[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Proposed Rules]
[Pages 32954-32963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13052]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 588
[Docket No. NHTSA-2004-17745]
RIN 2127-AI95
Federal Motor Vehicle Safety Standards; Child Restraint Systems;
Child Restraint Systems Recordkeeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to amend the content of the owner
registration form required by the Federal child restraint standard to
allow information about registering on-line to be on the card. The
proposed amendments would enhance the opportunity of consumers to
register their restraints online, which may increase registration
rates. The proposal would also better enable manufacturers to
supplement recall notification via first-class mail with e-mail
notification, which may increase the number of owners learning of a
recall and responding to it. This NPRM also proposes that the telephone
number that manufacturers must provide on child restraint labels for
the purpose of enabling consumers to register by telephone must be a
U.S. number.
DATES: You should submit comments early enough to ensure that Docket
Management receives them not later than August 13, 2004.
ADDRESSES: You may submit comments (identified by the DOT DMS Docket
Number) by any of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: (202) 493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comments
heading under the SUPPLEMENTARY INFORMATION section of this document.
Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see
the information regarding the Privacy Act under the Comments heading.
[[Page 32955]]
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: The following persons at the National
Highway Traffic Safety Administration:
For non-legal issues: Mr. Tewabe Asebe of the NHTSA Office of
Rulemaking at (202) 366-2365.
For legal issues: Mr. Christopher Calamita of the NHTSA Office of
Chief Counsel at (202) 366-2992.
You may send mail to both of these officials at the National
Highway Traffic and Safety Administration, 400 Seventh St., SW.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Background
III. CRS Registration and Internet Resources
a. Changes to the Registration Form.
1. Manufacturer's Internet Address.
2. Space for Consumers' E-Mail Addresses.
b. The Electronic Registration Form
c. Registration by Telephone
IV. New NHTSA Hotline Number.
V. Rulemaking Analyses and Notices
VI. Submission of Comments
I. Introduction
To improve recall effectiveness, this document proposes to permit
manufacturers of child restraint systems (CRSs) to include on the
mandatory CRS registration form information pertaining to the
opportunity of owners to register online and a field for customer e-
mail addresses. The proposed rule would enhance the existing
regulations intended to improve the percentage of recalled restraints
that are remedied in a recall campaign for a noncompliance or defect.
If a manufacturer were to voluntarily collect e-mail addresses as part
of a CRS registration program, a record of these addresses would have
to be maintained for six years in the same manner as is currently
required for all CRS registration information.
II. Background
Federal Motor Vehicle Safety Standard No. 213, ``Child Restraint
Systems'' (49 CFR 571.213) establishes an owner registration program
for child restraint systems. NHTSA implemented the program to improve
the effectiveness of manufacturer campaigns to recall child restraints
that contain a safety-related defect or that fail to conform to FMVSS
No. 213. By increasing the number of identified child restraint
purchasers, the program increases the manufacturers' ability to inform
owners of restraints about defects or noncompliances in those
restraints.
Under the program, child restraint manufacturers are required to
provide a registration form attached to each child restraint (S5.8).
The registration form must conform in size, content and format to forms
depicted in the standard (figures 9a and 9b). Each form must include a
detachable postage-paid postcard which provides a space for the
consumer to record his or her name and address, and must be preprinted
with the restraint's model name or number and its date of manufacture.
Except for information that distinguishes a particular restraint from
other systems, no other information is permitted to appear on the
postcard. CRS manufacturers are also required to supply a telephone
number on CRS labels to enable owners (particularly second-hand owners)
to register over the telephone. NHTSA requires manufacturers to keep a
record of registered owner information along with the relevant CRS
information (restraint model, serial number, and manufactured dates)
for not less than six years from the date of manufacture of the CRS (49
CFR Part 588, Child restraint systems recordkeeping requirements).
In the event of a recall, manufacturers must send notification by
first-class mail to the registered CRS users. (Public notice of the
recall can be also required.) Prior to the registration requirement,\1\
an estimated 3 percent of consumers registered their CRSs. Currently,
according to data from NHTSA's Office of Defect Investigation, the
registration rate is at 27 percent.
