more practicable for State and 
local enforcement officials. For these reasons, we are defining our 
grant criteria according to the age that correlates to a 65-pound 
child. According to the most recent U.S. Department of Health & Human 
Services (DHHS) publication on average body weight for children, the 
average weight of a 7-year-old child is 59.8 pounds and the average 
weight of an 8-year-old child is 72 pounds.\3\ On the basis of this 
information, we have selected 7 years old as the age that is reasonably 
representative of a 65-pound child for the purposes of this grant 
program.
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    \3\ OGDEN, supra note 1, at 3.
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Minimum Requirements for a Grant

    To qualify for a grant under this program, therefore, a State must 
enact

[[Page 5111]]

and enforce a law requiring that any child riding in a passenger motor 
vehicle (i.e., a passenger car, pickup truck, van, minivan or sport 
utility vehicle) who is under 8 years of age be secured in a child 
restraint. A child restraint includes a child safety seat, as defined 
in 23 U.S.C. 405(f), and a booster seat, as defined in 49 CFR 571.213. 
The State child restraint law must allow enforcement officials to stop 
or detain a passenger motor vehicle and issue a citation upon 
observation that a child under 8 years of age is not properly secured 
in a child restraint, without the need for probable cause to believe 
that another violation has been committed.
    Reading Section 2011 in conjunction with the findings under Anton's 
Law (Section 2), it is clear that Congress intended States to have 
continuous coverage for all children subject to the safety restraint 
requirement. Therefore, to qualify for a grant under this program, a 
State child restraint law must not leave any gaps in coverage for 
children under 8 years of age (e.g., gaps between coverage by a child 
safety seat and a booster seat). Such gaps would be incongruous with 
the purpose of the grant program. Finally, while all States define 
coverage under their child restraint laws according to the age of the 
child, several States include weight and/or height requirements. These 
laws typically permit children who have attained a certain weight or 
height to be exempted from child restraint requirements regardless of 
age. Consistent with the final rule published under Section 3 of 
Anton's Law, a State law covering children under 8 years of age, but 
excluding children who have attained a weight in excess of 65 pounds, 
will not be deemed ineligible under this grant program. In addition, 
consistent with long-standing NHTSA guidance on booster seat usage, a 
State law covering children under 8 years of age, but excluding 
children who have attained a height of 4 feet, 9 inches or taller will 
not be deemed ineligible under this grant program.

Exemptions

    While NHTSA does not require or encourage the adoption of 
exemptions, the agency notes that many existing child restraint laws 
contain a number of exemptions. The agency believes that the Section 
2011 program's goal of increasing the use of child restraints would not 
be served by denying a grant to States whose laws contain exemptions, 
without regard to the nature of those exemptions. On the other hand, 
some exemptions would so severely undermine the safety considerations 
underlying the grant program as to render a State whose law contains 
such exemptions ineligible for a grant. The agency will review each 
State's child restraint law to determine the acceptability of any 
exemptions. In keeping with NHTSA's practice in 1998 to implement the 
Section 405 grant program under the Transportation Equity Act for the 
21st Century (TEA-21), the agency has reviewed existing child restraint 
laws and has determined that the following exemptions are not 
incompatible with the requirements of SAFETEA-LU:
     Children with medical conditions who are unable to use a 
child restraint, provided there is written documentation from a 
physician;
     Children riding in a passenger motor vehicle that is not 
required to be equipped with safety belts.
    The agency has accepted these exemptions by long-standing 
application in safety belt grant programs. A State that enacts a law 
with any exemption other than these should anticipate that the agency 
will review the exemption to determine whether its impact on traffic 
safety is minimal and it is, therefore, acceptable.

Eligibility

    Each of the fifty United States, the District of Columbia and 
Puerto Rico (``States'') may submit an application under this program.

Application Procedures

First Year Requirements

    To apply for grant funds, a State must submit the certifications 
required by Appendix 1, signed by the Governor's Representative for 
Highway Safety, to the appropriate NHTSA Regional Administrator no 
later than July 1 of the fiscal year.

