Federal Motor Vehicle Safety Standards; Child Restraint Systems; Child Restraint Systems Recordkeeping Requirements, 53569-53579 [05-17844]
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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state negative declaration,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
Air Act. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing section 111(d)/129
negative declaration submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a section 111(d)/129
negative declaration related submission
for failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a 111(d)/129 plan
related submission, to use VCS in place
of a negative declaration that otherwise
satisfies the provisions of the Clean Air
Act. Thus, the requirements of section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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DEPARTMENT OF TRANSPORTATION
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 8,
2005. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action, approving the
MDE’s negative declaration for CISWI
units, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
National Highway Traffic Safety
Administration
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental
relations, Paper and paper products
industry, Phosphate, Reporting and
recordkeeping requirements, Sulfur
oxides, Sulfur acid plants, Waste
treatment and disposal.
Dated: September 1, 2005.
Richard J. Kampf,
Acting Regional Administrator, Region III.
I
40 CFR part 62 is amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. A new center heading, after
§ 62.5122, consisting of § 62.5127 is
added to read as follows:
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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C. Petitions for Judicial Review
I
B. Submission to Congress and the
Comptroller General
53569
Emissions From Existing Commercial
and Industrial Solid Waste Incinerator
(CISWI) Units—Negative Declaration
§ 62.5127 Identification of plan—Negative
Declaration
May 12, 2005 Maryland Department
of the Environment letter certifying that
existing CISWI units, subject to 40 CFR
part 60, subpart DDDD, have been
permanently shut down and have been
dismantled in the state.
[FR Doc. 05–17929 Filed 9–8–05; 8:45 am]
BILLING CODE 6560–50–P
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49 CFR Parts 571 and 588
[Docket No. NHTSA–2005–22324]
RIN 2127–AI95
Federal Motor Vehicle Safety
Standards; Child Restraint Systems;
Child Restraint Systems
Recordkeeping Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends
Federal Motor Vehicle Safety Standard
No. 213, ‘‘Child restraint systems,’’ to
permit information regarding online
product registration to be included on
the owner registration form required
under the standard. This amendment
enhances the opportunity of restraint
owners to register their restraints online,
which may increase registration rates
and the effectiveness of recall
campaigns. The final rule also better
enables manufacturers to supplement
(but not replace) recall notification via
first-class mail with e-mail notification,
which increases the likelihood that
owners learn of a recall. The agency is
also requiring that the telephone
number required on child restraint
labels for the purpose of enabling
consumers to register by telephone be a
U.S. number.
DATES: This final rule is effective
November 8, 2005.
Petitions: Petitions for reconsideration
must be received by October 24, 2005
and should refer to this docket and the
notice number of this document and be
submitted to: Administrator, National
Highway Traffic Safety Administration,
400 Seventh St., SW., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: The
following persons at the National
Highway Traffic Safety Administration:
For non-legal issues: Mr. Tewabe
Asebe of the NHTSA Office of
Rulemaking at (202) 366–2365.
For legal issues: Mr. Christopher
Calamita of the NHTSA Office of Chief
Counsel at (202) 366–2992.
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:
Table of Contents
I. Background
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II. Final Rule
a. Changes to the Current Registration Card
1. Providing Manufacturer’s Internet
Address
2. Collecting E-mail Addresses
A. Space on the Card for Consumers’ Email Addresses
B. Consequences of Having the Information
C. Use of Consumer Information
b. The Electronic Registration Form (eform)
c. Registration by Telephone
d. Child Restraint Label and Printed
Instructions
III. New NHTSA Hotline Number
IV. Rulemaking Analyses and Notices
I. Background
FMVSS No. 213
Federal Motor Vehicle Safety
Standard (FMVSS) No. 213, Child
restraint systems (49 CFR 571.213),
establishes an owner registration
program for child restraint systems.
NHTSA implemented the program to
improve the effectiveness of
manufacturer campaigns to recall child
restraint systems that contain a safetyrelated defect or that fail to conform to
FMVSS No. 213. By increasing the
number of identified child restraint
owners, the program increases the
manufacturers’ ability to inform owners
of restraints about defects or
noncompliances in those restraints.
Under the standard, child restraint
manufacturers are required to provide a
registration form attached to each child
restraint (S5.8). The registration form
must conform in size, content and
format to forms depicted in the standard
(figures 9a and 9b). Each form must
include a detachable postage-paid
addressed postcard that provides a
space for the consumer to record his or
her name and address, and must be
preprinted with the restraint’s model
name or number and its date of
manufacture. Except for information
that distinguishes a particular restraint
from other systems, no other
information is permitted to appear on
the postcard. Child restraint
manufacturers have not been prohibited
from using the internet in their owner
registration programs. However,
wording about registering online was
not permitted on the card.
Child restraint manufacturers are also
required to supply a telephone number
on child restraint system labels to
enable owners (particularly secondhand owners) to register over the
telephone.
NHTSA requires manufacturers to
keep a record of registered owner
information along with the relevant
child restraint system information
(restraint model, serial number, and
manufactured dates) for not less than six
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years from the date of manufacture of
the child restraint system (49 CFR part
588, Child restraint systems
recordkeeping requirements).
In the event of a recall, manufacturers
must send notification by first-class
mail to the registered child restraint
owners. (Public notice of the recall can
be also required.) Prior to the
registration requirement 1, an estimated
3 percent of consumers registered their
child restraints. Currently, according to
data from NHTSA’s Office of Defects
Investigation, the registration rate is at
27 percent.
Notice of Proposed Rulemaking (NPRM)
In an effort to increase the registration
rate and in response to the public’s
increasing access to the Internet 2, the
agency proposed to permit child
restraint manufacturers to include
information regarding online
registration of a child restraint on the
registration card required under S5.8 of
FMVSS No. 213 (69 FR 32954; June 14,
2004). NHTSA believed that the rapid
growth of the Internet and of Internet
access provided an opportunity to
improve the child restraint registration
rate, which in turn could improve the
effectiveness of child restraint recall
campaigns. To facilitate the registration
of owners who seek to register by
telephone, the NPRM also proposed to
require that the telephone number that
manufacturers must provide on child
restraint labels be a U.S. number.
Comments
In response to the NPRM, the agency
received comments from National Safe
Kids Campaign (Safe Kids); American
Academy of Pediatrics; Advocates for
Highway and Auto Safety (Advocates),
child restraint manufacturers Evenflo
Company, Inc. (Evenflo) and Graco;
American Automobile Association
(AAA); and Locker Greenberg & Brainin,
P.C., representing the Juvenile Products
Manufacturers Association (JPMA). All
of the commenters were generally
supportive of the proposed amendments
to FMVSS No. 213. Commenters
representing child restraint
manufacturers generally requested that
additional flexibility be provided in the
method of recall notification, while
consumer groups stressed that the first
class mail requirement be maintained.
Consumer groups also commented that
1 The final rule establishing the registration
requirement was published September 10, 1992 and
became effective March 9, 1993. (57 FR 41428).
2 The September 2001 U.S. Census Bureau report,
Home Computer and Internet Use in the United
States: August 2000, revealed that forty-two percent
of all households had at least one household
member who used the Internet at home in 2000.
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any revision include a requirement for
child restraint manufacturers to
maintain the privacy of customer
information. Commenters also provided
several alternative suggestions for the
format of the paper registration card and
the online registration form.
II. Final Rule
This final rule adopts the proposals of
the June 2004 notice, with minor
changes. We are amending FMVSS No.
213 to permit child restraint
manufacturers the option of including
specified wording in the child restraint
paper registration card to provide for
online registration of child restraints.
The minor changes relate to where on
the form certain information must be
provided, and to the information
required to be in the child restraint
owners manual. Today’s rule also
requires that manufacturers provide a
U.S. phone number for purposes of
facilitating registration by telephone.
Today’s rule does not amend the
notification requirements, i.e.,
manufacturers must still provide recall
notification via first-class mail. A
manufacturer may choose to
supplement this notification via an email message, but it is not required to
do so.
The purpose of the rulemaking is to
facilitate registration of child restraints,
to increase registration rates. For those
child restraint owners with access to the
Internet, online registration may be a
preferred method of registering a child
restraint. Providing for another means of
registration may increase registration
rates, which may increase the number of
owners learning of a recall and
responding to it. A related purpose of
this rule is to improve how consumers
currently register. As stated by Evenflo,
Graco, and the JPMA in their comments
to the NPRM, permitting manufacturers
the option of including electronic
registration information on the paper
registration card will help minimize
errors and omissions in consumer
information that now occur as a result
of transcribing information submitted
on paper cards, difficulty in reading
consumers’ handwriting, or cards
damaged in the mail. In addition, this
final rule also enhances manufacturers’
abilities to notify owners of a safety
recall. Manufacturers may supplement
recall notification via first-class mail
with voluntary e-mail notification.
NHTSA is not mandating online
registration because such a requirement
would implicitly require manufacturers
to have and maintain an Internet
registration system. While over forty
percent of U.S. households had Internet
access in 2000, a majority did not.
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Further, it is uncertain how many
households in that forty percent had
consistent access to the Internet. At
present, Internet access is not so
prevalent as to justify mandating
electronic registration.
a. Changes to the Current Registration
Card
Under today’s final rule, a
manufacturer is permitted to add to the
registration card attached to the child
restraint (referred to in this preamble as
the ‘‘the paper registration card’’): (a)
Specified statements informing child
restraint owners that they may register
online; (b) the Internet address for
registering with the company; (c)
specified statements reflecting use of the
Internet to register; and (d) a space for
the consumer’s e-mail address.
