Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61905 

Paperwork Reduction Act 

This regulation does not require an 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB Form 83–I is not 

required. 

National Environmental Policy Act 

As a companion document to the 

NPRM, NPS issued the Personal 

Watercraft Use Environmental 

Assessment for Pictured Rocks National 

Lakeshore and subsequent errata sheet. 

The environmental assessment was 

available for public review and 

comment for the period August 1 

through November 15, 2004. A Finding 

of No Significant Impact (FONSI) was 

signed on September 9, 2005. To request 

a copy of these documents contact 

Superintendent, Pictured Rocks 

National Lakeshore, N8391 Sand Point 

Road, P.O. Box 40, Munising, MI 49862–

0040. A copy of the Environmental 

Assessment, errata sheet, and FONSI 

may also be found at http:// 

www.nps.gov/piro/pwc. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government to Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated potential 

effects on Federally recognized Indian 

tribes and have determined that there 

are no potential effects. 

Administrative Procedure Act 

This final rule is effective upon 

publication in the Federal Register. In 

accordance with the Administrative 

Procedure Act, specifically, 5 U.S.C. 

553(d)(1), this rule, 36 CFR 7.32(d), is 

exempt from the requirement of 

publication of a substantive rule not less 

than 30 days before its effective date. 

As discussed in this preamble, the 

final rule is a part 7 special regulation 

for Pictured Rocks National Lakeshore 

that relieves the restrictions imposed by 

the general regulation, 36 CFR 3.24. The 

general regulation, 36 CFR 3.24, 

prohibits the use of PWC in units of the 

national park system unless an 

individual park area has designated the 

use of PWC by adopting a part 7 special 

regulation. The proposed rule was 

published in the Federal Register (69 

FR 51788) on August 23, 2004, with a 

60-day period for notice and comment 

consistent with the requirements of 5 

U.S.C. 553(b). The Administrative 

Procedure Act, pursuant to the 

exception in paragraph (d)(1), waives 

the section 553(d) 30-day waiting period 

when the published rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction.’’ In this rule the NPS is 

authorizing the use of PWCs, which is 

otherwise prohibited by 36 CFR 3.24. As 

a result, the 30-day waiting period 

before the effective date does not apply 

to Pictured Rocks National Lakeshore 

final rule. 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

■ For the reasons stated in the preamble, 

the National Park Service amends 36 

CFR part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for part 7 continues 

to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under DC Code 

8–137 (1981) and DC Code 40–721 (1981). 

■ 2. Amend § 7.32 by adding paragraph 

(d) to read as follows: 

§ 7.32 Pictured Rocks National Lakeshore. 

* * * * * 

(d) Personal Watercraft (PWC). (1) 

PWC are allowed on the waters within 

Pictured Rocks National Lakeshore, 

from the western boundary of the 

lakeshore to the east end of Miners 

Beach. 

(2) PWC may be launched only from 

a designated launch site at Sand Point. 

(3) PWC users may beach their craft 

only at Sand Point Beach and Miners 

Beach. 

(4) The Superintendent may 

temporarily limit, restrict, or terminate 

access to the areas designated for PWC 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

Dated: October 19, 2005. 

Paul Hoffman, 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 05–21426 Filed 10–26–05; 8:45 am] 

BILLING CODE 4312–52–U 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. RM 2005–9] 

Preregistration of Certain Unpublished 

Copyright Claims 

AGENCY: Library of Congress, Copyright 

Office. 

ACTION: Interim regulation. 

SUMMARY: Pursuant to the Artists’ Rights 

and Theft Prevention Act of 2005, the 

Copyright Office is publishing an 

interim regulation governing the 

preregistration of unpublished works 

that are being prepared for commercial 

distribution in classes of works that the 

Register of Copyrights has determined 

have had a history of pre–release 

infringement. 

EFFECTIVE DATE: November 15, 2005. 

