[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Proposed Rules]
[Pages 831-844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33305]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 595
[Docket No. 74-14; Notice 107]
RIN 2127-AG61
Air Bag Deactivation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: As part of its efforts to address the problem of the adverse
effects of current air bag designs on children and certain adults,
NHTSA is issuing this proposal to make it possible for vehicle owners
to have their air bags deactivated by vehicle dealers and repair
businesses.
Specifically, the agency is proposing to allow dealers and repair
businesses, upon written authorization of a vehicle owner, to
deactivate either the passenger-side air bag, the driver-side air bag,
or both. Dealers and repair businesses are statutorily prohibited from
making Federally required safety equipment inoperative, but NHTSA may
exempt them from the prohibition in appropriate circumstances. In order
to
[[Page 832]]
qualify for the exemption, the dealer or repair business would be
required to provide the owner with a NHTSA information sheet describing
the circumstances in which deactivation may be appropriate, based upon
the comparison of the risks in those circumstances of turning the air
bag off versus leaving it on. The authorization would contain a
statement that the owner has received and read that sheet. The agency
is proposing to require that warning labels be installed as a condition
of deactivation.
Deactivating an air bag would not be permitted if the vehicle were
equipped with a manual cutoff switch for the air bag, or if the air bag
were a ``smart'' air bag, i.e., one capable of either shutting off in
appropriate circumstances or controlling its deployment so as to
protect against injuring a wide range of occupants.
DATES: Comments must be received by February 5, 1997. Comments should
refer to the docket and notice number of this notice and be submitted
to: Docket Section, Room 5109, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590 (Docket
Room hours are 9:30 a.m.- 4 p.m., Monday through Friday.)
FOR FURTHER INFORMATION CONTACT: For information about air bags and
related rulemaking: Visit the NHTSA web site at http://
www.nhtsa.dot.gov and click on the icon ``AIR BAGS-Information about
air bags.''
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:
Table of Contents
I. Background
II. Scope of problem
A. Deaths and injuries
B. Public concerns regarding those deaths and injuries
C. Other health issues
III. Overview of other agency responses to problem
IV. Statutory prohibition against deactivating air bags; statutory
authorization for exemption from prohibition
V. Suggestions by public concerning air bag deactivation
VI. Granting of exemptions from State safety belt use laws for
medical and psychological reasons
VII. NHTSA's use of prosecutorial discretion with respect to air bag
deactivation
VIII. Proposal to permit deactivation
IX. Effective date
X. Regulatory analyses and notices
XI. Comments
I. Background
While air bags are providing significant overall safety benefits,
NHTSA is very concerned that current designs have adverse effects in
some situations. This notice proposes one of several actions that the
agency is taking to mitigate these effects.
To address those effects, the agency published in the Federal
Register (61 FR 40784) a notice of proposed rulemaking (NPRM) on August
6, 1996 to amend Standard No. 208, Occupant Crash Protection, and
Standard No. 213, Child Restraint Systems.
The NPRM proposed several amendments to reduce the adverse effects
of air bags, especially those on children.
The agency explained that eventually, either through market forces
or government regulation, it expects that ``smart'' passenger-side air
bags will be installed in passenger cars and light trucks to mitigate
these adverse effects. NHTSA proposed that vehicles lacking smart
passenger-side air bags would be required to have new, attention-
getting warning labels and be permitted to have a manual cutoff switch
for the passenger-side air bag. Currently, only vehicles lacking a rear
seat large enough to accommodate a rear-facing infant restraint are
permitted to have such a switch. The agency also requested comments
concerning whether it should require installation of smart air bags
and, if so, on what date such a requirement should become effective.
NHTSA also requested comments on whether it should, as an alternative,
set a time limit on the provision permitting manual cutoff switches in
order to assure the timely introduction of smart air bags. Finally, the
agency proposed to require rear-facing child seats to bear new,
enhanced warning labels.
II. Scope of Problem
A. Deaths and Injuries
Based on data available as of November 1, 1996, NHTSA estimates
that driver-side air bags have saved a net of 1,481 lives (1,500
drivers saved, minus 19 driver deaths caused by air bags), with 826 of
those lives saved in 1995 and 1996 alone. The dramatic increase in
lives saved in the last two years is due both to the increased number
of air bags in vehicles and improved technology. For persons aged 13
and older, passenger-side air bags have saved a net of 164 lives to
date. The number, if any, of passengers aged less than 13 saved by air
bags is unknown. What is known is the loss of 32 children. Thus, the
net figure for passengers of all ages could be as low as 133.
This disparity between driver and passenger air bags in the number
of lives saved is due in part to the fact that there are approximately
twice as many vehicles with driver air bags as there are vehicles with
passenger air bags. Passenger-side air bags have only been widely
available since the 1994 model year. Further, the driver seat is
occupied more frequently than the front passenger position.
As of November 30, 1996, however, 32 children have been killed as
the result of air bag deployment in low speed collisions. Nine of these
children were in rear-facing infant restraints. The number of deaths is
steadily climbing. Ten of the 32 died in calendar year 1995 and another
18 have died so far in calendar year 1996. Additionally, eight children
are known to have been seriously injured as a result of air bag
deployment, five of whom were in rear-facing infant restraints. One
adult passenger, a woman in her 90's, has been killed by an air bag.
Fewer drivers than passengers have been killed by air bags despite
the fact that there are approximately twice as many vehicles with
driver air bags as there are with both driver and passenger air bags.
The agency has verified the deaths of 19 drivers as the result of air
bag deployments in low to moderate speed collisions. Of these, 10 were
women 5'2'' or under, five were taller women, and four were men, all of
them at least 5'9''. One instance of a placental abruption, leading to
stillbirth, has been reported; injuries to the pregnant woman were
minor. Of the 19 adults killed by air bags, seven were age 64 or above.
The agency notes that older drivers are more at risk than the average
adult under most circumstances, regardless of type of restraint used.
Over half the fatalities (10 out of 19) were in calendar years 1994 and
1995. Only two drivers are known to have been killed as a result of air
bag deployment in 1996. Most of the driver fatalities occurred in
vehicles manufactured in model years 1990 and 1991. Only four drivers
have been killed in vehicles manufactured after model year 1992. The
absence of any upward trend in driver fatalities contrasts sharply with
the growth in the number of child fatalities.
[[Page 833]]
For a more detailed discussion of the air bag deaths, and for
tables that facilitate identifying the patterns associated with the
occurrence of those deaths, see Appendix A of this notice.
B. Public Concerns Regarding Those Deaths and Injuries
NHTSA emphasizes that the vast majority of people, both drivers and
passengers, are much safer with an air bag than without. Nevertheless,
the current number of deaths and serious injuries attributed to air bag
deployment in low speed crashes is disturbing.
There are particular concerns about small children, short-statured
women, pregnant women, and elderly individuals. In the aggregate, this
group constitutes a significant percentage of the total U.S.
population.
C. Other Health Concerns
A large number of arm injuries have also been attributed to air bag
deployment, both in low speed and higher speed crashes. Additionally,
numerous individuals have contacted the agency regarding their concerns
that a preexisting medical condition, such as a degenerative bone
disease or hearing problem, could be aggravated by air bag deployment.
The agency has no real-world data on how air bags aggravate preexisting
medical conditions.
III. Overview of Other Agency Responses to Problem
On November 27, 1996, a separate final rule was published in the
Federal Register (61 F.R. 60206) amending Standard No. 208 and Standard
No. 213 to require improved labeling to better ensure that drivers and
other occupants are aware of the dangers posed by air bags to children
who occupy the front seat. The agency is also issuing a final rule
extending, until September 1, 2000, the permission granted to
manufacturers to install manual cutoff switches for the passenger-side
air bag for vehicles without rear seats or with rear seats that are too
small to accommodate rear-facing infant seats.
NHTSA has decided to terminate rulemaking on that part of the
August 1996 NPRM that would have permitted all air bag vehicles to be
equipped with manual cutoff switches. This decision to terminate is
based on the agency's belief that informed deactivation is an option
that is easier and quicker to implement and that would not divert
manufacturing resources from smart air bag technology.
Today NHTSA is also issuing an NPRM proposing to amend Standard No.
208 to permit or facilitate depowering of air bags by 20 to 35 percent
across the fleet. NHTSA expects, in the near future, to issue separate
supplemental notice of proposed rulemaking (SNPRM) proposing
performance requirements for smart air bags and a phase-in schedule for
requiring installation of those devices.
