[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Rules and Regulations]
[Pages 30464-30466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14607]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 119]
RIN 2127-AG82
Federal Motor Vehicle Safety Standards; Occupant Crash
Protection, Child Restraint Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: This document amends Standard No. 213, ``Child Restraint
Systems,'' to modify the air bag warning label that child seats which
can be used in a rear-facing position (``rear-facing child seats'') are
now required to bear. The required label warns that the rear-facing
child restraint must never be placed in the front seat with an air bag.
On April 17, 1997, NHTSA issued an interim final rule which allowed the
phrase ``unless air bag is off'' to be added to the end of the warning,
if the child seat automatically deactivates the air bag and activates a
specified telltale light in the vehicle. On further examining the issue
in response to a request from Porsche Cars North America Inc.
(Porsche), NHTSA has tentatively determined that the phrase ``unless
air bag is off'' may be added to child seats regardless of the means by
which they deactivate the air bag so long as deactivation can be
achieved, and that specified telltale requirements are unnecessary so
long as an audible or visual signal is provided to the driver that the
air bag has been disabled. This document makes final on an interim
basis the amendment requested by Porsche, and supplements the
amendments made by the April 17, 1997 interim rule. The agency also
solicits comments on today's amendment.
DATES: This rule is effective June 4, 1997. Comments must be received
by July 21, 1997. Because this amendment will clarify the required
warning label and will relieve a restriction currently imposed by the
standard, NHTSA has determined that it is in the public interest to
make the changes effective immediately on an interim basis. Assuming
that a final rule is issued, the final rule would respond to any
comments and would be effective upon publication in the Federal
Register.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590. Docket
hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
For nonlegal issues: Mary Versailles, Office of Safety Performance
Standards, NPS-31, telephone (202) 366-2057.
For legal issues: Deirdre Fujita, Office of Chief Counsel, NCC-20,
telephone (202) 366-2992.
Both can be reached at the National Highway Traffic Safety
Administration, 400 Seventh St., SW., Washington, DC, 20590.
SUPPLEMENTARY INFORMATION: This document amends Standard No. 213,
``Child Restraint Systems,'' on an interim basis to modify the air
bag warning label which rear-facing child seats must bear effective
May 27, 1997. This document also solicits comments on this
amendment. It is the second interim final rule modifying the
warning label.
Original Final Rule
The requirement for the label was adopted by a November 27, 1996
final rule (61 FR 60206) 1, which also adopted new warning
label requirements for vehicles with air bags. The requirement for the
enhanced child seat label is set forth in S5.5.2(k) of Standard 213.
The requirement specifies, among other things, the exact content of the
message that must be provided by the label. The message of the label
must be preceded by a heading ( ``WARNING''), with an alert symbol, and
state the following:
\1\ Corrected December 4, 1996 (61 FR 64297), December 11, 1996
(61 FR 65187), and January 2, 1997 (62 FR 31).
DO NOT place rear-facing child seat on front seat with air bag.
DEATH OR SERIOUS INJURY can occur.
The back seat is the safest place for children 12 and under. Also
required for the label is a pictogram showing a rear-facing child seat
being impacted by an air bag, surrounded by a red circle with a slash
across it. Flexibility as to the content of the label is not provided;
thus, wording other than that specified in the standard is not
permitted.
First Interim Final Rule
On April 17, 1997 (62 FR 18723), NHTSA amended S5.5.2(k) to permit,
for some child restraints, the addition of the phrase ``unless air bag
is off'' after the sentence stating ``DO NOT place rear-facing child
seat on front seat with air bag.'' The amendment responded to
[[Page 30465]]
a request from Mercedes-Benz concerning rear-facing child seats that
have features enabling the seat to deactivate the passenger-side air
bag.
Mercedes developed a rear-facing child seat with a device that
automatically cuts off the passenger-side air bag in vehicles designed
to respond to such a device. The cutoff feature makes it possible to
use a child restraint system on the front seat of these vehicles
without subjecting the child to risk of injury from an air bag
deployment. Mercedes believed that the first statement (``DO NOT place
rear-facing child seat on front seat with air bag'') was inappropriate
for child restraints with a feature that turns off the air bag, and
could be potentially confusing to owners of child restraints that are
marketed as compatible with a complementary air bag system. Mercedes
suggested that the amended label should be permitted on a child
restraint that is equipped with a cutoff device, if the cutoff device
automatically deactivates the passenger-side air bag and activates a
telltale light in the vehicle that complies with S4.5.4.3 of Standard
No. 208, ``Occupant Crash Protection'' (49 CFR Sec. 571.208).
