96-19354. Federal Motor Vehicle Safety Standards; Door Locks and Door Retention Components  

  • [Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
    [Rules and Regulations]
    [Pages 39904-39909]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-19354]
    
    
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    DEPARTMENT OF TRANSPORTATION
    National Highway Traffic Safety Administration
    
    49 CFR Part 571 and 590
    
    [Docket No. 94-70, Notice 4]
    RIN 2127-AF35
    
    
    Federal Motor Vehicle Safety Standards; Door Locks and Door 
    Retention Components
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Final rule; response to petitions for reconsideration.
    
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    SUMMARY: This document grants in part and denies in part petitions for 
    reconsideration of a final rule of this agency that extended the 
    performance requirements applicable to vehicle side door latches, 
    hinges, and locks to the back doors of passenger cars and multipurpose 
    passenger vehicles with a gross vehicle weight rating (GVWR) of 4,536 
    kilograms (10,000 pounds) or less.
        The agency is granting two of the requests in the petitions. First, 
    the agency is granting a request for a phase-in of the compliance date 
    of the new requirements and establishing the usual reporting and 
    recordkeeping requirements necessary for enforcement of a phase-in. 
    Secondly, the agency is clarifying the definition of ``trunk lid'' with 
    respect to vehicles in which the seatbacks of rear seats fold down to 
    provide additional cargo space. NHTSA is denying the other two requests 
    in the petitions.
    
    DATES: This final rule is effective September 2, 1997.
        Any petition for reconsideration of this rule must be received by 
    NHTSA not later than September 16, 1996.
    
    ADDRESSES: Petitions for reconsideration should refer to the docket and 
    notice numbers noted above for this rule and be submitted to the Docket 
    Section, National Highway Traffic Safety Administration, 400 Seventh 
    Street, SW., Room 5109, Washington, DC 20590; telephone (202) 366-4949. 
    Docket room hours are from 9:30 a.m. to 4:00 p.m., Monday through 
    Friday.
    
    FOR FURTHER INFORMATION CONTACT: For technical issues: Dr. William Fan, 
    Light Duty Vehicle Division, Office of Crashworthiness Standards, 
    National Highway Traffic Safety Administration, 400 Seventh Street SW, 
    Washington, DC 20590; telephone (202) 366-4922; FAX (202) 366-4329. For 
    legal issues: Walter Myers, Office of the Chief Counsel, National 
    Highway Traffic Safety Administration, 400 Seventh Street SW, 
    Washington, DC 20590; telephone (202) 366-2992; FAX (202) 366-3820.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Federal motor vehicle safety standard (Standard) No. 206, Door 
    locks and door retention components (49 CFR 571.206), specifies 
    performance requirements for side door latches, hinges, locks, and 
    other supporting means. The requirements of the standard, applicable to 
    all passenger cars, multipurpose passenger vehicles (MPV), and trucks, 
    are intended to minimize occupant ejection from the vehicle in the 
    event of a crash.
        On September 28, 1995, NHTSA published a final rule in the Federal 
    Register (60 FR 50124) extending the requirements of the standard to 
    the back doors of passenger cars and MPVs that are so equipped and that 
    have a GVWR of 4,536 kilograms (10,000 pounds) or less, including 
    hatchbacks, station wagons, sport utility vehicles, and passenger vans. 
    The effective date of the new requirements was specified in the rule as 
    September 1, 1997.
        The final rule defined ``back door'' as follows:
    
        [A] door or door system on the back end of a vehicle through 
    which passengers can enter of depart the vehicle, or cargo can be 
    loaded or unloaded, except--
        (1) The trunk lid of a passenger car whose trunk is separated 
    from the passenger compartment by a partition; and
        (2) a door or window composed entirely of glazing material whose 
    latches and/or hinges are attached directly onto the glazing 
    material.
    