FOR FURTHER INFORMATION CONTACT: 

David O. Carson, General Counsel, or 

Charlotte Douglass, Principal Legal 

Advisor, P.O. Box 70400, Washington, 

DC 20024–0400, Telephone: (202) 707–

8380. Telefax: (202) 707–8366. 

SUPPLEMENTARY INFORMATION: On April 

27, 2005, President Bush signed the 

Family Entertainment and Copyright 

Act (‘‘FECA’’). Pub. L. No. 109–9, 119 

Stat. 218. Title I of FECA is the Artists’

Rights and Theft Prevention Act of 

2005, or ‘‘ART Act,’’ which among other 

things addresses copyright infringement 

of works committed prior to their 

authorized commercial distribution, or 

pre–release infringement. Section 104 

directs the Copyright Office to conduct 

a rulemaking proceeding to establish a 

procedure for preregistration of 

unpublished works that are being 

prepared for commercial distribution. 

Specifically, Section 104 provides 

that ‘‘Not later than 180 days after the 

date of enactment of this subsection, the 

Register of Copyrights shall issue 

regulations to establish procedures for 

preregistration of a work that is being 

prepared for commercial distribution 

and has not been published.’’ 17 U.S. C. 

408(f)(1). Preregistration is a new 

procedure in the Copyright Office that 

permits such an action to serve as a 

place–holder for limited purposes –

notably where a copyright owner needs 

to sue for infringement while a work is 

still being prepared for commercial 

release. 

Congress also assigned the Register to 

determine which works are eligible for 

preregistration by directing that ‘‘the 

regulations established under paragraph 

(1) shall permit preregistration for any 

work that is in a class of works that the 

Register determines has had a history of 

infringement prior to authorized 

commercial distribution.’’ 17 U.S.C. 

408(f)(2). Thus, falling in one or more of 

the classes so determined by the 

Register is a precondition to eligibility 

for preregistration, and applications for 

works that do not appear to fall within 

these classes should not be entertained. 

On July 22, 2005, the Register of 

Copyrights initiated this rulemaking 

61906 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

1 Due to the ongoing conversion of the online 

copyright catalog to a Voyager database, 

preregistration records will probably not be 

available online until sometime in December. 

proceeding pursuant to the ART Act’s 

Section 408(f)(2) with publication of a 

Notice of Proposed Rulemaking 

(‘‘NOPR’’). 70 FR 42286. The Copyright 

Office received ten initial comments 

and five reply comments related to 

proposals of one or more classes of 

works or to general preregistration 

procedure. The Office also received a 

large number of comments in response 

to a Supplemental Notice of Proposed 

Rulemaking published August 4, 2005, 

which sought information relating to 

browser compatibility for those 

expected to file the electronic 

preregistration form. The Office made 

this inquiry after learning that persons 

attempting to use the Office’s new 

online preregistration system, which 

was still in development, may have 

difficulties if they used web browsers 

other then Microsoft Internet Explorer. 

In order to preregister, applicants 

must use the Office’s online 

preregistration system, which will be 

accessible from the Copyright Office’s 

home page at http://www.copyright.gov. 

While the Office is attempting to 

address browser compatibility issues, 

initially some applicants may 

experience difficulties if they are using 

browsers other than Internet Explorer. 

For applicants who are unable to use the 

online preregistration system, 

information will be available on the 

Copyright Office website on how to 

preregister their works. 

In order to comply with the ART Act’s 

requirement that regulations to establish 

procedures for preregistration be issued 

by October 24, the Office is now issuing 

the following interim regulations. It is 

anticipated that final regulations, which 

will be identical or very similar to the 

interim regulations, will be published 

within the next few weeks, along with 

a more detailed discussion of the 

comments received in response to the 

notice of proposed rulemaking and of 

the Office’s responses to those 

comments. For further information in 

the meantime, please refer to the July 22 

notice of proposed rulemaking, as 

supplemented by the following brief 

explanation. 

The Register’s determination today 

adopts the liberalized classes named 

and discussed below. The Register has 

now carefully reviewed the record in 

this rulemaking proceeding to 

determine the classes of works that have 

had a history of infringement prior to 

authorized commercial distribution. 

