[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Rules and Regulations]
[Pages 57837-57839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28350]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 571 and 586
[Docket No. 95-92, Notice 01]
RIN 2127-AF84
Federal Motor Vehicle Safety Standards; Side Impact Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Technical amendment.
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SUMMARY: This document deletes several obsolete sections of Standard
214, ``Side Impact Protection.'' They relate to (1) the phase-in of
dynamic side impact protection requirements for passenger cars, (2) the
phase-in of quasi-static side door strength requirements for trucks,
buses and multipurpose passenger vehicles with a gross vehicle weight
rating of 10,000 pounds or less (these vehicles are referred to as
``LTVs''), and (3) the one-year delay of the quasi-static requirements
for double opening cargo doors, doors with no windows, and certain
contoured doors on LTVs. These sections are obsolete because the time
periods and events to which they relate are all in the past. This
document also removes from Part 586, ``Side Impact Phase-In Reporting
Requirements,'' the reporting requirements associated with the LTV
phase-in. These amendments improve the clarity and conciseness of
Standard 214 and Part 586.
DATES: Effective Date: This rule is effective December 22, 1995.
FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Dr. William Fan,
Office of Vehicle Safety Standards, NPS-14, telephone (202) 366-4922.
For legal issues: Ms. Deirdre Fujita, Office of Chief Counsel, NCC-20,
(202) 366-2992. Both may be reached at the National Highway Traffic
Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590.
SUPPLEMENTARY INFORMATION: Pursuant to the President's March 4, 1995
directive, ``Regulatory Reinvention Initiative,'' to the heads of
departments and agencies, NHTSA undertook a review of all its
regulations and directives. During the course of this review, the
agency identified several requirements and regulations that are
potential candidates for rescission. In reviewing Standard 214, the
agency identified several obsolete sections relating to (1) the phase-
in of dynamic side impact protection requirements for passenger cars,
(2) the phase-in of quasi- static side door strength requirements for
trucks, buses and multipurpose passenger vehicles with a gross vehicle
weight rating of 10,000 pounds or less (these vehicles are referred to
as ``LTVs''), and (3) a one year delay of the quasi-static requirements
for double opening cargo doors, doors with no windows, and certain
contoured doors on LTVs. These sections are obsolete because the time
periods and events to which they relate are all in the past. To improve
the clarity and conciseness of Standard 214, the agency is deleting
these sections from the standard.
The obsolete sections of the standard relating to the phase-in of
dynamic side impact protection requirements for passenger cars are in
S8.1 and S8.2. S8.1 sets forth the phase-in requirements for passenger
cars manufactured on or after September 1, 1993 and before September 1,
1994. (Roughly speaking, under S8.1, manufacturers had to ensure that
not less than 10 percent of their annual production of passenger cars
met the dynamic side impact standard.) S8.2 sets forth the requirements
for passenger cars manufactured on or after September 1, 1994 and
before September 1, 1995. (Under S8.2, manufacturers had to ensure that
not less than 25 percent of their annual production met the standard.)
Since the parts of the phase-in schedule to which S8.1 and S8.2 relate
are over, the agency is deleting those sections.
(S8.3 and S8.4 are retained for now, since they contain current
requirements. S8.3 sets forth phase-in requirements for passenger cars
manufactured on or after September 1, 1995 and before September 1,
1996. Under S8.3, not less than 40 percent of a manufacturer's annual
production of cars have to meet the dynamic test requirements. The
phase-in ends September 1, 1996. On and after that date, all passenger
cars must meet the requirements. S8.4 has provisions for calculating
the average annual production of passenger cars for cars produced by
more than one manufacturer.)
The obsolete sections of Standard 214 that relate to the phase-in
of quasi-static side door strength requirements for LTVs are in
S3(a)(3), S9, and S9.1 through S9.2.3. Since the phase-in is over,
those sections need not be retained.
The one-year delay of the effective date of the LTV quasi-static
requirements, until September 1, 1994, is in S3(e)(5), S3(e)(6) and
S3(e)(7) for double opening cargo doors, doors with no windows, and
certain contoured doors, respectively. These sections are obsolete
since that date has passed and the quasi-static requirements are now in
effect for these doors.
This rule also deletes reporting requirements in 49 CFR Part 586
that related to the phase-in of the quasi-static side door strength
requirements for LTVs. The reporting requirements were needed for the
agency to enforce the phase-in. The reporting requirements directed
manufacturers to report certain information to NHTSA within 60 days
after the end of the production year ending August 31, 1994. Since the
deadline for the reports has passed, NHTSA is removing the requirement
from the CFR. There remains, however, a recordkeeping requirement
relating to the LTV phase-in. 49 CFR section 586.8 requires
manufacturers to maintain records of certain vehicle identification
number information until December 31, 1996. This rule does not affect
that recordkeeping requirement.
