Federal Motor Vehicle Safety Standards; Occupant Crash Protection, 28878-28888 [05-9924]

Download as PDF 28878 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules intersection with the eastern boundary of section 5, T5S, R1E; then (18) Continue northwest in a straight line approximately 1.1 miles to the 1,291-foot peak in section 32, T4S, R1E; then (19) Continue northwest in a straight line approximately 1.1 miles to the 1,004-foot peak in section 30, T4S, R1E; then (20) Continue northwest in a straight line approximately 3.8 miles, passing through BM 161 in section 11, T4S, R1W, until the line intersects Palomares Road in section 11; then (21) Follow Palomares Road in a northerly direction for approximately 0.7 miles to the road’s intersection with the power transmission line shown in section 11, T4S, R1W; then (22) Proceed northwest along the power transmission line for approximately 6.4 miles, passing through the Dublin map near Walpert Ridge, onto the Hayward map to the point where the power transmission line turns nearly west, approximately 500 feet south of an unnamed 891-foot peak; then (23) Continue north-northwest in a straight line approximately 1.4 miles to an unnamed 840-foot peak; then (24) Proceed north-northeast in a straight line approximately 3.4 miles, returning to the Dublin map, to the point of an angle in the Contra CostaAlameda County line in section 20, T2S, R1W, about 0.4 miles west of Wiedemann Hill (elevation 1,854); then (25) Beginning in a northwesterly direction, proceed along the meandering Contra Costa-Alameda County line for approximately 6.0 miles, passing briefly onto the Hayward, Las Trampas Ridge, and Diablo maps, before returning the Las Trampas Ridge map and continuing to the point of an angle in the Contra Costa-Alameda County line in section 35, T1S, R2W; then (26) From that point, continue northnorthwest in a straight line approximately 2.7 miles to the summit of Las Trampas Peak (elevation 1,827 feet) in section 22, T1S, R2W; then (27) Proceed east-northeast in a straight line approximately 8.8 miles, passing through the Diablo map, and return to the beginning point at the summit of Mount Diablo on the Clayton map. Signed: April 28, 2005. John J. Manfreda, Administrator. [FR Doc. 05–10006 Filed 5–18–05; 8:45 am] BILLING CODE 4810–31–P VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA–309–4775b; FRL–7902–1] Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District and San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from aerospace manufacturing and component coating and can and coil coating operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). Any comments on this proposal must arrive by June 20, 2005. ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR–4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901, or e-mail to steckel.andrew@epa.gov, or submit comments at http:// www.regulations.gov. You can inspect copies of the submitted SIP revisions, EPA’s technical support documents (TSDs), and public comments at our Region IX office during normal business hours by appointment. You may also see copies of the submitted SIP revisions by appointment at the following locations: California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 ‘‘I’’ Street, Sacramento, CA 95814; Imperial County Air Pollution Control District, 150 South 9th Street, El Centro, CA 92243; and San Joaquin Valley Unified Air Pollution Control District, 1990 East Gettysburg Ave., Fresno, CA 93726. A copy of the rule may also be available via the Internet at http:// www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not an EPA Web site and may not contain the same version of the rule that was submitted to EPA. DATES: PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, (415) 947–4111, wamsley.jerry@epa.gov. SUPPLEMENTARY INFORMATION: This proposal addresses ICAPCD Rule 425— Aerospace Coating Operations and SJVUAPCD Rule 4604—Can and Coil Coating Operations. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. However, if we receive adverse comments, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: March 25, 2005. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. 05–10011 Filed 5–18–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2005–21244] RIN 2127–AJ59 Federal Motor Vehicle Safety Standards; Occupant Crash Protection National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: This NPRM would amend Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection, by proposing test procedures applicable to vehicles that have a child restraint anchorage system, commonly referred to as a ‘‘LATCH’’ system, in a front passenger seating position and that comply with advanced air bag requirements through the use of a E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules suppression system. Beginning September 1, 2006, these vehicles must suppress the air bag in the presence of a child restraint system that is attached to the vehicle’s LATCH system. The procedures proposed in this document specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test. DATES: You should submit comments early enough to ensure that Docket Management receives them not later than July 18, 2005. ADDRESSES: You may submit comments by any of the following methods: • Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Request for Comments heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading under Rulemaking Analyses and Notices. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact Lou Molino, Office of Crashworthiness Standards, Light Duty Vehicle Division by phone at (202) 366–1740, and by fax at (202) 493–2739. For legal issues, you may contact Christopher Calamita of the NHTSA VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 Office of Chief Counsel by phone at (202) 366–2992 and by fax at (202) 366– 3820. You may send mail to both of these officials at the National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ‘‘Occupant crash protection’’ (49 CFR 571.208), requires passenger vehicles to be equipped with safety belts and frontal air bags for the protection of vehicle occupants in crashes. While air bags have been very effective in protecting people in moderate and high speed frontal crashes, there have been instances in which they have caused serious or fatal injuries to occupants who were very close to the air bag when it deployed. On May 12, 2000, NHTSA published a final rule to require that future air bags be designed to create less risk of serious air bag-induced injuries than current air bags and provide improved frontal crash protection for all occupants, by means that include advanced air bag technology (‘‘Advanced Air Bag Rule,’’ 65 FR 30680, Docket No. NHTSA 00–7013). Under that Advanced Air Bag Rule, manufacturers are provided several compliance options in order to minimize the risk to infants and small children from deploying air bags, including an option to suppress an air bag in the presence of a child restraint system (CRS). To ensure the robustness of automatic suppression systems, NHTSA tests an air bag suppression system under conditions representative of real world use. Manufacturers choosing to rely on an air bag suppression system to minimize the risk to children in a CRS must ensure that the vehicle complies with the suppression requirements when tested with the CRSs specified in Appendix A of the standard (see S19, S21 and S23 of FMVSS No. 208). On November 19, 2003, we revised Appendix A by adding two CRSs that are equipped with components that attach to a vehicle’s LATCH 1 system (68 1 ‘‘LATCH’’ stands for ‘‘Lower Anchors and Tethers for Children,’’ a term that was developed by child restraint manufacturers and retailers to refer to the standardized child restraint anchorage system that vehicle manufacturers must install in vehicles pursuant to FMVSS No. 225, Child Restraint Anchorage Systems (49 CFR 571.225). The LATCH system is comprised of two lower anchorages and one tether anchorage. Each lower anchorage is a rigid round rod or bar onto which the connector of a child restraint system can be attached. FMVSS No. 225 does not permit vehicle manufacturers to install LATCH systems in front PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 28879 FR 65179, Docket No. NHTSA 03– 16476). Since September 1, 2002, CRSs have been required by FMVSS No. 213, Child restraint systems (49 CFR 571.213), to have permanently-attached components that enable the CRS to connect to a LATCH system on a vehicle. The addition of these ‘‘LATCHequipped’’ CRSs to Appendix A kept the appendix up-to-date in reflecting current CRS designs.2 FMVSS No. 208 currently states that the CRS manufacturer’s installation instructions are to be used when installing a LATCH-equipped CRS into a vehicle for suppression testing. It does not provide a specific procedure apart from these instructions. Today’s NPRM proposes a specific procedure, which we have tentatively determined to provide a repeatable and reproducible installation of LATCH-equipped CRSs. The procedure is based on real-world installations of CRSs and is consistent with CRS manufacturers’ instructions. II. Proposed Test Procedures There are two types of LATCHequipped CRSs. One type is composed of CRSs that have the LATCH components attached to them by use of flexible belt webbing (for purposes of this NPRM, we refer to child restraints that use the flexible means of attachment as ‘‘flexible LATCH CRSs’’). The other type is comprised of CRSs that use a rigid ratchet mechanism built into the CRS (‘‘rigid LATCH CRSs’’). This NPRM proposes procedures for attaching both types of CRSs to the vehicle’s LATCH system. Test Procedure for Flexible LATCH CRSs The test procedure for flexible LATCH CRSs uses a loading device that enables a consistent means of installing the restraints. (A schematic of the device accompanies the proposed regulatory text.) Under the proposed procedure, a flexible LATCH CRS is centered between the seat’s two lower LATCH anchor bars and the CRS LATCH is connected to the anchor bars with slack in the straps. The loading device, consisting of a loading bar, load cell, and loading bar foot, is placed at the CRS seat bight (the intersection of the CRS seat cushion and seat back) at an angle of 15 ± 3 degrees from vertical. designated seating positions unless the vehicle has an air bag on-off switch meeting the requirements of S4.5.4 of FMVSS No. 208. 2 On August 20, 2004, the agency extended the compliance date (from September 1, 2004 to September 1, 2006) on which manufacturers must certify to requirements with the LATCH-equipped CRSs installed on a LATCH system (69 FR 51598; Docket No. NHTSA 2004–18905). E:\FR\FM\19MYP1.SGM 19MYP1 28880 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules The device applies a load to the CRS, replicating installers using their weight to install a CRS. The loading device first applies a preload of 50 to 100 Newtons (N) to the CRS, which is then increased to 875 ± 10 N. After the load settles to between 845 and 855 N, the flexible LATCH straps, already attached to the anchor bars but not yet in tension, are manually tightened such that the change in the preload is not more than 25 N.3 The procedure was developed by NHTSA to replicate real-world CRS installations in vehicles by experienced installers, particularly with respect to the appropriate load vector to be applied and the amount of load relief when LATCH belts are manually tightened. The procedure was developed using four installers 4 working with three vehicles and four CRSs. The vehicles used were: (a) The 2003 GMC Sierra Regular Cab C1500 Truck, certified to the advanced air bag requirements; (b) the 2003 Toyota Tacoma regular Cab Truck, certified with depowered air bags; and (c) the 2004 Ford F150 Regular Cab Truck, certified to the advanced air bag requirements. The CRSs used were: (a) The Cosco Forerunner convertible child restraint; (b) the Cosco Alpha-Omega convertible child restraint; (c) the Graco SnugRide rear-facing child restraint; and (d) the Britax Expressway convertible child restraint. A memorandum describing development of the procedure has been placed in the docket for this rulemaking.5 Agency tests demonstrated that the proposed procedure results in a CRS installation representative of a realworld installation. The distance of a target on the side of the CRS to the LATCH anchor bars was measured to determine the positioning of the CRS after various installations. There was no statistical difference in the test results between the installations made by technicians using the test procedure and the real-world installations of the installers that had not used the procedure. When the loading device and test procedure were used by individual technicians, a similar level of 3 To replicate a common misuse condition, the top tether of the CRS is not attached. 