Federal Motor Vehicle Safety Standards; Occupant Crash Protection

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 94]

RIN 2127-AF30

Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Final rule.

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SUMMARY: This final rule allows manufacturers the option of installing

a manual device that motorists could use to deactivate the front

passenger-side air bag in vehicles in which infant restraints can be

used in the front seat only. The affected vehicles are passenger cars

and light trucks without rear seats and vehicles with rear seats that

are too small to accommodate typical rear-facing infant restraints and

convertible infant restraints used in the rear-facing mode (hereafter

referred to as ``typical rear-facing infant restraints''). The

deactivation device is needed because when rear-facing infant

restraints are used in the front seats of dual air bag vehicles, they

extend forward to a point near the dashboard where they can be struck

by a deploying air bag. Testing has shown this to have the potential

for serious injury to infants. The ability to deactivate the passenger

air bag will allow parents to safely use rear-facing infant restraints

in the front seat of these vehicles. The need for the deactivation

device is steadily growing because manufacturers are beginning to

install, and soon will be required to install, passenger-side air bags

in all passenger cars and light trucks.

DATES: Effective Date: The amendments made in this rule are effective

June 22, 1995.

Petition Date: Any petitions for reconsideration must be received

by NHTSA no later than June 22, 1995.

ADDRESSES: Any petitions for reconsideration should refer to the docket

and notice number of this notice and be submitted to: Administrator,

National Highway Traffic Safety Administration, 400 Seventh Street SW.,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Mr. Daniel Cohen, Chief, Frontal Crash Protection Division, Office of

Vehicle Safety Standards, NRM-12, National Highway Traffic Safety

Administration, 400 Seventh Street SW., Washington, DC 20590.

Telephone: (202) 366-2264.

SUPPLEMENTARY INFORMATION:

Background

On October 7, 1994, NHTSA published a notice of proposed rulemaking

(NPRM) which proposed to allow manufacturers the option of installing a

manual device (hereafter referred to as a ``cutoff device'') that

motorists could use to deactivate the front passenger air bag in a

vehicle without rear seats for the purpose of allowing them to safely

use rear-facing infant restraints in the front seat (59 FR 51158).

NHTSA issued the NPRM because one particular type of child restraint,

i.e., a rear-facing infant restraint, should not be placed in the front

seat of a vehicle equipped with a passenger air bag. This poses a

problem because manufacturers are beginning to install, and soon will

be required to install, passenger air bags in vehicles.

While NHTSA had taken a number of steps to warn parents of air bag/

infant restraint interaction problems, members of the American

Automobile Manufacturers Association (AAMA) indicated a need for

further action in a meeting with NHTSA on January 24, 1994.\1\ AAMA

asked for the meeting to explore the possibility of installing an air

bag cutoff device to allow rear-facing infant restraints to be placed

in air bag-equipped passenger seating positions. AAMA representatives

discussed the general concept of an air bag cutoff device, which could

be either automatic or manual. However, the representatives emphasized

that the industry is not quite ready to install automatic devices

because automatic cutoff technology is not yet ready for production. At

the meeting, AAMA asked whether [[Page 27234]] Standard No. 208 would

permit such devices and, if not permitted, whether the agency would

consider initiating rulemaking to permit such devices. As explained in

the October 7 NPRM, NHTSA decided to propose to allow manufacturers to

install a manual cutoff device because of concerns that its warnings

about the use of rear facing infant restraints are of little avail when

a parent must transport his or her infant in a vehicle that is

physically unable to accommodate a child any place other than the front

seat.

\1\ A complete description of various steps NHTSA has taken to

address this problem can be found in the October 7 notice.

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The October 7 NPRM proposed to allow the use of manual cutoff

devices in vehicles with no rear seats, subject to certain conditions.

If installed, the device could only be operable by using the ignition

key and the device would have to be separate from the ignition switch.

Once turned off, the air bag would have to remain off until reactivated

using the ignition key. The agency also proposed requiring a yellow

warning light that was capable of several levels of brightness and bore

the identifying words ``AIR BAG OFF'' to inform vehicle occupants that

the passenger side air bag was off. The warning light could not be

combined with the vehicle's air bag readiness indicator. The vehicle

owner's manual would have to contain complete instructions regarding

the operation of the cutoff device, including warnings about the safety

consequences of misuse. Finally, the device would only have been

allowed for approximately two years to encourage the orderly

development and introduction of automatic cutoff devices.

