[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Proposed Rules]
[Pages 57565-57567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28351]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571

[Docket No. 95-79; Notice 1]
RIN 2127-AG01


Federal Motor Vehicle Safety Standards; Steering Control Rearward 
Displacement

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to exclude certain vehicles from the 
application of the agency's standard on steering control rearward 
displacement. The excluded vehicles would be passenger cars and other 
light vehicles that are certified to comply with the frontal barrier 
crash test requirements of the agency's occupant crash protection 
standard by means of an air bag. The agency believes that the 
engineering considerations that go into designing a vehicle with air 
bags would ensure that the vehicle would have the same performance for 
steering control rearward displacement as is currently required by 
regulation.

DATES: Comment Date: Comments must be received by January 16, 1996.

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) 366-2264. Fax: (202) 366-4329. For legal issues: Mr. 
Edward Glancy, Office of Chief Counsel, NCC-20, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 
20590. Telephone: (202) 366-2992.

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 regulations that are potential candidates for 
rescission or amendment. One of these regulations is Standard No. 204, 
Steering Control Rearward Displacement, which may be redundant for 
certain vehicles, given the actions which are separately required to be 
taken to comply with Standard No. 208, Occupant Crash Protection.
    Standard No. 204 specifies requirements that limit the rearward 
motion of the steering column in a frontal crash. The standard 
specifies that the upper end of the steering column and shaft may not 
be displaced horizontally rearward more than 5 inches in a 30-mile-per-
hour frontal barrier crash test. The standard applies to passenger cars 
and other light vehicles.
    Standard No. 204 is one of the agency's original safety standards. 
In conjunction with Standard No. 203, Impact Protection For The Driver 
From The Steering Control System, the standard is intended to reduce 
the likelihood of chest, neck or head injuries in frontal impact 
accidents.
    In 1975, NHTSA amended Standard No. 203 to exclude from its 
requirements vehicles that complied with the frontal barrier crash test 
requirements (S5.1) of Standard No. 208 by means other than safety 
belts, i.e., by air bags. 40 FR 17992, April 24, 1975. NHTSA stated at 
that time that redundant occupant crash protection offered by certain 
standards is justified for those situations where the primary occupant 
crash protection system fails or multiple collisions occur. However, 
NHTSA determined that the redundant protection of Standard No. 203 was 
not justified where it directly interfered with the development of a 
more advanced, convenient and effective occupant protection system, 
such as air bags.
    In 1988, NHTSA denied a petition for rulemaking from Mitsubishi 
which requested that the agency amend Standard No. 204 to exclude 
vehicles that comply with the frontal barrier crash test requirements 
of Standard No. 208 by means other than safety belts. 53 FR 780, 
January 13, 1988. The agency stated:

    The agency does not agree that the protection provided by 
Standard No. 204 is unnecessary for vehicles equipped with air bags. 
The standard essentially requires hardware to disconnect steering 
gear movement from the steering column under crash conditions. The 
standard provides protection to the driver of an air bag equipped 
vehicle against chest, neck or head injuries which could occur in 
frontal collisions at speeds below the deployment level of the 
vehicle's air bag, or in angular impacts where an air bag might not 
be as likely to deploy. NHTSA further believes that, in the absence 
of Standard No. 204, it is possible for a steering assembly to 
displace more than five inches in a situation where the injury 
criteria of Standard No. 208 were met. Thus, although the driver's 
impact with the assembly fell within the injury criteria of the 
latter standard, the rearward motion of the assembly might entrap 
the driver or make escape from the vehicle more difficult.