        The rule required that each back door system have at least one 
    primary latch and that each primary latch not separate when a load of 
    11,000 Newtons (2,500 pounds) is applied perpendicular to the face of 
    the latch (Load Test One); when a load of 8,900 Newtons (2,000 pounds) 
    is applied in the direction of fork-bolt opening parallel to the face 
    of the latch (Load Test Two); and when a load of 8,900 Newtons (2,000 
    pounds) is applied in a direction orthogonal to the other two 
    directions (Load Test Three). The rule further specified that auxiliary 
    latches in multiple-latch back door systems must meet the same strength 
    requirements as primary latches on those doors.
        The primary latches of the back doors are required by the rule to 
    have both the fully latched and the secondary latched positions. 
    Auxiliary latches are not required to have a secondary latched 
    position.
    
    [[Page 39905]]
    
    The Petitions
    
        (a) The American Automobile Manufacturers Association (AAMA) 
    submitted a petition for reconsideration on behalf of its members, 
    Chrysler Corporation (Chrysler), Ford Motor Company (Ford), and General 
    Motors (GM), urging the deletion of ``unnecessary and design 
    restrictive requirements'' and extension of the effective date. 
    Specifically, the AAMA requested reconsideration of the following 
    requirements:
        (1) Auxiliary latch performance requirements. AAMA asserted that 
    auxiliary latches should not be required to meet the same strength 
    requirements as primary latches. AAMA argued that since the standard 
    does not require auxiliary latches, a door equipped with only a primary 
    latch that met requirements would comply with the standard, while a 
    door with a complying primary latch and an auxiliary latch that did not 
    meet the primary latch strength requirements would not. The AAMA stated 
    that such a situation is neither reasonable nor appropriate since the 
    addition of an auxiliary latch, whatever its performance level, would 
    provide a level of security over and above that required by the 
    standard. In addition, the current requirement could result in a 
    reduction in door system performance if it causes manufacturers not to 
    add auxiliary latches to doors because of the additional costs 
    involved. Finally, AAMA argued that auxiliary latches are often added 
    to prevent water leaks, wind noise, squeaks, and rattles, and the 
    deletion of such latches could cause customer dissatisfaction. 
    Accordingly, when a door system contains multiple latches, only one 
    should be required to meet the requirements of the standard.
        (2) Secondary latching position for hatches. AAMA stated that 
    requiring a secondary latching position for the hatches of hatchback 
    cars is unnecessary and provides no benefit to customers. AAMA asserted 
    that the benefits of a secondary latching position for side doors are 
    derived from the presence of a seated occupant near those doors. Thus, 
    in the event of occupant misuse, such as a door not fully closed by the 
    occupant, the secondary latch position can retain a door in a closed 
    position until it can be secured in the fully latched position. AAMA 
    stated that in addition to forcing redesign of the latch, requiring a 
    secondary latching position on the back doors of hatchback cars will 
    require redesign of the latch release mechanism because hatch release 
    mechanisms may be key-controlled only. Further, ergonomics may require 
    installation of an exterior release handle where one does not presently 
    exist, thus further increasing resource expenditure with no 
    commensurate safety benefit. Thus, AAMA asked that the latch releases 
    on hatchback cars be required to meet requirements prohibiting 
    component separation in the fully latched position only.
        (3) Lead time. In the Notice of Proposed Rulemaking (NPRM) of 
    August 30, 1994 (59 FR 44691) in which NHTSA proposed extending the 
    side door requirements to back doors, the proposed effective date was 
    ``the first September 1 that occurs following a two year period 
    beginning with the publication of a final rule.'' AAMA stated that that 
    proposed lead time would have provided a lead time of slightly less 
    than 3 years to slightly more than 2 years, but that the lead time 
    specified in the final rule was less than that proposed in the NPRM. 
    Since some AAMA members' back door and hatch systems do not comply with 
    the new requirements, new latches and locks may have to be designed, 
    tested and validated, then production tooling must be designed and 
    built, all requiring approximately 2 to 3 years lead time. In addition, 
    some members are planning certain phase-outs in model year (MY) 1997 
    and introduction of new models in MY 1998. Thus, phasing-in the new 
    requirements would allow manufacturers the flexibility to direct 
    resources to products which offer long term impact and be more in 
    accordance with the lead time proposed in the NPRM. AAMA therefore 
    requested a phase-in of 60 percent of production by MY 1998 (September 
    1, 1997) and 100 percent by MY 1999 (September 1, 1998).
        (b) General Motors. GM stated that it participated in and supported 
    the petition of AAMA. GM further commented that a lead time of less 
    than 2 years is unreasonable and requested a 2-model year phasing-in of 
    the new requirements commencing September 1, 1997.
        (c) Chrysler Corporation. Chrysler also stated that it participated 
    in and supported the petition of AAMA, and reiterated AAMA's request 
    for a 2-model year phase-in of the new requirements.
        (d) Ford Motor Company. Ford stated that it, too, participated in 
    and supported the petition of the AAMA. In addition, Ford stated that 
    the definition of ``back door'' in the rule (quoted above) is ambiguous 
    in that passenger sedans equipped with fold-down rear seats could be 
    construed as not having a trunk ``separated from the passenger 
    compartment by a partition'' since there would be no partition when the 
    seats are folded down.
    
