[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Proposed Rules]
[Pages 31946-31947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14901]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 95-42; Notice 1]
RIN 2127-AF67
Federal Motor Vehicle Safety Standards; Seat Belt Assemblies;
Child Restraint Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice proposes to delete the colorfastness requirements
for seat belt assemblies. The purpose of those requirements is to
ensure that motorists are not discouraged from using safety belts out
of a concern that the belts will transfer their coloring to motorists'
clothing. NHTSA tentatively concludes that manufacturer concerns about
public acceptance are sufficient by themselves to ensure that
manufacturers will make their belts colorfast. Therefore, retention of
the requirements is not necessary.
DATES: Comment Dates: Comments must be received by August 18, 1995.
Proposed Effective Date: If adopted, the proposed amendments would
become effective 30 days following publication of the final rule.
ADDRESSES: Comments should refer to the docket and notice number of
this notice and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590. (Docket Room hours are 9:30 a.m.-4 p.m., Monday
through Friday.)
FOR FURTHER INFORMATION CONTACT: Mr. Clarke B. Harper, Office of
Vehicle Safety Standards, NPS-12, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
Telephone: (202) 366-4916.
SUPPLEMENTARY INFORMATION: Pursuant to the March 4, 1995 directive,
``Regulatory Reinvention Initiative,'' from the President to the heads
of departments and agencies, NHTSA has undertaken 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, including the colorfastness
requirements in Standard No. 209, ``Seat Belt Assemblies.''
Standard No. 209 includes colorfastness requirements out of concern
that occupants would be less likely to wear their seat belt if the
webbing stained their clothing. Paragraphs S4.2 (g) and (h) of the
Standard require seat belt webbing to resist transferring color to a
wet or dry crock cloth and to resist staining (the colorfastness
requirements). Test procedures to determine that the colorfastness
requirements are met are found in S5.1 (g) and (h) of the Standard.
NHTSA tentatively concludes that market forces would be sufficient,
in the absence of the current requirements, to encourage seat belt
manufacturers to use webbing that will not stain clothing. The agency
is not aware of any basis for believing that rescission of the
colorfastness requirements would lessen colorfastness or safety.
Therefore, NHTSA is proposing to delete the colorfastness requirements
from Standard No. 209. NHTSA is also proposing to delete references to
these requirements in Standard No. 213, ``Child Restraint Systems.''
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 not reviewed under E.O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures. NHTSA believes
that there would be no gain or loss of safety benefits from Standards
Nos. 209 and 213 as a result of rescission of the colorfastness
requirements. Manufacturers may have a very minor cost savings
(approximately $50 per test) as they will no longer have to certify
compliance with these requirements.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this notice under the
Regulatory Flexibility Act. I hereby certify that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. As explained above, NHTSA does not anticipate that this
proposal will significantly economically impact small manufacturers, or
small entities that purchase safety belts or vehicles.
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 proposed rule.
National Environmental Policy Act
NHTSA has also analyzed this proposed rule under the National
Environmental Policy Act and determined that it would not have a
significant impact on the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this proposal in accordance with the principles
and criteria contained in E.O. 12612, and has determined that this
proposed rule would not have significant federalism implications to
warrant the preparation of a Federalism Assessment.
Civil Justice Reform
This proposed rule would not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the state requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
Submission of 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
[[Page 31947]] 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, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, it is proposed that 49 CFR part
571 be amended as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.209 [Amended]
2. Section 571.209 would be amended by removing S4.2(g), S4.2(h),
S5.1(g) and S5.1(h).
3. Section 571.213 would be amended by revising S5.4.1(b) to read
as follows:
Sec. 571.213 Standard No. 213; Child restraint systems.
* * * * *
S5.4.1 * * *
(b) Meet the requirements of S4.2 (e) and (f) of FMVSS No. 209
(Sec. 571.209); and
* * * * *
Issued on: June 14, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-14901 Filed 6-16-95; 8:45 am]
BILLING CODE 4910-59-P