The agency received 15 comments on the October 7 NPRM. Commenters

included three automobile manufacturers (Ford, Mazda, and Volvo),

GenCorp Aerojet (an equipment manufacturer), Advocates for Highway and

Auto Safety (Advocates), the American Academy of Pediatrics (AAP), the

AAMA, the Automotive Occupant Restraints Council (AORC), the Insurance

Institute for Highway Safety (IIHS), the National Automobile Dealers

Association (NADA), SafetyBeltSafe U.S.A., the Wisconsin Department of

Transportation (DOT), and three private citizens. In general, all

commenters supported the proposal. Automobile manufacturers and the

AAMA believed a number of the conditions in the NPRM were too

restrictive. Safety groups premised their support on the conditions

that NHTSA had proposed placing on manual cutoff devices and on the

limited time during which they would be allowed. All of these comments

were considered by the agency in formulating this final rule, and the

most significant comments are addressed below.

Affected Vehicles

NHTSA proposed to allow, but not require, manual cutoff devices

only in passenger cars and light trucks which do not have forward-

facing rear seats. NHTSA stated that it did not believe that manual

cutoff devices should be allowed in vehicles which can accommodate a

rear-facing infant restraint in the rear seat, because, even in

vehicles without air bags, NHTSA recommends the rear seat as the

optimum location for any child restraint.

Five commenters (Mazda, AAMA, NADA, and the private citizens) asked

NHTSA to allow manual cutoff devices in all vehicles, since parents

often prefer to place infants in the front seat even when a rear seat

is available. Two commenters (Ford and AAMA) said that NHTSA should

also allow the manual cutoff device in vehicles with rear seats that

are too small to accommodate a rear-facing infant restraint. Two other

commenters (Mazda and Advocates) explicitly discussed inadequate rear

seats, and one additional commenter (IIHS) implicitly discussed

inadequate rear seats. The Wisconsin DOT asked NHTSA to also allow

manual cutoff devices in police vehicles. Advocates and IIHS supported

the proposal.

With the exception of including vehicles with a rear seat which is

too small to accommodate a typical rear-facing infant restraint, NHTSA

is not expanding the class of vehicles that are permitted to have a

manual cutoff device. NHTSA does not believe that it should allow all

vehicles to have a manual cutoff device to accommodate parental

preference for placement in the front seat. If any child seat can be

placed in a rear seat, that is the safest position.

As explained previously, two commenters (Ford and AAMA) said that

NHTSA should also allow the manual cutoff device in vehicles with rear

seats that are too small to accommodate a rear-facing infant restraint.

One commenter (Advocates) said that NHTSA should not allow the manual

cutoff device in such vehicles as a rear-facing infant seat can be

accommodated even if the seat is too small for an adult.

In response to these comments, NHTSA examined whether there were

vehicles that had inadequate rear seats \2\ and thus should be allowed

to have a cutoff switch. As stated in the NPRM, NHTSA intended to allow

the cutoff switch whenever a rear-facing infant restraint could not be

accommodated in the rear seat of a vehicle. NHTSA examined this issue

to determine the consistency of that stated intent and its tentative

conclusion that the only vehicles in this category were vehicles

without rear seats. NHTSA obtained dimensional information on rear seat

occupant space and rear-facing infant restraints. After examining rear-

facing infant restraint sizes and rear seat geometries, NHTSA concluded

that some rear-facing infant restraints will not fit in some vehicles

under certain conditions. A complete discussion of NHTSA's research and

methodology can be found in a document titled ``Evaluation of Infant

Seat Fit in Passenger Cars and Light Trucks'' which NHTSA has placed in

the docket for this notice.

\2\ By ``inadequate rear seat,'' the agency is referring to

seats which do not have sufficient fore-and-aft clearance to

accommodate typical rear-facing infant restraints.

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Based on the results presented in that document, NHTSA has modified

this rule to allow the installation of a cutoff device in any vehicle

with less than 720 millimeters between the rearward surface of the

front seat back and the forward surface of the rear seat back, measured

longitudinally in a horizontal line tangent to the highest point of the

rear seat bottom, and with the front seat in its mid-track fore-and-aft

adjustment position. NHTSA estimates that this provision will allow

approximately 27 percent of all passenger cars to have a cutoff device.