    Agency Analysis and Decision
    
        (a) Clarifying the definition of ``back door.'' NHTSA recognizes 
    that certain models of passenger sedans are equipped with rear seats on 
    which the seatbacks fold down to provide additional cargo space. Thus, 
    to eliminate any possibility that the exclusion of trunk lids from the 
    definition of ``back door'' might be misapplied with respect to 
    vehicles with fold-down rear seats, the agency is clarifying the 
    exclusion by adding a definition of ``trunk lid.''
        (b) Phase-in of requirements. The petitioners were unanimous in 
    their assertions that an effective date of September 1, 1997 did not 
    provide sufficient lead time to design, test, and produce new latch 
    systems and to accommodate planned business cycles. Accordingly, to 
    provide manufacturers sufficient time to redesign, build, test, and 
    validate latches that may need to be changed to meet the new 
    requirements, petitioners requested a phase-in of the new requirements 
    so that compliance of 60 percent of production is required beginning 
    September 1, 1997 (MY 1998) and 100 percent beginning September 1, 1998 
    (MY 1999).
        NHTSA proposed an effective date of the first September 1 following 
    2 years after publication of the final rule in the Federal Register. 
    NHTSA believed that a lead time of 2 to 3 years would be needed by 
    manufacturers to make necessary latch design and tooling changes for 
    some of their vehicles. In addition, the agency was aware of the 
    ability of manufacturers to replace certain add-on components with 
    upgraded parts without having to change existing vehicle body 
    structures. Thus, the agency did not believe it likely that a latch 
    upgrade operation would involve significant vehicle sheet metal or body 
    structure changes. NHTSA believed that the lead time provided in the 
    final rule, a period that is 4 weeks short of 2 years, would be 
    adequate.
        As noted above, the petitioners reiterated the arguments they made 
    in response to the NPRM that 2 years was insufficient lead time for 
    certifying the compliance of all vehicles. They also alleged that the 
    agency failed to provide even the minimum lead time (2 years) that it 
    had proposed in the NPRM. Further, some petitioners provided 
    confidential information concerning the time necessary to design new 
    latches, build and test prototypes, assure quality and durability, and 
    conduct certification tests. Based on this new information, as
    
    [[Page 39906]]
    