IV. Statutory Prohibition Against Deactivating Air Bags; Statutory
Authorization for Exemption From Prohibition
Manufacturers, distributors, dealers 1 and motor vehicle
repair businesses 2 are prohibited by 49 U.S.C. Sec. 30122 from
knowingly making inoperative any part of a device or element of design
installed on or in a motor vehicle in compliance with an applicable
Federal Motor Vehicle Safety Standard. The statute, however, allows the
agency to prescribe regulations to exempt a person from the ``make
inoperative'' provision if such an exemption is consistent with safety
concerns.
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\1\ Section 30102 defines ``dealer'' as ``a person selling and
distributing new motor vehicles or motor vehicle equipment primarily
to purchasers that in good faith purchase the vehicles or equipment
other than for resale.''
\2\ Section 30122(a) defines ``motor vehicle repair business''
as ``a person holding itself out to the public to repair for
compensation a motor vehicle or motor vehicle equipment.'' NHTSA has
interpreted this term to include businesses that service vehicles
with which there is nothing wrong by adding features or components
to or otherwise customizing those vehicles.
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Suggestions by Public Concerning Air Bag Deactivation
In response to the August 1996 NPRM, BMW and Volvo recommended that
the agency develop procedures similar to those being used in Europe for
temporarily deactivating air bags. According to BMW,
(i)n Europe, a BMW dealer is allowed to temporarily deactivate
the passenger air bag for individuals who may have a special need or
normally transport children after advising them of the benefits of
air bags and approval forms are signed.
BMW attached to its comment copies of the approval forms and the
warning label (``Front passenger airbag deactivated'') that is placed
in the vehicle to indicate that the air bag has been deactivated. The
``formal obligation concerning deactivation of front passenger airbag''
form states that the owner of the vehicle is obliged
(N)ot to modify the airbag system in any way or alter/remove the
warning label,
(T)o ensure that every front passenger in the above vehicle is
aware that the front passenger airbag has been deactivated,
(T)o have the front passenger airbag reactivated by an
authorized BMW service station and
(I)f selling the vehicle, to inform the new owner of the current
state of the front passenger airbag and to hand over all relevant
documentation.
BMW's comments may be found at Docket 74-14, Notice 100, item 40.
In its comment, Volvo stated that
(i)n Europe, due to consumer requests, most manufacturers have
developed new car retail service procedures for deactivation and
reactivating of passenger side air bags. This is usually accompanied
by clearly visible labels stating if any measures have been taken to
change the air bag readiness status. Letters are sent to customers,
at regular intervals, to remind them of the system status. Letters
are also sent to new vehicle owners, when the car is sold, to inform
them of this.
Volvo's comments may be found at Docket 74-14, Notice 100, item 22.
On October 28, 1996, Ms. DeeAnn DePaul of Tacoma, Washington, filed
a petition for rulemaking to provide an exemption under 49 U.S.C. 30122
allowing motor vehicle dealers and repair businesses to respond to
requests by vehicle owners to have their driver-side air bag
deactivated. This notice grants that petition.
VI. Granting of Exemptions From State Safety Belt Use Laws for
Medical and Psychological Reasons
State safety belt use laws present a fairly analogous problem of
accommodating people with special problems that may make occupant
restraint use inappropriate. Virtually all States have provisions in
their safety belt use laws for granting medical exemptions to persons
who obtain a statement from their physician certifying their patient's
medical condition and stating why safety belt use by their patient is
inappropriate. Some States also provide for exemptions based on
psychological reasons.
VII. NHTSA's Use of Prosecutorial Discretion With Respect to Air
Bag Deactivation
In 76 instances to date, the agency has exercised its prosecutorial
discretion with respect to requests to deactivate an air bag. Eighteen
of the cases involved children. NHTSA told vehicle owners whose vehicle
lacked a back seat in which to carry an infant or who needed to monitor
closely a child with a special medical condition 3 that the agency
would not regard the temporary deactivation of the passenger-side air
bag by a dealer or repair business as grounds for an enforcement
proceeding.
[[Page 834]]
The agency urged that the air bag be reactivated when the circumstances
necessitating its deactivation ceased to exist. Additional requests,
based on medical conditions or the absence of a rear seat, are pending.
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\3\ The majority of medical conditions were related to apnea,
although exemptions have also been granted for children in
wheelchairs, and children with a tendency to spit up and choke.
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Similarly, in the other instances, the agency told owners that if
their physicians concluded that the risks associated with their medical
condition and the deployment of their driver-side air bag exceeded the
risks to their safety from the air bag's not deploying, NHTSA would not
regard deactivation of the air bag as grounds for an enforcement
proceeding.4 There are a large number of pending requests from
women of small stature and a smaller number from adults with various
medical conditions.
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\4\ Some waivers were granted, without the submission of a
physician's statement, based upon either the unique characteristics
of the medical condition involved or the existence of physician's
statements attached to the deactivation requests of other
individuals with the same medical condition.
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The volume of these requests for deactivation, and the variety of
concerns underlying them, necessitate a rulemaking response, as opposed
to individual, case-by-case resolution.
VIII. Proposal To Permit Deactivation
NHTSA has tentatively decided to exempt dealers and motor vehicle
repair businesses conditionally from the ``make inoperative''
prohibition so that they can deactivate either or both the driver- and
passenger-side air bags at the request of a vehicle owner.
Passenger Air Bag Deactivation
While NHTSA expects that smart passenger-side air bags will, within
several model years, offer a means for significantly reducing or
eliminating the risk of adverse side effects to children from air bags,
the agency believes that, in the interim, steps need to be taken to
minimize the possibility that air bags will harm children. Fortunately,
in the vast majority of cases, this can easily be accomplished by
placing children in the back seat. This is the safest place for
children, regardless of whether a vehicle has a passenger air bag.
However, some vehicles either do not have rear seats or have rear
seats too small to accommodate rear-facing infant seats. In addition,
NHTSA believes it is necessary to recognize that in a variety of
circumstances and for a variety of reasons, parents sometimes need to
place children in the front seat of vehicles that have back seats. In
some cases, such as situations involving infants with a special medical
condition, there may be a need for placing an infant in the front seat.
The American Academy of Pediatrics indicated in its comments on the
agency's August 6, 1996 NPRM (61 F.R. 40784) regarding the adverse
effects of air bags that cases involving medical conditions are
relatively few in number. The National Association of Pediatric Nurse
Associates & Practitioners estimated that as many as 20,000 children
under the age of 5, as well as 5,000 infants, require some type of
medical technology assistance, but did not suggest how many of these
children have conditions requiring them to be carried in the front
seat. In still other cases, parents may need to transport a number of
children greater than the number of rear seats in their vehicles.
Parents may also permit children older than infants to ride in the
front seat because the children strongly desire to do so.
NHTSA believes that, in the situations involving infants in the
front seat, deactivation would provide parents a means of ensuring that
their children would not be harmed by the air bag. Rear facing infant
seats can never be placed in front of an activated passenger air bag
without creating a risk of serious injury or death.
Deactivation is more problematical with respect to older children.
Most of the children who were older than infants and were killed by air
bags were not using any type of occupant restraint.5 Most of the
rest were using only a lap belt. Moreover, the agency believes that
some properly positioned and restrained children will benefit from an
air bag in some types of crashes. Nevertheless, the agency recognizes
that not all older children are properly restrained and that
particularly children not using any restraint at all or using only a
lap belt are at some risk of being killed by an air bag. Further, there
have been two instances in which a child using a lap and shoulder belt
was killed, and three reports of serious injuries to children using lap
and shoulder belts. NHTSA also realizes that parents may find it is
difficult to keep their children properly positioned and restrained,
e.g., some children may tend to remove their shoulder belt and/or move
forward away from the vehicle seat back and sit on or near the front
edge of the vehicle seat. An activated air bag would create an added
safety risk in these situations.
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\5\ For situations in which there is no option other than to
place children in the front seat (not including infants in rear
facing infant seats who can never safely be put in the front seat in
front of an air bag), NHTSA recommends the following: (1) The child
should be properly restrained. This means, depending on the size of
the child, a forward-facing child seat, a booster seat plus a lap/
shoulder belt, or a lap/shoulder belt alone (for larger children);
(2) The seat should be pushed all the way back, to maximize the
distance between the child and the air bag; (3) The child should be
sitting with his/her back against the seat back, and with any extra
slack removed from the safety belt.
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In issuing this proposal, NHTSA does not wish to encourage parents
to place children in the front seat. Regardless of whether a vehicle is
equipped with a passenger air bag, the rear seat is the safest place
for a child to sit. However, the agency believes it is necessary in
establishing safety requirements to take into account how people behave
in the real world.
NHTSA anticipates that depowering air bags will be the first step
in reducing the risk of air bag injuries in future vehicles. A
depowered air bag is intended to ensure the safety of restrained
children in the front seat, but even a depowered air bag could present
a risk to an infant in a rear-facing infant seat or to an unrestrained
child who is thrown onto the dash as the result of pre-crash braking.
