94-5487. Federal Motor Vehicle Safety Standards; Theft Protection  

  • [Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-5487]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 14, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Part 571
    
    [Docket No. 1-21, Notice 12]
    RIN 2127-AE99
    
     
    
    Federal Motor Vehicle Safety Standards; Theft Protection
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation (DOT).
    
    ACTION: Notice of Proposed Rulemaking (NPRM).
    
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    SUMMARY: Standard No. 114 currently requires automatic transmission 
    vehicles with a ``park'' position on their transmission to have a key-
    locking system that prevents removal of the key unless the transmission 
    is locked in ``park'' or becomes locked in ``park'' as the direct 
    result of removing the key. In other words, under the first 
    alternative, a vehicle must be designed so that the key cannot be 
    removed when the transmission shift lever or other shifting mechanism 
    is in any position other than ``park.'' NHTSA is proposing to amend 
    this provision to prevent key removal only when the shift lever or 
    other shifting mechanism is fully placed in any designated shift 
    position other than ``park.'' This rulemaking action results from a 
    petition submitted by Mazda. The agency believes that the proposed 
    amendment would provide greater flexibility to manufacturers, and not 
    have any measurable impact on safety.
    
    DATES: Comments must be received on or before May 13, 1994. The 
    proposed amendments would become effective 30 days after publication of 
    a final rule in the Federal Register.
    
    ADDRESSES: Comments should refer to the docket and notice numbers above 
    and be submitted to: Docket Section, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW., Washington, DC 20590. Docket 
    hours are 9:30 a.m. to 4 p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Jere Medlin, Office of Vehicle Safety Standards, National Highway 
    Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
    20590. Mr. Medlin's telephone number is (202) 366-5307.
    
