[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Proposed Rules]
[Pages 65149-65150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20393]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2022-0097]


Federal Motor Vehicle Safety Standards

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

ACTION: Denial of petition for rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document denies a petition for rulemaking submitted by 
Mr. Eddie L. Fray on behalf of the Parent Advocacy Group on November 
27, 2015. The petitioner requested that the Secretary of Transportation 
mandate installation of specific products and systems as well other 
complementary safety features intended to prevent pediatric heatstroke 
in vehicles. NHTSA is denying the petition because the Agency does not 
initiate rulemaking to require installation of specific products.

DATES: September 21, 2023.

ADDRESSES: National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, West Building, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Riddoch, Office of Crash 
Avoidance Standards, National Highway Traffic Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590, Telephone: (202) 366-
2367, or Mr. Eli Wachtel, Telephone: 202-366-3065, Office of Chief 
Counsel. Address: National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590.

I. Background

    The National Traffic and Motor Vehicle Safety Act (``Safety Act'') 
(49 U.S.C. 30101 et seq.) authorizes NHTSA to issue safety standards 
for new motor vehicles and new items of motor vehicle equipment. Each 
Federal Motor Vehicle Safety Standard (FMVSS) must be practicable, meet 
the need for motor vehicle safety, and be stated in objective terms. 
NHTSA does not endorse any vehicles or items of equipment. Further, 
NHTSA does not approve or certify vehicles or equipment. Instead, the 
Safety Act establishes a ``self-certification'' framework under which 
each manufacturer is responsible for certifying that its products meet 
all applicable safety standards.
    Petitions for rulemaking are governed by 49 CFR 552. Pursuant to 
Part 552, the agency conducts a technical review of the petition, which 
may consist of an analysis of the material submitted, together with 
information already in possession of the agency. In deciding whether to 
grant or deny a petition, the agency considers this technical review as 
well as appropriate factors, which include, among others, allocation of 
agency resources and agency priorities.

II. Petition

    On November 27, 2015, Mr. Fray submitted a petition on behalf of 
the Parent Advocacy Group \1\ asking that the Secretary of 
Transportation mandate lifesaving features and systems intended to 
reduce heatstroke deaths of children in vehicles.\2\ The petitioner 
states that the mandate is necessary to save lives and requests that 
the Secretary issue the mandate within 30 days.\3\ A copy of the 
petition is available in the docket identified at the beginning of this 
document.
---------------------------------------------------------------------------

    \1\ The petition states that the Parent Advocacy Group is a 
group of members dedicated to ending heatstroke deaths of children 
in vehicles.
    \2\ Fray, Eddie L., Petition to the Secretary of Transportation 
to Mandate a Number of Higher Safety Standards to the Automobile 
Industry (``Fray Petition''), November 27, 2015, page 1.
    \3\ Id.
---------------------------------------------------------------------------

    In support of his request, the petitioner cites heatstroke death 
statistics dating back to 1998 as well as information about specific 
heatstroke deaths of children in vehicles. The petitioner also includes 
information about actions NHTSA has taken regarding child heatstroke 
deaths in vehicles and why he believes those actions fall short of what 
is needed.\4\ The petition then describes a product called ``the 
Guardian Cam,'' a heatstroke prevention alarm system called 
``Accessory,'' and a seat belt and pressure sensing alert system called 
``seat to seat.'' \5\ In addition to descriptions of the concepts, the 
petitioner included exemplar sketches of what the concepts would look 
like when installed in a vehicle. The petitioner also outlined how the 
concepts are designed to work in various scenarios to prevent child 
heatstroke in vehicles.
---------------------------------------------------------------------------

    \4\ Fray Petition at page 9.
    \5\ Fray Petition, pages 9-12. The petitioner has filed 
copyrights for some of these concepts with the U.S. Copyright Office 
in 2014 and 2015. (Guardian Car Cam: TXu001931485; Accessory: 
TXu001999496; S2S Hot Car System: TXu001982523).
---------------------------------------------------------------------------

    It is our understanding that the petitioner is requesting that the 
Secretary of Transportation mandate the installation of Guardian Cam 
and other complementary systems and features on new motor vehicles. The 
Secretary of Transportation has delegated responsibility for responding 
to this petition to NHTSA.