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\1\ The final rule establishing the registration requirement was
published September 10, 1992 and became effective March 9, 1993. (57
FR 41428).
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Since the CRS registration requirement became effective, access to
the Internet by the general public has risen significantly. The
September 2001 U.S. Census Bureau report, Home Computer and Internet
Use in the United States: August 2000, revealed that more than half of
the United States population has home computers; greater than a twofold
increase from 1993. The report also stated that forty-two percent of
all households had at least one household member who used the Internet
at home in 2000. Accompanying this increase in Internet access has been
a substantial rise in online consumer spending. According to a February
15, 2001, U.S. Census Bureau news release, online consumer spending
jumped from $7.7 billion in 1998 to $17.3 billion in 1999. From the
statistics above, it is apparent that the Internet, as an electronic
media, has a major role in business transactions and information
dissemination in the U.S. today. The rapid growth of the Internet and
Internet access provides an opportunity to improve the effectiveness of
CRS recall campaigns through increased owner registration.
III. CRS Registration and Internet Resources
This document proposes to permit CRS manufacturers the option of
including specified wording in the CRS registration form to provide for
online registration of CRSs. NHTSA does not currently prohibit CRS
manufacturers from using the Internet in their owner registration
programs. However, wording about registering online cannot currently
appear on the card.
The proposed amendments would facilitate online registration of
child restraints, which may increase registration rates. The proposal
would also better enable manufacturers to supplement recall
notification via first-class mail with e-mail notification, which may
increase the number of owners learning of a recall and responding to
it.
a. Changes To The Registration Form
The proposed rule would permit manufacturers to add to the
registration form: (a) Specified statements informing CRS owners that
they may register online; (b) the Internet address for registering with
the company; (c) revisions to statements reflecting use of the Internet
to register; and (d) a space for the consumer's e-mail address. For
those CRS owners with access to the Internet, online registration may
be a preferred method of registering a CRS. Providing for another means
of registration could help increase the number of registered CRSs.
Under today's NPRM, each CRS manufacturer would decide on its own
whether to include the new wording on its registration forms.\2\ NHTSA
is not mandating that all registration forms have the wording because
such a requirement would implicitly require manufacturers to have and
maintain an internet registration system. While over forty percent of
U.S. households had internet access in 2000, a majority did not.
Further, it is uncertain how many households in that forty percent had
consistent access to the internet.
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\2\ Manufacturers could choose whether to include the wording,
but they would not be permitted to vary it.
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[[Page 32956]]
1. Manufacturer's internet Address
Manufacturers choosing the option would be required to provide an
internet address that directly links consumers to the registration
form. By preventing the consumer from having to search for the form on
the manufacturer's Web site, the ease and convenience of registering is
increased.
2. Space for Consumers' E-Mail Addresses
Registration cards are currently required to provide space for a
CRS owner to provide his or her name, street address, city, state, and
ZIP Code, enabling a manufacturer to send recall notification by first-
class mail as required by 49 U.S.C. 30119(d)(2).
In October 2002, the agency published a technical report titled,
``Evaluation of Child Safety Seat Registration,'' \3\ which, among
other things, evaluated tools that could be used to increase the number
of CRS owner registrations. The report suggested the use of online
registration and notification, stating: ``Adding a space for an e-mail
address on the registration form could make initial recall notification
faster. It could also be helpful in locating seat owners that have
changed residence but retained their e-mail address.''
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\3\ DOT HS 809 518, NHTSA Technical Report.
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By permitting the collection of e-mail addresses on the CRS
registration form as proposed in this NPRM, manufacturers would have
the ability to provide e-mail notification of a recall in conjunction
with the mandatory first-class mail notification. Providing an
additional method of notifying CRS owners of a recall would increase
the likelihood of a recalled CRS being remedied.
Collection of customer e-mail addresses could also make initial
recall notification faster. A CRS customer can receive an e-mail
notification within a very short time frame after being issued.
