[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Rules and Regulations]
[Pages 27233-27239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12555]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 94]
RIN 2127-AF30
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration. (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule allows manufacturers the option of installing
a manual device that motorists could use to deactivate the front
passenger-side air bag in vehicles in which infant restraints can be
used in the front seat only. The affected vehicles are passenger cars
and light trucks without rear seats and vehicles with rear seats that
are too small to accommodate typical rear-facing infant restraints and
convertible infant restraints used in the rear-facing mode (hereafter
referred to as ``typical rear-facing infant restraints''). The
deactivation device is needed because when rear-facing infant
restraints are used in the front seats of dual air bag vehicles, they
extend forward to a point near the dashboard where they can be struck
by a deploying air bag. Testing has shown this to have the potential
for serious injury to infants. The ability to deactivate the passenger
air bag will allow parents to safely use rear-facing infant restraints
in the front seat of these vehicles. The need for the deactivation
device is steadily growing because manufacturers are beginning to
install, and soon will be required to install, passenger-side air bags
in all passenger cars and light trucks.
DATES: Effective Date: The amendments made in this rule are effective
June 22, 1995.
Petition Date: Any petitions for reconsideration must be received
by NHTSA no later than June 22, 1995.
ADDRESSES: Any petitions for reconsideration should refer to the docket
and notice number of this notice and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Mr. Daniel Cohen, Chief, Frontal Crash Protection Division, Office of
Vehicle Safety Standards, NRM-12, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, DC 20590.
Telephone: (202) 366-2264.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 1994, NHTSA published a notice of proposed rulemaking
(NPRM) which proposed to allow manufacturers the option of installing a
manual device (hereafter referred to as a ``cutoff device'') that
motorists could use to deactivate the front passenger air bag in a
vehicle without rear seats for the purpose of allowing them to safely
use rear-facing infant restraints in the front seat (59 FR 51158).
NHTSA issued the NPRM because one particular type of child restraint,
i.e., a rear-facing infant restraint, should not be placed in the front
seat of a vehicle equipped with a passenger air bag. This poses a
problem because manufacturers are beginning to install, and soon will
be required to install, passenger air bags in vehicles.
While NHTSA had taken a number of steps to warn parents of air bag/
infant restraint interaction problems, members of the American
Automobile Manufacturers Association (AAMA) indicated a need for
further action in a meeting with NHTSA on January 24, 1994.\1\ AAMA
asked for the meeting to explore the possibility of installing an air
bag cutoff device to allow rear-facing infant restraints to be placed
in air bag-equipped passenger seating positions. AAMA representatives
discussed the general concept of an air bag cutoff device, which could
be either automatic or manual. However, the representatives emphasized
that the industry is not quite ready to install automatic devices
because automatic cutoff technology is not yet ready for production. At
the meeting, AAMA asked whether [[Page 27234]] Standard No. 208 would
permit such devices and, if not permitted, whether the agency would
consider initiating rulemaking to permit such devices. As explained in
the October 7 NPRM, NHTSA decided to propose to allow manufacturers to
install a manual cutoff device because of concerns that its warnings
about the use of rear facing infant restraints are of little avail when
a parent must transport his or her infant in a vehicle that is
physically unable to accommodate a child any place other than the front
seat.
\1\ A complete description of various steps NHTSA has taken to
address this problem can be found in the October 7 notice.
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The October 7 NPRM proposed to allow the use of manual cutoff
devices in vehicles with no rear seats, subject to certain conditions.
If installed, the device could only be operable by using the ignition
key and the device would have to be separate from the ignition switch.
Once turned off, the air bag would have to remain off until reactivated
using the ignition key. The agency also proposed requiring a yellow
warning light that was capable of several levels of brightness and bore
the identifying words ``AIR BAG OFF'' to inform vehicle occupants that
the passenger side air bag was off. The warning light could not be
combined with the vehicle's air bag readiness indicator. The vehicle
owner's manual would have to contain complete instructions regarding
the operation of the cutoff device, including warnings about the safety
consequences of misuse. Finally, the device would only have been
allowed for approximately two years to encourage the orderly
development and introduction of automatic cutoff devices.
