[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 45175]]

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