Conversely, first-class mail notification can take up to several days
to reach the intended customer, and even longer if the letter must be
forwarded to a new address. Further, a CRS owner may maintain the same
e-mail address even after moving to a new street address, resulting in
an e-mail notification reaching the owner even if mail forwarding has
been discontinued.
With less than half of the nation having access to e-mail in the
home, a voluntary collection of e-mail addresses provides manufacturers
with the flexibility of supplementing first-class mail notification
without imposing potentially prohibitive costs. While the collection of
e-mail addresses would be voluntary, if a manufacturer were to collect
e-mail addresses it would be required to maintain a record of all
collected e-mails for a period of 6 years, just as with the other
registration information.
Question For Comment: 49 U.S.C. 30119(d)(2) specifies that recall
notification shall be sent by first class mail to the most recent
purchaser known to the manufacturer.\4\ The amendments proposed in this
document would establish a means by which CRS manufacturers would have
CRS owners' e-mail addresses in addition to first class mail addresses.
Comments are requested on the costs and benefits of having
manufacturers e-mail the recall notice if they have already provided
notification by first-class mail. Under what circumstances should
manufacturers be required to provide recall notification using both e-
mail and first-class mail?
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\4\ That section also provides that in addition, if the
Secretary decides that public notice is required for motor vehicle
safety, public notice shall be given in the way required by the
Secretary after consulting with the manufacturer.
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Separate List. In developing the current registration requirements,
focus groups reacted favorably to the idea of being assured by the
manufacturer that information retained in these records would not be
used for commercial mailing lists. We expect that the public would
respond similarly to assurances that a registered e-mail address would
not result in unsolicited e-mails. NHTSA expects that manufacturers
will respect owners' preferences that this information, along with
other registration information, will be kept separate from other
customer lists.
b. The Electronic Registration Form
FMVSS No. 213 mandates that CRS manufacturers provide a
standardized registration form because a standardized format increases
registration rates.\5\ To increase the likelihood that owners will find
online registration user-friendly, the proposed rule would standardize
the appearance of the online registration form presented to the
consumer. That is, similar to the standardized mail-in registration
form, the only fields that would be permitted on an online form would
be those for: (a) The owner's name and address; (b) the restraint model
and serial number; (c) date of manufacture of the CRS; and (d) at the
manufacturer's option, the owner's e-mail address. Comments are
requested on whether the above fields should be required fields, i.e.,
the registration will not be ``accepted'' unless the information is
provided. The online form would be required to contain relevant
portions of the standardized warnings and other information mandated
for mail-in registration cards, (including the restraint owner's name
and address; the restraint model and serial number; the restraint
manufacture date; and at the manufacturer's option, the restraint
owner's e-mail address).
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\5\ In developing the mail-in registration form, the agency
found that focus groups ``widely and enthusiastically accepted the
text and format of the parts of the form that did not vary among the
proposed options.'' 57 FR 414321.
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The only additional information permitted on the online form would
be information identifying the manufacturer and a link to the
manufacturer's Web site home page. Further, manufacturers would be
prevented from having additional screens or advertisement banners
appear as a result of a CRS owner accessing the Web page that contains
the registration form (e.g., ``pop-up advertisements'' would be
prohibited). By preventing additional information or advertising from
appearing on the registration page or as a result of accessing the
registration page, the benefits of a standardized registration form
would be maintained, helping to improve the rate of registration.
Comments are requested on whether some additional information should be
permitted or required on the form, e.g., instructions to the consumer
as to where the restraint's model name and number can be found. Unlike
the registration form that is attached to the child restraint, the
electronic registration form would not have the model name and number
pre-printed on the form, so consumers must enter this information
themselves. Comments are requested on how to facilitate a convenient
and accurate entering of this information by the consumer.
c. Registration By Telephone
When the agency established the CRS registration form requirement,
we also established a requirement for CRS manufacturers to label each
CRS with a telephone number that consumers could use to register their
restraints in the event the mail-in form wasn't used. This is
particularly important for persons owning secondhand restraints that
are missing the original registration form.
