[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Proposed Rules]
[Pages 14673-14675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2836]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[U.S. DOT Docket Number NHTSA-2005-22655]


Federal Motor Vehicle Safety Standards; Steering Control Rearward 
Displacement

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S. 
Department of Transportation.

ACTION: Denial of petition for rulemaking.

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SUMMARY: On July 28, 2004, NHTSA received a petition for rulemaking 
from Honda Motor Company Ltd. requesting that the agency amend the 
applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 204, 
``Steering control rearward displacement.'' Specifically, it petitioned 
to exempt vehicles that already comply with the unbelted frontal 
barrier crash requirements of FMVSS No. 208, ``Occupant crash 
protection.'' This notice denies this petition for rulemaking.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Christopher 
Wiacek, Office of Crashworthiness Standards, NVS-112, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590. Telephone: (202) 366-4801. Fax: (202) 493-2290.
    For legal issues: Christopher Calamita, Office of Chief Counsel, 
NCC-112,

[[Page 14674]]

National Highway Traffic Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-
3820.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of FMVSS No. 204 is to reduce driver injuries and 
fatalities by limiting the rearward motion of the steering column in 
frontal crashes. FMVSS No. 204 requires that the upper end of the 
steering column and shaft in the vehicle shall not be displaced more 
than 127 mm in a horizontal rearward direction parallel to the 
longitudinal axis of the vehicle after a 48 km/h perpendicular impact 
into a fixed collision barrier. The standard applies to passenger cars 
and trucks, buses or multipurpose vehicles with a gross vehicle weight 
rating of 4,536 kg or less and an unloaded vehicle weight of 2,495 kg 
or less.
    On July 20, 1987, Mitsubishi Motors America Inc., submitted a 
petition for rulemaking requesting that the agency amend FMVSS No. 204 
to exclude vehicles that comply with the frontal barrier crash test 
requirements of FMVSS No. 208, ``Occupant crash protection,'' by means 
other than safety belts. The petition stated that FMVSS No. 204 is 
directed at reducing the likelihood of chest, neck and head injuries, 
which the petitioner said unnecessarily duplicates the protection 
provided by air bags. In response, NHTSA denied the petition on January 
13, 1988 (53 FR 780), stating, ``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. 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.'' Consequently, no amendment to the standard was made.
    Several years later, NHTSA had undertaken a review of its 
regulations and directives pursuant to the March 4, 1995, Regulatory 
Reinvention Initiative by the President. During the course of the 
review, the agency identified several regulations that were potential 
candidates for rescission or amendment. One of these regulations was 
FMVSS No. 204. On November 16, 1995, the agency issued a notice of 
proposed rulemaking (NPRM) (60 FR 221) to exclude certain vehicles from 
the application of the standard, such as passenger cars and other light 
vehicles that complied with the frontal barrier crash test requirements 
S5.1 of FMVSS No. 208. The agency stated, 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 the 
regulation.
    In response to the NPRM, the agency received six comments. Four of 
the commenters, the Insurance Institute for Highway Safety (IIHS), 
Mitsubishi Motors of America, Volkswagen and the American Automobile 
Manufacturers Association (AAMA), concurred with the proposed 
exemptions. The IIHS stated that the current dynamic test in FMVSS No. 
208 with an unbelted dummy is more than sufficient to limit excessive 
steering control rearward displacement. Mitsubishi supported the 
exemptions based upon the reasons cited in its July 20, 1987 petition. 
Volkswagen stated it would reduce testing burden and vehicle cost. The 
AAMA concurred with the exemptions by stating that for an air bag-
equipped vehicle, the steering column location must remain relatively 
stable during a FMVSS No. 208 barrier test to consistently meet the 
test requirements.
    Two commenters, the Advocates for Highway and Auto Safety 
(Advocates) and LAS-KDS, Inc. opposed the exemptions. The Advocates 
stated without the standard, the steering column would move rearward, 
even closer to the driver, prior to air bag deployment. If this 
occurred, there would be a very forceful impact of the air bag on the 
driver because the driver would be closer to the steering wheel. LAS-
KDS, Inc. agreed that vehicles will continue to meet the requirements 
of FMVSS No. 208, but said that in more severe crashes the exclusion 
from the FMVSS No. 204 requirements will remove an important safety 
margin and reintroduce the hazard or injuries associated with the 
``spear-like'' qualities from the rearward travel of the steering 
column.
    On July 20, 1998, NHTSA terminated rulemaking on FMVSS No. 204 (63 
FR 38799) since the agency temporarily allowed manufacturers to certify 
vehicles to the occupant protection standard based upon an unbelted 
sled test and a belted barrier test. The capability of the steering 
column to provide a stable platform for the air bag was not tested in a 
FMVSS No. 208 sled test option for unbelted occupants since no 
structural deformation of the vehicle structure occurred.
    On May 12, 2000, NHTSA amended FMVSS No. 208 to require that future 
air bags be designed to create less risk of serious air bag induced 
injuries, particularly for small women and young children; and provide 
improved frontal crash protection for all occupants, by means that 
include advanced air bag technology (65 FR 30680; advanced air bag 
rule). To achieve these goals, it added a variety of new test 
requirements, test procedures and injury criteria, using an assortment 
of new dummies. Among the requirements, it replaced both the unbelted 
sled test option and the original 0-48 km/h unbelted barrier crash test 
option with a single 32-40 km/h unbelted barrier crash test for 
assessing the protection of unbelted occupants. This amendment to the 
standard will be fully effective September 1, 2006.

