[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 67752-67754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33956]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 595
[Docket No. NHTSA-97-3111]
RIN 2127-AG61
Air Bag On-Off Switches
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule, correcting amendment.
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SUMMARY: This document amends a final rule which allows motor vehicle
dealers and repair businesses to install retrofit manual on-off
switches for air bags in motor vehicles. The rule requires the on-off
switch to be key operated and requires a telltale that indicates the
operating status of the air bag. NHTSA has determined that the language
of the regulatory text could be mistakenly interpreted to require a key
specifically matched to the on-off switch and that the rule was
ambiguous as to how the readiness indicator should function when one or
both air bags have been deactivated by means of the on-off
[[Page 67753]]
switch. This rule revises the language of the regulatory text to
clarify these issues. It also corrects a clerical error found in the
original regulatory text.
DATES: Effective Date: The amendments made to this final rule are
effective December 18, 1997. Petitions: Petitions for reconsideration
must be received by February 13, 1998.
ADDRESSES: Petitions for reconsideration should refer to the docket
number of this rule and be submitted to: Administrator, National
Highway Traffic Safety Administration, 400 Seventh Street, SW,
Washington, DC 20590.
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
Bag Page''.
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: On November 21, 1997, NHTSA published in the
Federal Register (62 FR 62406) a final rule which allows motor vehicle
dealers and repair businesses to install retrofit manual on-off
switches for air bags in vehicles owned by or used by persons whose
requests for switches have been approved by the agency. Among the
provisions of the final rule was a requirement that the on-off switch
be operable solely by means of a key. Shortly after publication, the
Ford Motor Company contacted NHTSA and stated that its existing on-off
switch could be operated by means other than a key specifically
designed for the switch. Ford requested clarification that its design
would conform with the criteria set forth in the final rule.
NHTSA's purpose in requiring operation by a key was to ensure that
the on-off switch could not be inadvertently triggered, thereby turning
an air bag on or off without the conscious intent to do so. The concept
of using of a key designed specifically to work with a particular on-
off switch, was considered and rejected when the agency drafted the
final rule. What the Agency intended was an instrument that must be
inserted into the on-off switch mechanism and turned to change the
status of an air bag, as opposed, for example, to a knob that could be
turned by an occupant. Such an instrument need not be a ``key'' as that
term is used in everyday speech, even though it falls within the
dictionary definition (cf, Webster's Third New International
Dictionary, etc.) Accordingly, the rule is being amended to require the
use of a ``key or a key-like object'' to operate.
A sentence has been added to the end of section 595.5(b)(3)(i) to
parallel the language concerning the air bag readiness indicator found
in S4.5.2 of FMVSS 208. The addition of this sentence does not change
the substantive requirements of the final rule.
This rule also corrects a clerical error found within section
595.5(b)(3) of the regulatory text. NHTSA notes that these changes to
the final rule are minor changes which do not substantively impact the
final rule as issued on November 18, 1997. Accordingly, NHTSA finds
that the issuance of this rule does not require a prior period of
notice and comment. NHTSA also finds for good cause that this final
rule can be made effective in less than thirty days. An immediate
effective date will allow switch manufacturers to design on-off
switches in a manner which they find to be the most effective without
fear of inconsistency with the regulatory requirements.
Rulemaking Analyses and Notices
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 not reviewed by
the Office of Management and Budget (OMB) under E.O. 12866,
``Regulatory Planning and Review.'' This document amends an action that
was determined to be ``significant'' under the Department of
Transportation's regulatory policies and procedures because of the
degree of public interest in this subject. However, this rule does not
impose any new requirements on manufacturers. It simply clarifies the
existing requirements.
Regulatory Flexibility Act
NHTSA has considered the effects of this rulemaking action 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 explained above, this rule will not have an economic
impact on any manufacturer or other entity.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this final rule.
National Environmental Policy Act
NHTSA has also analyzed this final 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.
The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the costs, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. This rule does not meet the definition of a
Federal mandate, because it adds no additional cost to the completely
permissive final rule which it is clarifying.
Civil Justice Reform
This final rule has no retroactive effect. Under 49 U.S.C. 30103,
whenever a Federal motor vehicle safety standard is in effect, a State
may not adopt or maintain a safety standard applicable to the same
aspect of performance which is not identical to the Federal standard,
except to the extent that the State requirement imposes a higher level
of performance and applies only to vehicles procured for the State's
use. 49 U.S.C. 30161 sets forth a procedure for judicial review of
final rules establishing, amending or revoking Federal motor vehicle
safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
List of Subjects in 49 CFR Part 595
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, NHTSA amends 49 CFR part 595,
which becomes effective on December 18, 1997, as follows:
1. The authority citation for part 595 will continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 595.5 is amended by revising paragraph (b)(3)
introductory
[[Page 67754]]
text and paragraph (b)(3)(i) to read as follows:
PART 595--RETROFIT ON-OFF SWITCHES FOR AIR BAGS
* * * * *
Sec. 595.5 Requirements.
* * * * *
(b) * * *
(3) The on-off switch meets all of the conditions specified in
paragraphs (b)(3)(i) and (ii) of this section.
(i) The on-off switch is operable solely by a key or a key-like
object. The on-off switch shall be separate from the ignition switch
for the vehicle, so that the driver must take some action other than
inserting the ignition key or turning the ignition key in the ignition
switch to turn off the air bag. Once turned off, the air bag shall
remain off until it is turned back on by means of the device. If a
single on-off switch is installed for both air bags, the on-off switch
shall allow each air bag to be turned off without turning off the other
air bag. The readiness indicator required by S4.5.2 of Sec. 571.208 of
this chapter shall continue to monitor the readiness of the air bags
even when one or both air bags has been turned off. The readiness
indicator light shall not be illuminated solely because an air bag has
been deactivated by means of an on-off switch.
* * * * *
Issued on: December 18, 1997.
Ricardo Martinez,
Administrator.
[FR Doc. 97-33956 Filed 12-29-97; 8:45 am]
BILLING CODE 4910-59-P
