[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Proposed Rules]
[Pages 38795-38797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19155]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-98-4071; Notice 1]
RIN 2127-AH25
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to amend Federal Motor Vehicle Safety
Standard on occupant crash protection to provide greater flexibility
regarding the location of the telltale for air bag on-off switches
installed in new motor vehicles. It would do so by eliminating the
requirement that the telltale be located on the vehicle dashboard. No
change would be made to the separate existing requirement that the
telltale must be clearly visible from all front seat seating positions.
This proposal would also add a requirement that the telltale be located
within the vehicle's interior. The proposal is being issued, in
response to a petition for rulemaking, to make the telltale
requirements in the standard consistent with those in the agency's
regulation governing the retrofitting of used vehicles with air bag on-
off switches.
DATES: Comments must be received by September 3, 1998.
ADDRESSES: Comments should refer to the docket and notice number of
this notice and be submitted to: Docket Management, Room PL-401, 400
Seventh Street, SW, Washington, DC 20590 (Docket Room hours are 10:00
a.m.-5 p.m., Monday through Friday.)
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Clarke
Harper, Chief, Light Duty Vehicle Division, NPS-11, National Highway
Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC
20590. Telephone: (202) 366-2264. Fax: (202) 366-4329.
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:
Table of Contents
I. Background
II. Details of the Proposal
III. Proposed Effective Date
IV. Rulemaking Analyses and Notices
V. Submission of Comments
I. Background
This notice responds to a petition from Volkswagen of America, Inc.
seeking to amend Federal Motor Vehicle Safety Standard No. 208 (FMVSS
No. 208) by eliminating the current requirement that the telltale for
air bag on-off (cutoff) switches in new motor vehicles be located on
the vehicle dashboard. Under the proposed change, the telltale
requirements for new vehicles equipped with an on-off switch
[[Page 38796]]
would be consistent with the telltale requirements for retrofit on-off
switches, i.e., vehicles that have been sold or leased to consumers.
Part 595 exempts commercial entities from the statutory prohibition
against making federally-required vehicle safety equipment inoperative
for the purpose of allowing those entities to install retrofit
switches.
On October 7, 1994, NHTSA published a notice of proposed rulemaking
(NPRM) proposing to amend FMVSS No. 208 by giving manufacturers the
option to install a manual passenger-side air bag on-off switch in new
vehicles that either lacked a rear seat or had a rear seat too small to
accommodate a rear-facing infant restraint (59 FR 51158). The proposal
was issued in response to concerns that deploying air bags can
seriously injure children appropriately restrained in a rear-facing
infant restraint.
In the NPRM, NHTSA proposed requiring ``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.''
NHTSA went on to explain that it
believes that the indicator should be visible to the driver as a
reminder that the passenger air bag is, or is not, functioning.
NHTSA believes that the indicator should be also visible from the
passenger seating position as a warning to non-infant occupants that
they are not protected by their air bag.
NHTSA sought comment on whether a supplemental or additional warning
for passengers (i.e., a telltale separate from the readiness indicator
light) would minimize instances in which the air bag was
unintentionally not activated.
In response to the NPRM, NHTSA received comments addressing the
suitability of differing light levels, required wording, and
combination with the existing air bag readiness indicator. Three
parties commented on the proposed requirement that the telltale be
located on the vehicle dashboard. The Insurance Institute for Highway
Safety stated that the telltale warning light should be continuously
illuminated and should be conspicuously placed on the instrument panel
to increase the likelihood that the driver takes note of the current
status of the air bag. The American Automobile Manufacturer's
Association (AAMA) stated that ``proper placement of the device in the
instrument panel could achieve two goals.'' According to AAMA, such
placement would ensure that the telltale would be visible from both the
driver and passenger seating positions and the telltale would not be in
the direct line of sight to disrupt the driver in dark conditions.
Mazda stated that it believed a telltale should be located near the
instrument cluster or meter set, since it believed that the indicator
should be visible mainly by the driver.
On May 23, 1995, NHTSA issued a final rule giving the manufacturers
the option to install a manual passenger-side air bag on-off switch in
vehicles with either no rear seat or with a rear seat inadequate for
accommodating a rear-facing infant restraint (60 FR 27233). The final
rule required the on-off switch be operable by the ignition key, be
separate from the ignition switch, remain deactivated until
affirmatively reactivated by turning the switch, and be accompanied by
the telltale that is the subject of this notice.
The final rule dropped the proposed requirement that the telltale
be adjustable to provide at least two levels of brightness. NHTSA was
initially concerned that a single light, visible under all driving
conditions, could be too bright for a driver who had adapted to dark
ambient roadway conditions. Based on its review of the comments, NHTSA
determined that a single level of brightness would be less design
restrictive and would meet the agency's intended purpose. Accordingly,
the less restrictive design requirement was adopted.
