[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Rules and Regulations]
[Pages 2446-2448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-796]
[[Page 2446]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-98-4980; Notice 1]
RIN 2127-AH25
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This document amends the Federal Motor Vehicle Safety Standard
on occupant crash protection, FMVSS No. 208, to provide vehicle
manufacturers greater flexibility regarding the location of the
telltale for air bag on-off switches in new motor vehicles. It
eliminates the requirement that the telltale be located on the vehicle
dashboard. Retention of that requirement is unnecessary since the
standard continues to require that the telltale must be clearly visible
from all front seat seating positions. This rule also adds a
requirement that the telltale be located within the vehicle's interior.
The rule makes the telltale location requirements in the standard
consistent with those in the agency's regulation permitting the
retrofitting of used vehicles with air bag on-off switches.
EFFECTIVE DATE: This rule is effective on January 14, 1999.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues: Mr. Clarke Harper, Chief, Light Duty Vehicle
Division, NPS-11, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Washington, DC 20590. Telephone: (202) 366-2264.
Fax: (202) 366-4329.
For legal issues: Ms. Rebecca MacPherson, Office of Chief Counsel,
NCC-20, National Highway Traffic Safety Administration, 400 Seventh
Street, SW, Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202)
366-3820.
SUPPLEMENTARY INFORMATION:
I. Background
This rule responds to a petition from Volkswagen of America, Inc.
requesting the agency to amend Federal Motor Vehicle Safety Standard
No. 208 (FMVSS No. 208) by eliminating the requirement that the
telltale for air bag on-off (cutoff) switches in new motor vehicles be
located on the vehicle dashboard. Elimination of this requirement would
make the telltale requirements for new vehicles equipped with an on-off
switch consistent with the requirements in Part 595 for the telltales
for retrofit on-off switches, i.e., switches installed in used
vehicles. Part 595 exempts commercial entities from the statutory
prohibition against making federally-required vehicle safety equipment
inoperative for the purpose of allowing those entities to install
retrofit switches.
On October 7, 1994, NHTSA published a notice of proposed rulemaking
proposing to amend FMVSS No. 208 by giving manufacturers the option of
installing a manual passenger-side air bag on-off switch in new
vehicles that either lacked a rear seat or had a rear seat too small to
accommodate a rear-facing infant restraint (59 FR 51158). The proposal
was issued in response to concerns that deploying air bags can
seriously injure children appropriately restrained in a rear-facing
infant restraint.
In that document, NHTSA proposed requiring ``a telltale light on
the dashboard that is clearly visible from both the driver and front
passenger seating positions and that is illuminated whenever the
passenger air bag has been deactivated by means of the cutoff device.''
NHTSA went on to explain that it
believes that the indicator should be visible to the driver as a
reminder that the passenger air bag is, or is not, functioning.
NHTSA believes that the indicator should be also visible from the
passenger seating position as a warning to non-infant occupants that
they are not protected by their air bag.
On May 23, 1995, NHTSA issued a final rule giving vehicle
manufacturers the option of installing a manual passenger-side air bag
on-off switch in vehicles with either no rear seat or with a rear seat
inadequate for accommodating a rear-facing infant restraint (60 FR
27233). The final rule required the on-off switch be operable by the
ignition key, be separate from the ignition switch, remain deactivated
until affirmatively reactivated by turning the switch, and be
accompanied by the telltale that is the subject of this rule.
On November 21, 1997, NHTSA issued a final rule establishing Part
595 and allowing owners of used vehicles to have their vehicles
retrofitted by commercial entities with air bag on-off switches,
subject to certain conditions (62 FR 62406). Such switches are
available for both driver and passenger seating positions as long as
the conditions for each seating position are met by the vehicle owner
and the entity that installs the switches. The switch requirements were
largely patterned after the requirements for a passenger-side switch in
FMVSS No. 208. However, in order to provide vehicle manufacturers with
more flexibility in fitting a telltale light into a vehicle not
originally designed to accommodate it, Part 595 did not include a
requirement that the telltale for retrofit switches be installed in the
vehicle dashboard. It did adopt the requirement that the telltale for a
passenger-side air bag switch be clearly visible from both the driver
and front passenger seat positions.
On March 23, 1998, Volkswagen of America, Inc. submitted a petition
requesting the agency to initiate a rulemaking proceeding to amend
FMVSS No. 208 by eliminating the requirement that the telltale for an
on-off switch in a new motor vehicle be located on the vehicle
dashboard. Volkswagen maintained that the current requirement is
unnecessarily design restrictive and that eliminating the dashboard
requirement would not be detrimental to motor vehicle safety.