The agency received 15 comments on the October 7 NPRM. Commenters
included three automobile manufacturers (Ford, Mazda, and Volvo),
GenCorp Aerojet (an equipment manufacturer), Advocates for Highway and
Auto Safety (Advocates), the American Academy of Pediatrics (AAP), the
AAMA, the Automotive Occupant Restraints Council (AORC), the Insurance
Institute for Highway Safety (IIHS), the National Automobile Dealers
Association (NADA), SafetyBeltSafe U.S.A., the Wisconsin Department of
Transportation (DOT), and three private citizens. In general, all
commenters supported the proposal. Automobile manufacturers and the
AAMA believed a number of the conditions in the NPRM were too
restrictive. Safety groups premised their support on the conditions
that NHTSA had proposed placing on manual cutoff devices and on the
limited time during which they would be allowed. All of these comments
were considered by the agency in formulating this final rule, and the
most significant comments are addressed below.
Affected Vehicles
NHTSA proposed to allow, but not require, manual cutoff devices
only in passenger cars and light trucks which do not have forward-
facing rear seats. NHTSA stated that it did not believe that manual
cutoff devices should be allowed in vehicles which can accommodate a
rear-facing infant restraint in the rear seat, because, even in
vehicles without air bags, NHTSA recommends the rear seat as the
optimum location for any child restraint.
Five commenters (Mazda, AAMA, NADA, and the private citizens) asked
NHTSA to allow manual cutoff devices in all vehicles, since parents
often prefer to place infants in the front seat even when a rear seat
is available. Two commenters (Ford and AAMA) said that NHTSA should
also allow the manual cutoff device in vehicles with rear seats that
are too small to accommodate a rear-facing infant restraint. Two other
commenters (Mazda and Advocates) explicitly discussed inadequate rear
seats, and one additional commenter (IIHS) implicitly discussed
inadequate rear seats. The Wisconsin DOT asked NHTSA to also allow
manual cutoff devices in police vehicles. Advocates and IIHS supported
the proposal.
With the exception of including vehicles with a rear seat which is
too small to accommodate a typical rear-facing infant restraint, NHTSA
is not expanding the class of vehicles that are permitted to have a
manual cutoff device. NHTSA does not believe that it should allow all
vehicles to have a manual cutoff device to accommodate parental
preference for placement in the front seat. If any child seat can be
placed in a rear seat, that is the safest position.
As explained previously, two commenters (Ford and AAMA) said that
NHTSA should also allow the manual cutoff device in vehicles with rear
seats that are too small to accommodate a rear-facing infant restraint.
One commenter (Advocates) said that NHTSA should not allow the manual
cutoff device in such vehicles as a rear-facing infant seat can be
accommodated even if the seat is too small for an adult.
In response to these comments, NHTSA examined whether there were
vehicles that had inadequate rear seats \2\ and thus should be allowed
to have a cutoff switch. As stated in the NPRM, NHTSA intended to allow
the cutoff switch whenever a rear-facing infant restraint could not be
accommodated in the rear seat of a vehicle. NHTSA examined this issue
to determine the consistency of that stated intent and its tentative
conclusion that the only vehicles in this category were vehicles
without rear seats. NHTSA obtained dimensional information on rear seat
occupant space and rear-facing infant restraints. After examining rear-
facing infant restraint sizes and rear seat geometries, NHTSA concluded
that some rear-facing infant restraints will not fit in some vehicles
under certain conditions. A complete discussion of NHTSA's research and
methodology can be found in a document titled ``Evaluation of Infant
Seat Fit in Passenger Cars and Light Trucks'' which NHTSA has placed in
the docket for this notice.
\2\ By ``inadequate rear seat,'' the agency is referring to
seats which do not have sufficient fore-and-aft clearance to
accommodate typical rear-facing infant restraints.
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Based on the results presented in that document, NHTSA has modified
this rule to allow the installation of a cutoff device in any vehicle
with less than 720 millimeters between the rearward surface of the
front seat back and the forward surface of the rear seat back, measured
longitudinally in a horizontal line tangent to the highest point of the
rear seat bottom, and with the front seat in its mid-track fore-and-aft
adjustment position. NHTSA estimates that this provision will allow
approximately 27 percent of all passenger cars to have a cutoff device.