NHTSA was asked in a request for an interpretation of FMVSS No. 213
whether the telephone number must be a U.S. number. Our answer was the
standard does not require a U.S. number, but we were concerned that the
use of a non-U.S. telephone number would present a high cost to a CRS
owner seeking to register a CRS and
[[Page 32957]]
would be a disincentive for consumers to register.\6\
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\6\ http://www.nhtsa.dot.gov/cars/rules/interps/files/002775cmc_phoneno.html.
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We are unaware of any manufacturer currently providing a non-U.S.
telephone number. However, in order to address this foreseeable
impediment to registration of owners (particularly owners of secondhand
restraints), we are proposing to require that the telephone number
labeled on the CRS for registration purposes must be a U.S. number.
IV. New NHTSA Hotline Number
CRS manufacturers are required to provide the telephone number for
the U.S. Government's (NHTSA's) Auto Safety Hotline on both CRS labels
and the accompanying printed instructions. The Auto Safety Hotline
provides CRS owners with information on product recalls. Previously,
manufacturers were required to provide two phone numbers; a toll-free
number and a number for the District of Columbia area. The separate
phone number for the District of Columbia area is no longer needed, as
the toll-free number now functions for the entire U.S. Accordingly,
child restraint labels and instructions would only need to refer to the
toll-free number. This change would reduce the amount of wording on the
child restraint label, which should help increase the readability of
the label.
V. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rule under Executive Order
12866 and the Department of Transportation's regulatory policies and
procedures. This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' This action has been determined to
be ``nonsignificant'' under the Department of Transportation's
regulatory policies and procedures. We do not anticipate this proposal
to result in any costs for CRS manufacturers. The proposed rule would
not establish any new requirements for manufacturers of CRSs unless a
manufacturer chooses to collect e-mail addresses voluntarily or provide
an Internet address on the CRS registration card. If a manufacturer
were to voluntarily collect customer e-mail addresses and provide for
online registration of restraints, the anticipated costs for the
recordkeeping requirements would be minimal.
Many CRS manufacturers already provide an electronic product
registration service and by encouraging online registration,
manufacturers could reduce the number of postage-paid registration
cards returned, thereby reducing postage fees for the manufacturer.\7\
Manufacturers that collect customer e-mail addresses could incorporate
this information into the registration records currently maintained.
Also, CRS owner information submitted online would be in electronic
format, minimizing the data entry burden required to record owner
information and reduce recordkeeping costs.
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\7\ A manufacturer is not charged a fee by the post office for a
postage pre-paid postcard until the card is actually sent through
the mail.
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While the use of online resources for CRS registration has the
potential for increased CRS registration and enhanced recall
notification, we are not requiring manufacturers to have a means by
which consumers can register their CRSs via the Internet. We want to
avoid imposing potentially prohibitive costs on manufacturers not
currently equipped to incorporate Internet resources into CRS
registration. Manufacturers not currently situated for Internet
registration would have the cost of developing an Internet system to
process registrations as well as the costs associated with revising the
mandated registration forms and modifying recordkeeping procedures. If
and when Internet and e-mail access becomes more universal, the benefit
of mandatory Internet registration provisions can be evaluated.
B. Regulatory Flexibility Act
NHTSA has considered the impacts of this rulemaking action under
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that
the proposed amendment would not have a significant economic impact on
a substantial number of small entities. The proposed rule would not
impose any new requirements on manufacturers that produce CRSs. The
proposal would provide flexibility in CRS registration by allowing
manufacturers to promote electronic registration.
C. Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995, a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. The rule proposed in this document would
reconfigure the information collection and recordkeeping requirements
of FMVS No. 213 and 49 CFR part 588, which have been approved under OMB
No. 2127-0576. The agency does not anticipate this reconfiguration to
increase the cost or burden of the approved collection.
Agency: National Highway Traffic Safety Administration (NHTSA).
Title: Voluntary Child Safety Registration Form.
Type of Request: Reconfiguration of existing collection.