Based on that review of the comments, 

it appears that the case has been made 

for eligibility for preregistration of the 

following classes of works upon their 

fulfillment of the conditions specified in 

37 CFR 202.16: 

(i) Motion pictures; 

(ii) Sound recordings; 

(iii) Musical compositions; 

(iv) Literary works being prepared for 

publication in book form; 

(v) Computer programs (including 

videogames); and 

(vi) Advertising or marketing 

photographs. 

Many copyright owners urged that 

much or all of the information provided 

on applications for preregistration be 

maintained as confidential records by 

the Copyright Office. The Register 

cannot accept the proposition that the 

public should be denied access to the 

preregistration records. As an office of 

public record administering a system of 

registration and recordation the purpose 

of which is to provide information 

regarding copyright ownership to the 

public, the Copyright Office is not 

disposed to receive and maintain 

private information. The Office is 

subject to the Freedom of Information 

Act (‘‘FOIA’’), and it may or may not be 

able to refuse release of records based 

on applicable FOIA exceptions. To 

preclude accessibility to information 

related to a preregistration is 

inconsistent with the very concept of 

preregistration and registration systems. 

The Office does not believe that the 

alleged risks of making such 

information public pose serious danger 

to copyright owners. The information 

required to preregister a work need not 

be detailed and need not include 

confidential information. To the extent 

that a title is demanded, it is sufficient 

to provide a ‘‘working title’’; moreover, 

the risk of cybersquatting can easily be 

mitigated if the copyright owner obtains 

the applicable domain name prior to or 

simultaneously with preregistration. 

Information such as anticipated release 

dates is not immutable; it should be 

understood that when a preregistration 

made at an early stage in a work’s 

preparation states an anticipated date of 

release, that date is at best a prediction 

and is hardly a binding commitment. 

Accordingly, the preregistration 

record will be a public record, and 

information from the preregistration 

records will be available on the 

Copyright Office Web site.1

The Office has abandoned its proposal 

that, in order to be eligible for 

preregistration, a work must already be 

subject to a contract for distribution of 

the work with an established distributor 

of works. However, a person 

preregistering a work must certify, 

under penalty of law, that the work is 

in fact being prepared for commercial 

distribution and that the applicant has 

a reasonable expectation that the work 

will be commercially distributed to the 

public. 

Commenters also asserted that 

distribution is already extensively 

occurring online, and in some genres, 

exclusively so. Therefore, the Office will 

not limit the coverage of this regulation 

to work being prepared for commercial 

distribution in physical format. Any 

class of work that the Register 

determines has had a history of pre–

release infringement may be 

preregistered without regard to whether 

the work is intended to be distributed in 

physical formats or is intended for 

online distribution. 

Additional information relating to 

preregistration may be found in the help 

pages of the Office’s online 

preregistration system, which will be 

accessible from the Copyright Office’s 

home page at http://www.copyright.gov. 

The online preregistration system, 

which is in its final stages of 

preparation, will go online, and 

preregistration will be available, on 

November 15. 

List of Subjects in 37 CFR Part 202 

Claims, Copyright, Registration 

requirements. 

Interim Regulation 

■ In consideration of the foregoing, the 

Copyright Office issues this interim rule 

amending part 202 of 37 CFR, chapter 

II, in the manner set forth below: 

PART 202 – PREREGISTRATION AND 

REGISTRATION OF CLAIMS TO 

COPYRIGHT 

■ 1. The authority citation for part 202 

is revised to read as follows: 

Authority: 17 U.S.C. 408(f), 702 

■ 2. The heading of Part 202 is revised 

to read as set forth above. 

■ 3. A new § 202.16 is added to read as 

follows: 

§ 202.16 Preregistration of copyrights. 

