[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11513-11518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6137]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-20; Notice 4]


Child Safety Seats; Settlement Agreement Between General Motors 
and U.S. Department of Transportation

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

ACTION: Notice; request for certifications.

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SUMMARY: This notice, the fourth and final of its kind, describes a 
settlement agreement between General Motors (GM) and the U.S. 
Department of Transportation (DOT), under which GM agreed to donate 
funds to one or more qualified national organizations for the purchase 
and distribution of child safety seats. Organizations that wish to 
receive such funds are required to certify in writing that they are 
qualified, in accordance with criteria established in the agreement. To 
qualify, organizations must demonstrate that they are national in 
scope, and they must submit a plan showing they are prepared to 
purchase and distribute child safety seats within 120 days of their 
receipt of the funds. They must also meet other requirements. 
Organizations are strongly encouraged to form partnerships and work 
collaboratively for the purpose of applying for funds. If organizations 
plan to work collaboratively, they should submit a single combined 
certification.
    This notice requests that organizations submit certifications and 
it describes the criteria they must meet and the information they must 
submit with their certifications to be eligible to receive these funds. 
Similar notices were published in the Federal Register on March 31 and 
June 29, 1995, and on March 29, 1996. As a result of the March 1995 
notice, six organizations were determined by NHTSA to be qualified and 
were selected by GM to receive a total of $2 million for the purchase 
and distribution of child safety seats. As a result of the June 1995 
notice, six organizations were determined by NHTSA to be qualified and 
three were selected by GM to receive a total of $2 million for the 
purchase and distribution of child safety seats. As a result of the 
March 1996 notice, four organizations were determined by NHTSA to be 
qualified and were selected by GM to receive a total of $2 million for 
the purchase and distribution of child safety seats.
    As a result of today's notice, one or more organizations will be 
determined by NHTSA to be qualified and will be selected by GM to 
receive the final $2 million in donations for the purchase and 
distribution of child safety seats under the settlement agreement.

DATE: Certifications must be received no later than May 12, 1997.

ADDRESS: Certifications should be submitted to: Office of Communication 
and Outreach, NTS-22, Room 5118, 400 Seventh Street, S.W., Washington, 
D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Neverman, National Outreach 
Division, NTS-22, National Highway Traffic Safety Administration, 400 
Seventh Street, S.W., Washington, D.C. 20590. Telephone (202) 366-2683.

SUPPLEMENTARY INFORMATION:

DOT/GM Settlement Agreement

    On December 2, 1994, then Secretary of Transportation Federico Pena 
announced that DOT and GM had agreed in principle to a resolution of 
the investigation by the National Highway Traffic Safety Administration 
(NHTSA) into an alleged defect related to motor vehicle safety in 
certain 1970-1991 GM C/K pickup trucks. The terms of the resolution 
were finalized in a separate agreement that was executed between GM and 
DOT on March 7, 1995.
    Under the terms of the agreement, GM agreed to provide funds over a 
period of five years to support highway safety research and programs 
that will prevent motor vehicle deaths and injuries.
    In the area of child safety, GM agreed to donate $8,000,000 to 
qualified organizations for the purchase and distribution of child 
safety seats. The agreement provided that, of this amount, $4,000,000 
will be donated during the first year after the date of the agreement 
(approximately $1,000,000 each quarter) and $4,000,000 will be donated 
over the next four years (at approximately the rate at which DOT 
expends funds for the development and support of child safety seat 
loaner and give-away programs during that period). The seats will be 
directed to underserved low income and special needs populations.
    The agreement between GM and DOT provides:

    DOT shall identify, on an ongoing basis so as to facilitate 
timely GM donations, qualified organizations which DOT in its sole 
discretion deems appropriate to receive donations from GM for the 
purchase and distribution of child safety seats. GM, in its sole 
discretion, shall select from the list of qualified organizations 
provided by DOT, the organization(s) to which it will donate funds, 
and shall decide the exact amount of funds that each such 
organization will receive.