4 All four installers were practiced with the installation of the CRSs. Two of the installers were certified Child Passenger Safety Technicians. We used experienced installers because we wanted to achieve a secure, ‘‘tight’’ installation of the CRS on the LATCH system. A tight installation of a CRS, which is the installation that caregivers seek to achieve, is more likely to be read by some suppression systems as an adult occupying the seating position than an installation that is less tight. 5 Test Report—FMVSS No. 208, LATCH Equipped Child Restraint Installation Procedure, June 22, 2004. VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 positioning repeatability was achieved as by any single installer without the device and procedure. Each CRS was installed with the loading device according the proposed procedure two times in the GMC Sierra. The Britax Expressway was installed twice using the procedure in the Ford F150 and the Toyota Tacoma. The Cosco Forerunner and the Graco Snugride each were installed two times in the Toyota Tacoma. When installations of the same CRS model in the same vehicle were evaluated, the CRSs were installed comparably, and consistent air bag suppression status was achieved in all but one instance. The exception was the installation of the Britax Expressway in the GMC Sierra, which resulted in a suppressed air bag in one trial and a failed suppression in a second trial. This same phenomenon occurred with one of the certified installers not using the device. Thus, we believe that the difference in air bag suppression status was a reflection of the characteristics of the suppression system rather than that of the repeatability of the test procedure. As a result of testing we tentatively conclude that: • Installing a CRS with the test device results in a CRS installation reflective of real-world installation by experienced CRS installers; • Installing a CRS with the test device results in a repeatable installation independent of the installer; and • Installing a CRS with the test device can result in a suppression system test failure representative of real-world use. contacted the vehicle seat back. If the CRS were equipped with a linear sliding or ratcheting mechanism that requires the application of force to securely install the CRS, a force of 600 N would be applied to the CRS in a plane parallel to the plane formed by the linear mechanism. The load would then be removed and the suppression test performed. Test Procedure for Rigid LATCH CRS System Rigid LATCH CRS systems typically have a ratchet mechanism built into a rigid structure to obtain a tight/snug fit between the CRS and the vehicle seat. Because flexible webbing material is not used to attach the LATCH components, rigid LATCH CRSs limit the potential variability in installation. They also do not exhibit the tendency of flexible LATCH CRSs to load the vehicle seat cushion with a distinct downward force that some suppression systems have interpreted as being generated by an adult occupant. As such, a test matrix was not needed to develop an installation procedure for rigid LATCH CRS systems. In the proposed installation procedure for rigid LATCH CRSs, the rigid LATCH CRSs would be centered in a vehicle seat, as in the flexible LATCH CRS procedure. The lower anchor attachments would then be connected to the vehicle’s anchor bars pursuant to the CRS manufacturer’s instruction. The CRS would be moved rearward until it If made final, this rule would become effective 60 days following its publication. However, compliance testing based on these procedures would not apply to vehicles manufactured before September 1, 2006. Vehicles manufactured on or after September 1, 2006, are tested for compliance with the Advanced Air Bag Rule suppression requirements using LATCH-equipped CRSs installed using the LATCH configuration. See Appendix A, FMVSS No. 208. In such tests, the proposed procedure for attaching the CRS to the LATCH system would be used. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 III. Benefits and Costs The proposed amendment to FMVSS No. 208 would not establish new performance criteria but would instead provide a developed procedure for demonstrating compliance with existing requirements. This document proposes a specific procedure that we have tentatively determined to provide a repeatable and reproducible installation of LATCH-equipped CRSs. We do not require manufacturers to use the test device or the procedure. This NPRM proposes to specify how NHTSA would conduct that aspect of the suppression test that involves attaching the CRS to the vehicle’s LATCH system. For manufacturers that wish to use the test procedure in testing their vehicles, the test device described in the proposed amendment would result in a negligible cost to vehicle manufacturers and testing laboratories. The agency constructed the device with load cells commonly relied upon in vehicle testing and less than fifty dollars worth of supplies. IV. Effective Date of the Proposed Rule V. Request for 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 E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules 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. Comments may also be submitted to the docket electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help & Information’’ or ‘‘Help/Info’’ to obtain instructions for filing the document electronically. If you are submitting comments electronically as a PDF (Adobe) file, we ask that the documents submitted be scanned using Optical Character Recognition (OCR) process, thus allowing the agency to search and copy certain portions of your submissions.6 Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB’s guidelines may be accessed at http://www.whitehouse.gov/ omb/fedreg/reproducible.html. DOT’s guidelines may be accessed at http:// dmses.dot.gov/submit/ DataQualityGuidelines.pdf. 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, 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 6 Optical character recognition (OCR) is the process of converting an image of text, such as a scanned paper document or electronic fax file, into computer-editble text. VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 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. If Docket Management receives a comment too late for us to consider in developing a final rule (assuming that one is issued), we will consider that comment as an informal suggestion for future rulemaking action. 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: (1) Go to the Docket Management System (DMS) Web page of the Department of Transportation (http:// dms.dot.gov/). (2) On that page, click on ‘‘Simple Search.’’ (3) On the next page (http:// dms.dot.gov/search/), type in the fourdigit docket number shown at the beginning of this document. Example: If the docket number were ‘‘NHTSA– 1998–1234,’’ you would type ‘‘1234.’’ After typing the docket number, click on ‘‘Search.’’ (4) 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. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 28881 VI. 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 budget 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 rulemaking document was not reviewed by the Office of Management and Budget under E.O. 12866. It is not considered to be significant under E.O. 12866 or the Department’s Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). This document proposes to amend 49 CFR 571.208 by incorporating a procedure for installing LATCH equipped CRSs in order to demonstrate compliance with the advanced air bag requirements. The equipment necessary for the procedure would cost vehicle manufacturers and testing laboratories less than $50 and would provide a repeatable and reproducible method for installing LATCH equipped CRSs in a manner representative of real world use. B. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., NHTSA has evaluated the effects of this proposed action on small entities. I hereby certify that this notice of proposed rulemaking would not have a significant impact on a substantial number of small entities. The following is the agency’s statement providing the factual basis for the certification (5 U.S.C. 605(b)). If adopted, the proposal would directly affect motor vehicle manufacturers, E:\FR\FM\19MYP1.SGM 19MYP1 28882 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules second stage or final stage manufacturers, and alterers. The majority of motor vehicle manufacturers would not qualify as a small business. These manufacturers, along with manufacturers that do qualify as a small business, are already required to comply with the advanced air bag requirements. This proposal would not establish new requirements, but instead provide specific procedures to demonstrate compliance with existing requirements. C. Executive Order No. 13132 NHTSA has analyzed this proposed rule in accordance with the principles and criteria set forth in Executive Order 13132, Federalism and has determined that this proposal does not have sufficient Federal implications to warrant consultation with State and local officials or the preparation of a Federalism summary impact statement. The proposal would not have any substantial impact on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials. D. National Environmental Policy Act NHTSA has analyzed this proposal for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this action would not have any significant impact on the quality of the human environment. E. Paperwork Reduction Act Under the new procedures established by 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. F. National Technology Transfer and Advancement Act Under the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104–113), ‘‘all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.’’ The agency searched for, but did not find any voluntary consensus standards that addressed the installation of LATCHequipped CRSs. G. Civil Justice Reform This proposal would not have any retroactive effect. Under 49 U.S.C. VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 21403, 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. 21461 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. H. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 requires 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 annually (adjusted for inflation with base year of 1995). This rulemaking would not result in expenditures by State, local or tribal governments, in the aggregate, or by the private sector in excess of $100 million annually. I. Executive Order 13045 Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under E.O. 12866, and (2) concerns an environmental, health, or safety risk that NHTSA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, we must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by us. This proposed rule is not subject to the Executive Order because it is not economically significant as defined in E.O. 12866. J. Executive Order 13211 Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any rule that: (1) Is determined to be economically significant as defined under E.O. 