III. NHTSA's Consideration of the Petition and Decision

    NHTSA has conducted an analysis of Mr. Fray's petition and, after 
careful consideration, has decided to deny his petition and will not 
initiate rulemaking proposing to require his concept countermeasures. 
NHTSA is denying Mr. Fray's petition because it requests that NHTSA 
mandate specific products and accompanying features. Under the Safety 
Act, NHTSA is tasked with issuing motor vehicle safety standards that 
set minimum standards for motor vehicle or motor vehicle equipment 
performance. In doing so, NHTSA aims to establish standards that are 
performance-based and technology neutral. Additionally, as stated 
above, NHTSA does not endorse individual products. Accordingly, NHTSA 
finds that it would be inappropriate to grant a petition to initiate 
rulemaking to require specific products. Mr. Fray also asks the 
Secretary of Transportation to ``develop, demonstrate, and evaluate'' 
his proposed countermeasures. This request, however, does not fall 
within the scope of a petition for rulemaking under 49 CFR part 552.\6\
---------------------------------------------------------------------------

    \6\ Mr. Fray's petition did not request that NHTSA initiate 
rulemaking to require vehicles to be able to detect and respond to 
the presence of unattended children in seats, nor did it provide 
supporting information demonstrating the practicability and safety 
benefits of such a requirement. Such a request would have fallen 
within the scope of a petition for rulemaking under 49 CFR part 552.
---------------------------------------------------------------------------

    Although NHTSA is denying the petition, the agency shares Mr. 
Fray's concerns about the risk of pediatric heatstroke in vehicles and 
is committed to taking appropriate steps to address this issue. To this 
end, NHTSA continues to issue public messaging campaigns with numerous 
safety partners and conduct research. Additionally, NHTSA has recently 
initiated a rulemaking to establish new requirements to address 
pediatric heatstroke in vehicles.\7\
---------------------------------------------------------------------------

    \7\ The RIN for this planned rulemaking is 2127-AM49. For more 
information see https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202304&RIN=2127-AM49.

---------------------------------------------------------------------------

[[Page 65150]]

    Section 24222 of the Infrastructure, Investment and Jobs Act 
(commonly referred to as the Bipartisan Infrastructure Law or BIL) 
directs the Secretary of Transportation to issue a final rule requiring 
that passenger motor vehicles be equipped with a system to alert the 
operator to check rear-designated seating positions after the vehicle 
engine or motor is deactivated by the operator that shall include a 
distinct auditory and visual alert that may be combined with a haptic 
alert.\8\ The BIL further directs the Agency to conduct studies on the 
potential retrofitting of existing passenger motor vehicles with rear-
seat alert systems, as well as the potential benefits and economic 
burdens associated with those technologies. These technologies are 
intended to reduce the risk of children being left in rear-designated 
seating positions when the vehicle motor is deactivated.
---------------------------------------------------------------------------

    \8\ Infrastructure Investment and Jobs Act, Public Law 117-58, 
135 Stat. 429 Sec.  24222 (2021).
---------------------------------------------------------------------------

    NHTSA is also conducting research regarding the practicability of 
issuing performance standards that would require detection of 
unattended occupants in rear seats. Such requirements would provide 
safety benefits beyond the mandated minimum.

IV. Conclusion

    NHTSA has reviewed the petition for rulemaking submitted by Mr. 
Eddie L. Fray requesting that the Secretary of Transportation mandate 
installation of specific products intended to prevent the pediatric 
heatstroke in vehicles. NHTSA is denying the request because the agency 
does not initiate rulemakings to mandate specific products.
    In accordance with 49 U.S.C. 30162 and 49 CFR part 552, the 
petition for rulemaking from Mr. Eddie Fray is denied.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
delegations of authority at 49 CFR 1.95 and 501.8.

    Issued in Washington, DC.
Milton E. Cooper,
Director of Rulemaking Operations.
[FR Doc. 2023-20393 Filed 9-20-23; 8:45 am]
BILLING CODE 4910-59-P