NHTSA considered using alternative dimensions for identifying

inadequate rear seats. For example, the agency considered using other

front seat adjustment positions. If the agency used the full forward

position, fewer vehicles would be classified as having inadequate rear

seats. However, that result would be based on an unrealistic position

for the front seat. Many adults could not use the front seat

comfortably in the full-forward position. Alternatively, the agency

could have used the full rear position. That adjustment position would

allow the largest adults to sit comfortably in the front seat. However,

it would also have increased the number of vehicles classified as

having an inadequate rear seat. The mid-track position, which is used

for other Standard No. 208 testing, was chosen as a compromise.

The agency also considered alternative values to represent the

length of rear-facing infant restraints. The agency selected the

average length of the child seats NHTSA measured. By choosing this

measurement, the agency is ensuring that the vehicles which do not have

a cutoff device for the [[Page 27235]] passenger side air bag are those

that have a rear seat large enough to give parents a fairly wide choice

of restraints, including convertible restraints, which will fit in the

rear seat.

While police vehicles could use a manual cutoff device to avoid

interactions with communications and police equipment, NHTSA is not

allowing installation of the device. To keep law enforcement and police

equipment manufacturers informed, Ford and General Motors met with

groups and associations to prepare them for the installation of

passenger side air bags. Ford and General Motors recommend that

equipment not be mounted within the air bag deployment area. Many

equipment manufacturers now produce smaller, more compact police

equipment and mounting devices to facilitate this.

In October 1993, NHTSA, the International Association of Chiefs of

Police, and the Law Enforcement Television Network (LETN), in

conjunction with Ford and General Motors, conducted a seminar, ``Dual

Air Bags: Where Do I Put My Equipment?,'' to explain the deployment

area and safety benefits of passenger side air bags. This seminar was

videotaped by LETN and broadcast at least 25 times. Additionally, NHTSA

duplicated copies of the videotape for dissemination throughout the

nation. Because other means are available to avoid air bag/equipment

interaction, NHTSA is not allowing the installation of the manual

cutoff device in police vehicles.

Phase-Out of Manual Cutoff Devices

In the NPRM, NHTSA tentatively concluded that the installation of

manual cutoff devices should not be permitted indefinitely. The agency

also tentatively concluded that vehicles with air bags having manual

cutoff devices should not be counted toward compliance with the phase-

in for air bags. Further, the agency said that manual cutoff devices

should be prohibited in all passenger cars manufactured on or after

September 1, 1997, and all light trucks manufactured on or after

September 1, 1997, and all light trucks manufactured on or after

September 1, 1998. These are the dates on which 100 percent compliance

is required by 49 U.S.C. 30127. To implement these proposals, NHTSA

proposed to amend S4.1.5.1(b)'s definition of an ``inflatable restraint

system,'' a term used in the paragraphs relating to the air bag

requirements, to state that it does not include an air bag that can be

deactivated by a manual cutoff device. NHTSA stated that it believed

this several year period would give manufacturers time to develop and

introduce automatic cutoff devices.

Five commenters (Ford, Mazda, AAP, AAMA and a private citizen)

expressed concern that automatic cutoff devices might not be available

before the end of the period in which manual cutoff devices would be

allowed. Four commenters (GenCorp, Advocates, AORC, and IIHS) expressed

confidence that automatic cutoff devices would be available before the

end of this time period.

NHTSA is not extending the time period in which manual cutoff

devices would be allowed. First, one of the commenters which expressed

confidence that automatic cutoff devices would soon be available was

GenCorp, a company which develops such devices. Another, AORC, is an

organization whose member companies (equipment manufacturers, some of

whom develop such devices) ``are confident that satisfactory automatic

solutions will be successfully developed on a timely basis.'' Second,

in the discussion of automatic devices in many of the comments, it is

clear that the vehicle manufacturers were discussing more sophisticated

sensors, i.e., one that would deactivate the air bag in a number of

situations, not just when a rear-facing infant seat is present.

