Federal Motor Vehicle Safety Standards; Occupant Crash Protection, 54402-54411 [E7-18716]
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requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(e) of
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In reviewing SIP submissions, EPA’s
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the Clean Air Act. In this context, in the
absence of a prior existing requirement
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section 3 of Executive Order 12988 (61
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List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 14, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7–18844 Filed 9–24–07; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2007–28710]
RIN 2127–AK02
Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: NHTSA is proposing to
amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, ‘‘Occupant
crash protection,’’ to update the child
restraint systems (CRSs) listed in
Appendix A of the standard. The CRSs
in Appendix A are used by NHTSA to
test advanced air bag suppression or low
risk deployment systems, to ensure that
the air bag systems pose no reasonable
safety risk to infants and small children
in the real world. The amendments
proposed today would replace some
CRSs listed in Appendix A with CRSs
that are more representative of the CRS
fleet currently on the market. The
agency proposes to delete six existing
CRSs and to add five new CRSs. Since
the appendix has not been revised since
2003, NHTSA also seeks comment on
whether seven other CRSs in the
appendix should be replaced with CRSs
with essentially the same features but
more recently produced.
DATES: You should submit comments
early enough to ensure that Docket
Management receives them not later
than October 25, 2007. If adopted, most
of the amendments would be effective
for the next model year introduced one
year after the publication of a final rule.
Optional early compliance would be
permitted. See discussion under
‘‘Proposed Compliance Dates’’ section
in the preamble of this NPRM.
ADDRESSES: You may submit comments
[identified by DOT Docket ID Number
28710] by any of the following methods:
If filing comments by September 27,
2007, please use:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the Department of
Transportation Docket Management
System electronic docket site. No
electronic submissions will be accepted
between September 28, 2007, and
October 1, 2007.
If filing comments on or after October
1, 2007, use:
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• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Alternatively, you can file comments
using the following methods:
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
of this document. Note that all
comments received will be posted
without change to https://
www.dms.dot.gov or https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov until September 27, 2007,
or the street address listed above. The
DOT docket may be offline at times
between September 28 through
September 30 to migrate to the Federal
Docket Management System (FDMS).
On October 1, 2007, the Internet access
to the docket will be at https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
Carla Cuentas, Office of
Crashworthiness Standards, Light Duty
Vehicle Division (telephone 202–366–
4583, fax 202–493–2739). For legal
issues, contact Ms. Deirdre Fujita, Office
of Chief Counsel (telephone 202–366–
2992, fax 202–366–3820). You may send
mail to these officials at the National
Highway Traffic Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background
II. In Deciding To Update Appendix A
a. Guiding Factors
b. Child Restraint Data
c. Additional Considerations
1. Seat Back Height
2. Handles and Sunshields
3. Non-LATCH Child Restraints
III. Proposed Changes
a. Deletions
1. Deletion of the Britax Handle With Care
191 From Subpart B
2. Deletion of the Century Assura 4553
From Subpart B
3. Deletion of the Century (Graco) Encore
4612 From Subpart C
4. Deletion of the Cosco Olympian 02–803
and the Safety First Comfort Ride 22–400
From Subpart C
5. Deletion of the Britax Expressway
ISOFIX From Subpart C
b. Additions
1. Addition of the Graco Snugride #8643 to
Subpart B
2. Addition of the Peg Perego Primo
Viaggio #IMCC00US to Subpart B
3. Addition of the Cosco Summit Deluxe
#22–260 to Subpart C
4. Addition of the Graco SafeSeat (Step 2)
#8B02 to Subpart C
5. Addition of the Evenflo Generations
#352 to Subpart C
c. Updating Other CRSs in Appendix A
IV. Proposed Compliance Dates
V. Clarity of the Tables in Appendix A
VI. Public Participation
VII. Rulemaking Analyses and Notices
I. Background
Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, ‘‘Occupant
crash protection’’ (49 CFR 571.208),
requires light passenger vehicles to be
equipped with safety belts and frontal
air bags for the protection of vehicle
occupants in crashes. While air bags
have been very effective in protecting
people in moderate and high speed
frontal crashes, there have been
instances in which they have caused
serious or fatal injuries to occupants
who were very close to the air bag when
it deployed. On May 12, 2000, NHTSA
published a final rule to require that
future air bags be designed to create less
risk of serious air bag-induced injuries
than current air bags and provide
improved frontal crash protection for all
occupants, by means that include
advanced air bag technology
(‘‘Advanced Air Bag Rule,’’ 65 FR
30680, Docket No. NHTSA 00–7013).
Under the Advanced Air Bag Rule, to
minimize the risk to infants and small
children from deploying air bags,
manufacturers may suppress an air bag
in the presence of a child restraint
system (CRS) or provide a low risk
deployment (LRD) system.1
1 The LRD option involves deployment of the air
bag in the presence of a Child Restraint Air Bag
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To minimize the risk to children,
manufacturers choosing to rely on an air
bag suppression system or LRD system
must ensure that the vehicle complies
with the suppression or LRD
requirements when tested with the CRSs
specified in Appendix A of the
standard. As part of ensuring the
robustness of automatic air bag
suppression and LRD systems, NHTSA
made sure that the appendix contained
CRSs that represented a large portion of
the CRS market and CRSs with unique
size and weight characteristics. NHTSA
also planned regular updates to
Appendix A.
On November 19, 2003, in response to
petitions for reconsideration of the May
2000 Advanced Air Bag Rule, the
agency published a final rule that
revised Appendix A by adding two
CRSs that were equipped with
components that attach to a vehicle’s
LATCH 2 system (68 FR 65179, Docket
No. NHTSA 03–16476). Since
September 1, 2002, CRSs have been
required by FMVSS No. 213, Child
Restraint Systems (49 CFR § 571.213), to
have permanently-attached components
that enable the CRS to connect to a
LATCH system on a vehicle. The
addition of these ‘‘LATCH-equipped’’
CRSs to Appendix A was meant to keep
the appendix up-to-date in reflecting
current CRS designs.3
CRSs in Appendix A
Appendix A is made up of four (4)
subparts, subparts A through D.
• Subpart A lists a car bed that can
be used by the agency to test the
suppression system of a vehicle that is
manufactured on or after the effective
date specified in Appendix A and that
has been certified as being in
compliance with 49 CFR 571.208, S19.
• Subpart B lists rear-facing CRSs that
can be used by the agency to test the
Interaction (CRABI) test dummy, representing a 12month-old child, in a rear-facing child restraint.
2 ‘‘LATCH’’ stands for ‘‘Lower Anchors and
Tethers for Children,’’ a term that was developed
by child restraint manufacturers and retailers to
refer to the standardized child restraint anchorage
system that vehicle manufacturers must install in
vehicles pursuant to FMVSS No. 225, Child
Restraint Anchorage Systems (49 CFR 571.225). The
LATCH system is comprised of two lower
anchorages and one tether anchorage. Each lower
anchorage is a rigid round rod or bar onto which
the connector of a child restraint system can be
attached. FMVSS No. 225 does not permit vehicle
manufacturers to install LATCH systems in front
designated seating positions unless the vehicle has
an air bag on-off switch meeting the requirements
of S4.5.4 of FMVSS No. 208.
3 The compliance date for the provision
specifying testing with LATCH-equipped CRSs is
September 1, 2008. Earlier dates were delayed (69
FR 51598, Docket 18905; 71 FR 51129, Docket
21244) because test procedures were not in place
in FMVSS No. 208 to install LATCH-equipped CRSs
in a repeatable manner until this year.
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suppression system or the low risk
deployment capabilities of a vehicle that
is manufactured on or after the effective
date and prior to the termination date
specified in the appendix and that has
been certified as being in compliance
with 49 CFR 571.208, S19.
• Subpart C lists forward-facing
toddler and forward-facing convertible 4
CRSs that can be used by the agency to
test the suppression system or the low
risk deployment capabilities of a vehicle
that is manufactured on or after the
effective date and prior to the
termination date specified in the
appendix and that has been certified as
being in compliance with 49 CFR
571.208, S19 or S21.
• Subpart D lists forward-facing
toddler/belt positioning booster systems
and belt positioning booster systems
that can be used by the agency to test
the suppression system capabilities of a
vehicle that is manufactured on or after
the effective date and prior to the
termination date specified in the
appendix and that has been certified as
being in compliance with 49 CFR
571.208, S21 or S23.
There are one (1) car bed, seven (7)
rear-facing child restraint systems, nine
(9) forward-facing toddler and forwardfacing convertible CRSs 5 and four (4)
forward-facing toddler/belt positioning
booster systems currently listed and
deemed ‘‘effective’’ (i.e., may be used in
compliance testing) in Appendix A.
II. In Deciding To Update Appendix A
a. Guiding Factors
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The November 2003 FMVSS No. 208
final rule discussed factors that the
agency considers in deciding whether
Appendix A should be updated (68 FR
at 65188). NHTSA reviews the appendix
to: Maintain a spectrum of CRSs that is
representative of the CRS population in
production, ensure that only relatively
current restraints will be used for
compliance testing, determine the
availability of the CRSs and determine
any change in design, other than those
that are purely cosmetic. (If a change to
a CRS were clearly cosmetic, such as
color scheme or upholstery, the list
would not be modified.) 6 In considering
4 A convertible CRS is one that converts from a
rear-facing seat to a forward-facing seat. A
combination CRS is one that converts from a
forward-facing seat to a booster seat or a CRS that
is a convertible that can also be used as a booster.
5 Two of these nine forward-facing toddler and
forward-facing convertible CRSs are effective on
September 1, 2008.
6 We also stated that, in considering whether to
amend the appendix, we assess whether a variety
of restraint manufacturers are represented in the
appendix, and whether a combination of restraints
are in the appendix. Id.
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whether a particular restraint should be
in Appendix A, the agency considers
whether the restraint—
—Has mass and dimensions
representative of many restraints on
the market,
—Has mass and dimensions
representing outliers, and
—Has been a high sales volume model.
NHTSA evaluated data, discussed in
the next section, and undertook a
systematic evaluation of the CRSs in
Appendix A. We assessed child restraint
system dimensions, weight (mass) and
sales volumes (based on confidential
manufacturers’ data) to identify which
CRSs have dimensions that were
representative of the average restraint in
today’s market, and which were
possible outliers, with dimensions,
weight 7 and/or footprints 8 markedly
outside of those of the ‘‘average’’ CRS.
In addition, the agency identified which
CRSs had high production totals and,
therefore, likely to have the greatest
market share (highest sales volume).
b. Child Restraint Data
The data used for today’s NPRM were
obtained from CRS manufacturers and
NHTSA’s Ease-of-Use (EOU) consumer
information program. The agency’s EOU
program started in 2002 in response to
the Transportation Recall Enhancement,
Accountability, and Documentation
(TREAD) Act, which directed NHTSA to
issue a notice to establish a child
restraint safety rating consumer
information program to provide
practicable, readily understandable, and
timely information to consumers for use
in making informed decisions in the
purchase of child restraints. The EOU
program encourages CRS manufacturers
to produce child restraints with features
that make it easier for consumers to use
and install correctly. The EOU program
seeks to evaluate all CRSs available for
sale at retail outlets.
The 2006 EOU program assessed 99
different CRSs (including carryover
seats from the previous year that were
not changed), selected from 14 different
manufacturers (Docket 25344). In
addition to those 99 CRSs, data for the
CRSs currently listed in Appendix A
were also collected during the 2006
EOU program. These data were used to
7 Since the CRSs are used to test air bag
suppression systems, it was important to identify
which CRSs were the lightest and heaviest, and
those that are representative of the average restraint
in today’s market in terms of weight.
8 Some air bag suppression systems may have
trouble sensing a CRS if the footprint is shaped in
a way that loads the air bag suppression system
sensors or load cells differently than the CRSs for
which the suppression system was designed to
recognize.