OMB Clearance Number: 2127-0576.
Form Number: None.
Summary of the Collection of Information
Under the rule proposed in this document, if a CRS manufacturer
were to voluntarily collect an e-mail address as part of the CRS
registration, then the manufacturer would be required to maintain a
record of that information. The recordkeeping format and retention
requirements for CRS owner e-mail addresses would be identical to the
format and retention requirements currently mandated for owner
registration under 49 CFR part 588. The proposed rule would also
require that if a manufacturer were to voluntarily provide for
electronic registration, then the manufacturer would be required to use
a standardized format similar to the format currently required for the
postage-paid registration form.
The proposed rule would not mandate the collection of e-mail
addresses or the use of electronic registration.
Description of the Need for the Information and Proposed Use of the
Information
Public access and use of the Internet has increased exponentially
since its inception. The proposed rule would permit manufacturers to
take advantage of this growth in technology and use electronic
registration as a supplement to registration by mail. This would
provide CRS owners with an additional option for registering a CRS and
increase the number of CRSs registered. By increasing the number of
identified child restraint purchasers, the program increases the
manufacturers' ability to inform owners of restraints about defects or
noncompliances in those restraints.
Description of the Likely Respondents (Including Estimated Number, and
Proposed Frequency of Response to the Collection of Information)
NHTSA estimates that twenty-three CRS manufacturers would be
subject to the reconfigured collection requirements. If a manufacturer
were to voluntarily collect a CRS owner's e-mail address as part of the
CRS registration, then the manufacturer would be required to record and
maintain that e-
[[Page 32958]]
mail address along with the registration information currently recorded
and maintained. If a CRS manufacturer were to provide for electronic
registration, the electronic registration form would be required to be
in a format similar to the format for the postage-paid form.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information
NHTSA does not anticipate a significant change to the hour burden
or costs associated with child restraint registration. By allowing
manufacturers the ability to promote online registration, we anticipate
a reduction in the collection and recordkeeping burden. Internet
registration would reduce a manufacturer's postage costs by reducing
the number of postage-paid registration cards sent through the mail.
Registration information collected on the Internet would be in an
electronic form, which could be more easily transferred and stored than
paper registration cards. Registration information received in
electronic form would reduce the data entry burden of CRS
manufacturers. This reduction in burden would offset any burden created
by the e-mail record keeping requirement and the standardized Internet
registration form.
NHTSA requests comment on its estimates of the total annual hour
and cost burdens resulting from this collection of information. Please
submit any comments to the NHTSA Docket Number referenced in the
heading of this notice or to: Mr. Tewabe Asebe of the NHTSA Office of
Rulemaking at (202) 366-2365. Comments are due by August 13, 2004.
D. National Environmental Policy Act
NHTSA has analyzed this proposed amendment for the purposes of the
National Environmental Policy Act and determined that, if adopted, it
would not have any significant impact on the quality of the human
environment.
E. Executive Order 13132 (Federalism)
Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, the agency may not issue a
regulation with Federalism implications, that imposes substantial
direct costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or the agency consults
with State and local officials early in the process of developing the
proposed regulation. NHTSA may also not issue a regulation with
Federalism implications and that preempts State law unless the agency
consults with State and local officials early in the process of
developing the proposed regulation.
The agency has analyzed this rulemaking action in accordance with
the principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The proposed rule would have
no substantial effects on the States, or on the current Federal-State
relationship, or on the current distribution of power and
responsibilities among the various local officials.
F. Executive Order 12778 (Civil Justice Reform)
This proposed rule would not have any retroactive effect. Under
section 49 U.S.C. 30103, whenever a Federal motor vehicle safety
standard is in effect, a State may not adopt or maintain a safety
standard applicable to the same aspect of performance which is not
identical to the Federal standard, except to the extent that the State
requirement imposes a higher level of performance and applies only to
vehicles procured for the State's use. Section 49 U.S.C. 30161 sets
forth a procedure for judicial review of final rules establishing,
amending or revoking Federal motor vehicle safety standards. That
section does not require submission of a petition for reconsideration
or other administrative proceedings before parties may file suit in
court.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs us to use voluntary consensus standards in regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards.