NHTSA considered using alternative dimensions for identifying
inadequate rear seats. For example, the agency considered using other
front seat adjustment positions. If the agency used the full forward
position, fewer vehicles would be classified as having inadequate rear
seats. However, that result would be based on an unrealistic position
for the front seat. Many adults could not use the front seat
comfortably in the full-forward position. Alternatively, the agency
could have used the full rear position. That adjustment position would
allow the largest adults to sit comfortably in the front seat. However,
it would also have increased the number of vehicles classified as
having an inadequate rear seat. The mid-track position, which is used
for other Standard No. 208 testing, was chosen as a compromise.
The agency also considered alternative values to represent the
length of rear-facing infant restraints. The agency selected the
average length of the child seats NHTSA measured. By choosing this
measurement, the agency is ensuring that the vehicles which do not have
a cutoff device for the [[Page 27235]] passenger side air bag are those
that have a rear seat large enough to give parents a fairly wide choice
of restraints, including convertible restraints, which will fit in the
rear seat.
While police vehicles could use a manual cutoff device to avoid
interactions with communications and police equipment, NHTSA is not
allowing installation of the device. To keep law enforcement and police
equipment manufacturers informed, Ford and General Motors met with
groups and associations to prepare them for the installation of
passenger side air bags. Ford and General Motors recommend that
equipment not be mounted within the air bag deployment area. Many
equipment manufacturers now produce smaller, more compact police
equipment and mounting devices to facilitate this.
In October 1993, NHTSA, the International Association of Chiefs of
Police, and the Law Enforcement Television Network (LETN), in
conjunction with Ford and General Motors, conducted a seminar, ``Dual
Air Bags: Where Do I Put My Equipment?,'' to explain the deployment
area and safety benefits of passenger side air bags. This seminar was
videotaped by LETN and broadcast at least 25 times. Additionally, NHTSA
duplicated copies of the videotape for dissemination throughout the
nation. Because other means are available to avoid air bag/equipment
interaction, NHTSA is not allowing the installation of the manual
cutoff device in police vehicles.
Phase-Out of Manual Cutoff Devices
In the NPRM, NHTSA tentatively concluded that the installation of
manual cutoff devices should not be permitted indefinitely. The agency
also tentatively concluded that vehicles with air bags having manual
cutoff devices should not be counted toward compliance with the phase-
in for air bags. Further, the agency said that manual cutoff devices
should be prohibited in all passenger cars manufactured on or after
September 1, 1997, and all light trucks manufactured on or after
September 1, 1997, and all light trucks manufactured on or after
September 1, 1998. These are the dates on which 100 percent compliance
is required by 49 U.S.C. 30127. To implement these proposals, NHTSA
proposed to amend S4.1.5.1(b)'s definition of an ``inflatable restraint
system,'' a term used in the paragraphs relating to the air bag
requirements, to state that it does not include an air bag that can be
deactivated by a manual cutoff device. NHTSA stated that it believed
this several year period would give manufacturers time to develop and
introduce automatic cutoff devices.
Five commenters (Ford, Mazda, AAP, AAMA and a private citizen)
expressed concern that automatic cutoff devices might not be available
before the end of the period in which manual cutoff devices would be
allowed. Four commenters (GenCorp, Advocates, AORC, and IIHS) expressed
confidence that automatic cutoff devices would be available before the
end of this time period.
NHTSA is not extending the time period in which manual cutoff
devices would be allowed. First, one of the commenters which expressed
confidence that automatic cutoff devices would soon be available was
GenCorp, a company which develops such devices. Another, AORC, is an
organization whose member companies (equipment manufacturers, some of
whom develop such devices) ``are confident that satisfactory automatic
solutions will be successfully developed on a timely basis.'' Second,
in the discussion of automatic devices in many of the comments, it is
clear that the vehicle manufacturers were discussing more sophisticated
sensors, i.e., one that would deactivate the air bag in a number of
situations, not just when a rear-facing infant seat is present.