Subsequent Year Requirements

    To demonstrate compliance with this criterion in subsequent years a 
State receives grant funds:
    (a) If the State's law has not changed, the State must submit the 
certifications required by Appendix 2, signed by the Governor's 
Representative for Highway Safety, to the appropriate NHTSA Regional 
Administrator no later than July 1 of the fiscal year.
    (b) If the State's law has changed, the State must submit the 
certifications required by Appendix 1, signed by the Governor's 
Representative for Highway Safety, to the appropriate NHTSA Regional 
Administrator no later than July 1 of the fiscal year.
    A State seeking to determine whether an existing or proposed child 
restraint law qualifies under the grant program may submit its law 
prior to July 1 for preliminary review by the agency.

Award Procedures

    Each fiscal year (FY), a grant will be made to an eligible State 
upon submission and approval of the application required by this 
notice. As specified by SAFETEA-LU, the amount of a grant to a State in 
each fiscal year shall not exceed 25 percent of the amount apportioned 
to the State for FY 2003 under 23 U.S.C. 402. The release of grant 
funds shall be subject to the availability of funding for that fiscal 
year. As required by SAFETEA-LU, in the first 3 fiscal years for which 
a State receives a grant, it shall be reimbursed for up to 75 percent 
of the costs of programs and activities authorized by Section 2011(d) 
of SAFETEA-LU, and in the fourth fiscal year for which a State receives 
a grant, it shall be reimbursed for up to 50 percent of the costs of 
programs and activities authorized by Section 2011(d) of SAFETEA-LU.

Use of Grant Funds

    As specified by SAFETEA-LU, eligible uses of grant funds may 
include any of the following:

1. Programs for Purchasing and Distributing Child Restraints to Low-
Income Families

    States may use grant funds for programs to purchase and distribute 
child restraints to low-income families. However, as required by 
SAFETEA-LU, not more than 50 percent of the funds received in a fiscal 
year may be used for these programs. The child restraints purchased and 
distributed must be certified to meet applicable Federal Motor Vehicle 
Safety Standards. Low income is calculated at 185 percent of the 
Federal poverty level. A certified child passenger safety technician/
instructor should supervise all child restraint distribution programs 
and ensure that adequate training based on the Standardized Curriculum 
is provided to those distributing the selected seats. The certified 
child passenger safety technician/instructor should also ensure that 
appropriate training is provided to the recipients of the seats.

2. Programs to Support Enforcement of Child Restraint Laws

    States may use grant funds to carry out a program to support 
enforcement of child restraint laws. A successful enforcement program 
should increase enforcement efforts during national high-visibility law 
enforcement

[[Page 5112]]

mobilization campaigns and Child Passenger Safety (CPS) week.

3. Programs To Train Child Safety Professionals, Police Officers, Fire 
and Emergency Medical Personnel, Educators, and Parents Concerning All 
Aspects of the Use of Child Restraints

    States may use grant funds to carry out a program to train child 
passenger safety professionals, police officers, fire and emergency 
medical personnel, educators, parents, and caregivers concerning all 
aspects of the use of child restraints. When training participants to 
become national Child Passenger Safety Technicians and/or Instructors, 
States must use the NHTSA Standardized Child Passenger Safety Training 
Program with training certification through the national certifying 
body. States are encouraged to conduct Child Passenger Safety awareness 
training using NHTSA approved courses.

4. Programs To Educate the Public Concerning the Proper Use and 
Installation of Child Restraints

    States may use grant funds to carry out a program to educate the 
public concerning the proper use and installation of child restraints. 
States should develop and sustain a cadre of current nationally 
certified Child Passenger Safety Technicians to serve the public by 
staffing inspection stations/check-up events/clinics. States should 
distribute public information and education materials to the public. 
States should use NHTSA-developed materials that provide information on 
all the ``steps'' of child restraints, including infant seats, 
convertible seats, forward-facing seats, booster seats and safety 
belts, and should include information on selection, direction, 
installation and location.

