[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45172-45175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22573]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 121]
RIN 2127--AG94
Federal Motor Vehicle Safety Standards; Occupant Crash
Protection; Occupant Protection in Interior Impact
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: In March 1997, NHTSA temporarily amended the agency's occupant
crash protection standard to ensure that vehicle manufacturers can
quickly depower all air bags so that they inflate less aggressively.
More specifically, the agency adopted an unbelted sled test protocol as
a temporary alternative to the standard's full scale unbelted barrier
crash test. NHTSA took this action to provide an immediate, but
interim, solution to the problem of the fatalities and injuries that
current air bags are causing in relatively low speed crashes to small,
but growing numbers of children, and occasionally to adult occupants.
This document makes a further amendment to the agency's occupant
crash protection standard, so that a special, less stringent test
requirement in a related standard that applies to vehicles certified to
the unbelted barrier test will also apply to vehicles certified to the
alternative sled test. This action is necessary to prevent a delay in
depowering. NHTSA also solicits comments on this amendment.
DATES: Effective date: The amendments made by this interim final rule
are effective August 26, 1997.
Comments: Comments must be received on or before October 27, 1997.
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:
For information about air bags and related rulemakings: Visit the
NHTSA web site at http://www.nhtsa.dot.gov and select ``AIR BAGS:
Information about air bags.''
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: J. Edward Glancy, Office of Chief Counsel, NCC-
20, National Highway Traffic Safety Administration, 400 Seventh Street,
SW, Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-
3820.
SUPPLEMENTARY INFORMATION: On March 19, 1997, NHTSA published in the
Federal Register (62 FR 12960) a final rule temporarily amending
Standard No. 208, Occupant Crash Protection, to ensure that vehicle
manufacturers can quickly depower all air bags so that they inflate
less aggressively. More specifically, the agency adopted an unbelted
sled test protocol, recommended by the American Automobile
Manufacturers Association (AAMA), as a temporary alternative to
Standard No. 208's full scale unbelted barrier crash test. The agency
did not change the standard's full scale belted barrier crash test.
NHTSA took this action to provide an immediate, but interim,
solution to the problem of the fatalities and injuries that current air
bags are causing in relatively low speed crashes to small, but growing
numbers of children, and occasionally to adult occupants. The
[[Page 45173]]
sled test alternative will be available for vehicles manufactured
before September 1, 2001. That date was selected because the agency
expected that the vehicle manufacturers will be able by then to provide
more advanced air bags that will address these problems.
In early April 1997, AAMA advised the agency that its member
companies had discovered that certain provisions in Standard No. 203,
Impact protection for the driver from the steering control system, and
Standard No. 209, Seat belt assemblies, could prevent or substantially
delay depowering. Each of those other standards specified an exclusion
from certain requirements for vehicles certified to meet Standard No.
208's barrier crash test requirements. Thus, neither exclusion would be
available for a vehicle which was certified to Standard No. 208's
alternative sled test requirement.
In an interim final rule published in the Federal Register (62 FR
26425) on May 14, 1997, the agency amended Standard No. 208, so that
the exclusions in these two other standards would also be available for
vehicles certified to the sled test. NHTSA explained that this action
was necessary to prevent a delay in depowering, and also solicited
comments on the amendment. The agency noted that because there had not
been a prior opportunity for comment, it was limiting application of
the interim final rule to vehicles manufactured before September 1,
1998. However, NHTSA explained that it contemplated making the
amendment apply for the same duration as the depowering amendment,
i.e., for vehicles manufactured before September 1, 2001.
In the May 1997 notice, NHTSA noted that neither it nor the
commenters on the depowering proposal had identified the issue of
whether the exclusions in Standards No. 203 and 209 should be available
for vehicles certified to the alternative sled test requirement. The
agency had, however, made it clear in the depowering rulemaking that it
believes it is critical to ensure that vehicle manufacturers can
quickly depower all air bags so that they inflate less aggressively.
In the May 1997 notice, NHTSA stated that it does not want the
vehicle manufacturers to face any unnecessary impediments to depowering
and, in that context, considered whether the exclusions in Standards
No. 203 and 209 should be made available for vehicles certified to the
alternative sled test requirement. The agency provided analysis in that
notice for each of the two standards, as part of its decision to extend
the availability of the exclusions.