This final rule provides
manufacturers the option of including
electronic registration information on
the paper registration card. However, if
a manufacturer does provide such
information, the information must be
provided as prescribed in today’s final
rule. The reason for this requirement is
to ensure that the paper registration card
continues to be standardized in size,
content, and format, so that it is easy to
read and clutter-free.
1. Providing Manufacturer’s Internet
Address
To prevent the consumer from having
to search for an electronic registration
form (referred to in this document as the
‘‘e-form’’) on a manufacturer’s Web site,
we proposed that manufacturers that
choose to provide electronic registration
information on the paper registration
card must provide an Internet address
that directly links to the e-form. We
stated that this would likely increase the
ease and convenience of registering. We
also proposed that this Internet address
should be placed on the mail-in portion
of the paper registration card.
In its comments, Safe Kids suggested
that the required location for a
manufacturer’s Internet address should
be the portion of the paper registration
card that is kept by the consumer. It
stated that this would allow a child
restraint owner to register online even
after the paper registration card was
mailed and may facilitate the
registration of subsequent owners, if this
portion of the card were transferred
with the child restraint.
We agree with Safe Kids that the
Internet registration address should be
placed on the portion of the paper card
retained by the owner. This will provide
the consumer a quick reference for
locating the electronic registration site.
Therefore, under today’s final rule, the
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required location for the Internet
address is placed on the portion of the
paper registration card maintained by
the consumer.
Graco recommended that language be
included on the paper registration card
to indicate that the customer should
have the card available when he or she
registers online and that the card
includes information on the model
number, serial number, and the date of
manufacture, i.e., information that
would be required to register the
restraint.
We do not agree to this request. The
information required to be provided on
the paper registration card is
intentionally very limited and
standardized to provide only the most
critical information necessary to the
consumer. Providing the information
suggested by Graco would potentially
clutter the card and overload the reader.
Further, as explained later in this
preamble, we have made provisions to
include this information on the e-form.
If a consumer attempts to register online
and does not have the paper registration
card at hand, then he or she will be
directed to locate the necessary
information by either locating the card,
or by getting the information from the
label on the child restraint. As such, we
are not requiring any additional
language for the paper registration card.
2. Collecting E-mail Addresses
A. Space on the Card for Consumers’ Email Addresses
The agency proposed to permit
manufacturers to include a space on the
paper registration card for a customer’s
e-mail address. This was consistent with
an agency October 2002 report on the
registration program, which stated that:
‘‘Adding a space for an e-mail address
on the registration form could make
initial recall notification faster. It could
also be helpful in locating seat owners
that have changed residence but
retained their e-mail address.’’ 3 Under
the proposal, if a manufacturer were to
collect e-mail addresses, it would be
required to maintain a record of all
collected e-mail addresses for a period
of 6 years, just as with the other
registration information.
We are adopting this provision as
proposed. Under today’s final rule,
manufacturers are permitted to provide
a space for a child restraint owner’s email address. This space must specify
that providing an e-mail address is not
required. By permitting the collection of
e-mail addresses on the child restraint
3 ‘‘Evaluation of Child Safety Seat Registration,’’
DOT HS 809 518, NHTSA Technical Report
(October 2002).
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53571
registration form, manufacturers would
have the ability to provide e-mail
notification of a recall in conjunction
with the mandatory first-class mail
notification. Providing an additional
method of notifying child restraint
owners of a recall would increase the
likelihood of a recalled child restraint
being remedied.
B. Consequences of Having the
Information
In the proposal, we requested
comment on whether a manufacturer
that has voluntarily collected a
customer’s e-mail address should be
required to provide a recall notification
via e-mail, as well as via first-class mail.
We noted that use of customer e-mail
addresses could also make initial recall
notification faster. Conversely, firstclass mail notification can take up to
several days to reach the intended
customer, and even longer if the letter
must be forwarded to a new address.
Further, a child restraint owner may
maintain the same e-mail address even
after moving to a new street address,
resulting in an e-mail notification
reaching the owner even if mail
forwarding has been discontinued.
Commenters generally recognized the
potential benefits of e-mail notification,
but raised a variety of concerns. Safe
Kids, Advocates and AAA
recommended that manufacturers be
provided the option of supplementing
first-class mail notification with an email message. Advocates noted that
computer e-mail users may change
services, and thus their e-mail
addresses, while remaining at the same
street address. Safe Kids noted that with
the sizable amount of junk e-mails that
most people receive, there is the
potential for electronic notifications to
go unread or be deleted. Evenflo further
noted that mass corrective action emailings may be blocked by filtering
software as unsolicited e-mails. Evenflo
was also concerned that unassociated
advertising e-mails, or ‘‘spoof’’ e-mails
may be formatted to appear as legitimate
consumer contacts from a child restraint
manufacturer.
Both Evenflo and the JPMA expressed
concern that the development of State or
Federal ‘‘anti-spam’’ legislation may
complicate mass consumer e-mail
contacts, even for legitimate purposes
such as a recall notification. JPMA and
Graco commented that customers
should be provided the option of
choosing the method of contact, i.e.,
first-class mail or electronic notification.
The requirement for notification of a
defect or noncompliance via first class
mail is prescribed by statute (49 U.S.C.
30119(d)). That requirement to provide
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notification by first class mail is
unchanged by today’s final rule. With
regard to e-mail notification, we
recognize the potential difficulties
raised by commenters. Therefore, we are
not generally requiring manufacturers to
send electronic notification of a defect
or noncompliance if manufacturers
collect consumer e-mail addresses.
However, manufacturers are not
prohibited from using electronic
notification as a supplement to
notification by first class mail.
(Additionally, the agency could compel
electronic notification as a supplement
if the traditional means of notifying the
public of a recall (first class mail, public
notices) are insufficient.4 This
determination would be made on a caseby-case basis.) As e-mail services evolve
and develop, we may further assess at
a future date the merits of electronic
notification.
C. Use of Consumer Information
In the notice of proposed rulemaking,
we stated that we would expect that
manufacturers would not use any
registration information, including
e-mail addresses, for commercial
purposes. We noted that in developing
the original registration requirements,
focus groups reacted favorably to the
idea of being assured by the
manufacturer that information retained
in these records would not be used for
commercial mailing lists. We expected
that the public would respond similarly
to assurances that a registered e-mail
address would not result in unsolicited
e-mails.
Safe Kids, Advocates, and AAA
commented that safeguards against
commercial use of registration
information should be mandated. Safe
Kids requested that the agency require
registration materials to contain
language stating that information would
not be used for commercial purposes.
Advocates raised the possibility of
instituting penalties for violations of
such a requirement.
Graco, Evenflo, and the JPMA all
supported restricted use of a consumer’s
e-mail address obtained through child
restraint registration. Graco and Evenflo
suggested that manufacturers be
permitted to have a field on the e-form
that would provide consumers the
option of receiving product information.
4 Under 49 U.S.C. 30119(d)(2), the agency can
require a manufacturer of equipment to provide
public notice to effectuate the recall of a defective
or noncompliant product. In the past, child restraint
manufacturers have provided notice through a
variety of means including, but not limited to,
retailers, child safety centers, pediatricians, and the
media.
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As stated in the preamble of the
proposed rulemaking, NHTSA expects
that manufacturers will respect owners’
preferences that this information, along
with other registration information, will
be kept separate from other customer
lists. To date, we have not received
complaints from consumers that would
indicate manufacturers were doing
otherwise. Accordingly, at this time we
do not see the need to change the status
quo by instituting the safeguards
suggested by Safe Kids and Advocates.
Nonetheless, while manufacturers
may provide avenues for customers to
receive additional product information,
manufacturers must provide this
separate from the registration process.
That is, whether that process be via the
paper registration card, telephone
registration, or electronic registration,
those processes must be absent any
solicitation of the consumer for
commercial purposes. As stated above,
the information required to be provided
to customers for purposes of registration
is intentionally very limited and
standardized to provide only the most
critical information necessary to the
consumer. This conveys the importance
of registration in a clear manner.
b. The Electronic Registration Form
(E-form)
To increase the likelihood that owners
will find electronic registration userfriendly, we proposed a standardized
appearance of the online registration
form (e-form) presented to the
consumer. That is, similar to the
standardized mail-in registration form,5
the only fields that would be permitted
on an e-form would be those for: (a) The
owner’s name and address; (b) the
restraint model and serial number; (c)
date of manufacture of the child
restraint; and (d) at the manufacturer’s
option, the owner’s e-mail address.
Under the proposal, the e-form would
be required to contain relevant portions
of the standardized warnings and other
information mandated for paper
registration forms. The only additional
information permitted on the e-form
would be information identifying the
manufacturer and a link to the
manufacturer’s Web site home page. We
requested comment on whether some
additional information should be
permitted or required on the form, e.g.,
instructions to the consumer as to where
the restraint’s model name and number
can be found.
5 In developing the mail-in registration form, the
agency found that focus groups ‘‘widely and
enthusiastically accepted the text and format of the
parts of the form that did not vary among the
proposed options.’’ 57 FR 414321.
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Commenters were generally
supportive of the format of the e-form
proposed by the agency. The
manufacturers requested that a prompt
be permitted to notify an owner if the
e-form was not filled out completely.
The prompt would be generated upon
clicking a ‘‘confirm’’ or ‘‘submit’’ field,
which could be located next to the
manufacturer’s logo or link to the
manufacturer’s homepage. Graco and
Evenflo also recommended that the
e-form inform consumers what child
restraint specific information is required
to properly fill out the form and where
that information can be located.
We are adopting the proposed e-form
format requirements, with a few changes
suggested by the commenters and with
other minor additions. We are
permitting manufacturers to use a
prompt to indicate that a form has not
been fully completed. We note however,
that as with the paper registration card,
the e-form must indicate that inclusion
of a consumer’s e-mail address may be
provided at the consumer’s option.
