[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34409-34411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11965]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2007-27662]
Federal Motor Vehicle Safety Standards; Electronic Stability
Control Systems; Correction
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Correcting amendments.
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SUMMARY: In April 2007, the agency published a final rule establishing
a new Federal motor vehicle safety standard on electronic stability
control (ESC) systems for light vehicles. As part of that rulemaking,
the final rule notice stated that NHTSA had decided to defer the
standard's requirements related to the ESC telltales and controls until
the end of the phase-in period (i.e., until September 1, 2011).
Accordingly, most of the paragraphs containing ESC telltale and control
requirements were prefaced with the phrase ``as of September 1, 2011.''
However, that phrase was inadvertently omitted from two of the
paragraphs setting forth ESC telltale and control requirements. These
amendments correct this administrative error by adding the phrase ``as
of September 1, 2011'' to those paragraphs.
DATES: This rule is effective June 22, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Patrick Boyd, Office of Crash
Avoidance
[[Page 34410]]
Standards, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-6346.
Fax: (202) 366-7002.
SUPPLEMENTARY INFORMATION: Crash data studies of existing vehicles with
electronic stability control demonstrate that such systems reduce
single-vehicle crashes of passenger cars by 34 percent and single-
vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a
much greater percentage reduction of rollover crashes. NHTSA estimates
that ESC has the potential to prevent 71 percent of the passenger car
rollovers and 84 percent of the SUV rollovers that would otherwise
occur in single-vehicle crashes.
On April 6, 2007, NHTSA published a final rule establishing a new
Federal motor vehicle safety standard (FMVSS) No. 126, Electronic
Stability Control Systems, that set forth requirements for ESC systems
for new light vehicles (72 FR 17236).\1\ FMVSS No. 126 contains
performance requirements that include both definitional and dynamic
testing elements, in order to ensure that ESC systems can provide the
level of yaw (directional) stability (with interventions to limit
oversteer and understeer) associated with the high level of safety
benefits observed in crash data studies of ESC-equipped vehicles, and
it also contains requirements for a standardized set of ESC telltales
and controls. Most of the ESC-equipped vehicles currently being
manufactured can satisfy the new standard's requirements for yaw
stability performance (i.e., the requirements which have the potential
to prevent crashes), but none use the exact set of telltales and
controls that the standard requires.
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\1\ Docket No. NHTSA-2007-27662-1.
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In order to provide the U.S. fleet with the substantial safety
benefits of ESC as soon as possible, NHTSA decided to defer the
standard's requirements related to the ESC telltales and controls until
the end of the phase-in period. In addition, we note that the final
rule also accelerated the phase-in schedule beyond the schedule
proposed in the September 2006 notice of proposed rulemaking (NPRM).\2\
Specifically, the final rule for FMVSS No. 126 requires the following
phase-in schedule for ESC: 55 percent of a vehicle manufacturer's light
vehicles manufactured during the period from September 1, 2008 to
August 31, 2009 would be required to comply with the standard; 75
percent of those manufactured during the period from September 1, 2009
to August 31, 2010; 95 percent of those manufactured during the period
from September 1, 2010 to August 31, 2011, and all light vehicles
thereafter. (This compares to the NPRM's proposal for a 30/60/90/all
phase-in schedule over the same time periods.) The final rule also
noted that some manufacturers will have to depend upon carry-forward
credits for vehicles with complying ESC systems manufactured after June
5, 2007 (the effective date of the final rule) in order to meet the
accelerated phase-in schedule.
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\2\ 71 FR 54712 (Sept. 18, 2006) (Docket No. NHTSA-2006-25801-
1).
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Thus, given the agency's intention to encourage rapid installation
of this life-saving technology, we chose to defer the requirements of
the standard regarding telltales and displays. Although the agency
perceived certain advantages with standardizing the presentation of ESC
controls and displays, it was not practicable to implement those
changes in keeping with the accelerated phase-in schedule, which we
expected to produce tangible safety benefits. Accordingly, we decided
to preface paragraphs S5.3.1, S5.3.2, S5.3.4, S5.4.2, S5.5.2, S5.5.3,
and S5.5.6 of Standard No. 126 with the phrase ``as of September 1,
2011.'' However, that phrase was inadvertently omitted from paragraphs
S5.3.3 and S5.4.3, two other provisions (discussed below) containing
ESC control and display requirements.
Paragraph S5.3.3 has the effect of requiring separate telltales for
ESC malfunction warning and for the warning that ESC has been turned
off. The standard also established separate symbols for the two
conditions. However, this is not how most current vehicles equipped
with ESC are manufactured. Typically, such vehicles today utilize the
same telltale to present messages for both ESC malfunction and ESC Off.
The inadvertent omission of ``as of September 1, 2011'' from this
paragraph imperils the chances of most manufacturers to comply with the
phase-in schedule and, concomitantly, with the agency's safety
objectives manifest in the ESC standard.
Paragraph S5.4.3 deals with controls such as that which puts a
four-wheel-drive vehicle into the off-road mode by locking the
differentials and transfer case. When the differentials are locked, ESC
cannot function, and the differential locking control automatically
disables ESC to avoid damaging the vehicle. Paragraph S5.4.3 requires
the ``ESC-Off'' telltale to be illuminated in this circumstance.
However, vehicles in current production do not have this function, and
the carry-forward and phase-in credits for four-wheel-drive vehicles
with off-road modes are imperiled by the inadvertent omission of the
phrase ``as of September 1, 2011'' at the end of the section.
Accordingly, this notice corrects the inadvertent omissions of the
phrase ``as of September 1, 2011'' in paragraphs S5.3.3 and S5.4.3
resulting from administrative error.
This amendment is a technical one, and it does not impose or relax
any substantive requirements or burdens on manufacturers. Therefore,
NHTSA finds for good cause that any notice and opportunity for comment
on these correcting amendments are not necessary.
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.
0
Accordingly, 49 CFR part 571 is corrected by making the following
correcting amendments:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 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. Paragraphs S5.3.3 and S5.4.3 of Sec. 571.126 are revised to read as
follows:
Sec. 571.126 Standard No. 126; Electronic stability control systems.
* * * * *
S5.3 ESC Malfunction * * *
* * * * *
S5.3.3 As of September 1, 2011, except as provided in paragraph
S5.3.4, the ESC malfunction telltale must illuminate only when a
malfunction(s) exists and must remain continuously illuminated under
the conditions specified in S5.3 for as long as the malfunction(s)
exists, whenever the ignition locking system is in the ``On'' (``Run'')
position; and
* * * * *
S5.4 ESC Off and Other System Controls * * *
* * * * *
S5.4.3 A control for another system that has the ancillary effect
of placing the ESC system in a mode in which it no longer satisfies the
performance requirements of S5.2.1, S5.2.2, and S5.2.3 need not be
identified by the ``ESC Off'' identifiers in Table 1 of Standard No.
101 (49 CFR 571.101), but the ESC status must be identified by the
``ESC Off'' telltale in accordance with S5.5, as of September 1, 2011.
* * * * *
[[Page 34411]]
Issued: June 15, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-11965 Filed 6-21-07; 8:45 am]
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