[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16696-16699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7986]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-20; Notice 1]
Child Safety Seats; Agreement Between General Motors and U.S.
Department of Transportation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice; request for certifications.
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SUMMARY: This notice describes an agreement between General Motors (GM)
and the U.S. Department of Transportation (DOT), under which GM has
agreed to donate funds to one or more qualified organizations for the
purchase and distribution of child safety seats. Organizations that
wish to receive such funds are required to certify in writing that they
are qualified, in accordance with criteria established in the
agreement. This notice requests that such organizations submit
certifications and describes the criteria they must meet and the
information they must submit with their certifications to be eligible
to receive these funds.
DATES: Certifications must be received no later than May 1, 1995.
ADDRESSES: Certifications should be submitted to: Office of Occupant
Protection, NTS-11, Room 5118, 400 Seventh Street, S.W., Washington,
D.C. 20590.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Gorcowski, National
Organizations Division, NTS-11, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.
Telephone (202) 366-2683.
SUPPLEMENTARY INFORMATION: On December 2, 1994, Secretary of
Transportation Federico Pena announced that DOT and GM had agreed in
principle to a resolution of the investigation by the National Highway
Traffic Safety Administration (NHTSA) into an alleged defect related to
motor vehicle safety in certain 1970-1991 GM C/K pickup trucks. The
terms of the resolution were finalized in a separate agreement that was
executed between GM and DOT on March 7, 1995.
Under the terms of the agreement, GM agreed to provide funds over a
period of five years to support highway safety research and programs
that will prevent motor vehicle deaths and injuries.
In the area of child safety, GM agreed to donate $8,000,000 to
qualified organizations for the purchase and distribution of child
safety seats. Of this amount, $4,000,000 will be donated during the
first year after the date of the agreement (approximately $1,000,000
each quarter) and $4,000,000 will be donated over the next four years.
The seats will be directed to low income and special needs populations
that are underserved and culturally diverse.
NHTSA estimates that these funds will allow for the purchase and
distribution of between 125,000 and 200,000 child safety seats for
needy families which, in turn, will save at least 50 lives and prevent
approximately 6,000 injuries.
Background
There are approximately 25 million young children, under the age of
eight years old, who need the protection of child safety seats. One
fourth of these children come from families that are below the poverty
level.
As many as 3 million children in low-income families do not have
access to adequate child safety seats. An additional 3 million children
or more have access to child safety seats but, for a variety of
reasons, are not being secured in these seats properly. Additionally,
children with special transportation needs, such as children with
disabilities, often require uniquely designed child safety seats that
are too expensive for most families of average income to afford.
For these and other reasons, millions of children ride each day
either unprotected or inadequately protected by child safety seats. A
disproportionate number of these children are from low income or rural
families or from culturally diverse populations.
To increase child safety seat usage, child safety seats must be
made more readily available, particularly to underserved low income and
special needs families. These families must also be motivated in the
use of child safety seats and educated about their proper usage.
Public interest in child passenger safety today is at an all-time
high, and there are a number of national organizations that work in
this area. These organizations, in collaboration with state and local
affiliates and related agencies, distribute child safety seats in
communities and educate families about the proper use of these seats
and other [[Page 16697]] practices that can lead to increased highway
safety.
An effective child safety seat program can reach and have a major
positive impact on large numbers of children, as well as their
families. To be most effective, however, the program must ensure that
seats are distributed primarily to the populations most at risk,
including underserved low income and special needs families. If
programs do not target these populations, the seats could be provided
instead to families that could otherwise afford to purchase them, with
little net benefit.
List of Qualified Organizations
The agreement between GM and DOT provides:
DOT shall identify, on an ongoing basis so as to facilitate
timely GM donations, qualified organizations which DOT in its sole
discretion deems appropriate to receive donations from GM for the
purchase and distribution of child safety seats. GM, in its sole
discretion, shall select from the list of qualified organizations
provided by DOT, the organization(s) to which it will donate funds,
and shall decide the exact amount of funds that each such
organization will receive.
The agreement provides further that any organization that is
interested in being identified as a ``qualified organization'' must
certify to DOT in writing that it will meet a number of criteria set
forth in the agreement.
Today's notice describes the criteria that an organization must
meet and the information it must submit with its certification, to be
identified as a ``qualified organization.'' Certifications must be
received no later than 30 days after the date of publication of today's
notice in the Federal Register. When NHTSA completes its review of the
certifications, it will prepare a list of organizations it has
identified as qualified and appropriate to receive donations for the
purchase and distribution of child safety seats. NHTSA will provide the
list to GM and place it in the public docket.