    The agreement provides further that any organization that is 
interested in being identified as a ``qualified organization'' must 
certify to DOT in writing that it will meet a number of criteria set 
forth in the agreement.
    NHTSA estimates that these funds will allow for the purchase and 
distribution of between 125,000 and 200,000 child safety seats for 
needy families which, in turn, will save at least 50 lives and prevent 
approximately 6,000 injuries.

Child Safety

    There are approximately 25 million young children under the age of 
eight years old who need the protection of child safety seats. One 
fourth of these children come from families that are below the poverty 
level.
    As many as 3 million children in low-income families do not have 
access to adequate child safety seats. An additional 3 million children 
or more have access to child safety seats but, for a variety of 
reasons, are not being secured in these seats properly. Additionally, 
children with special transportation needs, such as children with 
disabilities, often require uniquely designed child safety seats that 
are too expensive for most families of low or average income to afford.
    For these and other reasons, millions of children ride each day 
either unprotected or inadequately protected by child safety seats. A 
disproportionate number of these children are from low income or rural 
families or from culturally diverse populations.
    To increase child safety seat usage, child safety seats must be 
made more readily available, particularly to underserved low income and 
special needs families. These families must also be motivated to use 
child safety seats and educated about their proper usage.
    An effective child safety seat program can reach, and have a major 
positive impact on, large numbers of children as well as their 
families. To be most effective, however, the program must ensure that 
seats are distributed primarily to the populations most at risk, 
including underserved low income

[[Page 11514]]

and special needs families. If programs do not target these 
populations, the seats could be provided instead to families that could 
otherwise afford to purchase them, with little net benefit.