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determine whether any changes to the
appendix were warranted.
c. Additional Considerations
The agency also considered the
following factors in considering changes
to Appendix A. NHTSA is interested in
comments on the agency’s deliberations.
1. Seat Back Height
Automatic air bag suppression
systems suppress the air bag when a
child or a child in a CRS is placed on
the seat, and enable the air bag’s
deployment if an adult occupies the
seat. The threshold for enabling the air
bag’s deployment is dependent on the
design and calibration of the
suppression system used. The agency
developed Appendix A to include CRSs
with a gamut of features that would
robustly assess vehicle suppression
technologies.
With LRD systems for infants already
being used in some vehicles, the agency
sought to include, in Subpart B of
Appendix A, rear-facing child restraints
of varying seat back heights. It seemed
especially prudent to have CRSs with
low seat back heights. For rear-facing
CRSs with relatively low seat back
heights, an air bag mounted on the top
of the instrument panel may not
encounter any reaction surface
(resistance) from the CRS seat back, so
the air bag could be allowed to fully
pressurize. In the real world, the
deploying air bag—whose energy was
not lowered because it encountered a
CRS with the low seat back—may
interact in a fully energized state with
the child’s head as the bag comes over
the top of the CRS seat back. NHTSA
sought to ensure that the CRSs in
Subpart B would ensure that children
would not be subjected to unreasonable
safety risks from LRD systems. We
included in Appendix A rear-facing and
convertible CRSs with seat back heights
that range from 12.75 to 27 in.9 10 The
rear-facing CRSs we are proposing to
add to the appendix diversify the
spectrum of seat back heights.
2. Handles and Sunshields
Features such as handles and
sunshields of a rear-facing CRS may
complicate and challenge the sensing
operation of advanced air bag systems.
To ensure that advanced air bags
perform well with all types of rearfacing CRSs, we believe that the systems
should be tested with rear-facing CRSs
that have handles and sunshields. All
9 The upper end of the spectrum (27 in)
represents convertible CRSs, which have higher seat
back heights than rear-facing-only CRSs.
10 The height measurement used for the rearfacing CRSs is the height with their base.
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rear-facing CRSs currently listed in the
appendix have handles, and five (5) of
the seven (7) rear-facing CRSs in the
appendix have sunshields. The two
rear-facing seats we are proposing to
add to the appendix both have handles
and sunshields. (We intend to adjust the
handles and sunshields to the positions
specified in the standard to ensure the
robustness of the advanced air bag
system.)
3. Non-LATCH Child Restraints
Today’s NPRM would replace some of
the older non-LATCH CRSs in
Appendix A with new LATCHequipped CRSs. At the time of the
November 19, 2003 final rule, the
agency decided against replacing all the
restraints with new LATCH restraints
because it was thought at the time that
such an amendment would have been a
drastic change and would fail to account
for the non-LATCH seats that were still
being widely used. For today’s NPRM,
we did not find overriding reasons for
retaining the non-LATCH CRSs we are
proposing to delete in this NPRM. When
the LATCH requirement became
effective in 2002 for child restraints, it
does not appear that CRS manufacturers
changed CRS structures or designs.
Accordingly, when tested in a condition
where the LATCH restraints are not
attached to the vehicle, both
suppression and LRD systems would
react to LATCH and non-LATCH CRSs
similarly.
III. Proposed Changes
After considering the factors for
decision-making discussed in the
previous section of this preamble, we
made tentative decisions about which
CRSs should be replaced in Appendix A
and which should remain. The
following sections will discuss our
proposed deletions and additions, along
with corresponding rationale for these
proposals.11 Some CRSs undergo annual
cosmetic changes that result in different
model numbers for the new version. We
are aware of one CRS that we are
proposing to add that will likely change
model numbers before the publication
of a final rule. Therefore, the model
numbers of CRSs in this NPRM will be
reviewed and updated to reflect the
latest information available from CRS
manufacturers prior to publication of a
final rule.
The agency proposes to delete six (6)
existing CRSs and to add five (5) new
CRSs. Below is Table 1 summarizing the
proposed changes to the appendix.
TABLE 1.—SUMMARY OF PROPOSED DELETIONS AND ADDITIONS TO APPENDIX A
Name
Appendix
subpart
Type
DELETIONS
Britax Handle With Care #191 ..................................................
Century Assura #4553 ...............................................................
Century Encore #4612 ..............................................................
Cosco Olympian #02803 ...........................................................
Safety 1st Comfort Ride #22–400 .............................................
Britax Expressway ISOFIX ........................................................
Rear-Facing ..............................................................................
Rear-Facing ..............................................................................
Convertible ...............................................................................
Convertible ...............................................................................
Convertible ...............................................................................
Forward-Facing ........................................................................
B
B
C
C
C
C
ADDITIONS
Graco Snugride .........................................................................
Peg Perego Viaggio #IMCC00US .............................................
Cosco Summit DX #22–260 ......................................................
Evenflo Generations #352 .........................................................
Graco Safeseat (Step 2) ...........................................................
a. Deletions
Our proposed deletions were based
generally on which CRSs did not offer
any unique characteristics, those that
were produced in the smallest
quantities, or those that have not been
in production for some time. If we
eliminated a CRS that offered a unique
characteristic, we made an attempt to
replace it with a similar CRS.
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1. Deletion of the Britax Handle With
Care 191 From Subpart B
The Britax Handle with Care 191 was
one of the original CRSs listed in the
appendix. The Handle with Care 191 is
a rear-facing infant restraint seat with a
five-point harness and no base. Because
it is not LATCH-compatible, Britax
discontinued this CRS on September 1,
11 We noted in the November 2003 FMVSS No.
208 final rule that our periodic review of the child
restraints in the appendix may cause the number of
CRSs contained therein to change slightly as we
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Rear-Facing ..............................................................................
Rear-Facing ..............................................................................
Forward-Facing ........................................................................
Convertible ...............................................................................
Combination .............................................................................
B
B
C
C
C
2002 with the introduction of LATCH
systems. Of all the rear-facing CRSs in
Appendix A, it was the lightest (7.9 lb)
and the CRS with the lowest production
total. Some consumer Web sites report
that few consumers purchased this CRS
due to it not having a base and its high
cost.12
After considering these findings, we
tentatively conclude that this CRS is not
representative of today’s CRS fleet, nor
does it offer any unique characteristics
that are not already adequately
represented in other seats remaining in
or being added to the appendix (it is not
an outlier). Accordingly, we propose its
deletion from Appendix A.
2. Deletion of the Century Assura 4553
From Subpart B
identify different trends in the use of CRSs from
prior periods. We believed that the number of CRSs
should not vary by more than 10–20 percent absent
any dramatic changes in the design of restraints.
12 https://www.windsorpeak.com/babybargains/
bonus10.html and https://www.epinions.com/kifmreview-79DA-ACFDDA7-39C15E10-prod1.
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The Century Assura 4553 rear-facing
CRS is representative of CRSs in today’s
market. However, there are CRSs on the
appendix with similar characteristics
which are more available than this CRS.
This CRS was discontinued in 2002 and
relatively few were ever produced. It
became apparent during the collection
of data for the CRSs currently in the
appendix that the Century Assura was
the same CRS as the Century Smart Fit
minus the base. Accordingly, we
tentatively conclude that this CRS
should be deleted from Appendix A.
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3. Deletion of the Century (Graco)
Encore 4612 From Subpart C
Graco discontinued this convertible
CRS in 2001. Very few of these units
were ever produced relative to other
convertible CRSs. This CRS offers no
unique dimensional or weight (mass)
characteristics nor does it have a unique
footprint when compared to other CRSs
in the appendix. Therefore, we propose
deleting this CRS from Subpart C of the
appendix.
4. Deletion of the Cosco Olympian 02–
803 and the Safety First Comfort Ride
22–400 From Subpart C
Each of the Cosco Olympian 02–803
and the Safety First Comfort Ride 22–
400 is a convertible CRS with a 5-point
harness. It became apparent during the
collection of data for the CRSs currently
in the appendix that the Cosco Touriva
02–519, Cosco Olympian 02–803, and
Safety 1st Comfort Ride 22–400 were the
same CRS with minor cosmetic changes.
After confirming this with Dorel
Juvenile Group (DJG), the manufacturer
of the restraints, it was determined that
these three CRSs came from the same
manufacturing shell and were just
cosmetically altered. To eliminate the
redundancy in Appendix A testing, we
propose deleting from the appendix the
two CRSs with the lowest production
totals, which would be the Cosco
Olympian and the Safety 1st Comfort
Ride.
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5. Deletion of the Britax Expressway
ISOFIX From Subpart C
Although located in Subpart C of
Appendix A, the Britax Expressway
ISOFIX is a forward-facing only CRS
and not a convertible. This child
restraint was one of the two LATCHequipped CRSs added by the November
19, 2003, FMVSS No. 208 final rule. On
March 20, 2006, the Alliance petitioned
NHTSA to remove the Britax
Expressway CRS from Appendix A,
arguing that the CRS is no longer
available on the market, few were sold,
and because its inclusion is inconsistent
with the principles and criteria that the
agency announced that it would use to
select CRSs for Appendix A.13 NHTSA
13 The Alliance also stated that there is ambiguity
relating to this CRS because when it was added to
the appendix there were discrepancies in the final
regulatory text. First, the agency placed this CRS in
Section C even though it is not a convertible CRS.
In the final rule dated August 20, 2004 (69 FR
51602) we stated that, ‘‘Consistent with the goal of
reflecting real world misuse, we will test the Britax
ISOFIX Expressway in both directions.’’ Second,
when it was added to the appendix, this CRS was
listed as the ‘‘Britax Expressway ISOFIX,’’ yet in the
August 20, 2004 final rule, when we amended
Subpart C and Subpart D to describe more
accurately the CRSs that are in those subparts, we
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has denied the Alliance’s petition
(NHTSA Docket 28707), stating that
NHTSA would rather take a
comprehensive evaluation of the CRSs
in Appendix A in deciding whether the
Britax Expressway ISOFIX should be
included in the appendix, rather than
focus solely on the one CRS alone.
Today’s NPRM is a result of the agency’s
comprehensive evaluation of Appendix
A.
After analyzing the data collected on
the Britax Expressway ISOFIX, we
determined that there are several factors
that argue that the CRS should be
maintained in the appendix. First, with
respect to mass and dimensions, this
CRS could be considered an outlier and
thus a potential challenge to
suppression systems. It is the heaviest
forward-facing CRS listed in the
appendix (18.6 lb with the base). It also
has a wide flat base that gives it a large
footprint. It has the highest base outer
width measurement of the 9 forwardfacing CRSs listed (13 in). Finally, it has
a unique rigid LATCH design, i.e., it
uses rigid, fixed metal components
rather than a flexible strap to attach the
CRS to the vehicle’s LATCH lower
anchors.
At the same time, however, there are
factors that have resulted in our
tentative decision to remove this CRS
from the appendix. In terms of sales,
this CRS was never a high sales volume
model. The Alliance’s March 2006
petition states that only several hundred
units were imported into the U.S., the
majority of which were used for testing
and evaluation purposes, not for retail
sale. Furthermore, this CRS is no longer
available for distribution. The agency
has also tentatively determined that it
would be acceptable to remove the
Britax Expressway ISOFIX from the
appendix because, at its extremely low
sales volume, the CRS is not reasonably
represented on the road today. Even as
a dimensional and weight outlier, its
inclusion is not warranted at such an
insignificant level of field presence. For
the reasons given above, we propose
deleting the Britax Expressway ISOFIX
from Appendix A. Furthermore, in this
NPRM, the agency is proposing to add
a CRS of similarly heavy weight and
another that has a similarly large
footprint to the appendix. Thus, these
outlier characteristics are being
maintained in the appendix with seats
that are much more widely available.
listed this CRS as the ‘‘Britax Expressway.’’ This
caused confusion because in the preamble of the
2004 final rule, it was still referred to as the ‘‘Britax
Expressway ISOFIX,’’ and NHTSA never made a
technical correction that explained that we
inadvertently dropped the ISOFIX designation in
the 2004 final rule regulatory text.