Further, manufacturers are prevented
from having additional screens or
advertisement banners appear as a result
of a child restraint owner accessing the
Web page that contains the e-form (e.g.,
‘‘pop-up advertisements’’ are
prohibited). By preventing additional
information or advertising from
appearing on the registration page or as
a result of accessing the e-form, the
benefits of a standardized registration
form are maintained, helping to improve
the rate of registration.
The JPMA requested that a statement
be included on the electronic
registration form informing readers that
the registration is not applicable to
consumers outside the U.S. The JPMA
expressed concerns with potential
conflicts with the laws of non-U.S.
jurisdictions and child restraints
purchased outside of the U.S.
We concur with the suggested change.
Paper registration cards now
accompanying child restraints do not
need such language because only child
restraints manufactured for sale in the
U.S. are required to have registration
cards. In contrast, an electronic
registration form available on a
manufacturer’s Web site may be
accessed anywhere in the world.
Persons purchasing a child restraint
outside of the U.S. may not know that
the FMVSS No. 213 registration program
is limited to the U.S. Therefore, we have
included a statement on the electronic
registration form that clarifies its
applicability to child restraints
purchased in the U.S.
Advocates requested that the agency
require that the electronic registration
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information be encrypted. Advocates
stated that encrypting the data would
protect the information from being
accessed by third parties.
We are not including an ‘‘encryption’’
requirement for electronic registration.
The registration form does not entail the
submission of financial information or
other identifiers such as a Social
Security number. The information
provided is the same information that
commonly can be obtained through a
telephone directory. Further, because
technology changes at such a rapid
pace, any level of encryption required
by the agency would likely become
obsolete in a short time frame.
Manufacturers’ means of securing the
information they now receive from
consumers should be adequate to
protect the registration information they
will receive through the electronic
registration program.
c. Registration by Telephone
When the agency established the
current child restraint registration
program (requiring the paper
registration card), we also established a
requirement for child restraint
manufacturers to label each child
restraint with a telephone number that
consumers could use to register their
restraints as an alternative to the mailin form. A phone number was
particularly important for persons
owning secondhand restraints, since the
original registration card would likely
be missing from such restraints.
The NPRM proposed that the
telephone number must be a U.S.
number.6 No opposing comments were
received on this issue. This final rule
adopts the proposed restriction. While
we are unaware of any manufacturer
currently providing a non-U.S.
telephone number, this rule will ensure
that a non-U.S. number is not provided
in the future. A non-U.S. telephone
number would present a high cost to a
child restraint owner seeking to register
a child restraint and would be a
disincentive for consumers, particularly
second-hand owners, to register.
d. Child Restraint Label and Printed
Instructions
The NPRM would have permitted the
printed instructions accompanying a
restraint to include a discussion on
registering via the Internet, but would
not have required the Web site address
be included in the instructions even if
a manufacturer opted to include a Web
site on the paper registration card. In its
6 This amendment arose out of a concern about
the potential use of non-U.S. phone numbers for
registration purposes. https://www.nhtsa/dot.gov/
cars/rules/interps/files/002775cmc_phoneno.html.
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comments, Safe Kids suggested that
Internet registration information be
include in the instruction manual. We
agree with Safe Kids that including the
Internet address in the printed
instructions may facilitate registration
by owners’ who have misplaced the
paper registration card, who have
changed address, or by subsequent
owners. Therefore, under today’s final
rule, if a manufacturer opts to include
an Internet address on the paper
registration card, it must also include
the Internet address in the printed
instructions.
In their comments, the JPMA and
Evenflo recommended that the agency
include language on the child restraint
label and in the instruction manual
directed specifically at second-hand
owners and owners who have moved
since registering their child restraint.
The suggested language stated: ‘‘If you
have moved or are not the original
purchaser of this child restraint, please
contact (manufacturer) to register this
restraint.’’
We are not adopting such a
requirement. Child restraint labels
already require general language on the
importance of product registration
(‘‘Register your child restraint with the
manufacturer,’’ see e.g., S5.5.2(g)(iv)).
Space on the labels is limited, and in
order to maintain the effectiveness of
the information contained on the labels,
we need to limit the required
information. Also, the requested
information is already provided in
instruction manuals. The manuals are
required to provide information on the
importance of registration (‘‘You must
register this restraint to be reached in a
recall,’’ S5.6.1.7), and, under today’s
final rule, if a manufacturer opts to
include an Internet address on the paper
registration card, it must also include
the Internet address in the printed
instructions. Manufacturers are not
prohibited from supplementing the
information with a statement as
suggested by the commenters.
III. New NHTSA Hotline Number
Child restraint manufacturers are
required to provide the telephone
number for the U.S. Government’s
(NHTSA’s) Auto Safety Hotline on both
child restraint labels and the
accompanying printed instructions. (See
FMVSS No. 213, S5.5.1(m), S5.5.5(k),
S5.6.1.7, S5.6.2.2.) The Auto Safety
Hotline provides child restraint owners
with information on product recalls.
Until recently, FMVSS No. 213
required two phone numbers; a toll-free
number and a number for the District of
Columbia area. The separate phone
number for the District of Columbia area
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is no longer needed, as the toll-free
number now functions for the entire
U.S. Accordingly, child restraint labels
and instructions only need refer to the
toll-free number. Thus, on June 21,
2005, the agency published a technical
amendment that replaced the required
telephone number in FMVSS No. 213
with 1–888–327–4236 (70 FR 35556;
Docket No. NHTSA–2005–21564). The
technical amendment is effective June
21, 2006. Early compliance is permitted.
IV. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
NHTSA has considered the impact of
this rule under Executive Order 12866
and the Department of Transportation’s
regulatory policies and procedures. This
rulemaking document was not reviewed
under E.O. 12866, ‘‘Regulatory Planning
and Review.’’ This action has been
determined to be ‘‘nonsignificant’’
under the Department of
Transportation’s regulatory policies and
procedures. We do not anticipate this
final rule to result in any costs for child
restraint system manufacturers. The
final rule does not establish any new
requirements for manufacturers of child
restraint systems unless a manufacturer
voluntarily chooses to collect e-mail
addresses or provide an Internet address
for electronic registration on the child
restraint registration card. If a
manufacturer voluntarily collects
customer e-mail addresses and provides
for electronic registration of restraints,
the anticipated costs for the
recordkeeping requirements are
minimal.
Many child restraint system
manufacturers already provide an
electronic product registration service
and by encouraging electronic
registration, manufacturers could reduce
the number of postage-paid registration
cards returned, thereby reducing
postage fees for the manufacturer.7
Manufacturers that collect customer
e-mail addresses could incorporate this
information into the registration records
currently maintained. Also, child
restraint system owner information
submitted online would be in electronic
format, minimizing the data entry
burden required to record owner
information and reduce recordkeeping
costs.
While the use of online resources for
child restraint system registration has
the potential for increased child
restraint registration and enhanced
recall notification, we are not requiring
7 A manufacturer is not charged a fee by the post
office for a postage pre-paid postcard until the card
is actually sent through the mail.
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manufacturers to have a means by
which consumers can register their
restraint via the Internet. We want to
avoid imposing potentially prohibitive
costs on manufacturers not currently
equipped to incorporate Internet
resources into child restraint system
registration. Manufacturers not
currently situated for Internet
registration would have the cost of
developing an Internet system to
process registrations as well as the costs
associated with revising the mandated
registration forms and modifying
recordkeeping procedures. If and when
Internet and e-mail access becomes
more universal, the benefit of
mandatory Internet registration
provisions can be evaluated.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency is required
to publish a notice of rulemaking for
any proposed or final rule, it must
prepare and make available for public
comment a regulatory flexibility
analysis that describes the effect of the
rule on small entities (i.e., small
businesses, small organizations, and
small governmental jurisdictions). The
Small Business Administration’s
regulations at 13 CFR part 121 define a
small business, in part, as a business
entity ‘‘which operates primarily within
the United States.’’ (13 CFR 121.105(a)).
No regulatory flexibility analysis is
required if the head of an agency
certifies the rule will not have a
significant economic impact on a
substantial number of small entities.
I certify that this final rule does not
have a significant economic 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)).
The final rule directly affects child
restraint manufacturers. According to
the Small Business Administration’s
small business size standards (see 5 CFR
121.201), a child restraint manufacturer
(NAICS code 336360, Motor Vehicle
Seating and Interior Trim Manufacturer)
must have 500 or fewer employees to
qualify as a small business. Most if not
all of the affected manufacturers are
small businesses under this definition.
However, the final rule does not impose
any new requirements on manufacturers
that produce child restraint systems.
The final rule provides flexibility in
child restraint system registration by
allowing manufacturers to promote
electronic registration. Given the final
rule does not impose any new
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requirements, a regulatory flexibility
analysis was not prepared.
C. Paperwork Reduction Act
Under the 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. The final
rule reconfigures the information
collection and recordkeeping
requirements of FMVS No. 213 and 49
CFR part 588, which have been
approved under OMB No. 2127–0576.
The agency does not anticipate this
reconfiguration to increase the cost or
burden of the approved collection.
Agency: National Highway Traffic
Safety Administration (NHTSA).
Title: Voluntary Child Safety
Registration Form.
Type of Request: Reconfiguration of
existing collection.
OMB Clearance Number: 2127–0576.
Form Number: None.
Summary of the Collection of
Information: Under the final rule in this
document, if a child restraint
manufacturer voluntarily collects an
e-mail address as part of the child
restraint registration, then the
manufacturer is required to maintain a
record of that information. The
recordkeeping format and retention
requirements for child restraint owner
e-mail addresses are identical to the
format and retention requirements
mandated for owner registration under
49 CFR part 588. The final rule also
requires that if a manufacturer
voluntarily provides for electronic
registration, then the manufacturer is
required to use a standardized format
similar to the format currently required
for the postage-paid registration form.