    well as other confidential data submitted regarding product plans, 
    NHTSA has concluded that the short phase-in requested by the 
    petitioners would provide manufacturers with the necessary time needed 
    to comply with the new requirements, while minimizing compliance costs. 
    Compared with requiring 100 percent compliance beginning September 1, 
    1997, as specified in the final rule, adopting the petitioners' request 
    would result in a compliance delay of a maximum of 40 percent of 
    production for a 1-year period. In view of the agency's belief that 
    many back door latch, hinge, and lock assemblies already comply with 
    the new requirements and that many more manufacturers will comply with 
    the new requirements by the original effective date, the agency 
    believes that the actual difference in the implementation delay between 
    the original effective date and the petitioners' requested phase-in of 
    the effective date would be less than 40 percent of total vehicle 
    production. Accordingly, the effective date of the requirements of the 
    final rule will be phased-in to require 60 percent of affected vehicles 
    to comply with the new requirements by September 1, 1997 (MY 1998), and 
    to require all such vehicles manufactured after September 1, 1998 (MY 
    1999) to comply with the new requirements.
        NHTSA is also establishing the usual reporting and recordkeeping 
    requirements necessary for agency enforcement of a phase-in. These 
    requirements are necessary to enable the agency to identify which 
    vehicles are certified to be in compliance with the new back door 
    requirements. In general, each manufacturer must submit a report to 
    NHTSA within 60 days after the end of the production year ending August 
    31, 1998 detailing its 60 percent compliance with the back door latch, 
    hinge, and lock requirements of its passenger cars and MPVs produced 
    that production year. The information required for each report is also 
    specified. Finally, each manufacturer must maintain records of the 
    vehicle identification numbers of each passenger car and MPV for which 
    information is reported under this standard until December 31, 1999.
        (c) Auxiliary Latch Performance Requirements. For the first time, 
    ``auxiliary latch'' was defined in the standard as a latch or latches 
    other than the primary latch (which was also defined in the standard 
    for the first time) installed on a door equipped with more than one 
    latch. The final rule specified that the primary latch is required to 
    have both fully latched and secondary latched positions, while 
    auxiliary latches are required to have only a fully latched position.
        Although the amendments to the standard specifically address 
    auxiliary latches, they did not require installation of auxiliary 
    latches on back door systems. There is too much variation in the 
    configurations and designs of those door systems for the agency to be 
    able to specify a practicable and broadly-worded requirement for 
    auxiliary latches that would appropriately distinguish between those 
    door systems needing auxiliary latches and those that do not. More 
    importantly, adopting such a requirement is not necessary to ensure 
    that auxiliary latches are provided on multiple door systems since the 
    vehicle manufacturers already do so. The agency believes, however, that 
    if auxiliary latches are installed, there is a need to ensure that they 
    perform properly.
        The agency believes that, in the interest of motor vehicle safety, 
    auxiliary latches on back doors must meet the same strength 
    requirements that primary latches must meet in the fully latched 
    position. While primary and auxiliary latches serve a common purpose in 
    holding the door system closed, they are usually in different 
    locations, oriented in different directions, and subjected to different 
