Federal Motor Vehicle Safety Standards; Child Restraint Systems Denial of Petition for Rulemaking
| Published date | 08 September 2020 |
| Citation | 85 FR 55396 |
| Record Number | 2020-17595 |
| Section | Proposed rules |
| Court | National Highway Traffic Safety Administration |
55396
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Proposed Rules
1
See FMVSS No. 209, ‘‘Seat belt assemblies,’’ 49
CFR 571.209 S3, Definitions.
2
Under FMVSS No. 213 (S4), ‘‘booster seat’’
means ‘‘either a backless child restraint system or
a belt-positioning seat.’’ ‘‘Belt-positioning seat’’
means ‘‘a child restraint system that positions a
child on a vehicle seat to improve the fit of a
vehicle Type II belt system on the child and that
lacks any component, such as a belt system or a
structural element, designed to restrain forward
movement of the child in a forward impact.’’ The
petitioners would like to have their product
considered a kind of ‘‘belt-positioning seat.’’ For
simplicity, hereafter in this document, the term
‘‘booster seat’’ means ‘‘belt-positioning seat.’’
This action is the result of an airspace
review caused by the decommissioning
of the Charlevoix NDB.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1 (85 FR 50779; August 18, 2020).
The Class E airspace designations listed
in this document will be published
subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
■1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1 [Amended]
■2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
* * * * *
AGL MI E5 Charlevoix, MI [Amended]
Charlevoix Municipal Airport, MI
(Lat. 45°18′18″ N, long. 85°16′31″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Charlevoix Municipal Airport.
Issued in Fort Worth, Texas, on August 31,
2020.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2020–19553 Filed 9–4–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA—2020—0077]
Federal Motor Vehicle Safety
Standards; Child Restraint Systems
Denial of Petition for Rulemaking
AGENCY
: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION
: Denial of petition for
rulemaking.
SUMMARY
: This document denies a
petition for rulemaking from SafeGuard/
IMMI (formerly Indiana Mills and
Manufacturing, Inc.) and C.E. White
requesting that NHTSA amend Federal
Motor Vehicle Safety Standard (FMVSS)
No. 213, ‘‘Child restraint systems,’’ to
provide for ‘‘school bus built-in belt-
positioning seats.’’ Under the
petitioners’ suggested amendment, a
school bus built-in belt positioning seat
would be a type of ‘‘booster seat’’ and
would consist of a school bus seat with
a lap/shoulder belt and a shoulder belt
height adjuster. The agency is denying
the petition because under the requested
amendment, designs would be
permitted that do not provide the full
benefits of booster seats, namely the
proper positioning of the child on the
vehicle seat to improve the fit of the lap
belt to mitigate the risk of abdominal
injuries in a crash.
DATES
: September 8, 2020.
ADDRESSES
: National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT
:
Shashi Kuppa, Office of
Crashworthiness Standards, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590, telephone: 202–
366–3827, or Deirdre Fujita, Office of
the Chief Counsel, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590, telephone: 202–366–2992, fax:
202–366–3820.
SUPPLEMENTARY INFORMATION
:
The Petition
On January 15, 2013, the agency
received a petition for rulemaking from
SafeGuard/IMMI and C.E. White
requesting that NHTSA amend FMVSS
No. 213 to include the following
definition in section S4, Definitions:
‘‘School bus built-in belt-positioning
seat means a passenger seat used on
school buses that is equipped with an
integrated Type II seat belt that includes
a torso belt height adjuster.’’ A Type 2
(or Type II) seat belt assembly is a
combination of pelvic and upper torso
restraints, i.e., a lap/shoulder belt.
1
The
seat belt height adjuster developed by
the petitioners is a clip on the shoulder
belt loop that can be moved along the
shoulder belt webbing. The petitioners
would like to certify their school bus
seats with lap/shoulder belts and
shoulder belt height adjusters as
compliant with FMVSS No. 213’s
requirements for built-in booster seats.
Background on Booster Seats and Belt-
Positioning Seats
Booster seats are one of several types
of child restraint systems used for child
passenger protection before the child is
large enough to use the vehicle seat belt
alone. A belt-positioning seat is a type
of booster seat under FMVSS No. 213.
2
NHTSA recommends that 4 to 7-year-
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3
https://www.nhtsa.gov/equipment/car-seats-
and-booster-seats#age-size-rec.
