Proposed Rule2023-20393
Federal Motor Vehicle Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2023
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This document denies a petition for rulemaking submitted by Mr. Eddie L. Fray on behalf of the Parent Advocacy Group on November 27, 2015. The petitioner requested that the Secretary of Transportation mandate installation of specific products and systems as well other complementary safety features intended to prevent pediatric heatstroke in vehicles. NHTSA is denying the petition because the Agency does not initiate rulemaking to require installation of specific products.
Full Text
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<title>Federal Register, Volume 88 Issue 182 (Thursday, September 21, 2023)</title>
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[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Proposed Rules]
[Pages 65149-65150]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20393]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2022-0097]
Federal Motor Vehicle Safety Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for rulemaking.
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SUMMARY: This document denies a petition for rulemaking submitted by
Mr. Eddie L. Fray on behalf of the Parent Advocacy Group on November
27, 2015. The petitioner requested that the Secretary of Transportation
mandate installation of specific products and systems as well other
complementary safety features intended to prevent pediatric heatstroke
in vehicles. NHTSA is denying the petition because the Agency does not
initiate rulemaking to require installation of specific products.
DATES: September 21, 2023.
ADDRESSES: National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, West Building, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Riddoch, Office of Crash
Avoidance Standards, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590, Telephone: (202) 366-
2367, or Mr. Eli Wachtel, Telephone: 202-366-3065, Office of Chief
Counsel. Address: National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590.
I. Background
The National Traffic and Motor Vehicle Safety Act (``Safety Act'')
(49 U.S.C. 30101 et seq.) authorizes NHTSA to issue safety standards
for new motor vehicles and new items of motor vehicle equipment. Each
Federal Motor Vehicle Safety Standard (FMVSS) must be practicable, meet
the need for motor vehicle safety, and be stated in objective terms.
NHTSA does not endorse any vehicles or items of equipment. Further,
NHTSA does not approve or certify vehicles or equipment. Instead, the
Safety Act establishes a ``self-certification'' framework under which
each manufacturer is responsible for certifying that its products meet
all applicable safety standards.
Petitions for rulemaking are governed by 49 CFR 552. Pursuant to
Part 552, the agency conducts a technical review of the petition, which
may consist of an analysis of the material submitted, together with
information already in possession of the agency. In deciding whether to
grant or deny a petition, the agency considers this technical review as
well as appropriate factors, which include, among others, allocation of
agency resources and agency priorities.
II. Petition
On November 27, 2015, Mr. Fray submitted a petition on behalf of
the Parent Advocacy Group \1\ asking that the Secretary of
Transportation mandate lifesaving features and systems intended to
reduce heatstroke deaths of children in vehicles.\2\ The petitioner
states that the mandate is necessary to save lives and requests that
the Secretary issue the mandate within 30 days.\3\ A copy of the
petition is available in the docket identified at the beginning of this
document.
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\1\ The petition states that the Parent Advocacy Group is a
group of members dedicated to ending heatstroke deaths of children
in vehicles.
\2\ Fray, Eddie L., Petition to the Secretary of Transportation
to Mandate a Number of Higher Safety Standards to the Automobile
Industry (``Fray Petition''), November 27, 2015, page 1.
\3\ Id.
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In support of his request, the petitioner cites heatstroke death
statistics dating back to 1998 as well as information about specific
heatstroke deaths of children in vehicles. The petitioner also includes
information about actions NHTSA has taken regarding child heatstroke
deaths in vehicles and why he believes those actions fall short of what
is needed.\4\ The petition then describes a product called ``the
Guardian Cam,'' a heatstroke prevention alarm system called
``Accessory,'' and a seat belt and pressure sensing alert system called
``seat to seat.'' \5\ In addition to descriptions of the concepts, the
petitioner included exemplar sketches of what the concepts would look
like when installed in a vehicle. The petitioner also outlined how the
concepts are designed to work in various scenarios to prevent child
heatstroke in vehicles.
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\4\ Fray Petition at page 9.