    loading conditions in a crash. In a typical double cargo door system, 
    for example, if the auxiliary latch that attaches a door part to the 
    vehicle floor fails in a crash, the door parts would tend to rotate 
    outward, creating a pulling and twisting loading on the primary latch. 
    Since the primary latch is not required to meet such a rotational load 
    requirement, it may not perform well in such a loading condition. In 
    fact, NHTSA data show that in a rotational load test, many production 
    door latches, whether primary or auxiliary, fail at a much lower load 
    level than the load limits specified in S4.1.1.1 and S4.1.1.2 of the 
    standard. If auxiliary latches meet the same strength requirements as 
    primary latches, however, such additional strength would reduce the 
    likelihood of primary latch failure due to the rotational loading of a 
    crash, thereby reducing the risk of unintentional door opening and 
    consequent occupant ejection.
        NHTSA does not agree with AAMA's argument that applying strength 
    requirements to auxiliary latches could cause manufacturers to delete 
    auxiliary latches, thus resulting in reductions in door system 
    performance. As AAMA pointed out in its petition, manufacturers add 
    auxiliary latches for purposes related to consumer satisfaction, such 
    as prevention of water leaks, wind noise, squeaks, rattles, and the 
    like. NHTSA believes that vehicle manufacturers will remain responsive 
    to motor vehicle safety and consumer satisfaction, and that the number 
    of latches fitted to a door system will continue to reflect the 
    manufacturer's assessment of the actual safety needs of the system. 
    Further, the technology of door latch design is well established and 
    commonly used throughout the auto industry. Thus, NHTSA is confident 
    that manufacturers will not delete auxiliary latches merely to avoid 
    making some minor modifications to some latch designs, assuming that 
    any are in fact necessary.
        For the reasons discussed above, the agency is convinced that in 
    order to reduce the safety risk of inadvertent door openings in crashes 
    and potential occupant ejection as a result of those openings, all door 
    latches, whether primary or auxiliary, must meet the strength 
    requirements of the standard. Accordingly, this request of the 
    petitioners is denied.
        (d) Secondary latching position requirement for hatchbacks. AAMA 
    suggested that the secondary latching position is not necessary for the 
    back door latches of hatchback cars since such doors are designed 
    solely for loading and unloading cargo. AAMA contended that the 
    secondary latching requirement for such doors serves no safety purpose 
    and provides no benefits to occupants. AAMA further contended that such 
    a requirement will require redesign of the latch release mechanisms 
    since hatch release mechanisms may be key-controlled only. AAMA stated 
    that ergonomics may require the addition of an outside door handle 
    where one does not now exist, thus increasing costs without any 
    commensurate safety benefit.
        NHTSA disagrees with AAMA on this issue. The purpose of the 
    secondary latching position requirement is to prevent door opening in 
    the event that the fully latched position fails, for whatever reason, 
    to retain the door in the closed position. Latch disengagement from the 
    fully latched position can occur from many dynamic factors, notably 
    impact or inertia forces generated in a crash. Although the hatches of 
    hatchback cars are typically designed for the loading and unloading of 
    cargo and have no interior door handle that can inadvertently cause the 
    door to open, they are particularly susceptible to opening in crashes. 
    NHTSA pointed out in the final rule that agency data show that hatches 
    on hatchback cars have a significantly
    