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b. Additions
We sought to include more LATCHequipped CRSs in the appendix, while
recognizing that testing and compliance
burdens are impacted each time a CRS
in the appendix is changed. Including
more LATCH CRSs is believed to be
necessary since we had not modified the
appendix since November 2003 and
only two CRSs listed in the appendix
have LATCH attachments, while all
CRSs manufactured after September 1,
2002 have been required to have LATCH
attachments.
1. Addition of the Graco Snugride #8643
to Subpart B
The Graco Snugride is a rear-facing
infant CRS, with a detachable base,
flexible LATCH attachments and a 5point safety harness. This CRS is
extremely popular and is one of the
highest produced rear-facing CRSs in
the U.S. It is also among the lightest
rear-facing CRSs in the 2006 EOU
program. The weight of the Snugride is
11.2 lb with its base (compared to an
average weight of 12.1 lb for rear-facing
CRSs in the 2006 EOU program) and 6.1
lb without its base (compared to the
average weight of 7.7 lb for similar seats
in the 2006 EOU program). We
tentatively conclude that the Graco
Snugride would be a good replacement
for the Britax Handle with Care in terms
of its light weight.
Its height and width dimensions make
the Snugride representative of the
average rear-facing CRS in today’s
market. The average height and average
outer base width dimensions for the
rear-facing CRSs, with bases, in the 2006
EOU program are 17.9 in and 10.7 in,
respectively. The height and outer base
width dimensions of the Graco Snugride
with its base are 16 in and 10.5 in,
respectively. Because the Snugride
appears to be representative of today’s
CRS fleet, we propose adding it to
Subpart B of Appendix A.
2. Addition of the Peg Perego Primo
Viaggio #IMCC00US to Subpart B
The Peg Perego Primo Viaggio is a
rear-facing infant CRS, with a
detachable base, flexible LATCH
attachments and a 5-point safety
harness. It weighs 18.8 lb with its base
and 11.2 lb without its base, making it
heavier than any of the rear-facing CRSs
currently listed in the appendix 14 and
is significantly heavier than the average
rear-facing CRSs in the 2006 EOU
program (12.1 lb with the base and 7.7
14 The heaviest CRS currently in the appendix is
the Britax Expressway ISOFIX that weighs 18.6 lb.
The heaviest rear-facing CRS in the appendix is the
Century SmartFit that weighs 10.6 lb.
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lb without the base). Its base depth and
width dimensions (19 in and 15.5 in,
respectively) are significantly larger
than the average base depth and width
of the rear-facing CRSs in the 2006 EOU
program (12.8 in and 11.7 in,
respectively). For testing purposes, this
CRS is also noteworthy because of the
flatness of its footprint (see Technical
Assessment, in docket for this NPRM).
Its footprint appears unique among rearfacing CRSs in the EOU data.
Based on our analysis of the data, we
believe that this CRS is somewhat of an
outlier in terms of its dimensions and by
having a unique footprint. Therefore, we
propose adding this restraint to Subpart
B of Appendix A.
3. Addition of the Cosco Summit Deluxe
#22–260 to Subpart C
The Cosco Summit Deluxe is a
forward-facing-only combination CRS
with flexible LATCH attachments and a
5-point safety harness. It weighs 15.2 lb,
which is just slightly over the 14 lb
average weight of the forward-facing
CRSs in the 2006 EOU program. It is
28.5 in tall, making it taller than any of
the forward-facing CRSs currently in the
appendix, the tallest of which is the
Evenflo Horizon V at 27 in. The Cosco
Summit Deluxe also has a large base
with a width of 19.5 in and a depth of
18 in. This base width and depth
measurements are significantly wider
and deeper than the average base width
and depth for the forward-facing CRSs
in the 2006 EOU program (12.8 in and
14.9 in, respectively). After
consideration of these factors, we
tentatively conclude that this CRS
would be a good replacement for the
Britax Expressway ISOFIX in terms of
its wide base and height. Therefore, we
propose including the Cosco Summit
Deluxe in Subpart C of Appendix A.
4. Addition of the Graco SafeSeat (Step
2) #8B02 to Subpart C
The Graco SafeSeat (Step 2) is a
forward-facing only CRS with flexible
LATCH attachments and a 5-point safety
harness. It is among the heavier
forward-facing CRSs on the market. It
weighs 21 lb (the average weight of the
forward-facing CRSs in the 2006 EOU
program is 14 lb). Its height, base width,
and base depth measurements are 27.5
in, 15.5 in, and 15 in respectively,
compared to the average height, base
width, and base depth of 26 in, 12.8 in,
and 14.9 in, respectively, for the
forward-facing CRSs in the 2006 EOU
program. As shown in the technical
assessment accompanying this NPRM,
the SafeSeat (Step 2) has a unique base
configuration because of its relative
flatness, and thus has a unique
footprint. There are no forward-facing
CRSs currently listed on the appendix
with a similar footprint, and there
would be no remaining forward-facingonly CRSs if the Britax Expressway
ISOFIX were to be removed from the
appendix. Based on our analysis, we
tentatively conclude that this CRS is
somewhat of an outlier because of its
weight and unique footprint. We believe
that if the Britax Expressway ISOFIX
were deleted, a CRS with a similar or
heavier weight should be added, and
that this CRS appears to meet that need.
Therefore, we propose adding the Graco
SafeSeat (Step 2) to Subpart C of
Appendix A.
5. Addition of the Evenflo Generations
#352 to Subpart C
The Evenflo Generations is a
convertible CRS, with flexible LATCH
attachments, and a 5-point safety
harness. It is among the lighter forwardfacing CRSs in today’s market. It weighs
11.7 lb (the average weight of the
forward-facing CRSs in the 2006 EOU
program is 14 lb). Its height (25 in), base
width (10.75 in), and base depth (26 in)
appear to be representative of the
average height (26 in), base width (12.8
in), and base depth (14.9 in) of the
forward-facing CRSs in the 2006 EOU
program. Its footprint appears to be
unique, as shown in the docketed
technical assessment. Also, the footprint
in the forward-facing mode is different
than the footprint in the rear-facing
mode. Because this CRS appears to be
an outlier due to its low weight and
unique footprint, we propose adding the
Evenflo Generations to Section C of
Appendix A.
c. Updating Other CRSs in Appendix A
Comments are requested on changing
other CRSs in Appendix A. Mindful of
54407
compliance burdens and the agency’s
statement in the September 2003 final
rule that NHTSA anticipates changing
not more than 10–20 percent of the
CRSs in Appendix A in periodic
updates of the appendix, these changes
are of secondary importance to us
compared to the proposed changes of
the previous sections, and primarily
would simply update the older CRSs in
the appendix with newer model CRSs
that have the same main physical
features as the older restraints.
However, it has been nearly 4 years
since Appendix A was changed, and
with many of the CRSs in the appendix
no longer for sale and hard to find,
NHTSA would like to take this
opportunity to ask for comments on the
possible updates to the CRSs as listed in
the table below (see technical
assessment for data and pictures) and
the compliance burdens associated with
making these additional changes to
Appendix A.
To obtain information on whether
CRSs in Appendix A could be replaced
by newer, more available models with
the same relevant physical features as
the Appendix A child restraints, we
contacted each manufacturer of the
listed CRS and asked which of their
more recently-produced CRS could be
considered an equivalent replacement
for the Appendix A CRS. With one
exception discussed below related to the
Cosco Dream Ride car bed,
manufacturers were able to suggest a
possible replacement. (The technical
assessment lists the Appendix A
replacement CRSs identified by the CRS
manufacturers.) With this information
on possible replacement CRSs for
Appendix A, we decided that the CRSs
in the Appendix that have been out of
production the longest (i.e., the hardest
CRSs to acquire for testing purposes)
should be ones we first replace with
newer-model CRSs. Those CRSs which
we are considering replacing with the
newer-model restraints are set forth
below in Table 2 for comment. If the
comments on this issue indicate that
making these updates in this rulemaking
is warranted, we could include these
additional changes to Appendix A in
the final rule following today’s NPRM.
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TABLE 2.—CRSS THAT COULD BE REPLACED WITH SIMILAR, MORE RECENTLY-PRODUCED RESTRAINTS, AND WHAT
THOSE REPLACEMENTS SHOULD BE
CRS in
Appendix A
Type of CRS
Cosco Dream Ride .......................
Cosco Arriva 02–727 ....................
Britax Roundabout ........................
Century Encore .............................
Car bed .........................................
Rear-facing ...................................
Convertible ....................................
Convertible ....................................
Appendix A subpart
A
B
C
C
..........................................
..........................................
.........................................
.........................................
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E:\FR\FM\25SEP1.SGM
Replacement
Angel Guard Angel Ride #AA2403FOF.
Cosco Arriva #22–013.
Britax Roundabout #E9L02.
Graco ComfortSport.
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TABLE 2.—CRSS THAT COULD BE REPLACED WITH SIMILAR, MORE RECENTLY-PRODUCED RESTRAINTS, AND WHAT
THOSE REPLACEMENTS SHOULD BE—Continued
Appendix A subpart
CRS in
Appendix A
Type of CRS
C .........................................
D .........................................
D .........................................
Evenflo Horizon V .........................
Century Next Step ........................
Cosco High Back Booster ............
Convertible ....................................
Combination ..................................
Booster .........................................
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Cosco Dream Ride Car Bed (Subpart A)
Subpart A of the appendix lists a car
bed, the Cosco Dream Ride, which is no
longer being manufactured for retail
sale. Cosco was unable to suggest a
replacement for this CRS because the
manufacturer no longer sells car beds to
the general public (the CRS is
manufactured and sold mainly for
special needs accounts). After
consulting with the major CRS
manufacturers, we only found one
additional car bed that is being
manufactured. We are proposing this
latter one as our replacement choice
because it is being made available to the
general public. NHTSA seeks comments
on replacing the Cosco Dream Ride with
the Angel Guard Angel Ride.
Measurements and pictures of this CRS
are set forth in the technical assessment.
IV. Proposed Compliance Dates
Consistent with statements NHTSA
made in the November 19, 2003 FMVSS
No. 208 final rule regarding lead time
(68 FR at 65188), the agency proposes
that (except as noted below for the
Britax Expressway ISOFIX) the
compliance date for the proposed
changes to Appendix A be the next
model year introduced one year after
publication of a final rule modifying
Appendix A. The lead time would be
sufficiently long to provide vehicle
manufacturers time to procure the
needed child restraints, test vehicles,
and certify the air bag systems to
FMVSS No. 208, while ensuring the
satisfactory performance of vehicles’
suppression and LRD systems in an
expeditious manner.
Regarding the Britax Expressway
ISOFIX, we have tentatively determined
this CRS to be exceptionally uncommon
in the U.S. and very difficult to obtain.
For those reasons, we propose that this
CRS be removed from Appendix A
effective on the date of publication of
the final rule.
This NPRM also proposes to permit
manufacturers the option of early
compliance with the amended list, i.e.,
they may choose to certify their vehicles
with the updated Appendix A prior to
the effective date of the provision, as
long as the manufacturer notifies the
agency that it is exercising this option.