The agency searched for, but did not find any voluntary consensus
standards relevant to this proposed rule.
H. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Before promulgating a rule for which a written statement
is needed, section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows NHTSA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
agency publishes with the final rule an explanation why that
alternative was not adopted. If adopted, this proposed rule would not
impose any unfunded mandates under the Unfunded Mandates Reform Act of
1995. This proposed rule would not result in costs of $100 million or
more to either State, local, or tribal governments, in the aggregate,
or to the private sector. Thus, this proposed rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
I. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
[[Page 32959]]
VI. Submission of Comments
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are filed correctly 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)
NHTSA 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. You may also submit your comments to the docket
electronically by logging onto the Docket Management System (DMS) Web
site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/
Info'' to obtain instructions for filing your comments electronically.
Please note, 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.\8\
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\8\ 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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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 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 NHTSA's confidential
business information regulation (49 CFR part 512).
Will the Agency Consider Late Comments?
NHTSA 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, the agency will also
consider comments that Docket Management receives after that date. If
Docket Management receives a comment too late for the agency to
consider it in developing a final rule (assuming that one is issued),
the agency 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 (http://dms.dot.gov).
2. On that page, click on ``simple search.''
3. On the next page (http://dms.dot.gov/search/searchFormSimple.cfm cfm) type in the four-digit docket number shown at the
beginning of this document. Example: If the docket number were ``NHTSA-
1998-1234,'' 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. Although the comments are imaged documents,
instead of word processing documents, the ``pdf'' versions of the
documents are word searchable.
Please note that even after the comment closing date, NHTSA will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
the agency recommends that you periodically check the Docket for new
material.
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 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects
49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires, Incorporation by Reference.
49 CFR Part 588
Motor vehicle safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
parts 571 and 588 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFTEY 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 571.213 would be amended to revise paragraph (m) of
S5.5.2, paragraph (k) of S5.5.5, S5.6.1.7, S5.6.2.2, S5.8, and Figures
9(a) and 9(b), to read as follows:
Sec. 571.213 Standard No. 213; Child restraint systems.
* * * * *
S5.5.2 * * *
(m) One of the following statements, inserting an address, a U.S.
telephone number, and at the manufacturer's option, Web site:
(1) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [preceding four words is optional]
and the restraint's model number and manufacturing date to (insert
address) or call (insert a U.S. telephone number). For recall
information, call the U.S. Government's Auto Safety Hotline at 888-
DASH-2-DOT.''
(2) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [preceding four words is
optional], and the restraint's model number and manufacturing date to
(insert address) or call (insert a U.S. telephone number) or register
online at (insert Web site for electronic registration form). For
recall
[[Page 32960]]
information, call the U.S. Government's Auto Safety Hotline at 888-
DASH-2-DOT.''
* * * * *
S5.5.5 * * *
(k) One of the following statements, inserting an address, a U.S.
telephone number, and at the manufacturer's option, Web site:
(1) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline at 888-DASH-2-DOT.''
(2) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
telephone number) or register online at (insert Web site for electronic
registration form). For recall information, call the U.S. Government's
Auto Safety Hotline at 888-DASH-2-DOT.''
* * * * *
S5.6.1.7 The instructions shall include one of the following
statements inserting an address, a U.S. telephone number, and at
manufacturer's option, Web site:
(a) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline at 888-DASH-2-DOT.''
(b) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available (optional), and the restraint's
model number and manufacturing date to (insert address) or call (insert
telephone number) or register online at (insert Web site for electronic
registration form). For recall information, call the U.S. Government's
Auto Safety Hotline at 888-DASH-2-DOT.''
* * * * *
S5.6.2.2 The instructions for each built-in child restraint system
other than a factory-installed restraint, shall include one of the
following statements, inserting an address, a U.S. telephone number,
and at the manufacturer's option, Web site:
(a) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [optional], and the restraint's
model number and manufacturing date to (insert address) or call (insert
a U.S. telephone number). For recall information, call the U.S.