(a) General. This section prescribes 

rules pertaining to the preregistration of 

copyright claims in works eligible for 

preregistration under Section 408(f) of 

17 U.S.C. 

(b) Definitions. For the purposes of 

this section –

(1) A work is in a class of works that 

the Register of Copyrights has 

determined has had a history of 

infringement prior to authorized 

commercial release if it falls within one 

of the following classes of works: 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61907 

(i) Motion pictures; 

(ii) Sound recordings; 

(iii) Musical compositions; 

(iv) Literary works being prepared for 

publication in book form; 

(v) Computer programs (including 

videogames); or 

(vi) Advertising or marketing 

photographs. 

(2) A work is being prepared for 

commercial distribution if: 

(i) The claimant, in a statement 

certified by the authorized 

preregistering party, has a reasonable 

expectation that the work will be 

commercially distributed to the public; 

and 

(ii) Preparation of the work has 

commenced and at least some portion of 

the work has been fixed in a tangible 

medium of expression, as follows: 

(A) For a motion picture, filming of 

the motion picture must have 

commenced; 

(B) For a sound recording, recording 

of the sounds must have commenced; 

(C) For a musical composition, at least 

some of the musical composition must 

have been fixed either in the form of 

musical notation or in a copy or 

phonorecord embodying a performance 

of some or all of the work; 

(D) For a literary work being prepared 

for publication in book form, the actual 

writing of the text of the work must 

have commenced; 

(E) For a computer program, at least 

some of the computer code (either 

source code or object code) must have 

been fixed; and 

(F) For an advertising or marketing 

photograph, the photograph (or, in the 

case of a group of photographs intended 

for simultaneous publication, at least 

one of the photographs) must have been 

taken. 

(3) A work eligible for preregistration 

is a work that is: 

(i) Unpublished; 

(ii) Being prepared for commercial 

distribution; and 

(iii) In a class of works that the 

Register of Copyrights has determined 

has had a history of infringement prior 

to authorized commercial release. 

(c) Preregistration. (1) General. A 

work eligible for preregistration may be 

preregistered by submitting an 

application and fee to the Copyright 

Office pursuant to the requirements set 

forth in this section. 

(2) Works excluded. Works that are 

not copyrightable subject matter under 

title 17 of the U.S. Code may not be 

preregistered in the Copyright Office. 

(3) Application form. An application 

for preregistration is made using 

Electronic Form PRE. The application 

must be submitted electronically on the 

Copyright Office website at: http:// 

www.copyright.gov. 

(4) Preregistration as a single work. 

For the purpose of preregistration on a 

single application and upon payment of 

a single preregistration fee, all 

copyrightable elements that are 

otherwise recognizable as self–

contained works, that are to be included 

and first published in a single unit of 

publication, and in which the copyright 

claimant is the same, shall be 

considered a single work eligible for 

preregistration. 

(5) Fee. (i) Amount. The filing fee for 

preregistration is $100. 

(ii) Method of payment. (A) Copyright 

Office deposit account. The Copyright 

Office maintains a system of Deposit 

Accounts for the convenience of those 

who frequently use its services and for 

those who file applications 

electronically. The system allows an 

individual or firm to establish a Deposit 

Account in the Copyright Office and to 

make advance deposits in that account. 

Deposit Account holders can charge 

preregistration fees against the balance 

in their accounts instead of using credit 

cards for each request of service. For 

information on Deposit Accounts, 

please download a copy of Circular 5, 

‘‘How to Open and Maintain a Deposit 

Account in the Copyright Office,’’ or 

write the Register of Copyrights, 

Copyright Office, Library of Congress, 

Washington, D.C. 20559. 

(B) Credit cards, debit cards and 

electronic funds transfer. The online 

preregistration filing system will 

provide options for payment by means 

of credit or debit cards and by means of 

electronic funds transfers. Applicants 

will be redirected to the Department of 

Treasury’s Pay.gov website to make 

payments with credit or debit cards, or 

directly from their bank accounts by 

means of ACH debit transactions. 

(C) No refunds. The preregistration 

filing fee is not refundable. 

(6) Description. No deposit of the 

work being preregistered should be 

submitted with an application for 

preregistration. The preregistration 

applicant should submit a detailed 

description, of not more than 2,000 

characters (approximately 330 words), 

of the work as part of the application. 