Previous Notices

    On March 31 and June 29, 1995, and on March 29, 1996, NHTSA 
published notices in the Federal Register describing the agreement 
between GM and DOT and requesting that organizations interested in 
receiving funds certify in writing that they are qualified. NHTSA 
received over 20 certifications in response to the March 1995 notice, 8 
certifications in response to the June 1995 notice and 4 certifications 
in response to the March 1996 notice.
    Copies of these previous notices and the certifications received in 
response to them have been placed in NHTSA's Technical Reference 
Division (TRD), Docket Section, under Docket Number 95-20; Notices 1, 2 
and 3. Individuals that wish to order a copy of these materials may do 
so by calling or writing to the TRD at Room 5108, 400 Seventh St., SW, 
Washington, D.C. 20590 (telephone number 202-366-2768) and referencing 
these docket numbers. A fee may be charged, based on the volume of 
material that is requested.
    The certifications that NHTSA received in response to the notices 
were reviewed by evaluation panels of experienced NHTSA personnel, who 
determined whether the certifications met each of the required criteria 
and evaluated the certifications based on the evaluation factors 
specified in the notice.
    The panel that reviewed the certifications responsive to the March 
1995 notice determined that six organizations were qualified to receive 
donations from GM: National SAFE KIDS Campaign; National Safety Council 
(NSC); International Association of Chiefs of Police (IACP); National 
Easter Seal Society; Safe America Foundation/Operation Baby Buckle; and 
the State and Territorial Injury Prevention Directors Association 
(STIPDA).
    GM decided that each of these organizations would receive donations 
for the purchase and distribution of child safety seats under the 
settlement agreement. GM donated $1.5 million to SAFE KIDS to 
coordinate a major child safety seat program with three other qualified 
organizations (NSC, IACP and STIPDA), and specified that half of the 
child safety seats purchased by SAFE KIDS would be divided equally 
among NSC, IACP and STIPDA, to be distributed through their channels. 
GM also donated $400,000 to the National Easter Seal Society for its 
``unique program that reaches `special needs' infants and children'' 
and $100,000 to Operation Baby Buckle for ``the distribution of seats 
and its active public education and car safety seat awareness 
programs.''
    The panel that reviewed the certifications responsive to the June 
1995 notice determined that six organizations were qualified to receive 
donations from GM.
    GM decided that three of these organizations would receive 
donations for the purchase and distribution of child safety seats under 
the settlement agreement. GM donated $800,000 to National SAFE KIDS 
Campaign, which formed a coalition with National Head Start Association 
and the National Association of Community Health Centers, ``to reach a 
group that was more diverse than during the first phase of the 
program.'' GM donated $800,000 to SAFE TEAM, USA, which forged an 
alliance that included the Safe America Foundation, the National Safety 
Council, the Native American Injury Prevention Network, the National 
Association of Community Action Agencies, the National Coalition of 
Hispanic Health and Human Services Organizations and the International 
Association of Chiefs of Police. GM stated that it expected this 
alliance ``to reach deep into many communities.'' The alliance also 
proposed ``a unique fund-raising activity to provide more child safety 
seats than could ordinarily be purchased with these funds.'' GM also 
donated $400,000 to the National Easter Seal Society, which added the 
National Shriners Hospitals to its distribution plan for ``an even 
greater distribution program during the second phase.'' GM stated that 
this organization ``has demonstrated its capability to deliver child 
safety seats in a timely manner to ``special needs'' infants and 
children.'
    The panel that reviewed the certifications responsive to the March 
1996 notice determined that four organizations were qualified to 
receive donations from GM: the National Easter Seal Society; the 
National Association of Children's Hospitals and Related Institutions 
(NACHRI), in association with the American Academy of Pediatrics (AAP), 
the National Association of Public Hospitals, and the Council of 
Women's and Infant's Specialty Hospitals (C-WISH); the Safe Team, which 
is comprised of the Safe America Foundation, the National Safety 
Council, the Native American Injury Prevention Coalition, the National 
Association of Community Action Agencies, the National Coalition of 
Hispanic Health and Human Services Organizations, and the International 
Association of Chiefs of Police; and the National SAFE KIDS Campaign, 
in association with the National Head Start Association and the 
National Association of Community Health Centers.
    GM decided to donate funds to each of these organizations for the 
purchase and distribution of child safety seats under the settlement 
agreement. GM decided to donate $400,000 to the National Easter Seal 
Society, $600,000 to NACHRI and its associates, $500,000 to the Safe 
Team, and $500,000 to the National SAFE KIDS Campaign and its 
associates.

Today's Notice

    Today's notice describes the criteria that an organization must 
meet, and the information it must submit with its certification, to be 
identified by DOT as a ``qualified organization.'' Certifications must 
be received no later than 60 days after the date of publication of 
today's notice in the Federal Register.
    NHTSA will again convene a panel of experienced agency personnel to 
evaluate the certifications submitted. The members of the panel will 
determine whether the certifications meet each of the required criteria 
and will evaluate the certifications based on the evaluation factors 
specified in this notice. When the panel completes its review of the 
certifications, it will prepare a list of organizations it has 
determined to be qualified to receive donations for the purchase and 
distribution of child safety seats. NHTSA will provide the list to GM 
and place the list in the public docket.
    This list of organizations will be used by GM to select the 
recipients of the final $2 million for the purchase and distribution of 
child safety seats under the settlement agreement.
    Any organization that wishes to be included on this fourth (and 
final) list, whether or not the organization was included on a previous 
list, must submit a certification.

Certification Criteria Established in Settlement Agreement

    As explained earlier in this notice, the settlement agreement 
between GM and DOT provided that DOT would identify, on an ongoing 
basis, qualified organizations to be considered to receive GM 
donations, and GM would select recipients of donations from DOT's list 
of qualified organizations. In order to be considered for inclusion on

[[Page 11515]]

the list as a ``qualified organization,'' the agreement provided that 
an organization must certify in writing that it shall meet eleven 
separate criteria. Listed below are descriptions of these criteria and 
the information that organizations must submit in their certifications 
to demonstrate compliance with them. (Following this section of the 
notice, in a section entitled ``Certification Procedure,'' this notice 
describes the procedure organizations must follow to be considered for 
inclusion on the list as a ``qualified organization'' and includes a 
summary of the documents and additional information organizations must 
submit.)