On November 21, 1997, NHTSA issued a final rule establishing Part
595 and allowing owners of used vehicles to have their vehicles
retrofitted by commercial entities with air bag on-off switches,
subject to certain conditions (62 FR 62406). Such switches are
available for both driver and passenger seating positions as long as
the conditions for each seating position are met by the vehicle owner
and the entity that installs the switches. The switch requirements were
largely patterned after the requirements for a passenger-side switch in
FMVSS No. 208. However, in order to provide vehicle manufacturers with
more flexibility in fitting a telltale light into a vehicle originally
not designed to accommodate it, Part 595 did not include a requirement
that the telltale for retrofit switches be installed in the vehicle
dashboard. It did adopt the requirement that the telltale for a
passenger-side air bag switch be clearly visible from both the driver
and front passenger seat positions.
II. Details of the Proposal
On March 23, 1998, Volkswagen of America, Inc. submitted a petition
requesting the agency to initiate a rulemaking proceeding to amend
FMVSS No. 208 by eliminating the requirement that the telltale for an
on-off switch in a new motor vehicle be located on the vehicle
dashboard. Volkswagen maintains that the current requirement is
unnecessarily design restrictive and that eliminating the dashboard
requirement will not be detrimental to motor vehicle safety.
NHTSA is proposing to eliminate that requirement because the agency
tentatively concludes that the requirement is not necessary to ensure
the telltale's visibility. The agency believes that there are other
locations (e.g., the console) within the vehicle's interior in which
the telltale would be sufficiently noticeable by all front seat
occupants. For example, General Motors installs telltale lights above
the rearview mirror for vehicles with retrofit on-off switches.
NHTSA notes that in the final rule allowing retrofit air bag on-off
switches, it did not require that the telltale be located on the
vehicle dashboard. Instead, it simply specified that the telltale must
be visible from the driver and front passenger seating positions and
that the telltale must be located within the vehicle's interior. These
conditions allow, but do not require, the placement of the telltale on
the vehicle dashboard.
NHTSA proposes to amend FMVSS No. 208 to allow the placement of a
telltale in a location other than the vehicle dashboard as long as the
telltale is visible to all occupants of the front seat and is located
within the vehicle's interior. This second requirement is being
proposed because it would make FMVSS No. 208 consistent with Part 595
and because NHTSA believes external conditions like rain or snow could
prevent the telltale from being clearly visible at all times.
The agency seeks comment on whether there would be any degradation
of safety by not requiring uniformity of the telltale's location, i.e.,
on the vehicle dashboard.
III. Proposed Effective Date
Since the adoption of the proposal would relieve a restriction
affecting safety, NHTSA plans to make the proposed amendment effective
upon issuance of a final rule. NHTSA believes a delayed effective date
would serve no purpose since the proposed changes would permit, but not
require a change in the location of the switch telltale.
[[Page 38797]]
IV. 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 insignificant under the Department of Transportation's
regulatory policies and procedures. NHTSA believes that this proposal,
if adopted, would result in no additional cost to manufacturers and
consumers as the proposal would only expand available options for the
design of a telltale for factory-installed air bag on-off switches.
Accordingly, the agency believes that the economic impacts of this
proposal would be so minimal as not to warrant the preparation of a
full regulatory evaluation.
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, this proposal would have minimal
economic impact.
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.
V. Comments
Interested persons are invited to submit comments on this proposal.
It is requested but not required that two 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
the purportedly confidential business information, should be submitted
to the Chief Counsel, NHTSA, at the street address given above, and two
copies from which the purportedly confidential information has been
deleted should be submitted to Docket Management. 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 by NHTSA 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. NHTSA will
continue to file relevant information as it becomes available in the
docket after the closing date, and recommends 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, Rubber and rubber
products, Tires.
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.
2. Paragraph S4.5.4.3 of Section 571.208 would be revised to read
as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
S4.5.4.3 A telltale light in the interior of the vehicle shall be
illuminated whenever the passenger air bag is turned off by means of
the on-off switch. The telltale shall be clearly visible to occupants
of all front seating positions. The telltale:
(a) Shall be yellow;
(b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' on
the telltale or within 25 millimeters of the telltale;
(c) Shall remain illuminated for the entire time that the air bag
is ``off'';
(d) Shall not be illuminated at any time when the air bag is
``on''; and,
(e) Shall not be combined with the readiness indicator required by
S4.5.2 of this standard.
* * * * *
Issued on July 14, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-19155 Filed 7-17-98; 8:45 am]
BILLING CODE 4910-59-U