Two commenters, AAMA and Ford, asked for confirmation that an LTV
with a driver's air bag, and a passenger side air bag with a manual
cutoff device would quality for the ``one truck credit'' and the ``1.5
truck credit'' during the phase-in periods for the automatic protection
and mandatory air bag requirements. The ``one truck credit'' permits
light trucks equipped with an air bag for the driver and a manual lap/
shoulder belt for the front passenger to count as one truck towards the
phase-in requirements for both automatic protection and mandatory air
bags. The ``1.5 truck credit'' permits light trucks equipped with an
air bag for the driver and some type of automatic protection for the
front passenger to count as 1.5 trucks towards the phase-in
requirements for automatic protection only.
With regard to the ``one truck credit,'' these commenters are
correct. Since a vehicle with a driver's air bag would qualify for
credit as one vehicle toward both the automatic protection requirement
and the mandatory air bag requirement with a manual belt system alone,
it would also qualify for the credit if equipped with a voluntarily-
installed air bag with a manual cutoff device, presuming the vehicle
had a manual belt on the passenger side.
With regard to the ``1.5 truck credit'' during the automatic
restraint phase-in, NHTSA has decided that a vehicle with a passenger
air bag equipped with a manual cutoff device should quality for this
credit. While such a system does not provide the equivalent level of
automatic protection to the passenger as an air bag without a cutoff
device, NHTSA believes that it provides a greater level of occupant
protection than a manual lap/shoulder belt alone, and warrants
additional credit. No change in the regulatory text is required to
allow this credit as the amended definition of ``inflatable restraint''
does not apply to S4.1.2.1(a), the section the passenger seating
position must comply with to qualify for the credit.
Means of Activation
NHTSA proposed to require the use of the ignition key to activate
the cutoff device. NHTSA believed this requirement would make the
device simple and easy to use, but still require conscious thought and
deliberate action on the part of the user. In addition, it would also
place control of the device in the hands of the driver, thereby
minimizing the likelihood of accidental or inappropriate activation.
IIHS said that the device should not be activated by the ignition
key, but that NHTSA should require a means to prevent inadvertent
activation (i.e., shielded switches). AAMA and Ford asked the agency to
delete the word ``only'' to permit ``other ignition keys similar but
not identical to the ignition key.'' Ford expressed its believe that
alternate means of activation would not be so effective in meeting
NHTSA's goals. Mazda stated that it believed it would be sufficient to
require a means to prevent inadvertent activations without specifying
the use of the ignition key.
After reviewing these comments, NHTSA has decided to retain the
requirement that the cutoff device be activated by an ignition key,
though not requiring it to be an identical ignition key. NHTSA believes
that this addresses IIHS's concern that, if a parent forgot to turn off
the air bag prior to starting the car, they would be unlikely to turn
off the car to deactivate the air bag, leaving an infant at risk if the
air bag deployed. NHTSA does not believe that Mazda's suggestion is
appropriate, since there is no objective means of determining that
inadvertent activation is not likely.
As explained in AAMA's comment, the use of the identical ignition
key would require cutoff devices ``to be equipped with lock tumblers
and manufactured and stocked in the many key combinations used to deter
vehicle [[Page 27236]] theft.'' AAMA believed this would increase the
risk that the driver would be unable to deactivate the air bag, either
because non-matching lock tumblers were installed at the factory, or
because the ignition lock was replaced with a non-matching key
cylinder. Deleting the word ``only'' from the regulatory text will
allow manufacturers to install a lock on the cutoff device which has
fewer tumblers than the locks used in ignitions. While the ignition key
will operate both the ignition and the cutoff device, manufacturers
will also be able to provide a separate key which operated only the
cutoff device.
Air Bag Reactivation
NHTSA proposed to require that manual cutoff devices be designed so
that, once the cutoff device has been used to deactivate the air bag,
the air bag will remain deactivated until it is manually reactivated by
means of the cutoff device. NHTSA requested comments on whether it
should, in the alternative, require that the air bag be automatically
reactivated when the vehicle is turned off. NHTSA explained that its
ultimate decision would be based on weighing the relative risks to
infants who might be placed in the front seat when the air bag is
activated against the risks to adults who might ride in the passenger
seat while the air bag is not activated.
In its preliminary estimate of those relative risks, the agency
estimated that 1,050 air bag deployments a year will occur in pickup
trucks and two-seater vehicles when a front passenger seat is occupied
by an infant in a rear-facing infant seat. The level of the injuries
resulting from these deployments are uncertain, but may well be severe.