The final rule does not mandate the
collection of e-mail addresses or the use
of electronic registration.
Description of the Need for the
Information and Use of the Information:
Public access and use of the Internet has
increased exponentially since its
inception. The proposed rule would
permit manufacturers to take advantage
of this growth in technology and use
electronic registration as a supplement
to registration by mail. This provides
child restraint system owners with an
additional option for registering a child
restraint system and potentially
increases the number of child restraint
systems registered. By increasing the
number of identified child restraint
purchasers, the program increases the
manufacturers’ ability to inform owners
of restraints about defects or
noncompliances in those restraints.
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Description of the Likely Respondents
(Including Estimated Number, and
Proposed Frequency of Response to the
Collection of Information): NHTSA
estimates that twenty-three child
restraint manufacturers are subject to
the reconfigured collection
requirements. If a manufacturer
voluntarily collects a child restraint
system owner’s e-mail address as part of
the child restraint registration, then the
manufacturer is required to record and
maintain that e-mail address along with
the registration information currently
recorded and maintained. If a child
restraint manufacturer provides for
electronic registration, the electronic
registration form is required to be in a
format similar to the format for the
postage-paid form.
Estimate of the Total Annual
Reporting and Recordkeeping Burden
Resulting From the Collection of
Information: NHTSA does not anticipate
a significant change to the hour burden
or costs associated with child restraint
registration. By allowing manufacturers
the ability to promote online
registration, we anticipate a reduction in
the collection and recordkeeping
burden. Internet registration reduces a
manufacturer’s postage costs by
reducing the number of postage-paid
registration cards sent through the mail.
Registration information collected on
the Internet is in an electronic form,
which can be transferred more easily
and stored than paper registration cards.
Registration information received in
electronic form reduces the data entry
burden of child restraint system
manufacturers. This reduction in
burden offsets any burden created by
the e-mail recordkeeping requirement
and the standardized Internet
registration form.
Manufacturers commented that by
permitting electronic registration, data
will be provided in a more usable
format and as well as improve the
accuracy of the data. Manufacturers did
not provide additional comment
regarding the collection of information
requirements or the associated
recordkeeping burden.
D. National Environmental Policy Act
NHTSA has analyzed this rule for the
purposes of the National Environmental
Policy Act and determined that it will
not have any significant impact on the
quality of the human environment. The
subject of this rule is the labeling and
registration information requirements of
child restraint systems.
E. Executive Order 13132 (Federalism)
Executive Order 13132 requires
NHTSA to develop an accountable
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process to ensure ‘‘meaningful and
timely input by State and local officials
in the development of regulatory
policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ Under
Executive Order 13132, the agency may
not issue a regulation with federalism
implications, that imposes substantial
direct costs, and that is not required by
statute, unless the Federal government
provides the funds necessary to pay the
direct compliance costs incurred by
State and local governments, or the
agency consults with State and local
officials early in the process of
developing the proposed regulation.
NHTSA may also not issue a regulation
with federalism implications and that
preempts State law unless the agency
consults with State and local officials
early in the process of developing the
proposed regulation.
The agency has analyzed this
rulemaking action in accordance with
the principles and criteria contained in
Executive Order 13132 and has
determined that it does not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The rule will have no substantial effects
on the States, or on the current FederalState relationship, or on the current
distribution of power and
responsibilities among the various local
officials.
F. Executive Order 12778 (Civil Justice
Reform)
This rule will not have any retroactive
effect. Under section 49 U.S.C. 30103,
whenever a Federal motor vehicle safety
standard is in effect, a State may not
adopt or maintain a safety standard
applicable to the same aspect of
performance which is not identical to
the Federal standard, except to the
extent that the State requirement
imposes a higher level of performance
and applies only to vehicles procured
for the State’s use. Section 49 U.S.C.
30161 sets forth a procedure for judicial
review of final rules establishing,
amending or revoking Federal motor
vehicle safety standards. That section
does not require submission of a
petition for reconsideration or other
administrative proceedings before
parties may file suit in court.
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G. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus
standards in regulatory activities unless
doing so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies, such as the
Society of Automotive Engineers (SAE).
The NTTAA directs us to provide
Congress, through OMB, explanations
when we decide not to use available and
applicable voluntary consensus
standards.
The agency searched for, but did not
find any voluntary consensus standards
relevant to this rule.
53575
I. Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
J. Privacy Act
Anyone is able to search the
electronic form of all submissions
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 https://dms.dot.gov.
H. Unfunded Mandates Reform Act
List of Subjects
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million in any one year
(adjusted for inflation with base year of
1995). Before promulgating a rule for
which a written statement is needed,
section 205 of the UMRA generally
requires NHTSA to identify and
consider a reasonable number of
regulatory alternatives and adopt the
least costly, most cost-effective, or least
burdensome alternative that achieves
the objectives of the rule. The
provisions of section 205 do not apply
when they are inconsistent with
applicable law. Moreover, section 205
allows NHTSA to adopt an alternative
other than the least costly, most costeffective, or least burdensome
alternative if the agency publishes with
the final rule an explanation why that
alternative was not adopted.
This final rule will not impose any
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. This rule will not result in costs
of $100 million or more to either State,
local, or tribal governments, in the
aggregate, or to the private sector. Thus,
this rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
49 CFR Part 571
Motor vehicle safety, Reporting and
recordkeeping requirements, Tires,
Incorporation by Reference.
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49 CFR Part 588
Motor vehicle safety, Reporting and
recordkeeping requirements.
I In consideration of the foregoing,
NHTSA is amending 49 CFR part 571 as
follows:
PART 571—FEDERAL MOTOR
VEHICLE SAFTEY STANDARDS
1. The authority citation for part 571
continues to read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.213 is amended to
revise paragraph (m) of S5.5.2,
paragraph (k) of S5.5.5, S5.6.1.7,
S5.6.2.2, S5.8, and Figures 9(a) and 9(b),
and
I
3. Section 571.213 is amended by
adding S5.8.1 and S5.8.2, to read as
follows:
I
§ 571.213
systems.
Standard No. 213; Child restraint
*
*
*
*
*
S5.5.2 * * *
(m) One of the following statements,
inserting an address and a U.S.
telephone number. If a manufacturer
opts to provide a Web site on the
registration card as permitted in Figure
9a of this section, the manufacturer
must include the statement in part (ii):
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(i) ‘‘Child restrains could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available [preceding four words is
optional] and the restraint’s model
number and manufacturing date to
(insert address) or call (insert a U.S.
telephone number). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
(ii) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available [preceding four words are
optional], and the restraint’s model
number and manufacturing date to
(insert address) or call (insert a U.S.
telephone number) or register online
(insert Web site for electronic
registration form). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
*
*
*
*
*
S5.5.5 * * *
(k) One of the following statements,
inserting an address and a U.S.
telephone number. If manufacturer opts
to provide a Web site on the registration
card as permitted in Figure 9a of this
section, the manufacturer must include
the statement in part (ii):
(i) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert a U.S.
telephone number). For recall
information, call the U.S. Government’s
Auto Safety Hotline an 1–800–424–
9393.’’
(ii) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert
telephone number) or register online at
(insert Web site for electronic
registration form). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
*
*
*
*
*
S5.6.1.7 One of the following
statements, inserting an address and a
U.S. telephone number. If a
manufacturer opts to provide a Web site
on the registration card as permitted in
Figure 9a of this section, the
manufacturer must include the
statement in part (ii):
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(i) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert a U.S.
telephone number). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
(ii) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert
telephone number) or register online at
(insert Web site for electronic
registration form). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
*
*
*
*
*
S5.6.2.2 The instructions for each
built-in child restraint system other than
a factory-installed restraint, shall
include one of the following statements,
inserting an address and a U.S.
telephone number. If a manufacturer
opts to provide a Web site on the
registration card as permitted in Figure
9a of this section, the manufacturer
must include the statement in part (ii):
(i) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert a U.S.
telephone number). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
(ii) ‘‘Child restraints could be recalled
for safety reasons. You must register this
restraint to be reached in a recall. Send
your name, address, e-mail address if
available (optional), and the restraint’s
model number and manufacturing date
to (insert address) or call (insert U.S.
telephone number) or register online at
(insert Web site for electronic
registration form). For recall
information, call the U.S. Government’s
Auto Safety Hotline at 1–800–424–
9393.’’
*
*
*
*
*
S5.8 Information requirements—
attached registration form and electronic
registration form.
S5.8.1 Attached registration form.
(a) Each child restraint system, except
a factory-installed built-in restraint
system, shall have a registration form
attached to any surface of the restraint
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that contacts the dummy when the
dummy is positioned in the system in
accordance with S6.1.2 of Standard 213.
(b) Each attached form shall:
(1) Consist of a postcard that is
attached at a perforation to an
informational card;
(2) Conform in size, content and
format to Figures 9a and 9b of this
section; and
(3) Have a thickness of at least 0.007
inches and not more than 0.0095 inches.
(c) Each postcard shall provide the
model name or number and date of
manufacture (month, year) of the child
restraint system to which the form is
attached, shall contain space for the
purchaser to record his or her name,
mailing address, and at the
manufacturer’s option, e-mail address,
shall be addressed to the manufacturer,
and shall be postage paid. No other
information shall appear on the
postcard, except identifying information
that distinguishes a particular child
restraint system from other systems of
that model name or number may be
preprinted in the shaded area of the
postcard, as shown in figure 9a.
(d) Manufacturers may voluntarily
provide a web address on the
informational card enabling owners to
register child restraints online, provided
that the Web address is a direct link to
the electronic registration form meeting
the requirements of S5.8.2 of this
section.
S5.8.2 Electronic registration form.
