Federal Motor Vehicle Safety Standards; Occupant Crash Protection; Occupant Protection in Interior Impact

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 121]

RIN 2127--AG94

Federal Motor Vehicle Safety Standards; Occupant Crash

Protection; Occupant Protection in Interior Impact

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

ACTION: Interim final rule; request for comments.

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SUMMARY: In March 1997, NHTSA temporarily amended the agency's occupant

crash protection standard to ensure that vehicle manufacturers can

quickly depower all air bags so that they inflate less aggressively.

More specifically, the agency adopted an unbelted sled test protocol as

a temporary alternative to the standard's full scale unbelted barrier

crash test. NHTSA took this action to provide an immediate, but

interim, solution to the problem of the fatalities and injuries that

current air bags are causing in relatively low speed crashes to small,

but growing numbers of children, and occasionally to adult occupants.

This document makes a further amendment to the agency's occupant

crash protection standard, so that a special, less stringent test

requirement in a related standard that applies to vehicles certified to

the unbelted barrier test will also apply to vehicles certified to the

alternative sled test. This action is necessary to prevent a delay in

depowering. NHTSA also solicits comments on this amendment.

DATES: Effective date: The amendments made by this interim final rule

are effective August 26, 1997.

Comments: Comments must be received on or before October 27, 1997.

ADDRESSES: Comments should refer to the docket and notice number of

this notice and be submitted to: Docket Section, Room 5109, National

Highway Traffic Safety Administration, 400 Seventh Street, SW,

Washington, DC 20590. (Docket Room hours are 9:30 a.m.-4 p.m., Monday

through Friday.)

FOR FURTHER INFORMATION CONTACT:

For information about air bags and related rulemakings: Visit the

NHTSA web site at http://www.nhtsa.dot.gov and select ``AIR BAGS:

Information about air bags.''

For non-legal issues: Mr. Clarke Harper, Chief, Light Duty Vehicle

Division, NPS-11, National Highway Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC 20590. Telephone: (202) 366-2264.

Fax: (202) 366-4329.

For legal issues: J. Edward Glancy, Office of Chief Counsel, NCC-

20, National Highway Traffic Safety Administration, 400 Seventh Street,

SW, Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-

3820.

SUPPLEMENTARY INFORMATION: On March 19, 1997, NHTSA published in the

Federal Register (62 FR 12960) a final rule temporarily amending

Standard No. 208, Occupant Crash Protection, to ensure that vehicle

manufacturers can quickly depower all air bags so that they inflate

less aggressively. More specifically, the agency adopted an unbelted

sled test protocol, recommended by the American Automobile

Manufacturers Association (AAMA), as a temporary alternative to

Standard No. 208's full scale unbelted barrier crash test. The agency

did not change the standard's full scale belted barrier crash test.

NHTSA took this action to provide an immediate, but interim,

solution to the problem of the fatalities and injuries that current air

bags are causing in relatively low speed crashes to small, but growing

numbers of children, and occasionally to adult occupants. The

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sled test alternative will be available for vehicles manufactured

before September 1, 2001. That date was selected because the agency

expected that the vehicle manufacturers will be able by then to provide

more advanced air bags that will address these problems.

In early April 1997, AAMA advised the agency that its member

companies had discovered that certain provisions in Standard No. 203,

Impact protection for the driver from the steering control system, and

Standard No. 209, Seat belt assemblies, could prevent or substantially

delay depowering. Each of those other standards specified an exclusion

from certain requirements for vehicles certified to meet Standard No.

208's barrier crash test requirements. Thus, neither exclusion would be

available for a vehicle which was certified to Standard No. 208's

alternative sled test requirement.

In an interim final rule published in the Federal Register (62 FR

26425) on May 14, 1997, the agency amended Standard No. 208, so that

the exclusions in these two other standards would also be available for

vehicles certified to the sled test. NHTSA explained that this action

was necessary to prevent a delay in depowering, and also solicited

comments on the amendment. The agency noted that because there had not

been a prior opportunity for comment, it was limiting application of

the interim final rule to vehicles manufactured before September 1,

1998. However, NHTSA explained that it contemplated making the

amendment apply for the same duration as the depowering amendment,

i.e., for vehicles manufactured before September 1, 2001.

In the May 1997 notice, NHTSA noted that neither it nor the

commenters on the depowering proposal had identified the issue of

whether the exclusions in Standards No. 203 and 209 should be available

for vehicles certified to the alternative sled test requirement. The

agency had, however, made it clear in the depowering rulemaking that it

believes it is critical to ensure that vehicle manufacturers can

quickly depower all air bags so that they inflate less aggressively.

In the May 1997 notice, NHTSA stated that it does not want the

vehicle manufacturers to face any unnecessary impediments to depowering

and, in that context, considered whether the exclusions in Standards

No. 203 and 209 should be made available for vehicles certified to the

alternative sled test requirement. The agency provided analysis in that

notice for each of the two standards, as part of its decision to extend

the availability of the exclusions.