4
Klinich, K., Manary, M., Weber, K., ‘‘Crash
Protection for Child Passengers: Rationale for Best
Practice,’’ University of Michigan Transportation
Research Institute Research Review, January–March
2012, Volume 43, No. 1, ISSN 0739 7100. Available
at http://www.umtri.umich.edu/content/rr_43_
1.pdf.
5
Arbogast KB, Jermakian JS, Kallan MF, and
Durbin DR. (2009). Effectiveness of Belt-positioning
Booster Seats:
An Updated Assessment Pediatrics 124:1281–
1286.
6
Huang S and Reed M. (2006). Comparison of
Child Body Dimensions with Rear Seat Geometry.
SAE Technical Paper 2006–01–1142, 2006,
doi:10.4271/2006–01–1142.
7
Klinich KD, Pritz HB, Beebe MS, Welty K,
Burton RW. (1994). Study of older child restraint/
booster seat fit and NASS injury analysis. DOT/HS
808 248. National Highway Traffic Safety
Administration, Vehicle Research and Test Center,
East Liberty, OH.
8
Bilston LE, Sagar N. (2007). Geometry of rear
seats and child restraints compared to child
anthropometry. Stapp Car Crash Conference J
51:275–98.
9
Jermakian JS, Kallan MJ, Arbogast KB. (2007).
Abdominal injury risk for children seated in belt-
positioning booster seats. 20th International
Technical Conference on the Enhanced Safety of
Vehicles, Paper No. 07–0441.
10
Jermakian JS, Locey CM, Haughey LJ, Arbogast.
KB (2007). Lower extremity injuries in children
seated in forward facing child restraint systems.
Traffic Injury Prevention, 8:171–179, DOI: 10.1080/
15389580601175250.
11
Klinich, K., Manary, M., Weber, K., ‘‘Crash
Protection for Child Passengers: Rationale for Best
Practice,’’ supra.
12
Durbin DR, Chen I, Smith R, Elliott MR
Winston FK (2005). Effects of seating positon and
appropriate restraint use on the risk of injury to
children in motor vehicle crashes. Pediatrics
115(3):e305–9.
13
Siviniski, R., ‘‘Booster Seat Effectiveness
Estimates Based on CDS and State Data,’’ NHTSA
Technical Report, DOT HS 811 338, July 2010.
http://www-nrd.nhtsa.dot.gov/Pubs/811338.pdf.
Last accessed on October 10, 2017.
old children be restrained in booster
seats when they no longer fit in their
forward-facing harnessed child
restraints.
3
Booster seats lift (boost) and
reposition the child such that vehicle
seat belts (designed to fit adults) are
routed appropriately relative to the
child’s body. For the seat belt to fit
properly, the lap belt must lie entirely
below the top of the pelvis and touch or
lie flat across the upper thighs, and the
shoulder belt should lie snugly across
the shoulder and chest and not cross the
neck or face.
An important function of a booster
seat is to raise the child up relative to
the vehicle seat belt to improve seat belt
fit.
4
With a booster seat, the lap belt is
positioned such that it loads and
restrains the strong bones of the pelvis.
Without a booster seat, the lap belt is
not positioned effectively and the
occupant can slide under the lap belt
during deceleration, resulting in the seat
belt loading the abdomen, vulnerable
internal organs and spine instead of the
pelvis. This event is called
‘‘submarining.’’ Elevating the position of
the child upwards relative to where the
lap belt is anchored increases the lap
belt angle with respect to the horizontal
plane. A steeper lap belt angle is better
because it makes it harder for the child
to slide under the lap belt (submarine)
in a crash. Additionally, boosting the
child compensates for the shorter torso
of a child by positioning the child such
that the shoulder belt is away from the
neck and restrains the child through the
shoulder structure in a crash.
Booster seats may also have seat belt
guides to position the shoulder belt
midway between the neck and arm, not
so far outboard that it is at the edge of
the shoulder or so far inboard that it is
rubbing the neck. However, because belt
fit is improved just by boosting the child
upward, many booster seats work well
even if they lack shoulder belt
adjustability or belt guidance.
5
The second benefit of booster seats is
improving occupant posture so the child
is more likely to be ‘‘in position’’ in a
crash, similar to an older occupant.
Ideally, to best distribute crash forces,
the occupant is seated in an upright
position with the back of the torso
resting against the seat back, the pelvis
at the seat bight, and the knees bent over
the front of the seat cushion. However,
several studies have documented that
the rear seats of most vehicles are too
deep for children to sit upright with
their knees bent over the edge of the seat
and with their back fully supported for
comfort.