    SUPPLEMENTARY INFORMATION: On May 30, 1990, NHTSA amended Federal Motor 
    Vehicle Safety Standard No. 114, Theft Protection, to protect against 
    injuries to children caused by vehicle rollaway in vehicles with 
    automatic transmissions, where children were able to shift the 
    transmission of a parked vehicle. 55 FR 21868. The amendment required 
    automatic transmission vehicles with a ``park'' position to have a key-
    locking system that prevents removal of the key unless the transmission 
    is locked in ``park'' or becomes locked in ``park'' as the direct 
    result of removing the key. The amendment became effective on September 
    1, 1992.
        In adopting the amendment, the agency explained that a study 
    focusing on child-injuring rollaway accidents in Orange County, 
    California demonstrated that injuries caused by rolling vehicles posed 
    a significant safety problem. That study uncovered nine cases of 
    children releasing the brake or moving the transmission shift lever, or 
    both, causing a parked vehicle to roll and injure the child operating 
    the controls or children near the vehicle. Even though two of the cases 
    could be discounted for the purposes of the rulemaking in question 
    because the vehicle's engine was running and there was insufficient 
    information to draw conclusions about some other situations, the study 
    did establish that the type of accident at issue was occurring.
        NHTSA explained that although the then-current Standard No. 114 did 
    not prohibit systems which permit the transmission lever to be shifted 
    when the vehicle is parked and the ignition is locked, some 
    manufacturers had voluntarily used a transmission shift lever lock that 
    precludes this possibility. The agency stated that these transmission 
    shift lever lock designs typically have two critical elements. First, 
    the transmission shift lever lock requires the transmission shift lever 
    to be in ``park'' before a person can remove the key. Second, the 
    device also prevents shifting the transmission lever from ``park'' to 
    another position once the key is removed.
        NHTSA estimated that installation of the required technology in the 
    cars and light trucks not voluntarily equipped by the rule's effective 
    date would prevent an estimated 50 to 100 child-injuring rollaway 
    accidents annually. The agency stated that these injuries could be 
    prevented at a relatively low cost.
        On February 2, 1993, Mazda submitted a petition for rulemaking 
    requesting that the agency amend the provision added by the May 1990 
    final rule. That company claimed that an amendment was needed to 
    clarify the requirement to make the compliance test procedure 
    ``objective.''
        Mazda stated that, in a December 12, 1992 letter, NHTSA had 
    notified it of an apparent noncompliance with Standard No. 114. By way 
    of explanation, the agency had sent Mazda a copy of a November 20, 1992 
    interpretation letter to Ford. That interpretation letter was a 
    response to a Ford letter written to NHTSA concerning a compliance 
    issue for certain of its keylocking systems which had been designed by 
    Mazda. In its petition, Mazda stated that it was aware of at least five 
    other manufacturers which had been informed of apparent noncompliances 
    with that same provision of Standard No. 114.
        In its November 20, 1992 interpretation letter to Ford, NHTSA 
    rejected a request by that company to interpret Standard No. 114 to 
    prevent key removal only when the transmission shift lever is in one of 
    the available gear positioning detents other than ``park,'' i.e., 
    reverse, neutral, drive, first, or second, and not when the lever is at 
    points between those detents. The agency stated that following: We 
    cannot agree with your suggested interpretation, as it is inconsistent 
    with the express language of S4.2.1. That section states that, with 
    certain exceptions not at issue, the key-locking system must prevent 
    removal of the key unless the transmission or transmission shift lever 
    is locked in ``park'' or becomes locked in ``park'' as the direct 
    result of removing the key. Stated more simply, key removal must be 
    prevented in all circumstances save those specified in S4.2.1. Neither 
    the transmission nor the transmission shift lever is locked in ``park'' 
    when the lever is between the gear selector positioning detents. 
    Therefore, under section S4.2.1, key removal must be prevented in that 
    situation, unless the transmission/transmission shift lower becomes 
    locked in ``park'' as a direct result of removing the key.
        In its petition, Mazda characterized the agency's interpretation as 
    permitting ``intentional mispositioning'' of the transmission shift 
    lever during compliance testing. That company argued that during the 
    design and development of the vehicles which are the subject of the 
    agency's December 1, 1992 letter, it never understood ``intentional 
    mispositioning'' to be a reasonable and legitimate means for testing 
    compliance with Standard No. 114. It also argued that even if it had 
    such an understanding, it is not at all clear what kind of 
    certification test procedure it would have used to assure that key 
    removal could not occur in any possible situation.
        Mazda also argued that it had reexamined the rulemaking record and 
    found nothing to indicate that ``intentional mispositioning'' of the 
    transmission shift lever was ever contemplated. In addition, Mazda 
    alleged that even if this is now believed by NHTSA to be an appropriate 
    aspect of the performance required by the standard, the absence of an 
    objective test procedure for determining compliance with the standard 