In July 1997, AAMA advised the agency that its member companies had

discovered that a similar provision in Standard No. 201, Occupant

protection in interior impact, could also prevent or substantially

delay depowering. That provision specifies a special, less stringent

test requirement for vehicles which meet Standard No. 208's barrier

crash test requirements by means of an air bag. The special requirement

would thus not apply to a vehicle which was certified to Standard No.

208's alternative sled test requirement.

Just as NHTSA decided to issue an interim final rule amending

Standard No. 208 so that the exclusions in Standard Nos. 203 and 209

would also be available for vehicles certified to the sled test, it is

taking similar action with respect to the special, less stringent test

requirement set forth in Standard No. 201. The agency believes that the

Standard No. 201 situation mirrors those involving the other two

standards. NHTSA's analysis for Standard No. 201 is set forth below.

Standard No. 201 specifies a number of requirements to provide

impact protection for occupants. One of the requirements concerns

instrument panels. The standard generally requires that when specified

portions of the instrument panel are impacted by a head form at 15 mph,

the deceleration of the head form must not exceed 80 g continuously for

more than 3 milliseconds. To comply with this requirement, vehicle

manufacturers install energy absorbing materials. The use of these

materials can prevent or reduce the severity of chest and head injuries

resulting from contacts with the instrument panel.

In June 1991, NHTSA published a final rule amending Standard No.

201 to specify a special, less stringent test requirement for vehicles

equipped with passenger air bags. 56 FR 26036; June 6, 1991. The final

rule reduced the velocity specified in the head form test for these

vehicles from 15 mph to 12 mph.

The purpose of the June 1991 final rule was to facilitate the

introduction of more effective air bag designs, and provide an

incentive for the increased use of passenger-side air bags. (This final

rule was issued before Congress enacted the Intermodal Surface

Transportation Efficiency Act of 1991, which directed NHTSA to amend

Standard No. 208 to require air bags.) Vehicle manufacturers had

provided information showing that Standard No. 201's existing 15 mph

head form requirement created problems in designing top-mounted,

upward-deploying passenger air bags. Manufacturers had also identified

a number of benefits from installation of this type of air bag,

including reduced risk of injury to out-of-position occupants or

standing children. However, the final rule was not limited to passenger

air bags with upward-deploying systems, as the agency wanted to allow

manufacturers wide latitude in innovation for all passenger air bags.

NHTSA believes that the rationale for Standard No. 201's special,

less stringent test requirement for vehicles equipped with passenger

air bags and certified to Standard No. 208's barrier test is equally

applicable to vehicles certified to the alternative sled test. The

concern about the need to meet Standard No. 201's 15 mph head form test

interfering with the design of passenger air bags, especially top-

mounted, upward-deploying systems, would not differ depending on

whether an air bag is depowered or not. Moreover, the need to meet the

15 mph requirement would interfere with depowering.

Vehicle manufacturers presumably test their air-bag-equipped

vehicles to Standard No. 201's 12 mph head form requirement, rather

than the 15 mph requirement, based on the current special requirement.

Thus, the manufacturers do not know whether their vehicles would pass

the more stringent requirement.

If the special requirement were not extended to vehicles certified

to the alternative sled test, the vehicle manufacturers would need to

conduct significant testing to determine whether those vehicles could

comply with the 15 mph requirement. To the extent that a vehicle could

not comply, the manufacturer would then need to determine whether it

was possible to make design changes to achieve compliance. All of this

would result in significant delays to depowering.

The agency also notes that the purposes of the depowering amendment

and the special requirement in Standard No. 201 are complementary.

While the depowering amendment was intended to facilitate quick action

to address the problem of deaths and injuries to out-of-position

occupants, the special requirement in Standard No. 201 was intended, in

part, to facilitate the use of passenger air bag designs that reduce

the risk of injury to out-of-position occupants or standing children. A

failure to extend the special requirement in No. 201 to vehicles

certified to the alternative sled test could result in the perverse

effect of discouraging air bag

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designs that reduce the risk of injury to out-of-position occupants or

standing children.

NHTSA finds that the issuance of this interim final rule without

prior opportunity for comment is necessary in view of the fact that

depowering would be significantly delayed if the standard were not

amended. For the same reason, the agency finds for good cause that it

is in the public interest to establish an immediate effective date for

this amendment. The amendment imposes no new requirements but instead

provides additional flexibility to manufacturers by removing a design

restriction.

NHTSA is requesting comments on this amendment. Because there has

not been a prior opportunity for comment, the agency is limiting

application of this interim final rule to vehicles manufactured before

September 1, 1998. However, NHTSA contemplates making the amendment

apply for the same duration as the depowering amendment, i.e., for

vehicles manufactured before September 1, 2001. The agency will

announce a final decision as soon as possible after the comment closing

date.