Two commenters, AAMA and Ford, asked for confirmation that an LTV

with a driver's air bag, and a passenger side air bag with a manual

cutoff device would quality for the ``one truck credit'' and the ``1.5

truck credit'' during the phase-in periods for the automatic protection

and mandatory air bag requirements. The ``one truck credit'' permits

light trucks equipped with an air bag for the driver and a manual lap/

shoulder belt for the front passenger to count as one truck towards the

phase-in requirements for both automatic protection and mandatory air

bags. The ``1.5 truck credit'' permits light trucks equipped with an

air bag for the driver and some type of automatic protection for the

front passenger to count as 1.5 trucks towards the phase-in

requirements for automatic protection only.

With regard to the ``one truck credit,'' these commenters are

correct. Since a vehicle with a driver's air bag would qualify for

credit as one vehicle toward both the automatic protection requirement

and the mandatory air bag requirement with a manual belt system alone,

it would also qualify for the credit if equipped with a voluntarily-

installed air bag with a manual cutoff device, presuming the vehicle

had a manual belt on the passenger side.

With regard to the ``1.5 truck credit'' during the automatic

restraint phase-in, NHTSA has decided that a vehicle with a passenger

air bag equipped with a manual cutoff device should quality for this

credit. While such a system does not provide the equivalent level of

automatic protection to the passenger as an air bag without a cutoff

device, NHTSA believes that it provides a greater level of occupant

protection than a manual lap/shoulder belt alone, and warrants

additional credit. No change in the regulatory text is required to

allow this credit as the amended definition of ``inflatable restraint''

does not apply to S4.1.2.1(a), the section the passenger seating

position must comply with to qualify for the credit.

Means of Activation

NHTSA proposed to require the use of the ignition key to activate

the cutoff device. NHTSA believed this requirement would make the

device simple and easy to use, but still require conscious thought and

deliberate action on the part of the user. In addition, it would also

place control of the device in the hands of the driver, thereby

minimizing the likelihood of accidental or inappropriate activation.

IIHS said that the device should not be activated by the ignition

key, but that NHTSA should require a means to prevent inadvertent

activation (i.e., shielded switches). AAMA and Ford asked the agency to

delete the word ``only'' to permit ``other ignition keys similar but

not identical to the ignition key.'' Ford expressed its believe that

alternate means of activation would not be so effective in meeting

NHTSA's goals. Mazda stated that it believed it would be sufficient to

require a means to prevent inadvertent activations without specifying

the use of the ignition key.

After reviewing these comments, NHTSA has decided to retain the

requirement that the cutoff device be activated by an ignition key,

though not requiring it to be an identical ignition key. NHTSA believes

that this addresses IIHS's concern that, if a parent forgot to turn off

the air bag prior to starting the car, they would be unlikely to turn

off the car to deactivate the air bag, leaving an infant at risk if the

air bag deployed. NHTSA does not believe that Mazda's suggestion is

appropriate, since there is no objective means of determining that

inadvertent activation is not likely.

As explained in AAMA's comment, the use of the identical ignition

key would require cutoff devices ``to be equipped with lock tumblers

and manufactured and stocked in the many key combinations used to deter

vehicle [[Page 27236]] theft.'' AAMA believed this would increase the

risk that the driver would be unable to deactivate the air bag, either

because non-matching lock tumblers were installed at the factory, or

because the ignition lock was replaced with a non-matching key

cylinder. Deleting the word ``only'' from the regulatory text will

allow manufacturers to install a lock on the cutoff device which has

fewer tumblers than the locks used in ignitions. While the ignition key

will operate both the ignition and the cutoff device, manufacturers

will also be able to provide a separate key which operated only the

cutoff device.

Air Bag Reactivation

NHTSA proposed to require that manual cutoff devices be designed so

that, once the cutoff device has been used to deactivate the air bag,

the air bag will remain deactivated until it is manually reactivated by

means of the cutoff device. NHTSA requested comments on whether it

should, in the alternative, require that the air bag be automatically

reactivated when the vehicle is turned off. NHTSA explained that its

ultimate decision would be based on weighing the relative risks to

infants who might be placed in the front seat when the air bag is

activated against the risks to adults who might ride in the passenger

seat while the air bag is not activated.

In its preliminary estimate of those relative risks, the agency

estimated that 1,050 air bag deployments a year will occur in pickup

trucks and two-seater vehicles when a front passenger seat is occupied

by an infant in a rear-facing infant seat. The level of the injuries

resulting from these deployments are uncertain, but may well be severe.

