Occupant Crash Protection; Denial of Petition for Rulemaking

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

Occupant Crash Protection; Denial of Petition for Rulemaking

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for rulemaking.

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SUMMARY: This document announces the denial of a petition for

rulemaking submitted by the Institute for Injury Reduction (IIR). The

petitioner requested ``rulemaking or other action'' to require

manufacturers to provide a specific warning for occupants to use lap

belts in new vehicles with automatic safety belts. However, under a new

statutory requirement, automatic safety belts are rapidly being

replaced by the combination of air bags and manual lap/shoulder belts.

Hence, the agency expects any safety concerns with automatic safety

belts to become moot. Therefore, the petition is denied.

FOR FURTHER INFORMATION CONTACT: Mr. Dan Cohen, Chief, Office of

Vehicle Safety Standards, National Highway [[Page 5346]] Traffic Safety

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

Telephone: (202) 366-2264.

SUPPLEMENTARY INFORMATION: NHTSA received a petition for rulemaking

from the Institute for Injury Reduction (IIR). The petitioner requested

``appropriate rulemaking or other action leading to the issuance * * *

of a lap-belt-use warning requirement covering new vehicles sold in the

United States and equipped with `automatic' shoulder belts in any

position.''

IIR argued that an automatic shoulder/manual lap belt restraint

system often provides less protection in a crash than a fully manual

shoulder/lap belt restraint system. According to the petitioner, ``a

significant hazard of the former system is the overall propensity for

ejection due to the non-use of the lap belt in conjunction with the

automatic shoulder belt.'' The petitioner requested that NHTSA require

a warning that an automatic shoulder belt is not to be used without a

lap belt, and that the agency ``develop appropriate minimum performance

standards specifying warning language and location, or criteria.''

NHTSA notes that it previously responded to a petition for

rulemaking related to the subject of non-use of manual lap belts in

conjunction with automatic shoulder belts. On September 9, 1993, NHTSA

published (58 FR 47427) a notice denying a petition requesting that a

warning light be required to indicate when lap belts in vehicles with

automatic safety belts are not fastened. That petition had been

submitted by Mr. Mark Goodson.

Like IIR, Mr. Goodson was concerned that if the person using an

automatic safety belt does not engage the lap belt, the benefits of a

three point restraint are reduced, and the person risks personal injury

should a collision occur. Mr. Goodson recommended the addition of a

warning light to remind users to engage the lap belt.

In denying Mr. Goodson's petition, NHTSA cited the fact that

automatic belts are rapidly being replaced by the combination of air

bags and manual lap/shoulder belts. Under the Intermodal Surface

Transportation Efficiency Act of 1991 (ISTEA), all passenger cars and

light trucks must provide automatic crash protection by means of air

bags, beginning in the late 1990's.

More specifically, as explained in NHTSA's final rule implementing

that part of ISTEA, at least 95 percent of each manufacturer's

passenger cars manufactured on or after September 1, 1996 and before

September 1, 1997 must be equipped with an air bag and a manual lap/

shoulder belt at both the driver's and right front passenger's seating

position. Every passenger car manufactured on or after September 1,

1997 must be so equipped. The same requirement for light trucks is

being phased in beginning on September 1, 1997. See 58 FR 46551,

September 2, 1993.

Prior to the enactment of ISTEA, manufacturers had been permitted

under Standard No. 208, Occupant Crash Protection, to provide automatic

crash protection by means of air bags or automatic belts. The automatic

crash protection requirements for cars have been in effect since the

late 1980's; the requirements began to be phased in for light trucks on

September 1, 1994.

Manufacturers are in fact moving more quickly toward providing air

bags than required by ISTEA. Ninety-nine percent of model year 1995

passenger cars are equipped with driver-side air bags, and about 87

percent are also equipped with passenger-side air bags. Moreover, in

meeting the automatic crash protection phase-in requirements for light

trucks, manufacturers are going directly to air bags rather than taking

the interim step of installing automatic belts.

In the notice denying Mr. Goodson's petition, NHTSA stated that it

expects any safety concerns with two-point automatic belts to become

moot as automatic belts are replaced by air bags with manual lap/

shoulder belts. The agency indicated that, given the limited time until

automatic belts are replaced by air bags, it believes that any problems

can be addressed by public education efforts. NHTSA noted that on

October 5, 1992, it issued a news release stating that ``drivers and

passengers of cars equipped with front-seat automatic shoulder belts

should also use the manual lap belt for maximum protection.'' The

agency stated that it would continue to periodically remind consumers

of the need to wear the manual lap belt which accompanies some forms of

automatic belts.

NHTSA believes that the same rationale for denying Mr. Goodson's

petition also applies to the IIR petition. In fact, the time until

automatic belts are replaced by air bags is even more limited. By the

time the agency completed any rulemaking to require a specific warning,

it is unlikely that any vehicles would be subject to the requirement.

Therefore, such a rulemaking would not result in any safety benefits.

Accordingly, the agency finds that there is not a reasonable

possibility that the requested rule would be issued at the conclusion

of a rulemaking proceeding.

The agency continues to believe that any problems in this area can

be addressed by public education efforts. This is true for both the

small number of new vehicles that will be produced with two-point

automatic belts and for the existing vehicles incorporating this

design. NHTSA notes that its consumer information pamphlet entitled

``Safety Belts Proper Use'' includes the following statement:

In some vehicles, the shoulder belt comes across your chest

automatically, but the lap belt must be buckled manually. If your

vehicle has a manual lap belt, it must be buckled for maximum

protection. Use the complete system the manufacturer installed in

your vehicle and follow the instructions provided in the owner's

manual.

NHTSA shares IIR's concern about the need for occupants to fully

utilize the crash protection equipment provided by manufacturers,

whether the manual lap belt provided with some automatic belts or the

manual lap/shoulder belts being provided with air bags. The agency will

continue its public education efforts in these areas.

For the reasons discussed above, the agency is denying the IIR

petition.

Authority: 49 U.S.C. 30103 and 30162; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on: January 23, 1995.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 95-2116 Filed 1-26-95; 8:45 am]

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