NHTSA proposed eliminating that requirement in a notice of proposed
rulemaking (NPRM) published on July 20, 1998 (63 FR 38795) because the
agency tentatively concluded that the requirement is not necessary to
ensure the telltale's visibility. The agency articulated its belief
that there are other locations (e.g., the console) within the vehicle's
interior in which the telltale would be sufficiently noticeable by all
front seat occupants. For example, General Motors installs telltale
lights above the rearview mirror for vehicles with retrofit on-off
switches.
NHTSA noted that in the final rule establishing Part 595, it did
not require that the telltale be located on the vehicle dashboard.
Instead, it simply specified that the telltale must be visible from the
driver and front passenger seating positions and that the telltale must
be located within the vehicle's interior. These conditions allow, but
do not require, the placement of the telltale on the vehicle dashboard.
NHTSA proposed amending FMVSS No. 208 to allow the placement of a
telltale in a location other than the vehicle dashboard as long as the
telltale is visible to all occupants of the front seat and is located
within the vehicle's interior. This second requirement was proposed to
make FMVSS No. 208 consistent with Part 595 and because NHTSA believed
external conditions like rain or snow could prevent the telltale from
being clearly visible at all times.
The agency sought comment on whether there would be any degradation
of safety by not requiring uniformity of the telltale's location, i.e.,
on the vehicle dashboard.
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II. Discussion of Comments and Agency Decision
NHTSA received six comments in response to its NPRM. Four of these,
representing the interests of vehicle manufacturers,1
supported the proposed change without significant comment. A comment
filed by Advocates for Highway and Auto Safety (Advocates) basically
supported the proposed change, but suggested that wording be added to
require the telltale to remain within the driver's immediate forward
field of vision. The Alliance of American Insurers (AAI) opposed the
proposed change.
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\1\ Comments were filed by Volkswagen, General Motors, Chrysler
Corporation and the Association of International Automobile
Manufacturers.
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While Advocates agreed that a telltale could be placed somewhere
within the interior of the vehicle other than the dashboard and still
be clearly visible to all front seat occupants, it expressed a concern
that under the proposed language there was no requirement that the
telltale be within the driver's immediate forward field of vision. The
agency agrees that the proposed regulatory text does not contain such a
requirement. It is not persuaded, however, by Advocates' position that,
under the proposed regulatory text, a location outside a driver's
immediate field of vision ``can distract the driver from the driving
task''. Advocates cited the location of sunroof operation switches as
support for its position. The agency believes that situation is
inapposite. The telltale is a warning light that may or may not be
located immediately adjacent to the on-off switch. Accordingly, the
telltale has no operational function, and its status can be checked
with a quick glance. Presumably, any distractions posed by sunroof
operational switches are the result of drivers trying to operate the
sunroof while driving rather than the mere presence of the switch.
Nevertheless, NHTSA shares Advocates' concern that a telltale
switch could theoretically be placed in a location where it is arguably
clearly visible to all front seat occupants but not within the normal
range of vision while operating or riding in a vehicle (e.g., near the
interior overhead light or along the vehicle's A-pillar). The agency
does not believe it is necessary to define specific parameters for
installation to assure visibility.
Instead, NHTSA has added a definition of ``clearly visible'' to the
regulatory text. Under the final rule, the term shall mean clearly
visible within the normal range of vision throughout normal driving
operations. Likewise, the telltale should be visible regardless of
ambient light conditions.2 Any telltale that necessitates
the driver or passenger moving out of his or her normal riding position
because of the telltale's location, or that cannot be seen because of
adverse ambient lighting, is not clearly visible to an occupant.
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\2\ NHTSA has already expressed its position on ``clearly
visible'' and adverse ambient light conditions for retrofit on-off
switches in a letter to AirBag Options on June 25, 1998. In that
letter the agency stated that ``[u]nder Part 595, the on-off switch
telltale, which must be illuminated when the air bag has been turned
off, must be clearly visible. Ambient light conditions, such as
bright sunlight, cannot compromise visibility. If a switch
manufacturer cannot guarantee that the switch, when properly
installed, is clearly visible whenever the air bag has been turned
off, the manufacturer must redesign the switch to resolve this
problem.''
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The agency expects vehicle manufacturers to use common sense and
their knowledge of driving kinematics to design telltales that can be
easily seen by the driver and other front seat passengers of the
vehicle during normal driving operations. Should the agency determine
that manufacturers are not exercising such care, the agency will
commence rulemaking to return to a requirement that the telltale be
located on the dashboard.
AAI objected to the proposed change in regulatory text for three
reasons. NHTSA has already addressed one of its concerns, poor lighting
conditions, in the previous paragraph. AAI's other concerns deal with
education and driver and passenger awareness of the switch.
