[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Rules and Regulations]
[Page 66741-66743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-16]
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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
[[Page 66743]]
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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