(1) Work Through Affiliates

    The organization must certify in writing that it shall:

work, through its state or local affiliates, with agencies such as 
children's hospitals and health agencies to identify families who 
could not otherwise afford seats or who have special needs

    Organizations must be national in scope and have established and 
effective affiliate relationships at the state or local level capable 
of carrying out the effort. Organizations can satisfy this criterion by 
showing that they will work through their own state or local affiliates 
(e.g., units or chapters specifically organized to carry out the 
organization's mission) or with other affiliates (e.g., state or 
locally-based child safety-related agencies or organizations, such as 
children's hospitals or fire and rescue agencies), and by showing that 
they have commitments from these state or local affiliates.
    Organizations that wish to participate in this program, and are 
state or locally-based rather than national in scope, are encouraged to 
affiliate with a national organization that plans to submit a 
certification or to encourage a national organization with which they 
are already affiliated to submit a certification.
    Through these affiliates, organizations must have a network that 
will enable them to identify families of target populations who have 
not been reached through traditional channels, including families who 
could not otherwise afford seats or who have special needs, and to 
distribute seats and provide education to these families.
    Organizations must submit information regarding their structure and 
a designation of geographic locations of state and local affiliates 
that are expected to be involved in the effort. Organizations must also 
submit information regarding the organizations and agencies with which 
they will be affiliated for purposes of this program. In addition, 
organizations must describe their relationships with affiliates, 
including the role that affiliates will play, and they must demonstrate 
that they have commitments from affiliates (such as by submitting 
letters of commitment).

(2) Existing Program or Trained Staff

    The organization must certify in writing that it shall:

have an existing loaner or give-away child safety seat program or 
have staff trained in child passenger safety issues

    Organizations must have experience, either directly or through 
their affiliates, with a loaner or give-away program or staff trained 
in child passenger safety issues. Alternatively, organizations may 
collaborate with organizations that have such experience or trained 
staff, either directly or through their affiliates. National 
organizations that have the ability to reach underserved populations, 
but do not have experience with a child safety seat program or trained 
staff, for example, are strongly encouraged to collaborate with one or 
more national organizations that do. The experience or training is 
necessary to ensure that organizations, and their affiliates, are able 
to operate child safety seat programs, and to meet the deadlines and 
requirements established in the agreement for distributing seats and 
providing education to the recipients of the seats.
    Organizations must describe their existing loaner or give-away 
child safety seat programs and their experience in providing education 
on the use of child safety seats. They must also describe existing 
loaner or give-away programs and experience in providing education of 
agencies or organizations that are affiliated with them or with which 
they have collaborative relationships.
    Organizations must identify the number of current trained staff (of 
the organization, its affiliates and its collaborators) and provide a 
description of training conducted or taken by the staff and the dates 
of last training. If organizations have staff who have not been 
trained, but who are capable of being trained in child passenger safety 
issues, the organizations should describe their plans for training the 
staff.
    If organizations plan to work collaboratively, they should submit a 
single combined certification. The certification must include letters 
of commitment from all collaborators.
    Organizations are advised that NHTSA has trained hundreds of 
individuals throughout the country in child passenger safety issues. If 
organizations are interested in receiving assistance from individuals 
who have received NHTSA training, they should contact one of NHTSA's 
ten regional offices, or the Governor's Highway Safety Representative 
in their State. Organizations must keep in mind, however, that they 
must be prepared to purchase and distribute child safety seats within 
120 days of their receipt of the funds. Accordingly, their staff must 
be trained within the 120-day period.

