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Federal Motor Vehicle Safety Standard (FMVSS) No. 213 Test Procedure (TP-213-11) Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Otto G. Matheke III Date: 22 February 2024 Subjects: American Government  , Safety
Topic: Federal Motor Vehicle Safety Standards |
[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Notices]
[Pages 13397-13399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03591]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0067]
Federal Motor Vehicle Safety Standard (FMVSS) No. 213 Test
Procedure (TP-213-11)
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for comments (RFC).
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
seeks public comment on the Office of Vehicle Safety Compliance (OVSC)
laboratory test procedure (TP) number TP-213-11, specifically relating
to FMVSS No. 213a, Child restraint systems--side impact protection.
This TP, prepared for the limited purpose of use by contracted
independent laboratories conducting tests for NHTSA, is an agency
guidance document intended for use by NHTSA test contractors. TPs are
not rules, regulations, or agency interpretations regarding the meaning
of a Federal motor vehicle safety standard. The TP serves as a
contractual document between NHTSA and its contract test laboratories.
The updated OVSC laboratory test procedure, TP-213-11, includes new
instructions for how labs should test for compliance with the recently
created FMVSS No. 213a, Child restraint systems--side impact
protection.
DATES: Comments must be received no later than May 22, 2024.
ADDRESSES:
Documents: The OVSC laboratory test procedure TP-213-11, described
in this RFC, is available for viewing in PDF format in the docket
identified in the heading of this document.
Comments: You may submit comments to the docket, identified by the
docket number identified in the head of this document, by any of the
following methods:
Federal eRulemaking Portal: To submit comments
electronically, go to the U.S. Government regulations website at http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: Written comments may be faxed to 202-493-2251.
Mail: Send comments to: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: If you submit written comments by hand or
courier, please do so at 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call 202-366-9826 before
coming.
Instructions: For detailed instructions on submitting comments and
additional information, see the Public Participation section of this
document, which can be found below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
If you wish to provide comments containing proprietary or
confidential information, please follow the instructions in the section
of this notice titled ``How do I submit confidential business
information?''
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Corey Barlet, Compliance Engineer, Office
of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Ave SE, Washington, DC 20590.
Telephone: 202-366-1119. Email: corey.barlet@dot.gov.
For legal issues: Mr. Matthew Filpi, Attorney-Advisor, Office of
the Chief Counsel, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-3179.
Email: matthew.filpi@dot.gov.
SUPPLEMENTARY INFORMATION: On June 30, 2022, NHTSA published a final
rule establishing Federal Motor Vehicle Safety Standard (FMVSS) No.
213a, Child restraint systems--side impact protection (87 FR 39234).
This final rule requires child restraint systems (CRS) designed to seat
children weighing up to 18.1 kilograms (kg) or in a height range that
includes heights up to 1,100 millimeters, to meet certain minimum
[[Page 13398]]
side impact performance requirements. This RFC is strictly limited to
the contents of OVSC laboratory test procedure TP-213-11, including
subsequent amendments, if any, resulting from the agency's response to
petitions for reconsideration. TP-213-11 is available for viewing in
PDF format in the docket identified in the heading of this document.
Introduction
To investigate whether specific vehicles or products comply with
the Federal Motor Vehicle Safety Standards (FMVSS), NHTSA's Office of
Vehicle Safety Compliance (OVSC) contracts with labs to conduct
compliance testing. OVSC laboratory test procedures are prepared for
the limited purpose of use by contracted independent laboratories
conducting compliance tests for the OVSC.\1\ OVSC laboratory test
procedures are not rules, regulations, or NHTSA interpretations. OVSC
laboratory test procedures are not intended to limit the requirements
of the applicable FMVSS. In some cases, the OVSC laboratory test
procedure, or the report produced as a result of the work performed by
the contracted laboratory, does not include all of the various FMVSS
minimum performance requirements.
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\1\ OVSC laboratory test procedures are distinct from regulatory
test procedures that are included as part of most Federal Motor
Vehicle Safety Standards. OVSC laboratory test procedures are
generally based off of the regulatory test procedures in specific
FMVSS, but are prepared by the agency to give contracted labs
specific instructions on how to conduct a specific test. The agency
publishes the OVSC laboratory test procedures on NHTSA's website for
transparency. The OVSC laboratory test procedures are simply agency
guidance for contracted labs, and do not constitute official agency
action.