    [[Page 39907]]
    
    higher opening rate in crashes than back doors in other types of 
    vehicles, making them a major source of occupant ejections. 
    Accordingly, requiring a secondary latching position on these latches 
    is an added element of security in preventing door opening and 
    consequent occupant ejection in crashes.
        The agency also does not agree that requiring a secondary latching 
    position for latches on hatchbacks will necessitate extensive redesign 
    of those latches. The agency believes that key-controlled latches can 
    be designed to have secondary latching positions, with perhaps only 
    very minor modifications. Further, the agency continues to believe that 
    a large variety of such latches, whether key-controlled or otherwise, 
    already comply with the requirements of the standard. The agency 
    pointed out in the final rule that the production cost of a latch is 
    nearly the same with or without the secondary latching position, and 
    that the incremental cost for latch improvement, if needed, is not more 
    than $1.00 per latch. The final rule referred to a 1994 engineering 
    evaluation of the back door latches of 8 minivans conducted by the 
    agency in which it was found that 7 of those vehicles already had 2 
    latching positions on their back door latches. The agency also 
    considers it likely that many existing side or back door latch systems 
    that now comply with the standard can be used for hatch doors. 
    Accordingly, this request in the AAMA petition for reconsideration is 
    denied.
    
    Rulemaking Analyses and Notices
    
        (a) Executive Order No. 12866 and DOT Regulatory Policies and 
    Procedures.
        This rulemaking document was not reviewed under E.O. 12866, 
    Regulatory Planning and Review. NHTSA has considered the impact of this 
    rulemaking action under the DOT's regulatory policies and procedures 
    and has determined that it is not ``significant'' within the meaning of 
    those policies and procedures.
        The amendments promulgated by this document are intended to clarify 
    the applicability of Standard No. 206 in terms of what latches, hinges 
    and locks are not covered by the requirements of the standard (trunk 
    lids), and to permit a phase-in of the effective date of the amendments 
    to the standard published in the final rule of September 28, 1995 (60 
    FR 50124). The cost impacts of the amendments to the standard were 
    analyzed at length in the 1995 final rule and determined to be so minor 
    as not to require a final regulatory evaluation. The petitioners 
    submitted no data or information showing any cost impacts not 
    considered in the 1995 final rule. Further, slight delay in the 
    implementation of the 1995 final rule does not alter the agency's 
    conclusions about the rule's cost impacts. Accordingly, NHTSA reaffirms 
    the cost estimates discussed in the 1995 final rule and has not 
    prepared a full regulatory evaluation for this response to the 
    petitions for reconsideration.
        (b) Regulatory Flexibility Act.
        NHTSA has considered the effects of this rulemaking action under 
    the Regulatory Flexibility Act. For the reasons explained above, I 
    hereby certify that the amendments promulgated by this rule will not 
    have a significant impact on a substantial number of small entities. 
    Accordingly, a regulatory flexibility analysis was not prepared.
        (c) Executive Order 12612 (Federalism).
        NHTSA has analyzed this rulemaking action in accordance with the 
    principles and criteria contained in E.O. 12612, Federalism, and has 
    determined that this rule does not have sufficient federalism 
    implications to warrant preparation of a Federalism Assessment.
        (d) National Environmental Policy Act.
        NHTSA has analyzed this rulemaking action for the purposes of the 
    National Environmental Policy Act and has determined that 
    implementation of this rulemaking action will not have any significant 
    impact on the quality of the human environment.
        (e) Paperwork Reduction Act.
        The reporting requirements associated with this rule will be 
    submitted to the Office of Management and Budget for approval in 
    accordance with Chapter 35 of Title 44, United States Code, prior to 
    the effective date of such reporting requirements. Administration: 
    National Highway Traffic Safety Administration; Title: Back Door Latch, 
    Hinge, and Lock Phase- in Reporting Requirements; Need for Information: 
    To report manufacturers' production for the first year of the phase-in 
    period; Proposed Use of Information: To determine compliance with 
    `phase-in requirements; Frequency: One report; Burden Estimate: 1,260 
    hours; Respondents: 35; Forms(s): Written reports; Average Burden Hours 
    Per Respondent: 24.
        (f) Executive Order 12778 (Civil Justice Reform).
        This final rule does not have any retroactive effect. Under 49 
    U.S.C. 30103(b), whenever a Federal motor vehicle safety standard is in 
    effect, a state or political subdivision thereof may prescribe or 
    continue in effect a standard applicable to the same aspect of 
    performance of a motor vehicle only if such standard is identical to 
    the Federal standard. A state may, however, prescribe a standard for a 
    motor vehicle or item of equipment obtained for its own use that 
    imposes a higher performance requirement than the Federal standard. 49 
    U.S.C. 30161 sets forth a procedure for judicial review of final rules 
    establishing, amending or revoking Federal motor vehicle safety 
    standards. A petition for reconsideration or other administrative 
    proceeding is not required before parties may file suit in court.
    
    List of Subjects
    
    49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
    products, Tires.
    
    49 CFR Part 590
    
        Reporting and recordkeeping requirements.
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. The authority citation for part 571 continues to read as 
    follows:
    
        Authority: 49 U.S.C. sec. 322, 30111, 30115, 30117, and 30166; 
    delegations of authority at 49 CFR 1.50.
    
        2. Section 571.206 is amended in S.3 by revising the definition of 
    ``back door'' first published at 60 FR 50124, September 28, 1995, to 
    become effective September 1, 1997; by adding the definition of ``trunk 
    lid;'' and by revising S4 to read as follows:
    
    
    Sec. 571.206   Standard No. 206, Door locks and door retention 
    components.
    
    * * * * *
        S3. * * *
        Back door means a door or door system on the back end of a motor 
    vehicle through which passengers can enter or depart the vehicle, or 
    cargo can be loaded or unloaded; but does not include:
        (a) A trunk lid; or
        (b) A door or window that is composed entirely of glazing material 
    and whose latches and/or hinges are attached directly to the glazing 
    material.
    * * * * *
        Trunk lid means a movable body panel that provides access from 
    outside the vehicle to a space wholly partitioned from the occupant 
    compartment by a permanently attached partition or a fixed or fold-down 
    seat back.
    * * * * *
        S4. Requirements.
    