(3) Low-income or special needs across broad geographic area

    The organization must certify in writing that it shall:

distribute the seats to low-income families and/or families with 
special needs across a broad geographical area throughout the United 
States

    The intent of this provision is to assure that underserved children 
from culturally diverse populations throughout the United States 
receive the benefits of the program. Qualified organizations need not 
distribute seats in every state. However, as stated previously, they 
must have a program that is national in scope and reaches their target 
populations throughout the United States.
    Organizations must submit their mission statements, a description 
of the method they will use to identify underserved low income or 
special needs families, and a list of the geographic locations that 
would be targeted for receipt of the seats. They must demonstrate the 
ability to identify underserved low income and special needs families, 
and the ability to distribute seats to these families at the community 
level throughout the United States.

(4) Mix of Child Safety Seats

    The organization must certify in writing that it shall:

comply with NHTSA guidelines with respect to the approximate mix of 
child safety seats (e.g., infant, toddler, booster, special needs)

    Children of differing ages and transportation needs require 
different types of child safety seats. The intent of this provision is 
to assure that the children who are recipients under this program 
receive seats that meet their needs. The provision is also intended to 
assure that organizations purchase the correct mix of seats for their 
target population.
    Organizations will need to identify the ages and transportation 
needs of the intended recipients and the types of seats needed to 
properly fit the target group. For example, an organization

[[Page 11516]]

targeting special needs children may need very specialized seats, while 
a program targeting older children may need convertible toddler and 
booster child restraint devices.
    Organizations must specify the maximum number of seats they are 
capable of distributing to local agencies (their affiliates) within 120 
days of their receipt of the funds and the amount of funding they are 
requesting from GM to purchase and distribute this number of seats. 
Organizations must specify the proposed mix and types of seats needed 
to serve the age and needs of the populations to be targeted (i.e., 25% 
booster seats, 50% toddler seats, 20% infant seats and 5% special needs 
seats), and must describe the method used to derive the mix. They 
should indicate whether the mix would change if they receive less 
funding than the full amount requested.
    Organizations should also indicate whether they plan to operate a 
loaner or a give-away program and what fees, if any, they intend to 
charge. Both types of programs are acceptable. Any fees charged to 
recipients must be nominal, and any income from these fees must be used 
for the purchase and distribution of additional child safety seats 
under the agreement.

(5) Within 120 Days

    The organization must certify in writing that it shall:

distribute all of the seats purchased with the funds provided by GM 
to the local agencies within 120 days of the receipt of the funds

    Organizations are required, under the agreement, to purchase and 
distribute all of the seats to local agencies (their affiliates) within 
120 days of receipt of the funds. To satisfy this criterion, 
organizations must clearly demonstrate the ability to meet this 
requirement.
    As stated previously, organizations must submit a plan describing 
how they will accomplish the purchase and distribution of seats to 
local agencies (their affiliates) within the 120-day period. The plan 
must describe how the organization will reach a broad geographical 
area, how it will identify the low income and special needs families to 
be served by this program, and it must include a proposed schedule for 
the purchase and distribution of seats. The plan must clearly 
demonstrate that the organization is able and prepared to purchase and 
distribute child safety seats to local agencies (their affiliates) 
within 120 days of their receipt of the funds and that, if their staff 
is not already experienced or trained, that they will be trained within 
the 120-day period.
    Organizations that were selected by GM to receive donations for the 
purchase and distribution of child safety seats under the settlement 
agreement as a result of the Federal Register notices published in 
March or June 1995, or in March 1996, must also describe the progress 
they have made, including the schedule they have followed, the number 
of seats they have distributed to local agencies (their affiliates) and 
the number of seats that have been provided to recipients, by 
geographic location.
    Organizations must also demonstrate that the distribution and 
education efforts funded under this program will either create new 
initiatives or complement (rather than duplicate) existing initiatives, 
in the geographic areas to be served. In other words, these 
distribution and education efforts should take place in communities 
that have either been underserved or not been reached. In addition, 
organizations must ensure that their efforts do not conflict with 
activities already planned or underway. This may be demonstrated by 
including in the plan, a description of new or complementary 
initiatives that are planned and either letters of support from the 
organizations that are (or would be) responsible for child safety seat 
programs in the geographic areas to be served (such as state highway 
safety offices and state public health agencies) or a description of 
the organization's plans to coordinate with these responsible 
organizations.