Deactivation would thus continue to be permitted with depowered air
bags.
However, the purpose of smart air bag technology is to eliminate
the risks of deployment from passenger-side air bags by either
preventing them from deploying at all or deploying them safely in
situations in which children would otherwise be at risk. Accordingly,
the agency proposes that deactivation of a passenger-side air bag would
not be permitted if the air bag were equipped with a cutoff switch or
met the criteria established by the agency for smart air bags.
While some adult passengers may be at risk from air bag deployment,
NHTSA emphasizes that it is aware of only one adult passenger, a woman
in her 90's, who has been killed by an air bag. Additionally, since
most vehicles are now equipped with a bucket seat or split-bench seat
for the front passenger, a passenger in that seat would not have to
position the seat all the way forward, as some short-statured drivers
must in order to drive, and would thus usually be able to keep the seat
far away from the dashboard. This should eliminate potential risks in
such vehicles and the need for deactivating the passenger-side air bag
for reasons relating solely to stature. The distance of an adult
passenger from the dashboard would likely be sufficient even in the
case of a passenger sitting on a bench seat in a vehicle being driven
by a person of short stature. To reenforce the need for a safe
distance, the new warning labels stress the importance of sitting back
from the air bag and wearing safety belts.
[[Page 835]]
Driver Air Bag Deactivation
For the reasons stated in the ``Scope of problem'' section above,
NHTSA sees considerably less need for deactivation of driver-side air
bags and anticipates that most drivers would keep their air bags fully
operable. The total number of deaths attributed to driver-side air bags
is less than two percent of the total number of lives saved, i.e., 19
deaths versus 1500 lives saved. The decline in adult air bag deaths in
the last several years is believed to reflect the technological
improvements that have been made in driver air bags.
Nevertheless, some current driver-side air bags pose risks to some
drivers, particularly if they are so short-statured that they must sit
very near the steering wheel. For this reason, the agency is proposing
to permit deactivation of the driver side air bag in any existing
vehicle and in any future model year vehicle that is not equipped with
a smart driver-side air bag. The agency will analyze future data
concerning trends in driver air bag deaths and the overall effects of
deactivation on driver safety and determine at a later date whether it
is appropriate to limit the deactivation permission to vehicles
manufactured before a specific date. As noted above, data for the last
several years indicate a decline in driver air bag deaths. If, as
expected, depowered air bags are found to reduce air-bag related deaths
and injuries even further, NHTSA might consider limiting deactivation
to vehicles that have not been depowered.
The agency acknowledges that another category of driver might also
benefit from deactivation. NHTSA tentatively concludes that permitting
deactivation would be the best policy for those drivers whose medical
or physical condition would make them particularly vulnerable to air
bag-induced injury. The proposal would enable these persons to have
their air bags deactivated promptly, without having to petition the
agency. By creating a general permission for deactivation, the proposal
would also assure dealers and repair businesses that they would not be
violating the law if they deactivated an air bag.
Specifics of proposal. The specifics of the proposal are as
follows:
The proposed exemption from the ``make inoperative'' prohibition is
a conditional one. A dealer or repair business would be permitted to
deactivate an air bag only if the dealer or repair business:
Provides the vehicle owner with the most recent edition of
the NHTSA information sheet (copy attached as Appendix B of this
notice) concerning the circumstances in which deactivation may be
appropriate, based upon the comparison of risks in those circumstances
of turning the air bag off versus leaving it on. NHTSA anticipates that
it will conduct rulemaking to update the sheet from time to time, as
additional data concerning air bag performance are received and
analyzed.
Obtains from the vehicle owner a signed, written
authorization on the form attached as Appendix C of this notice,
identifying the vehicle by make and model, by model year, by VIN
number, and the seating position(s) of the deactivated air bag(s). Such
authorization shall include an affirmation by the vehicle owner that he
or she was given and has read a copy of the NHTSA information sheet
prior to signing the authorization.
For each deactivated air bag, places labels on both sides
of the sun visor above the air bag.
The label visible when the sun visor is in a stowed (up) position
shall state:
WARNING
Air Bag has been deactivated
See other side
The label visible when the sun visor is in a down position shall
state:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has(have) been
deactivated. To reactivate, contact an authorized dealer or a
qualified motor vehicle repair business.
both visor labels shall have the word ``WARNING'' in black lettering on
a yellow background.
For each deactivated air bag, places a permanent label on
the adjacent door jamb.
The label shall state:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has(have) been
deactivated.
The label shall have the word ``WARNING'' in black lettering on a
yellow background and shall also contain the name and address of the
dealer or repair business that deactivated the air bag(s).
Marks in the vehicle owner's or service manual (if
available) the following warning:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has(have) been
deactivated. To reactivate, contact an authorized dealer or a
qualified mechanic.
Sends a copy of the signed, written authorization form to
the manufacturer of the vehicle.
Each motor vehicle manufacturer shall retain for a period of not
less than five years a copy or other record of each authorization form
received pursuant to this regulation.
NHTSA requests comments about the appropriateness of these
requirements. Among the specific issues are the following:
--In the rulemaking on cutoff switches, the agency estimated that there
would be more benefits than losses if the misuse rate were less than 7
percent. Since a seat with a deactivated air bag may sometimes be
occupied by a person who would benefit from the air bag, is there a
percentage of such occupancy that would result in the losses from
deactivation outweighing the benefits?
--Should deactivation of air bags be allowed at the owner's option in
all cases or should deactivation be limited to situations in which
death or serious injury might be reasonably expected to occur? For
example, should deactivation of passenger-side air bags be allowed only
in cases in which the vehicle owner needs to carry young children in
the front seat? Should deactivation of driver-side air bags be allowed
only in cases in which the vehicle owner or other driver of the vehicle
has an acute medical condition, is of short stature, or is elderly?
Would the administrative details involved in establishing and
implementing these limitations overly complicate the availability of
deactivation?
--If it becomes permissible to deactivate air bags, with the result an
air bag could be turned off permanently, should the agency permit
lesser measures as well, such as a cutoff switch that the vehicle owner
could have installed to turn off air bags temporarily? In a final rule
issued in today's Federal Register, the agency has decided that cutoff
switches should not be permitted in new vehicles other than in those
that do not have a rear seat large enough to carry a rear-facing infant
seat. Would permitting a retrofit cutoff switch in all vehicles
conflict with the decision not to allow cutoff switches in new vehicles
generally? (NHTSA is not aware that any retrofit cutoff switches have
been produced.) Should there be any limitations on the methods of
deactivating air bags? For example, should there be a requirement that
the deactivation be performed in a manner that facilitates
reactivation?
--The agency solicits comments on the information contained in Appendix
A. Is the information consistent with information available to
manufacturers, insurance companies,
[[Page 836]]
and others with knowledge about air bag safety?
--The agency requests comments about the information sheet presented in
Appendix B. The purpose of the sheet is to give vehicle owners a
concise description of the benefits and risks associated with air bags,
to guide them in deciding whether they should disconnect their air
bags. Is the information presented in a useful way? Should more
information be provided, such as information from Appendix A, to help
place the risk in context? Should there be a more explicit focus on
particular practices, such as the carpooling of young children? What
distance should be specified for a driver to sit back from the air bag?
Should any information be omitted?
--The agency solicits comments on the contents of the authorization
form attached as Appendix C. Use of the form would be required for the
dealer or repair business that deactivates the air bag. The form will
be published and sent to new and used vehicle dealers through their
trade associations. Trade associations, trade publications and the
Internet will be used to make the form available to others, but it may
be difficult to ensure that the forms are available when needed. What
additional measures should be taken to ensure the availability of the
forms? Should the form state, as proposed, that the vehicle owner is
willing to allow labels to be installed? Should the form provide an
express statement that the person signing it owns the vehicle and is
not a lessee? Alternatively, should a lessee be allowed to sign for an
owner? Should the form require signature by all co-owners? Would the
form protect the dealer or repair business from liability if the
absence of an air bag is subsequently alleged to be the cause of an
occupant's injuries? Should a more explicit release of liability be
added? If so, how should it be worded?
--In a vehicle in which only the passenger-side air bag is deactivated,
should labels be placed on the driver's sun visor as well as the
passenger's sun visor? Such additional labels might be helpful to a
driver who is unfamiliar with the vehicle or to a subsequent purchaser
of the vehicle.
--While NHTSA has not proposed the size of the message area or the
lettering height, it requests comments on whether it should specify the
message area or lettering height and, if so, what sizes would be
appropriate. Should the message area on the visor label equal the area
of the new air bag warning label required by the final rule published
on November 27, 1996? Should it be required to be affixed over the
labels required by that final rule? Should a different area be
specified for labels to be placed on vehicles manufactured with the
smaller air bag warning labels formerly required?