NHTSA finds good cause to make this amendment effective 30 days
after publication of this document. This amendment makes minor changes
to Standard 214 and to the reporting requirements of Part 586 that
clarify the standard and regulation without affecting their
requirements.
NHTSA also finds for good cause that notice and an opportunity for
comment on this document are unnecessary. This document does not impose
any additional responsibilities on any manufacturer. Instead, this
document simply removes outdated provisions of the standard and
regulation.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' Further, this action has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures. This rule removes
outdated portions of Standard 214 and part 586 without changing any of
the requirements in the standard and regulation. Because this rule does
not affect any substantive requirement of the side impact standard or
recordkeeping regulation, its impacts are so minimal as not to warrant
preparation of a full regulatory evaluation.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this rule under the
Regulatory Flexibility Act. I hereby certify that this rule will not
have a significant economic impact on a substantial number of small
entities. As
[[Page 57839]]
noted above, this rule simply removes outdated sections of Standard 214
and part 586. It has no effect whatsoever on the manufacture or sale of
vehicles.
National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will not have a significant impact on
the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this rule in accordance with the principles and
criteria contained in E.O. 12612, and has determined that this rule
will not have significant federalism implications to warrant the
preparation of a Federalism Assessment.
Civil Justice Reform
This rule will not have any retroactive effect. Under 49 U.S.C.
30103, whenever a Federal motor vehicle safety standard is in effect, a
State may not adopt or maintain a safety standard applicable to the
same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects
49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
49 CFR Part 586
Reporting and recordkeeping requirements.
In consideration of the foregoing, parts 571 and 586 of title 49 of
the Code of Federal Regulations are amended as follows:
PART 571--[AMENDED]
1. The authority citation for part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.214 [Amended]
2. Section 571.214 is amended by removing S3(a)(3), S3(e)(5),
S3(e)(6) and S3(e)(7), removing and reserving S8.1 and S8.2, and
removing S8.1.1, S8.2.1, S9, S9.1, S9.1.1, S9.1.2, S9.2, S9.2.1, S9.2.2
and S9.2.3.
PART 586--[AMENDED]
3. The authority citation for part 586 is revised to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
4. 49 CFR part 586 is amended by revising Sec. 586.1, Sec. 586.3,
Sec. 586.4(a), removing and reserving Sec. 586.7, and revising
Sec. 586.8, to read as follows:
Sec. 586.1 Scope.
This part establishes requirements for passenger car manufacturers
to submit a report, and maintain records related to the report,
concerning the number of passenger cars manufactured that meet the
dynamic test procedures and performance requirements of Standard No.
214, Side Impact Protection (49 CFR 571.214), and it establishes
requirements for manufacturers of trucks, buses and multipurpose
passenger vehicles with a gross vehicle weight rating (GVWR) of 10,000
pounds or less to maintain records related to the number of such
vehicles that meet the side door strength requirements of Standard No.
214.
Sec. 586.3 Applicability.
This part applies to manufacturers of passenger cars and to
manufacturers of trucks, buses and multipurpose passenger vehicles with
a GVWR of 10,000 pounds or less manufactured before September 1, 1994.
However, this part does not apply to any manufacturers of trucks, buses
and multipurpose passenger vehicles whose production consists
exclusively of walk-in vans, vehicles which do not have any side doors
that can be used for occupant egress, vehicles which exclusively have
doors of the types specified in S3(e) of 49 CFR 571.214 or double cargo
doors, doors without one or more windows, or doors for which the ratio
of the width of the lowest portion of the door to the width of the door
at its widest point is not greater than 0.5. (The width of the door is
measured in a horizontal plane and on the outside surface of the door.
The lowest portion of the door is that portion of the lower edge of the
door which is lowest to the ground and which is essentially
horizontal.) In addition, this section does not apply to vehicles
manufactured in two or more stages, and vehicles that are altered after
previously having been certified in accordance with part 567 of this
chapter.
Sec. 586.4 Definitions.
(a) All terms defined in section 30102 of Title 49, U.S.C., Chapter
301 are used in their statutory meaning.
* * * * *
Sec. 586.8 Records--manufacturers of trucks, buses and multipurpose
passenger vehicles.
Until December 31, 1996, each manufacturer shall maintain records
of the vehicle identification number for each truck, bus and
multipurpose passenger vehicle with a GVWR of 10,000 pounds or less
produced in the production year ending August 31, 1994, that meets the
side door strength requirements (S3.1 or S3.2) of Standard No. 214.
Issued on: November 13, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-28350 Filed 11-21-95; 8:45 am]
BILLING CODE 4910-59-P