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. If made final, this PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 rulemaking would provide a compliance procedure for an existing motor vehicle safety requirement. Therefore this proposal was not analyzed under E.O. 13211. K. Plain Language Executive Order 12866 and the President’s memorandum of June 1, 1998, require each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this proposal. L. 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. M. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. List of Subjects in 49 CFR Part 571 Imports, Motor vehicle safety, Motor vehicles, and Tires. In consideration of the foregoing, NHTSA proposes to amend 49 CFR Part 571 as set forth below. E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS 1. The authority citation for Part 571 would continue to read as follows: Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.50. 2. Section 571.208 would be amended by: a. Revising S20.2.1.1 through S20.2.1.5, S20.4.6, S22.2.1, S22.2.1.4, S22.2.1.5, S22.2.1.6 through S22.2.1.6.2, S22.2.1.7, S22.2.1.8, S24.2, S24.2.2, and the introductory text of Section C of Appendix A; b. Adding S20.2.1.6, S20.2.1.6.1, S20.2.1.6.2, S22.2.1.7.1 through S22.2.1.7.3, S22.2.1.8.1 through S22.2.1.8.4, Figures A1 and A2 at the end of Appendix A; and c. Removing S22.2.1.5.1, S22.2.1.5.2, S22.2.1.5.3, S22.2.1.6.3, S22.2.1.6.4, to read as follows: § 571.208 Standard No. 208; Occupant crash protection. * * * * * S20.2.1.1 The vehicle shall comply in tests using any child restraint specified in section B and section C of Appendix A of this standard, installed in the front outboard passenger vehicle seat in the following orientations: (a) With the section B and section C child restraints facing rearward as appropriate; and (b) With the section C child restraints facing forward. S20.2.1.2 The vehicle shall comply with the child restraint attached to the vehicle in the following manner: (a) Using the vehicle safety belts as specified in S20.2.1.5; and (b) If the child restraint is certified to S5.9 of FMVSS No. 213, and the vehicle seat has an anchorage system as specified in FMVSS No. 225, using only the mechanism provided by the child restraint manufacturer for attachment to the lower anchorages as specified in S20.2.1.6. S20.2.1.3 Locate a vertical plane through the longitudinal centerline of the child restraint. This will be referred to as ‘‘Plane A.’’ S20.2.1.4 For bucket seats, ‘‘Plane B’’ refers to a vertical plane parallel to the vehicle longitudinal centerline through the longitudinal centerline of the front outboard passenger vehicle seat cushion. For bench seats, ‘‘Plane B’’ refers to a vertical plane through the front outboard passenger vehicle seat parallel to the vehicle longitudinal centerline the same distance from the longitudinal centerline of the vehicle as the center of the steering wheel. S20.2.1.5 Installation with vehicle safety belts. VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 (a) Place any adjustable seat belt anchorages at the vehicle manufacturer’s nominal design position for a 50th percentile adult male occupant. (b) Without attaching the child restraint anchorage system as specified in S5.9 of FMVSS No. 213 to a vehicle seat anchorage system specified in FMVSS No. 225, align the child restraint system facing rearward or forward, depending on the orientation being tested, such that Plane A is aligned with Plane B. (c) While maintaining the child restraint positions achieved in S20.2.1.5(b), secure the child restraint by following, to the extent possible, the child restraint manufacturer’s directions regarding proper installation of the restraint for the orientation being tested. Cinch the vehicle belts to any tension from zero up to 134 N to secure the child restraint. Measure belt tension in a flat, straight section of the lap belt between the child restraint belt path and the contact point with the belt anchor or vehicle seat, on the side away from the buckle (to avoid interference from the shoulder portion of the belt). (d) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer’s instructions provided with the child restraint for seating infants. (e) Start the vehicle engine or place the ignition in the ‘‘on’’ position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.1.6 Installation using the lower anchor bars and the child restraint manufacturer provided attachment mechanism. S20.2.1.6.1 If the attachment mechanism provided by the manufacturer incorporates a strap(s), use the following procedure: (a) Place the child restraint on the vehicle seat facing rearward or forward, depending on the orientation being tested, with Plane A of the child restraint aligned within ± 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible according to the child restraint manufacturer’s instructions. (c) Move the child restraint rearward until it contacts the seat back. (d) Connect the lower anchor straps of the restraint to the lower anchor bars of the seat and remove the slack, but do not apply any load using these straps. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 28883 (e) Use the loading device equipped with the loading foot shown in Figure A1 and position it as shown in Figure A2 of Appendix A of this standard. The 15 ± 3 degree angle of the loading device illustrated in Figure A2 is determined with an initial preload of 75 ± 25N. (f) In 90 ± 30 seconds, increase the preload to 875N ± 10N. (g) Observe the settling of the preload and tighten the lower anchor straps when the preload is 850 ± 5N. Tighten the lower anchor straps at the same time such that the load is reduced 15 ± 10N and the change occurs within 2 seconds. (h) Remove the loading device and position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer’s instructions provided with the child restraint for seating infants. (i) Start the vehicle engine or place the ignition in the ‘‘on’’ position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S20.2.1.6.2 If the mechanism provided by the manufacturer does not incorporate a strap(s), use the following procedure: (a) Place the child restraint on the vehicle seat facing rearward or forward, depending on the orientation being tested, with Plane A of the child restraint aligned within ± 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer’s instructions. (c) Connect the lower anchor attachments to the lower anchor bars following, to the extent possible, the child restraint manufacturer’s instructions. (e) Move the child restraint rearward until it contacts the seat back. (f) If the child restraint does not use a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, follow, to the extent possible, the CRS manufacturer’s instructions for installing the child restraint onto the seat. Do not load the seat as provided in S20.2.1.6.2(g). (g) If the child restraint uses a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, in 25 ± 5 seconds, apply a 600N force, that has no lateral component, in a plane located within +/¥ 100 mm and parallel with the plane formed by the linear mechanism. The force shall be in E:\FR\FM\19MYP1.SGM 19MYP1 28884 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules the same direction as the motion of the mechanism. Release the force. (h) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy in the child restraint by following, to the extent possible, the manufacturer’s instructions provided with the child restraint for seating infants. (i) Start the vehicle engine or place the ignition in the ‘‘on’’ position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. * * * * * S20.4.6 If the child restraint is certified to S5.9 of §571.213, and the vehicle seat has an anchorage system as specified in §571.225, attach the child restraint to the vehicle seat anchorage as specified in S20.2.1.6. Do not attach the vehicle safety belt. * * * * * 22.2.1 Belted test with forward facing or booster seat child restraint. * * * * * S22.2.1.4 The vehicle shall comply with the child restraint belted to the vehicle in the following manner: (a) Using the vehicle safety belts as specified in S22.2.1.5 with section C and section D child restraints of Appendix A of this standard designed to be secured to the vehicle seat even when empty; and (b) If the child restraint is certified to S5.9 of §571.213, and the vehicle seat has an anchorage system as specified in §571.225, using only the mechanism provide by the child restraint manufacturer for attachment to the lower anchorage as specified in S22.2.1.6. S22.2.1.5 Installation with vehicle safety belts. (a) Place any adjustable seat belt anchorages at the vehicle manufacturer’s nominal design position for a 50th percentile adult male occupant. (b) Without attaching the child restraint anchorage system as specified in S5.9 of §571.213 to a vehicle seat anchorage system specified in §571.225, align the child restraint system facing forward, such that Plane A is aligned with Plane B. (c) While maintaining the child restraint positions achieved in S22.2.1.5(b), secure the child restraint by following, to the extent possible, the child restraint manufacturer’s directions regarding proper installation of the restraint. Cinch the vehicle belts to any tension from zero up to 134 N to secure the child restraint. Measure belt tension in a flat, straight section of the lap belt between the child restraint belt path and VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 the contact point with the belt anchor or vehicle seat, on the side away from the buckle (to avoid interference from the shoulder portion of the belt). S22.2.1.6 Installation using the lower anchor bars and the child restraint manufacturer provided attachment mechanism. S22.2.1.6.1 If the mechanism provided by the manufacturer incorporates a strap(s), use the following procedure. (a) Place the child restraint on the vehicle seat facing forward, with Plane A of the child restraint aligned within ± 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer’s instructions. (c) Move the child restraint rearward until it contacts the seat back. (d) Connect the lower anchor straps to the lower anchor bars and remove most of the slack, but do not apply any load using these straps. (e) Do not attach any tethers. (f) Use the loading device equipped with the loading foot shown in Figure A1 and position it as shown in Figure A2 of Appendix A of this standard. The 15 ± 3 degree angle of the loading device is determined with an initial preload of 50 to 100 N. (g) In 90 ± 30 seconds, increase the preload to 875N ± 10N. (h) Observe the settling of the preload and tighten the lower anchor straps when the preload is 850 ± 5N. Tighten the lower anchor straps at the same time such that the load is reduced 15 ± 10N and the change occurs within 2 seconds. (i) Remove the loading device. S22.2.1.6.2 If the mechanism provided by the manufacturer does not incorporate a strap(s), use the following procedure. (a) Place the child restraint on the vehicle seat facing forward with Plane A of the child restraint aligned within ± 10 mm with a longitudinal vertical plane passing though a point midway between the centers of the two lower anchor bars. (b) Position any adjustments on the child restraint, to the extent possible, according to the child restraint manufacturer’s instructions. (c) Connect the lower anchor attachments to the lower anchor bars following, to the extent possible, the child restraint manufacturer’s instructions. (d) Move the child restraint rearward until it contacts the seat back. (e) Do not attach any tethers. (f) If the child restraint does not use a linear sliding or ratcheting mechanism PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 that requires the application of force to securely install the child restraint, follow, to the extent possible, the manufacturer’s instructions for installing the child restraint onto the seat. Do not load the seat as provided