(6) Educate Recipients

    The organization must certify in writing that it shall:

educate recipients of the seats as to methods of proper installation 
and use

    While the distribution of child safety seats is vitally important, 
and can save many children's lives, the effectiveness of those seats in 
preventing injury and death increases significantly when recipients are 
trained in and follow proper use and installation instructions. 
Organizations are required, under the agreement, to provide education 
to the recipients of the seats regarding the proper installation and 
use of child safety seats. Education is most effective if it is 
provided at the time that the seats are being distributed to 
recipients, and if it includes a number of components, such as 
conducting a hands-on demonstration, showing a video and having 
recipients demonstrate that they understand how to properly install and 
use their child safety seats.
    Organizations must describe the specific means they, their 
affiliates or their collaborators will use to educate families about 
the proper installation and use of child safety seats.
    To assist in this effort, NHTSA will make resources, including 
materials and technical assistance, available to the selected 
organizations.

(7) Administrative Expenses

    The organization must certify in writing that it shall:

not use more than 10 percent of the funds provided by GM for 
administrative expenses related to distribution of the seats

    Organizations shall use no more than 10 percent of the funds 
provided by GM for administrative expenses related to the distribution 
of the seats. Examples of administrative expenses include operational 
overhead such as secretarial support, telephone expenses, and time of 
paid staff to help develop the plans for these efforts.
    As stated previously, organizations are strongly encouraged to work 
collaboratively for the purpose of applying for funds. If organizations 
plan to work collaboratively, they should submit a single combined 
certification. Any such certification submitted for a group of 
organizations working collaboratively, must include a statement that 
provides that the organizations have reached agreement regarding the 
manner in which funds that may be used for administrative expenses will 
be allocated among the organizations. The actual agreement need not be 
provided. No additional information is required to be submitted at this 
time in support of this element of the certification.

(8) Added to Existing Funds and No Diversions

    The organization must certify in writing that it shall:

add the GM-provided funds to the total of its existing funds spent 
on the distribution of child safety seats to low-income families and 
not divert any funds currently budgeted to such activities to other 
activities

    Organizations shall add the GM-provided funds to the total of their 
existing funds, if any, spent on the distribution of child safety seats 
to low income and special needs families and not divert any funds 
currently budgeted to such activities, if any, to other activities. In 
other words, the funds provided by GM must represent new and additional 
resources, and may not be used to replace other funds, if any, that 
otherwise would have been used for the distribution of child safety 
seats to low-income families and their related education activities. No 
additional information is required to be submitted

[[Page 11517]]

at this time in support of this element of the certification.

(9) Third-Party Audit

    The organization must certify in writing that it shall:

allow the activities conducted pursuant to this program to be 
audited by such third party as selected by DOT

    Organizations shall allow the activities conducted pursuant to this 
program to be audited by such third party as may be selected by DOT. 
Organizations shall also maintain adequate records to allow an audit to 
be conducted. No additional information is required to be submitted at 
this time in support of this element of the certification.

(10) Enforceable Commitments and Promises

    The organization must certify in writing that it shall:

acknowledge and agree that such commitments and promises shall be 
enforceable

    Organizations shall acknowledge and agree that the commitments and 
promises they make shall be enforceable through legal process or other 
appropriate means. No additional information is required to be 
submitted at this time in support of this element of the certification.