Financial Requirements

    Within 30 days after notification of an award, but in no event 
later than September 12, a State must submit electronically to the 
agency a Program Cost Summary (HS Form 217) obligating the funds to 
this program. A Program Cost Summary is necessary to ensure proper 
accounting for the Federal funds and is a precondition to receiving 
grant funds. Additionally, each fiscal year until all grant funds are 
expended, the State must document how it intends to use the funds in 
the Highway Safety Plan it submits pursuant to 23 U.S.C. 402 (or in an 
amendment to that plan).

Reporting Requirements

    A State that receives a grant is required by SAFETEA-LU to submit a 
report describing how funds were obligated and expended. Each fiscal 
year until all Child Restraint grant funds are expended, a State must 
include this report in the Annual Report it submits for its highway 
safety program pursuant to 23 CFR 1200.33. For each of the eligible 
uses of grant funds selected by the State, include the following:

    1. For programs to purchase and distribute child restraints for 
low-income families:
    a. A description of the programs used to purchase and distribute 
child restraints for low-income families.
    b. The number of child restraints distributed.
    2. For programs to support enforcement of child restraint laws:
    a. A description of the programs used to support enforcement of 
child restraint laws.
    b. A list of participating law enforcement agencies and the 
counties they serve.
    3. For programs to train child passenger safety professionals:
    a. A description of the training classes conducted and the 
curricula used to train individuals and groups.
    b. The number and location of training classes conducted and the 
individuals or groups trained.
    c. The number of child passenger safety technicians certified.
    4. For programs to educate the public:
    a. A description of the programs used to educate the public 
concerning the proper use and installation of child restraints.
    b. A list of child restraint inspection stations/check-up events/
clinics, including their locations.
    c. An estimate of the number of child restraints checked at 
inspection stations/check-up events/clinics.

APPENDIX 1--CHILD RESTRAINT PROGRAM CETIFICATION FORM--NEW OR CHANGED 
LAW

State:-----------------------------------------------------------------

Fiscal Year:-----------------------------------------------------------

I hereby certify that the child restaint law, available at

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(include legal citations to all relevant provisions)

is (check one):

[squ] in effect and being enforced,

[squ] will be in effect on

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(date)

and will be enforced on

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(date)

and that the State (or Commonwealth) of:
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 will use the child restraint grant funds awarded 
exclusively to implement programs in accordance with the 
requirements of Section 2011(d) of SAFETEA-LU, Pub. L. 109-59;
     will administer the child restraint grant funds in 
accordance with 49 CFR Part 18;
     will provide to the NHTSA Regional Administrator a 
report describing the activities executed with child restraint grant 
funds and the accomplishments of the fiscal year; and
     will maintain its aggregate expenditures from all other 
sources for child restraint programs at or above the average level 
of such expenditures in State or Federal fiscal years (FY) 2003 and 
2004.

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Governor's Highway Safety Representative

Date:------------------------------------------------------------------

APPENDIX 2--CHILD RESTRAINT PROGRAM CERTIFICATION FORM--UNCHANGED LAW

State:-----------------------------------------------------------------

Fiscal Year:-----------------------------------------------------------

I hereby certify that the State (or Commonwealth) of

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     is enforcing a child restraint law that has been 
approved by NHTSA to conform to the requirements of Section 2011(d) 
of SAFETEA-LU, Pub. L. 109-59 and that has remained unchanged since 
that approval;
     will use the child restraint grant funds awarded 
exclusively to implement programs in accordance with the 
requirements of Section 2011(d) of SAFETEA-LU, Pub. L. 109-59;
     will administer the child restraint grant funds in 
accordance with 49 CFR Part 18;
     will provide to the NHTSA Regional Administrator a 
report describing the activities executed with child restraint grant 
funds and the accomplishments of the fiscal year; and
     will maintain its aggregate expenditures from all other 
sources for child restraint programs at or above the average level 
of such expenditures in State or Federal fiscal years (FY) 2003 and 
2004.

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Governor's Highway Safety Representative

Date:------------------------------------------------------------------

    Issued on: January 25, 2006.
Jacqueline Glassman,
Deputy Administrator.
 [FR Doc. E6-1156 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-59-P