in S20.2.1.6.2(f). (g) If the child restraint uses a linear sliding or ratcheting mechanism that requires the application of force to securely install the child restraint, in 25 ± 5 seconds, apply a 600N force, that has no lateral component, in a parallel plane located within ±100 mm of the plane formed by the linear mechanism. Release the force. S22.2.1.7 Forward facing child restraint. S22.2.1.7.1 After installation of a forward facing child restraint, position the 49 CFR part 572 subpart P 3-yearold child dummy in the child restraint such that the dummy’s lower torso is centered on the child restraint and the dummy’s spine is against the seat back of the child restraint. Place the arms at the dummy’s sides. S22.2.1.7.2 Attach all belts that come with the child restraint that are appropriate for a child of the same height and weight as the 3-year-old child dummy, if any, by following, to the extent possible, the manufacturer’s instructions provided with the child restraint for seating children. S22.2.1.7.3 Start the vehicle engine or place the ignition in the ‘‘on’’ position, whichever will turn on the suppression system, and close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. S22.2.1.8 Booster seat child restraint. S22.2.1.8.1 After installation of a booster seat child restraint, position the 49 CFR part 572 subpart P 3-year-old child dummy in the booster seat such that the dummy’s lower torso is centered on the booster seat cushion and the dummy’s back is parallel to and in contact with the booster seat back or, if there is no booster seat back, the vehicle seat back. Place the arms at the dummy’s sides. S22.2.1.8.2 If applicable, attach all belts that come with the child restraint that are appropriate for a child of the same height and weight as the 3-yearold child dummy, if any, by following, to the extent possible, the manufacturer’s instructions provided with the child restraint for seating children. S22.2.1.8.3 If applicable, place the Type 2 manual belt around the test dummy and fasten the latch. Remove all slack from the lap belt portion. Pull the upper torso webbing out of the retractor and allow it to retract; repeat this four E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules times. Apply a 9 to 18 N (2 to 4 lb) tension load to the lap belt. Allow the excess webbing in the upper torso belt to be retracted by the retractive force of the retractor. S22.2.1.8.4 Start the vehicle engine or place the ignition in the ‘‘on’’ position, whichever will turn on the suppression system, and then close all vehicle doors. Wait 10 seconds, then check whether the air bag is deactivated. * * * * * S24.2 Static tests of automatic suppression feature which shall result in deactivation of the passenger air bag. Each vehicle that is certified as complying with S23.2 of FMVSS No. 208 shall meet the following test requirements with the child restraint in the front outboard passenger vehicle seat under the following conditions: (a) Using the vehicle safety belts as specified in S22.2.1.5 with section D VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 child restraints designed to be secured to the vehicle seat even when empty; (b) If the child restraint is certified to S5.9 of §571.213, and the vehicle seat has an anchorage system as specified in §571.225, using only the mechanism provide by the child restraint manufacturer for attachment to the lower anchorage as specified in S22.2.1.6; and (c) Without securing the child restraint with either the vehicle safety belts or any mechanism provided with a child restraint certified to S5.9 of §571.213. * * * * * S24.2.2 Exceptions. The tests specified in the following paragraphs of S22.2 need not be conducted: S22.2.1.7, S22.2.2.3, S22.2.2.5, S22.2.2.6, S22.2.2.7, and S22.2.2.8. * * * * * PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 28885 Appendix A to § 571.208 * * * * * C. Any of the following forward facing toddler and forward-facing convertible child restraint systems, manufactured on or after December 1, 1999, may be used by the National Highway Traffic Safety Administration to test the suppression system of a vehicle that is manufactured on or after the effective date and prior to the termination date specified in the table below and that has been certified as being in compliance with 49 CFR 571.208 S19, or S21. (Note: Any child restraint listed in this subpart that is not recommended for use in a rear-facing position by its manufacturer is excluded from use in testing in a belted rear-facing configuration under S20.2.1.1(a)): * * * * * BILLING CODE 4910–59–P E:\FR\FM\19MYP1.SGM 19MYP1 VerDate jul<14>2003 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules 23:41 May 18, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4725 E:\FR\FM\19MYP1.SGM 19MYP1 EP19MY05.043</GPH> 28886 VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\19MYP1.SGM 19MYP1 28887 EP19MY05.044</GPH> Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules 28888 Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules Issued on May 10, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–9924 Filed 5–18–05; 8:45 am] BILLING CODE 4910–59–C DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2005–20967] Federal Motor Vehicle Safety Standards National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Denial of petition for rulemaking. AGENCY: SUMMARY: This document denies a petition from the Rubber Manufacturers Association (RMA) to conduct rulemaking to amend the Federal motor vehicle safety standard on tire selection and rims to require manufacturers of new motor vehicles to establish a recommended cold inflation pressure (placard pressure) for their vehicles using a tire pressure reserve. The tire pressure reserve would be based on the minimum pressure the RMA believes is necessary to support the vehicle’s maximum load at the activation pressure of the installed tire pressure monitoring system (TPMS). The agency has decided to deny the petition because neither the RMA’s nor the agency’s data demonstrate a safety need for such a requirement. FOR FURTHER INFORMATION CONTACT: The following persons at the National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC, 20590: For technical issues: Mr. George Soodoo or Mr. Ezana Wondimneh, Office of Crash Avoidance Standards (Telephone: 202–366–2720) (Fax: 202–366–7002). For legal issues: Mr. Eric Stas, Office of the Chief Counsel (Telephone: 202–366–2992) (Fax: 202–366–3820). SUPPLEMENTARY INFORMATION: I. Executive Summary A. The RMA’s Petition The Rubber Manufacturers Association 1 submitted a petition for 1 The Rubber Manufacturers Association is a national trade organization representing tire and rubber manufacturers in the United States. Its membership includes: (1) Bridgestone/Firestone Americas Holdings, L.L.C, (2) Continental North America, Inc, (3) Cooper Tire and Rubber Company, VerDate jul<14>2003 23:41 May 18, 2005 Jkt 205001 rulemaking 2 to NHTSA to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims, to include a tire pressure reserve sufficient to permit the tires to carry the vehicle maximum load at the threshold activation pressure for illumination of the low tire pressure telltale (a lighted indicator) under FMVSS No. 138, Tire Pressure Monitoring Systems. Pursuant to FMVSS No. 138, the under-inflation warning threshold for the TPMS is set at 25% below the vehicle manufacturer’s recommended cold inflation pressure or a minimum activation pressure corresponding to the type of tire, whichever is higher. The Tire and Rim Association (TRA) establishes and publishes guidelines, by tire size, for recommended tire load and tire pressure. The TRA guidelines, along with similar publications by other specified tire industry organizations, incorporate detailed tables that are used by vehicle manufacturers when deciding on original equipment tires and the recommended tire pressure to place on the vehicle’s tire placard. The tire placard is located on the driver’s side B-pillar and is intended to inform vehicle owners of the proper tire inflation pressure level. In addition to the tire placard information, pursuant to a statutory mandate, the agency has recently issued a Final Rule establishing requirements to ensure that vehicle owners are informed when a tire is significantly under-inflated. These systems, known as tire pressure monitoring systems, will detect and warn consumers within 20 minutes after a tire’s inflation pressure drops to 25% below the vehicle manufacturer’s recommended inflation level. The primary function of a TPMS is to detect under-inflation caused by slow leaks that may otherwise go unnoticed. TPMS are not substitutes for proper tire maintenance. Instead, they provide a supplemental system to assist in informing vehicle owners when maintenance is needed. The RMA’s petition postulates that the pressure in a vehicle’s tires at maximum load may fall below the recommended value in the TRA tables before the TPMS warning telltale provides its alert. According to the RMA, the tables specify the minimum pressure that should be recommended for each tire at the vehicle’s maximum load. Following this reasoning, if a vehicle manufacturer recommends a placard pressure with less than a 25% (4) The Goodyear Tire and Rubber Company, (5) Michelin North America, Inc., (6) Pirelli Tire North America, and (7) Yokohama Tire Corporation. 2 Docket No. NHTSA–2005–20967–1. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 margin above what is required to support the vehicle’s maximum load, the tires could conceivably fall below the TRA specified value before the TPMS warning telltale illuminates. The RMA asserted that a vehicle driven under such conditions (below TRA specified values) is overloading its tires and that this may lead to tire degradation and, ultimately, to tire failure. The RMA cited a recent NHTSA study finding that 26% of passenger cars—and 29% of pick-up trucks, sport utility vehicles, and vans—had at least one tire that was under-inflated by at least 25% below placard pressure.3 The RMA also submitted calculations from a sample of 100 vehicles (model years (MY) 1997 to 2003) indicating that 61% would not have sufficient pressure reserve at maximum load (based on the TRA tables) if the vehicle’s tire pressure were to fall to 25% below placard pressure.4 Finally, the RMA relied on a telephone survey of motorists, which reported that 67% of those surveyed would be less concerned about checking their tire pressure if their vehicles were equipped with a TPMS. From these data, the RMA concluded that NHTSA’s tire standards must be amended to provide a reserve load so that drivers are not lulled into a false sense of security that may lead them to rely exclusively on the TPMS. The RMA argued that the TPMS could encourage drivers to neglect proper tire maintenance, leading in turn to an increased risk of driving on overloaded tires and resulting tire failures. B. NHTSA’s Research To Consider the Petition The Secretary of Transportation has delegated rulemaking authority under 49 U.S.C. Chapter 301 to prescribe motor vehicle safety standards to NHTSA.5 However, in order to issue such standards, the agency must make a determination that the standard (or amendment to an existing standard) is practicable, meets the need for motor vehicle safety, and is stated in objective terms.6 Consistent with this statutory directive, NHTSA’s regulations related to the requirements for petitions for rulemaking state that the petition must ‘‘[s]et forth facts which it is claimed 3 Docket No. NHTSA–2000–8572–74. note that the RMA submitted calculations based upon two sets of data that together totaled 100 vehicles. For the purposes of this notice, we have combined these two data sets as a single weighted average. We have done this both for ease of use and because the distinctions between those data sets do not impact our resolution of the RMA’s petition. 5 See 49 CFR 1.50. 6 49 U.S.C. 30111(a). 4 We E:\FR\FM\19MYP1.SGM 19MYP1