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However, NHTSA proposes that
manufacturers choosing the early
compliance option would not be
permitted to pick and choose among the
CRSs that would be newly added by the
final rule. Vehicle manufacturers
choosing the early compliance option
would have to ensure that their vehicles
meet the advanced air bag requirements
when NHTSA uses all of the newlyadded CRSs (along with the CRSs that
were not affected by the amendment);
they may not certify with some, but not
all of the newly-added restraints. The
reason for this limitation would be to
maintain the integrity of the appendix.
The Appendix A CRSs are each a part
of a comprehensive set. Each CRS in the
appendix was selected for a reason,
meeting a need not met by other CRSs
in the appendix. Picking and choosing
among the CRSs could leave a need
unmet and an important performance
aspect of an advanced air bag system
unexplored.
V. Clarity of the Tables in Appendix A
This NPRM would reformat the tables
of Appendix A to improve the clarity
and simplicity of the tables. NHTSA
believes that the current format of the
tables might not be optimal in reflecting
future and more frequent updates to the
Appendix. Comments are requested on
how the plain meaning of the tables
could be further improved.
VI. Public Participation
How do I prepare and submit
comments?
Your comments must be written and
in English. To ensure that your
comments are correctly filed in the
Docket, please include the docket
number of this document in your
comments.
Your comments must not be more
than 15 pages long. (49 CFR 553.21.) We
established this limit to encourage you
to write your primary comments in a
concise fashion. However, you may
attach necessary additional documents
to your comments. There is no limit on
the length of the attachments.
Please submit two copies of your
comments, including the attachments,
to Docket Management at the address
given above under ADDRESSES.
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Replacement
Evenflo Tribute 5 Deluxe #379.
Graco Cherished Cargo.
Cosco Hi Back Booster #22–209.
Comments may also be submitted to
the docket electronically by logging onto
the Docket Management System Web
site at https://dms.dot.gov. Click on
‘‘Help & Information’’ or ‘‘Help/Info’’ to
obtain instructions for filing the
document electronically. If you are
submitting comments electronically as a
PDF (Adobe) file, we ask that the
documents submitted be scanned using
Optical Character Recognition (OCR)
process, thus allowing the agency to
search and copy certain portions of your
submissions.15
Please note that pursuant to the Data
Quality Act, in order for substantive
data to be relied upon and used by the
agency, it must meet the information
quality standards set forth in the OMB
and DOT Data Quality Act guidelines.
Accordingly, we encourage you to
consult the guidelines in preparing your
comments. OMB’s guidelines may be
accessed at https://www.whitehouse.gov/
omb/fedreg/reproducible.html. DOT’s
guidelines may be accessed at https://
dmses.dot.gov/submit/
DataQualityGuidelines.pdf.
How can I be sure that my comments
were received?
If you wish Docket Management to
notify you upon its receipt of your
comments, enclose a self-addressed,
stamped postcard in the envelope
containing your comments. Upon
receiving your comments, Docket
Management will return the postcard by
mail.
How do I submit confidential business
information?
If you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
15 Optical character recognition (OCR) is the
process of converting an image of text, such as a
scanned paper document or electronic fax file, into
computer-editable text.
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Management at the address given above
under ADDRESSES. When you send a
comment containing information
claimed to be confidential business
information, you should include a cover
letter setting forth the information
specified in our confidential business
information regulation. (49 CFR part
512.)
Will the agency consider late
comments?
We will consider all comments that
Docket Management receives before the
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we will
also consider comments that Docket
Management receives after that date. If
Docket Management receives a comment
too late for us to consider in developing
a final rule (assuming that one is
issued), we will consider that comment
as an informal suggestion for future
rulemaking action.
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How can I read the comments submitted
by other people?
You may read the comments received
by Docket Management at the address
given above under ADDRESSES. The
hours of the Docket are indicated above
in the same location. You may also see
the comments on the Internet. To read
the comments on the Internet, take the
following steps:
(1) Go to the Docket Management
System (DMS) Web page of the
Department of Transportation (https://
dms.dot.gov/).
(2) On that page, click on ‘‘Simple
Search.’’
(3) On the next page (https://dms.dot.
gov/search/), type in the four-digit
docket number shown at the beginning
of this document. Example: If the docket
number were ‘‘NHTSA–2007–1234,’’
you would type ‘‘1234.’’ After typing the
docket number, click on ‘‘Search.’’
(4) On the next page, which contains
docket summary information for the
docket you selected, click on the desired
comments. You may download the
comments. However, since the
comments are imaged documents,
instead of word processing documents,
the downloaded comments are not word
searchable.
Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically check the Docket for new
material.
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VII. Rulemaking Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This rulemaking document was not
reviewed by the Office of Management
and Budget under E.O. 12866. It is not
considered to be significant under E.O.
12866 or the Department’s Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979). The costs and
benefits of advanced air bags are
discussed in the agency’s Final
Economic Assessment for the May 2000
final rule (Docket 7013). The cost and
benefit analysis provided in that
document would not be affected by this
NPRM, since this NPRM only adjusts
and updates the CRSs used in test
procedures of that final rule. The
minimal impacts of today’s amendment
do not warrant preparation of a
regulatory evaluation.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
NHTSA has evaluated the effects of this
action on small entities. I hereby certify
that this proposed rule would not have
a significant impact on a substantial
number of small entities. The NPRM
would affect motor vehicle
manufacturers, multistage
manufacturers and alterers, but the
entities that qualify as small businesses
would not be significantly affected by
this rulemaking because they are
already required to comply with the
advanced air bag requirements. This
final rule does not establish new
requirements, but instead only adjusts
and updates the CRSs used in test
procedures of that final rule.
Executive Order 13132
NHTSA has examined today’s NPRM
pursuant to Executive Order 13132 (64
FR 43255, August 10, 1999) and
concluded that no additional
consultation with States, local
governments or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the rulemaking would not have
federalism implications because a final
rule, if issued, would 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.’’
Further, no consultation is needed to
discuss the preemptive effect of today’s
rulemaking. NHTSA rules can have
preemptive effect in at least two ways.
First, the National Traffic and Motor
Vehicle Safety Act contains an express
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54409
preemptive provision: ‘‘When a motor
vehicle safety standard is in effect under
this chapter, a State or a political
subdivision of a State may prescribe or
continue in effect a standard applicable
to the same aspect of performance of a
motor vehicle or motor vehicle
equipment only if the standard is
identical to the standard prescribed
under this chapter.’’ 49 U.S.C.
30103(b)(1). It is this statutory command
that preempts State law, not today’s
rulemaking, so consultation would be
inappropriate.
In addition to the express preemption
noted above, the Supreme Court has
also recognized that State requirements
imposed on motor vehicle
manufacturers, including sanctions
imposed by State tort law, can stand as
an obstacle to the accomplishment and
execution of a NHTSA safety standard.
When such a conflict is discerned, the
Supremacy Clause of the Constitution
makes their State requirements
unenforceable. See Geier v. American
Honda Motor Co., 529 U.S. 861 (2000).
NHTSA has not outlined such potential
State requirements in today’s
rulemaking, however, in part because
such conflicts can arise in varied
contexts, but it is conceivable that such
a conflict may become clear through
subsequent experience with today’s
standard and test regime. NHTSA may
opine on such conflicts in the future, if
warranted. See id. at 883–86.
National Environmental Policy Act
NHTSA has analyzed this NPRM for
the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action would not have any
significant impact on the quality of the
human environment.
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. This NPRM
would not establish any new
information collection requirements.
National Technology Transfer and
Advancement Act
Under the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104–113), ‘‘all Federal
agencies and departments shall use
technical standards that are developed
or adopted by voluntary consensus
standards bodies, using such technical
standards as a means to carry out policy
objectives or activities determined by
the agencies and departments.’’ There
E:\FR\FM\25SEP1.SGM
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54410
Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Proposed Rules
are no voluntary consensus standards
that address the CRSs that should be
included in Appendix A.
Executive Order 12988
With respect to the review of the
promulgation of a new regulation,
section 3(b) of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996) requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect; (2) clearly specifies
the effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct, while
promoting simplification and burden
reduction; (4) clearly specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. This document is consistent
with that requirement.
Pursuant to this Order, NHTSA notes
as follows. The preemptive effect of this
proposed rule is discussed above.
NHTSA notes further that there is no
requirement that individuals submit a
petition for reconsideration or pursue
other administrative proceedings before
they may file suit in court.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a
written assessment of the costs, benefits
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
1995). This NPRM would not result in
expenditures by State, local or tribal
governments, in the aggregate, or by the
private sector in excess of $100 million
annually.
Executive Order 13045
Executive Order 13045 (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under E.O.
12866, and (2) concerns an
environmental, health, or safety risk that
NHTSA has reason to believe may have
a disproportionate effect on children.
This rulemaking is not subject to the
Executive Order because it is not
economically significant as defined in
E.O. 12866.
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.
Executive Order 13211
Executive Order 13211 (66 FR 28355,
May 18, 2001) applies to any
rulemaking that: (1) Is determined to be
economically significant as defined
under E.O. 12866, and is likely to have
a significantly adverse effect on the
supply of, distribution of, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. This
rulemaking is not subject to E.O. 13211.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–19478).
Plain Language
Executive Order 12866 and the
President’s memorandum of June 1,
1998, require each agency to write all
rules in plain language. Application of
the principles of plain language
includes consideration of the following
questions:
• Have we organized the material to
suit the public’s needs?
• Are the requirements in the rule
clearly stated?
• Does the rule contain technical
language or jargon that isn’t clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rule easier to understand?
If you have any responses to these
questions, please include them in your
comments on this proposal.
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
Privacy Act
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, and Tires.
In consideration of the foregoing,
NHTSA proposes to amend 49 CFR part
571 as set forth below.
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
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.
2. Section 571.208 is amended by
revising items A through D of Appendix
A. Figures A1 and A2 at the end of
Appendix A are not revised.
The revised text reads as follows:
§ 571.208 Standard No. 208; Occupant
crash protection.
*
*
*
*
*
Appendix A to § 571.208—Selection of
Child Restraint Systems
A. The following car bed, manufactured on
or after December 1, 1999, may be used by
the National Highway Traffic Safety
Administration to test the suppression
system of a vehicle that is manufactured on
or after the effective date and prior to the
termination date specified in the table below
and that has been certified as being in
compliance with 49 CFR 571.208 S19:
Effective date
yshivers on PROD1PC62 with PROPOSALS
Cosco Dream Ride 02–719 .....................................................................................................................................
Termination
date
1/17/2002
*
* Until further notice, any vehicle manufactured after the effective date specified is still subject to testing with this child restraint system.
B. Any of the following rear-facing child
restraint systems, manufactured on or after
December 1, 1999, may be used by the
National Highway Traffic Safety
Administration to test the suppression or low
VerDate Aug<31>2005
15:19 Sep 24, 2007
Jkt 211001
risk deployment (LRD) system of a vehicle
that is manufactured on or after the effective
date and prior to the termination date
specified in the table below and that has been
certified as being in compliance with 49 CFR
PO 00000
Frm 00026
Fmt 4702
Sfmt 4700
571.208 S19. When the restraint system
comes equipped with a removable base, the
test may be run either with the base attached
or without the base.
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54411
Effective date
Britax Handle with Care 191 ...................................................................................................................................
Evenflo First Choice 204 .........................................................................................................................................
Graco Infant 8457 ....................................................................................................................................................
Century Assura 4553 ...............................................................................................................................................
Century Smart Fit 4543 ...........................................................................................................................................
Cosco Arriva 02727 .................................................................................................................................................
Evenflo Discovery Adjust Right 212 ........................................................................................................................
Peg Perego Primo Viaggio IMCC00US ...................................................................................................................
Graco Snugride ........................................................................................................................................................
Termination
date
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
9/1/2009
9/1/2009
9/1/2009
*
*
9/1/2009
*
*
*
*
*
* Until further notice, any vehicle manufactured after the effective date specified is still subject to testing with this child restraint system.