The description should be based on 

information available at the time of the 

application sufficient to reasonably 

identify the work. Generally, the 

Copyright Office will not review 

descriptions for adequacy, but in an 

action for infringement of a 

preregistered work, the court may 

evaluate the adequacy of the description 

to determine whether the preregistration 

actually describes the work that is 

alleged to be infringed, taking into 

account the information available to the 

applicant at the time of preregistration 

and taking into account the legitimate 

interest of the applicant in protecting 

confidential information. 

(i) For motion pictures, such a 

description should include the 

following information to the extent 

known at the time of filing: the subject 

matter, a summary or outline, the 

director, the primary actors, the 

principal location of filming, and any 

other information that would assist in 

identifying the particular work being 

preregistered. 

(ii) For sound recordings, the 

identifying description should include 

the following information to the extent 

known at the time of filing: the subject 

matter of the work or works recorded, 

the performer or performing group, the 

genre of the work recorded (e.g., 

classical, pop, musical comedy, soft 

rock, heavy metal, gospel, rap, hip–hop, 

blues, jazz), the titles of the musical 

compositions being recorded, the 

principal recording location, the 

composer(s) of the recorded musical 

compositions embodied on the sound 

recording, and any other information 

that would assist in identifying the 

particular work being preregistered. 

(iii) For musical compositions, the 

identifying description should include 

the following information to the extent 

known at the time of filing: the subject 

matter of the lyrics, if any, the genre of 

the work (for example, classical, pop, 

musical comedy, soft rock, heavy metal, 

gospel, rap, hip–hop, blues, jazz), the 

performer, principal recording location, 

record label, motion picture, or other 

information relating to any sound 

recordings or motion pictures that are 

being prepared for commercial 

distribution and will include the 

musical composition, and any other 

detail or characteristic that may assist in 

identifying the particular musical 

composition. 

(iv) For literary works in book form, 

the identifying description should 

include to the extent known at the time 

of filing: the genre of the book, e.g., 

biography, novel, history, etc., and 

should include a brief summary of the 

work including, the subject matter (e.g., 

a biography of President Bush, a history 

of the war in Iraq, a fantasy novel); a 

description (where applicable) of the 

plot, primary characters, events, or other 

key elements of the content of the work; 

and any other salient characteristics of 

the book, e.g., whether it is a later 

edition or revision of a previous work, 

as well as any other detail which may 

assist in identifying the literary work in 

book form. 

61908 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

(v) For computer programs (including 

videogames), the identifying description 

should include to the extent known at 

the time of filing, the nature, purpose 

and function of the computer program, 

including the programming language in 

which it is written, any particular 

organization or structure in which the 

program has been created; the form in 

which it is expected to be published, 

e.g. as an online–only product; whether 

there have been previous versions (and 

identification of such previous 

versions); the identities of persons 

involved in the creation of the computer 

program; and, if the work is a 

videogame, also describe the subject 

matter of the videogame and the overall 

object, goal or purpose of the game, its 

characters, if any, and the general 

setting and surrounding found in the 

game. 

(vi) For advertising or marketing 

photographs, the description should 

include the subject matter depicted in 

the photograph or photographs, 

including information such as the 

particular product, event, public figure, 

or other item or occurrence which the 

photograph is intended to advertise or 

market. To the extent possible and 

applicable, the description for 

photographs should give additional 

details which will assist in identifying 

the particular photographs, such as the 

party for whom such advertising 

photographs are taken; the approximate 

time periods during which the 

photographs are taken; the approximate 

number of photos which may be 

included in the grouping; any events 

associated with the photographs; and 

the location and physical setting or 

surrounding depicted in the 

photographs. The description may also 

explain the general presentation, e.g., 

the lighting, background scenery, 

positioning of elements of the subject 

matter as it is seen in the photographs, 

and should provide any locations and 

events, if applicable, associated with the 

photographs. 

(7) Review of preregistration 

information. The Copyright Office will 

conduct a limited review of applications 

for preregistration, in order to ascertain 

whether the application describes a 

work that is in a class of works that the 

Register of Copyrights has determined 

has had a history of infringement prior 

to authorized commercial release. 