Conversely, the agency estimated that failure to reactivate the air bag
for the benefit of non-infant passengers, would result in approximately
3 occupants who are at least one year old receiving AIS 2-5
(survivable) injuries. In addition, 1-3 fatalities and 23-32 additional
injuries could occur each year as a result of deliberate misuse. Based
on these estimates, the agency believed that the number of infants who
would avoid potentially serious injury far exceeds the number of non-
infants who might be injured.
Five commenters (Ford, Volvo, AAP, AAMA, and IIHS) agreed with
NHTSA's proposal. Two commenters (Advocates and AORC) stated that NHTSA
should require automatic reactivation of the air bag. NADA suggested
that NHTSA could require automatic reactivation if the cutoff device
did not incorporate a warning light.
NHTSA has decided to adopt the manual reactivation requirement.
NHTSA believes that all air bags should be reactivated in the same way.
No commenter provided specific data to refute the analysis NHTSA made
in the NPRM which resulted in the tentative conclusion to propose
manual reactivation. Adult passengers will be able to see the warning
light, and will be informed if the air bag is not activated. In
addition, such passengers will receive significant safety protection by
wearing lap/shoulder belts. AAP suggested that NHTSA require
information in the owner's manual recommending that parents educate
non-infant, non-literate children of the function of the warning light
so that they will also be aware of the need to remind the driver to
turn the air bag on. While NHTSA is not requiring such information in
the owner's manual, NHTSA agrees that it would be a good practice.
Warning Light
NHTSA proposed requiring that there be a telltale light on the
dashboard that is clearly visible from both the driver and front
passenger seating positions and that is illuminated whenever the
passenger air bag has been deactivated by means of the cutoff device.
This light would be separate from the air bag readiness indicator
already required by Standard No. 208. NHTSA proposed that the color of
the telltale be yellow, with the words ``AIR BAG OFF'' clearly visible
on the telltale when the passenger side air bag has been deactivated.
Two commenters (Ford and AAMA) asked NHTSA to allow the telltale to
have one brightness level. Ford also asked the agency to allow either
the words ``AIR BAG OFF'' OR ``OFF'' on the telltale, Advocates asked
the agency to require the words ``WARNING, AIR BAG OFF'' on the
telltale. Mazda asked the agency to permit the telltale to be combined
with the readiness indicator. AORC, which supported automatic
reactivation of the air bag, asked the agency to require a telltale
which warned of the possible need to deactivate the air bag. Volvo
suggested that the agency should require a telltale if a vehicle is
equipped with an automatic cutoff device. Finally, SafetyBeltSafe said
the agency should require the telltale to indicate both when the air
bag is ``off'' and when it is ``on.''
After reviewing these comments, NHTSA is modifying the warning
light requirement only to allow one level of brightness and to permit
the words ``AIR BAG OFF'' to be either on the telltale or adjacent to
the telltale. Other telltales are allowed to have only one level of
brightness. NHTSA believes that having the words ``AIR BAG OFF''
adjacent to the telltale will be as effective a means of informing the
driver or passenger of the purpose of the telltale as words on the
telltale itself. NHTSA is not adding the word ``WARNING'' because NHTSA
believes that drivers are aware that the purpose of a telltale is to
warn them of a condition that may require immediate attention.
Air Bag Readiness Indicator
Currently, S4.5.2 of FMVSS No. 208 requires that every vehicle
equipped with an air bag also be equipped with an air bag readiness
indicator that informs the driver about the operational status of the
air bag system. As explained in the NPRM, NHTSA is not aware of any
manufacturer which complies with this requirement by installing
separate readiness indicators, one for the driver air bag and another
for the passenger air bag. Therefore, NHTSA proposed to amend S4.5.2 to
limit the operation of a single readiness indicator when the cutoff
device is ``on'' so that the indicator monitors only the air bag that
is not deactivated, i.e., the driver air bag. When the cutoff device is
``off,'' the passenger air bag would be activated, and the readiness
indicator would monitor the readiness of both the driver air bag and
the passenger air bag.
Advocates stated that NHTSA should require separate readiness
indicators for each air bag. Volvo asked the agency to standardize the
``design, locations and identification'' of readiness indicators.