(a) Each electronic registration form
must meet the requirements of this
S5.8.2. Each form shall:
(1) Contain the following statements
at the top of the form:
(i) ‘‘FOR YOUR CHILD’S
CONTINUED SAFETY’’ (Displayed in
bold type face, caps, and minimum 12
point type.)
(ii) ‘‘Although child restraint systems
undergo testing and evaluation, it is
possible that a child restraint could be
recalled.’’ (Displayed in bold typeface,
caps and lower case, and minimum 12
point type.)
(iii) ‘‘In case of a recall, we can reach
you only if we have your name and
address, so please fill in the registration
form to be on our recall list.’’ (Displayed
in bold typeface, caps and lower case,
and minimum 12 point type.)
(iv) ‘‘In order to properly register your
child restraint system, you will need to
provide the model number, serial
number and date of manufacture. This
information is printed on the
registration card and can also be found
on a white label located on the back of
the child restraint system.’’ (Displayed
in bold typeface, caps and lower case,
and minimum 12 point type.)
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(v) ‘‘This registration is only
applicable to child restraint systems
purchased in the United States.’’
(Displayed in bold typeface, caps and
lower case, and minimum 12 point
type.)
(2) Provide as required registration
fields, space for the purchaser to record
the model name or number and date of
manufacture (month, year) of the child
restraint system, and space for the
purchaser to record his or her name and
mailing address. At the manufacturer’s
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option, a space is provided for the
purchaser to record his or her e-mail
address.
(b) No other information shall appear
on the electronic registration form,
except for information identifying the
manufacturer or a link to the
manufacturer’s home page, a field to
confirm submission, and a prompt to
indicate any incomplete or invalid
fields prior to submission. Accessing the
web page that contains the electronic
registration form shall not cause
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53577
additional screens or electronic banners
to appear.
(c) The electronic registration form
shall be accessed directly by the web
address that the manufacturer printed
on the attached registration form. The
form must appear on screen when the
consumer has inputted the web address
provided by the manufacturer, without
any further keystrokes on the keyboard
or clicks of the mouse.
*
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BILLING CODE 4910–59–P
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BILLING CODE 4910–59–C
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§ 588.5
*
PART 588—CHILD RESTRAINT
SYSTEMS RECORDKEEPING
REQUIREMENTS
In consideration of the foregoing,
NHTSA is amending 49 CFR part 588 as
follows:
I 1. The authority citation for part 588
reads as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
Records.
Each manufacturer, or manufacturer’s
designee, shall record and maintain
records of the owners of child restraint
systems who have submitted a
registration form. The record shall be in
a form suitable for inspection such as
computer information storage devices or
card files, and shall include the names,
mailing addresses, and if collected,
se-mail addresses of the owners, and the
model name or number and date of
manufacture (month, year) of the
owner’s child restraint systems.
53579
Issued on: August 31, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05–17844 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–59–P
2. Section 588.5 is revised to read as
follows:
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Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53569-53579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17844]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 588
[Docket No. NHTSA-2005-22324]
RIN 2127-AI95
Federal Motor Vehicle Safety Standards; Child Restraint Systems;
Child Restraint Systems Recordkeeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
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SUMMARY: This document amends Federal Motor Vehicle Safety Standard No.
213, ``Child restraint systems,'' to permit information regarding
online product registration to be included on the owner registration
form required under the standard. This amendment enhances the
opportunity of restraint owners to register their restraints online,
which may increase registration rates and the effectiveness of recall
campaigns. The final rule also better enables manufacturers to
supplement (but not replace) recall notification via first-class mail
with e-mail notification, which increases the likelihood that owners
learn of a recall. The agency is also requiring that the telephone
number required on child restraint labels for the purpose of enabling
consumers to register by telephone be a U.S. number.
DATES: This final rule is effective November 8, 2005.
Petitions: Petitions for reconsideration must be received by
October 24, 2005 and should refer to this docket and the notice number
of this document and be submitted to: Administrator, National Highway
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: The following persons at the National
Highway Traffic Safety Administration:
For non-legal issues: Mr. Tewabe Asebe of the NHTSA Office of
Rulemaking at (202) 366-2365.
For legal issues: Mr. Christopher Calamita of the NHTSA Office of
Chief Counsel at (202) 366-2992.
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:
Table of Contents
I. Background
[[Page 53570]]
II. Final Rule
a. Changes to the Current Registration Card
1. Providing Manufacturer's Internet Address
2. Collecting E-mail Addresses
A. Space on the Card for Consumers' E-mail Addresses
B. Consequences of Having the Information
C. Use of Consumer Information
b. The Electronic Registration Form (e-form)
c. Registration by Telephone
d. Child Restraint Label and Printed Instructions
III. New NHTSA Hotline Number
IV. Rulemaking Analyses and Notices
I. Background
FMVSS No. 213
Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child
restraint systems (49 CFR 571.213), establishes an owner registration
program for child restraint systems. NHTSA implemented the program to
improve the effectiveness of manufacturer campaigns to recall child
restraint systems that contain a safety-related defect or that fail to
conform to FMVSS No. 213. By increasing the number of identified child
restraint owners, the program increases the manufacturers' ability to
inform owners of restraints about defects or noncompliances in those
restraints.
Under the standard, child restraint manufacturers are required to
provide a registration form attached to each child restraint (S5.8).
The registration form must conform in size, content and format to forms
depicted in the standard (figures 9a and 9b). Each form must include a
detachable postage-paid addressed postcard that provides a space for
the consumer to record his or her name and address, and must be
preprinted with the restraint's model name or number and its date of
manufacture. Except for information that distinguishes a particular
restraint from other systems, no other information is permitted to
appear on the postcard. Child restraint manufacturers have not been
prohibited from using the internet in their owner registration
programs. However, wording about registering online was not permitted
on the card.
Child restraint manufacturers are also required to supply a
telephone number on child restraint system labels to enable owners
(particularly second-hand owners) to register over the telephone.
NHTSA requires manufacturers to keep a record of registered owner
information along with the relevant child restraint system information
(restraint model, serial number, and manufactured dates) for not less
than six years from the date of manufacture of the child restraint
system (49 CFR part 588, Child restraint systems recordkeeping
requirements).
In the event of a recall, manufacturers must send notification by
first-class mail to the registered child restraint owners. (Public
notice of the recall can be also required.) Prior to the registration
requirement \1\, an estimated 3 percent of consumers registered their
child restraints. Currently, according to data from NHTSA's Office of
Defects Investigation, the registration rate is at 27 percent.
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\1\ The final rule establishing the registration requirement was
published September 10, 1992 and became effective March 9, 1993. (57
FR 41428).
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Notice of Proposed Rulemaking (NPRM)
In an effort to increase the registration rate and in response to
the public's increasing access to the Internet \2\, the agency proposed
to permit child restraint manufacturers to include information
regarding online registration of a child restraint on the registration
card required under S5.8 of FMVSS No. 213 (69 FR 32954; June 14, 2004).
NHTSA believed that the rapid growth of the Internet and of Internet
access provided an opportunity to improve the child restraint
registration rate, which in turn could improve the effectiveness of
child restraint recall campaigns. To facilitate the registration of
owners who seek to register by telephone, the NPRM also proposed to
require that the telephone number that manufacturers must provide on
child restraint labels be a U.S. number.
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\2\ The September 2001 U.S. Census Bureau report, Home Computer
and Internet Use in the United States: August 2000, revealed that
forty-two percent of all households had at least one household
member who used the Internet at home in 2000.
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Comments
In response to the NPRM, the agency received comments from National
Safe Kids Campaign (Safe Kids); American Academy of Pediatrics;
Advocates for Highway and Auto Safety (Advocates), child restraint
manufacturers Evenflo Company, Inc. (Evenflo) and Graco; American
Automobile Association (AAA); and Locker Greenberg & Brainin, P.C.,
representing the Juvenile Products Manufacturers Association (JPMA).
All of the commenters were generally supportive of the proposed
amendments to FMVSS No. 213. Commenters representing child restraint
manufacturers generally requested that additional flexibility be
provided in the method of recall notification, while consumer groups
stressed that the first class mail requirement be maintained. Consumer
groups also commented that any revision include a requirement for child
restraint manufacturers to maintain the privacy of customer
information. Commenters also provided several alternative suggestions
for the format of the paper registration card and the online
registration form.
II. Final Rule
This final rule adopts the proposals of the June 2004 notice, with
minor changes. We are amending FMVSS No. 213 to permit child restraint
manufacturers the option of including specified wording in the child
restraint paper registration card to provide for online registration of
child restraints. The minor changes relate to where on the form certain
information must be provided, and to the information required to be in
the child restraint owners manual. Today's rule also requires that
manufacturers provide a U.S. phone number for purposes of facilitating
registration by telephone.
Today's rule does not amend the notification requirements, i.e.,
manufacturers must still provide recall notification via first-class
mail. A manufacturer may choose to supplement this notification via an
e-mail message, but it is not required to do so.
The purpose of the rulemaking is to facilitate registration of
child restraints, to increase registration rates. For those child
restraint owners with access to the Internet, online registration may
be a preferred method of registering a child restraint. Providing for
another means of registration may increase registration rates, which
may increase the number of owners learning of a recall and responding
to it. A related purpose of this rule is to improve how consumers
currently register. As stated by Evenflo, Graco, and the JPMA in their
comments to the NPRM, permitting manufacturers the option of including
electronic registration information on the paper registration card will
help minimize errors and omissions in consumer information that now
occur as a result of transcribing information submitted on paper cards,
difficulty in reading consumers' handwriting, or cards damaged in the
mail. In addition, this final rule also enhances manufacturers'
abilities to notify owners of a safety recall. Manufacturers may
supplement recall notification via first-class mail with voluntary e-
mail notification.