Agencies

[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 28878-28888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9924]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2005-21244]
RIN 2127-AJ59


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM would amend Federal Motor Vehicle Safety Standard 
No. 208, Occupant crash protection, by proposing test procedures 
applicable to vehicles that have a child restraint anchorage system, 
commonly referred to as a ``LATCH'' system, in a front passenger 
seating position and that comply with advanced air bag requirements 
through the use of a

[[Page 28879]]

suppression system. Beginning September 1, 2006, these vehicles must 
suppress the air bag in the presence of a child restraint system that 
is attached to the vehicle's LATCH system. The procedures proposed in 
this document specify a repeatable, reproducible, and realistic method 
of attaching child restraints to the LATCH system for the suppression 
test.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than July 18, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading under Rulemaking Analyses and 
Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Lou Molino, Office of Crashworthiness Standards, Light Duty Vehicle 
Division by phone at (202) 366-1740, and by fax at (202) 493-2739.
    For legal issues, you may contact Christopher Calamita of the NHTSA 
Office of Chief Counsel by phone at (202) 366-2992 and by fax at (202) 
366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant 
crash protection'' (49 CFR 571.208), requires passenger vehicles to be 
equipped with safety belts and frontal air bags for the protection of 
vehicle occupants in crashes. While air bags have been very effective 
in protecting people in moderate and high speed frontal crashes, there 
have been instances in which they have caused serious or fatal injuries 
to occupants who were very close to the air bag when it deployed. On 
May 12, 2000, NHTSA published a final rule to require that future air 
bags be designed to create less risk of serious air bag-induced 
injuries than current air bags and provide improved frontal crash 
protection for all occupants, by means that include advanced air bag 
technology (``Advanced Air Bag Rule,'' 65 FR 30680, Docket No. NHTSA 
00-7013). Under that Advanced Air Bag Rule, manufacturers are provided 
several compliance options in order to minimize the risk to infants and 
small children from deploying air bags, including an option to suppress 
an air bag in the presence of a child restraint system (CRS).
    To ensure the robustness of automatic suppression systems, NHTSA 
tests an air bag suppression system under conditions representative of 
real world use. Manufacturers choosing to rely on an air bag 
suppression system to minimize the risk to children in a CRS must 
ensure that the vehicle complies with the suppression requirements when 
tested with the CRSs specified in Appendix A of the standard (see S19, 
S21 and S23 of FMVSS No. 208).
    On November 19, 2003, we revised Appendix A by adding two CRSs that 
are equipped with components that attach to a vehicle's LATCH \1\ 
system (68 FR 65179, Docket No. NHTSA 03-16476). Since September 1, 
2002, CRSs have been required by FMVSS No. 213, Child restraint systems 
(49 CFR 571.213), to have permanently-attached components that enable 
the CRS to connect to a LATCH system on a vehicle. The addition of 
these ``LATCH-equipped'' CRSs to Appendix A kept the appendix up-to-
date in reflecting current CRS designs.\2\
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    \1\ ``LATCH'' stands for ``Lower Anchors and Tethers for 
Children,'' a term that was developed by child restraint 
manufacturers and retailers to refer to the standardized child 
restraint anchorage system that vehicle manufacturers must install 
in vehicles pursuant to FMVSS No. 225, Child Restraint Anchorage 
Systems (49 CFR 571.225). The LATCH system is comprised of two lower 
anchorages and one tether anchorage. Each lower anchorage is a rigid 
round rod or bar onto which the connector of a child restraint 
system can be attached. FMVSS No. 225 does not permit vehicle 
manufacturers to install LATCH systems in front designated seating 
positions unless the vehicle has an air bag on-off switch meeting 
the requirements of S4.5.4 of FMVSS No. 208.
    \2\ On August 20, 2004, the agency extended the compliance date 
(from September 1, 2004 to September 1, 2006) on which manufacturers 
must certify to requirements with the LATCH-equipped CRSs installed 
on a LATCH system (69 FR 51598; Docket No. NHTSA 2004-18905).
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    FMVSS No. 208 currently states that the CRS manufacturer's 
installation instructions are to be used when installing a LATCH-
equipped CRS into a vehicle for suppression testing. It does not 
provide a specific procedure apart from these instructions. Today's 
NPRM proposes a specific procedure, which we have tentatively 
determined to provide a repeatable and reproducible installation of 
LATCH-equipped CRSs. The procedure is based on real-world installations 
of CRSs and is consistent with CRS manufacturers' instructions.