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Background
Under the National Traffic and Motor Vehicle Safety Act, NHTSA has
the statutory authority to issue Federal Motor Vehicle Safety Standards
(FMVSS) applicable to new motor vehicles and items of motor vehicle
equipment. Child restraint systems fall under NHTSA's regulatory
authority because they are considered motor vehicle equipment. The law
establishes a self-certification process in which the vehicle and
equipment manufacturers themselves certify that all of their products
are in compliance with all applicable FMVSS, which establish minimum
criteria that the product must meet. It is up to manufacturers to
determine what steps are necessary in order to ensure that every
product manufactured meets or exceeds the applicable requirements
before the products are imported, sold, offered for sale, or introduced
into interstate commerce in the United States.
NHTSA enforces its standards, in part, by procuring equipment from
the marketplace and testing to the requirements of the applicable
standard at independent test labs. Not all available products,
applicable requirements, or every claim a manufacturer makes will be
tested. Further, NHTSA's testing does not constitute nor confirm a
manufacturer's certification of compliance of a product. It is up to
manufacturers to certify compliance with the relevant FMVSS for their
product, and they may choose to do so however they see fit.
In the spirit of transparency with public and industry, OVSC
laboratory test procedures are published on NHTSA's website so
interested parties may see how NHTSA is instructing its contracted labs
to collect data to help OVSC investigate if products sold in the US
comply with certain FMVSS. Because OVSC laboratory test procedures are
OVSC's instructions for NHTSA contracted labs and OVSC may not be
testing strictly enough to ensure compliance of a vehicle or item of
motor vehicle equipment, compliance is not necessarily guaranteed if
the manufacturer limits its certification tests to those described in
an OVSC laboratory test procedure. A manufacturer should not depend on
the test reports produced as a result of OVSC's laboratory testing as
the basis for certification that its vehicle or item of motor vehicle
equipment complies with all applicable requirements of a FMVSS, as
OVSC's laboratory tests evaluate a product's performance under some,
but not necessarily all, conditions and procedures described in an
FMVSS, and the findings in those reports are the findings of the test
laboratory and not necessarily of NHTSA. Under the National Traffic and
Motor Vehicle Safety Act, manufacturers are responsible for certifying
the compliance of their products with all applicable requirements of
the FMVSSs.
OVSC's Current Test Procedure
Over the years, NHTSA has drafted numerous versions of OVSC the
laboratory test procedure for FMVSS No. 213 Child Restraint Systems,
Child Restraint Systems--Side Impact Protection. Because FMVSS No. 213
was originally written in the late 1970s, the agency updated the test
procedure numerous times because of changes in technology, the CRS
market, and the standard itself. The previous OVSC laboratory test
procedure for FMVSS No. 213, TP-213-10,\2\ was published in February
2014. When the agency published the side impact final rule in June of
2022,\3\ the agency felt that an update to the OVSC laboratory test
procedure for FMVSS No. 213 was necessary. Among other updates to FMVSS
No. 213, the side impact final rule created FMVSS No. 213a, which is a
new standard requiring CRSs to meet certain minimum side impact
performance requirements. Because this is a new standard, NHTSA is
seeking feedback from the public on the side impact procedures in the
new updated FMVSS No. 213 OVSC laboratory test procedure, TP-213-11.
The collected feedback will be reviewed and considered by NHTSA and a
future revision of the OVSC test procedure will be published to include
potential updates made from the consideration of this solicitation, as
well as FMVSS No. 213b updates.
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\2\ Docket No. NHTSA-2023-0067.
\3\ 87 FR 39234.
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The Updated OVSC Laboratory Test Procedure Draft and Request for
Comment
In the interest of ensuring a robust OVSC laboratory test procedure
for a new safety standard, NHTSA invites public comment on TP-213-11
specifically relating to sections of the OVSC laboratory test procedure
that include FMVSS No. 213a requirements.