(11) No Assumption of Responsibility

    The organization must certify in writing that it shall:

acknowledge and agree that GM does not assume or bear any 
responsibility for the organization's commitments, the selection of 
the safety seats actually purchased or distributed, or the education 
of recipients of the seats as to proper use

    Organizations shall acknowledge and agree that GM does not assume 
or bear any responsibility for the organization's commitments, the 
selection of the safety seats actually purchased or distributed, or the 
education of recipients of the seats as to proper use. No additional 
information is required to be submitted at this time in support of this 
element of the certification.

Certification Procedures

    To be considered, certifications must be received no later than 60 
days after the date on which today's notice is published in the Federal 
Register. Certifications should be submitted to the Office of 
Communication and Outreach, NTS-22, Room 5118, 400 Seventh Street, 
S.W., Washington, D.C. 20590.
    Organizations are strongly encouraged to work collaboratively for 
the purpose of applying for funds. If organizations plan to work 
collaboratively, they should submit a single combined certification.
    Certifications must address each of the criteria described in 
detail above, in the section of this notice entitled ``Certification 
Criteria Established in Settlement Agreement,'' and must include each 
of the following:

(1) Certification Statement

    A written statement, signed by an authorized official of the 
organization, certifying that the organization shall:

(i) work, through its state or local affiliates, with agencies such 
as children's hospitals and health agencies to identify families who 
could not otherwise afford seats or who have special needs; (ii) 
have an existing loaner or give-away child safety seat program or 
have staff trained in child passenger safety issues; (iii) 
distribute the seats to low-income families and/or families with 
special needs across a broad geographical area throughout the United 
States; (iv) comply with NHTSA guidelines with respect to the 
approximate mix of child safety seats (e.g., infant, toddler, 
booster, special needs); (v) distribute all of the seats purchased 
with the funds provided by GM to the local agencies within 120 days 
of the receipt of the funds; (vi) educate recipients of the seats as 
to methods of proper installation and use; (vii) not use more than 
10 percent of the funds provided by GM for administrative expenses 
related to distribution of the seats; (viii) add the GM-provided 
funds to the total of its existing funds spent on the distribution 
of child safety seats to low-income families and not divert any 
funds currently budgeted to such activities to other activities; 
(ix) allow the activities conducted pursuant to this program to be 
audited by such third party as selected by DOT; (x) acknowledge and 
agree that such commitments and promises shall be enforceable; and 
(xi) acknowledge and agree that GM does not assume or bear any 
responsibility for the organization's commitments, the selection of 
the safety seats actually purchased or distributed, or the education 
of recipients of the seats as to proper use.

(2) Plan

    A plan describing how the organization will accomplish the purchase 
and distribution of seats to local agencies (their affiliates) within 
120 days of receipt of the funds, how the organization will reach a 
broad geographical area, and how it will identify the low income and 
special needs families to be served by this program. It must include a 
proposed schedule for the purchase and distribution of seats, a 
description of new or complementary initiatives that are planned and 
either letters of support from the organizations that are (or would be) 
responsible for child safety seat programs in the geographic areas to 
be served (such as state highway safety offices and state public health 
agencies) or a description of the organization's plans to coordinate 
with these responsible organizations.
    The plan must clearly demonstrate that the organization is able and 
prepared to purchase and distribute child safety seats to local 
agencies (their affiliates) within 120 days of their receipt of the 
funds and that, if their staff is not already experienced or trained, 
that they will be trained within the 120-day period.
    Organizations that were selected by GM to receive donations for the 
purchase and distribution of child safety seats under the settlement 
agreement as a result of the Federal Register notices published in 
March or June 1995, or in March 1996, must also describe the progress 
they have made since they received their donations, including the 
schedule they have followed, the number of seats they have distributed 
to local agencies (their affiliates) and the number of seats that have 
been provided to recipients, by geographic location.