Government's Auto Safety Hotline at 888-DASH-2-DOT.''
(b) ``Child restraints could be recalled for safety reasons. You
must register this restraint to be reached in a recall. Send your name,
address, e-mail address if available [optional], and the restraint's
model number and manufacturing date to (insert address) or call (insert
U.S. telephone number) or register online at (insert Web site for
electronic registration form). For recall information, call the U.S.
Government's Auto Safety Hotline at 888-DASH-2-DOT.''
* * * * *
S5.8 Information requirements--attached registration form and
electronic registration form.
S5.8.1 Attached registration form.
(a) Each child restraint system, except a factory-installed built-
in restraint system, shall have a registration form attached to any
surface of the restraint that contacts the dummy when the dummy is
positioned in the system in accordance with S6.1.2 of Standard 213.
(b) Each attached form shall:
(1) Consist of a postcard that is attached at a perforation to an
informational card;
(2) Conform in size, content and format to Figures 9a and 9b of
this section; and
(3) Have a thickness of at least 0.007 inches and not more than
0.0095 inches.
(c) Each postcard shall provide the model name or number and date
of manufacture (month, year) of the child restraint system to which the
form is attached, shall contain space for the purchaser to record his
or her name, mailing address, and at the manufacturer's option, e-mail
address, shall be addressed to the manufacturer, and shall be postage
paid. No other information shall appear on the postcard, except
identifying information that distinguishes a particular child restraint
system from other systems of that model name or number may be
preprinted in the shaded area of the postcard, as shown in figure 9a.
(d) Manufacturers may voluntarily provide a Web address on the
attached registration form enabling owners to register child restraints
online, provided that the Web address is a direct link to the
electronic registration form meeting the requirements of S5.8.2 of this
section.
S5.8.2 Electronic registration form.
(a) Each electronic registration form must meet the requirements of
this S5.8.2. Each form shall:
(1) Contain the following statements at the top of the form:
(i) ``FOR YOUR CHILD'S CONTINUED SAFETY'' (Displayed in bold type
face, caps, and minimum 12 point type.)
(ii) ``Although child restraint systems undergo testing and
evaluation, it is possible that a child restraint could be recalled.''
(Displayed in bold typeface, caps and lower case, and minimum 12 point
type.)
(iii) ``In case of a recall, we can reach you only if we have your
name and address, so please fill in the registration form to be on our
recall list.'' (Displayed in bold typeface, caps and lower case, and
minimum 12 point type.)
(2) Provide as required registration fields, space for the
purchaser to record the model name or number and date of manufacture
(month, year) of the child restraint system, and space for the
purchaser to record his or her name and mailing address. At the
manufacturer's option, a space is provided the purchaser to record his
or her e-mail address.
(b) No other information shall appear on the electronic
registration form, except for information identifying the manufacturer
or a link to the manufacturer's home page. Accessing the Web page that
contains the electronic registration form shall not cause additional
screens or electronic banners to appear.
(c) The electronic registration form shall be accessed directly by
the Web address that the manufacturer printed on the attached
registration form. The form must appear on screen when the consumer has
inputted the Web address provided by the manufacturer, without any
further keystrokes on the keyboard or clicks of the mouse.
* * * * *
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PART 588--CHILD RESTRAINT SYSTEMS RECORDKEEPING REQUIREMENTS
1. The authority citation for part 588 would be revised 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 588.5 would be revised to read as follows:
Sec. 588.5 Records.
Each manufacturer, or manufacturer's designee, shall record and
maintain records of the owners of child restraint systems who have
submitted a registration form. The record shall be in a form suitable
for inspection such as computer information storage devices or card
files, and shall include the names, mailing addresses, and if
collected, e-mail addresses of the owners, and the model name or number
and date of manufacture (month, year) of the owner's child restraint
systems.
Issued on: June 4, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-13052 Filed 6-10-04; 8:45 am]
BILLING CODE 4910-59-P