NHTSA is not modifying the proposed change to the readiness
indicator requirements. NHTSA does not believe it is necessary to
require a separate indicator since the warning light, in effect, acts
as a readiness indicator for the passenger air bag. NHTSA is also not
aware of any safety need to specify the readiness indicator
requirements in greater detail as requested by Volvo.
Testing
AAMA asked the agency to specify that compliance testing of the
passenger air bag in a vehicle with a manual cutoff device would be
done only with the air bag activated. NHTSA has added explicit language
to that effect in the regulatory language.
Costs
In the NPRM, NHTSA estimated the per vehicle price for a passenger
air bag cutoff device to be $10.15. Ford commented that its ``manual
deactivation system is several times the [[Page 27237]] agency's
estimated consumer cost, even without the photocell dimming feature
which the agency estimates would cost another $5.00.''
Ford did not provide any documentation to substantiate its claim
that the real cost was several times what the agency estimated.
Therefore, NHTSA does not have any basis for re-examining its estimate.
Since the agency is not requiring more than one level of brightness,
the cost is estimated to be $4.86. In any event, the agency is not
requiring such devices; thus, any cost is associated with voluntary
installation.
Owner's Manual
NHTSA also proposed to require that manufacturers include
information concerning the cutoff device in the owner's manual. NHTSA
did not propose specific language which must be included in the owner's
manual. NHTSA proposed to require the owner's manual to include
instructions on the operation of the cutoff device, a statement that
the cutoff device should only be used when a rear-facing infant
restraint is installed in the front passenger seating position, and a
warning about the safety consequences of using the cutoff device at
other times.
These requirements have been included in the final rule since no
commenter disagreed with any aspect of the owner's manual requirement.
Labels
Currently, Standard No. 208 requires that, by September 1, 1994,
air bag-equipped vehicles will bear a label on the sun visor that
warns, in part:
Do not Install Rearward-Facing Child Seats in any Front Passenger Seat
Position
Also, Standard No. 213 has been amended to require either of the
following labels on rear-facing infant seats or on child restraints
that can be converted for use in a rear-facing infant mode:
Warning--Place This Restraint in a Vehicle Seat That Does Not Have an
Air Bag
or
Warning--When Your Baby's Size Requires That This Restraint be Used so
That Your Baby Faces the Rear of the Vehicle, Place the Restraint in a
Vehicle Seat That Does Not Have an Air Bag
The first warning is to be used for child seats that are rear-
facing only, and the second warning is to be used for infant seats that
covert from forward-facing to rear-facing.
In the NPRM, NHTSA tentatively concluded that the language of these
labels did not need to be amended.
Ford and AAMA asked the agency to amend the sun visor label to add
a phrase like, ``unless the passenger air bag is turned off.'' Because
it agrees that some motorists may be confused by this message if the
vehicle has a manual cutoff device, NHTSA is amending the vehicle label
requirements for vehicles equipped with manual cutoff devices. However,
NHTSA is not adopting the specific language requested by Ford. Ford's
language is predicated on a design which incorporates a switch with an
on and off position, as Ford's design does. NHTSA is concerned that
this design-based wording could be confusing if other vehicle
manufacturers used designs differing from Ford's.
Automatic Cutoff Devices
As discussed in the NPRM, NHTSA concluded that Standard No. 208
currently allows automatic cutoff devices. NHTSA requested comments on
whether the agency should regulate automatic cutoff devices.
Specifically, NHTSA requested comments on whether any or all of the
proposals in the NPRM relating to warning lights, readiness indicators,
owner's manuals, and labels should also apply to vehicles equipped with
automatic cutoff devices.
Only one commenter, Volvo, believed that some aspects of this final
rule should also apply to automatic cutoff devices. In addition, Volvo
expressed concern that, contrary to NHTSA's belief, some automatic
cutoff devices may deactivate the air bag during the Standard No. 208
compliance test. NHTSA is deferring any decision on regulations for
automatic cutoff devices until there is further information on how, and
under what circumstances, such devices would operate.