AAI contended that locating the telltale on the dashboard offers a
safeguard not found in Part 595. This safeguard, it avers, is needed
because FMVSS No. 208 does not require the extensive educational effort
required under Part 595.
The agency disagrees. As an initial matter, FMVSS No. 208 does
require strong warnings in the vehicle owner's manual, providing
educational guidance for vehicle owners. NHTSA is also unconvinced that
the location of a telltale on the dashboard rather than in some other
clearly visible location actually acts as an additional safeguard. AAI
asserted that for the telltale to ``be a constant reminder, visible to
the driver throughout the operation of the vehicle'', the telltale must
remain on the dashboard. NHTSA rejects this contention and directs the
reader to its response to Advocates' comments.
AAI also maintains that:
[W]hile removal of the telltale to another location may still
assure it's [sic] visibility, it may be easy to disregard, ignore,
or more importantly, forget, if it is not within constant view along
with other gauges and lights. Further, passengers are more likely to
take notice of an indicator light on a dashboard rather than one
located elsewhere, especially in an unfamiliar vehicle.
The agency does not believe that a warning light that is isolated
from other lights is more likely to be ignored than one that is grouped
among a cluster of lights. Indeed, it may be possible that a telltale
that is physically separate from all other warning or operational
signals is more likely to be noticed than one that is part of a cluster
of lights. NHTSA believes the difference in the visibility of a
telltale, especially to a passenger, on the dashboard versus that of a
telltale elsewhere within the interior of the vehicle is minimal as
long as the vehicle manufacturer follows the agency's requirement that
the telltale be clearly visible to all front seat occupants.
Placement of a telltale in a less restricted area than the
dashboard permits wider flexibility in on-off switch design. NHTSA
believes that telltales designed in accordance with this final rule
will not result in any adverse motor vehicle safety consequences.
III. Proposed Effective Date
Since the adoption of the proposal would relieve a restriction
affecting safety, NHTSA is making this rule effective immediately.
NHTSA believes a delayed effective date would serve no purpose since
the proposed changes would permit, but not require a change in the
location of the switch telltale.
IV. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be insignificant under the Department of Transportation's
regulatory policies and procedures. NHTSA believes that this rule will
not impose any additional cost on manufacturers and consumers since the
rule only expands available options for the design of a telltale for
factory-installed air bag on-off switches. Accordingly, the agency
believes that the economic impacts of this rule are so minimal as not
to warrant the preparation of a full regulatory evaluation.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this rule under the
Regulatory Flexibility Act. I hereby
[[Page 2448]]
certify that this rule does not have a significant economic impact on a
substantial number of small entities.
The proposed rule would affect motor vehicle manufacturers. NHTSA
estimates that there are only four small manufacturers of passenger
cars and light trucks in the United States. These manufacturers serve a
niche market, and the agency believes that small manufacturers do not
manufacture even 0.1 percent of total U.S. passenger car and light
truck production per year. The agency notes that today's amendment will
allow, but not require, changes to existing designs for these, as well
as other, vehicle manufacturers.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), there are no requirements for information collection associated
with this rule.
National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will not have a significant impact on
the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
does not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
Unfunded Mandates Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This proposal does not
meet the definition of a Federal mandate because it does not impose
requirements on anyone. In addition, annual expenditures will not
exceed the $100 million threshold.
Civil Justice Reform
This rule does not have any retroactive effect. Under 49 U.S.C.
30103, whenever a Federal motor vehicle safety standard is in effect, a
State may not adopt or maintain a safety standard applicable to the
same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, 49 CFR Part 571 is amended as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 of Title 49 continues to
read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.208 [Amended]
2. Paragraph S4.5.4.3 of Section 571.208 is revised to read as
follows:
Sec. 571.208 Standard No. 208, Occupant Crash Protection.
* * * * *
S4.5.4.3 A telltale light in the interior of the vehicle shall be
illuminated whenever the passenger air bag is turned off by means of
the on-off switch. The telltale shall be clearly visible to occupants
of all front seating positions. ``Clearly visible'' means within the
normal range of vision throughout normal driving operations. The
telltale:
(a) Shall be yellow;
(b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' on
the telltale or within 25 millimeters of the telltale;
(c) Shall remain illuminated for the entire time that the air bag
is ``off'';
(d) Shall not be illuminated at any time when the air bag is
``on''; and,
(e) Shall not be combined with the readiness indicator required by
S4.5.2 of this standard.
* * * * *
Issued on January 8, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-796 Filed 1-13-99; 8:45 am]
BILLING CODE 4910-59-P