In July 1997, AAMA advised the agency that its member companies had
discovered that a similar provision in Standard No. 201, Occupant
protection in interior impact, could also prevent or substantially
delay depowering. That provision specifies a special, less stringent
test requirement for vehicles which meet Standard No. 208's barrier
crash test requirements by means of an air bag. The special requirement
would thus not apply to a vehicle which was certified to Standard No.
208's alternative sled test requirement.
Just as NHTSA decided to issue an interim final rule amending
Standard No. 208 so that the exclusions in Standard Nos. 203 and 209
would also be available for vehicles certified to the sled test, it is
taking similar action with respect to the special, less stringent test
requirement set forth in Standard No. 201. The agency believes that the
Standard No. 201 situation mirrors those involving the other two
standards. NHTSA's analysis for Standard No. 201 is set forth below.
Standard No. 201 specifies a number of requirements to provide
impact protection for occupants. One of the requirements concerns
instrument panels. The standard generally requires that when specified
portions of the instrument panel are impacted by a head form at 15 mph,
the deceleration of the head form must not exceed 80 g continuously for
more than 3 milliseconds. To comply with this requirement, vehicle
manufacturers install energy absorbing materials. The use of these
materials can prevent or reduce the severity of chest and head injuries
resulting from contacts with the instrument panel.
In June 1991, NHTSA published a final rule amending Standard No.
201 to specify a special, less stringent test requirement for vehicles
equipped with passenger air bags. 56 FR 26036; June 6, 1991. The final
rule reduced the velocity specified in the head form test for these
vehicles from 15 mph to 12 mph.
The purpose of the June 1991 final rule was to facilitate the
introduction of more effective air bag designs, and provide an
incentive for the increased use of passenger-side air bags. (This final
rule was issued before Congress enacted the Intermodal Surface
Transportation Efficiency Act of 1991, which directed NHTSA to amend
Standard No. 208 to require air bags.) Vehicle manufacturers had
provided information showing that Standard No. 201's existing 15 mph
head form requirement created problems in designing top-mounted,
upward-deploying passenger air bags. Manufacturers had also identified
a number of benefits from installation of this type of air bag,
including reduced risk of injury to out-of-position occupants or
standing children. However, the final rule was not limited to passenger
air bags with upward-deploying systems, as the agency wanted to allow
manufacturers wide latitude in innovation for all passenger air bags.
NHTSA believes that the rationale for Standard No. 201's special,
less stringent test requirement for vehicles equipped with passenger
air bags and certified to Standard No. 208's barrier test is equally
applicable to vehicles certified to the alternative sled test. The
concern about the need to meet Standard No. 201's 15 mph head form test
interfering with the design of passenger air bags, especially top-
mounted, upward-deploying systems, would not differ depending on
whether an air bag is depowered or not. Moreover, the need to meet the
15 mph requirement would interfere with depowering.
Vehicle manufacturers presumably test their air-bag-equipped
vehicles to Standard No. 201's 12 mph head form requirement, rather
than the 15 mph requirement, based on the current special requirement.
Thus, the manufacturers do not know whether their vehicles would pass
the more stringent requirement.
If the special requirement were not extended to vehicles certified
to the alternative sled test, the vehicle manufacturers would need to
conduct significant testing to determine whether those vehicles could
comply with the 15 mph requirement. To the extent that a vehicle could
not comply, the manufacturer would then need to determine whether it
was possible to make design changes to achieve compliance. All of this
would result in significant delays to depowering.
The agency also notes that the purposes of the depowering amendment
and the special requirement in Standard No. 201 are complementary.
While the depowering amendment was intended to facilitate quick action
to address the problem of deaths and injuries to out-of-position
occupants, the special requirement in Standard No. 201 was intended, in
part, to facilitate the use of passenger air bag designs that reduce
the risk of injury to out-of-position occupants or standing children. A
failure to extend the special requirement in No. 201 to vehicles
certified to the alternative sled test could result in the perverse
effect of discouraging air bag
[[Page 45174]]
designs that reduce the risk of injury to out-of-position occupants or
standing children.
NHTSA finds that the issuance of this interim final rule without
prior opportunity for comment is necessary in view of the fact that
depowering would be significantly delayed if the standard were not
amended. For the same reason, the agency finds for good cause that it
is in the public interest to establish an immediate effective date for
this amendment. The amendment imposes no new requirements but instead
provides additional flexibility to manufacturers by removing a design
restriction.