Blue Ribbon Panel on Child Restraints
In the NPRM, NHTSA described a number of activities the agency has
taken to inform consumers on proper use of child restraints. While this
notice has discussed one reason why parents may not be able to use a
child restraint correctly (i.e., insufficient fore-aft clearance to
place the child restraint in the rear seat), improper installation can
result from other factors.
On February 13, 1995, the agency announced the information of a
``blue ribbon panel'' to further address the issue of how child
restraints can be made easier to install and use. The panel was asked
to present its recommendations by June 1, 1995.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and the Department of Transportation's regulatory policies
and procedures. This rulemaking document was reviewed 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.
The agency estimates that the consumer cost of the voluntarily
installed manual cutoff device is $4.86. The $5.00 light sensor is not
required in the final rule and the $5.15 for the cutoff device was
wrong in the October 7, 1994 NPRM. The $5.15 included $0.29 for a
placard label that the agency decided not to propose. The Preliminary
Regulatory Evaluation included the correct estimate of $4.86 (1993
dollars).
The agency has revised its estimates of the number of air bag
deployments per year when a front passenger seat is occupied by an
infant in a rear-facing infant restraint in pickup trucks or two-seater
vehicles to be 793. The agency also estimates that the number of
similar deployments in other vehicles with less than 720 millimeters of
rear seat space that would be eligible for a manual cutoff device is
845. Thus, the total deployments per year in vehicles that would be
eligible for a manual cutoff device when the front passenger seat is
occupied by an infant in a rear-facing infant restraint is estimated to
be 1,638. These estimates assume that the front seat positions continue
to be used by infants in vehicles with air bags and they are used by
infants in vehicles without air bags, and that the warning labels are
not effective in changing people's behavior. The level of injuries from
these deployments are uncertain, but may well be severe.
In an effort to assess the potential for safety trade-offs
resulting from the failure to reactivate the air bag after it has been
deactivated for an infant, the agency estimates that only 1.3 percent
of the vehicles permitted to have a cutoff device would be carrying an
infant. If one assumes for the purpose of analysis that 10 percent of
these were not reactivated, approximately 14 older occupants may
receive AIS 2-5 (survivable) injuries. In addition, for every one
percent of the vehicles in which the air bag is deliberately
deactivated, 3 fatalities and 100-111 AIS 2-5 injuries would occur
annually. Since the agency believes that the percentage of vehicles in
which the air bag is inadvertently left off or
[[Page 27238]] deactivated would be fairly small, the number of infants
who would avoid potentially serious injury far exceed the number of
non-infants who might be injured.
A final regulatory evaluation has been prepared for this
rulemaking. A more detailed explanation of the costs and benefits can
be found in that document.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this final 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 explained above, NHTSA does not anticipate a significant
economic impact from this rulemaking action.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (P.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.
Civil Justice Reform
This final rule does 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 in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, 49 CFR Part 571 is amended as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 of Title 49 continues to
read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.208 is amended by revising sections S4.1.5.1(b),
S4.5.1(b)(1), and S4.5.2 and adding new sections S4.5.4 and S4.5.4.1
through S4.5.4.4 and S8.4, to read as follows:
Sec. 571.208 Standard No. 208, Occupant Crash Protection.
* * * * *
S4.1.5.1 Front/angular automatic protection system.
* * * * *
(b) For the purposes of sections S4.1.5 through S4.1.5.3 and
S4.2.6 through S4.2.6.2, an inflatable restraint system means an air
bag that is activated in a crash, other than an air bag that can be
deactivated by a manual cutoff device permitted by S4.5.4 of this
standard.
* * * * *
S4.5.1 Labeling and owner's manual information.
* * * * *
(b) Label on sun visor above front outboard seating positions
equipped with inflatable restraint.
(1) Each vehicle manufactured on or after September 1, 1994,
shall comply with either S4.5.1(b)(1)(i) or S4.5.1(b)(1)(ii).
(i) Each front outboard seating position that provides an
inflatable restraint shall have a label permanently affixed to the
sun visor for such seating position on either side of the sun visor,
at the manufacturer's option. Except as provided in S4.5.1(b)(3),
this label shall read:
CAUTION
TO AVOID SERIOUS INJURY:
For maximum safety protection in all types of crashes, you must
always wear your safety belt.
Do not install rearward-facing child seats in any front passenger
seat position.