    results in a lack of objectivity and fails to satisfy the requirements 
    of the National Traffic and Motor Vehicle Safety Act.
        Mazda requested that Standard No. 114 be amended to incorporate a 
    provision that it considers to set forth an objective performance 
    requirement. The provision would specify testing with the transmission 
    level in each detent position, and moving the lever from detent 
    position to detent position using force levels specified by the 
    manufacturer.
        NHTSA rejects Mazda's claim that the existing provision in Standard 
    No. 114 is non-objective. There is nothing subjective about a 
    requirement that a key-locking system must prevent removal of the key 
    unless the transmission or transmission shift lever is locked in 
    ``park'' or becomes locked in ``park'' as the direct result of removing 
    the key. As discussed in the agency's interpretation letter, key 
    removal must be prevented in all circumstances save those specified in 
    S4.2.1.
        While the agency rejects Mazda's objectivity argument, NHTSA does 
    believe it is appropriate to address in rulemaking whether Standard No. 
    114 should be amended along the lines suggested by that company, albeit 
    for different reasons. In the preamble to the May 1990 final rule, the 
    agency stated that it believed the injuries in question could be 
    prevented at a relatively low cost to manufacturers since most vehicles 
    would already comply with the amendments. This belief was based on the 
    fact that the vast majority of vehicles with automatic transmissions 
    already had transmission locking systems or had already been scheduled 
    to have newly designed systems installed. The agency assumed that all 
    of those locking systems were or would be designed in a manner that 
    would comply with the requirements. However, it now appears that some 
    of these transmission locking systems do not comply with the 
    requirements.
        Based on agency testing of post-September 1, 1992 vehicles, the 
    agency estimates that approximately 650,000 model year 1993 passenger 
    cars and 18,000 light trucks do not meet the present requirement. For 
    the final rule, the agency estimated the consumer cost of redesigning 
    the transmission key-locking system to be $6.75 to $14.00 per vehicle. 
    Those are maximum figures that include both the situation where a 
    complying system must be installed and the situation in which an 
    existing system need only be adjusted in order to comply. In that 
    respect, those figures likely overstate costs for this rulemaking, 
    especially those applicable to an existing system needing only a minor 
    adjustment. Additionally, some manufacturers have likely modified model 
    year 1993 systems to comply with the existing requirements. Therefore, 
    the actual numbers of passenger cars and light trucks that do not now 
    meet the requirements are probably less than the estimates suggested 
    above.
        Since NHTSA did not anticipate the need for manufacturers to 
    redesign a large number of transmission locking systems, the agency 
    believes that it should consider whether it is appropriate to require 
    such redesign. This is particularly true to the extent that the 
    apparently noncomplying locking systems at issue result in essentially 
    the same child-injury prevention safety benefits as would occur if the 
    systems were redesigned to comply with the current requirement.
        As indicated above, Standard No. 114 currently requires automatic 
    transmission vehicles with a ``park'' position to have a key-locking 
    system that prevents removal of the key unless the transmission is 
    locked in ``park'' or becomes locked in ``park'' as the direct result 
    of removing the key. In other words, under the first alternative, a 
    vehicle must be designed so that the key cannot be removed when the 
    transmission shift lever or other shifting mechanism is in any position 
    other than ``park.'' NHTSA is proposing to amend Standard No. 114 to 
    instead require a key-locking system that prevents removal of the key: 
    (1) Whenever the shift lever or other shifting mechanism is fully 
    placed in the park position, unless the transmission and transmission 
    shift mechanism are locked in park or become locked in ``park'' as the 
    direct result of removing the key, and (2) whenever the shift lever or 
    other shifting mechanism is fully placed in any designated shift 
    position other than park, unless the transmission and transmission 
    shift mechanism become locked in ``park'' as the direct result of 
    removing the key. The standard would no longer address key removal when 
    the transmission shift lever is between shift positions.
        (NHTSA notes that, for nearly all current designs, the key cannot 
    be removed if the transmission shift lever is in a detent other than 
    park. However, electronic designs can be produced which permit the key 
    to be removed while the transmission is in a position such as drive and 
    then automatically move the shifting mechanism and transmission to 
    park. Both the existing language of Standard No. 114 and the proposed 
    language permit such designs.)
        The basic rationale for limiting the key-removal requirement to 
    situations where the transmission shift lever is in detent positions is 
    that drivers are unlikely to attempt to remove the key when the 
    transmission shift lever is between shift positions. As a practical 
    matter, drivers are likely to either leave the transmission in the gear 
    they had last used or attempt to put the transmission in park, before 
    attempting key removal. The only chance for mispositioning is therefore 