C. Any of the following forward-facing
child restraint systems, and forward-facing
child restraint systems that also convert to
rear-facing, manufactured on or after
December 1, 1999, may be used by the
National Highway Traffic Safety
Administration to test the suppression or
LRD system of a vehicle that is manufactured
on or after the effective date and prior to the
termination date specified in the table below
and that has been certified as being in
compliance with 49 CFR 571.208 S19, or S21.
(Note: Any child restraint listed in this
subpart that does not have manufacturer
instructions for using it in a rear-facing
position is excluded from use in testing in a
belted rear-facing configuration under
S20.2.1.1(a) and S20.4.2):
Effective date
Century Encore 4612 ...............................................................................................................................................
Cosco Olympian 02803 ...........................................................................................................................................
Britax Roundabout 161 ............................................................................................................................................
Century STE 1000 4416 ..........................................................................................................................................
Cosco Touriva 02519 ..............................................................................................................................................
Evenflo Horizon V 425 .............................................................................................................................................
Evenflo Medallion 254 .............................................................................................................................................
Safety 1st Comfort Ride 22–400 .............................................................................................................................
Cosco Summit Deluxe 22–260 ................................................................................................................................
Evenflo Generations 352 .........................................................................................................................................
Graco SafeSeat (Step 2) .........................................................................................................................................
Termination
date
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
1/17/2002
9/1/2008
9/1/2009
9/1/2009
9/1/2009
9/1/2009
9/1/2009
*
*
*
*
*
9/1/2009
*
*
*
* Until further notice, any vehicle manufactured after the effective date specified is still subject to testing with this child restraint system.
D. Any of the following forward-facing
child restraint systems and belt-positioning
seats, manufactured on or after December 1,
1999, may be used by the National Highway
Traffic Safety Administration as test devices
to test the suppression system of a vehicle
that is manufactured on or after the effective
date and prior to the termination date
specified in the table below and that has been
certified as being in compliance with 49 CFR
571.208 S21 or S23:
Effective date
Britax Roadster 9004 ...............................................................................................................................................
Century Next Step 4920 ..........................................................................................................................................
Cosco High Back Booster 02–442 ..........................................................................................................................
Evenflo Right Fit 245 ...............................................................................................................................................
Termination
date
1/17/2002
1/17/2002
1/17/2002
1/17/2002
*
*
*
*
* Until further notice, any vehicle manufactured after the effective date specified is still subject to testing with this child restraint system.
*
*
*
*
*
DEPARTMENT OF THE INTERIOR
Issued on September 14, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
Fish and Wildlife Service
[FR Doc. E7–18716 Filed 9–24–07; 8:45 am]
yshivers on PROD1PC62 with PROPOSALS
BILLING CODE 4910–59–P
50 CFR Part 17
RIN 1018–AU81
Endangered and Threatened Wildlife
and Plants; Revised Critical Habitat for
the Tidewater Goby (Eucyclogobius
newberryi)
AGENCY:
Fish and Wildlife Service,
Interior.
Proposed rule; reopening of
comment period, notice of availability
ACTION:
VerDate Aug<31>2005
15:19 Sep 24, 2007
Jkt 211001
of draft economic analysis, and
amended Required Determinations.
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the comment period on the
proposed revised designation of critical
habitat for the tidewater goby
(Eucyclogobius newberryi) under the
Endangered Species Act of 1973, as
amended (Act). We also announce the
availability of the draft economic
analysis of the proposed revised critical
habitat designation and an amended
Required Determinations section of the
proposal.
The draft economic analysis estimates
post-designation costs associated with
E:\FR\FM\25SEP1.SGM
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Agencies
[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Proposed Rules]
[Pages 54402-54411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2007-28710]
RIN 2127-AK02
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: NHTSA is proposing to amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, ``Occupant crash protection,'' to update the
child restraint systems (CRSs) listed in Appendix A of the standard.
The CRSs in Appendix A are used by NHTSA to test advanced air bag
suppression or low risk deployment systems, to ensure that the air bag
systems pose no reasonable safety risk to infants and small children in
the real world. The amendments proposed today would replace some CRSs
listed in Appendix A with CRSs that are more representative of the CRS
fleet currently on the market. The agency proposes to delete six
existing CRSs and to add five new CRSs. Since the appendix has not been
revised since 2003, NHTSA also seeks comment on whether seven other
CRSs in the appendix should be replaced with CRSs with essentially the
same features but more recently produced.
DATES: You should submit comments early enough to ensure that Docket
Management receives them not later than October 25, 2007. If adopted,
most of the amendments would be effective for the next model year
introduced one year after the publication of a final rule. Optional
early compliance would be permitted. See discussion under ``Proposed
Compliance Dates'' section in the preamble of this NPRM.
ADDRESSES: You may submit comments [identified by DOT Docket ID Number
28710] by any of the following methods:
If filing comments by September 27, 2007, please use:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the Department of Transportation Docket
Management System electronic docket site. No electronic submissions
will be accepted between September 28, 2007, and October 1, 2007.
If filing comments on or after October 1, 2007, use:
[[Page 54403]]
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to https://www.dms.dot.gov or https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov until September 27, 2007,
or the street address listed above. The DOT docket may be offline at
times between September 28 through September 30 to migrate to the
Federal Docket Management System (FDMS). On October 1, 2007, the
Internet access to the docket will be at https://www.regulations.gov.
Follow the online instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Ms. Carla Cuentas, Office of
Crashworthiness Standards, Light Duty Vehicle Division (telephone 202-
366-4583, fax 202-493-2739). For legal issues, contact Ms. Deirdre
Fujita, Office of Chief Counsel (telephone 202-366-2992, fax 202-366-
3820). You may send mail to these officials at the National Highway
Traffic Safety Administration, U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. In Deciding To Update Appendix A
a. Guiding Factors
b. Child Restraint Data
c. Additional Considerations
1. Seat Back Height
2. Handles and Sunshields
3. Non-LATCH Child Restraints
III. Proposed Changes
a. Deletions
1. Deletion of the Britax Handle With Care 191 From Subpart B
2. Deletion of the Century Assura 4553 From Subpart B
3. Deletion of the Century (Graco) Encore 4612 From Subpart C
4. Deletion of the Cosco Olympian 02-803 and the Safety First
Comfort Ride 22-400 From Subpart C
5. Deletion of the Britax Expressway ISOFIX From Subpart C
b. Additions
1. Addition of the Graco Snugride 8643 to Subpart B
2. Addition of the Peg Perego Primo Viaggio IMCC00US to
Subpart B
3. Addition of the Cosco Summit Deluxe 22-260 to
Subpart C
4. Addition of the Graco SafeSeat (Step 2) 8B02 to
Subpart C
5. Addition of the Evenflo Generations 352 to Subpart C
c. Updating Other CRSs in Appendix A
IV. Proposed Compliance Dates
V. Clarity of the Tables in Appendix A
VI. Public Participation
VII. Rulemaking Analyses and Notices
I. Background
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant
crash protection'' (49 CFR 571.208), requires light passenger vehicles
to be equipped with safety belts and frontal air bags for the
protection of vehicle occupants in crashes. While air bags have been
very effective in protecting people in moderate and high speed frontal
crashes, there have been instances in which they have caused serious or
fatal injuries to occupants who were very close to the air bag when it
deployed. On May 12, 2000, NHTSA published a final rule to require that
future air bags be designed to create less risk of serious air bag-
induced injuries than current air bags and provide improved frontal
crash protection for all occupants, by means that include advanced air
bag technology (``Advanced Air Bag Rule,'' 65 FR 30680, Docket No.
NHTSA 00-7013). Under the Advanced Air Bag Rule, to minimize the risk
to infants and small children from deploying air bags, manufacturers
may suppress an air bag in the presence of a child restraint system
(CRS) or provide a low risk deployment (LRD) system.\1\
---------------------------------------------------------------------------
\1\ The LRD option involves deployment of the air bag in the
presence of a Child Restraint Air Bag Interaction (CRABI) test
dummy, representing a 12-month-old child, in a rear-facing child
restraint.
---------------------------------------------------------------------------
To minimize the risk to children, manufacturers choosing to rely on
an air bag suppression system or LRD system must ensure that the
vehicle complies with the suppression or LRD requirements when tested
with the CRSs specified in Appendix A of the standard. As part of
ensuring the robustness of automatic air bag suppression and LRD
systems, NHTSA made sure that the appendix contained CRSs that
represented a large portion of the CRS market and CRSs with unique size
and weight characteristics. NHTSA also planned regular updates to
Appendix A.
On November 19, 2003, in response to petitions for reconsideration
of the May 2000 Advanced Air Bag Rule, the agency published a final
rule that revised Appendix A by adding two CRSs that were equipped with
components that attach to a vehicle's LATCH \2\ system (68 FR 65179,
Docket No. NHTSA 03-16476). Since September 1, 2002, CRSs have been
required by FMVSS No. 213, Child Restraint Systems (49 CFR Sec.
571.213), to have permanently-attached components that enable the CRS
to connect to a LATCH system on a vehicle. The addition of these
``LATCH-equipped'' CRSs to Appendix A was meant to keep the appendix
up-to-date in reflecting current CRS designs.\3\
---------------------------------------------------------------------------
\2\ ``LATCH'' stands for ``Lower Anchors and Tethers for
Children,'' a term that was developed by child restraint
manufacturers and retailers to refer to the standardized child
restraint anchorage system that vehicle manufacturers must install
in vehicles pursuant to FMVSS No. 225, Child Restraint Anchorage
Systems (49 CFR 571.225). The LATCH system is comprised of two lower
anchorages and one tether anchorage. Each lower anchorage is a rigid
round rod or bar onto which the connector of a child restraint
system can be attached. FMVSS No. 225 does not permit vehicle
manufacturers to install LATCH systems in front designated seating
positions unless the vehicle has an air bag on-off switch meeting
the requirements of S4.5.4 of FMVSS No. 208.
\3\ The compliance date for the provision specifying testing
with LATCH-equipped CRSs is September 1, 2008. Earlier dates were
delayed (69 FR 51598, Docket 18905; 71 FR 51129, Docket 21244)
because test procedures were not in place in FMVSS No. 208 to
install LATCH-equipped CRSs in a repeatable manner until this year.
---------------------------------------------------------------------------
CRSs in Appendix A
Appendix A is made up of four (4) subparts, subparts A through D.
Subpart A lists a car bed that can be used by the agency
to test the suppression system of a vehicle that is manufactured on or
after the effective date specified in Appendix A and that has been
certified as being in compliance with 49 CFR 571.208, S19.
Subpart B lists rear-facing CRSs that can be used by the
agency to test the
[[Page 54404]]
suppression system or the low risk deployment capabilities of a vehicle
that is manufactured on or after the effective date and prior to the
termination date specified in the appendix and that has been certified
as being in compliance with 49 CFR 571.208, S19.
Subpart C lists forward-facing toddler and forward-facing
convertible \4\ CRSs that can be used by the agency to test the
suppression system or the low risk deployment capabilities of a vehicle
that is manufactured on or after the effective date and prior to the
termination date specified in the appendix and that has been certified
as being in compliance with 49 CFR 571.208, S19 or S21.
---------------------------------------------------------------------------
\4\ A convertible CRS is one that converts from a rear-facing
seat to a forward-facing seat. A combination CRS is one that
converts from a forward-facing seat to a booster seat or a CRS that
is a convertible that can also be used as a booster.
---------------------------------------------------------------------------
Subpart D lists forward-facing toddler/belt positioning
booster systems and belt positioning booster systems that can be used
by the agency to test the suppression system capabilities of a vehicle
that is manufactured on or after the effective date and prior to the
termination date specified in the appendix and that has been certified
as being in compliance with 49 CFR 571.208, S21 or S23.