Conversely, the agency estimated that failure to reactivate the air bag

for the benefit of non-infant passengers, would result in approximately

3 occupants who are at least one year old receiving AIS 2-5

(survivable) injuries. In addition, 1-3 fatalities and 23-32 additional

injuries could occur each year as a result of deliberate misuse. Based

on these estimates, the agency believed that the number of infants who

would avoid potentially serious injury far exceeds the number of non-

infants who might be injured.

Five commenters (Ford, Volvo, AAP, AAMA, and IIHS) agreed with

NHTSA's proposal. Two commenters (Advocates and AORC) stated that NHTSA

should require automatic reactivation of the air bag. NADA suggested

that NHTSA could require automatic reactivation if the cutoff device

did not incorporate a warning light.

NHTSA has decided to adopt the manual reactivation requirement.

NHTSA believes that all air bags should be reactivated in the same way.

No commenter provided specific data to refute the analysis NHTSA made

in the NPRM which resulted in the tentative conclusion to propose

manual reactivation. Adult passengers will be able to see the warning

light, and will be informed if the air bag is not activated. In

addition, such passengers will receive significant safety protection by

wearing lap/shoulder belts. AAP suggested that NHTSA require

information in the owner's manual recommending that parents educate

non-infant, non-literate children of the function of the warning light

so that they will also be aware of the need to remind the driver to

turn the air bag on. While NHTSA is not requiring such information in

the owner's manual, NHTSA agrees that it would be a good practice.

Warning Light

NHTSA proposed requiring that there be 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.

This light would be separate from the air bag readiness indicator

already required by Standard No. 208. NHTSA proposed that the color of

the telltale be yellow, with the words ``AIR BAG OFF'' clearly visible

on the telltale when the passenger side air bag has been deactivated.

Two commenters (Ford and AAMA) asked NHTSA to allow the telltale to

have one brightness level. Ford also asked the agency to allow either

the words ``AIR BAG OFF'' OR ``OFF'' on the telltale, Advocates asked

the agency to require the words ``WARNING, AIR BAG OFF'' on the

telltale. Mazda asked the agency to permit the telltale to be combined

with the readiness indicator. AORC, which supported automatic

reactivation of the air bag, asked the agency to require a telltale

which warned of the possible need to deactivate the air bag. Volvo

suggested that the agency should require a telltale if a vehicle is

equipped with an automatic cutoff device. Finally, SafetyBeltSafe said

the agency should require the telltale to indicate both when the air

bag is ``off'' and when it is ``on.''

After reviewing these comments, NHTSA is modifying the warning

light requirement only to allow one level of brightness and to permit

the words ``AIR BAG OFF'' to be either on the telltale or adjacent to

the telltale. Other telltales are allowed to have only one level of

brightness. NHTSA believes that having the words ``AIR BAG OFF''

adjacent to the telltale will be as effective a means of informing the

driver or passenger of the purpose of the telltale as words on the

telltale itself. NHTSA is not adding the word ``WARNING'' because NHTSA

believes that drivers are aware that the purpose of a telltale is to

warn them of a condition that may require immediate attention.

Air Bag Readiness Indicator

Currently, S4.5.2 of FMVSS No. 208 requires that every vehicle

equipped with an air bag also be equipped with an air bag readiness

indicator that informs the driver about the operational status of the

air bag system. As explained in the NPRM, NHTSA is not aware of any

manufacturer which complies with this requirement by installing

separate readiness indicators, one for the driver air bag and another

for the passenger air bag. Therefore, NHTSA proposed to amend S4.5.2 to

limit the operation of a single readiness indicator when the cutoff

device is ``on'' so that the indicator monitors only the air bag that

is not deactivated, i.e., the driver air bag. When the cutoff device is

``off,'' the passenger air bag would be activated, and the readiness

indicator would monitor the readiness of both the driver air bag and

the passenger air bag.

Advocates stated that NHTSA should require separate readiness

indicators for each air bag. Volvo asked the agency to standardize the

``design, locations and identification'' of readiness indicators.

NHTSA is not modifying the proposed change to the readiness

indicator requirements. NHTSA does not believe it is necessary to

require a separate indicator since the warning light, in effect, acts

as a readiness indicator for the passenger air bag. NHTSA is also not

aware of any safety need to specify the readiness indicator

requirements in greater detail as requested by Volvo.