    in the latter situation, and the agency believes the chance for such 
    mispositioning is small. Therefore, as a practical matter, when the 
    agency decided to prohibit key removal in situations where the 
    transmission was not in park, it was essentially addressing situations 
    where the shift lever was in detent positions other than park. A more 
    complete discussion of this rationale, which addresses the transmission 
    designs currently at issue, is provided below.
        Since the key-removal requirement would be limited to situations 
    where the shift mechanism is fully placed in any designated shift 
    position, it would be necessary for the agency to specify a means for 
    determining whether the mechanism is in such position. Under the 
    proposal, a vehicle would be considered to be in ``park'' when the 
    transmission gear selection indicator shows that ``park'' has been 
    selected and the vehicle will not roll away on an incline when the 
    parking brake is disengaged. A vehicle would be considered to be in a 
    drive gear when the transmission gear selection indicator shows that a 
    drive gear has been selected and the vehicle can be moved under its own 
    power. A vehicle would be considered to be in ``neutral'' if the 
    transmission gear selection indicator shows that ``neutral'' has been 
    selected, the vehicle is stopped, and activation of the accelerator 
    pedal does not cause the vehicle to move.
        As part of assessing the safety implications of the proposed 
    amendment, it is necessary to evaluate the types of locking systems 
    that would likely be produced under it. NHTSA believes that the most 
    likely types of systems are ones like the Mazda-designed locking system 
    that was the subject of the agency's November 1992 interpretation 
    letter and the other locking systems that led the agency to issue 
    letters concerning apparent noncompliances.
        Ford and Mazda first advised the agency of a possible compliance 
    issue concerning the Mazda-designed locking system in September 1992, 
    shortly after the requirement at issue became effective. Ford advised 
    that if key removal were attempted while the transmission shift lever 
    on a large proportion of 1993 Escorts and Tracers was placed at various 
    points between the ``reverse'' and ``park'' detents, the key could be 
    removed while the selector lever was held short of engaging the 
    ``park'' detent, and without the transmission becoming locked in park. 
    Ford and Mazda also demonstrated these vehicles to NHTSA personnel. 
    These personnel found that the transmission shift lever could be moved 
    to a position where it appeared to be in ``park,'' but where in fact 
    the lever was not fully in the ``park'' position. After releasing the 
    shift lever in this position, the personnel could remove the key 
    without the transmission's becoming locked in park.
        As indicated above, in its November 1992 interpretation letter, 
    NHTSA rejected Ford's suggestion that the agency interpret Standard No. 
    114 to prevent key removal only when the transmission shift lever is in 
    one of the available gear positioning detents other than ``park.'' The 
    agency stated that its interpretation was consistent with the agency's 
    intent in promulgating S4.2.1, explaining: As discussed in several 
    rulemaking notices, NHTSA amended Standard No. 114 to prevent vehicle 
    rollaway caused by unattended children shifting the transmission lever 
    in automatic transmission vehicles. If a driver were able to remove the 
    key while the transmission or transmission shift lever were not locked 
    in park, and if the transmission or transmission shift lever did not 
    become locked in ``park'' as a result of removing the key, a child 
    might later shift the transmission shift lever, thereby causing a 
    vehicle rollaway. For this reason, we continue to believe that this 
    amendment to Standard No. 114 meets the need for motor vehicle safety.
        Subsequent to issuing the November 1992 interpretation letter, the 
    agency conducted a number of compliance tests for Standard No. 114. As 
    a result of these tests, the agency sent letters to Mazda, Ford, Honda, 
    GM, Suzuki, and Hyundai, advising that, for certain of their vehicles, 
    there was an apparent noncompliance with Standard No. 114's provision 
    requiring that key removal be prevented unless the transmission or 
    transmission shift lever is locked in park or becomes locked in park as 
    a direct result of removing the key. (Copies of the correspondence 
    between NHTSA and these manufacturers, and the compliance test reports 
    for the vehicles at issue, have been placed in the docket for this 
    NPRM.)
        For all of the vehicles for which tests showed apparent 
    noncompliances, it was possible to remove the ignition key from the 
    key-locking system when the transmission shift lever was in a position 
    between ``park'' and ``reverse,'' without the transmission becoming 
    locked in ``park'' as a result of removing the key. The circumstances 
    under which the ignition key could be removed when the transmission 
    shift lever was between ``park'' and ``reverse'' varied. For some 
    vehicles, the lever could simply be placed in a position between park 
    and reverse, the hand that controlled it removed, and the key then 
    removed. For certain of these vehicles, this happened only over a very 
    small range of lever movement when the lever was very close to the park 
    position and appeared to be in park, when in fact it was not fully in 
    the park position. For other vehicles, this condition existed for about 
    half of the range of lever movement between park and reverse.