There are one (1) car bed, seven (7) rear-facing child restraint
systems, nine (9) forward-facing toddler and forward-facing convertible
CRSs \5\ and four (4) forward-facing toddler/belt positioning booster
systems currently listed and deemed ``effective'' (i.e., may be used in
compliance testing) in Appendix A.
---------------------------------------------------------------------------
\5\ Two of these nine forward-facing toddler and forward-facing
convertible CRSs are effective on September 1, 2008.
---------------------------------------------------------------------------
II. In Deciding To Update Appendix A
a. Guiding Factors
The November 2003 FMVSS No. 208 final rule discussed factors that
the agency considers in deciding whether Appendix A should be updated
(68 FR at 65188). NHTSA reviews the appendix to: Maintain a spectrum of
CRSs that is representative of the CRS population in production, ensure
that only relatively current restraints will be used for compliance
testing, determine the availability of the CRSs and determine any
change in design, other than those that are purely cosmetic. (If a
change to a CRS were clearly cosmetic, such as color scheme or
upholstery, the list would not be modified.) \6\ In considering whether
a particular restraint should be in Appendix A, the agency considers
whether the restraint--
\6\ We also stated that, in considering whether to amend the
appendix, we assess whether a variety of restraint manufacturers are
represented in the appendix, and whether a combination of restraints
are in the appendix. Id.
---------------------------------------------------------------------------
--Has mass and dimensions representative of many restraints on the
market,
--Has mass and dimensions representing outliers, and
--Has been a high sales volume model.
NHTSA evaluated data, discussed in the next section, and undertook
a systematic evaluation of the CRSs in Appendix A. We assessed child
restraint system dimensions, weight (mass) and sales volumes (based on
confidential manufacturers' data) to identify which CRSs have
dimensions that were representative of the average restraint in today's
market, and which were possible outliers, with dimensions, weight \7\
and/or footprints \8\ markedly outside of those of the ``average'' CRS.
In addition, the agency identified which CRSs had high production
totals and, therefore, likely to have the greatest market share
(highest sales volume).
---------------------------------------------------------------------------
\7\ Since the CRSs are used to test air bag suppression systems,
it was important to identify which CRSs were the lightest and
heaviest, and those that are representative of the average restraint
in today's market in terms of weight.
\8\ Some air bag suppression systems may have trouble sensing a
CRS if the footprint is shaped in a way that loads the air bag
suppression system sensors or load cells differently than the CRSs
for which the suppression system was designed to recognize.
---------------------------------------------------------------------------
b. Child Restraint Data
The data used for today's NPRM were obtained from CRS manufacturers
and NHTSA's Ease-of-Use (EOU) consumer information program. The
agency's EOU program started in 2002 in response to the Transportation
Recall Enhancement, Accountability, and Documentation (TREAD) Act,
which directed NHTSA to issue a notice to establish a child restraint
safety rating consumer information program to provide practicable,
readily understandable, and timely information to consumers for use in
making informed decisions in the purchase of child restraints. The EOU
program encourages CRS manufacturers to produce child restraints with
features that make it easier for consumers to use and install
correctly. The EOU program seeks to evaluate all CRSs available for
sale at retail outlets.
The 2006 EOU program assessed 99 different CRSs (including
carryover seats from the previous year that were not changed), selected
from 14 different manufacturers (Docket 25344). In addition to those 99
CRSs, data for the CRSs currently listed in Appendix A were also
collected during the 2006 EOU program. These data were used to
determine whether any changes to the appendix were warranted.
c. Additional Considerations
The agency also considered the following factors in considering
changes to Appendix A. NHTSA is interested in comments on the agency's
deliberations.
1. Seat Back Height
Automatic air bag suppression systems suppress the air bag when a
child or a child in a CRS is placed on the seat, and enable the air
bag's deployment if an adult occupies the seat. The threshold for
enabling the air bag's deployment is dependent on the design and
calibration of the suppression system used. The agency developed
Appendix A to include CRSs with a gamut of features that would robustly
assess vehicle suppression technologies.
With LRD systems for infants already being used in some vehicles,
the agency sought to include, in Subpart B of Appendix A, rear-facing
child restraints of varying seat back heights. It seemed especially
prudent to have CRSs with low seat back heights. For rear-facing CRSs
with relatively low seat back heights, an air bag mounted on the top of
the instrument panel may not encounter any reaction surface
(resistance) from the CRS seat back, so the air bag could be allowed to
fully pressurize. In the real world, the deploying air bag--whose
energy was not lowered because it encountered a CRS with the low seat
back--may interact in a fully energized state with the child's head as
the bag comes over the top of the CRS seat back. NHTSA sought to ensure
that the CRSs in Subpart B would ensure that children would not be
subjected to unreasonable safety risks from LRD systems. We included in
Appendix A rear-facing and convertible CRSs with seat back heights that
range from 12.75 to 27 in.9 10 The rear-facing CRSs we are
proposing to add to the appendix diversify the spectrum of seat back
heights.
---------------------------------------------------------------------------
\9\ The upper end of the spectrum (27 in) represents convertible
CRSs, which have higher seat back heights than rear-facing-only
CRSs.
\10\ The height measurement used for the rear-facing CRSs is the
height with their base.
---------------------------------------------------------------------------
2. Handles and Sunshields
Features such as handles and sunshields of a rear-facing CRS may
complicate and challenge the sensing operation of advanced air bag
systems. To ensure that advanced air bags perform well with all types
of rear-facing CRSs, we believe that the systems should be tested with
rear-facing CRSs that have handles and sunshields. All
[[Page 54405]]
rear-facing CRSs currently listed in the appendix have handles, and
five (5) of the seven (7) rear-facing CRSs in the appendix have
sunshields. The two rear-facing seats we are proposing to add to the
appendix both have handles and sunshields. (We intend to adjust the
handles and sunshields to the positions specified in the standard to
ensure the robustness of the advanced air bag system.)
3. Non-LATCH Child Restraints
Today's NPRM would replace some of the older non-LATCH CRSs in
Appendix A with new LATCH-equipped CRSs. At the time of the November
19, 2003 final rule, the agency decided against replacing all the
restraints with new LATCH restraints because it was thought at the time
that such an amendment would have been a drastic change and would fail
to account for the non-LATCH seats that were still being widely used.
For today's NPRM, we did not find overriding reasons for retaining the
non-LATCH CRSs we are proposing to delete in this NPRM. When the LATCH
requirement became effective in 2002 for child restraints, it does not
appear that CRS manufacturers changed CRS structures or designs.
Accordingly, when tested in a condition where the LATCH restraints are
not attached to the vehicle, both suppression and LRD systems would
react to LATCH and non-LATCH CRSs similarly.
III. Proposed Changes
After considering the factors for decision-making discussed in the
previous section of this preamble, we made tentative decisions about
which CRSs should be replaced in Appendix A and which should remain.
The following sections will discuss our proposed deletions and
additions, along with corresponding rationale for these proposals.\11\
Some CRSs undergo annual cosmetic changes that result in different
model numbers for the new version. We are aware of one CRS that we are
proposing to add that will likely change model numbers before the
publication of a final rule. Therefore, the model numbers of CRSs in
this NPRM will be reviewed and updated to reflect the latest
information available from CRS manufacturers prior to publication of a
final rule.
---------------------------------------------------------------------------
\11\ We noted in the November 2003 FMVSS No. 208 final rule that
our periodic review of the child restraints in the appendix may
cause the number of CRSs contained therein to change slightly as we
identify different trends in the use of CRSs from prior periods. We
believed that the number of CRSs should not vary by more than 10-20
percent absent any dramatic changes in the design of restraints.
---------------------------------------------------------------------------
The agency proposes to delete six (6) existing CRSs and to add five
(5) new CRSs. Below is Table 1 summarizing the proposed changes to the
appendix.
Table 1.--Summary of Proposed Deletions and Additions to Appendix A
------------------------------------------------------------------------
Name Type Appendix subpart
------------------------------------------------------------------------
DELETIONS
------------------------------------------------------------------------
Britax Handle With Care 191.
Century Assura 4553.. Rear-Facing...... B
Century Encore 4612.. Convertible...... C
Cosco Olympian 02803. Convertible...... C
Safety 1st Comfort Ride 22-400.
Britax Expressway ISOFIX...... Forward-Facing... C
------------------------------------------------------------------------
ADDITIONS
------------------------------------------------------------------------
Graco Snugride................ Rear-Facing...... B
Peg Perego Viaggio IMCC00US.
Cosco Summit DX 22- Forward-Facing... C
260.
Evenflo Generations 352.
Graco Safeseat (Step 2)....... Combination...... C
------------------------------------------------------------------------
a. Deletions
Our proposed deletions were based generally on which CRSs did not
offer any unique characteristics, those that were produced in the
smallest quantities, or those that have not been in production for some
time. If we eliminated a CRS that offered a unique characteristic, we
made an attempt to replace it with a similar CRS.
1. Deletion of the Britax Handle With Care 191 From Subpart B
The Britax Handle with Care 191 was one of the original CRSs listed
in the appendix. The Handle with Care 191 is a rear-facing infant
restraint seat with a five-point harness and no base. Because it is not
LATCH-compatible, Britax discontinued this CRS on September 1, 2002
with the introduction of LATCH systems. Of all the rear-facing CRSs in
Appendix A, it was the lightest (7.9 lb) and the CRS with the lowest
production total. Some consumer Web sites report that few consumers
purchased this CRS due to it not having a base and its high cost.\12\
---------------------------------------------------------------------------
\12\ https://www.windsorpeak.com/babybargains/bonus10.html and
https://www.epinions.com/kifm-review-79DA-ACFDDA7-39C15E10-prod1.
---------------------------------------------------------------------------
After considering these findings, we tentatively conclude that this
CRS is not representative of today's CRS fleet, nor does it offer any
unique characteristics that are not already adequately represented in
other seats remaining in or being added to the appendix (it is not an
outlier). Accordingly, we propose its deletion from Appendix A.
2. Deletion of the Century Assura 4553 From Subpart B
The Century Assura 4553 rear-facing CRS is representative of CRSs
in today's market. However, there are CRSs on the appendix with similar
characteristics which are more available than this CRS. This CRS was
discontinued in 2002 and relatively few were ever produced. It became
apparent during the collection of data for the CRSs currently in the
appendix that the Century Assura was the same CRS as the Century Smart
Fit minus the base. Accordingly, we tentatively conclude that this CRS
should be deleted from Appendix A.
[[Page 54406]]
3. Deletion of the Century (Graco) Encore 4612 From Subpart C
Graco discontinued this convertible CRS in 2001. Very few of these
units were ever produced relative to other convertible CRSs. This CRS
offers no unique dimensional or weight (mass) characteristics nor does
it have a unique footprint when compared to other CRSs in the appendix.
Therefore, we propose deleting this CRS from Subpart C of the appendix.
4. Deletion of the Cosco Olympian 02-803 and the Safety First Comfort
Ride 22-400 From Subpart C
Each of the Cosco Olympian 02-803 and the Safety First Comfort Ride
22-400 is a convertible CRS with a 5-point harness. It became apparent
during the collection of data for the CRSs currently in the appendix
that the Cosco Touriva 02-519, Cosco Olympian 02-803, and Safety 1st
Comfort Ride 22-400 were the same CRS with minor cosmetic changes.
After confirming this with Dorel Juvenile Group (DJG), the manufacturer
of the restraints, it was determined that these three CRSs came from
the same manufacturing shell and were just cosmetically altered. To
eliminate the redundancy in Appendix A testing, we propose deleting
from the appendix the two CRSs with the lowest production totals, which
would be the Cosco Olympian and the Safety 1st Comfort Ride.