--Should the vehicle manufacturers be required to follow the practice,
described by Volvo, of sending periodic reminders to vehicle owners
that one or both of their air bags are deactivated and notifying new
owners after title to the affected vehicles changes? Is the proposed 5-
year period for record retention the appropriate period?
--Should dealers and repair businesses be required to retain a copy or
other record of the vehicle owner's signed authorization statement? If
so, for what period of time?
Additional considerations. NHTSA recognizes that there are
potential safety tradeoffs associated with air bag deactivation. The
agency emphasizes that only in limited instances would air bag
deactivation be, on balance, in the best interests of a driver or
passenger. Given the number of air bag deaths to date, the chance of a
teenager or adult being killed by an air bag is significantly less than
the chance of being involved in a crash in which an air bag would
reduce such a person's injuries, whether the individual is belted or
unbelted. Moreover, while a fully restrained, forward-facing child can
be killed by an air bag, the deaths of only two fully restrained,
forward-facing children have been confirmed as having been caused by an
air bag.
Regardless of the manner of deactivation, deactivation will cause
the air bag readiness indicator (most vehicles use a single indicator
for both air bags) to come on, indicating that one air bag or the other
is not operational. If the passenger air bag is deactivated and the
driver-side air bag subsequently malfunctioned, the indicator would not
provide any separate indication of that malfunction. The agency invites
comments on whether the readiness indicator should be required to
remain functional.
NHTSA also notes that it may be difficult in some vehicles to
deactivate one air bag without deactivating the other air bag as well.
This could occur if one fuse or wire controls both bags. Under these
circumstances, deactivation of one bag might unnecessarily cause the
deactivation of the other bag even when the owner might prefer to keep
one bag operational. Comments are requested as to the prevalence of
designs that would result in the deactivation of both air bags.
However, as discussed above, the agency is dealing with an
extraordinary situation. While air bags are providing significant
overall benefits, they are also causing an unacceptable risk in limited
circumstances. NHTSA believes it is appropriate to propose a solution
that addresses that risk.
As noted above, NHTSA anticipates that the proposed exemption from
the make inoperative prohibition would affect the vehicles produced in
only the model years before smart air bags are available. Driver-side
air bag deactivation would be permitted only for existing vehicles and
vehicles that do not meet the criteria for smart air bags. The agency
may consider further restricting the permission to deactivate driver-
side air bags by excluding vehicles with depowered air bags.
Deactivation of a passenger-side air bag would be permitted in any
vehicle whose passenger-side air bag was neither equipped with a cutoff
switch nor met the criteria for smart air bags. This would allow
vehicle owners who either face potential risk from deployment
themselves or who regularly transport other increased-risk individuals
to deactivate one or both air bags.
NHTSA strongly recommends that air bag deactivation be undertaken
only in instances in which the vehicle owner believes that the air bag
poses an unreasonable and significant risk given that individual's
particular circumstances. However, given the administrative complexity
and time that would be associated with reviewing individual
applications, the agency is proposing to allow any person to choose to
deactivate, without having to demonstrate any particular need.
Since deactivation totally disables the air bag, thereby
eliminating any safety benefit for vehicle occupants not at risk of
serious injury due to air bag deployment, deactivation should be sought
only if no other option is available. The agency urges all owners who
choose to deactivate their air bag to reactivate the air bag once the
perceived need for deactivation has abated.
IX. Effective Date
The agency tentatively concludes that there is good cause to make
the proposed regulation effective immediately upon publication of a
final rule. In view of the need expressed by vehicle owners for
deactivation, it appears that there is a need for immediate relief.
Further, the regulation
[[Page 837]]
would be voluntary, since it would permit deactivations, not require
them. The agency requests comment as to the appropriateness of an
immediate effective date.
X. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was reviewed by the
Office of Management and Budget under E.O. 12866, ``Regulatory Planning
and Review.'' This action has been determined to be ``significant''
under the Department of Transportation's regulatory policies and
procedures, because of the degree of public interest in this subject.
This action would not be economically significant. It would not
require a motor vehicle manufacturer, dealer or repair business to take
any action or bear any costs except in instances in which a dealer or
repair business agreed to deactivate an air bag. In such an instance,
there would be costs associated with such an action per se as well as
labeling. The agency estimates that deactivation would typically
require less than one-half hour of shop time, at the prevailing local
rates of between $30 and $50 per hour. Similar costs would be incurred
upon reactivation of an air bag. There is no reliable way to estimate
the total number of deactivations that may be performed as the result
of the proposed regulation, but the agency expects that it would be
more than a thousand. The agency requests comments on this estimate, as
well as any estimates of the potential safety tradeoffs of deactivating
the air bag for a seating position that may be occupied by a person who
would have benefited from the air bag.
Based on the Final Regulatory Evaluation for the agency's final
rule requiring new, enhanced warning labels relating to air bags, the
labels proposed by this notice would cost between 15 and 25 cents per
vehicle. In addition, motor vehicle manufacturers would have some minor
recordkeeping expenses.
In view of the preceding analysis and the analysis in the
regulatory evaluation on labels, the agency regards the costs
associated with deactivation to be so minimal that a full regulatory
evaluation for this notice is not warranted. The agency requests
comments about the anticipated costs associated with this proposal. If
the agency decides to adopt the proposal as a final rule, it would
discuss the costs in a Final Regulatory Evaluation for this rulemaking.
B. Regulatory Flexibility Act
NHTSA has considered the effects of this proposed rulemaking action
under the Regulatory Flexibility Act. I hereby certify that it would
not have a significant economic impact on a substantial number of small
entities. While some dealers and repair businesses would be considered
small entities, the proposed requirements would not impose any
mandatory significant economic impact.
C. National Environmental Policy Act
NHTSA has analyzed this proposal for the purposes of the National
Environmental Policy Act and determined that a final rule adopting this
proposal would not have any significant impact on the quality of the
human environment.
D. Executive Order 12612 (Federalism)
The agency has analyzed this proposal in accordance with the
principles and criteria set forth in Executive Order 12612. NHTSA has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
E. Civil Justice Reform
This proposed rule would 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 of a petition for reconsideration
or other administrative proceedings before parties may file suit in
court.
F. Paperwork Reduction Act
This notice contains information collections that are subject to
review by the Office of management and Budget under the Paperwork
Reduction Act of 1995 (P.L. 104-13). The title, description, and
respondent description of the information collections are shown below
with an estimate of the annual burden. Included in the estimate is the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Title: Authorization to deactivate an air bag.
OMB Number:
Need for Information: The authorization would be required before a
motor vehicle dealer or repair business could deactivate an air bag.
Proposed Use of Information: The authorization would establish that
a vehicle owner was fully informed of the consequences of disconnecting
an air bag and would protect the motor vehicle or repair business from
liability for any injuries occurring as the result of deactivation. The
label on the vehicle would serve to inform subsequent owners that an
air bag had been deactivated. The motor vehicle manufacturers would
retain the authorization forms to help identify vehicles with
deactivated air bags.
Frequency: As often as a motor vehicle owner requests to have an
air bag deactivated.
Burden Estimate: Deactivation would affect motor vehicle owners,
dealers, repair businesses, and manufacturers, but it is wholly
voluntary. It is difficult to estimate the number of deactivations that
will be performed or the resulting burden. As of December 1996, the
agency has received approximately 1,000 explicit requests for
deactivation. As an initial number, the agency is estimating that
dealers will receive more than 1,000 completed authorization forms
annually under this procedure.
Respondents: It is not known how many vehicle owners would be
expected to request air bag deactivation, but the agency is estimating
that more than 1,000 would request and execute the form annually. There
are approximately 20 thousand new motor vehicle dealers, approximately
30 thousand used car dealers and several hundred thousand motor vehicle
repair businesses. Any of these businesses would be required to obtain
an authorization from a vehicle owner before deactivating an air bag.
Assuming that some businesses would be called on to deactivate air bags
by more than one vehicle owner, the number of businesses that would be
called upon to deactivate would be somewhat smaller than the number of
owners.
Form(s): A label and authorization form are described in this
notice.
Average burden hours per respondent: NHTSA estimates that the
average time required to read the information about air bag safety and
to read and execute the authorization form would be
[[Page 838]]
approximately 30 minutes. The time required for the dealers to affix
the labels, file the authorization forms, and send a copy to the
manufacture would be minimal, as would the time required for the
manufacturers to receive and file the forms.