Testing

AAMA asked the agency to specify that compliance testing of the

passenger air bag in a vehicle with a manual cutoff device would be

done only with the air bag activated. NHTSA has added explicit language

to that effect in the regulatory language.

Costs

In the NPRM, NHTSA estimated the per vehicle price for a passenger

air bag cutoff device to be $10.15. Ford commented that its ``manual

deactivation system is several times the [[Page 27237]] agency's

estimated consumer cost, even without the photocell dimming feature

which the agency estimates would cost another $5.00.''

Ford did not provide any documentation to substantiate its claim

that the real cost was several times what the agency estimated.

Therefore, NHTSA does not have any basis for re-examining its estimate.

Since the agency is not requiring more than one level of brightness,

the cost is estimated to be $4.86. In any event, the agency is not

requiring such devices; thus, any cost is associated with voluntary

installation.

Owner's Manual

NHTSA also proposed to require that manufacturers include

information concerning the cutoff device in the owner's manual. NHTSA

did not propose specific language which must be included in the owner's

manual. NHTSA proposed to require the owner's manual to include

instructions on the operation of the cutoff device, a statement that

the cutoff device should only be used when a rear-facing infant

restraint is installed in the front passenger seating position, and a

warning about the safety consequences of using the cutoff device at

other times.

These requirements have been included in the final rule since no

commenter disagreed with any aspect of the owner's manual requirement.

Labels

Currently, Standard No. 208 requires that, by September 1, 1994,

air bag-equipped vehicles will bear a label on the sun visor that

warns, in part:

Do not Install Rearward-Facing Child Seats in any Front Passenger Seat

Position

Also, Standard No. 213 has been amended to require either of the

following labels on rear-facing infant seats or on child restraints

that can be converted for use in a rear-facing infant mode:

Warning--Place This Restraint in a Vehicle Seat That Does Not Have an

Air Bag

or

Warning--When Your Baby's Size Requires That This Restraint be Used so

That Your Baby Faces the Rear of the Vehicle, Place the Restraint in a

Vehicle Seat That Does Not Have an Air Bag

The first warning is to be used for child seats that are rear-

facing only, and the second warning is to be used for infant seats that

covert from forward-facing to rear-facing.

In the NPRM, NHTSA tentatively concluded that the language of these

labels did not need to be amended.

Ford and AAMA asked the agency to amend the sun visor label to add

a phrase like, ``unless the passenger air bag is turned off.'' Because

it agrees that some motorists may be confused by this message if the

vehicle has a manual cutoff device, NHTSA is amending the vehicle label

requirements for vehicles equipped with manual cutoff devices. However,

NHTSA is not adopting the specific language requested by Ford. Ford's

language is predicated on a design which incorporates a switch with an

on and off position, as Ford's design does. NHTSA is concerned that

this design-based wording could be confusing if other vehicle

manufacturers used designs differing from Ford's.

Automatic Cutoff Devices

As discussed in the NPRM, NHTSA concluded that Standard No. 208

currently allows automatic cutoff devices. NHTSA requested comments on

whether the agency should regulate automatic cutoff devices.

Specifically, NHTSA requested comments on whether any or all of the

proposals in the NPRM relating to warning lights, readiness indicators,

owner's manuals, and labels should also apply to vehicles equipped with

automatic cutoff devices.

Only one commenter, Volvo, believed that some aspects of this final

rule should also apply to automatic cutoff devices. In addition, Volvo

expressed concern that, contrary to NHTSA's belief, some automatic

cutoff devices may deactivate the air bag during the Standard No. 208

compliance test. NHTSA is deferring any decision on regulations for

automatic cutoff devices until there is further information on how, and

under what circumstances, such devices would operate.

Blue Ribbon Panel on Child Restraints

In the NPRM, NHTSA described a number of activities the agency has

taken to inform consumers on proper use of child restraints. While this

notice has discussed one reason why parents may not be able to use a

child restraint correctly (i.e., insufficient fore-aft clearance to

place the child restraint in the rear seat), improper installation can

result from other factors.

On February 13, 1995, the agency announced the information of a

``blue ribbon panel'' to further address the issue of how child

restraints can be made easier to install and use. The panel was asked

to present its recommendations by June 1, 1995.