NHTSA is requesting comments on this amendment. Because there has
not been a prior opportunity for comment, the agency is limiting
application of this interim final rule to vehicles manufactured before
September 1, 1998. However, NHTSA contemplates making the amendment
apply for the same duration as the depowering amendment, i.e., for
vehicles manufactured before September 1, 2001. The agency will
announce a final decision as soon as possible after the comment closing
date.
Rulemaking Analyses and Notices
A. 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 ``nonsignificant'' under the Department of
Transportation's regulatory policies and procedures. The amendment does
not impose any new requirements but simply ensures that the vehicle
manufacturers do not face previously unidentified impediments in
depowering air bags. The agency concludes that the impacts of the
amendment are so minimal that a full regulatory evaluation is not
required. Readers who are interested in the costs and benefits of
depowering are referred to the agency's regulatory evaluation for that
rulemaking action, which remains valid.
B. Regulatory Flexibility Act
NHTSA has considered the effects of this rulemaking action under
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) I hereby certify
that the interim final rule will not have a significant economic impact
on a substantial number of small entities.
The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The interim final rule would
primarily affect passenger car and light truck manufacturers and
manufacturers of air bags. The Small Business Administration's
regulations at 13 CFR Part 121 define a small business, in part, as a
business entity ``which operates primarily within the United States.''
(13 CFR 121.105(a)).
SBA's size standards are organized according to Standard Industrial
Classification Codes (SIC). SIC Code 3711 ``Motor Vehicles and
Passenger Car Bodies'' has a small business size standard of 1,000
employees or fewer. SIC Code 3714 ``Motor Vehicle Parts and
Accessories'' has a small business size standard of 750 employees or
fewer. NHTSA believes air bag manufacturers would fall under SIC Code
3714.
For passenger car and light truck manufacturers, NHTSA estimates
there are at most five small manufacturers of passenger cars in the
U.S. Because each manufacturer serves a niche market, often
specializing in replicas of ``classic'' cars, production for each
manufacturer is fewer than 100 cars per year. Thus, there are at most
five hundred cars manufactured per year by U.S. small businesses.
In contrast, in 1996, there are approximately nine large
manufacturers manufacturing passenger cars and light trucks in the U.S.
Total U.S. manufacturing production per year is approximately 15 to 15
and a half million passenger cars and light trucks per year. NHTSA does
not believe small businesses manufacture even 0.1 percent of total U.S.
passenger car and light truck production per year.
For air bag manufacturers, NHTSA does not believe that there are
any small manufacturers of air bags. A separate subsidiary (of a large
business) set up to manufacture air bags would not be considered a
small business because of SBA's affiliation rule under 13 CFR 121.103.
The amendment does not impose any new requirements but simply
ensures that the vehicle manufacturers do not face previously
unidentified impediments in depowering air bags. NHTSA also notes that
the cost of new passenger cars or light trucks would not be affected by
the interim final rule.
C. 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 rule.
D. National Environmental Policy Act
NHTSA has also analyzed this rule under the National Environmental
Policy Act and determined that it will not have a significant impact on
the human environment.
E. 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.
F. Civil Justice Reform
This 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.
Comments
Interested persons are invited to submit comments on this document.
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
the 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 NHTSA 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 by NHTSA before the close of business on the
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comment closing date indicated above 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 this rulemaking action will be
considered as suggestions for further rulemaking action. Comments on
the document 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 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, Incorporation by reference, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, Tires.
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 S3 to read as follows:
Sec. 571.208 Standard No. 208, Occupant crash protection.
* * * * *
S3. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks, and buses. In addition, S9,
Pressure vessels and explosive devices, applies to vessels designed to
contain a pressurized fluid or gas, and to explosive devices, for use
in the above types of motor vehicles as part of a system designed to
provide protection to occupants in the event of a crash.
Notwithstanding any language to the contrary, any vehicle manufactured
after March 19, 1997 and before September 1, 2001 that is subject to a
dynamic crash test requirement conducted with unbelted dummies may meet
the requirements specified in S13 instead of the applicable unbelted
requirement. For vehicles manufactured before September 1, 1998,
compliance with S13 shall, for purposes of Standards No. 201, 203 and
209, be deemed as compliance with the unbelted frontal barrier
requirements of S5.1 of this section.
* * * * *
Issued on: August 20, 1997.
Ricardo Martinez,
Administrator.
[FR Doc. 97-22573 Filed 8-25-97; 8:45 am]
BILLING CODE 4910-59-P