II. Proposed Test Procedures

    There are two types of LATCH-equipped CRSs. One type is composed of 
CRSs that have the LATCH components attached to them by use of flexible 
belt webbing (for purposes of this NPRM, we refer to child restraints 
that use the flexible means of attachment as ``flexible LATCH CRSs''). 
The other type is comprised of CRSs that use a rigid ratchet mechanism 
built into the CRS (``rigid LATCH CRSs''). This NPRM proposes 
procedures for attaching both types of CRSs to the vehicle's LATCH 
system.

Test Procedure for Flexible LATCH CRSs

    The test procedure for flexible LATCH CRSs uses a loading device 
that enables a consistent means of installing the restraints. (A 
schematic of the device accompanies the proposed regulatory text.) 
Under the proposed procedure, a flexible LATCH CRS is centered between 
the seat's two lower LATCH anchor bars and the CRS LATCH is connected 
to the anchor bars with slack in the straps. The loading device, 
consisting of a loading bar, load cell, and loading bar foot, is placed 
at the CRS seat bight (the intersection of the CRS seat cushion and 
seat back) at an angle of 15  3 degrees from vertical.

[[Page 28880]]

The device applies a load to the CRS, replicating installers using 
their weight to install a CRS. The loading device first applies a 
preload of 50 to 100 Newtons (N) to the CRS, which is then increased to 
875  10 N. After the load settles to between 845 and 855 N, 
the flexible LATCH straps, already attached to the anchor bars but not 
yet in tension, are manually tightened such that the change in the 
preload is not more than 25 N.\3\
---------------------------------------------------------------------------

    \3\ To replicate a common misuse condition, the top tether of 
the CRS is not attached.
---------------------------------------------------------------------------

    The procedure was developed by NHTSA to replicate real-world CRS 
installations in vehicles by experienced installers, particularly with 
respect to the appropriate load vector to be applied and the amount of 
load relief when LATCH belts are manually tightened. The procedure was 
developed using four installers \4\ working with three vehicles and 
four CRSs. The vehicles used were: (a) The 2003 GMC Sierra Regular Cab 
C1500 Truck, certified to the advanced air bag requirements; (b) the 
2003 Toyota Tacoma regular Cab Truck, certified with depowered air 
bags; and (c) the 2004 Ford F150 Regular Cab Truck, certified to the 
advanced air bag requirements. The CRSs used were: (a) The Cosco 
Forerunner convertible child restraint; (b) the Cosco Alpha-Omega 
convertible child restraint; (c) the Graco SnugRide rear-facing child 
restraint; and (d) the Britax Expressway convertible child restraint. A 
memorandum describing development of the procedure has been placed in 
the docket for this rulemaking.\5\
---------------------------------------------------------------------------

    \4\ All four installers were practiced with the installation of 
the CRSs. Two of the installers were certified Child Passenger 
Safety Technicians. We used experienced installers because we wanted 
to achieve a secure, ``tight'' installation of the CRS on the LATCH 
system. A tight installation of a CRS, which is the installation 
that caregivers seek to achieve, is more likely to be read by some 
suppression systems as an adult occupying the seating position than 
an installation that is less tight.
    \5\ Test Report--FMVSS No. 208, LATCH Equipped Child Restraint 
Installation Procedure, June 22, 2004.
---------------------------------------------------------------------------

    Agency tests demonstrated that the proposed procedure results in a 
CRS installation representative of a real-world installation. The 
distance of a target on the side of the CRS to the LATCH anchor bars 
was measured to determine the positioning of the CRS after various 
installations. There was no statistical difference in the test results 
between the installations made by technicians using the test procedure 
and the real-world installations of the installers that had not used 
the procedure. When the loading device and test procedure were used by 
individual technicians, a similar level of positioning repeatability 
was achieved as by any single installer without the device and 
procedure.
    Each CRS was installed with the loading device according the 
proposed procedure two times in the GMC Sierra. The Britax Expressway 
was installed twice using the procedure in the Ford F150 and the Toyota 
Tacoma. The Cosco Forerunner and the Graco Snugride each were installed 
two times in the Toyota Tacoma. When installations of the same CRS 
model in the same vehicle were evaluated, the CRSs were installed 
comparably, and consistent air bag suppression status was achieved in 
all but one instance. The exception was the installation of the Britax 
Expressway in the GMC Sierra, which resulted in a suppressed air bag in 
one trial and a failed suppression in a second trial. This same 
phenomenon occurred with one of the certified installers not using the 
device. Thus, we believe that the difference in air bag suppression 
status was a reflection of the characteristics of the suppression 
system rather than that of the repeatability of the test procedure.
    As a result of testing we tentatively conclude that:
     Installing a CRS with the test device results in a CRS 
installation reflective of real-world installation by experienced CRS 
installers;
     Installing a CRS with the test device results in a 
repeatable installation independent of the installer; and
     Installing a CRS with the test device can result in a 
suppression system test failure representative of real-world use.

Test Procedure for Rigid LATCH CRS System

    Rigid LATCH CRS systems typically have a ratchet mechanism built 
into a rigid structure to obtain a tight/snug fit between the CRS and 
the vehicle seat. Because flexible webbing material is not used to 
attach the LATCH components, rigid LATCH CRSs limit the potential 
variability in installation. They also do not exhibit the tendency of 
flexible LATCH CRSs to load the vehicle seat cushion with a distinct 
downward force that some suppression systems have interpreted as being 
generated by an adult occupant. As such, a test matrix was not needed 
to develop an installation procedure for rigid LATCH CRS systems.
    In the proposed installation procedure for rigid LATCH CRSs, the 
rigid LATCH CRSs would be centered in a vehicle seat, as in the 
flexible LATCH CRS procedure. The lower anchor attachments would then 
be connected to the vehicle's anchor bars pursuant to the CRS 
manufacturer's instruction. The CRS would be moved rearward until it 
contacted the vehicle seat back. If the CRS were equipped with a linear 
sliding or ratcheting mechanism that requires the application of force 
to securely install the CRS, a force of 600 N would be applied to the 
CRS in a plane parallel to the plane formed by the linear mechanism. 
The load would then be removed and the suppression test performed.

III. Benefits and Costs

    The proposed amendment to FMVSS No. 208 would not establish new 
performance criteria but would instead provide a developed procedure 
for demonstrating compliance with existing requirements. This document 
proposes a specific procedure that we have tentatively determined to 
provide a repeatable and reproducible installation of LATCH-equipped 
CRSs.
    We do not require manufacturers to use the test device or the 
procedure. This NPRM proposes to specify how NHTSA would conduct that 
aspect of the suppression test that involves attaching the CRS to the 
vehicle's LATCH system. For manufacturers that wish to use the test 
procedure in testing their vehicles, the test device described in the 
proposed amendment would result in a negligible cost to vehicle 
manufacturers and testing laboratories. The agency constructed the 
device with load cells commonly relied upon in vehicle testing and less 
than fifty dollars worth of supplies.

IV. Effective Date of the Proposed Rule

    If made final, this rule would become effective 60 days following 
its publication. However, compliance testing based on these procedures 
would not apply to vehicles manufactured before September 1, 2006. 
Vehicles manufactured on or after September 1, 2006, are tested for 
compliance with the Advanced Air Bag Rule suppression requirements 
using LATCH-equipped CRSs installed using the LATCH configuration. See 
Appendix A, FMVSS No. 208. In such tests, the proposed procedure for 
attaching the CRS to the LATCH system would be used.

V. Request for 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

[[Page 28881]]

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.
    Comments may also be submitted to the docket electronically by 
logging onto the Docket Management System Web site at http://
dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically. If you are 
submitting comments electronically as a PDF (Adobe) file, we ask that 
the documents submitted be scanned using Optical Character Recognition 
(OCR) process, thus allowing the agency to search and copy certain 
portions of your submissions.\6\
---------------------------------------------------------------------------

    \6\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editble text.
---------------------------------------------------------------------------

    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at http://dmses.dot.gov/submit/
DataQualityGuidelines.pdf.

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, 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. If Docket 
Management receives a comment too late for us to consider in developing 
a final rule (assuming that one is issued), we will consider that 
comment as an informal suggestion for future rulemaking action.

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:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    (2) On that page, click on ``Simple Search.''
    (3) 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-1998-1234,'' you would type 
``1234.'' After typing the docket number, click on ``Search.''
    (4) 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.

