[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 3774-3775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1344]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 94-57; Notice 02]
RIN 2127-AF33


Federal Motor Vehicle Safety Standards; Seat Belt Assembly 
Anchorages

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

ACTION: Final rule.

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SUMMARY: This notice amends Standard No. 210, Seat Belt Assembly 
Anchorages, to eliminate the sole exception to the requirement in 
paragraph S4.1.2 for the installation of anchorages for either a Type 1 
or a Type 2 seat belt assembly at any designated seating position for 
which Standard No. 208, Occupant Crash Protection, requires the 
installation of a Type 1 or a Type 2 seat belt. The sole exception is 
for passenger seats in buses. The practical effect of Standard No. 
210's not requiring anchorages for the bus passenger seats is that the 
anchorages for the Type 1 seat belt assemblies required at passenger 
seats in small buses are not currently required to comply with the 
strength, location and other performance requirements of Standard No. 
210. This final rule will correct this oversight.

DATES: Effective Date: The amendments made in this rule are effective 
on February 21, 1995.
    Petition Date: Any petitions for reconsideration must be received 
by NHTSA no later than February 21, 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. Clarke Harper, Office of Vehicle 
Safety Standards, NRM-12, National Highway Traffic Safety 
Administration, 400 Seventh Street SW., Washington, DC 20590. 
Telephone: (202) 366-4916.

SUPPLEMENTARY INFORMATION: On July 13, 1994, NHTSA published a notice 
of proposed rulemaking (NPRM) proposing to require the installation of 
anchorages for either a Type 1 or a Type 2 seat belt assembly at any 
seating position for which Standard No. 208 requires the installation 
of a Type 1 or a Type 2 seat belt (59 FR 35670). As explained in the 
NPRM, NHTSA believed this amendment was necessary to correct an 
oversight in a final rule published on November 2, 1989. That final 
rule amended Standard No. 208, Occupant Crash Protection, to require, 
among other changes, Type 2 (lap/shoulder) seat belts at all front 
outboard seating positions in small buses and Type 1 (lap) seat belts 
at all other seating positions in small buses (54 FR 46257).
    In the preamble to the final rule, the agency stated that it did 
not need to make corresponding amendments to Standard No. 210, Seat 
Belt Assembly Anchorages, to require the installation of anchorages. 
Anchorages required by Standard No. 210 must meet the strength, 
location and other performance requirements of that standard. In making 
this statement, the agency overlooked the exceptions in S4.1.2 of 
Standard No. 210. That section requires the installation of anchorages 
for a Type 1 or a Type 2 seat belt assembly for all designated seating 
positions, except positions required to have an anchorage for a Type 2 
seat belt assembly and except for passenger seats in buses. Thus, the 
anchorages for the Type 1 seat belt assemblies required at passenger 
seats in small buses by the November 2, 1989 final rule are not 
currently required to comply with Standard No. 210. The NPRM was 
intended to correct this oversight.
    The agency received three comments on this NPRM. All of the 
commenters concurred with the suggested amendment with one comment. The 
comment from Ford Motor Company concerned an error in another final 
rule which omitted the term ``forward-facing'' from section 
S4.1.5.1(a)(3) of Standard No. 208. That error was corrected in a 
separate final rule published on November 29, 1994 (59 FR 60917). As 
none of the comments addressed issues associated with the July 13 NPRM, 
NHTSA is adopting the amendments as proposed.
    In the NPRM, NHTSA proposed to make the amendment effective 30 days 
after publication, since NHTSA believed that the anchorages currently 
being installed by the manufacturers comply with the requirements of 
Standard No. 210. One commenter specifically addressed this issue and 
agreed that its products already complied with Standard No. 210's 
requirements. Therefore, this final rule will be effective 30 days 
after publication.

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.'' NHTSA has considered the 
impact of this rulemaking action under the Department of 
Transportation's regulatory policies and procedures and determined that 
the action is not ``significant'' under those policies and procedures. 
While these anchorages are not currently required to comply with 
Standard No. 210, commenters did not disagree with NHTSA's stated 
belief that manufacturers do design these anchorages to comply with 
these requirements. Therefore, NHTSA does not expect any impact from 
this rule and concludes that preparation of a full regulatory 
evaluation is not warranted.

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 any impact from 
this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), NHTSA notes that 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 

[[Page 3775]]
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 571.210 is amended by revising S4.1.1, removing existing 
S4.1.2, redesignating existing S4.1.3(a) as S4.1.2(a), and revising 
existing S4.1.3(b) and redesignating it as S4.1.2(b) to read as 
follows:


Sec. 571.210  Standard No. 210, Seat Belt Assembly Anchorages.

* * * * *
    S4.1.1  Seat belt anchorages for a Type 1 or a Type 2 seat belt 
assembly shall be installed for each designated seating position for 
which a Type 1 or a Type 2 seat belt assembly is required by Standard 
No. 208 (49 CFR 571.208). Seat belt anchorages for a Type 2 seat belt 
assembly shall be installed for each designated seating position for 
which a Type 2 seat belt assembly is required by Standard No. 208 (49 
CFR 571.208).
    S4.1.2
* * * * *
    (b) The requirement in S4.1.1 of this standard that seat belt 
anchorages for a Type 1 or a Type 2 seat belt assembly shall be 
installed for certain designated seating positions does not apply to 
any such seating positions that are equipped with a seat belt assembly 
that meets the frontal crash protection requirements of S5.1 of 
Standard No. 208 (49 CFR 571.208).
* * * * *
    Issued on January 13, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-1344 Filed 1-18-95; 8:45 am]
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