This list of organizations will be used by GM during the first and
second quarters of the first year after the date of the agreement,
during which time GM will donate a total of approximately $2 million
for the purchase and distribution of child safety seats.
Within six months (or less) from the date of publication of today's
notice, NHTSA plans to publish a second notice in the Federal Register
requesting certifications from organizations that wish to receive
donations after the second quarter. Any organization that wishes to be
included on the second list, whether or not the organization was
included on the first list, must submit a certification. NHTSA reserves
the right to request at that time the submission of additional
information, not identified in today's Federal Register notice, from
organizations seeking to be included on the second list.
Based on its review of the certifications received in response to
the second Federal Register notice, NHTSA will prepare a revised list
of organizations that have been identified as qualified and appropriate
to receive future donations from GM. (As explained earlier, GM will
donate approximately $1 million in the third quarter of the first year
after the date of the agreement, $1 million in the fourth quarter, and
a total of $4 million during the following four-year period.)
NHTSA may, from time to time, publish additional notices requesting
certifications and prepare additional revised lists of qualified
organizations, if it determines it is appropriate to do so.
Certification Criteria
In accordance with the agreement, in order to be identified as a
``qualified organization,'' an organization must certify in writing
that it shall meet eleven separate criteria. Each of these criteria is
described below:
(1) Work through affiliates
The organization must certify in writing that it shall:
work, through its state or local affiliates, with agencies such as
children's hospitals and health agencies to identify families who
could not otherwise afford seats or who have special needs
Organizations must have established and effective affiliate
relationships and on-going collaboration with other appropriate
agencies or organizations necessary to carry out the effort.
Organizations can satisfy this criterion by showing that they work
either through their state or local affiliates (i.e., units or chapters
specifically organized to carry out the organization's mission), or
with other child safety-related agencies or organizations, such as
children's hospitals or fire and rescue agencies.
Organizations may have either a built-in network or collaborative
access to such a network. The network must enable the organization to
identify families of target populations who have not been reached
through traditional channels, including families who could not
otherwise afford seats or who have special needs, and to distribute
seats and provide education to these families.
Organizations must submit information regarding their structure and
a designation of geographic locations of state and local affiliates
that are expected to be involved in the effort. Organizations must also
submit information regarding the organizations and agencies with which
they will be affiliated for purposes of this program.
(2) Existing program or trained staff
The organization must certify in writing that it shall:
have an existing loaner or give-away child safety seat program or
have staff trained in child passenger safety issues
Organizations must have experience, either directly or through
their affiliates, with a loaner or give-away program or staff trained
in child passenger safety or related issues. The experience or training
is necessary to ensure that organizations, or their affiliates, are
able to operate such programs, and to meet the deadlines and
requirements established in the agreement for distributing seats and
providing education.
Organizations must describe their existing loaner or give-away
child safety seat programs and their experience in providing education
on the use of child safety seats or on other related public health
issues. They must identify the number of current trained staff and
provide a description of training conducted or taken by their staff and
the dates of last training. Organizations may also describe existing
loaner or give-away programs, experience in providing education and
provide the training information described above for agencies or
organizations with which they have collaborative relationships.
(3) Low-income or special needs across broad geographic area
The organization must certify in writing that it shall:
distribute the seats to low-income families and/or families with
special needs across a broad geographical area throughout the United
States
The intent of this provision is to assure that underserved children
from culturally diverse populations throughout the United States
receive the benefits of the program. Qualified organizations need not
distribute seats in every state. However, they must have a program that
is national in scope and reaches their target populations throughout
the United States. Organizations must submit their mission statements,
a description of the method they will use to identify underserved low
income or special needs families, and a list of the geographic
locations that would be targeted for receipt of the seats. They must
demonstrate the ability to identify underserved low income and special
[[Page 16698]] needs families, and the ability to distribute seats to
these families.
(4) Mix of child safety seats
The organization must certify in writing that it shall:
comply with NHTSA guidelines with respect to the approximate mix of
child safety seats (e.g., infant, toddler, booster, special needs)
Children of differing ages and transportation needs require
different types of child safety seats. The intent of this provision is
to assure that the children who are recipients under this program
receive seats that meet their needs. The provision is also intended to
assure that organizations purchase the correct mix of seats for their
target population.
Organizations will need to identify the ages and transportation
needs of the intended recipients and the types of seats needed to
properly fit the target group. For example, an organization targeting
special needs children may need very specialized seats, while a program
targeting older children may need convertible toddler and booster child
restraint devices.
Organizations must specify the maximum number of seats they are
capable of distributing within 120 days of their receipt of the funds
and the amount of funding they are requesting from GM to purchase and
distribute this number of seats. Organizations must specify the
proposed mix and types of seats needed to serve the age and needs of
the populations to be targeted (e.g., 25% booster seats, 50% toddler
seats, 20% infant seats and 5% special needs seats), and their expected
per unit cost to purchase and distribute each type of seat.
