[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Proposed Rules]
[Pages 38795-38797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19155]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-98-4071; Notice 1]
RIN 2127-AH25


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend Federal Motor Vehicle Safety 
Standard on occupant crash protection to provide greater flexibility 
regarding the location of the telltale for air bag on-off switches 
installed in new motor vehicles. It would do so by eliminating the 
requirement that the telltale be located on the vehicle dashboard. No 
change would be made to the separate existing requirement that the 
telltale must be clearly visible from all front seat seating positions. 
This proposal would also add a requirement that the telltale be located 
within the vehicle's interior. The proposal is being issued, in 
response to a petition for rulemaking, to make the telltale 
requirements in the standard consistent with those in the agency's 
regulation governing the retrofitting of used vehicles with air bag on-
off switches.

DATES: Comments must be received by September 3, 1998.

ADDRESSES: Comments should refer to the docket and notice number of 
this notice and be submitted to: Docket Management, Room PL-401, 400 
Seventh Street, SW, Washington, DC 20590 (Docket Room hours are 10:00 
a.m.-5 p.m., Monday through Friday.)

FOR FURTHER INFORMATION CONTACT: 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: Ms. Rebecca MacPherson, 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:

Table of Contents

I. Background
II. Details of the Proposal
III. Proposed Effective Date
IV. Rulemaking Analyses and Notices
V. Submission of Comments

I. Background

    This notice responds to a petition from Volkswagen of America, Inc. 
seeking to amend Federal Motor Vehicle Safety Standard No. 208 (FMVSS 
No. 208) by eliminating the current requirement that the telltale for 
air bag on-off (cutoff) switches in new motor vehicles be located on 
the vehicle dashboard. Under the proposed change, the telltale 
requirements for new vehicles equipped with an on-off switch

[[Page 38796]]

would be consistent with the telltale requirements for retrofit on-off 
switches, i.e., vehicles that have been sold or leased to consumers. 
Part 595 exempts commercial entities from the statutory prohibition 
against making federally-required vehicle safety equipment inoperative 
for the purpose of allowing those entities to install retrofit 
switches.
    On October 7, 1994, NHTSA published a notice of proposed rulemaking 
(NPRM) proposing to amend FMVSS No. 208 by giving manufacturers the 
option to install a manual passenger-side air bag on-off switch in new 
vehicles that either lacked a rear seat or had a rear seat too small to 
accommodate a rear-facing infant restraint (59 FR 51158). The proposal 
was issued in response to concerns that deploying air bags can 
seriously injure children appropriately restrained in a rear-facing 
infant restraint.
    In the NPRM, NHTSA proposed requiring ``a telltale light on the 
dashboard that is clearly visible from both the driver and front 
passenger seating positions and that is illuminated whenever the 
passenger air bag has been deactivated by means of the cutoff device.'' 
NHTSA went on to explain that it

believes that the indicator should be visible to the driver as a 
reminder that the passenger air bag is, or is not, functioning. 
NHTSA believes that the indicator should be also visible from the 
passenger seating position as a warning to non-infant occupants that 
they are not protected by their air bag.

NHTSA sought comment on whether a supplemental or additional warning 
for passengers (i.e., a telltale separate from the readiness indicator 
light) would minimize instances in which the air bag was 
unintentionally not activated.
    In response to the NPRM, NHTSA received comments addressing the 
suitability of differing light levels, required wording, and 
combination with the existing air bag readiness indicator. Three 
parties commented on the proposed requirement that the telltale be 
located on the vehicle dashboard. The Insurance Institute for Highway 
Safety stated that the telltale warning light should be continuously 
illuminated and should be conspicuously placed on the instrument panel 
to increase the likelihood that the driver takes note of the current 
status of the air bag. The American Automobile Manufacturer's 
Association (AAMA) stated that ``proper placement of the device in the 
instrument panel could achieve two goals.'' According to AAMA, such 
placement would ensure that the telltale would be visible from both the 
driver and passenger seating positions and the telltale would not be in 
the direct line of sight to disrupt the driver in dark conditions. 
Mazda stated that it believed a telltale should be located near the 
instrument cluster or meter set, since it believed that the indicator 
should be visible mainly by the driver.
    On May 23, 1995, NHTSA issued a final rule giving the manufacturers 
the option to install a manual passenger-side air bag on-off switch in 
vehicles with either no rear seat or with a rear seat inadequate for 
accommodating a rear-facing infant restraint (60 FR 27233). The final 
rule required the on-off switch be operable by the ignition key, be 
separate from the ignition switch, remain deactivated until 
affirmatively reactivated by turning the switch, and be accompanied by 
the telltale that is the subject of this notice.
    The final rule dropped the proposed requirement that the telltale 
be adjustable to provide at least two levels of brightness. NHTSA was 
initially concerned that a single light, visible under all driving 
conditions, could be too bright for a driver who had adapted to dark 
ambient roadway conditions. Based on its review of the comments, NHTSA 
determined that a single level of brightness would be less design 
restrictive and would meet the agency's intended purpose. Accordingly, 
the less restrictive design requirement was adopted.
    On November 21, 1997, NHTSA issued a final rule establishing Part 
595 and allowing owners of used vehicles to have their vehicles 
retrofitted by commercial entities with air bag on-off switches, 
subject to certain conditions (62 FR 62406). Such switches are 
available for both driver and passenger seating positions as long as 
the conditions for each seating position are met by the vehicle owner 
and the entity that installs the switches. The switch requirements were 
largely patterned after the requirements for a passenger-side switch in 
FMVSS No. 208. However, in order to provide vehicle manufacturers with 
more flexibility in fitting a telltale light into a vehicle originally 
not designed to accommodate it, Part 595 did not include a requirement 
that the telltale for retrofit switches be installed in the vehicle 
dashboard. It did adopt the requirement that the telltale for a 
passenger-side air bag switch be clearly visible from both the driver 
and front passenger seat positions.