In the April 17, 1997 interim final rule, NHTSA agreed with
Mercedes that adding the phrase ``unless air bag is off'' would clarify
the message of the label and reduce the likelihood of confusing owners
of child seats that are intended for use on and marketed as appropriate
for front seat positions on vehicles equipped with complementary air
bag cutoff devices. The agency tentatively agreed that the conditions
for (a) automatic deactivation and (b) a telltale meeting S4.5.4.3 of
Standard 208, ``reduce[d] the likelihood that a child restraint would
be used with an active air bag.'' Because NHTSA saw no diminution of
safety resulting from the change, the agency amended the standard to
accommodate Mercedes' request.
Today's Interim Rule
After the April 17, 1997 interim final rule was issued, Porsche
contacted the agency asking whether the conditions for automatic
deactivation and a telltale meeting S4.5.4.3 were necessary requisites
to allowing the phrase ``unless air bag is off'' to be added to the
child seat warning label.
Porsche has also developed a rear-facing child seat with a device
that cuts off the passenger-side air bag in vehicles designed to
respond to such a device. However, unlike Mercedes, the device is not
automatic. To cut off the passenger-side air bag, a specialized buckle
tongue on the child seat must be inserted into a buckle receiver
installed under the front passenger seat. The Porsche system does not
include a telltale light complying with S4.5.4.3 of Standard No. 208.
Instead, the air bag readiness indicator flashes for 10 seconds to
inform the driver that the child seat has properly cut off the
passenger-side air bag. If the vehicle is on when the special buckle is
inserted in the receiver, the warning light flashes upon insertion of
the buckle. If the vehicle is off when the special buckle is inserted,
the warning light flashes each time the ignition is turned on. Porsche
believes that its design, while different from the Mercedes design,
also warrants the addition of the phrase ``unless air bag is off'' to
the child seat warning label on Porsche's rear-facing child seats.
On reexamining the interim rule, NHTSA has tentatively determined
that the phrase ``unless air bag is off'' may be added to a child seat
that can deactivate an air bag, whether or not the deactivation is
automatic. In addition, the agency has tentatively determined that
specified telltale requirements are unnecessary so long as a signal is
provided to the driver that the air bag has been disabled.
If an air bag is deactivated by a device incorporated into a child
safety seat, the danger that the label on the seat warns against will
not be present. This result can be achieved as effectively by non-
automatic means as by automatic means. The question raised by a non-
automatic device such as Porsche's is whether a person installing the
seat in a vehicle will install it correctly. If the likelihood of
correct installation is very high, allowing the addition of the phrase
``unless air bag is off'' to the label would help resolve any confusion
on the part of the person installing the seat.
In the case of the device employed by Porsche, the child safety
seat is equipped with a single buckle that fits into a buckle receiver
under the vehicle's seat. The buckle fits no other part of the vehicle.
The correctness of its installation is evident, both by the click of
the buckle upon its insertion into the receiver and by the activation
of a visual signal on the vehicle's dash. These features offer
sufficient assurance of correct installation, in the agency's view, to
warrant the modification of the label.
The nature of the visual signal is the second issue raised by the
Porsche request. The agency considers it essential to have a means of
notifying the driver that the air bag has been disabled. In the first
interim rule, NHTSA said that the phrase may be added if the child seat
has a device that activates a telltale complying with S4.5.4.3 of
Standard 208. S4.5.4.3 states:
A telltale light on the dashboard shall be clearly visible from all
front seating positions and shall be illuminated whenever the
passenger air bag is deactivated. The telltale:
(a) Shall be yellow;
(b) Shall have the identifying words ``AIR BAG OFF'' on the
telltale or within 25 millimeters of the telltale;
(c) Shall remain illuminated for the entire time that the
passenger air bag is deactivated;
(d) Shall not be illuminated at any time when the passenger air
bag is not deactived; and,
(e) Shall not be combined with the readiness indicator required
by S4.5.2 of [Standard 208].