5. Deletion of the Britax Expressway ISOFIX From Subpart C
Although located in Subpart C of Appendix A, the Britax Expressway
ISOFIX is a forward-facing only CRS and not a convertible. This child
restraint was one of the two LATCH-equipped CRSs added by the November
19, 2003, FMVSS No. 208 final rule. On March 20, 2006, the Alliance
petitioned NHTSA to remove the Britax Expressway CRS from Appendix A,
arguing that the CRS is no longer available on the market, few were
sold, and because its inclusion is inconsistent with the principles and
criteria that the agency announced that it would use to select CRSs for
Appendix A.\13\ NHTSA has denied the Alliance's petition (NHTSA Docket
28707), stating that NHTSA would rather take a comprehensive evaluation
of the CRSs in Appendix A in deciding whether the Britax Expressway
ISOFIX should be included in the appendix, rather than focus solely on
the one CRS alone. Today's NPRM is a result of the agency's
comprehensive evaluation of Appendix A.
---------------------------------------------------------------------------
\13\ The Alliance also stated that there is ambiguity relating
to this CRS because when it was added to the appendix there were
discrepancies in the final regulatory text. First, the agency placed
this CRS in Section C even though it is not a convertible CRS. In
the final rule dated August 20, 2004 (69 FR 51602) we stated that,
``Consistent with the goal of reflecting real world misuse, we will
test the Britax ISOFIX Expressway in both directions.'' Second, when
it was added to the appendix, this CRS was listed as the ``Britax
Expressway ISOFIX,'' yet in the August 20, 2004 final rule, when we
amended Subpart C and Subpart D to describe more accurately the CRSs
that are in those subparts, we listed this CRS as the ``Britax
Expressway.'' This caused confusion because in the preamble of the
2004 final rule, it was still referred to as the ``Britax Expressway
ISOFIX,'' and NHTSA never made a technical correction that explained
that we inadvertently dropped the ISOFIX designation in the 2004
final rule regulatory text.
---------------------------------------------------------------------------
After analyzing the data collected on the Britax Expressway ISOFIX,
we determined that there are several factors that argue that the CRS
should be maintained in the appendix. First, with respect to mass and
dimensions, this CRS could be considered an outlier and thus a
potential challenge to suppression systems. It is the heaviest forward-
facing CRS listed in the appendix (18.6 lb with the base). It also has
a wide flat base that gives it a large footprint. It has the highest
base outer width measurement of the 9 forward-facing CRSs listed (13
in). Finally, it has a unique rigid LATCH design, i.e., it uses rigid,
fixed metal components rather than a flexible strap to attach the CRS
to the vehicle's LATCH lower anchors.
At the same time, however, there are factors that have resulted in
our tentative decision to remove this CRS from the appendix. In terms
of sales, this CRS was never a high sales volume model. The Alliance's
March 2006 petition states that only several hundred units were
imported into the U.S., the majority of which were used for testing and
evaluation purposes, not for retail sale. Furthermore, this CRS is no
longer available for distribution. The agency has also tentatively
determined that it would be acceptable to remove the Britax Expressway
ISOFIX from the appendix because, at its extremely low sales volume,
the CRS is not reasonably represented on the road today. Even as a
dimensional and weight outlier, its inclusion is not warranted at such
an insignificant level of field presence. For the reasons given above,
we propose deleting the Britax Expressway ISOFIX from Appendix A.
Furthermore, in this NPRM, the agency is proposing to add a CRS of
similarly heavy weight and another that has a similarly large footprint
to the appendix. Thus, these outlier characteristics are being
maintained in the appendix with seats that are much more widely
available.
b. Additions
We sought to include more LATCH-equipped CRSs in the appendix,
while recognizing that testing and compliance burdens are impacted each
time a CRS in the appendix is changed. Including more LATCH CRSs is
believed to be necessary since we had not modified the appendix since
November 2003 and only two CRSs listed in the appendix have LATCH
attachments, while all CRSs manufactured after September 1, 2002 have
been required to have LATCH attachments.
1. Addition of the Graco Snugride 8643 to Subpart B
The Graco Snugride is a rear-facing infant CRS, with a detachable
base, flexible LATCH attachments and a 5-point safety harness. This CRS
is extremely popular and is one of the highest produced rear-facing
CRSs in the U.S. It is also among the lightest rear-facing CRSs in the
2006 EOU program. The weight of the Snugride is 11.2 lb with its base
(compared to an average weight of 12.1 lb for rear-facing CRSs in the
2006 EOU program) and 6.1 lb without its base (compared to the average
weight of 7.7 lb for similar seats in the 2006 EOU program). We
tentatively conclude that the Graco Snugride would be a good
replacement for the Britax Handle with Care in terms of its light
weight.
Its height and width dimensions make the Snugride representative of
the average rear-facing CRS in today's market. The average height and
average outer base width dimensions for the rear-facing CRSs, with
bases, in the 2006 EOU program are 17.9 in and 10.7 in, respectively.
The height and outer base width dimensions of the Graco Snugride with
its base are 16 in and 10.5 in, respectively. Because the Snugride
appears to be representative of today's CRS fleet, we propose adding it
to Subpart B of Appendix A.
2. Addition of the Peg Perego Primo Viaggio IMCC00US to
Subpart B
The Peg Perego Primo Viaggio is a rear-facing infant CRS, with a
detachable base, flexible LATCH attachments and a 5-point safety
harness. It weighs 18.8 lb with its base and 11.2 lb without its base,
making it heavier than any of the rear-facing CRSs currently listed in
the appendix \14\ and is significantly heavier than the average rear-
facing CRSs in the 2006 EOU program (12.1 lb with the base and 7.7
[[Page 54407]]
lb without the base). Its base depth and width dimensions (19 in and
15.5 in, respectively) are significantly larger than the average base
depth and width of the rear-facing CRSs in the 2006 EOU program (12.8
in and 11.7 in, respectively). For testing purposes, this CRS is also
noteworthy because of the flatness of its footprint (see Technical
Assessment, in docket for this NPRM). Its footprint appears unique
among rear-facing CRSs in the EOU data.
---------------------------------------------------------------------------
\14\ The heaviest CRS currently in the appendix is the Britax
Expressway ISOFIX that weighs 18.6 lb. The heaviest rear-facing CRS
in the appendix is the Century SmartFit that weighs 10.6 lb.
---------------------------------------------------------------------------
Based on our analysis of the data, we believe that this CRS is
somewhat of an outlier in terms of its dimensions and by having a
unique footprint. Therefore, we propose adding this restraint to
Subpart B of Appendix A.
3. Addition of the Cosco Summit Deluxe 22-260 to Subpart C
The Cosco Summit Deluxe is a forward-facing-only combination CRS
with flexible LATCH attachments and a 5-point safety harness. It weighs
15.2 lb, which is just slightly over the 14 lb average weight of the
forward-facing CRSs in the 2006 EOU program. It is 28.5 in tall, making
it taller than any of the forward-facing CRSs currently in the
appendix, the tallest of which is the Evenflo Horizon V at 27 in. The
Cosco Summit Deluxe also has a large base with a width of 19.5 in and a
depth of 18 in. This base width and depth measurements are
significantly wider and deeper than the average base width and depth
for the forward-facing CRSs in the 2006 EOU program (12.8 in and 14.9
in, respectively). After consideration of these factors, we tentatively
conclude that this CRS would be a good replacement for the Britax
Expressway ISOFIX in terms of its wide base and height. Therefore, we
propose including the Cosco Summit Deluxe in Subpart C of Appendix A.
4. Addition of the Graco SafeSeat (Step 2) 8B02 to Subpart C
The Graco SafeSeat (Step 2) is a forward-facing only CRS with
flexible LATCH attachments and a 5-point safety harness. It is among
the heavier forward-facing CRSs on the market. It weighs 21 lb (the
average weight of the forward-facing CRSs in the 2006 EOU program is 14
lb). Its height, base width, and base depth measurements are 27.5 in,
15.5 in, and 15 in respectively, compared to the average height, base
width, and base depth of 26 in, 12.8 in, and 14.9 in, respectively, for
the forward-facing CRSs in the 2006 EOU program. As shown in the
technical assessment accompanying this NPRM, the SafeSeat (Step 2) has
a unique base configuration because of its relative flatness, and thus
has a unique footprint. There are no forward-facing CRSs currently
listed on the appendix with a similar footprint, and there would be no
remaining forward-facing-only CRSs if the Britax Expressway ISOFIX were
to be removed from the appendix. Based on our analysis, we tentatively
conclude that this CRS is somewhat of an outlier because of its weight
and unique footprint. We believe that if the Britax Expressway ISOFIX
were deleted, a CRS with a similar or heavier weight should be added,
and that this CRS appears to meet that need. Therefore, we propose
adding the Graco SafeSeat (Step 2) to Subpart C of Appendix A.
5. Addition of the Evenflo Generations 352 to Subpart C
The Evenflo Generations is a convertible CRS, with flexible LATCH
attachments, and a 5-point safety harness. It is among the lighter
forward-facing CRSs in today's market. It weighs 11.7 lb (the average
weight of the forward-facing CRSs in the 2006 EOU program is 14 lb).
Its height (25 in), base width (10.75 in), and base depth (26 in)
appear to be representative of the average height (26 in), base width
(12.8 in), and base depth (14.9 in) of the forward-facing CRSs in the
2006 EOU program. Its footprint appears to be unique, as shown in the
docketed technical assessment. Also, the footprint in the forward-
facing mode is different than the footprint in the rear-facing mode.
Because this CRS appears to be an outlier due to its low weight and
unique footprint, we propose adding the Evenflo Generations to Section
C of Appendix A.
c. Updating Other CRSs in Appendix A
Comments are requested on changing other CRSs in Appendix A.
Mindful of compliance burdens and the agency's statement in the
September 2003 final rule that NHTSA anticipates changing not more than
10-20 percent of the CRSs in Appendix A in periodic updates of the
appendix, these changes are of secondary importance to us compared to
the proposed changes of the previous sections, and primarily would
simply update the older CRSs in the appendix with newer model CRSs that
have the same main physical features as the older restraints. However,
it has been nearly 4 years since Appendix A was changed, and with many
of the CRSs in the appendix no longer for sale and hard to find, NHTSA
would like to take this opportunity to ask for comments on the possible
updates to the CRSs as listed in the table below (see technical
assessment for data and pictures) and the compliance burdens associated
with making these additional changes to Appendix A.
To obtain information on whether CRSs in Appendix A could be
replaced by newer, more available models with the same relevant
physical features as the Appendix A child restraints, we contacted each
manufacturer of the listed CRS and asked which of their more recently-
produced CRS could be considered an equivalent replacement for the
Appendix A CRS. With one exception discussed below related to the Cosco
Dream Ride car bed, manufacturers were able to suggest a possible
replacement. (The technical assessment lists the Appendix A replacement
CRSs identified by the CRS manufacturers.) With this information on
possible replacement CRSs for Appendix A, we decided that the CRSs in
the Appendix that have been out of production the longest (i.e., the
hardest CRSs to acquire for testing purposes) should be ones we first
replace with newer-model CRSs. Those CRSs which we are considering
replacing with the newer-model restraints are set forth below in Table
2 for comment. If the comments on this issue indicate that making these
updates in this rulemaking is warranted, we could include these
additional changes to Appendix A in the final rule following today's
NPRM.
Table 2.--CRSs That Could Be Replaced With Similar, More Recently-Produced Restraints, and What Those
Replacements Should Be
----------------------------------------------------------------------------------------------------------------
Appendix A subpart CRS in Appendix A Type of CRS Replacement
----------------------------------------------------------------------------------------------------------------
A.................................... Cosco Dream Ride....... Car bed................ Angel Guard Angel Ride
AA2403FOF.
