[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Rules and Regulations]
[Pages 51129-51132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14256]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2005-21244]
RIN 2127-AJ59
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; delay of compliance date.
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SUMMARY: Under the current version of Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, vehicles that are manufactured on or after
September 1, 2006, are certified to the suppression requirements and
have a child restraint anchorage system, commonly referred to as a
Lower Anchors and Tethers for Children or ``LATCH'' system, in the
right front passenger seating position must suppress the air bag for
that position when a child restraint is installed at that position with
the LATCH system. However, the standard does not yet specify detailed
procedures for installing that type of child restraint in order to
conduct the suppression test. In a notice of proposed rulemaking (NPRM)
published May 19, 2005, NHTSA proposed the needed installation
procedures and proposed an effective date for the final rule following
the NPRM. The agency anticipated in the NPRM that a final rule would be
issued by September 1, 2006, that provided sufficient leadtime for
vehicles to meet the suppression requirements with LATCH-equipped child
restraints.
Because we have not completed our response to the comments to the
NPRM, this final rule delays, for one year, the compliance date of the
requirement for vehicles to meet the air bag suppression requirement
with LATCH-equipped child restraints. This delay allows us additional
time to publish our final action on the rulemaking.
DATES: The amendments made by this final rule are effective September
1, 2006. The compliance date for the requirement for vehicles to meet
the air bag suppression requirements with LATCH-equipped child
restraints is delayed until September 1, 2007.
Petitions for reconsideration: Petitions for reconsideration of
this final rule must be received not later than October 13, 2006.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket and notice number set forth above and be submitted to the
Administrator, National Highway Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC 20590, with a copy to Docket
Management, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590.
Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see
the Privacy Act heading under Rulemaking Analyses and Notices.
Docket: For access to the docket to read background documents, go
to http://dms.dot.gov, or to Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Carla Cuentas, Office of
Crashworthiness Standards, Light Duty Vehicle Division (telephone 202-
366-1740, fax 202-493-2739); or Deirdre Fujita, Office of Chief Counsel
(telephone 202-366-2992, fax 202-366-3820). Both of these officials can
be reached at the National Highway Traffic Safety Administration, 400
Seventh St., SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
[[Page 51130]]
I. Background
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant
crash protection'' (49 CFR 571.208), requires passenger vehicles to be
equipped with safety belts and frontal air bags for the protection of
vehicle occupants in crashes. On May 12, 2000, NHTSA published a final
rule to require that air bags be designed to provide improved frontal
crash protection for all occupants, by means that include advanced air
bag technology (``Advanced Air Bag Rule,'' 65 FR 30680, Docket No.
NHTSA 00-7013). Under the Advanced Air Bag Rule, manufacturers are
provided several compliance options in order to minimize the risk to
infants and small children from deploying air bags, including an option
to suppress an air bag in the presence of a child restraint system
(CRS).
Manufacturers choosing to rely on an air bag suppression system to
minimize the risk to children in a CRS must ensure that the vehicle
complies with the suppression requirements when tested with the CRSs
specified in Appendix A of the standard (see S19, S21 and S23 of FMVSS
No. 208). On November 19, 2003, NHTSA revised Appendix A by adding two
CRSs that are equipped with components that attach to a vehicle's LATCH
\1\ system (68 FR 65179, Docket No. NHTSA 03-16476). On August 20,
2004, the agency responded to a request for additional leadtime by
extending the compliance date (from September 1, 2004 to September 1,
2006). Thus, under that final rule, vehicles manufactured on or after
September 1, 2006, and certified as meeting the suppression
requirements must meet the requirements when tested with the LATCH-
equipped CRSs installed on a LATCH system (69 FR 51598; Docket No.
NHTSA 2004-18905).
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\1\ ``LATCH'' stands for ``Lower Anchors and Tethers for
Children,'' a term that was developed by child restraint
manufacturers and retailers to refer to the standardized child
restraint anchorage system that vehicle manufacturers must install
in vehicles pursuant to FMVSS No. 225 Child Restraint Anchorage
Systems (49 CFR 571.225). The Latch system is comprised of two lower
anchorages and one tether anchorage. Each lower anchorage is a rigid
round rod or bar onto which the connector of a child restraint
system can be attached. FMVSS No. 225 does not permit vehicle
manufacturers to install LATCH systems in front designated seating
positions unless the vehicle has an air bag on-off switch meeting
the requirements of S4.5.4 of FMVSS No. 208.
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The NPRM
FMVSS No. 208 currently does not provide a specific procedure for
installing a LATCH-equipped CRS in a vehicle in order to conduct air
bag suppression testing. To address this, NHTSA published an NPRM on
May 19, 2005, proposing a specific procedure for installing LATCH-
equipped CRSs (70 FR 28878, Docket 21244; extension of comment period,
July 13, 2005, 70 FR 40280). The agency believed that the procedure,
which was based on how CRSs are installed in the real world, would
provide for repeatable and reproducible installation of the child
restraints (70 FR 28878; Docket 21244).
II. Extension of Compliance Date
The Alliance of Automobile Manufacturers (the Alliance) submitted
several comments on the NPRM. General Motors, a member of the Alliance,
also commented separately. These commenters expressed concerns that
aspects of the proposed test procedure allowed for ``too much
variability to be a suitable test procedure'' (Alliance comment, August
17, 2005), and recommended a number of modifications to improve the
procedure.