VI. 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 budget 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 rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is not considered to be 
significant under E.O. 12866 or the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979).
    This document proposes to amend 49 CFR 571.208 by incorporating a 
procedure for installing LATCH equipped CRSs in order to demonstrate 
compliance with the advanced air bag requirements. The equipment 
necessary for the procedure would cost vehicle manufacturers and 
testing laboratories less than $50 and would provide a repeatable and 
reproducible method for installing LATCH equipped CRSs in a manner 
representative of real world use.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., NHTSA has evaluated the effects of this proposed action on small 
entities. I hereby certify that this notice of proposed rulemaking 
would not have a significant impact on a substantial number of small 
entities.
    The following is the agency's statement providing the factual basis 
for the certification (5 U.S.C. 605(b)). If adopted, the proposal would 
directly affect motor vehicle manufacturers,

[[Page 28882]]

second stage or final stage manufacturers, and alterers.
    The majority of motor vehicle manufacturers would not qualify as a 
small business. These manufacturers, along with manufacturers that do 
qualify as a small business, are already required to comply with the 
advanced air bag requirements. This proposal would not establish new 
requirements, but instead provide specific procedures to demonstrate 
compliance with existing requirements.

C. Executive Order No. 13132

    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132, Federalism 
and has determined that this proposal does not have sufficient Federal 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement. The proposal 
would not have any substantial impact on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials.

D. National Environmental Policy Act

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

E. Paperwork Reduction Act

    Under the new procedures established by 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.

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' The agency searched for, but did not find any 
voluntary consensus standards that addressed the installation of LATCH-
equipped CRSs.

G. Civil Justice Reform

    This proposal would not have any retroactive effect. Under 49 
U.S.C. 21403, 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. 21461 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.

H. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires 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 annually 
(adjusted for inflation with base year of 1995). This rulemaking would 
not result in expenditures by State, local or tribal governments, in 
the aggregate, or by the private sector in excess of $100 million 
annually.

I. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health, or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in E.O. 12866.

J. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any 
rule that: (1) Is determined to be economically significant as defined 
under E.O. 12866, and is likely to have a significantly adverse effect 
on the supply of, distribution of, or use of energy; or (2) that is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. If made final, this 
rulemaking would provide a compliance procedure for an existing motor 
vehicle safety requirement. Therefore this proposal was not analyzed 
under E.O. 13211.

K. Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

L. 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.

M. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, and Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Part 571 as set forth below.

[[Page 28883]]

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 would continue to read as 
follows:

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

    2. Section 571.208 would be amended by:
    a. Revising S20.2.1.1 through S20.2.1.5, S20.4.6, S22.2.1, 
S22.2.1.4, S22.2.1.5, S22.2.1.6 through S22.2.1.6.2, S22.2.1.7, 
S22.2.1.8, S24.2, S24.2.2, and the introductory text of Section C of 
Appendix A;
    b. Adding S20.2.1.6, S20.2.1.6.1, S20.2.1.6.2, S22.2.1.7.1 through 
S22.2.1.7.3, S22.2.1.8.1 through S22.2.1.8.4, Figures A1 and A2 at the 
end of Appendix A; and
    c. Removing S22.2.1.5.1, S22.2.1.5.2, S22.2.1.5.3, S22.2.1.6.3, 
S22.2.1.6.4, to read as follows:


Sec.  571.208  Standard No. 208; Occupant crash protection.

* * * * *
    S20.2.1.1 The vehicle shall comply in tests using any child 
restraint specified in section B and section C of Appendix A of this 
standard, installed in the front outboard passenger vehicle seat in the 
following orientations:
    (a) With the section B and section C child restraints facing 
rearward as appropriate; and
    (b) With the section C child restraints facing forward.
    S20.2.1.2 The vehicle shall comply with the child restraint 
attached to the vehicle in the following manner:
    (a) Using the vehicle safety belts as specified in S20.2.1.5; and
    (b) If the child restraint is certified to S5.9 of FMVSS No. 213, 
and the vehicle seat has an anchorage system as specified in FMVSS No. 
225, using only the mechanism provided by the child restraint 
manufacturer for attachment to the lower anchorages as specified in 
S20.2.1.6.
    S20.2.1.3 Locate a vertical plane through the longitudinal 
centerline of the child restraint. This will be referred to as ``Plane 
A.''
    S20.2.1.4 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of the front outboard passenger vehicle seat 
cushion. For bench seats, ``Plane B'' refers to a vertical plane 
through the front outboard passenger vehicle seat parallel to the 
vehicle longitudinal centerline the same distance from the longitudinal 
centerline of the vehicle as the center of the steering wheel.
    S20.2.1.5 Installation with vehicle safety belts.
    (a) Place any adjustable seat belt anchorages at the vehicle 
manufacturer's nominal design position for a 50th percentile adult male 
occupant.
    (b) Without attaching the child restraint anchorage system as 
specified in S5.9 of FMVSS No. 213 to a vehicle seat anchorage system 
specified in FMVSS No. 225, align the child restraint system facing 
rearward or forward, depending on the orientation being tested, such 
that Plane A is aligned with Plane B.
    (c) While maintaining the child restraint positions achieved in 
S20.2.1.5(b), secure the child restraint by following, to the extent 
possible, the child restraint manufacturer's directions regarding 
proper installation of the restraint for the orientation being tested. 
Cinch the vehicle belts to any tension from zero up to 134 N to secure 
the child restraint. Measure belt tension in a flat, straight section 
of the lap belt between the child restraint belt path and the contact 
point with the belt anchor or vehicle seat, on the side away from the 
buckle (to avoid interference from the shoulder portion of the belt).
    (d) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy 
in the child restraint by following, to the extent possible, the 
manufacturer's instructions provided with the child restraint for 
seating infants.
    (e) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
    S20.2.1.6 Installation using the lower anchor bars and the child 
restraint manufacturer provided attachment mechanism.
    S20.2.1.6.1 If the attachment mechanism provided by the 
manufacturer incorporates a strap(s), use the following procedure:
    (a) Place the child restraint on the vehicle seat facing rearward 
or forward, depending on the orientation being tested, with Plane A of 
the child restraint aligned within  10 mm with a 
longitudinal vertical plane passing though a point midway between the 
centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible according to the child restraint manufacturer's instructions.
    (c) Move the child restraint rearward until it contacts the seat 
back.
    (d) Connect the lower anchor straps of the restraint to the lower 
anchor bars of the seat and remove the slack, but do not apply any load 
using these straps.
    (e) Use the loading device equipped with the loading foot shown in 
Figure A1 and position it as shown in Figure A2 of Appendix A of this 
standard. The 15  3 degree angle of the loading device 
illustrated in Figure A2 is determined with an initial preload of 75 
 25N.
    (f) In 90  30 seconds, increase the preload to 875N 
 10N.
    (g) Observe the settling of the preload and tighten the lower 
anchor straps when the preload is 850  5N. Tighten the 
lower anchor straps at the same time such that the load is reduced 15 
 10N and the change occurs within 2 seconds.
    (h) Remove the loading device and position the 49 CFR part 572 
subpart R 12-month-old CRABI dummy in the child restraint by following, 
to the extent possible, the manufacturer's instructions provided with 
the child restraint for seating infants.
    (i) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
    S20.2.1.6.2 If the mechanism provided by the manufacturer does not 
incorporate a strap(s), use the following procedure:
    (a) Place the child restraint on the vehicle seat facing rearward 
or forward, depending on the orientation being tested, with Plane A of 
the child restraint aligned within  10 mm with a 
longitudinal vertical plane passing though a point midway between the 
centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Connect the lower anchor attachments to the lower anchor bars 
following, to the extent possible, the child restraint manufacturer's 
instructions.
    (e) Move the child restraint rearward until it contacts the seat 
back.
    (f) If the child restraint does not use a linear sliding or 
ratcheting mechanism that requires the application of force to securely 
install the child restraint, follow, to the extent possible, the CRS 
manufacturer's instructions for installing the child restraint onto the 
seat. Do not load the seat as provided in S20.2.1.6.2(g).
    (g) If the child restraint uses a linear sliding or ratcheting 
mechanism that requires the application of force to securely install 
the child restraint, in 25  5 seconds, apply a 600N force, 
that has no lateral component, in a plane located within +/- 100 mm and 
parallel with the plane formed by the linear mechanism. The force shall 
be in