Organizations must also describe the method used to derive the mix.
They should indicate whether the mix or price would change if they
receive less funding than the full amount requested.
(5) Within 120 days
The organization must certify in writing that it shall:
distribute all of the seats purchased with the funds provided by GM
to the local agencies within 120 days of the receipt of the funds
Organizations will be required, under the agreement, to purchase
and distribute all of the seats to local agencies within 120 days of
receipt of the funds. To satisfy this criterion, organizations must
demonstrate the ability to meet this requirement. Organizations must
submit a plan describing how they will reach a broad geographical area
and how they will identify the low income and special needs families to
be served by this program. The plan must describe how they will
accomplish the purchase and distribution of seats within the 120-day
period and it must include a proposed schedule for the purchase and
distribution of seats.
Organizations must also demonstrate that the distribution and
education efforts funded under this program will either create new
initiatives, or complement (rather than duplicate) existing
initiatives, in the geographic areas to be served. This may be
demonstrated by including in the plan, either letters of support from
the organizations that are (or would be) responsible for child safety
seat programs (such as state highway safety offices and state public
health agencies) or a description of the organization's plans to
coordinate with these responsible organizations.
(6) Educate recipients
The organization must certify in writing that it shall:
educate recipients of the seats as to methods of proper installation
and use
While the distribution of child safety seats is vitally important,
and can save many children's lives, the effectiveness of those seats in
preventing injury and death increases significantly when recipients are
trained in and follow proper use and installation instructions.
Organizations are required, under the agreement, to provide education
to the recipients of the seats regarding the proper installation and
use of child safety seats. Organizations must describe the means they
or their affiliates will use to educate families about the proper
installation and use of child safety seats (e.g., hands-on
demonstration, video, brochures).
To assist in this effort, NHTSA will make resources, including
materials and technical assistance, available to the selected
organizations.
(7) Administrative expenses
The organization must certify in writing that it shall:
not use more than 10 percent of the funds provided by GM for
administrative expenses related to distribution of the seats
Organizations shall use no more than 10 percent of the funds
provided by GM for administrative expenses related to the distribution
of the seats. Examples of administrative expenses include operational
overhead such as secretarial support, telephone expenses, and time of
paid staff to help develop the plans for these efforts. No additional
information is required to be submitted at this time in support of this
element of the certification.
(8) Added to existing funds and no diversions
The organization must certify in writing that it shall:
add the GM-provided funds to the total of its existing funds spent
on the distribution of child safety seats to low-income families and
not divert any funds currently budgeted to such activities to other
activities
Organizations shall add the GM-provided funds to the total of their
existing funds, if any, spent on the distribution of child safety seats
to low income and special needs families and not divert any funds
currently budgeted to such activities, if any, to other activities. In
other words, the funds provided by GM must represent new and additional
resources, and may not be used to replace other funds, if any, that
otherwise would have been used for the distribution of child safety
seats to low-income families and their related education activities. No
additional information is required to be submitted at this time in
support of this element of the certification.
(9) Third-party audit
The organization must certify in writing that it shall:
allow the activities conducted pursuant to this program to be
audited by such third party as selected by DOT
Organizations shall allow the activities conducted pursuant to this
program to be audited by such third party as may be selected by DOT.
Organizations shall also maintain adequate records to allow an audit to
be conducted. No additional information is required to be submitted at
this time in support of this element of the certification.
(10) Enforceable commitments and promises
The organization must certify in writing that it shall:
acknowledge and agree that such commitments and promises shall be
enforceable
Organizations shall acknowledge and agree that the commitments and
promises they make shall be enforceable through legal process or other
appropriate means. No additional information is required to be
submitted at this time in support of this element of the certification.
(11) No assumption of responsibility
The organization must certify in writing that it shall:
acknowledge and agree that GM does not assume or bear any
responsibility for the organization's commitments, the selection of
the safety seats actually purchased or distributed, or the education
of recipients of the seats as to proper use
The organization shall acknowledge and agree that GM does not
assume or [[Page 16699]] bear any responsibility for the organization's
commitments, the selection of the safety seats actually purchased or
distributed, or the education of recipients of the seats as to proper
use. No additional information is required to be submitted at this time
in support of this element of the certification.
Evaluation Criteria
Certifications must demonstrate that the organization meets all
criteria listed above. Certifications will be evaluated based on the
following factors:
1. Understanding of the requirements of the agreement and soundness
of approach as shown by the organization's plan and certification.
2. The ability to identify underserved low income and special needs
families.