However, a work will not be 

preregistered unless an applicant has 

provided all of the information 

requested on the application and has 

certified that all of the information 

provided on the application is correct to 

the best of the applicant’s knowledge. 

(8) Certification. The person 

submitting an application for 

preregistration must certify on the 

application that he or she is the author, 

copyright claimant, or owner of 

exclusive rights, or the authorized agent 

of the author, copyright claimant, or 

owner of exclusive rights, of the work 

submitted for this preregistration; that 

the information given in this application 

is correct to the best of his or her 

knowledge; that the work is being 

prepared for commercial distribution; 

and that he or she has a reasonable 

expectation that the work will be 

commercially distributed to the public. 

(9) Effective date of preregistration. 

The effective date of a preregistration is 

the day on which an application and fee 

for preregistration of a work, which the 

Copyright Office later notifies the 

claimant has been preregistered or 

which a court of competent jurisdiction 

has concluded was acceptable for 

preregistration, have been received in 

the Copyright Office. 

(10) Notification of preregistration. 

Upon completion of the preregistration, 

the Copyright Office will provide the 

claimant official notification by email of 

the preregistration. 

(11) Certification of preregistation. A 

certified copy of the official notification 

may be obtained in physical form from 

the Certification and Documents Section 

of the Information and Reference 

Division at the address stated in 

§ 201.1(a)(3) of this chapter. 

(12) Public record of preregistration. 

The preregistration record will also be 

available to the public on the Copyright 

Office website, http:// 

www.copyright.gov. 

(13) Effect of preregistration. 

Preregistration of a work offers certain 

advantages to a copyright owner 

pursuant to 17 U.S.C. 408(f), 411 and 

412. However, preregistration of a work 

does not constitute prima facie evidence 

of the validity of the copyright or of the 

facts stated in the application for 

preregistration or in the preregistration 

record. The fact that a work has been 

preregistered does not create any 

presumption that the Copyright Office 

will register the work upon submission 

of an application for registration. 

(14) Petition for recognition of a new 

class of works. At any time an interested 

party may petition the Register of 

Copyrights for a determination as to 

whether a particular class of works has 

had a history of copyright infringement 

prior to authorized release that would 

justify inclusion of that class of works 

among the classes of works eligible for 

preregistration. 

Dated: October 19, 2005 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 05–21381 Filed 10–26–05; 8:45 am] 

BILLING CODE 1410–30–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA 2005–21048] 

Federal Motor Vehicle Safety 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: This document denies a 

petition for rulemaking submitted by 

Honda Motor Co., Ltd. (Honda), to 

amend Federal Motor Vehicle Safety 

Standard (FMVSS) No. 213, ‘‘Child 

restraint systems.’’ Honda requested that 

FMVSS No. 213 be amended to limit the 

weight of all child restraint systems 

used with the 3-year-old dummy. Honda 

stated that such an amendment would 

assure the proper operation of weightbased occupant detection systems used 

to meet the air bag suppression 

requirements of FMVSS No. 208, 

‘‘Occupant crash protection.’’

FOR FURTHER INFORMATION CONTACT: 

For Non-Legal Issues: Mr. Tewabe 

Asebe, Office of Crashworthiness 

Standards, National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590, 

Telephone: (202) 366–2365. 

For Legal Issues: Mr. Chris Calamita, 

Office of Chief Counsel, National 

Highway Traffic Safety Administration, 

400 Seventh Street, SW., Washington, 

DC 20590, Telephone: (202) 366–2992, 

Facsimile: (202) 366–3820. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 12, 2000, NHTSA issued a 

final rule for advanced air bags, 

amending FMVSS No. 208 to, among 

other things, minimize injuries to small 

adults and young children due to air bag 

deployment (65 FR 30680). To address 

the risk air bags pose to young children 

in child restraint systems, the agency 

amended FMVSS No. 208 to include a 

number of alternative tests, one of 

which requires the front passenger air