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 reviewed under E.O. 12866,

``Regulatory Planning and Review.'' This action has been determined to

be ``significant'' under the Department of Transportation's regulatory

policies and procedures.

The agency estimates that the consumer cost of the voluntarily

installed manual cutoff device is $4.86. The $5.00 light sensor is not

required in the final rule and the $5.15 for the cutoff device was

wrong in the October 7, 1994 NPRM. The $5.15 included $0.29 for a

placard label that the agency decided not to propose. The Preliminary

Regulatory Evaluation included the correct estimate of $4.86 (1993

dollars).

The agency has revised its estimates of the number of air bag

deployments per year when a front passenger seat is occupied by an

infant in a rear-facing infant restraint in pickup trucks or two-seater

vehicles to be 793. The agency also estimates that the number of

similar deployments in other vehicles with less than 720 millimeters of

rear seat space that would be eligible for a manual cutoff device is

845. Thus, the total deployments per year in vehicles that would be

eligible for a manual cutoff device when the front passenger seat is

occupied by an infant in a rear-facing infant restraint is estimated to

be 1,638. These estimates assume that the front seat positions continue

to be used by infants in vehicles with air bags and they are used by

infants in vehicles without air bags, and that the warning labels are

not effective in changing people's behavior. The level of injuries from

these deployments are uncertain, but may well be severe.

In an effort to assess the potential for safety trade-offs

resulting from the failure to reactivate the air bag after it has been

deactivated for an infant, the agency estimates that only 1.3 percent

of the vehicles permitted to have a cutoff device would be carrying an

infant. If one assumes for the purpose of analysis that 10 percent of

these were not reactivated, approximately 14 older occupants may

receive AIS 2-5 (survivable) injuries. In addition, for every one

percent of the vehicles in which the air bag is deliberately

deactivated, 3 fatalities and 100-111 AIS 2-5 injuries would occur

annually. Since the agency believes that the percentage of vehicles in

which the air bag is inadvertently left off or

[[Page 27238]] deactivated would be fairly small, the number of infants

who would avoid potentially serious injury far exceed the number of

non-infants who might be injured.

A final regulatory evaluation has been prepared for this

rulemaking. A more detailed explanation of the costs and benefits can

be found in that document.

Regulatory Flexibility Act

NHTSA has also considered the impacts of this final rule under the

Regulatory Flexibility Act. I hereby certify that this rule will not

have a significant economic impact on a substantial number of small

entities. As explained above, NHTSA does not anticipate a significant

economic impact from this rulemaking action.

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 final rule.

National Environmental Policy Act

NHTSA has also analyzed this final rule under the National

Environmental Policy Act and determined that it will not have a

significant impact on the human environment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this rule in accordance with the principles and

criteria contained in E.O. 12612, and has determined that this rule

will not have significant federalism implications to warrant the

preparation of a Federalism Assessment.

Civil Justice Reform

This final rule does 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles.

In consideration of the foregoing, 49 CFR Part 571 is amended as

follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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.

2. Section 571.208 is amended by revising sections S4.1.5.1(b),

S4.5.1(b)(1), and S4.5.2 and adding new sections S4.5.4 and S4.5.4.1

through S4.5.4.4 and S8.4, to read as follows:

Sec. 571.208 Standard No. 208, Occupant Crash Protection.

* * * * *

S4.1.5.1 Front/angular automatic protection system.

* * * * *

(b) For the purposes of sections S4.1.5 through S4.1.5.3 and

S4.2.6 through S4.2.6.2, an inflatable restraint system means an air

bag that is activated in a crash, other than an air bag that can be

deactivated by a manual cutoff device permitted by S4.5.4 of this

standard.

* * * * *

S4.5.1 Labeling and owner's manual information.

* * * * *

(b) Label on sun visor above front outboard seating positions

equipped with inflatable restraint.

(1) Each vehicle manufactured on or after September 1, 1994,

shall comply with either S4.5.1(b)(1)(i) or S4.5.1(b)(1)(ii).

(i) Each front outboard seating position that provides an

inflatable restraint shall have a label permanently affixed to the

sun visor for such seating position on either side of the sun visor,

at the manufacturer's option. Except as provided in S4.5.1(b)(3),

this label shall read:

CAUTION

TO AVOID SERIOUS INJURY:

For maximum safety protection in all types of crashes, you must

always wear your safety belt.

