[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29249]


[[Page Unknown]]

[Federal Register: November 29, 1994]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 93]
RIN 2127-AE46

 

Federal Motor Vehicle Safety Standards; Occupant Crash Protection

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final Rule, correction.

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SUMMARY: On September 2, 1993, NHTSA published a final rule specifying 
that manufacturers must install driver and front passenger side air 
bags to satisfy the automatic crash protection requirements. The 
amendments were effective March 1, 1994. Due to a typographic error, 
the regulatory language of the final rule also deleted the term 
``forward-facing'' from a section specifying the type of rear outboard 
designated seating positions at which Type 2 (lap and shoulder) safety 
belts must be installed. This error had the unintended effect of 
amending the requirements for side-facing and rear-facing rear outboard 
designated seating positions to require the installation of Type 2 
safety belts, instead of Type 1 (lap only) safety belts. This notice 
corrects that error.

DATES: Effective Date: The amendments made in this rule are effective 
November 22, 1994.

    Petition Date: Any petitions for reconsideration must be received 
by NHTSA no later than December 29, 1994.

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:

    On September 2, 1993, NHTSA published a final rule specifying that 
manufacturers must install driver and front passenger side air bags to 
satisfy the automatic crash protection requirements. The amendments 
were effective March 1, 1994. Due to a typographic error, the 
regulatory language of the final rule also deleted the term ``forward-
facing'' from a section specifying the type of rear outboard designated 
seating positions at which Type 2 (lap and shoulder) safety belts must 
be installed. This error had the unintended effect of amending the 
requirements for side-facing and rear-facing rear outboard designated 
seating positions to require the installation of Type 2 safety belts, 
instead of Type 1 (lap only) safety belts. As the agency did not intend 
to amend the requirements for any rear seating positions, this notice 
corrects that error.
    NHTSA finds for good cause that this final rule can be made 
effective immediately. The September 2, 1993 final rule clearly was 
intended to affect only front outboard designated seating positions. 
This notice corrects a typographic error which unintentionally amended 
the requirements for some rear outboard designated seating positions.

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. This notice does 
not impose any new requirements on manufacturers. It simply corrects a 
typographic error.

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, this rule will not have an economic 
impact on any manufacturers.

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 S4.1.5.1(a)(3) to read as 
follows:


Sec. 571.208  Standard No. 208, Occupant crash protection.

* * * * *
    S4.1.5.1 Frontal/angular automatic protection system.
    (a) * * *
    (3) At each front designated seating position that is an ``outboard 
designated seating position,'' as that term is defined at 49 CFR 571.3, 
and at each forward-facing rear designated seating position that is a 
``rear outboard designated seating positions,'' as that term is defined 
at S4.1.4.2(c) of this standard, have a Type 2 seat belt assembly that 
conforms to Standard No. 209 and S7.1 through S7.3 of this standard, 
and, in the case of the Type 2 seat belt assemblies installed at the 
front outboard designated seating positions, meet the frontal crash 
protection requirements with the appropriate anthropomorphic test dummy 
restrained by the Type 2 seat belt assembly in addition to the means 
that requires no action by the vehicle occupant.
* * * * *
    Issued on November 22, 1994.
Ricardo Martinez,
Administrator
[FR Doc. 94-29249 Filed 11-28-94; 8:45 am]
BILLING CODE 4910-59-P