II. Details of the Proposal

    On March 23, 1998, Volkswagen of America, Inc. submitted a petition 
requesting the agency to initiate a rulemaking proceeding to amend 
FMVSS No. 208 by eliminating the requirement that the telltale for an 
on-off switch in a new motor vehicle be located on the vehicle 
dashboard. Volkswagen maintains that the current requirement is 
unnecessarily design restrictive and that eliminating the dashboard 
requirement will not be detrimental to motor vehicle safety.
    NHTSA is proposing to eliminate that requirement because the agency 
tentatively concludes that the requirement is not necessary to ensure 
the telltale's visibility. The agency believes that there are other 
locations (e.g., the console) within the vehicle's interior in which 
the telltale would be sufficiently noticeable by all front seat 
occupants. For example, General Motors installs telltale lights above 
the rearview mirror for vehicles with retrofit on-off switches.
    NHTSA notes that in the final rule allowing retrofit air bag on-off 
switches, it did not require that the telltale be located on the 
vehicle dashboard. Instead, it simply specified that the telltale must 
be visible from the driver and front passenger seating positions and 
that the telltale must be located within the vehicle's interior. These 
conditions allow, but do not require, the placement of the telltale on 
the vehicle dashboard.
    NHTSA proposes to amend FMVSS No. 208 to allow the placement of a 
telltale in a location other than the vehicle dashboard as long as the 
telltale is visible to all occupants of the front seat and is located 
within the vehicle's interior. This second requirement is being 
proposed because it would make FMVSS No. 208 consistent with Part 595 
and because NHTSA believes external conditions like rain or snow could 
prevent the telltale from being clearly visible at all times.
    The agency seeks comment on whether there would be any degradation 
of safety by not requiring uniformity of the telltale's location, i.e., 
on the vehicle dashboard.

III. Proposed Effective Date

    Since the adoption of the proposal would relieve a restriction 
affecting safety, NHTSA plans to make the proposed amendment effective 
upon issuance of a final rule. NHTSA believes a delayed effective date 
would serve no purpose since the proposed changes would permit, but not 
require a change in the location of the switch telltale.

[[Page 38797]]

IV. 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 insignificant under the Department of Transportation's 
regulatory policies and procedures. NHTSA believes that this proposal, 
if adopted, would result in no additional cost to manufacturers and 
consumers as the proposal would only expand available options for the 
design of a telltale for factory-installed air bag on-off switches. 
Accordingly, the agency believes that the economic impacts of this 
proposal would be so minimal as not to warrant the preparation of a 
full regulatory evaluation.

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. As explained above, this proposal would have minimal 
economic impact.

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 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.

V. Comments

    Interested persons are invited to submit comments on this proposal. 
It is requested but not required that two 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 two 
copies from which the purportedly confidential information has been 
deleted should be submitted to Docket Management. 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 
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. 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, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, it is proposed that 49 CFR Part 
571 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. Paragraph S4.5.4.3 of Section 571.208 would be revised to read 
as follows:


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

* * * * *
    S4.5.4.3  A telltale light in the interior of the vehicle shall be 
illuminated whenever the passenger air bag is turned off by means of 
the on-off switch. The telltale shall be clearly visible to occupants 
of all front seating positions. The telltale:
    (a) Shall be yellow;
    (b) Shall have the identifying words ``PASSENGER AIR BAG OFF'' on 
the telltale or within 25 millimeters of the telltale;
    (c) Shall remain illuminated for the entire time that the air bag 
is ``off'';
    (d) Shall not be illuminated at any time when the air bag is 
``on''; and,
    (e) Shall not be combined with the readiness indicator required by 
S4.5.2 of this standard.
* * * * *
    Issued on July 14, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-19155 Filed 7-17-98; 8:45 am]
BILLING CODE 4910-59-U