Do not install rearward-facing child seats in any front passenger

seat position.

Do not sit or lean unnecessarily close to the air bag.

Do not place any objects over the air bag or between the air bag and

yourself.

See the owner's manual for further information and explanations.

(ii) If the vehicle is equipped with a cutoff device permitted

by S4.5.4 of this standard, each front outboard seating position

that provides an inflatable restraint shall have a label permanently

affixed to the sun visor for such seating position on either side of

the sun visor, at the manufacturer's option. This label shall read:

CAUTION

TO AVOID SERIOUS INJURY:

For maximum safety protection in all types of crashes, you must

always wear your safety belt.

Do not install rearward-facing child seats in any front passenger

seat position, unless the air bag is off.

Do not sit or lean unnecessarily close to the air bag.

Do not place any objects over the air bag or between the air bag and

yourself.

See the owner's manual for further information and explanations.

* * * * *

S4.5.2 Readiness Indicator. An occupant protection system that

deploys in the event of a crash shall have a monitoring system with

a readiness indicator. The indicator shall monitor its own readiness

and shall be clearly visible from the driver's designated seating

position. If the vehicle is equipped with a single readiness

indicator for both a driver and passenger air bag, and if the

vehicle is equipped with a cutoff device permitted by S4.5.4 of this

standard, the readiness indicator shall monitor only the readiness

of the driver air bag when the passenger air bag has been

deactivated by means of the cutoff device. A list of the elements of

the system being monitored by the indicator shall be included with

the information furnished in accordance with S4.5.1 but need not be

included on the label.

* * * * *

S4.5.4 Passenger Air Bag Manual Cutoff Device. Passenger cars,

trucks, buses, and multipurpose passenger vehicles may be equipped

with a device that deactivates the air bag installed at the right

front passenger position in the vehicle, if all of the conditions in

S4.5.4.1 through S4.5.4.4 are satisfied.

S4.5.4.1 The vehicle complies with either S4.5.4.1(a) or

S4.5.4.1(b).

(a) The vehicle has no forward-facing designated seating

positions to the rear of the front seating positions.

(b) With the seats and seat backs adjusted as specified in

S8.1.2 and S8.1.3, the distance, measured along a longitudinal

horizontal line tangent to the highest point of the rear seat bottom

in the longitudinal vertical plane described in either

S4.5.4.1(b)(1) or S4.5.4.1(b)(2), between the rearward surface of

the front seat back and the forward surface of the rear seat back is

less than 720 millimeters.

(1) In a vehicle equipped with front bucket seats, the vertical

plane at the centerline of the driver's seat cushion.

(2) In a vehicle equipped with front bench seating, the vertical

plane which passes through the center of the steering wheel rim.

S4.5.4.2 The device is operable by means of the ignition key

for the vehicle. The device shall be separate from the ignition

switch for the vehicle, so that the driver must take some action

with the ignition key other than inserting it or turning it in the

ignition switch to deactivate the passenger air bag. Once

deactivated, the passenger air bag shall remain deactivated until it

is reactivated by means of the device. [[Page 27239]]

S4.5.4.3 A telltale light on the dashboard shall be clearly

visible from all front seating positions and shall be illuminated

whenever the passenger air bag is deactivated. The telltale:

(a) Shall be yellow;

(b) Shall have the identifying words ``AIR BAG OFF'' on the

telltale or within 25 millimeters of the telltale;

(c) Shall remain illuminated for the entire time that the

passenger air bag is deactivated;

(d) Shall not be illuminated at any time when the passenger air

bag is not deactivated; and,

(e) Shall not be combined with the readiness indicator required

by S4.5.2 of this standard.

S4.5.4.4 The vehicle owner's manual shall provide, in a readily

understandable format:

(a) Complete instructions on the operation of the cutoff device;

(b) A statement that the cutoff device should only be used when

a rear-facing infant restraint is installed in the front passenger

seating position; and,

(c) A warning about the safety consequences of using the cutoff

device at other times.

* * * * *

S8.4 Frontal test condition. If the vehicle is equipped with a

cutoff device permitted by S4.5.4 of this standard, the device is

deactivated.

* * * * *

Issued on May 18, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95-12555 Filed 5-18-95; 1:52 pm]

BILLING CODE 4910-59-M