Individuals and organizations may submit comments on the
information collection requirements by [insert date 30 days after
publication in the Federal Register] and should direct them to the
docket for this proceeding and the Office of Management and Budget, New
Executive Office Building, Room 10202, Washington, DC 20503, Attention:
Desk Officer for DOT/OST. Persons are not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
XI. Comments
NHTSA is providing an abbreviated comment period of 30 days, given
the significant public attention given to the adverse effects of air
bags. Moreover, while it is addressing improved labeling, extension of
time for manual cutoff switches, and depowering of air bags in separate
notices, they are related actions addressing the same problem. The
anticipated SNPRM on smart bags is also related. Only the actions on
labeling and the extension of time for manual cutoff switches have
reached the final rule stage; the others are still at the proposal
stage. Commenters are invited to address the relationships between
these actions, e.g., the extent to which one action affects the need
for, the potential benefits of or cost effectiveness of, another
action.
Commenters are also invited to address alternatives not addressed
by these actions. The agency requests that commenters favoring other
alternatives specifically provide a comparison of costs, benefits and
leadtime.
As indicated above, the agency anticipates publishing in the near
future a separate SNPRM to propose performance requirements for smart
air bags and to propose a phase-in schedule for requiring these
devices. Since that rulemaking action may not be completed until after
this action on deactivation, NHTSA requests comments on how to address
the definition of smart air bag in the final rule for deactivation.
Interested persons are invited to submit comments on this proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
the purportedly confidential business information, should be submitted
to the Chief Counsel, NHTSA, at the street address given above, and
seven copies from which the purportedly confidential information has
been deleted should be submitted to the NHTSA Docket Section. A request
for confidentiality should be accompanied by a cover letter setting
forth the information specified in the agency's confidential business
information regulation. 49 CFR Part 512.
All comments received by NHTSA before the close of business on the
comment closing date indicated above for the proposal will be
considered, and will be available for examination in the docket at the
above address both before and after that date. To the extent possible,
comments filed after the closing date will also be considered. Comments
received too late for consideration in regard to the final rule will be
considered as suggestions for further rulemaking action. Comments on
the proposal will be available for inspection in the docket. The NHTSA
will continue to file relevant information as it becomes available in
the docket after the closing date, and recommends that interested
persons continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rulemaking docket should enclose a self-addressed,
stamped postcard in the envelope with their comments. Upon receiving
the comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 595
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, NHTSA proposes to amend chapter
V of Title 49 CFR of the Code of Federal Regulations as follows:
1. Part 595 would be added to read as follows:
PART 595--AIR BAG DEACTIVATION
595.1 Scope.
595.2 Purpose.
595.3 Applicability.
595.4 Definitions.
595.5 Requirements.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 595.1 Scope.
This part establishes conditions under which air bags may be
deactivated and associated recordkeeping requirements.
Sec. 595.2 Purpose.
The purpose of this part is to provide an exemption from the ``make
inoperable'' provision of 49 U.S.C. 30122 and permit motor vehicle
dealers and motor vehicle repair businesses to respond to consumer
requests to deactivate driver and passenger air bags.
Sec. 595.3 Applicability.
This part applies to motor vehicle manufacturers, dealers and motor
vehicle repair businesses.
Sec. 595.4 Definitions.
Statutory terms. The term motor vehicle repair business is defined
in 49 U.S.C. 30122(a) as ``a person holding itself out to the public to
repair for compensation a motor vehicle or motor vehicle equipment.''
This term includes businesses that service vehicles without
malfunctioning or broken parts or systems by adding features or
components to or otherwise customizing those vehicles. The terms
manufacturer and dealer, defined in 49 U.S.C. 30102(a), are used in
accordance with their statutory meaning.
Sec. 595.5 Requirements.
(a) A dealer or motor vehicle repair business may deactivate a
passenger-side air bag if that air bag:
(1) Does not have a manual cutoff switch, or
(2) Does not meet the criteria in S4.5.5 of Sec. 571.208 of this
chapter for a smart air bag.
(b) A dealer or motor vehicle repair business may deactivate a
driver-side air bag if that air bag does not meet the criteria in
S4.5.5 of Sec. 571.208 of this chapter for a smart air bag.
(c) A dealer or motor vehicle repair business that deactivates an
air bag pursuant to paragraph (a) or (b) of this section shall meet all
of the conditions specified in paragraph (d) of this section.
(d) A dealer or motor vehicle repair business may deactivate a
driver-side or passenger-side air bag subject to the condition that the
dealer or repair business:
(1) Shall provide the vehicle owner with the most current NHTSA
information sheet concerning the circumstances in which deactivation
may be appropriate, based upon the comparison of risks in those
circumstances of turning the air bag off versus leaving it on.
(2) Shall obtain from the vehicle owner a signed, written
authorization
[[Page 839]]
identifying the vehicle by make and model, by model year, by VIN
number, and the seating position(s) of the deactivated air bag(s). Such
authorization shall include an affirmation by the owner that he or she
was given and has read a copy of the NHTSA information sheet prior to
signing the authorization.
(3) Shall, for each deactivated air bag, place labels on both sides
of the sun visor above that air bag.
(i) The label visible when the sun visor is in a stowed (up)
position shall state:
WARNING
Air Bag has been deactivated
See other side
(ii) The label visible when the sun visor is in a down position
shall state:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has(have) been
deactivated. To reactivate, contact an authorized dealer or a
qualified motor vehicle repair business.
(iii) Both visor labels shall have the word ``WARNING'' in black
lettering on a yellow background.
(4) Shall, for each deactivated air bag, place a permanent label on
the adjacent door jamb. The label shall state:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has (have) been
deactivated.
The label shall have the word ``WARNING'' in black lettering on a
yellow background and shall also contain the name and address of the
dealer or repair business that deactivated the air bag(s).
(5) Shall mark in the vehicle owner's or service manual (if
available) the following warning:
WARNING: (Insert ``The passenger-side air bag,'' ``The driver-
side air bag'' or ``Both air bags'') of this vehicle has (have) been
deactivated. To reactivate, contact an authorized dealer or a
qualified motor vehicle repair business.
(6) Shall send a copy of the signed, written authorization form to
the manufacturer of the vehicle.
(e) Each motor vehicle manufacturer shall retain, for a period of
not less than five years, a copy of each authorization form received
pursuant to this section.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
Note: These appendices will not appear in the code of Federal
Regulations.
Appendix A--The Safety Problem: Frontal Impacts, Air Bag Saves and Air
Bag Fatalities
Frontal impacts. Frontal impacts are the number one fatality and
injury causing mode of crash, resulting in 64 percent of all driver and
right-front passenger fatalities and 65 percent of all driver and
right-front passenger AIS 2-5 injuries. (AIS 2-5 stands for Abbreviated
Injury Scale levels of moderate to critical injuries.) The estimated
fatality and injury totals for 1994 are shown below: The injuries are
those for National Accident Sampling System-Crashworthiness Data System
(NASS-CDS) toaway accidents only.
1994 Fatalities and Moderate to Serious Injuries in Frontal Impacts
[Passenger Cars and Light Trucks]
------------------------------------------------------------------------
Right front
Drivers passengers Total
------------------------------------------------------------------------
Fatalities....................... 13,437 3,814 17,251
Injuries......................... 124,484 30,299 154,783
--------------------------------------
Total...................... 137,921 34,113 172,034
------------------------------------------------------------------------
B. Air Bag Saves and Fatalities
As the agency has confronted the problem of low speed fatalities
and injuries from air bags, it has faced a serious dilemma. On the one
hand, air bags have proven to be highly effective in reducing
fatalities, and are resulting in substantial net benefits in terms of
lives saved. The agency estimates that, to date, air bags have saved
driver and passenger 1,664 lives (1,500 drivers and 164 passengers).\1\
---------------------------------------------------------------------------
\1\ This estimate of gross savings is cumulative, through
November 1, 1996. The net savings would be 1,614.
---------------------------------------------------------------------------
At the same time, air bags are actually causing fatalities in some
situations, especially to children. As of November 15, 1996, NHTSA's
Special Crash Investigation program has identified 31 crashes in which
the deployment of the passenger-side air bag resulted in fatal injuries
to a child. One adult passenger and 19 drivers have also been fatally
injured.
Air Bag Saves and Fatalities 1986--Present
[Passenger Cars and Light Trucks]
------------------------------------------------------------------------
Right front
Drivers passengers Total
------------------------------------------------------------------------
Air Bag Saves.................... 1,500 164 1,664
Air Bag Fatalities............... 19 32 52
------------------------------------------------------------------------
Passenger Fatalities. The fatalities involving children have
occurred in 1993 and later calendar years. Nine of the fatalities
involved infants in rear-facing child seats. Of the other children, 18
were unrestrained, two more were wearing only the lap belt with the
shoulder belt behind them, and two were wearing a lap and shoulder belt
at the time of the crash. Most children were either infants or between
the ages of 4-7. See the tables below.