    [[Page 39908]]
    
        (a) Components on side doors. Components on any side door that 
    leads directly into a compartment that contains one or more seating 
    accommodations shall conform to this standard.
        (b) Components on back doors. Components on any back door of a 
    passenger car or multipurpose passenger vehicle with a gross vehicle 
    weight rating (GVWR) of 4,536 kilograms (10,000 pounds) or less that 
    leads directly into a compartment that contains one or more seating 
    accommodations shall conform to this standard, subject to the following 
    compliance schedule:
        (1)(i) For those affected passenger cars and multipurpose passenger 
    vehicles manufactured on or after September 1, 1997, and before 
    September 1, 1998, the amount of such vehicles complying with this 
    standard shall be not less than 60 percent of the combined total 
    production of passenger cars and multipurpose passenger vehicles, based 
    on:
        (A) The manufacturer's average annual production of such vehicles 
    manufactured on or after September 1, 1996 and before September 1, 
    1998; or
        (B) The manufacturer's production of such vehicles on or after 
    September 1, 1997 and before September 1, 1998.
        (ii) For calculating average annual production of affected 
    passenger cars and multipurpose passenger vehicles for each 
    manufacturer and the number of such vehicles manufactured by each 
    manufacturer, a vehicle produced by more than one manufacturer shall be 
    attributed to a single manufacturer as follows:
        (A) A vehicle that is imported shall be attributed to the importer;
        (B) A vehicle manufactured in the United States by more than one 
    manufacturer, one of which also markets the vehicle, shall be 
    attributed to the manufacturer that markets the vehicle.
        (C) A vehicle produced by more than one manufacturer shall be 
    attributed to any one of the vehicle's manufacturers specified by an 
    express written contract between the manufacturer so specified and the 
    manufacturer to which the vehicle would otherwise be attributed under 
    paragraph (b)(1)(ii) (A) or (B) of this section.
        (2) Components on the back doors of affected passenger cars and 
    multipurpose passenger vehicles manufactured on and after September 1, 
    1998 shall conform to all applicable requirements of this standard.
        (c) Components on folding doors, roll-up doors, doors that are 
    designed to be easily attached to or detached from motor vehicles 
    manufactured for operation without doors, and doors that are equipped 
    with wheelchair lifts and that are linked to an alarm system consisting 
    of either a flashing visible signal located in the driver's compartment 
    or an alarm audible to the driver that is activated when the door is 
    open, need not conform to this standard.
        (d) A particular latch or hinge assembly utilized as a test 
    specimen need not meet further requirements after having been subjected 
    to and having met any one of the requirements of S4 or S5.1 through 
    S5.4.
    * * * * *
        1. Part 590 is added to read as follows:
    
    PART 590--BACK DOOR LATCH, HINGE, AND LOCK PHASE-IN REPORTING 
    REQUIREMENTS
    
    Sec.
    590.1  Scope.
    590.2  Purpose.
    590.3  Applicability.
    590.4  Definitions.
    590.5  Response to inquiries.
    590.6  Reporting Requirements.
    590.7  Records.
    590.8  Petition to extend period to file report.
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
    
    Sec. 590.1   Scope.
    
        This part establishes requirements for manufacturers of passenger 
    cars and multipurpose passenger vehicles with a gross vehicle weight 
    rating of 4,536 kilograms (10,000 pounds) or less to respond to NHTSA 
    inquiries, to submit reports, and maintain records related to such 
    reports, concerning the number of such vehicles that meet the back door 
    latch, hinge, and lock requirements of Standard No. 206, Door locks and 
    door retention components (49 CFR 571.206).
    
    
    Sec. 590.2   Purpose.
    
        The purpose of these reporting requirements is to aid the NHTSA in 
    determining whether a manufacturer of passenger cars and multipurpose 
    passenger vehicles with a gross vehicle weight rating of 4,536 
    kilograms (10,000 pounds) or less has complied with the back door 
    latch, hinge, and lock requirements of Standard No. 206.
    
    
    Sec. 590.3  Applicability.
    
        This part applies to manufacturers of passenger cars and 
    multipurpose passenger vehicles with a gross vehicle weight rating of 
    4,536 kilograms (10,000 pounds) or less. However, this part does not 
    apply to those motor vehicles excluded from the requirements of 
    Standard No. 206.
    
    
    Sec. 590.4  Definitions.
    
        (a) All terms defined in 49 U.S.C. 30102 are used in their 
    statutory meanings.
        (b) Gross vehicle weight rating, multipurpose passenger vehicle, 
    and passenger car are used as defined in Sec. 571.3 of this chapter.
        (c) Production year means the 12-month period between September 1 
    of one year and August 31 of the following year, inclusive.
    