[[Page 28884]]

the same direction as the motion of the mechanism. Release the force.
    (h) Position the 49 CFR part 572 subpart R 12-month-old CRABI dummy 
in the child restraint by following, to the extent possible, the 
manufacturer's instructions provided with the child restraint for 
seating infants.
    (i) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and close all 
vehicle doors. Wait 10 seconds, then check whether the air bag is 
deactivated.
* * * * *
    S20.4.6 If the child restraint is certified to S5.9 of 
Sec. 571.213, and the vehicle seat has an anchorage system as specified 
in Sec. 571.225, attach the child restraint to the vehicle seat 
anchorage as specified in S20.2.1.6. Do not attach the vehicle safety 
belt.
* * * * *
    22.2.1 Belted test with forward facing or booster seat child 
restraint.
* * * * *
    S22.2.1.4 The vehicle shall comply with the child restraint belted 
to the vehicle in the following manner:
    (a) Using the vehicle safety belts as specified in S22.2.1.5 with 
section C and section D child restraints of Appendix A of this standard 
designed to be secured to the vehicle seat even when empty; and
    (b) If the child restraint is certified to S5.9 of Sec. 571.213, 
and the vehicle seat has an anchorage system as specified in 
Sec. 571.225, using only the mechanism provide by the child restraint 
manufacturer for attachment to the lower anchorage as specified in 
S22.2.1.6.
    S22.2.1.5 Installation with vehicle safety belts.
    (a) Place any adjustable seat belt anchorages at the vehicle 
manufacturer's nominal design position for a 50th percentile adult male 
occupant.
    (b) Without attaching the child restraint anchorage system as 
specified in S5.9 of Sec. 571.213 to a vehicle seat anchorage system 
specified in Sec. 571.225, align the child restraint system facing 
forward, such that Plane A is aligned with Plane B.
    (c) While maintaining the child restraint positions achieved in 
S22.2.1.5(b), secure the child restraint by following, to the extent 
possible, the child restraint manufacturer's directions regarding 
proper installation of the restraint. Cinch the vehicle belts to any 
tension from zero up to 134 N to secure the child restraint. Measure 
belt tension in a flat, straight section of the lap belt between the 
child restraint belt path and the contact point with the belt anchor or 
vehicle seat, on the side away from the buckle (to avoid interference 
from the shoulder portion of the belt).
    S22.2.1.6 Installation using the lower anchor bars and the child 
restraint manufacturer provided attachment mechanism.
    S22.2.1.6.1 If the mechanism provided by the manufacturer 
incorporates a strap(s), use the following procedure.
    (a) Place the child restraint on the vehicle seat facing forward, 
with Plane A of the child restraint aligned within  10 mm 
with a longitudinal vertical plane passing though a point midway 
between the centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Move the child restraint rearward until it contacts the seat 
back.
    (d) Connect the lower anchor straps to the lower anchor bars and 
remove most of the slack, but do not apply any load using these straps.
    (e) Do not attach any tethers.
    (f) Use the loading device equipped with the loading foot shown in 
Figure A1 and position it as shown in Figure A2 of Appendix A of this 
standard. The 15  3 degree angle of the loading device is 
determined with an initial preload of 50 to 100 N.
    (g) In 90  30 seconds, increase the preload to 875N 
 10N.
    (h) Observe the settling of the preload and tighten the lower 
anchor straps when the preload is 850  5N. Tighten the 
lower anchor straps at the same time such that the load is reduced 15 
 10N and the change occurs within 2 seconds.
    (i) Remove the loading device.
    S22.2.1.6.2 If the mechanism provided by the manufacturer does not 
incorporate a strap(s), use the following procedure.
    (a) Place the child restraint on the vehicle seat facing forward 
with Plane A of the child restraint aligned within  10 mm 
with a longitudinal vertical plane passing though a point midway 
between the centers of the two lower anchor bars.
    (b) Position any adjustments on the child restraint, to the extent 
possible, according to the child restraint manufacturer's instructions.
    (c) Connect the lower anchor attachments to the lower anchor bars 
following, to the extent possible, the child restraint manufacturer's 
instructions.
    (d) Move the child restraint rearward until it contacts the seat 
back.
    (e) Do not attach any tethers.
    (f) If the child restraint does not use a linear sliding or 
ratcheting mechanism that requires the application of force to securely 
install the child restraint, follow, to the extent possible, the 
manufacturer's instructions for installing the child restraint onto the 
seat. Do not load the seat as provided in S20.2.1.6.2(f).
    (g) If the child restraint uses a linear sliding or ratcheting 
mechanism that requires the application of force to securely install 
the child restraint, in 25  5 seconds, apply a 600N force, 
that has no lateral component, in a parallel plane located within 
100 mm of the plane formed by the linear mechanism. Release 
the force.
    S22.2.1.7 Forward facing child restraint.
    S22.2.1.7.1 After installation of a forward facing child restraint, 
position the 49 CFR part 572 subpart P 3-year-old child dummy in the 
child restraint such that the dummy's lower torso is centered on the 
child restraint and the dummy's spine is against the seat back of the 
child restraint. Place the arms at the dummy's sides.
    S22.2.1.7.2 Attach all belts that come with the child restraint 
that are appropriate for a child of the same height and weight as the 
3-year-old child dummy, if any, by following, to the extent possible, 
the manufacturer's instructions provided with the child restraint for 
seating children.
    S22.2.1.7.3 Start the vehicle engine or place the ignition in the 
``on'' position, whichever will turn on the suppression system, and 
close all vehicle doors. Wait 10 seconds, then check whether the air 
bag is deactivated.
    S22.2.1.8 Booster seat child restraint.
    S22.2.1.8.1 After installation of a booster seat child restraint, 
position the 49 CFR part 572 subpart P 3-year-old child dummy in the 
booster seat such that the dummy's lower torso is centered on the 
booster seat cushion and the dummy's back is parallel to and in contact 
with the booster seat back or, if there is no booster seat back, the 
vehicle seat back. Place the arms at the dummy's sides.
    S22.2.1.8.2 If applicable, attach all belts that come with the 
child restraint that are appropriate for a child of the same height and 
weight as the 3-year-old child dummy, if any, by following, to the 
extent possible, the manufacturer's instructions provided with the 
child restraint for seating children.
    S22.2.1.8.3 If applicable, place the Type 2 manual belt around the 
test dummy and fasten the latch. Remove all slack from the lap belt 
portion. Pull the upper torso webbing out of the retractor and allow it 
to retract; repeat this four

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times. Apply a 9 to 18 N (2 to 4 lb) tension load to the lap belt. 
Allow the excess webbing in the upper torso belt to be retracted by the 
retractive force of the retractor.
    S22.2.1.8.4 Start the vehicle engine or place the ignition in the 
``on'' position, whichever will turn on the suppression system, and 
then close all vehicle doors. Wait 10 seconds, then check whether the 
air bag is deactivated.
* * * * *
    S24.2 Static tests of automatic suppression feature which shall 
result in deactivation of the passenger air bag. Each vehicle that is 
certified as complying with S23.2 of FMVSS No. 208 shall meet the 
following test requirements with the child restraint in the front 
outboard passenger vehicle seat under the following conditions:
    (a) Using the vehicle safety belts as specified in S22.2.1.5 with 
section D child restraints designed to be secured to the vehicle seat 
even when empty;
    (b) If the child restraint is certified to S5.9 of Sec. 571.213, 
and the vehicle seat has an anchorage system as specified in 
Sec. 571.225, using only the mechanism provide by the child restraint 
manufacturer for attachment to the lower anchorage as specified in 
S22.2.1.6; and
    (c) Without securing the child restraint with either the vehicle 
safety belts or any mechanism provided with a child restraint certified 
to S5.9 of Sec. 571.213.
* * * * *
    S24.2.2 Exceptions. The tests specified in the following paragraphs 
of S22.2 need not be conducted: S22.2.1.7, S22.2.2.3, S22.2.2.5, 
S22.2.2.6, S22.2.2.7, and S22.2.2.8.
* * * * *

Appendix A to Sec.  571.208

* * * * *
    C. Any of the following forward facing toddler and forward-facing 
convertible child restraint systems, manufactured on or after December 
1, 1999, may be used by the National Highway Traffic Safety 
Administration to test the suppression system of a vehicle that is 
manufactured on or after the effective date and prior to the 
termination date specified in the table below and that has been 
certified as being in compliance with 49 CFR 571.208 S19, or S21. 
(Note: Any child restraint listed in this subpart that is not 
recommended for use in a rear-facing position by its manufacturer is 
excluded from use in testing in a belted rear-facing configuration 
under S20.2.1.1(a)):
* * * * *
BILLING CODE 4910-59-P

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    Issued on May 10, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-9924 Filed 5-18-05; 8:45 am]
BILLING CODE 4910-59-C