Federal Motor Vehicle Safety Standards; Occupant Crash Protection, Child Restraint Systems

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]

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