Public Participation
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number indicated in this document in your comments.
Please limit your comments to 15 pages. We established this limit
to encourage you to write your primary comments in a concise fashion.
However, you may attach necessary additional documents to your
comments. There is no limit on the length of the attachments.
If you are submitting comments electronically as a PDF (Adobe)
file, NHTSA asks that the documents be submitted using the Optical
Character Recognition (OCR) process, thus allowing NHTSA to search and
copy certain portions of your submissions.
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines.
[[Page 13399]]
Accordingly, we encourage you to consult the guidelines in preparing
your comments. OMB's guidelines may be accessed at https://www.transportation.gov/regulations/dot-information-dissemination-quality-guidelines.
How can I be sure that my comments were received?
If you submit comments by hard copy and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope containing your comments. Upon
receiving your comments, Docket Management will return the postcard by
mail. If you submit comments electronically, your comments should
appear automatically in the Docket identified in the heading of this
document on www.regulations.gov. If they do not appear within two weeks
of posting, NHTSA suggested that you call the Docket Management
Facility at (202) 366-9826.
How do I submit confidential business information?
You should submit a redacted ``public version'' of your comment
(including redacted versions of any additional documents or
attachments) to the docket using any of the methods identified under
ADDRESSES. This ``public version'' of your comment should contain only
the portions for which no claim of confidential treatment is made and
from which those portions for which confidential treatment is claimed
has been redacted. See below for further instructions on how to do
this.
You also need to submit a request for confidential treatment
directly to the Office of the Chief Counsel. Requests for confidential
treatment are governed by 49 CFR part 512. Your request must set forth
the information specified in part 512. This includes the materials for
which confidentiality is being requested (as explained in more detail
below); supporting information, pursuant to Sec. 512.8; and a
certificate, pursuant to Sec. 512.4(b) and part 512, appendix A.
You are required to submit to the Office of the Chief Counsel one
unredacted ``confidential version'' of the information for which you
are seeking confidential treatment. Pursuant to Sec. 512.6, the words
``ENTIRE PAGE CONFIDENTIAL BUSINESS INFORMATION'' or ``CONFIDENTIAL
BUSINESS INFORMATION CONTAINED WITHIN BRACKETS'' (as applicable) must
appear at the top of each page containing information claimed to be
confidential. In the latter situation, where not all information on the
page is claimed to be confidential, identify each item of information
for which confidentiality is requested within brackets: ``[ ].''
You are also required to submit to the Office of the Chief Counsel
one redacted ``public version'' of the information for which you are
seeking confidential treatment. Pursuant to Sec. 512.5(a)(2), the
redacted ``public version'' should include redactions of any
information for which you are seeking confidential treatment (i.e., the
only information that should be unredacted is information for which you
are not seeking confidential treatment).
NHTSA is currently treating electronic submission as an acceptable
method for submitting confidential business information to the agency
under part 512. Please do not send a hardcopy of a request for
confidential treatment to NHTSA's headquarters. The request should be
sent to Dan Rabinovitz in the Office of the Chief Counsel at
Daniel.Rabinovitz@dot.gov. You may either submit your request via email
or request a secure file transfer link. If you are submitting the
request via email, please also email a courtesy copy of the request to
Matthew Filpi at Matthew.Filpi@dot.gov.
Will the agency consider late comments?
In our response, we will consider all comments that Docket
Management receives before the close of business on the comment closing
date indicated above under DATES. To the extent possible, we will also
consider comments that Docket Management receives after that date.
How will the agency utilize comments received?
The agency will consider all comments received, and will
incorporate comments as it deems appropriate into the OVSC laboratory
test procedure.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the docket are
indicated above in the same location. You may also see the comments on
the internet, at www.regulations.gov, identified by the docket number
at the heading of this notice. Please note that, even after the comment
closing date, NHTSA will continue to file relevant information in the
docket as it becomes available. Further, some people may submit late
comments. Accordingly, NHTSA recommends that you periodically check the
docket for new material.
(Authority: 49 U.S.C. 30166: delegations of authority at 49 CFR 1.95
and 501.8)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-03591 Filed 2-21-24; 8:45 am]
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