[[Page 840]]
Infant Passenger-side Air Bag Related Fatalities (In Rear Facing Infant Seats)
[By MY of Vehicle and CY of Death]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total No.
of infant No. of
passenger- vehicles w/
CY 89 CY 90 CY 91 CY 92 CY 93 CY 94 CY 95 CY 96 side air passenger-side
bag air bags
fatalities
--------------------------------------------------------------------------------------------------------------------------------------------------------
MY 89............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 78,000
MY 90............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 149,00
MY 91............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 44,000
MY 92............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 421,000
MY 93............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 1,352,000
MY 94............................................... ....... ....... ....... ....... ....... ....... 1 1 2 5,547,000
MY 95............................................... ....... ....... ....... ....... ....... ....... 2 4 6 8,936,000
MY 96............................................... ....... ....... ....... ....... ....... ....... ....... 1 1 10,750,000
---------------------------------------------------------------------------------------------------
Total......................................... ....... ....... ....... ....... ....... ....... 3 6 9 27,277,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Child (Non-infant) Passenger-side Air Bag Related Fatalities
[By MY of Vehicle and CY of Death]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total No.
of child
(non- No. of
infant) vehicles w/
CY 89 CY 90 CY 91 CY 92 CY 93 CY 94 CY 95 CY 96 passenger- passenger-side
side air air bags
bag
fatalities
--------------------------------------------------------------------------------------------------------------------------------------------------------
MY 89............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 78,000
MY 90............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 149,000
MY 91............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 44,000
MY 92............................................... ....... ....... ....... ....... ....... ....... ....... ....... .......... 421,000
MY 93............................................... ....... ....... ....... ....... 1 1 1 ....... 3 1,352,000
MY 94............................................... ....... ....... ....... ....... ....... 3 1 1 5 5,547,000
MY 95............................................... ....... ....... ....... ....... ....... 1 3 7 11 8,936,000
MY 96............................................... ....... ....... ....... ....... ....... ....... ....... 3 3 10,750,000
---------------------------------------------------------------------------------------------------
Total......................................... ....... ....... ....... ....... 1 5 5 11 22 27,277,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Age of Children Fatally Injured in Air Bag Deployments
--------------------------------------------------------------------------------------------------------------------------------------------------------
<1 1="" 2="" 3="" 4="" 5="" 6="" 7="" 8="" 9="" 10="" 11="" 12="" 13="" total="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" 9.....................................................="" .....="" .....="" 1="" 5="" 7="" 4="" 3="" .....="" 2="" .....="" .....="" .....="" .....="" 31="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" type="" of="" restraint="" used="" by="" children="" fatally="" injured="" by="" air="" bags="" ------------------------------------------------------------------------="" no.="" of="" type="" of="" restraint="" used="" children="" ------------------------------------------------------------------------="" none..........................................................="" 18="" lap="" belt="" only.................................................="" 2="" lap="" and="" shoulder="" belt.........................................="" 2="" unknown.......................................................="" rear-facing="" infant="" restraint..................................="" 9="" forward-facing="" child="" restraint................................="" booster="" seat..................................................="" ---------="" total.....................................................="" 31="" ------------------------------------------------------------------------="" these="" cases="" involved="" pre-impact="" braking,="" and="" were="" relatively="" low="" speed="" crashes.="" the="" nonuse,="" or="" improper="" use="" of="" safety="" belts="" in="" conjunction="" with="" pre-impact="" braking="" resulted="" in="" the="" forward="" movement="" of="" the="" children="" such="" that="" they="" were="" close="" to="" the="" instrument="" panel="" and="" the="" air="" bag="" system="" at="" the="" time="" of="" the="" air="" bag="" deployment.="" because="" of="" this="" proximity,="" the="" children="" appear="" to="" have="" sustained="" fatal="" head="" or="" neck="" injuries="" from="" the="" deploying="" passenger-side="" air="" bag.="" the="" agency="" has="" examined="" all="" air="" bag="" cases="" with="" child="" fatalities="" in="" its="" fatal="" accident="" reporting="" system="" (fars)="" and="" believes="" it="" has="" identified="" all="" cases="" involving="" fatalities.="" in="" addition="" to="" the="" 31="" children="" who="" have="" been="" fatally="" injured="" during="" passenger-side="" air="" bag="" deployments,="" one="" adult,="" a="" 98="" year="" old="" woman,="" sustained="" a="" fatal="" injury="" under="" similar="" air="" bag="" deployment="" circumstances.="" driver="" fatalities.="" as="" of="" november="" 15,="" 1996,="" nhtsa's="" special="" crash="" investigation="" program="" had="" identified="" 19="" minor="" to="" moderate="" severity="" crashes="" in="" which="" fatal="" injuries="" to="" the="" driver="" were="" associated="" with="" the="" deployment="" of="" the="" driver-side="" air="" bag.="" the="" data="" suggest="" that="" unrestrained="" small="" statured="" and/or="" older="" drivers="" are="" more="" at="" risk="" than="" other="" drivers="" from="" a="" driver="" air="" bag.="" (see="" tables="" below.)="" the="" agency="" notes="" that="" older="" drivers="" are="" more="" at="" risk="" than="" younger="" drivers="" under="" a="" wide="" range="" of="" crash="" circumstances,="" regardless="" of="" type="" of="" restraint="" used.="" nhtsa="" notes="" that="" these="" driver="" fatalities="" are="" very="" rare="" in="" comparison="" to="" the="" number="" of="" vehicles="" equipped="" with="" driver="" air="" bags="" and="" to="" the="" number="" of="" drivers="" saved="" by="" air="" bags.="" further,="" nhtsa="" notes="" that="" the="" last="" reported="" death="" of="" a="" female="" driver="" 5="" feet="" 2="" inches="" or="" less="" that="" was="" due="" to="" an="" air="" bag="" was="" [[page="" 841]]="" in="" november="" 1995,="" 12="" months="" ago.="" proper="" belt="" use="" is="" important.="" ten="" of="" the="" 19="" drivers="" appear="" to="" have="" been="" unrestrained="" at="" the="" time="" of="" the="" crash.="" in="" addition,="" two="" appeared="" to="" be="" out-of-position="" (slumped="" over="" the="" wheel).="" (see="" tables="" below.)="" driver="" air="" bags:="" fatalities="" and="" lives="" saved="" [fatalities="" shown="" by="" my="" of="" vehicle="" and="" cy="" of="" fatality]="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" no.="" of="" driver="" air="" drivers="" vehicles="" cy="" 89="" cy="" 90="" cy="" 91="" cy="" 92="" cy="" 93="" cy="" 94="" cy="" 95="" cy="" 96="" bag="" saved="" by="" produced="" w/="" fatalities="" air="" bag="" driver="" air="" bags="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" my="" 89......................................="" .......="" .......="" .......="" .......="" .......="" .......="" 1="" .....="" 1="" .........="" 500,000="" my="" 90......................................="" .......="" 1="" 1="" .......="" 1="" 2="" 1="" .....="" 6="" .........="" 2,500,000="" my="" 91......................................="" .......="" .......="" 2="" 2="" 1="" .......="" 1="" .....="" 6="" .........="" 2,867,000="" my="" 92......................................="" .......="" .......="" .......="" .......="" 1="" 1="" .......="" .....="" 2="" .........="" 5,084,000="" my="" 93......................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .....="" ..........="" .........="" 7,595,000="" my="" 94......................................="" .......="" .......="" .......="" .......="" .......="" 2="" 1="" .....="" 3="" .........="" 9,890,000="" my="" 95......................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" 1="" 1="" .........="" 13,690,000="" my="" 96......................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .....="" 0="" .........="" 14,321,000="" ------------------------------------------------------------------------------------------------------------="" total................................="" 0="" 1="" 3="" 2="" 3="" 5="" 4="" 1="" 19="" 1,500="" 56,447,000="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" driver="" air="" bag="" fatalities--women="" (5'2''="" or="" less)="" [by="" my="" of="" vehicle="" and="" cy="" of="" fatality]="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" total="" #="" of="" driver="" air="" bag="" #="" of="" vehicles="" cy="" 89="" cy="" 90="" cy="" 91="" cy="" 92="" cy="" 93="" cy="" 94="" cy="" 95="" cy="" 96="" fatalities="" produced="" w/="" (women="" driver="" air="" 5'2''="" or="" bags="" less)="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" my="" 89...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" 1="" .......="" 1="" 500,000="" my="" 90...............................................="" .......="" 1="" .......="" .......="" 1="" .......="" 1="" .......="" 3="" 2,500,000="" my="" 91...............................................="" .......="" .......="" 1="" 1="" .......="" .......="" 1="" .......="" 3="" 2,867,000="" my="" 92...............................................="" .......="" .......="" .......="" .......="" 1="" 1="" .......="" .......="" 2="" 5,084,000="" my="" 93...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 7,595,000="" my="" 94...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" 1="" .......="" 1="" 9,890,000="" my="" 95...