B.................................... Cosco Arriva 02-727.... Rear-facing............ Cosco Arriva 22-013.
C.................................... Britax Roundabout...... Convertible............ Britax Roundabout
E9L02.
C.................................... Century Encore......... Convertible............ Graco ComfortSport.
[[Page 54408]]
C.................................... Evenflo Horizon V...... Convertible............ Evenflo Tribute 5
Deluxe 379.
D.................................... Century Next Step...... Combination............ Graco Cherished Cargo.
D.................................... Cosco High Back Booster Booster................ Cosco Hi Back Booster
22-209.
----------------------------------------------------------------------------------------------------------------
Cosco Dream Ride Car Bed (Subpart A)
Subpart A of the appendix lists a car bed, the Cosco Dream Ride,
which is no longer being manufactured for retail sale. Cosco was unable
to suggest a replacement for this CRS because the manufacturer no
longer sells car beds to the general public (the CRS is manufactured
and sold mainly for special needs accounts). After consulting with the
major CRS manufacturers, we only found one additional car bed that is
being manufactured. We are proposing this latter one as our replacement
choice because it is being made available to the general public. NHTSA
seeks comments on replacing the Cosco Dream Ride with the Angel Guard
Angel Ride. Measurements and pictures of this CRS are set forth in the
technical assessment.
IV. Proposed Compliance Dates
Consistent with statements NHTSA made in the November 19, 2003
FMVSS No. 208 final rule regarding lead time (68 FR at 65188), the
agency proposes that (except as noted below for the Britax Expressway
ISOFIX) the compliance date for the proposed changes to Appendix A be
the next model year introduced one year after publication of a final
rule modifying Appendix A. The lead time would be sufficiently long to
provide vehicle manufacturers time to procure the needed child
restraints, test vehicles, and certify the air bag systems to FMVSS No.
208, while ensuring the satisfactory performance of vehicles'
suppression and LRD systems in an expeditious manner.
Regarding the Britax Expressway ISOFIX, we have tentatively
determined this CRS to be exceptionally uncommon in the U.S. and very
difficult to obtain. For those reasons, we propose that this CRS be
removed from Appendix A effective on the date of publication of the
final rule.
This NPRM also proposes to permit manufacturers the option of early
compliance with the amended list, i.e., they may choose to certify
their vehicles with the updated Appendix A prior to the effective date
of the provision, as long as the manufacturer notifies the agency that
it is exercising this option. However, NHTSA proposes that
manufacturers choosing the early compliance option would not be
permitted to pick and choose among the CRSs that would be newly added
by the final rule. Vehicle manufacturers choosing the early compliance
option would have to ensure that their vehicles meet the advanced air
bag requirements when NHTSA uses all of the newly-added CRSs (along
with the CRSs that were not affected by the amendment); they may not
certify with some, but not all of the newly-added restraints. The
reason for this limitation would be to maintain the integrity of the
appendix. The Appendix A CRSs are each a part of a comprehensive set.
Each CRS in the appendix was selected for a reason, meeting a need not
met by other CRSs in the appendix. Picking and choosing among the CRSs
could leave a need unmet and an important performance aspect of an
advanced air bag system unexplored.
V. Clarity of the Tables in Appendix A
This NPRM would reformat the tables of Appendix A to improve the
clarity and simplicity of the tables. NHTSA believes that the current
format of the tables might not be optimal in reflecting future and more
frequent updates to the Appendix. Comments are requested on how the
plain meaning of the tables could be further improved.
VI. Public Participation
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21.)
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Comments may also be submitted to the docket electronically by
logging onto the Docket Management System Web site at https://
dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain
instructions for filing the document electronically. If you are
submitting comments electronically as a PDF (Adobe) file, we ask that
the documents submitted be scanned using Optical Character Recognition
(OCR) process, thus allowing the agency to search and copy certain
portions of your submissions.\15\
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\15\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at https://dmses.dot.gov/submit/
DataQualityGuidelines.pdf.
How can I be sure that my comments were received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket
[[Page 54409]]
Management at the address given above under ADDRESSES. When you send a
comment containing information claimed to be confidential business
information, you should include a cover letter setting forth the
information specified in our confidential business information
regulation. (49 CFR part 512.)
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider in developing
a final rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, take the following
steps:
(1) Go to the Docket Management System (DMS) Web page of the
Department of Transportation (https://dms.dot.gov/).
(2) On that page, click on ``Simple Search.''
(3) On the next page (https://dms.dot.gov/search/), type in the
four-digit docket number shown at the beginning of this document.
Example: If the docket number were ``NHTSA-2007-1234,'' you would type
``1234.'' After typing the docket number, click on ``Search.''
(4) On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. You may
download the comments. However, since the comments are imaged
documents, instead of word processing documents, the downloaded
comments are not word searchable.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
VII. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed by the Office of
Management and Budget under E.O. 12866. It is not considered to be
significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). The costs and benefits
of advanced air bags are discussed in the agency's Final Economic
Assessment for the May 2000 final rule (Docket 7013). The cost and
benefit analysis provided in that document would not be affected by
this NPRM, since this NPRM only adjusts and updates the CRSs used in
test procedures of that final rule. The minimal impacts of today's
amendment do not warrant preparation of a regulatory evaluation.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., NHTSA has evaluated the effects of this action on small entities.
I hereby certify that this proposed rule would not have a significant
impact on a substantial number of small entities. The NPRM would affect
motor vehicle manufacturers, multistage manufacturers and alterers, but
the entities that qualify as small businesses would not be
significantly affected by this rulemaking because they are already
required to comply with the advanced air bag requirements. This final
rule does not establish new requirements, but instead only adjusts and
updates the CRSs used in test procedures of that final rule.
Executive Order 13132
NHTSA has examined today's NPRM pursuant to Executive Order 13132
(64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have federalism implications because a final
rule, if issued, would 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.''
Further, no consultation is needed to discuss the preemptive effect
of today's rulemaking. NHTSA rules can have preemptive effect in at
least two ways. First, the National Traffic and Motor Vehicle Safety
Act contains an express preemptive provision: ``When a motor vehicle
safety standard is in effect under this chapter, a State or a political
subdivision of a State may prescribe or continue in effect a standard
applicable to the same aspect of performance of a motor vehicle or
motor vehicle equipment only if the standard is identical to the
standard prescribed under this chapter.'' 49 U.S.C. 30103(b)(1). It is
this statutory command that preempts State law, not today's rulemaking,
so consultation would be inappropriate.
In addition to the express preemption noted above, the Supreme
Court has also recognized that State requirements imposed on motor
vehicle manufacturers, including sanctions imposed by State tort law,
can stand as an obstacle to the accomplishment and execution of a NHTSA
safety standard. When such a conflict is discerned, the Supremacy
Clause of the Constitution makes their State requirements
unenforceable. See Geier v. American Honda Motor Co., 529 U.S. 861
(2000). NHTSA has not outlined such potential State requirements in
today's rulemaking, however, in part because such conflicts can arise
in varied contexts, but it is conceivable that such a conflict may
become clear through subsequent experience with today's standard and
test regime. NHTSA may opine on such conflicts in the future, if
warranted. See id. at 883-86.
National Environmental Policy Act
NHTSA has analyzed this NPRM for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action would not have any significant impact on the quality of
the human environment.
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. This NPRM would not establish any new information
collection requirements.
National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' There
[[Page 54410]]
are no voluntary consensus standards that address the CRSs that should
be included in Appendix A.
Executive Order 12988
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this proposed rule is discussed above. NHTSA notes further
that there is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceedings before they
may file suit in court.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This NPRM would not
result in expenditures by State, local or tribal governments, in the
aggregate, or by the private sector in excess of $100 million annually.
Executive Order 13045
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under E.O. 12866, and (2) concerns an environmental, health, or
safety risk that NHTSA has reason to believe may have a
disproportionate effect on children. This rulemaking is not subject to
the Executive Order because it is not economically significant as
defined in E.O. 12866.
Executive Order 13211
Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rulemaking that: (1) Is determined to be economically significant as
defined under E.O. 12866, and is likely to have a significantly adverse
effect on the supply of, distribution of, or use of energy; or (2) that
is designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. This rulemaking is
not subject to E.O. 13211.
Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them
in your comments on this proposal.
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.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-19478).
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, and Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as set forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
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.
2. Section 571.208 is amended by revising items A through D of
Appendix A. Figures A1 and A2 at the end of Appendix A are not revised.
The revised text reads as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
Appendix A to Sec. 571.208--Selection of Child Restraint Systems
A. The following car bed, manufactured on or after December 1,
1999, may be used by the National Highway Traffic Safety
Administration to test the suppression system of a vehicle that is
manufactured on or after the effective date and prior to the
termination date specified in the table below and that has been
certified as being in compliance with 49 CFR 571.208 S19:
------------------------------------------------------------------------
Termination
Effective date date
------------------------------------------------------------------------
Cosco Dream Ride 02-719............... 1/17/2002 *
------------------------------------------------------------------------
* Until further notice, any vehicle manufactured after the effective
date specified is still subject to testing with this child restraint
system.
B. Any of the following rear-facing child restraint systems,
manufactured on or after December 1, 1999, may be used by the
National Highway Traffic Safety Administration to test the
suppression or low risk deployment (LRD) system of a vehicle that is
manufactured on or after the effective date and prior to the
termination date specified in the table below and that has been
certified as being in compliance with 49 CFR 571.208 S19. When the
restraint system comes equipped with a removable base, the test may
be run either with the base attached or without the base.
[[Page 54411]]
------------------------------------------------------------------------
Termination
Effective date date
------------------------------------------------------------------------
Britax Handle with Care 191........... 1/17/2002 9/1/2009
Evenflo First Choice 204.............. 1/17/2002 *
Graco Infant 8457..................... 1/17/2002 *
Century Assura 4553................... 1/17/2002 9/1/2009
Century Smart Fit 4543................ 1/17/2002 *
Cosco Arriva 02727.................... 1/17/2002 *
Evenflo Discovery Adjust Right 212.... 1/17/2002 *
Peg Perego Primo Viaggio IMCC00US..... 9/1/2009 *
Graco Snugride........................ 9/1/2009 *
------------------------------------------------------------------------
* Until further notice, any vehicle manufactured after the effective
date specified is still subject to testing with this child restraint
system.
C. Any of the following forward-facing child restraint systems,
and forward-facing child restraint systems that also convert to
rear-facing, manufactured on or after December 1, 1999, may be used
by the National Highway Traffic Safety Administration to test the
suppression or LRD system of a vehicle that is manufactured on or
after the effective date and prior to the termination date specified
in the table below and that has been certified as being in
compliance with 49 CFR 571.208 S19, or S21. (Note: Any child
restraint listed in this subpart that does not have manufacturer
instructions for using it in a rear-facing position is excluded from
use in testing in a belted rear-facing configuration under
S20.2.1.1(a) and S20.4.2):
------------------------------------------------------------------------
Termination
Effective date date
------------------------------------------------------------------------
Century Encore 4612................... 1/17/2002 9/1/2009
Cosco Olympian 02803.................. 1/17/2002 9/1/2009
Britax Roundabout 161................. 1/17/2002 *
Century STE 1000 4416................. 1/17/2002 *
Cosco Touriva 02519................... 1/17/2002 *
Evenflo Horizon V 425................. 1/17/2002 *
Evenflo Medallion 254................. 1/17/2002 *
Safety 1st Comfort Ride 22-400........ 9/1/2008 9/1/2009
Cosco Summit Deluxe 22-260............ 9/1/2009 *
Evenflo Generations 352............... 9/1/2009 *
Graco SafeSeat (Step 2)............... 9/1/2009 *
------------------------------------------------------------------------
* Until further notice, any vehicle manufactured after the effective
date specified is still subjec