[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Rules and Regulations]
[Pages 51132-51134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14259]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2006-24497]
RIN 2127-AI93


Federal Motor Vehicle Safety Standards; Occupant Protection in 
Interior Impact

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

ACTION: Final rule; delay of compliance date.

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SUMMARY:  Our safety standard on occupant protection in interior impact 
requires, in part, that light vehicles provide head protection when an 
occupant's head strikes upper interior components, such as pillars, 
side rails, headers, and the roof during a crash. While these 
requirements already apply to most vehicles, the compliance date for 
altered vehicles and vehicles built in two or more stages is September 
1, 2006. In April 2006, we responded to two petitions for rulemaking by 
proposing certain amendments to the head protection requirements as 
they apply to these vehicles. We also proposed to delay the compliance 
date of the requirements for these vehicles until September 1, 2008. 
Given the short period of time until the current September 1, 2006 
compliance date, and as a partial step toward completing action on the 
April 2006 proposal, we are, by this final rule, delaying the 
compliance date for one year. This will give us time to fully analyze 
the comments and reach a decision on other aspects of the proposal, 
including the proposed additional delay in the compliance date.

DATES: The amendments made by this final rule are effective September 
1, 2006. The compliance date for the head impact protection 
requirements for altered vehicles and vehicles built in two or more 
stages 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 documents 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: The following persons at the National 
Highway Traffic Safety Administration, 400 7th Street, SW., Washington, 
DC 20590:
    For technical and policy issues: Lori Summers, Office of 
Crashworthiness Standards, telephone: (202) 366-4917, facsimile: (202) 
366-4329, e-mail: [email protected].
    For legal issues: Edward Glancy, Office of the Chief Counsel, 
telephone: (202) 366-2992, facsimile: (202) 366-3820.

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard 
(FMVSS) No. 201, Occupant Protection in Interior Impact, requires, in 
part, that light vehicles provide head protection when an occupant's 
head strikes upper interior components, such as pillars, side rails, 
headers, and the roof during a crash. While these requirements already 
apply to most vehicles, the compliance date for altered vehicles and 
vehicles built in two or more stages is September 1, 2006.
    The Recreation Vehicle Industry Association (RVIA) and the National 
Truck Equipment Association (NTEA) petitioned the agency to exclude 
permanently certain types of altered vehicles and vehicles manufactured 
in two or more stages from these requirements. On April 24, 2006, NHTSA 
published in the Federal Register (71 FR 20932) a document responding 
to these petitions for rulemaking and proposing certain amendments to 
the standard.
    Based on a careful consideration of both the safety benefits of the 
upper interior protection requirements, and practicability concerns 
relating to vehicles built in two or more stages and certain altered 
vehicles, we proposed to limit these requirements to only the front 
seating positions of those vehicles. Further, we tentatively concluded 
that it is appropriate to exclude a narrow group of multi-stage 
vehicles delivered to the final stage manufacturer without an occupant 
compartment because of impracticability concerns.
    We also proposed to delay the effective date of the head impact 
protection requirements as they apply to final stage manufacturers and 
alterers until September 1, 2008.
    We received two comments on the proposal, from RVIA and NTEA. Both 
commenters supported delaying the existing compliance date. The two 
commenters also each raised a number of issues about certain aspects of 
our proposal, and asked the agency to provide additional relief.
    Given the short period of time until the current September 1, 2006 
compliance date, and as a partial step toward completing action on the 
April 2006 proposal, we have decided, at this time, to delay the 
compliance date for one year. This will give us time to fully analyze 
the comments and reach a decision on other aspects of the proposal, 
including the proposed additional delay in the compliance date.
    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 April 2006 proposal, we 
have tentatively concluded that certain amendments should be made that 
would provide relief to final stage manufacturers and alterers, and 
also that the compliance date of the relevant requirements should be 
delayed. If the September 1, 2006 compliance date were not changed, it 
is likely that some final stage manufacturers and alterers would need 
to immediately stop producing or altering some of the specialty 
vehicles they provide.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:

[[Page 51133]]

    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President'spriorities, or the principles set forth in the 
Executive Order.
    This final rule was not reviewed under Executive Order 12866. It is 
not significant within the meaning of the DOT Regulatory Policies and 
Procedures. It does not impose any new burdens on manufacturers of 
vehicles built in two or more stages or vehicle alterers. It only 
delays the compliance date for certain existing requirements as they 
apply to multistage vehicles and alterers.
    The agency believes that this impact is so minimal as to not 
warrant the preparation of a full regulatory evaluation.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires agencies to evaluate the potential effects of their rules on 
small businesses, small organizations and small governmental 
jurisdictions. I have considered the effects of this rulemaking action 
under the Regulatory Flexibility Act and certify that it will not have 
a significant economic impact on a substantial number of small 
entities.
    Under 13 CFR 121.201, the Small Business Administration (SBA) 
defines small business (for the purposes of receiving SBA assistance) 
as a business with less than 750 employees. Most of the manufacturers 
of recreation vehicles, conversion vans, and specialized work trucks 
are small businesses that alter completed vehicles or manufacture 
vehicles in two or more stages. While the number of these small 
businesses is substantial, the economic impact upon these entities will 
not be significant because this document only delays the compliance 
date of certain existing requirements as they apply to multistage 
vehicles and alterers.

C. 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 will not have any significant impact on the quality of 
the human environment. Accordingly, no environmental assessment is 
required.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it 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.

E. Unfunded Mandates 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 
($120.7 million as adjusted annually for inflation with base year of 
1995). The assessment may be combined with other assessments, as it is 
here.
    This rule will not result in expenditures by State, local or tribal 
governments or automobile manufacturers and/or their suppliers of more 
than $120.7 million annually. It will not impose any new burdens on 
manufacturers of vehicles built in two or more stages or vehicle 
alterers.

F. Executive Order 12988 (Civil Justice Reform)

    This 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 a suit in 
court.

G. Paperwork Reduction Act

    There are no information collection requirements in this rule.

H. 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.

I. Privacy Act

    Anyone is able to search the electronic form of all documents 
received into any of our dockets by the name of the individual 
submitting the document (or signing the document, 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.

Regulatory Text

List of Subjects in 49 CFR Part 571

    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 of part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 2011, 30115, 30166 and 30117; 
delegation of authority at 49 CFR 1.50.


0
2. Section 571.201 is amended by revising S6.1.4 through S6.1.4.2 to 
read as follows:


Sec.  571.201  Standard No. 201; Occupant protection in interior 
impact.

* * * * *
    S6.1.4 Phase-in Schedule #4. A final stage manufacturer or alterer 
may, at its option, comply with the requirements set forth in S6.1.4.1 
and S6.1.4.2.

[[Page 51134]]

    S6.1.4.1 Vehicles manufactured on or after September 1, 1998 and 
before September 1, 2007 are not required to comply with the 
requirements specified in S7.
    S6.1.4.2 Vehicles manufactured on or after September 1, 2007 shall 
comply with the requirements specified in S7.
* * * * *

    Issued on: August 22, 2006.
Nicole R. Nason,
Administrator.
[FR Doc. E6-14259 Filed 8-28-06; 8:45 am]
BILLING CODE 4910-59-P