Because we have not completed our response to the comments to the
NPRM, and due to the closeness of the September 1, 2006 compliance
date, this final rule delays, for one year, the effective date of the
requirement that vehicles manufactured certify that their vehicles
comply with the suppression requirements when tested with the LATCH-
equipped CRSs. This delay allows us additional time to take final
action on the proposal. As to whether additional lead time beyond that
provided by the September 1, 2007 date is needed to allow for
manufacturer implementation of the test procedures, that issue will be
addressed by the final rule completing this rulemaking action (RIN
2127-AJ59).
We find good cause for making this rule delaying the current
September 1, 2006 compliance date effective in less than 30 days, i.e.,
September 1, 2006. For reasons discussed in our proposal, we
tentatively concluded that certain amendments should be made that would
provide needed guidance to manufacturers, and also that the compliance
date of the relevant requirements should be delayed. If the September
1, 2006 compliance date were not changed, the absence of any
established test procedures would affect the ability of manufacturers
to certify compliance with those requirements.
III. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed by the Office of
Management and Budget under E.O. 12866. It is not considered to be
significant under E.O. 12866 or the Department's Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). This document delays
the date on which a requirement that certain vehicles meet the air bag
suppression requirements with LATCH-equipped CRSs is to become
effective. Since the delay maintains the status quo, manufacturers will
incur no costs as a result of this document The impacts of today's
amendment are so minimal so as not to warrant preparation of a
regulatory evaluation.
B. Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act, 5 U.S.C. 60l et
seq., NHTSA has evaluated the effects of this action on small entities.
I hereby certify that this final rule will not have a significant
impact on a substantial number of small entities. The delay of the
effective date preserves the status quo and will not affect the
responsibilities of small entities.
C. Executive Order No. 13132
NHTSA has analyzed this final rule in accordance with the
principles and criteria set forth in Executive Order 13132, Federalism,
and has determined that this rule does not have sufficient Federal
implications to warrant consultation with State and local officials or
the preparation of a Federalism summary impact statement. The rule will
not have any substantial impact on the States, or on the current
Federal-State relationship, or on the current distribution of power and
responsibilities among the various local officials. However, 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.
D. National Environmental Policy Act
NHTSA has analyzed this rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action would not have any significant impact on the quality of
the human environment.
[[Page 51131]]
E. Paperwork Reduction Act
Under the new procedures established by the Paperwork Reduction Act
of 1995, a person is not required to respond to a collection of
information by a Federal agency unless the collection displays a valid
OMB control number. This final rule does not establish any new
information collection requirements.
F. National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Public Law 104-113), ``all Federal agencies and departments
shall use technical standards that are developed or adopted by
voluntary consensus standards bodies, using such technical standards as
a means to carry out policy objectives or activities determined by the
agencies and departments.'' There are no voluntary consensus standards
affecting this final rule.
G. Civil Justice Reform
This final rule will not have any retroactive effect. As noted
above in the discussion of Executive Order No. 13132, 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.
H. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This final rule will
not result in expenditures by State, local or tribal governments, in
the aggregate, or by the private sector in excess of $100 million
annually.
I. Executive Order 13045
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under E.O. 12866, and (2) concerns an environmental, health, or
safety risk that NHTSA has reason to believe may have a
disproportionate effect on children. This final rule is not subject to
the Executive Order because it is not economically significant as
defined in E.O. 12866.
J. Executive Order 13211
Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rule that: (1) Is determined to be economically significant as defined
under E.O. 12866, and is likely to have a significantly adverse effect
on the supply of, distribution of, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. This final rule is
not subject to E.O. 13211.
K. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
L. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
0
In consideration of the foregoing, NHTSA amends chapter V of title 49
of the Code of Federal Regulations by amending 49 CFR part 571 as
follows:
PART 571--[AMENDED]
0
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.
0
2. Section 571.208 is amended by revising section C of Appendix A, to
read as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
Appendix A to Sec. 571.208--Selection of Child Restraint Systems
* * * * *
C. Any of the following forward facing toddler and forward-
facing convertible child restraint systems, manufactured on or after
December 1, 1999, may be used by the National Highway Traffic Safety
Administration to test the suppression system of a vehicle that is
manufactured on or after the effective date and prior to the
termination date specified in the table below and that has been
certified as being in compliance with 49 CFR 571.208 S19, or S21.
(Note: Any child restraint listed in this subpart that is not
recommended for use in a rear-facing position by its manufacturer is
excluded from use in S20.2.1.4):
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Effective and termination dates
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January 17, 2002 September 1, 2007
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Britax Roundabout 161............ Effective......... Remains
Effective.
Britax Expressway................ .................. Effective.
Century Encore 4612.............. Effective......... Remains
Effective.
Century STE 1000 4416............ Effective......... Remains
Effective.
Cosco Olymp ian 02803............ Effective......... Remains
Effective.
Cosco Touriva 02519.............. Effective......... Remains
Effective.
Evenflo Horizon V 425............ Effective......... Remains
Effective.
Evenflo Medallion 254............ Effective......... Remains
Effective.
Safety 1st Comfort Ride 22-400... .................. Effective.
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[[Page 51132]]
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Issued: August 22, 2006.
Nicole R. Nason,
Administrator.
[FR Doc. E6-14256 Filed 8-28-06; 8:45 am]
BILLING CODE 4910-59-P