678
Consequently, children
generally scoot forward so their legs can
bend over the front of the seat in a
comfortable position and then recline
themselves rearward to rest against the
seat back. A booster seat provides the
child with a seat cushion length that is
more fitted to the child’s upper leg
length. With a booster, a child’s legs can
bend comfortably over the end of the
booster while the child’s back rests
against the seat back. A booster seat
helps the child remain upright and in
position.
Analysis of the Petition
NHTSA believes that children would
be less protected under the suggested
amendment. The petitioners’ language
would allow designs that unreasonably
reduce the full benefits of booster seats,
namely the proper positioning
(boosting) of the child on the vehicle
seat to improve the fit of the lap belt to
mitigate the risk of abdominal injuries
in a crash. The suggested amendment
would permit designs that do not offer
any seat cushion adjustability. The child
could sit directly on the vehicle seat.
Booster seats are designed to raise the
child with respect to the vehicle seat to
improve lap belt fit, as raising the child
positions the lap belt entirely below the
top of the pelvis and touching or lying
flat across the upper thighs. Improved
lap belt fit reduces the risk of
submarining and abdominal injury.
910
The suggested language would permit
devices to be certified as ‘‘booster seats’’
even though they lack any feature that
reduces the risk of abdominal injuries.
NHTSA believes adopting the suggested
language would not be in the interest of
safety as the devices do not provide the
full benefits of a booster seat.
Further, as discussed above, booster
seats contribute to occupant protection
by improving occupant posture so the
child is more likely to be ‘‘in position’’
in a crash.
11
When children recline
themselves rearward on the seat to bend
their knees comfortably over the edge of
the seat, the risk of submarining under
the belt in a crash increases. With the
child in the reclined position, the lap
portion of the seat belt can slide upward
during a crash and intrude into the
child’s soft upper abdomen, thus
increasing the likelihood of abdominal
injury. Under the suggested amendment,
designs could be introduced that have
no seating platform with an appropriate
cushion length. These designs would
not have the raised seat cushion that
ensure the child would be better
positioned to ride down crash forces in
a manner that best minimizes injury.
Field data have shown booster seats to
be effective in reducing child passenger
injuries. Children ages 4 to 8 using lap/
shoulder belts alone have been found to
be at higher risk of abdominal injury
due to seat belt interaction compared to
children using booster seats.
12
The
agency’s analysis of real world crash
data
13
indicates that, among children
between the ages of 4 to 8 years old,
there is a 14 percent reduction in injury
risk when restrained in booster seats
versus when directly in the vehicle’s
lap/shoulder belts. The petition’s
language would allow designs that lack
the defining features of booster seats
that have been critical to their
functionality transitioning the child to
the vehicle’s lap/shoulder belt system.
The suggested language would facilitate
designs that reduce the safety benefits of
booster seats.
Conclusion
NHTSA has reviewed the petition for
rulemaking submitted by SafeGuard/
IMMI and C.E. White requesting that
NHTSA amend FMVSS No. 213 to
include a definition for ‘‘school bus
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Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Proposed Rules
built-in belt-positioning seat.’’ The
agency is denying the request because
the language that the petitioner would
introduce would unreasonably reduce
safety by permitting designs that do not
address the risks of submarining and
abdominal injury that booster seats
presently address.
For these reasons and in accordance
with 49 U.S.C. 30162 and 49 CFR part
552, the petition for rulemaking from
Safeguard/IMMI and C.E. White is
denied.
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95 and 501.8.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2020–17595 Filed 9–4–20; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2019–0115;
FF09E23000 FXES1111090FEDR 201]
RIN 1018–BD84
Endangered and Threatened Wildlife
and Plants; Regulations for
Designating Critical Habitat
AGENCY
: U.S. Fish and Wildlife Service,
Interior.
ACTION
: Proposed rule.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (FWS), propose to
amend portions of our regulations that
implement section 4 of the Endangered
Species Act of 1973, as amended (Act).
The proposed revisions set forth a
process for excluding areas of critical
habitat under section 4(b)(2) of the Act,
which mandates our consideration of
the impacts of designating critical
habitat and permits exclusions of
particular areas following a
discretionary exclusion analysis. We
want to articulate clearly when and how
FWS will undertake an exclusion
analysis, including identifying a non-
exhaustive list of categories of potential
impacts for FWS to consider. The
proposed rulemaking would respond to
applicable Supreme Court case law,
reflect agency experience, codify some
current agency practices, and make
some modifications to current agency
practice. The intended effect of this
proposed rule is to provide greater
transparency and certainty for the
public and stakeholders.