3. The ability to distribute child safety seats to these target
populations at the community level.
The experience of the organization, or its affiliates, in
distributing child safety seats
The breadth and diversity of the underserved population
the organization can effectively reach
4. The ability to provide education to recipients.
The experience of the organization, or its affiliates, in
providing education on the use of child safety seats or on other
related public health issues
The level of training of the organization's staff or of
the staff of its affiliates
5. The ability to conduct a distribution and education program that
either creates new initiatives, or complements (rather than duplicates)
existing initiatives, in the geographic areas to be served.
Certification Procedures
To be considered, certifications must be received no later than 30
days after the date on which today's notice is published in the Federal
Register. Certifications should be submitted to Office of Occupant
Protection, NTS-11, Room 5118, 400 Seventh Street, S.W., Washington,
D.C. 20590.
Certifications must include each of the following:
(1) Certification Statement
A written statement, signed by an authorized official of the
organization, certifying that the organization shall:
(i) work, through its state or local affiliates, with agencies
such as children's hospitals and health agencies to identify
families who could not otherwise afford seats or who have special
needs; (ii) have an existing loaner or give-away child safety seat
program or have staff trained in child passenger safety issues;
(iii) distribute the seats to low-income families and/or families
with special needs across a broad geographical area throughout the
United States; (iv) comply with NHTSA guidelines with respect to the
approximate mix of child safety seats (e.g., infant, toddler,
booster, special needs); (v) distribute all of the seats purchased
with the funds provided by GM to the local agencies within 120 days
of the receipt of the funds; (vi) educate recipients of the seats as
to methods of proper installation and use; (vii) not use more than
10 percent of the funds provided by GM for administrative expenses
related to distribution of the seats; (viii) add the GM-provided
funds to the total of its existing funds spent on the distribution
of child safety seats to low-income families and not divert any
funds currently budgeted to such activities to other activities;
(ix) allow the activities conducted pursuant to this program to be
audited by such third party as selected by DOT; (x) acknowledge and
agree that such commitments and promises shall be enforceable; and
(xi) acknowledge and agree that GM does not assume or bear any
responsibility for the organization's commitments, the selection of
the safety seats actually purchased or distributed, or the education
of recipients of the seats as to proper use.
(2) Plan
A plan describing how the organization will reach a broad
geographical area, how it will identify underserved low income and
special needs families that will be served by the program, and how it
will accomplish the purchase and distribution of child safety seats
within 120 days of receipt of the funds. The plan must include a
proposed schedule for the purchase and distribution of seats, and
either letters of support from the organizations that are (or would be)
responsible for child safety seat programs in the geographic areas to
be served (such as state highway safety offices and state public health
agencies) or a description of the organization's plans to coordinate
with these responsible organizations.
(3) Additional Information
The following additional information to ensure that the
organization is capable of meeting the objectives of the agreement:
Information regarding the organization's structure and a
designation of geographic locations of state and local affiliates to be
involved in the effort;
Information regarding the organizations and agencies with
which the organization will be affiliated for purposes of this program;
A description of the organization's, or its affiliates':
existing loaner or give-away programs; experience in providing
education on the use of child safety seats or on other related public
health issues; the number of trained staff; a description of training
conducted or taken; and the dates of last training;
A mission statement of the organization;
The method to be used to identify underserved low income
or special needs families;
A list of the geographic locations that would be targeted
for receipt of the seats;
The maximum number of seats the organization is capable of
distributing within 120 days of its receipt of the funds; the amount of
funding the organization is requesting from GM to purchase and
distribute this number of seats; the proposed mix and types of seats
needed to serve the age and needs of the populations to be targeted
(e.g., 25% booster seats, 50% toddler seats, 20% infant seats and 5%
special needs seats); the expected per unit cost to purchase and
distribute each type of seat; the method used to derive the mix; and,
if applicable, any change in mix or price if the organization receives
less funding than the full amount requested; and
A description of the means to be used by the organization
or its affiliates to educate families about the proper installation and
use of child safety seats.
Organizations must submit one original and two copies of their
certifications. Certifications shall be subject to 18 U.S.C. 1001,
which prohibits to making of false statements. Organizations are
requested to submit four additional copies to facilitate the review
process, but there is no requirement or obligation to do so.
Organizations that would like to be notified upon receipt of their
certifications should enclose a self-addressed stamped postcard in the
envelope with their certifications. Upon receiving the certifications,
the postcard will be returned by mail.
Issued on: March 27, 1995.
Michael B. Brownlee,
Associate Administrator for Traffic Safety Programs.
[FR Doc. 95-7986 Filed 3-28-95; 2:55 pm]
BILLING CODE 4910-59-P