Do not sit or lean unnecessarily close to the air bag.
Do not place any objects over the air bag or between the air bag and
yourself.
See the owner's manual for further information and explanations.
(ii) If the vehicle is equipped with a cutoff device permitted
by S4.5.4 of this standard, each front outboard seating position
that provides an inflatable restraint shall have a label permanently
affixed to the sun visor for such seating position on either side of
the sun visor, at the manufacturer's option. This label shall read:
CAUTION
TO AVOID SERIOUS INJURY:
For maximum safety protection in all types of crashes, you must
always wear your safety belt.
Do not install rearward-facing child seats in any front passenger
seat position, unless the air bag is off.
Do not sit or lean unnecessarily close to the air bag.
Do not place any objects over the air bag or between the air bag and
yourself.
See the owner's manual for further information and explanations.
* * * * *
S4.5.2 Readiness Indicator. An occupant protection system that
deploys in the event of a crash shall have a monitoring system with
a readiness indicator. The indicator shall monitor its own readiness
and shall be clearly visible from the driver's designated seating
position. If the vehicle is equipped with a single readiness
indicator for both a driver and passenger air bag, and if the
vehicle is equipped with a cutoff device permitted by S4.5.4 of this
standard, the readiness indicator shall monitor only the readiness
of the driver air bag when the passenger air bag has been
deactivated by means of the cutoff device. A list of the elements of
the system being monitored by the indicator shall be included with
the information furnished in accordance with S4.5.1 but need not be
included on the label.
* * * * *
S4.5.4 Passenger Air Bag Manual Cutoff Device. Passenger cars,
trucks, buses, and multipurpose passenger vehicles may be equipped
with a device that deactivates the air bag installed at the right
front passenger position in the vehicle, if all of the conditions in
S4.5.4.1 through S4.5.4.4 are satisfied.
S4.5.4.1 The vehicle complies with either S4.5.4.1(a) or
S4.5.4.1(b).
(a) The vehicle has no forward-facing designated seating
positions to the rear of the front seating positions.
(b) With the seats and seat backs adjusted as specified in
S8.1.2 and S8.1.3, the distance, measured along a longitudinal
horizontal line tangent to the highest point of the rear seat bottom
in the longitudinal vertical plane described in either
S4.5.4.1(b)(1) or S4.5.4.1(b)(2), between the rearward surface of
the front seat back and the forward surface of the rear seat back is
less than 720 millimeters.
(1) In a vehicle equipped with front bucket seats, the vertical
plane at the centerline of the driver's seat cushion.
(2) In a vehicle equipped with front bench seating, the vertical
plane which passes through the center of the steering wheel rim.
S4.5.4.2 The device is operable by means of the ignition key
for the vehicle. The device shall be separate from the ignition
switch for the vehicle, so that the driver must take some action
with the ignition key other than inserting it or turning it in the
ignition switch to deactivate the passenger air bag. Once
deactivated, the passenger air bag shall remain deactivated until it
is reactivated by means of the device. [[Page 27239]]
S4.5.4.3 A telltale light on the dashboard shall be clearly
visible from all front seating positions and shall be illuminated
whenever the passenger air bag is deactivated. The telltale:
(a) Shall be yellow;
(b) Shall have the identifying words ``AIR BAG OFF'' on the
telltale or within 25 millimeters of the telltale;
(c) Shall remain illuminated for the entire time that the
passenger air bag is deactivated;
(d) Shall not be illuminated at any time when the passenger air
bag is not deactivated; and,
(e) Shall not be combined with the readiness indicator required
by S4.5.2 of this standard.
S4.5.4.4 The vehicle owner's manual shall provide, in a readily
understandable format:
(a) Complete instructions on the operation of the cutoff device;
(b) A statement that the cutoff device should only be used when
a rear-facing infant restraint is installed in the front passenger
seating position; and,
(c) A warning about the safety consequences of using the cutoff
device at other times.
* * * * *
S8.4 Frontal test condition. If the vehicle is equipped with a
cutoff device permitted by S4.5.4 of this standard, the device is
deactivated.
* * * * *
Issued on May 18, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-12555 Filed 5-18-95; 1:52 pm]
BILLING CODE 4910-59-M