Upon reexamining the need for notifying the driver, the agency has
tentatively determined that the telltale requirements of Standard 208
are not necessary, as stated in the first interim final rule, to
``reduce the likelihood that a child restraint would be used with an
active air bag.'' 62 FR at 18724. The telltale requirements were
originally specified for a cutoff device that operates in a way that
could allow an adult to use the front passenger seating position with
the air bag deactivated. The requirements ensure that there is a
reminder that the cutoff device should be reset whenever the vehicle's
front seat is no longer carrying an infant, so that the air bag would
be ready when needed. The telltale requirements are intended to inform
an adult passenger, to enable him or her to see the warning light and
understand that the air bag is not activated.
In contrast, air bag deactivation systems of the types developed by
Mercedes and Porsche deactivate the air bag when and only when a child
restraint is present and reactivate the air bag when the child
restraint is removed. Such systems render it highly unlikely that an
unknowing adult could be seated in the front seating position with the
air bag deactivated. Because of this difference, a telltale meeting
S4.5.4.3 of Standard 208 does not appear needed.
NHTSA has tentatively decided, however, that the driver should be
signaled as to whether the child seat has deactivated the air bag. The
agency has tentatively concluded that the signal must continue for at
least 10 seconds after deactivation of the air bag. A visual signal
could include a dashboard light.
Because this rule does not require that a dashboard light must
remain illuminated for the entire time that the passenger air bag is
deactivated, the agency tentatively concludes that the light may be
combined with the readiness indicator required by S4.5.2 of
[[Page 30466]]
Standard 208. However, such combination must not affect the compliance
of the readiness indicator with S4.5.2.
This amendment clarifies a requirement and avoids possible
confusion resulting from the required labeling. Accordingly, NHTSA
finds for good cause that an immediate amendment of the requirement is
in the public interest.
Submission of Comments
Interested persons are invited to submit comments on this rule. It
is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR Part 512.
All comments received before the close of business on the comment
closing date indicated above for the interim rule will be considered,
and will be available for examination in the docket at the above
address both before and after that date. To the extent possible,
comments filed after the closing date will also be considered. Comments
received too late for consideration in regard to the final rule will be
considered as suggestions for further rulemaking action. Comments on
the interim rule will be available for inspection in the docket. The
NHTSA will continue to file relevant information as it becomes
available in the docket after the closing date, and it is recommended
that interested persons continue to examine the docket for new
material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be ``nonsignificant'' under the Department of
Transportation's regulatory policies and procedures. The amendments
pertain to optional label changes that are minor in nature. The agency
concludes that the impacts of the amendments are so minimal that a full
regulatory evaluation is not required.
B. Regulatory Flexibility Act
NHTSA has also considered the impacts of this document under the
Regulatory Flexibility Act. I hereby certify that this rule does not
have a significant economic impact on a substantial number of small
entities. The rule will not impose any new requirements or costs on
manufacturers, but instead will permit a manufacturer to use an
optional label on its child restraint if conditions on the use of the
label are met. Further, since no price increases are associated with
the rule, small organizations and small governmental units are not be
affected in their capacity as purchasers of child restraints.
C. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this rule.
D. National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will not have a significant impact on
the human environment.
E. Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
will not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
F. Civil Justice Reform
This rule has no retroactive effect. Under 49 U.S.C. 30103,
whenever a Federal motor vehicle safety standard is in effect, a State
may not adopt or maintain a safety standard applicable to the same
aspect of performance which is not identical to the Federal standard,
except to the extent that the state requirement imposes a higher level
of performance and applies only to vehicles procured for the State's
use. 49 U.S.C. 30161 sets forth a procedure for judicial review of
final rules establishing, amending or revoking Federal motor vehicle
safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, NHTSA amends 49 CFR Part 571 as
set forth below.
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 571.213 is amended by revising S5.5.2(k)(5), to read as
follows:
Sec. 571.213 Standard No. 213, Child Restraint Systems.
* * * * *
S5.5.2 * * *
(k) * * *
(5) If a child restraint system is equipped with a device that
deactivates the passenger-side air bag in a vehicle when and only when
the child restraint is installed in the vehicle and provides a signal,
for at least 10 seconds after deactivation, that the air bag is
deactivated, the label specified in Figure 10 may include the phrase
``unless air bag is off'' after ``on front seat with air bag.''
* * * * *
Issued on May 30, 1997.
Philip Recht,
Deputy Administrator.
[FR Doc. 97-14607 Filed 5-30-97; 3:22 pm]
BILLING CODE 4910-59-P