    In the context of reviewing whether any of its requirements are no 
longer necessary, NHTSA believes it is appropriate to reconsider the 
position it took in denying the Mitsubishi petition. In particular, the 
agency believes that it should distinguish between whether it is 
possible for a steering assembly to displace more than five inches in a 
situation where an air-bag-equipped vehicle meets the injury criteria 
of Standard No. 208, and whether there is any reasonable likelihood of 
such an event.
    NHTSA believes that one of the most fundamental engineering 
considerations that manufacturers take into account in designing an 
air-bag-equipped vehicle is to provide a secure platform for the air 
bag. This is because, in order to design an effective air bag, the 
designer must know the relative location of the air bag and the 
protected occupant. If the air bag platform were moving up or down, or 
backwards or forward during a crash, it could adversely affect 
performance. Since the driver air bag is located on the steering 
column, NHTSA believes that the engineering consideration of ensuring 
that the air bag platform remains secure will lead manufacturers to 
take steps that will also ensure that Standard No. 204's specified 
performance for steering control rearward displacement is satisfied, 
even in the absence of such standard.
    NHTSA also believes that another important engineering 
consideration that manufacturers take into account in designing air-bag 
equipped vehicles is ensuring that the air bags are not too close to 
the vehicle occupants. This is an important consideration because a 
deploying air bag can injure a person who is sitting too close to the 
air bag.
    The agency notes that the Motor Vehicle Manufacturers Association 
(now called the American Automobile Manufacturers Association) was 
sufficiently concerned about the issue of proper spacing between 
vehicle occupants and air bags to petition NHTSA to require a vehicle 
label that would, among other things, caution passengers not to sit 
unnecessarily close to the point from which the air bag will be 
deployed. As a result of this petition, the agency amended Standard No. 
208 

[[Page 57566]]
to require a label providing this information. See 57 FR 59043, 
December 14, 1992, and 58 FR 46551, September 2, 1993.
    The agency believes that manufacturers take account of this same 
concern in designing their air-bag equipped vehicles. Hence, the 
consideration of ensuring that the driver air bag is not too close to 
the driver will lead manufacturers to limit rearward movement of the 
steering column in a crash, i.e., movement toward the driver, even in 
the absence of a regulation.
    For the reasons discussed above, NHTSA has tentatively concluded 
that the requirements of Standard No. 204 are unnecessary for vehicles 
which are certified to comply with the frontal barrier crash test 
requirements of Standard No. 208 by means of air bags. The agency is 
accordingly proposing to exclude such vehicles from the applicability 
of Standard No. 204.
    The agency emphasizes that the reason for its tentative conclusion 
that Standard No. 204 is unnecessary for these vehicles is its belief, 
discussed above, that the engineering considerations that go into 
designing a vehicle with air bags would ensure that the vehicle would 
have the same performance for steering control rearward displacement as 
is currently required by Standard No. 204. NHTSA continues to believe 
in the importance of limiting steering control rearward displacement, 
and specifically requests comments on its belief that Standard No. 
208's air bag requirements will indirectly ensure this aspect of safety 
performance. Comments are specifically sought on whether a rescission 
of this requirement in Standard No. 204 could lead to an increase in 
injuries of a type not protected against in Standard No. 208.
    The agency is proposing an effective date of 30 days after 
publication of a final rule. NHTSA believes that there would be good 
cause for such an effective date since the amendment would not impose 
any new requirements but instead reduce manufacturers' costs without 
any adverse impact on safety.

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 benefits from Standards No. 204 
as a result of excluding vehicles which are certified to comply with 
the frontal barrier crash test requirements of Standard No. 208 by 
means of air bags. This is because, for reasons discussed above, these 
vehicles would continue to have the same performance with respect to 
steering control rearward displacement as vehicles without air bags. 
Manufacturers would have minor, nonquantifiable cost savings as they 
would no longer have to certify compliance with this requirement.

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. The rule would not impose any new requirements but 
would instead exclude from the applicability of Standard No. 204 those 
light vehicles that are equipped with air bags. The proposed rule, if 
made final, would likely result in small, nonquantifiable cost savings 
for motor vehicle manufacturers since they would not need to certify 
the vehicles to Standard No. 204. The cost savings would be too small 
to have any significant impact on vehicle prices. Therefore, small 
businesses, small organizations and small governmental units which 
purchase motor vehicles would not be significantly affected by the 
proposed rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. 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 
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 

[[Page 57567]]
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, Rubber and rubber 
products, tires.

    In consideration of the foregoing, 49 CFR part 571 would 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. Section 571.204 would be amended by revising S2 to read as 
follows:


Sec. 571.204  Standard No. 204; Steering control rearward displacement.

* * * * *
    S2. Application. This standard applies to passenger cars and to 
multipurpose passenger vehicles, trucks, and buses. However it does not 
apply to vehicles that conform to the frontal barrier crash protection 
requirement (S5.1) of Standard No. 208 (49 CFR 571.208) by means of an 
inflatable restraint system. It also does not apply to walk-in vans.
* * * * *
    Issued on November 13, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-28351 Filed 11-15-95; 8:45 am]
BILLING CODE 4910-59-P