    
    Sec. 590.5  Response to inquiries.
    
        During the production year ending August 31, 1998, each 
    manufacturer shall, upon request from the Office of Vehicle Safety 
    Compliance, this agency, provide information regarding which vehicle 
    makes/models are certified as complying with the provisions of S4 and 
    S5, Standard No. 206.
    
    
    Sec. 590.6  Reporting requirements.
    
        (a) General reporting requirements. Within 60 days after the end of 
    the production year ending August 31, 1998, each manufacturer shall 
    submit a report to NHTSA concerning the manufacturer's compliance with 
    the latch, hinge, and lock requirements of this standard for the back 
    doors of its passenger cars and multipurpose passenger vehicles with a 
    gross vehicle weight rating of 4,536 kilograms (10,000 pounds or less) 
    produced in that year. Each report shall:
        (1) Identify the manufacturer;
        (2) State the full name, title, and address of the official 
    responsible for preparation of the report;
        (3) Identify the production year being reported on;
        (4) Contain a statement regarding whether or not the manufacturer 
    complied with the back door latch, hinge, and lock requirements of this 
    standard in the percentages specified in S4 for the period covered by 
    the report and the basis for that statement;
        (5) Provide the information specified in Sec. 590.7;
        (6) Be written in the English language; and
        (7) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, ATTN: NSA-01, 400 Seventh Street, SW., Washington, DC 
    20590.
        (b) Report content.--(1) Basis for phase-in production goals. Each 
    manufacturer shall provide the number of passenger cars and 
    multipurpose passenger vehicles with a GVWR of 4,536 kilograms (10,000 
    pounds) or less manufactured for sale in the United States for each of 
    the two previous production years or, at the manufacturer's option, for 
    the current
    
    [[Page 39909]]
    
    production year. A new manufacturer that has not previously 
    manufactured passenger cars and multipurpose passenger vehicles with a 
    GVWR of 4,536 kilograms (10,000 pounds) or less for sale in the United 
    States must report the number of such vehicles manufactured during the 
    current production year.
        (2) Production. Each manufacturer shall report for the production 
    year for which the report is filed the number of passenger cars and 
    multipurpose passenger vehicles with a gross vehicle weight rating of 
    4,536 kilograms (10,000 pounds) or less that meet the back door latch, 
    hinge, and lock requirements of this standard.
    
    
    Sec. 590.7  Records.
    
        Each manufacturer shall maintain records of the vehicle 
    identification number of each passenger car and multipurpose passenger 
    vehicle for which information is reported in accordance with Sec. 590.6 
    until December 31, 1999.
    
    
    Sec. 590.8  Petition to extend period to file reports.
    
        A petition for extension of time to file a report required by S6.1 
    must be received not later than 15 days before expiration of the time 
    specified in Sec. 590.5(a). The petition must be submitted to: 
    Administrator, National Highway Traffic Safety Administration, ATTN: 
    NSA-01, 400 Seventh Street, SW., Washington, DC 20590. The filing of a 
    petition does not automatically extend the time for filing a report. A 
    petition will be granted only if the petitioner shows good cause for 
    the extension and the extension is consistent with motor vehicle 
    safety.
    
        Issued on July 23, 1996.
    Ricardo Martinez,
    Administrator.
    [FR Doc. 96-19354 Filed 7-30-96; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Effective Date:
9/2/1997
Published:
07/31/1996
Department:
National Highway Traffic Safety Administration
Entry Type:
Rule
Action:
Final rule; response to petitions for reconsideration.
Document Number:
96-19354
Dates:
This final rule is effective September 2, 1997.
Pages:
39904-39909 (6 pages)
Docket Numbers:
Docket No. 94-70, Notice 4
RINs:
2127-AF35: Improved Back Door Latch
RIN Links:
https://www.federalregister.gov/regulations/2127-AF35/improved-back-door-latch
PDF File:
96-19354.pdf
CFR: (9)
49 CFR 571.206
49 CFR 590.1
49 CFR 590.2
49 CFR 590.3
49 CFR 590.4
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