DATES
: We will accept comments from
all interested parties until October 8,
2020. Please note that if you are using
the Federal eRulemaking Portal (see
ADDRESSES
below), the deadline for
submitting an electronic comment is
11:59 p.m. Eastern Standard Time on
this date.
ADDRESSES
: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: http://
www.regulations.gov. In the Search box,
enter FWS–HQ–ES–2019–0115, which
is the docket number for this
rulemaking. Then, in the Search panel
on the left side of the screen, under the
Document Type heading, click on the
Proposed Rules link to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–HQ–ES–2019–
0115; U.S. Fish and Wildlife Service,
MS:JAO/1N, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on http://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments below for more information).
FOR FURTHER INFORMATION CONTACT
: DOI,
U.S. Fish and Wildlife Service,
Department of the Interior, Washington,
DC 20240, telephone 202/208–4646. If
you use a telecommunications device
for the deaf, call the Federal Relay
Service at 800/877–8339.
SUPPLEMENTARY INFORMATION
:
Background
The Endangered Species Act of 1973,
as amended (‘‘Act’’; 16 U.S.C. 1531 et
seq.), states that the purposes of the Act
are to provide a means to conserve the
ecosystems upon which listed species
depend, to develop a program for the
conservation of listed species, and to
achieve the purposes of certain treaties
and conventions. 16 U.S.C. 1531(b).
Moreover, the Act states that it is the
policy of Congress that the Federal
Government will seek to conserve
threatened and endangered species and
use its authorities to further the
purposes of the Act. 16 U.S.C.
1531(c)(1).
The Secretaries of the Interior and
Commerce (the ‘‘Secretaries’’) share
responsibilities for implementing most
of the provisions of the Act. Generally,
marine and anadromous species are
under the jurisdiction of the Secretary of
Commerce, and all other species are
under the jurisdiction of the Secretary of
the Interior. Authority to administer the
Act has been delegated by the Secretary
of the Interior to the Director of FWS
and by the Secretary of Commerce to the
Assistant Administrator for the National
Marine Fisheries Service (NMFS)
(collectively, the Services). Together,
FWS and NMFS administer the Act via
joint regulations in chapter IV of title 50
of the Code of Federal Regulations
(CFR). In addition, each of the Services
also has regulations specific to its own
implementation of the Act (located at 50
CFR part 17 for FWS and at 50 CFR
parts 222 through 226 for NMFS).
Because this rulemaking, if finalized,
would only apply to FWS, the
regulatory requirements proposed in
this rulemaking would not require
NMFS to change its processes for
consideration of exclusions under
section 4(b)(2) of the Act. Since this
rulemaking is solely applicable to FWS,
when we refer to the Secretary, we mean
the Secretary of the Interior.
One of the tools that the Act provides
to conserve species is the designation of
critical habitat. The purpose of critical
habitat is to identify the areas that are
essential to the species’ conservation
and recovery. When FWS lists a species,
the Act requires that, to the maximum
extent prudent and determinable, 16
U.S.C. 1533(a), the Secretary, acting
through FWS, designate critical habitat
after taking into consideration the
economic impact, the impact on
national security, and any other relevant
impact, 16 U.S.C. 1533(b)(2).
In section 3(5)(A) of the Act, Congress
defined ‘‘critical habitat’’ as: (i) The
specific areas within the geographical
area occupied by the species, at the time
it is listed in accordance with the
provisions of section 4 of this Act, on
which are found those physical or
biological features (I) essential to the
conservation of the species and (II)
which may require special management
considerations or protection; and (ii)
specific areas outside the geographical
area occupied by the species at the time
it is listed in accordance with the
provisions of section 4 of this Act, upon
a determination by the Secretary that
such areas are essential for the
conservation of the species.
Section 4(b)(2) of the Act then
provides the Secretary the authority to
exclude any particular area from a
critical habitat designation if the
benefits of exclusion outweigh the
benefits of inclusion for that area, so
long as excluding it will not result in
the extinction of the species: ‘‘The
Secretary shall designate critical habitat,
and make revisions thereto, under
subsection (a)(3) on the basis of the best
scientific data available and after taking
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