II. The Petition

    On July 28, 2004, Honda Motor Company Ltd. (Honda) submitted a 
petition for rulemaking requesting that NHTSA amend the applicability 
of FMVSS No. 204 to include the words ``However, it does not apply to 
vehicles that conform to the frontal barrier crash requirements of 
(S5.1) of Standard No. 208 (49 CFR 571.208) by means of other than seat 
belt assemblies.'' The petitioner stated that after September 1, 2006, 
the advanced air bag requirements of FMVSS No. 208 would be applicable 
to all light vehicles. After that date, the unbelted sled test option 
will not be allowed and frontal barrier crash tests with restrained and 
unrestrained dummies will be required. Honda believes that the FMVSS 
No. 208 injury criteria could be used as a measure for excessive 
contact or movement of the steering controls, which are consistent with 
FMVSS No. 204. Honda stated that the proposed amendment would eliminate 
redundancy between FMVSS Nos. 204 and 208.

III. Analysis of Petition

    In support of its petition, Honda relied on the fact that the 
agency published a NPRM in 1995 proposing to exclude certain vehicles 
from complying with FMVSS No. 204. It suggested that circumstances now 
warrant NHTSA's re-examination of the necessity of FMVSS No. 204 as it 
relates to the advanced air bag requirements. However, NHTSA disagrees 
with the petitioner's rationale for two reasons. First, FMVSS No. 208 
no longer requires a 0-48 km/h unbelted barrier crash test, as it had 
in 1995. The advanced air bag

[[Page 14675]]

final rule amended FMVSS No. 208 such that the maximum unbelted barrier 
crash test speed is lower and the range is more narrowly defined as 32-
40 km/h. Second, vehicle structures and their air bag systems have 
changed considerably since 1995. The petitioner provided no data to 
support a re-examination of how FMVSS No. 204 relates to vehicles 
certified to the advanced air bag requirements. Thus, the agency is not 
persuaded that protection provided by FMVSS No. 204 is unnecessary or 
redundant for vehicles equipped with advanced air bags solely based on 
the past proposal. Furthermore, the petitioner provided no data to 
support its assertion that FMVSS No. 208 injury criteria could be used 
as a measure for excessive contact or movement of the steering controls 
during frontal barrier crash tests.
    In the absence of the standard, we do not know what would happen to 
frontal crash protection. We are also not sure if minimizing the 
steering column rearward displacement would remain an industry 
practice. The agency continues to believe that a stable steering column 
for air bag deployment is a fundamental building block for frontal 
occupant protection while the decoupling of the steering wheel also 
minimizes the possible risk of intrusion in real world crashes beyond 
those representing a rigid barrier. Therefore, we believe that FMVSS 
No. 204 has contributed to air bags that perform well in the field. We 
are also unaware that the current standard is prohibiting the 
implementation of new technologies that may improve frontal occupant 
protection. We do plan to conduct a regulatory review of FMVSS No. 204, 
to determine if emerging technologies or injury patterns warrant a 
closer look at the need for revisions to the standard.
    For these reasons discussed above, we are denying Honda's petition 
for rulemaking. In accordance with 49 CFR part 552, this completes the 
agency's review of the petition for rulemaking.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30162; 
delegation of authority at 49 CFR 1.50.

    Issued on: March 20, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 06-2836 Filed 3-22-06; 8:45 am]
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