NHTSA is not mandating online registration because such a
requirement would implicitly require manufacturers to have and maintain
an Internet registration system. While over forty percent of U.S.
households had Internet access in 2000, a majority did not.
[[Page 53571]]
Further, it is uncertain how many households in that forty percent had
consistent access to the Internet. At present, Internet access is not
so prevalent as to justify mandating electronic registration.
a. Changes to the Current Registration Card
Under today's final rule, a manufacturer is permitted to add to the
registration card attached to the child restraint (referred to in this
preamble as the ``the paper registration card''): (a) Specified
statements informing child restraint owners that they may register
online; (b) the Internet address for registering with the company; (c)
specified statements reflecting use of the Internet to register; and
(d) a space for the consumer's e-mail address.
This final rule provides manufacturers the option of including
electronic registration information on the paper registration card.
However, if a manufacturer does provide such information, the
information must be provided as prescribed in today's final rule. The
reason for this requirement is to ensure that the paper registration
card continues to be standardized in size, content, and format, so that
it is easy to read and clutter-free.
1. Providing Manufacturer's Internet Address
To prevent the consumer from having to search for an electronic
registration form (referred to in this document as the ``e-form'') on a
manufacturer's Web site, we proposed that manufacturers that choose to
provide electronic registration information on the paper registration
card must provide an Internet address that directly links to the e-
form. We stated that this would likely increase the ease and
convenience of registering. We also proposed that this Internet address
should be placed on the mail-in portion of the paper registration card.
In its comments, Safe Kids suggested that the required location for
a manufacturer's Internet address should be the portion of the paper
registration card that is kept by the consumer. It stated that this
would allow a child restraint owner to register online even after the
paper registration card was mailed and may facilitate the registration
of subsequent owners, if this portion of the card were transferred with
the child restraint.
We agree with Safe Kids that the Internet registration address
should be placed on the portion of the paper card retained by the
owner. This will provide the consumer a quick reference for locating
the electronic registration site. Therefore, under today's final rule,
the required location for the Internet address is placed on the portion
of the paper registration card maintained by the consumer.
Graco recommended that language be included on the paper
registration card to indicate that the customer should have the card
available when he or she registers online and that the card includes
information on the model number, serial number, and the date of
manufacture, i.e., information that would be required to register the
restraint.
We do not agree to this request. The information required to be
provided on the paper registration card is intentionally very limited
and standardized to provide only the most critical information
necessary to the consumer. Providing the information suggested by Graco
would potentially clutter the card and overload the reader. Further, as
explained later in this preamble, we have made provisions to include
this information on the e-form. If a consumer attempts to register
online and does not have the paper registration card at hand, then he
or she will be directed to locate the necessary information by either
locating the card, or by getting the information from the label on the
child restraint. As such, we are not requiring any additional language
for the paper registration card.
2. Collecting E-mail Addresses
A. Space on the Card for Consumers' E-mail Addresses
The agency proposed to permit manufacturers to include a space on
the paper registration card for a customer's e-mail address. This was
consistent with an agency October 2002 report on the registration
program, which stated that: ``Adding a space for an e-mail address on
the registration form could make initial recall notification faster. It
could also be helpful in locating seat owners that have changed
residence but retained their e-mail address.'' \3\ Under the proposal,
if a manufacturer were to collect e-mail addresses, it would be
required to maintain a record of all collected e-mail addresses for a
period of 6 years, just as with the other registration information.
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\3\ ``Evaluation of Child Safety Seat Registration,'' DOT HS 809
518, NHTSA Technical Report (October 2002).
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We are adopting this provision as proposed. Under today's final
rule, manufacturers are permitted to provide a space for a child
restraint owner's e-mail address. This space must specify that
providing an e-mail address is not required. By permitting the
collection of e-mail addresses on the child restraint registration
form, manufacturers would have the ability to provide e-mail
notification of a recall in conjunction with the mandatory first-class
mail notification. Providing an additional method of notifying child
restraint owners of a recall would increase the likelihood of a
recalled child restraint being remedied.
B. Consequences of Having the Information
In the proposal, we requested comment on whether a manufacturer
that has voluntarily collected a customer's e-mail address should be
required to provide a recall notification via e-mail, as well as via
first-class mail. We noted that use of customer e-mail addresses could
also make initial recall notification faster. Conversely, first-class
mail notification can take up to several days to reach the intended
customer, and even longer if the letter must be forwarded to a new
address. Further, a child restraint owner may maintain the same e-mail
address even after moving to a new street address, resulting in an e-
mail notification reaching the owner even if mail forwarding has been
discontinued.
Commenters generally recognized the potential benefits of e-mail
notification, but raised a variety of concerns. Safe Kids, Advocates
and AAA recommended that manufacturers be provided the option of
supplementing first-class mail notification with an e-mail message.
Advocates noted that computer e-mail users may change services, and
thus their e-mail addresses, while remaining at the same street
address. Safe Kids noted that with the sizable amount of junk e-mails
that most people receive, there is the potential for electronic
notifications to go unread or be deleted. Evenflo further noted that
mass corrective action e-mailings may be blocked by filtering software
as unsolicited e-mails. Evenflo was also concerned that unassociated
advertising e-mails, or ``spoof'' e-mails may be formatted to appear as
legitimate consumer contacts from a child restraint manufacturer.
Both Evenflo and the JPMA expressed concern that the development of
State or Federal ``anti-spam'' legislation may complicate mass consumer
e-mail contacts, even for legitimate purposes such as a recall
notification. JPMA and Graco commented that customers should be
provided the option of choosing the method of contact, i.e., first-
class mail or electronic notification.
The requirement for notification of a defect or noncompliance via
first class mail is prescribed by statute (49 U.S.C. 30119(d)). That
requirement to provide
[[Page 53572]]
notification by first class mail is unchanged by today's final rule.
With regard to e-mail notification, we recognize the potential
difficulties raised by commenters. Therefore, we are not generally
requiring manufacturers to send electronic notification of a defect or
noncompliance if manufacturers collect consumer e-mail addresses.
However, manufacturers are not prohibited from using electronic
notification as a supplement to notification by first class mail.
(Additionally, the agency could compel electronic notification as a
supplement if the traditional means of notifying the public of a recall
(first class mail, public notices) are insufficient.\4\ This
determination would be made on a case-by-case basis.) As e-mail
services evolve and develop, we may further assess at a future date the
merits of electronic notification.
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\4\ Under 49 U.S.C. 30119(d)(2), the agency can require a
manufacturer of equipment to provide public notice to effectuate the
recall of a defective or noncompliant product. In the past, child
restraint manufacturers have provided notice through a variety of
means including, but not limited to, retailers, child safety
centers, pediatricians, and the media.
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C. Use of Consumer Information
In the notice of proposed rulemaking, we stated that we would
expect that manufacturers would not use any registration information,
including e-mail addresses, for commercial purposes. We noted that in
developing the original registration requirements, focus groups reacted
favorably to the idea of being assured by the manufacturer that
information retained in these records would not be used for commercial
mailing lists. We expected that the public would respond similarly to
assurances that a registered e-mail address would not result in
unsolicited e-mails.
Safe Kids, Advocates, and AAA commented that safeguards against
commercial use of registration information should be mandated. Safe
Kids requested that the agency require registration materials to
contain language stating that information would not be used for
commercial purposes. Advocates raised the possibility of instituting
penalties for violations of such a requirement.
Graco, Evenflo, and the JPMA all supported restricted use of a
consumer's e-mail address obtained through child restraint
registration. Graco and Evenflo suggested that manufacturers be
permitted to have a field on the e-form that would provide consumers
the option of receiving product information.
As stated in the preamble of the proposed rulemaking, NHTSA expects
that manufacturers will respect owners' preferences that this
information, along with other registration information, will be kept
separate from other customer lists. To date, we have not received
complaints from consumers that would indicate manufacturers were doing
otherwise. Accordingly, at this time we do not see the need to change
the status quo by instituting the safeguards suggested by Safe Kids and
Advocates.
Nonetheless, while manufacturers may provide avenues for customers
to receive additional product information, manufacturers must provide
this separate from the registration process. That is, whether that
process be via the paper registration card, telephone registration, or
electronic registration, those processes must be absent any
solicitation of the consumer for commercial purposes. As stated above,
the information required to be provided to customers for purposes of
registration is intentionally very limited and standardized to provide
only the most critical information necessary to the consumer. This
conveys the importance of registration in a clear manner.
b. The Electronic Registration Form (E-form)
To increase the likelihood that owners will find electronic
registration user-friendly, we proposed a standardized appearance of
the online registration form (e-form) presented to the consumer. That
is, similar to the standardized mail-in registration form,\5\ the only
fields that would be permitted on an e-form would be those for: (a) The
owner's name and address; (b) the restraint model and serial number;
(c) date of manufacture of the child restraint; and (d) at the
manufacturer's option, the owner's e-mail address.
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\5\ In developing the mail-in registration form, the agency
found that focus groups ``widely and enthusiastically accepted the
text and format of the parts of the form that did not vary among the
proposed options.'' 57 FR 414321.
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Under the proposal, the e-form would be required to contain
relevant portions of the standardized warnings and other information
mandated for paper registration forms. The only additional information
permitted on the e-form would be information identifying the
manufacturer and a link to the manufacturer's Web site home page. We
requested comment on whether some additional information should be
permitted or required on the form, e.g., instructions to the consumer
as to where the restraint's model name and number can be found.
Commenters were generally supportive of the format of the e-form
proposed by the agency. The manufacturers requested that a prompt be
permitted to notify an owner if the e-form was not filled out
completely. The prompt would be generated upon clicking a ``confirm''
or ``submit'' field, which could be located next to the manufacturer's
logo or link to the manufacturer's homepage. Graco and Evenflo also
recommended that the e-form inform consumers what child restraint
specific information is required to properly fill out the form and
where that information can be located.
