[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Rules and Regulations]
[Pages 60563-60565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22851]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2004-18793]
RIN 2127-AJ39


Federal Motor Vehicle Safety Standards; Child Restraint Anchorage 
Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule; response to petition for reconsideration, 
correction.

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SUMMARY: In August 2004, NHTSA denied a petition for reconsideration of 
a final rule amending Federal Motor Vehicle Safety Standard No. 225, 
Child Restraint Anchorage Systems. The denial made impermissible the 
installation of stowable anchorages on or after September 1, 2004. In 
response to a petition from Mercedes-Benz U.S.A., today's document 
provides manufacturers until March 1, 2005 to achieve non-stowability 
of the anchor system.

DATES: The amendments made in this rule are effective October 12, 2004.

ADDRESSES: If you wish to petition for reconsideration of this rule, 
you should refer in your petition to the docket number of this document 
and submit your petition to: Administrator, Room 5220, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC, 
20590.

FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Michael Huntley, 
Office of Crashworthiness Standards, NHTSA (telephone 202-366-0029).
    For legal issues: Deirdre R. Fujita, Office of the Chief Counsel, 
NHTSA (telephone 202-366-2992).
    You can reach both of these officials at the National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC, 
20590.

SUPPLEMENTARY INFORMATION: On August 11, 2004, NHTSA published a final 
rule (69 FR 48818; Docket No. 18793) that provided the last of a number 
of planned responses to petitions for reconsideration of final rules 
establishing and amending Federal Motor Vehicle Safety Standard (FMVSS) 
No. 225, ``Child restraint anchorage systems'' (FMVSS No. 225, 49 CFR 
571.225).\1\ FMVSS No. 225 requires new vehicles to be equipped with 
child restraint anchorage systems consisting of two lower anchorage 
bars and a top tether anchor. Among other matters, the August 11, 2004 
document denied a petition for reconsideration from Keiper GmbH & Co. 
(Keiper) to allow the installation of stowable lower anchorage bars 
past August 31, 2004.
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    \1\ The final rule establishing FMVSS No. 225 was published 
March 5, 1999 (64 FR 10786, docket 98-3390, notice 2). NHTSA 
responded to petitions for reconsideration of the final rule in 
documents published August 31, 1999 (64 FR 47566; Docket No. 6160), 
July 31, 2000 (65 FR 46628; Docket No. 7648), June 27, 2003 (68 FR 
38208; Docket No. 15438; corrected 68 FR 54861), and August 11, 2004 
(supra).
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    NHTSA denied the request to allow stowable anchorage bars on a 
permanent basis out of a concern that a general use of these anchorage 
systems might impede efforts to achieve maximum compatibility between 
child restraint systems and the vehicle anchorage system. NHTSA 
acknowledged that stowable anchorages were being used by DaimerChrysler 
on limited models (69 FR 48821).\2\
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    \2\ DaimlerChrylser AG is the parent corporation of Mercedes 
Benz U.S.A. LLC.
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    On September 7, 2004, Mercedes-Benz U.S.A. (MBUSA) submitted a 
petition for reconsideration of the decision on the Keiper petition. 
MBUSA asked for an extension of time, to March 1, 2005, to comply with 
the agency's directive that lower anchorages cannot be stowable. MBUSA 
stated that its C-Class, CLK-Class and Maybach models are equipped with 
stowable anchorages and that the changes necessary to make

[[Page 60564]]

their anchorages non-stowable (described below) will take until March 
1, 2005 to implement, even when using the fastest possible 
implementation schedule. The manufacturer also stated that there have 
been no consumer complaints about the stowable system, which led MBUSA 
to believe that there would be no adverse safety consequence to 
extending the date to March 1, 2005.

Agency Decision

    In a notice of proposed rulemaking that proposed to establish a new 
Federal motor vehicle safety standard mandating tire pressure 
monitoring systems (69 FR 55895, September 16, 2004, Docket 19054), 
NHTSA clarified some of the implications of submitting petitions for 
reconsideration of final rules. That discussion warrants repeating 
here. The agency carefully reviews the petitions it receives before 
deciding the appropriate response to a petition. While petitions are 
pending, the final rule is effective as originally promulgated. 
Manufacturers cannot assume that the agency will make the changes 
requested in their petitions. Accordingly, they must plan to comply 
with the final rule as issued, without reservation.
    To allow manufacturers to do otherwise would be contrary to the 
public interest. The effective date of a final rule, and the societal 
benefits associated with it, cannot be delayed by the mere filing of 
petitions for reconsideration.
    At the same time, NHTSA recognizes that it has a responsibility to 
provide a timely response to petitions. In the case at hand, the agency 
did not respond to the petition for reconsideration until only three 
weeks remained in the period during which the stowable anchorages were 
allowed. Further, in denying the petition, NHTSA did not assess the 
difficulty MBUSA would have in making its anchorages non-stowable at 
that late juncture.
    In light of this, NHTSA has decided to allow vehicle manufacturers 
until March 1, 2005 to make necessary design changes and cease use of 
stowable anchorages. MBUSA stated in its petition that it has sought to 
make its anchorages non-stowable in the quickest time possible and that 
it cannot immediately achieve non-stowability of the anchorages. MBUSA 
said that it considered simply locking the anchorages in the extended 
position, but found this to be unfeasible because a portion of the 
anchorage is large enough to make use of the rear seat by adult 
occupants extremely uncomfortable. The manufacturer also considered 
locking in place smaller ``attachment clips,'' but found this too to be 
unfeasible because the smaller clips did not provide sufficient 
clearance for a child restraint fastener to extend fully over them. 
MBUSA believes that it must develop a new child restraint attachment 
assembly. The manufacturer stated that it needs to develop new tooling 
for the anchorage, change the tooling for the cross-member and produce 
a new welding tool. It also has to reduce the following aspects of 
production to the shortest amount of time: the technical clearance of 
design of the new anchorage assembly; feasibility testing; parts 
ordering; sample checking; manufacturing process; and delivery to the 
assembly line. MBUSA stated that the necessary modifications cannot be 
implemented before March 1, 2005.
    The agency believes that the only quick fixes MBUSA could develop 
proved unworkable. Because a rapid fix is not available, MBUSA is 
expediting the development of a new child restraint attachment 
assembly. Extending the deadline to March 1, 2005 fairly implements the 
denial of the Keiper petition. Accordingly, the deadline is extended to 
March 1, 2005.