(3) Additional Information

    The following additional information to ensure that the 
organization is capable of meeting the objectives of the agreement:
    <bullet> Information regarding the organization's structure and a 
designation of geographic locations of state and local affiliates to be 
involved in the effort;
    <bullet> Information regarding the organizations and agencies with 
which the organization will be affiliated for purposes of this program;
    <bullet> A description of their relationships with affiliates, 
including the role that affiliates will play, and either letters or 
some other demonstration of commitment from their affiliates;
    <bullet> A description of the organization's, its affiliates' or 
its collaborators': existing loaner or give-away programs; experience 
in providing education on the use of child safety seats; the number of 
trained staff; a description of training conducted or taken; and the 
dates of last training;
    <bullet> If organizations have staff who have not been trained, but 
who are capable of being trained in child passenger safety issues, a 
description of their plans for training the staff and an indication 
that the training will be completed within 120 days of receipt of the 
funds;
    <bullet> If organizations plan to work collaboratively, letters of 
commitment from all collaborators and a statement that provides that 
the organizations have reached agreement regarding the manner in which 
funds that may be

[[Page 11518]]

used for administrative expenses will be allocated among the 
organizations (the actual agreement need not be provided);
    <bullet> A mission statement of the organization;
    <bullet> The method to be used to identify underserved low income 
or special needs families;
    <bullet> A list of the geographic locations that would be targeted 
for receipt of the seats;
    <bullet> The maximum number of seats the organization is capable of 
distributing to local agencies (their affiliates) within 120 days of 
its receipt of the funds; the amount of funding the organization is 
requesting from GM to purchase and distribute this number of seats; the 
proposed mix and types of seats needed to serve the age and needs of 
the populations to be targeted (i.e., 25% booster seats, 50% toddler 
seats, 20% infant seats and 5% special needs seats); the method used to 
derive the mix; and, if applicable, any change in mix if the 
organization receives less funding than the full amount requested;
    <bullet> In indication of whether the organization plans to operate 
a loaner or a give-away program; an identification of the fees, if any, 
they intend to charge; and a statement that any income from these fees 
will be used for the purchase and distribution of additional child 
safety seats under the agreement; and
    <bullet> A description of the specific means to be used by the 
organization, its affiliates or its collaborators to educate families 
about the proper installation and use of child safety seats.
    Organizations must submit one original and two copies of their 
certifications. Certifications shall be subject to 18 U.S.C. Sec. 1001, 
which prohibits the making of false statements. Organizations are 
requested to submit four additional copies to facilitate the review 
process, but there is no requirement or obligation to do so.
    Organizations that would like to be notified upon receipt of their 
certifications should enclose a self-addressed stamped postcard in the 
envelope with their certifications. Upon receiving the certifications, 
the postcard will be returned by mail.

Evaluation Factors

    Certifications will be reviewed by an evaluation panel of 
experienced agency personnel. The panel will determine whether the 
certifications meet each of the required criteria and will evaluate the 
certifications based on the following factors:
    1. Understanding of the requirements of the agreement and soundness 
of approach as shown by the organization's plan and certification.
    2. The ability to purchase and distribute child safety seats to 
local agencies (their affiliates) within 120 days of their receipt of 
the funds as shown by the organization's plan and certification.
    3. The ability to identify underserved low income and special needs 
families.
    4. The ability to distribute child safety seats to these target 
populations at the community level throughout the United States.
    <bullet> The experience of the organization, its affiliates or its 
collaborators, in distributing child safety seats
    <bullet> The breadth and diversity of the underserved population 
the organization, its affiliates or its collaborators can effectively 
reach
    5. The ability to provide education to recipients.
    <bullet> The experience of the organization, its affiliates or its 
collaborators, in providing education on the use of child safety seats
    <bullet> The level of training of the staff of the organization, 
its affiliates or its collaborators
    6. The ability to conduct a distribution and education program that 
either creates new initiatives, or complements (rather than duplicates) 
existing initiatives, in the geographic areas to be served.

    Issued on: March 6, 1997.
James Hedlund,
Associate Administrator for Traffic Safety Programs.
[FR Doc. 97-6137 Filed 3-11-97; 8:45 am]
BILLING CODE 4910-59-P