\5\ Fray Petition, pages 9-12. The petitioner has filed
copyrights for some of these concepts with the U.S. Copyright Office
in 2014 and 2015. (Guardian Car Cam: TXu001931485; Accessory:
TXu001999496; S2S Hot Car System: TXu001982523).
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It is our understanding that the petitioner is requesting that the
Secretary of Transportation mandate the installation of Guardian Cam
and other complementary systems and features on new motor vehicles. The
Secretary of Transportation has delegated responsibility for responding
to this petition to NHTSA.
III. NHTSA's Consideration of the Petition and Decision
NHTSA has conducted an analysis of Mr. Fray's petition and, after
careful consideration, has decided to deny his petition and will not
initiate rulemaking proposing to require his concept countermeasures.
NHTSA is denying Mr. Fray's petition because it requests that NHTSA
mandate specific products and accompanying features. Under the Safety
Act, NHTSA is tasked with issuing motor vehicle safety standards that
set minimum standards for motor vehicle or motor vehicle equipment
performance. In doing so, NHTSA aims to establish standards that are
performance-based and technology neutral. Additionally, as stated
above, NHTSA does not endorse individual products. Accordingly, NHTSA
finds that it would be inappropriate to grant a petition to initiate
rulemaking to require specific products. Mr. Fray also asks the
Secretary of Transportation to ``develop, demonstrate, and evaluate''
his proposed countermeasures. This request, however, does not fall
within the scope of a petition for rulemaking under 49 CFR part 552.\6\
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\6\ Mr. Fray's petition did not request that NHTSA initiate
rulemaking to require vehicles to be able to detect and respond to
the presence of unattended children in seats, nor did it provide
supporting information demonstrating the practicability and safety
benefits of such a requirement. Such a request would have fallen
within the scope of a petition for rulemaking under 49 CFR part 552.
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Although NHTSA is denying the petition, the agency shares Mr.
Fray's concerns about the risk of pediatric heatstroke in vehicles and
is committed to taking appropriate steps to address this issue. To this
end, NHTSA continues to issue public messaging campaigns with numerous
safety partners and conduct research. Additionally, NHTSA has recently
initiated a rulemaking to establish new requirements to address
pediatric heatstroke in vehicles.\7\
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\7\ The RIN for this planned rulemaking is 2127-AM49. For more
information see <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202304&RIN=2127-AM49">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202304&RIN=2127-AM49</a>.
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[[Page 65150]]
Section 24222 of the Infrastructure, Investment and Jobs Act
(commonly referred to as the Bipartisan Infrastructure Law or BIL)
directs the Secretary of Transportation to issue a final rule requiring
that passenger motor vehicles be equipped with a system to alert the
operator to check rear-designated seating positions after the vehicle
engine or motor is deactivated by the operator that shall include a
distinct auditory and visual alert that may be combined with a haptic
alert.\8\ The BIL further directs the Agency to conduct studies on the
potential retrofitting of existing passenger motor vehicles with rear-
seat alert systems, as well as the potential benefits and economic
burdens associated with those technologies. These technologies are
intended to reduce the risk of children being left in rear-designated
seating positions when the vehicle motor is deactivated.
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\8\ Infrastructure Investment and Jobs Act, Public Law 117-58,
135 Stat. 429 Sec. 24222 (2021).
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NHTSA is also conducting research regarding the practicability of
issuing performance standards that would require detection of
unattended occupants in rear seats. Such requirements would provide
safety benefits beyond the mandated minimum.
IV. Conclusion
NHTSA has reviewed the petition for rulemaking submitted by Mr.
Eddie L. Fray requesting that the Secretary of Transportation mandate
installation of specific products intended to prevent the pediatric
heatstroke in vehicles. NHTSA is denying the request because the agency
does not initiate rulemakings to mandate specific products.
In accordance with 49 U.S.C. 30162 and 49 CFR part 552, the
petition for rulemaking from Mr. Eddie Fray is denied.
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegations of authority at 49 CFR 1.95 and 501.8.
Issued in Washington, DC.
Milton E. Cooper,
Director of Rulemaking Operations.
[FR Doc. 2023-20393 Filed 9-20-23; 8:45 am]
BILLING CODE 4910-59-P
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