        For another set of vehicles, key removal without the transmission 
    becoming locked in park only happened if one hand was kept on the 
    transmission lever while the key was removed with the other hand, since 
    the transmission lever would ``spring'' into park if the hand holding 
    it between the two positions was removed.
        NHTSA also notes that, while it was not a compliance issue before 
    September 1, 1993, in some cases the transmission shift lever could be 
    moved from the ``park'' position after the key was removed if the thumb 
    button on the transmission shift lever was kept depressed while the 
    shift lever was moved to the ``park'' position and the key was removed. 
    (For a discussion of this issue, see October 21, 1992 interpretation 
    letter to Transportation Research Center, Inc., which has been placed 
    in the docket for this NPRM.)
        With respect to the problem of child-induced rollaway, the safety 
    consequences of permitting these types of apparently noncomplying 
    systems are dependent on the likelihood that drivers would, in fact, 
    remove the key in a manner that the transmission would not be locked in 
    park after such removal. If the existing requirement is complied with, 
    removal of the ignition key gives absolute assurance that the 
    transmission is (or will become) locked in ``park'' and that vehicle 
    movement will not occur as a result of the shift lever being moved. If 
    the proposed requirement is complied with, removal of the ignition key 
    while the transmission shift lever is fully placed in any designated 
    shift position would give the same assurance that the transmission is 
    (or will become) locked in ``park,'' but the requirement would no 
    longer prohibit key removal in the circumstance when the lever is 
    between detents. NHTSA is not aware of any specific reported crashes 
    that would be relevant to permitting these systems.
        For some of the vehicles tested by the agency, deliberate action by 
    the driver appears to be necessary in order to remove the key without 
    the transmission becoming locked in ``park.'' Such action is necessary 
    where the driver must either hold the shift lever between ``park'' and 
    ``reverse'' with one hand while removing the key with the other hand, 
    or keep the thumb button depressed on the shift lever while removing 
    the key. NHTSA tentatively concludes that there is no basis to believe 
    that drivers would deliberately make such efforts to defeat the 
    transmission shift lock. Therefore, the agency believes that permitting 
    such systems would have no safety consequences, and that the existing 
    requirement is unnecessarily design-restrictive with respect to these 
    systems.
        For other of the vehicles tested by the agency, it is possible that 
    a driver might inadvertently remove the key without the transmission 
    becoming locked in ``park.'' This could happen, for example, if the 
    driver moved the lever so that it appeared to be in ``park'' but was in 
    fact short of the full ``park'' position.
        However, in order for such systems to result in any adverse safety 
    consequences related to child-induced rollaway, it would be necessary 
    both for the driver to inadvertently fail to place the lever fully in 
    the ``park'' position and for a child to then play with the lever and/
    or the parking brake in a way that creates a rollaway. NHTSA believes 
    that either event would occur only very rarely and has tentatively 
    concluded that the possibility of both events occurring together is 
    minuscule. Therefore, the agency does not believe that it is necessary 
    to address this remote possibility in a safety standard.
        NHTSA notes that its safety standards are intended to address 
    unreasonable safety risks and not all conceivable risks no matter how 
    remote. The agency believes that its proposal is consistent with other 
    actions that it has taken in this area. For example, while NHTSA 
    decided in the May 1990 final rule to require transmission shift locks 
    for automatic transmission vehicles, it also decided, based on a review 
    of accident data, not to require such locks for manual transmission 
    vehicles. This did not mean that there was no conceivable risk of 
    child-induced rollaways for manual transmission vehicles, but instead 
    that the risk was sufficiently small that the agency did not believe it 
    was necessary to address in a safety standard. Similarly, in June 1990, 
    NHTSA denied a petition for rulemaking submitted by Mr. W. A. Barr 
    requesting that the agency issue requirements to address inadvertent 
    vehicle movement associated with shifting automatic transmissions into 
    ``park,'' in part because of lack of evidence that the extent of the 
    alleged problem was great enough to warrant Federal intervention.
        NHTSA is also proposing to amend the Purpose and Scope section of 
    Standard No. 114 to clarify that the purpose of the requirements at 
    issue is to reduce the incidence of crashes resulting from the rollaway 
    of parked vehicles with automatic transmissions as a result of children 
    moving the shift mechanism out of the ``park'' position. That section 
    currently indicates that the purpose of the requirements is to reduce 
    the incidence of crashes resulting from rollaway of parked vehicles.
        NHTSA contemplates making the proposed amendments effective 30 days 
    after publication of a final rule. The agency tentatively concludes 
    that there is good cause for such an effective date, since the 
    amendments would impose no new requirements but instead provide 
    additional flexibility to manufacturers with no measurable impact on 
    safety.
    
