[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Proposed Rules]
[Pages 5345-5346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2116]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Occupant Crash Protection; Denial of Petition for Rulemaking
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for rulemaking.
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SUMMARY: This document announces the denial of a petition for
rulemaking submitted by the Institute for Injury Reduction (IIR). The
petitioner requested ``rulemaking or other action'' to require
manufacturers to provide a specific warning for occupants to use lap
belts in new vehicles with automatic safety belts. However, under a new
statutory requirement, automatic safety belts are rapidly being
replaced by the combination of air bags and manual lap/shoulder belts.
Hence, the agency expects any safety concerns with automatic safety
belts to become moot. Therefore, the petition is denied.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cohen, Chief, Office of
Vehicle Safety Standards, National Highway [[Page 5346]] Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
Telephone: (202) 366-2264.
SUPPLEMENTARY INFORMATION: NHTSA received a petition for rulemaking
from the Institute for Injury Reduction (IIR). The petitioner requested
``appropriate rulemaking or other action leading to the issuance * * *
of a lap-belt-use warning requirement covering new vehicles sold in the
United States and equipped with `automatic' shoulder belts in any
position.''
IIR argued that an automatic shoulder/manual lap belt restraint
system often provides less protection in a crash than a fully manual
shoulder/lap belt restraint system. According to the petitioner, ``a
significant hazard of the former system is the overall propensity for
ejection due to the non-use of the lap belt in conjunction with the
automatic shoulder belt.'' The petitioner requested that NHTSA require
a warning that an automatic shoulder belt is not to be used without a
lap belt, and that the agency ``develop appropriate minimum performance
standards specifying warning language and location, or criteria.''
NHTSA notes that it previously responded to a petition for
rulemaking related to the subject of non-use of manual lap belts in
conjunction with automatic shoulder belts. On September 9, 1993, NHTSA
published (58 FR 47427) a notice denying a petition requesting that a
warning light be required to indicate when lap belts in vehicles with
automatic safety belts are not fastened. That petition had been
submitted by Mr. Mark Goodson.
Like IIR, Mr. Goodson was concerned that if the person using an
automatic safety belt does not engage the lap belt, the benefits of a
three point restraint are reduced, and the person risks personal injury
should a collision occur. Mr. Goodson recommended the addition of a
warning light to remind users to engage the lap belt.
In denying Mr. Goodson's petition, NHTSA cited the fact that
automatic belts are rapidly being replaced by the combination of air
bags and manual lap/shoulder belts. Under the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA), all passenger cars and
light trucks must provide automatic crash protection by means of air
bags, beginning in the late 1990's.
More specifically, as explained in NHTSA's final rule implementing
that part of ISTEA, at least 95 percent of each manufacturer's
passenger cars manufactured on or after September 1, 1996 and before
September 1, 1997 must be equipped with an air bag and a manual lap/
shoulder belt at both the driver's and right front passenger's seating
position. Every passenger car manufactured on or after September 1,
1997 must be so equipped. The same requirement for light trucks is
being phased in beginning on September 1, 1997. See 58 FR 46551,
September 2, 1993.
Prior to the enactment of ISTEA, manufacturers had been permitted
under Standard No. 208, Occupant Crash Protection, to provide automatic
crash protection by means of air bags or automatic belts. The automatic
crash protection requirements for cars have been in effect since the
late 1980's; the requirements began to be phased in for light trucks on
September 1, 1994.
Manufacturers are in fact moving more quickly toward providing air
bags than required by ISTEA. Ninety-nine percent of model year 1995
passenger cars are equipped with driver-side air bags, and about 87
percent are also equipped with passenger-side air bags. Moreover, in
meeting the automatic crash protection phase-in requirements for light
trucks, manufacturers are going directly to air bags rather than taking
the interim step of installing automatic belts.
In the notice denying Mr. Goodson's petition, NHTSA stated that it
expects any safety concerns with two-point automatic belts to become
moot as automatic belts are replaced by air bags with manual lap/
shoulder belts. The agency indicated that, given the limited time until
automatic belts are replaced by air bags, it believes that any problems
can be addressed by public education efforts. NHTSA noted that on
October 5, 1992, it issued a news release stating that ``drivers and
passengers of cars equipped with front-seat automatic shoulder belts
should also use the manual lap belt for maximum protection.'' The
agency stated that it would continue to periodically remind consumers
of the need to wear the manual lap belt which accompanies some forms of
automatic belts.
NHTSA believes that the same rationale for denying Mr. Goodson's
petition also applies to the IIR petition. In fact, the time until
automatic belts are replaced by air bags is even more limited. By the
time the agency completed any rulemaking to require a specific warning,
it is unlikely that any vehicles would be subject to the requirement.
Therefore, such a rulemaking would not result in any safety benefits.
Accordingly, the agency finds that there is not a reasonable
possibility that the requested rule would be issued at the conclusion
of a rulemaking proceeding.
The agency continues to believe that any problems in this area can
be addressed by public education efforts. This is true for both the
small number of new vehicles that will be produced with two-point
automatic belts and for the existing vehicles incorporating this
design. NHTSA notes that its consumer information pamphlet entitled
``Safety Belts Proper Use'' includes the following statement:
In some vehicles, the shoulder belt comes across your chest
automatically, but the lap belt must be buckled manually. If your
vehicle has a manual lap belt, it must be buckled for maximum
protection. Use the complete system the manufacturer installed in
your vehicle and follow the instructions provided in the owner's
manual.
NHTSA shares IIR's concern about the need for occupants to fully
utilize the crash protection equipment provided by manufacturers,
whether the manual lap belt provided with some automatic belts or the
manual lap/shoulder belts being provided with air bags. The agency will
continue its public education efforts in these areas.
For the reasons discussed above, the agency is denying the IIR
petition.
Authority: 49 U.S.C. 30103 and 30162; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: January 23, 1995.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-2116 Filed 1-26-95; 8:45 am]
BILLING CODE 4910-59-P
