[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Pages 2977-2978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1301]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 1-21, Notice 14]
RIN 2127-AE99
Federal Motor Vehicle Safety Standards; Theft Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Technical amendment.
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SUMMARY: This document amends the automatic transmission park position
test procedure described in Standard No. 114, ``Theft Protection,'' to
clarify an ambiguity. The test procedure is unclear in that it requires
the service brakes to be applied once in the beginning of the test and
once near the end of the test, but does not specify that they should be
released anywhere in between these instructions. In addition, outdated
sections, i.e., for vehicle manufactured before September 1, 1996, will
be removed.
DATES: Effective date: This rule is effective February 20, 1997.
FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Chris
Flanigan, Office of Safety Performance Standards, NPS-21, the National
Highway Traffic Safety Administration, 400 Seventh St., SW.,
Washington, DC, 20590. (202) 366-4918. For legal issues: Mr. Paul
Atelsek, Office of Chief Counsel, NCC-20, the National Highway Traffic
Safety Administration, 400 Seventh St., SW., Washington, DC, 20590.
(202) 366-2992.
SUPPLEMENTARY INFORMATION: On August 22, 1995, Toyota Motor Corporate
Services of North America, Inc. (Toyota) requested an interpretation
regarding the automatic transmission park position test procedure
outlined in Standard No. 114. The test procedure involves these steps:
(1) Drive the subject vehicle forward up a ten percent grade, (2) stop
the vehicle with the service brakes, (3) apply the parking brake, (4)
move the shift lever to the ``park'' position, (5) apply the service
brakes, (6) release the parking brake, (7) release the service brakes,
(8) remove the key, (9) verify that the transmission is locked in the
``park'' position, and (10) verify that the vehicle has moved no more
than 150 millimeters (mm) from its original position.
The standard currently has a test procedure in S5.2 for vehicles
manufactured prior to September 1, 1996 and a test procedure in S5.3
for vehicles manufactured on or after September 1, 1996. The only
difference between the two test procedures is that for vehicles
manufactured on or after September 1, 1996, the third step (apply the
parking brake) is only required if there is a parking brake present.
The purpose of using the parking brake is for the safety of those
conducting the test. If the parking brake is used in conjunction with
the service brakes, there is a backup in case the vehicle operator's
foot slips off of the service brakes during the test. This could be
hazardous if there is someone in close proximity to the wheels perhaps
measuring the vehicle's position.
Toyota states that the unclear part of the test procedure concerns
the application of the service brakes. The second step in the procedure
is to stop the vehicle on the ten percent grade with the service
brakes. The fifth step in the procedure is to apply the service brakes.
However, the test procedure does not require the service brakes to be
released anywhere in between the second and fifth steps. It is,
therefore, unclear whether the service brakes should have been released
at any point between the two steps.
In its letter requesting an interpretation of the test procedure,
Toyota offers two ways to rectify this ambiguity. First, the fifth step
(apply the service brakes) could be removed. In this instance, there
would only be one instruction in the procedure (the second step) to
apply the service brakes. In this case, the service brakes would remain
applied until the seventh step, just before the measurement of vehicle
movement is taken.
Second, Toyota proposed inserting an additional step after the
third step (apply the parking brake) to release the service brakes. In
this case, the service brakes would be applied and then released once
the vehicle is on the ten percent grade and the parking brake has been
set. Then, once the vehicle's shift mechanism has been placed in the
``park'' position, the service brakes would be applied again while the
parking brake is released. Once the parking brake is released, the
service brakes would then be released. The measurement of vehicle
movement could then be made.
NHTSA believes that, rather than adding more steps to the test
procedure, the best way to eliminate this ambiguity is to remove the
fifth step. Because the second step in the procedure requires
application of the service brakes and there is no direction to release
the service brakes until the seventh step, there is no need to require
that they be applied again in the fifth step.
Regarding the removal of dated sections, the standard makes
reference
[[Page 2978]]
to vehicles manufactured after September 1, 1983, to vehicles
manufactured before September 1, 1996, and to vehicles manufactured on
or after September 1, 1996. Since these dates are all in the past,
these references will be removed, as there is no need to differentiate
between them.
NHTSA finds good cause to make this amendment effective 30 days
after publication of this document. This amendment makes minor changes
to Standard No. 114 that clarify the standard without affecting its
requirements.
NHTSA also finds for good cause that notice and an opportunity for
comment on this document are unnecessary. This document does not impose
any additional responsibilities on any manufacturer. Instead, this
document simply clarifies a test procedure and removes outdated
sections in the standard.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' Further, this action has been
determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures. This rule
clarifies a test procedure and eliminates outdated sections in Standard
No. 114 without changing any of the requirements in the standard.
Because this rule does not affect any substantive requirement of the
theft prevention standard, its impacts are so minimal as not to warrant
preparation of a full regulatory evaluation.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this 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 noted above, this rule simply clarifies a test procedure
and eliminates outdated sections in Standard No. 114. It has no effect
on the manufacture or sale of vehicles or motor vehicle equipment.
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.
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 rule will 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, parts 571 of title 49 of the
Code of Federal Regulations are amended as follows:
PART 571--[AMENDED]
1. The authority citation for part 571 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 571.114 is amended as follows:
a. S4.1 is revised.
b. S4.2 is revised.
c. S5.2 is revised.
d. S5.3 is removed.
The revisions will read as follows:
Sec. 571.114 Standard No. 114; theft protection.
* * * * *
S4.1 Each truck and multipurpose passenger vehicle having a GVWR
of 4536 kilograms or less and each passenger car shall meet the
requirements of S4.2, S4.3, S4.4, and S4.5. However, open-body type
vehicles that are manufactured for operation without doors and that
either have no doors or have doors that are designed to be easily
attached to and removed from the vehicle by the vehicle owner are not
required to comply with S4.5.
S4.2 Each vehicle shall have a key-locking system which, whenever
the key is removed, prevents:
(a) The normal activation of the vehicle's engine or motor; and
(b) Either steering or forward self-mobility of the vehicle or
both.
S4.2.1 (a) Except as provided in S4.2.2 (a) and (b), the key-
locking system required by S4.2 in each vehicle which has an automatic
transmission with a ``park'' position shall, when tested under the
procedures in S5.2, prevent removal of the key unless the transmission
or transmission shift lever is locked in ``park'' or becomes locked in
``park'' as the direct result of removing the key.
(b) Each vehicle shall not move more than 150 mm on a 10 percent
grade when the transmission or transmission shift lever is locked in
``park.''
* * * * *
S5.2 Test procedure. (a) Move the transmission shift lever to any
position where it will remain without assistance, including a position
between the detent positions, except for the ``park'' position. Try to
remove the key from each possible key position in each such shift
position.
(b) Drive the vehicle forward up a 10 percent grade and stop it
with the service brakes. Apply the parking brake (if present). Move the
shift mechanism to the ``park'' position. Note the vehicle position.
Release the parking brake. Release the service brakes. Remove the key.
Verify that the transmission shift lever or transmission is locked in
``park.'' Verify that the vehicle, at rest, has moved no more than 150
mm from the position noted prior to release of the brakes.
Issued on: January 14, 1997.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 97-1301 Filed 1-17-97; 8:45 am]
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