    Rulemaking Analyses and Notices
    
    Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        NHTSA has considered the impacts of this rulemaking action under 
    Executive Order 12866 and the Department of Transportation's regulatory 
    policies and procedures. This action has been determined to be not 
    ``significant'' under either. As explained above, the proposed 
    amendments would impose no new requirements but instead provide 
    additional flexibility to manufacturers, with respect to transmission 
    shift lock designs, with no measurable impact on safety. Also as stated 
    above, the agency estimates the annual consumer cost savings of 
    adopting the proposed amendment to be a maximum of $6.75 to $14.00 per 
    affected vehicle. Accordingly, a full regulatory evaluation is not 
    required.
    
    Regulatory Flexibility Act
    
        NHTSA has also considered the effects of this regulatory action 
    under the Regulatory Flexibility Act. I hereby certify that this 
    proposal, if adopted as a final rule, would not have a significant 
    economic impact on a substantial number of small entities. The vehicle 
    manufacturers affected by the proposed requirements would not typically 
    qualify as small businesses. Further, since no price changes should be 
    associated with this proposal, small businesses, small organizations 
    and small governmental entities would not be affected in their capacity 
    as purchasers of new vehicles if this proposal were adopted in a final 
    rule.
    
    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 a significant impact on the quality of human 
    life.
    
    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.
    
    Civil Justice Reform
    
        This proposed rule would not have any retroactive effect. Under 
    section 103(d) of the National Traffic and Motor Vehicle Safety Act 
    (Safety Act; 15 U.S.C. 1392(d)), 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. Section 105 of the 
    Safety Act (15 U.S.C. 1394) 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.
    
    Public Comments
    
        Interested persons are invited to submit comments on the 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 
    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 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 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 it is recommended that interested persons 
    continue to examine the docket for new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules 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 571
    
        Imports, Incorporation by reference, Motor vehicle safety, Motor 
    vehicles, Rubber and rubber products, Tires.
    
        In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
    571.114, Theft Protection, to read as follows:
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. The authority citation for part 571 would continue to read as 
    follows:
    
        Authority: 15 U.S.C. 1392, 1401, 1403, 1407; delegation of 
    authority at 49 CFR 1.50.
    
    
    Sec. 571.114  [Amended]
    
        2. Section 571.114 would be amended by revising S1 and S4.2.1 to 
    read as follows:
    
    
    Sec. 571.114  Standard No. 114, Theft protection.
    
        S1 Purpose and Scope. This standard specifies requirements 
    primarily for theft protection to reduce the incidence of crashes 
    resulting from unauthorized operation of a motor vehicle. It also 
    specifies requirements to reduce the incidence of crashes resulting 
    from the rollaway of parked vehicles with automatic transmissions as a 
    result of children moving the shift mechanism out of the ``park'' 
    position.
    * * * * *
        S4.2.1(a) Except as provided in S4.2.2(a) and (b), the key-locking 
    system required by S4.2 in each vehicle which has an automatic 
    transmission with a ``park'' position shall prevent removal of the 
    key--
        (1) Whenever the shift lever or other shifting mechanism is fully 
    placed in any designated shift position other than park, unless the 
    transmission and transmission shift mechanism become locked in ``park'' 
    as the direct result of removing the key, and
        (2) Whenever the shift lever or other shifting mechanism is fully 
    placed in the park position, unless the transmission and transmission 
    shift mechanism are locked in park or become locked in ``park'' as the 
    direct result of removing the key.
        (b) The following procedure is used for determining whether the 
    shift lever or other shifting mechanism is fully placed in a designated 
    position. The lever or other shifting mechanism is moved to a 
    designated position and physical contact with the lever or other 
    shifting mechanism is ended. The lever or other shifting mechanism is 
    considered to be fully placed in the ``park'' position if the 
    transmission gear selection indicator shows that ``park'' has been 
    selected and the vehicle will not roll away on a 10 percent grade when 
    the parking brake is disengaged. The lever or other shifting mechanism 
    is considered to be fully placed in the ``neutral'' position if the 
    ``neutral'' position is selected, the transmission gear selection 
    indicator shows that ``neutral'' has been selected, and activation of 
    the accelerator pedal does not cause the vehicle to move. The lever or 
    other shifting mechanism is considered to be fully placed in a forward 
    or reverse drive position if the transmission gear selection indicator 
    shows that a drive position has been selected and the vehicle can be 
    driven under its own power. For purposes of S4.2.1, rollaway is 
    movement of a vehicle greater than 100 mm.
    * * * * *
        Issued on March 4, 1994.
    Barry Felrice,
    Associate Administrator for Rulemaking.
    [FR Doc. 94-5487 Filed 3-11-94; 8:45 am]
    BILLING CODE 4910-59-M
    
    
    

Document Information

Published:
03/14/1994
Department:
National Highway Traffic Safety Administration
Entry Type:
Uncategorized Document
Action:
Notice of Proposed Rulemaking (NPRM).
Document Number:
94-5487
Dates:
Comments must be received on or before May 13, 1994. The proposed amendments would become effective 30 days after publication of a final rule in the Federal Register.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 14, 1994, Docket No. 1-21, Notice 12
RINs:
2127-AE99
CFR: (1)
49 CFR 571.114