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 13,690,000="" my="" 96...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 14,321,000="" ---------------------------------------------------------------------------------------------------="" total.........................................="" .......="" 1="" 1="" 1="" 2="" 1="" 4="" .......="" 10="" 56,447,000="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" driver="" air="" bag="" fatalities--other="" adults="" [by="" my="" of="" vehicle="" and="" cy="" of="" fatality]="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" total="" #="" of="" driver="" air="" #="" of="" vehicles="" bag="" produced="" w/="" cy="" 89="" cy="" 90="" cy="" 91="" cy="" 92="" cy="" 93="" cy="" 94="" cy="" 95="" cy="" 96="" fatalities="" driver="" air="" (other="" bags="" adults)="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" my="" 89...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 5,00,000="" my="" 90...............................................="" .......="" .......="" 1="" .......="" .......="" 2="" .......="" .......="" 3="" 2,500,000="" my="" 91...............................................="" .......="" .......="" 1="" 1="" 1="" .......="" .......="" .......="" 3="" 2,867,000="" my="" 92...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 5,084,000="" my="" 93...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 7,595,000="" my="" 94...............................................="" .......="" .......="" .......="" .......="" .......="" 2="" .......="" .......="" 2="" 9,890,000="" my="" 95...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" 1="" 1="" 13,690,000="" my="" 96...............................................="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" .......="" ..........="" 14,321,000="" ---------------------------------------------------------------------------------------------------="" total.........................................="" .......="" .......="" 2="" 1="" 1="" 4="" .......="" 1="" 9="" 56,447,000="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" age="" of="" drivers="" fatally="" injured="" in="" air="" bag="" deployments="" --------------------------------------------------------------------------------------------------------------------------------------------------------=""><20 20-29="" 30-39="" 40-49="" 50-59="" 60-69="" 70-79="">80 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................... 1 4 4 2 1 6 ........... 19
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 842]]
Type of Restraint Used by Drivers Fatally Injured in Air Bag Deployments
------------------------------------------------------------------------
No. of
Type of restraint used drivers
------------------------------------------------------------------------
None......................................................... 10
Belts misused................................................ 1
Lap and shoulder belt (Driver blacked out and slumped forward
at time of crash due to medical condition.)................. 2
Lap and shoulder belt........................................ 4
Unknown...................................................... 2
----------
Total.................................................. 19
------------------------------------------------------------------------
Comparison of passenger and driver air bag fatalities. Several
comparisons between the data for child fatalities and driver fatalities
need to be drawn. The annual number of child fatalities is very small,
but growing steadily. The number of adult fatalities is not growing.
Most child fatalities have occurred in very recent model year vehicles,
model year 1994 and 1995 vehicles. In contrast, only one woman 5 feet 2
inches or less has died in post model year 1992 vehicles. Most
fatalities of those women occurred in model year 1990-1992 vehicles.
(See tables below.)
Driver Air Bag Fatalities by Calendar Year of Death
----------------------------------------------------------------------------------------------------------------
CY 89 CY 90 CY 91 CY 92 CY 93 CY 94 CY 95 CY 96 Total
----------------------------------------------------------------------------------------------------------------
Women (5'2'' or less).......... ....... 1 1 1 2 1 4 ....... 10
Other adults................... ....... ....... 2 1 1 4 ....... 1 9
--------------------------------------------------------------------------------
Total.................... ....... 1 3 2 3 5 4 1 15
----------------------------------------------------------------------------------------------------------------
Child Air Bag Fatalities by Calendar Year of Death
----------------------------------------------------------------------------------------------------------------
CY 89 CY 90 CY 91 CY 92 CY 93 CY 94 CY 95 CY 96 Total
----------------------------------------------------------------------------------------------------------------
Children (non-infant).......... ....... ....... ....... ....... 1 5 5 11 22
Infants........................ ....... ....... ....... ....... ....... ....... 3 6 9
--------------------------------------------------------------------------------
Total.................... ....... ....... ....... ....... 1 5 8 17 31
----------------------------------------------------------------------------------------------------------------
Drivers Air Bag Fatalities by Model Year of Vehicle
----------------------------------------------------------------------------------------------------------------
MY 89 MY 90 MY 91 MY 92 MY 93 MY 94 MY 95 MY 96 Total
----------------------------------------------------------------------------------------------------------------
Women (5'2'' or less).......... 1 3 3 2 ....... 1 ....... ....... 10
Other adults................... ....... 3 3 ....... ....... 2 1 ....... 9
--------------------------------------------------------------------------------
Total.................... 1 6 6 2 ....... 3 1 ....... 19
----------------------------------------------------------------------------------------------------------------
Children Air Bag Fatalities by Model Year of Vehicle
----------------------------------------------------------------------------------------------------------------
MY 89 MY 90 MY 91 MY 92 MY 93 MY 94 MY 95 MY 96 Total
----------------------------------------------------------------------------------------------------------------
Children (noninfant)........... ....... ....... ....... ....... 3 5 11 3 22
Infants........................ ....... ....... ....... ....... ....... 2 6 1 9
--------------------------------------------------------------------------------
Total.................... ....... ....... ....... ....... 3 7 17 4 31
----------------------------------------------------------------------------------------------------------------
Potential Number of Persons Saved or Fatally Injured by Current Air
Bags. The dilemma faced by NHTSA, and ultimately the public, is how to
address the problem of low speed fatalities from air bags while
preserving their substantial life-saving benefits. Based on analyses of
real world data, NHTSA estimates that if all passenger cars and light
trucks on the road today had current air bags, there would be more than
3,000 lives saved each year, as compared to a no-air-bag fleet
(assuming current belt use rates). On the driver side, 616 belted
drivers and 1,686 unbelted drivers would be saved, for a total of 2,302
lives saved. This is a net figure, i.e., it accounts for the
possibility of some drivers being fatally injured by the air bag.
The potential number of lives saved by passenger-side air bags is
much smaller than driver-side air bags primarily because the passenger
seat is occupied much less frequently than the driver's seat, and
because children ride there. If all passenger cars and light trucks had
current passenger-side air bags, the agency estimates that 223 belted
and 491 unbelted passengers aged 13 and above would be saved annually,
for a total of 714 lives saved.
However, this 714 figure would be partially offset by fatalities
caused by the air bag to children 12 and under. If current rates of
child fatalities were experienced in an all-airbag fleet, 128 children
would be fatally injured by air bags annually, again assuming no
technological improvements, changes to air bags, or behavioral changes
by vehicle operators (e.g., ensuring that any
[[Page 843]]
children placed in the front seat properly use occupant restraints or,
preferably, placing children in the rear seat). The figure of 128
includes 90 forward-facing children, most of whom would be unbelted,
and 38 infants in rear-facing child restraints.
NHTSA emphasizes that this and the other rulemaking proceedings and
related educational efforts are intended to ensure that risks of
adverse effects of air bags are reduced so that the theoretically
projected air bag fatalities never materialize, while the potential
benefits of air bags are retained, to the maximum extent possible.
Appendix B--Information Concerning Air Bag Deactivation
This information sheet contains basic information about air bag
benefits and risks. It is up to date as of November 30, 1996. If you
need more information you may call the Auto Safety Hotline at (800)
424-9393 or visit the vehicle safety home page at www.nhtsa.dot.gov.
Air Bags--What They Are and What They Do
An air bag is a fabric bag that is stored within the hub of the
steering wheel or in the dashboard on the passenger's side of a
vehicle. It is attached to a metal housing that contains the
inflator for the air bag. When crash sensors in the front of the
vehicle detect a crash, they trigger the inflator, rapidly inflating
the air bag.
The bag must inflate very quickly, in the blink of an eye, if it
is to inflate in time to protect a vehicle occupant from striking
the steering wheel, dashboard, or windshield. If it inflates fully
before the occupant moves into it, it enables the occupant to stop
gradually. Gradual stops are safer than sudden stops. Since the air
bag also spreads the crash forces over a large area of the body, it
is very effective in reducing deaths and injuries in frontal
crashes.
The Requirement for Air Bags
By law, driver and passenger air bags must be installed in 95
percent of passenger cars in model year 1997 and 100 percent in
model year 1998. They must be installed in 80 percent of light
trucks in model year 1998 and in all light trucks in model year
1999. The manufacturers are already installing them in virtually 100
percent of passenger cars and most light trucks.