Correction

    Although the August 11, 2004 denial of Keiper's petition intended 
to prohibit the installation of stowable anchorages past September 1, 
2004, it is not evident from the regulatory text of FMVSS No. 225 that 
stowability of the anchorages after that date (which has been changed 
to March 1, 2005 by this document) is impermissible. To make that 
impermissibility clearer, the agency is adding a provision to S9.1.1 
that specifies that the anchorage bars on vehicles manufactured on or 
after March 1, 2005 must not be stowable (i.e., foldable or otherwise 
stowable).

Effective Date

    The agency is making today's amendment effective on publication. 
This final rule provides a 6-month period to meet the requirement that 
lower anchorages not be stowable. MBUSA could not now sell the three 
models of vehicles that have stowable lower anchorages if the 
amendments were not effective on publication. NHTSA thus finds for good 
cause to make this amendment effective in less than 180 days.

Rulemaking Analyses and Notices

a. Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' This document simply provides 
manufacturers (and MBUSA is the sole manufacturer using stowable bars) 
some time to render their lower anchorage bars non-stowable. Stowable 
anchorages have been permitted for a number of years and have not been 
used on a widespread basis. Vehicle manufacturers are unlikely to begin 
installing stowable bars in vehicles that do not now have them knowing 
that their installation would only be allowed until March 1, 2005. 
Based on our review of the potential impacts of this action, we have 
determined that this action is not significant within the meaning of 
the Department of Transportation's regulatory policies and procedures. 
We have further determined that the effects of this rulemaking do not 
warrant preparation of a full final regulatory evaluation.

b. Regulatory Flexibility Act

    NHTSA has considered the effects of this rulemaking action under 
the Regulatory Flexibility Act. I hereby certify that it will not have 
a significant economic impact on a substantial number of small 
entities. This rule affects motor vehicle manufacturers, almost all of 
which are not small businesses. Even if there are motor vehicle 
manufacturers that qualify as small entities, this rule will not have a 
significant economic impact on them because it generally does not 
change the manufacturers' responsibilities to install non-stowable 
child restraint anchorage systems pursuant to FMVSS No. 225. This rule 
just provides more time in which to make stowable lower bars non-
stowable. Accordingly, the agency has not prepared a regulatory 
flexibility analysis.

c. Executive Order 13132 (Federalism)

    This rulemaking action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132. This 
rulemaking will not have a substantial direct effect on 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, as specified in Executive Order 13132. Accordingly, NHTSA 
has determined that this rulemaking does not contain provisions

[[Page 60565]]

that have federalism implications or that preempt State law.

d. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the costs, benefits and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. This rulemaking does not impose any unfunded 
mandates as defined by that Act.

e. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA)(Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' The August 11, 2004 final rule addressed the NTTAA 
regarding NHTSA's decision to deny Keiper's petition on installing 
stowable anchorages on a permanent basis. There are no technical 
standards relating to the specific issue addressed by today's document.

f. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this action will not have any significant impact on 
the quality of the human environment.

g. Executive Order 12778 (Civil Justice Reform)

    This rulemaking does 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. 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.

h. Paperwork Reduction Act

    This rule does not contain any collection of information 
requirements requiring review under the Paperwork Reduction Act of 1995 
(Pub. L. 104-13).

i. Viewing Docket Submissions

    You may read the submissions received by Docket Management at Room 
PL-401, 400 Seventh Street, SW., Washington, DC, 20590 (telephone 202-
366-9324). You may visit the Docket from 10 a.m. to 5 p.m., Monday 
through Friday.
    You may also see the submissions on the Internet. Go to the Docket 
Management System (DMS) Web page of the Department of Transportation 
(http://dms.dot.gov/).
    Anyone is able to search the electronic form of all submission 
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 in 49 CFR Part 571

    Imports, Incorporation by reference, Motor vehicle safety, 
Reporting and recordkeeping requirements, Tires.

0
In consideration of the foregoing, NHTSA amends 49 CFR Chapter V as set 
forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
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.

0
2. Section 571.225 is amended by adding S9.1.1(d) and republishing 
S9.1.1(e).
    The added and republished paragraphs read as follows:


Sec.  571.225  Standard No. 225; Child restraint anchorage systems.

* * * * *
    S9.1.1 The lower anchorages shall consist of two bars that--
    * * *
    (d) For bars installed in vehicles manufactured on or after March 
1, 2005, the bars must not be capable of being stowable (foldable or 
otherwise stowable).
    (e) [Reserved]
* * * * *

    Issued on October 5, 2004.
Jeffrey W. Runge,
Administrator.
[FR Doc. 04-22851 Filed 10-8-04; 8:45 am]
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