We are adopting the proposed e-form format requirements, with a few
changes suggested by the commenters and with other minor additions. We
are permitting manufacturers to use a prompt to indicate that a form
has not been fully completed. We note however, that as with the paper
registration card, the e-form must indicate that inclusion of a
consumer's e-mail address may be provided at the consumer's option.
Further, manufacturers are prevented from having additional screens
or advertisement banners appear as a result of a child restraint owner
accessing the Web page that contains the e-form (e.g., ``pop-up
advertisements'' are prohibited). By preventing additional information
or advertising from appearing on the registration page or as a result
of accessing the e-form, the benefits of a standardized registration
form are maintained, helping to improve the rate of registration.
The JPMA requested that a statement be included on the electronic
registration form informing readers that the registration is not
applicable to consumers outside the U.S. The JPMA expressed concerns
with potential conflicts with the laws of non-U.S. jurisdictions and
child restraints purchased outside of the U.S.
We concur with the suggested change. Paper registration cards now
accompanying child restraints do not need such language because only
child restraints manufactured for sale in the U.S. are required to have
registration cards. In contrast, an electronic registration form
available on a manufacturer's Web site may be accessed anywhere in the
world. Persons purchasing a child restraint outside of the U.S. may not
know that the FMVSS No. 213 registration program is limited to the U.S.
Therefore, we have included a statement on the electronic registration
form that clarifies its applicability to child restraints purchased in
the U.S.
Advocates requested that the agency require that the electronic
registration
[[Page 53573]]
information be encrypted. Advocates stated that encrypting the data
would protect the information from being accessed by third parties.
We are not including an ``encryption'' requirement for electronic
registration. The registration form does not entail the submission of
financial information or other identifiers such as a Social Security
number. The information provided is the same information that commonly
can be obtained through a telephone directory. Further, because
technology changes at such a rapid pace, any level of encryption
required by the agency would likely become obsolete in a short time
frame. Manufacturers' means of securing the information they now
receive from consumers should be adequate to protect the registration
information they will receive through the electronic registration
program.
c. Registration by Telephone
When the agency established the current child restraint
registration program (requiring the paper registration card), we also
established a requirement for child restraint manufacturers to label
each child restraint with a telephone number that consumers could use
to register their restraints as an alternative to the mail-in form. A
phone number was particularly important for persons owning secondhand
restraints, since the original registration card would likely be
missing from such restraints.
The NPRM proposed that the telephone number must be a U.S.
number.\6\ No opposing comments were received on this issue. This final
rule adopts the proposed restriction. While we are unaware of any
manufacturer currently providing a non-U.S. telephone number, this rule
will ensure that a non-U.S. number is not provided in the future. A
non-U.S. telephone number would present a high cost to a child
restraint owner seeking to register a child restraint and would be a
disincentive for consumers, particularly second-hand owners, to
register.
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\6\ This amendment arose out of a concern about the potential
use of non-U.S. phone numbers for registration purposes. https://
www.nhtsa/dot.gov/cars/rules/interps/files/002775cmc--phoneno.html.
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d. Child Restraint Label and Printed Instructions
The NPRM would have permitted the printed instructions accompanying
a restraint to include a discussion on registering via the Internet,
but would not have required the Web site address be included in the
instructions even if a manufacturer opted to include a Web site on the
paper registration card. In its comments, Safe Kids suggested that
Internet registration information be include in the instruction manual.
We agree with Safe Kids that including the Internet address in the
printed instructions may facilitate registration by owners' who have
misplaced the paper registration card, who have changed address, or by
subsequent owners. Therefore, under today's final rule, if a
manufacturer opts to include an Internet address on the paper
registration card, it must also include the Internet address in the
printed instructions.
In their comments, the JPMA and Evenflo recommended that the agency
include language on the child restraint label and in the instruction
manual directed specifically at second-hand owners and owners who have
moved since registering their child restraint. The suggested language
stated: ``If you have moved or are not the original purchaser of this
child restraint, please contact (manufacturer) to register this
restraint.''
We are not adopting such a requirement. Child restraint labels
already require general language on the importance of product
registration (``Register your child restraint with the manufacturer,''
see e.g., S5.5.2(g)(iv)). Space on the labels is limited, and in order
to maintain the effectiveness of the information contained on the
labels, we need to limit the required information. Also, the requested
information is already provided in instruction manuals. The manuals are
required to provide information on the importance of registration
(``You must register this restraint to be reached in a recall,''
S5.6.1.7), and, under today's final rule, if a manufacturer opts to
include an Internet address on the paper registration card, it must
also include the Internet address in the printed instructions.
Manufacturers are not prohibited from supplementing the information
with a statement as suggested by the commenters.
III. New NHTSA Hotline Number
Child restraint manufacturers are required to provide the telephone
number for the U.S. Government's (NHTSA's) Auto Safety Hotline on both
child restraint labels and the accompanying printed instructions. (See
FMVSS No. 213, S5.5.1(m), S5.5.5(k), S5.6.1.7, S5.6.2.2.) The Auto
Safety Hotline provides child restraint owners with information on
product recalls.
Until recently, FMVSS No. 213 required two phone numbers; a toll-
free number and a number for the District of Columbia area. The
separate phone number for the District of Columbia area is no longer
needed, as the toll-free number now functions for the entire U.S.
Accordingly, child restraint labels and instructions only need refer to
the toll-free number. Thus, on June 21, 2005, the agency published a
technical amendment that replaced the required telephone number in
FMVSS No. 213 with 1-888-327-4236 (70 FR 35556; Docket No. NHTSA-2005-
21564). The technical amendment is effective June 21, 2006. Early
compliance is permitted.
IV. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rule under Executive Order
12866 and the Department of Transportation's regulatory policies and
procedures. This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' This action has been determined to
be ``nonsignificant'' under the Department of Transportation's
regulatory policies and procedures. We do not anticipate this final
rule to result in any costs for child restraint system manufacturers.
The final rule does not establish any new requirements for
manufacturers of child restraint systems unless a manufacturer
voluntarily chooses to collect e-mail addresses or provide an Internet
address for electronic registration on the child restraint registration
card. If a manufacturer voluntarily collects customer e-mail addresses
and provides for electronic registration of restraints, the anticipated
costs for the recordkeeping requirements are minimal.
Many child restraint system manufacturers already provide an
electronic product registration service and by encouraging electronic
registration, manufacturers could reduce the number of postage-paid
registration cards returned, thereby reducing postage fees for the
manufacturer.\7\ Manufacturers that collect customer e-mail addresses
could incorporate this information into the registration records
currently maintained. Also, child restraint system owner information
submitted online would be in electronic format, minimizing the data
entry burden required to record owner information and reduce
recordkeeping costs.
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\7\ A manufacturer is not charged a fee by the post office for a
postage pre-paid postcard until the card is actually sent through
the mail.
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While the use of online resources for child restraint system
registration has the potential for increased child restraint
registration and enhanced recall notification, we are not requiring
[[Page 53574]]
manufacturers to have a means by which consumers can register their
restraint via the Internet. We want to avoid imposing potentially
prohibitive costs on manufacturers not currently equipped to
incorporate Internet resources into child restraint system
registration. Manufacturers not currently situated for Internet
registration would have the cost of developing an Internet system to
process registrations as well as the costs associated with revising the
mandated registration forms and modifying recordkeeping procedures. If
and when Internet and e-mail access becomes more universal, the benefit
of mandatory Internet registration provisions can be evaluated.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities.
I certify that this final rule does not have a significant economic
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)).
The final rule directly affects child restraint manufacturers.
According to the Small Business Administration's small business size
standards (see 5 CFR 121.201), a child restraint manufacturer (NAICS
code 336360, Motor Vehicle Seating and Interior Trim Manufacturer) must
have 500 or fewer employees to qualify as a small business. Most if not
all of the affected manufacturers are small businesses under this
definition. However, the final rule does not impose any new
requirements on manufacturers that produce child restraint systems. The
final rule provides flexibility in child restraint system registration
by allowing manufacturers to promote electronic registration. Given the
final rule does not impose any new requirements, a regulatory
flexibility analysis was not prepared.
C. Paperwork Reduction Act
Under the 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. The final rule reconfigures the information
collection and recordkeeping requirements of FMVS No. 213 and 49 CFR
part 588, which have been approved under OMB No. 2127-0576. The agency
does not anticipate this reconfiguration to increase the cost or burden
of the approved collection.
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Voluntary Child Safety Registration Form.
Type of Request: Reconfiguration of existing collection.
OMB Clearance Number: 2127-0576.
Form Number: None.
Summary of the Collection of Information: Under the final rule in
this document, if a child restraint manufacturer voluntarily collects
an e-mail address as part of the child restraint registration, then the
manufacturer is required to maintain a record of that information. The
recordkeeping format and retention requirements for child restraint
owner e-mail addresses are identical to the format and retention
requirements mandated for owner registration under 49 CFR part 588. The
final rule also requires that if a manufacturer voluntarily provides
for electronic registration, then the manufacturer is required to use a
standardized format similar to the format currently required for the
postage-paid registration form.
The final rule does not mandate the collection of e-mail addresses
or the use of electronic registration.
Description of the Need for the Information and Use of the
Information: Public access and use of the Internet has increased
exponentially since its inception. The proposed rule would permit
manufacturers to take advantage of this growth in technology and use
electronic registration as a supplement to registration by mail. This
provides child restraint system owners with an additional option for
registering a child restraint system and potentially increases the
number of child restraint systems registered. By increasing the number
of identified child restraint purchasers, the program increases the
manufacturers' ability to inform owners of restraints about defects or
noncompliances in those restraints.
Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information):
NHTSA estimates that twenty-three child restraint manufacturers are
subject to the reconfigured collection requirements. If a manufacturer
voluntarily collects a child restraint system owner's e-mail address as
part of the child restraint registration, then the manufacturer is
required to record and maintain that e-mail address along with the
registration information currently recorded and maintained. If a child
restraint manufacturer provides for electronic registration, the
electronic registration form is required to be in a format similar to
the format for the postage-paid form.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information: NHTSA does not anticipate
a significant change to the hour burden or costs associated with child
restraint registration. By allowing manufacturers the ability to
promote online registration, we anticipate a reduction in the
collection and recordkeeping burden. Internet registration reduces a
manufacturer's postage costs by reducing the number of postage-paid
registration cards sent through the mail. Registration information
collected on the Internet is in an electronic form, which can be
transferred more easily and stored than paper registration cards.
Registration information received in electronic form reduces the data
entry burden of child restraint system manufacturers. This reduction in
burden offsets any burden created by the e-mail recordkeeping
requirement and the standardized Internet registration form.
Manufacturers commented that by permitting electronic registration,
data will be provided in a more usable format and as well as improve
the accuracy of the data. Manufacturers did not provide additional
comment regarding the collection of information requirements or the
associated recordkeeping burden.
D. National Environmental Policy Act
NHTSA has analyzed this rule for the purposes of the National
Environmental Policy Act and determined that it will not have any
significant impact on the quality of the human environment. The subject
of this rule is the labeling and registration information requirements
of child restraint systems.
E. Executive Order 13132 (Federalism)
Executive Order 13132 requires NHTSA to develop an accountable
[[Page 53575]]
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, the agency may not issue a
regulation with federalism implications, that imposes substantial
direct costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or the agency consults
with State and local officials early in the process of developing the
proposed regulation. NHTSA may also not issue a regulation with
federalism implications and that preempts State law unless the agency
consults with State and local officials early in the process of
developing the proposed regulation.
The agency has analyzed this rulemaking action in accordance with
the principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The rule will have no
substantial effects on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
F. Executive Order 12778 (Civil Justice Reform)
This rule will not have any retroactive effect. Under section 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. Section 49 U.S.C. 30161 sets forth a procedure for
judicial review of final rules establishing, amending or revoking
Federal motor vehicle safety standards. That section does not require
submission of a petition for reconsideration or other administrative
proceedings before parties may file suit in court.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus standards in regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
The agency searched for, but did not find any voluntary consensus
standards relevant to this rule.
H. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Before promulgating a rule for which a written statement
is needed, section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows NHTSA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
agency publishes with the final rule an explanation why that
alternative was not adopted.
This final rule will not impose any unfunded mandates under the
Unfunded Mandates Reform Act of 1995. This rule will not result in
costs of $100 million or more to either State, local, or tribal
governments, in the aggregate, or to the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
I. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
J. Privacy Act
Anyone is able to search the electronic form of all submissions
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
https://dms.dot.gov.
List of Subjects
49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires, Incorporation by Reference.
49 CFR Part 588
Motor vehicle safety, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, NHTSA is amending 49 CFR part 571 as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFTEY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.213 is amended to revise paragraph (m) of S5.5.2,
paragraph (k) of S5.5.5, S5.6.1.7, S5.6.2.2, S5.8, and Figures 9(a) and
9(b), and
0
3. Section 571.213 is amended by adding S5.8.1 and S5.8.2, to read as
follows:
Sec. 571.213 Standard No. 213; Child restraint systems.
* * * * *
S5.5.2 * * *
(m) One of the following statements, inserting an address and a
U.S. telephone number. If a manufacturer opts to provide a Web site on
the registration card as permitted in Figure 9a of this section, the
manufacturer must include the statement in part (ii):
[[Page 53576]]
(i) ``Child restrains could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [preceding four words is optional]
and the restraint's model number and manufacturing date to (insert
address) or call (insert a U.S. telephone number). For recall
information, call the U.S. Government's Auto Safety Hotline at 1-800-
424-9393.''
(ii) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [preceding four words are
optional], and the restraint's model number and manufacturing date to
(insert address) or call (insert a U.S. telephone number) or register
online (insert Web site for electronic registration form). For recall
information, call the U.S. Government's Auto Safety Hotline at 1-800-
424-9393.''
* * * * *
S5.5.5 * * *
(k) One of the following statements, inserting an address and a
U.S. telephone number. If manufacturer opts to provide a Web site on
the registration card as permitted in Figure 9a of this section, the
manufacturer must include the statement in part (ii):
(i) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline an 1-800-424-9393.''
(ii) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
telephone number) or register online at (insert Web site for electronic
registration form). For recall information, call the U.S. Government's
Auto Safety Hotline at 1-800-424-9393.''
* * * * *
S5.6.1.7 One of the following statements, inserting an address and
a U.S. telephone number. If a manufacturer opts to provide a Web site
on the registration card as permitted in Figure 9a of this section, the
manufacturer must include the statement in part (ii):
(i) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline at 1-800-424-9393.''
(ii) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
telephone number) or register online at (insert Web site for electronic
registration form). For recall information, call the U.S. Government's
Auto Safety Hotline at 1-800-424-9393.''
* * * * *
S5.6.2.2 The instructions for each built-in child restraint system
other than a factory-installed restraint, shall include one of the
following statements, inserting an address and a U.S. telephone number.
If a manufacturer opts to provide a Web site on the registration card
as permitted in Figure 9a of this section, the manufacturer must
include the statement in part (ii):
(i) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline at 1-800-424-9393.''
(ii) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
U.S. telephone number) or register online at (insert Web site for
electronic registration form). For recall information, call the U.S.
Government's Auto Safety Hotline at 1-800-424-9393.''
* * * * *
S5.8 Information requirements--attached registration form and
electronic registration form.
S5.8.1 Attached registration form.
(a) Each child restraint system, except a factory-installed built-
in restraint system, shall have a registration form attached to any
surface of the restraint that contacts the dummy when the dummy is
positioned in the system in accordance with S6.1.2 of Standard 213.
(b) Each attached form shall:
(1) Consist of a postcard that is attached at a perforation to an
informational card;
(2) Conform in size, content and format to Figures 9a and 9b of
this section; and
(3) Have a thickness of at least 0.007 inches and not more than
0.0095 inches.
(c) Each postcard shall provide the model name or number and date
of manufacture (month, year) of the child restraint system to which the
form is attached, shall contain space for the purchaser to record his
or her name, mailing address, and at the manufacturer's option, e-mail
address, shall be addressed to the manufacturer, and shall be postage
paid. No other information shall appear on the postcard, except
identifying information that distinguishes a particular child restraint
system from other systems of that model name or number may be
preprinted in the shaded area of the postcard, as shown in figure 9a.
(d) Manufacturers may voluntarily provide a web address on the
informational card enabling owners to register child restraints online,
provided that the Web address is a direct link to the electronic
registration form meeting the requirements of S5.8.2 of this section.
S5.8.2 Electronic registration form.
(a) Each electronic registration form must meet the requirements of
this S5.8.2. Each form shall:
(1) Contain the following statements at the top of the form:
(i) ``FOR YOUR CHILD'S CONTINUED SAFETY'' (Displayed in bold type
face, caps, and minimum 12 point type.)
(ii) ``Although child restraint systems undergo testing and
evaluation, it is possible that a child restraint could be recalled.''
(Displayed in bold typeface, caps and lower case, and minimum 12 point
type.)
(iii) ``In case of a recall, we can reach you only if we have your
name and address, so please fill in the registration form to be on our
recall list.'' (Displayed in bold typeface, caps and lower case, and
minimum 12 point type.)
(iv) ``In order to properly register your child restraint system,
you will need to provide the model number, serial number and date of
manufacture. This information is printed on the registration card and
can also be found on a white label located on the back of the child
restraint system.'' (Displayed in bold typeface, caps and lower case,
and minimum 12 point type.)
[[Page 53577]]
(v) ``This registration is only applicable to child restraint
systems purchased in the United States.'' (Displayed in bold typeface,
caps and lower case, and minimum 12 point type.)
(2) Provide as required registration fields, space for the
purchaser to record the model name or number and date of manufacture
(month, year) of the child restraint system, and space for the
purchaser to record his or her name and mailing address. At the
manufacturer's option, a space is provided for the purchaser to record
his or her e-mail address.
(b) No other information shall appear on the electronic
registration form, except for information identifying the manufacturer
or a link to the manufacturer's home page, a field to confirm
submission, and a prompt to indicate any incomplete or invalid fields
prior to submission. Accessing the web page that contains the
electronic registration form shall not cause additional screens or
electronic banners to appear.
(c) The electronic registration form shall be accessed directly by
the web address that the manufacturer printed on the attached
registration form. The form must appear on screen when the consumer has
inputted the web address provided by the manufacturer, without any
further keystrokes on the keyboard or clicks of the mouse.
* * * * *
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BILLING CODE 4910-59-C
* * * * *
PART 588--CHILD RESTRAINT SYSTEMS RECORDKEEPING REQUIREMENTS
0
In consideration of the foregoing, NHTSA is amending 49 CFR part 588 as
follows:
0
1. The authority citation for part 588 reads as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 588.5 is revised to read as follows:
Sec. 588.5 Records.
Each manufacturer, or manufacturer's designee, shall record and
maintain records of the owners of child restraint systems who have
submitted a registration form. The record shall be in a form suitable
for inspection such as computer information storage devices or card
files, and shall include the names, mailing addresses, and if
collected, se-mail addresses of the owners, and the model name or
number and date of manufacture (month, year) of the owner's child
restraint systems.
Issued on: August 31, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05-17844 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-59-P