By November 1996, approximately 53 million passenger cars and
light trucks were equipped with air bags. Of these vehicles, about
24 million had both driver and passenger air bags.
The Benefits
As of November 1996, the government estimates that more than
1500 drivers and 164 passengers have been saved by air bags. This
number is rapidly increasing as more vehicles equipped with air bags
enter the fleet. Taking all crashes together, the air bag is
reducing fatal injuries by 11 percent for drivers and 13 percent for
adult passengers.
The greatest protection comes from using safety belts with air
bags. The safety belt keeps an occupant's hips in place during a
crash and limits the forward movement of the occupant's head and
upper body. The air bag prevents the occupant's head and upper body
from striking the windshield or dashboard. The latest studies
indicate that occupants protected by safety belts and air bags are
50 percent less likely than unrestrained occupants to suffer fatal
or serious injury in a crash.
The Risks
The air bag's speed is also the source of its risk. The air bag
is not a soft, pillowy cushion. If an occupant is too close to the
air bag when it begins to inflate, the bag can impact the chest or
head of the occupant with great force. If the occupant is extremely
close to the air bag when it inflates, the injuries can be serious
or fatal. As of November 1996, the government has verified reports
of 19 drivers and 33 passengers, 32 of them children under 10 years
old, who have been killed by air bags.
The Driver Air Bag
Of the 19 drivers fatally injured since 1990, only five were
wearing their safety belts and two of these had lost consciousness
before the crash and were slumped over the wheel when the air bag
deployed. Ten were short women (5'2'' or less), 9 of whom were
driving vehicles made in 1992 or earlier model years. Most of the
women drivers were 64 or older. During this same period, in
contrast, air bags saved hundreds of short women from serious or
fatal injuries.
The risk appears greater for unbelted drivers and for smaller
and older drivers, particularly those who must be very close to the
steering wheel in order to reach the pedals. The risk can be
significantly reduced by wearing the safety belt, sitting as far
back as access to the pedals permits, and including the seat back
away from the steering wheel.
Considereing Whether To Disconnect the Driver Air Bag
For most drivers, reasonable measures (moving the seat rearward,
inclining the seat back, adjusting a telescoping steering wheel
toward the dashboard) can provide an adequate distance between the
driver and the steering wheel. The government has not evaluated
devices such as pedal blocks or extenders that enable short drivers
to move back from the steering wheel. Before considering such a
device as an alternative to deactivating an air bag, a driver should
carefully evaluate the device's ease of use and safety. Information
about them can be obtained form the National Mobility Dealers
Association at 1-800-833-0427.
If a driver takes all reasonable measures but cannot get further
than about [ ] inches from the air bag when wearing his or her
safety belt, it is possible that pre-crash braking or the forces of
a crash could move the driver too close to the inflating bag. In
that case, the driver might want to consider disconnecting the air
bag.
Other factors that bear on disconnection include the driver's
age and physical condition. Older drivers are at greater risk of
injury in a crash, with or without an air bag, and may want to
consider this fact if they are also unable to sit more than [ ]
inches from the air bag. Some persons with medical disabilities that
require assistive appliances such as tracheotomy tubes also need to
pay particular attention to their distance from the air bag. If you
are uncertain whether a medical condition poses a risk, you should
consult your doctor.
The Passenger Air Bag
Most of the air bag related deaths have occurred in the last
three years, as passenger air bags began to enter the fleet in large
numbers. Of the children killed, 9 were riding in rear-facing infant
seats and 18 were riding unrestrained in the front seat. Two
children were restrained by a lap belt only and two (one a small
four-year-old) were restrained by a lap and shoulder belt.
In addition to the children, the death of one adult passenger, a
women in her 90's, has been verified as air bag related.
Considering Whether To Disconnect the Passenger Air Bag
If the vehicle is to be used to carry adults only, there is no
reason to consider disconnecting the air bag. The air bags are
proving to be effective for adult passengers. With the exception of
a woman in her 90's, no adult passenger is known to have been killed
by an air bag. In all but the rarest circumstances, an adult
passenger would be able to position the seat far enough away from
the dash to obtain the benefit of the air bag without the risks.
Even in the case of vehicles with bench seats operated by small
drivers, the passenger seat would be far enough from the air bag to
give a belted passenger adequate distance from the air bag.
If the vehicle is used to transport children under twelve, the
government's recommendation is that they should ride in the rear
seat wherever possible. Placing children in the rear seat will
completely eliminate any risk from the air bag and make deactivation
unnecessary. If for any reason you must carry a child (other than an
infant) in the front seat, make sure that the child is securely
buckled in a restraint appropriate for the child's size and age,
move the seat back as far as possible, and make sure that the child
sits back against the seat.\1\ Although there are no verified
reports of fatal injuries to belted children who were sitting back
in the seat at the moment of impact, parents should be aware that
there may still be a risk to a restrained child, since children tend
to move around (adjusting the radio, reaching for a soda, etc.) even
when they are restrained. Parents should decide whether to
deactivate the air bag in the light of this information.
---------------------------------------------------------------------------
\1\ Depending on the size and age of the child, the appropriate
restraint could be a forward-facing child safety seat (for children
from approximately one to four years, or 20 to 40 pounds), a booster
seat plus a lap/shoulder belt (for children older than four or more
than 40 pounds), or a lap/shoulder belt alone (for children who are
large enough to wear the shoulder belt comfortably across the
shoulder and to secure the lap belt across their pelvis, and who
have legs long enough to dangle over the front of the seat when
their backs are on the seat back).
---------------------------------------------------------------------------
Under NO circumstances should an infant be carried on the front
seat in a rear-facing infant seat unless the air bag is deactivated.
In a rear-facing seat, an infant's head would
[[Page 844]]
be very close to the inflating air bag. The risk of serious or fatal
injury is very high. If it is not feasible to carry an infant in the
rear seat, either because the vehicle lacks a rear seat or because
of a medical condition that requires constant attention, the air bag
should be deactivated. Do not attempt to turn a rear-facing infant
seat around or carry an infant under 20 pounds in any forward-facing
seat.
How To Disconnect an Air Bag
Deactivating an air bag can be dangerous. It should not be
attempted by anyone but a qualified mechanic. Although Federal
regulations now permit dealers and motor vehicle repair businesses
to disconnect air bags, NHTSA strongly discourages disabling except
in special circumstances, since air bags use with safety belts
almost always provide better protection than safety belts alone.
Appendix Authorization To Deactivate an Air Bag
I, ____________________,
(Vehicle Owner's Name)
the owner of the following vehicle:
----------------------------------------------------------------------
(Make (e.g., Chevrolet)
----------------------------------------------------------------------
(Model (e.g., Lumina))
----------------------------------------------------------------------
(Model year)
----------------------------------------------------------------------
(Vehicle Identification Number)
----------------------------------------------------------------------
(State in which vehicle is registered)
----------------------------------------------------------------------
(Registration #)
I authorize ____________________
----------------------------------------------------------------------
(Name of motor vehicle dealer or repair business)
(Address of dealer or repair business)
to modify the vehicle identified above in the following way:
In the appropriate box(es) below, initial which air bag or bags you
want deactivated.
{time} Deactivate my driver air bag
{time} Deactivate my passenger air bag
I make this authorization with the following
acknowledgments and understandings:
------------------------------------------------------------------------
Owner must initial each box
below Owner acknowledgments and understandings
------------------------------------------------------------------------
Information sheet. I acknowledge that the
dealer or repair business identified
above has given me a copy of an air bag
information sheet prepared by the
National Highway Traffic Safety
Administration and that I have read the
sheet.
Loss of protection. I understand that a
deactivated air bag will not deploy and
thus will not provide protection in the
event of motor vehicle collision.
Attaching of labels. I understand that
the dealer or repair business identified
above is required by law to install
labels on the sun visor and door jamb
for each air bag that is deactivated
pursuant to this authorization.
I understand that the labels are
intended to alert present and future
owners and users that one or both air
bags are deactivated.
I will allow the dealer or repair
business to attach the labels and ensure
that they remain in place as long as the
air bag(s) remain(s) deactivated.
Waiver of claims. I acknowledge that, by
authorizing the deactivation of an air
bag in my vehicle, I waive any claim or
cause of action that I may have against
the dealer or repair business because
the air bag has been deactivated.
------------------------------------------------------------------------
----------------------------------------------------------------------
(Signature of vehicle owner)
----------------------------------------------------------------------
(date)
[FR Doc. 96-33305 Filed 12-30-96; 11:00 am]
BILLING CODE 4910-59-P