Rulemaking Analyses and Notices

A. 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 not reviewed under E.O.

12866, ``Regulatory Planning and Review.'' This action has been

determined to be ``nonsignificant'' under the Department of

Transportation's regulatory policies and procedures. The amendment does

not impose any new requirements but simply ensures that the vehicle

manufacturers do not face previously unidentified impediments in

depowering air bags. The agency concludes that the impacts of the

amendment are so minimal that a full regulatory evaluation is not

required. Readers who are interested in the costs and benefits of

depowering are referred to the agency's regulatory evaluation for that

rulemaking action, which remains valid.

B. Regulatory Flexibility Act

NHTSA has considered the effects of this rulemaking action under

the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) I hereby certify

that the interim final rule will not have a significant economic impact

on a substantial number of small entities.

The following is NHTSA's statement providing the factual basis for

the certification (5 U.S.C. 605(b)). The interim final rule would

primarily affect passenger car and light truck manufacturers and

manufacturers of air bags. The Small Business Administration's

regulations at 13 CFR Part 121 define a small business, in part, as a

business entity ``which operates primarily within the United States.''

(13 CFR 121.105(a)).

SBA's size standards are organized according to Standard Industrial

Classification Codes (SIC). SIC Code 3711 ``Motor Vehicles and

Passenger Car Bodies'' has a small business size standard of 1,000

employees or fewer. SIC Code 3714 ``Motor Vehicle Parts and

Accessories'' has a small business size standard of 750 employees or

fewer. NHTSA believes air bag manufacturers would fall under SIC Code

3714.

For passenger car and light truck manufacturers, NHTSA estimates

there are at most five small manufacturers of passenger cars in the

U.S. Because each manufacturer serves a niche market, often

specializing in replicas of ``classic'' cars, production for each

manufacturer is fewer than 100 cars per year. Thus, there are at most

five hundred cars manufactured per year by U.S. small businesses.

In contrast, in 1996, there are approximately nine large

manufacturers manufacturing passenger cars and light trucks in the U.S.

Total U.S. manufacturing production per year is approximately 15 to 15

and a half million passenger cars and light trucks per year. NHTSA does

not believe small businesses manufacture even 0.1 percent of total U.S.

passenger car and light truck production per year.

For air bag manufacturers, NHTSA does not believe that there are

any small manufacturers of air bags. A separate subsidiary (of a large

business) set up to manufacture air bags would not be considered a

small business because of SBA's affiliation rule under 13 CFR 121.103.

The amendment does not impose any new requirements but simply

ensures that the vehicle manufacturers do not face previously

unidentified impediments in depowering air bags. NHTSA also notes that

the cost of new passenger cars or light trucks would not be affected by

the interim final rule.

C. 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 rule.

D. National Environmental Policy Act

NHTSA has also analyzed this rule under the National Environmental

Policy Act and determined that it will not have a significant impact on

the human environment.

E. 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.

F. Civil Justice Reform

This 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.

Comments

Interested persons are invited to submit comments on this document.

It is requested but not required that 10 copies be submitted.

All comments must not exceed 15 pages in length (49 CFR 553.21).

Necessary attachments may be appended to these submissions without

regard to the 15-page limit. This limitation is intended to encourage

commenters to detail their primary arguments in a concise fashion.

If a commenter wishes to submit certain information under a claim

of confidentiality, three copies of the complete submission, including

the purportedly confidential business information, should be submitted

to the Chief Counsel, NHTSA, at the street address given above, and

seven copies from which the purportedly confidential information has

been deleted should be submitted to the NHTSA Docket Section. A request

for confidentiality should be accompanied by a cover letter setting

forth the information specified in the agency's confidential business

information regulation. 49 CFR Part 512.

All comments received by NHTSA before the close of business on the

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comment closing date indicated above will be considered, and will be

available for examination in the docket at the above address both

before and after that date. To the extent possible, comments filed

after the closing date will also be considered. Comments received too

late for consideration in regard to this rulemaking action will be

considered as suggestions for further rulemaking action. Comments on

the document will be available for inspection in the docket. The NHTSA

will continue to file relevant information as it becomes available in

the docket after the closing date, and recommends that interested

persons continue to examine the docket for new material.

Those persons desiring to be notified upon receipt of their

comments in the rules docket should enclose a self-addressed, stamped

postcard in the envelope with their comments. Upon receiving the

comments, the docket supervisor will return the postcard by mail.

List of Subjects in 49 CFR Part 571

Imports, Incorporation by reference, Motor vehicle safety, Motor

vehicles, Rubber and rubber products, Tires.

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 S3 to read as follows:

Sec. 571.208 Standard No. 208, Occupant crash protection.

* * * * *

S3. Application. This standard applies to passenger cars,

multipurpose passenger vehicles, trucks, and buses. In addition, S9,

Pressure vessels and explosive devices, applies to vessels designed to

contain a pressurized fluid or gas, and to explosive devices, for use

in the above types of motor vehicles as part of a system designed to

provide protection to occupants in the event of a crash.

Notwithstanding any language to the contrary, any vehicle manufactured

after March 19, 1997 and before September 1, 2001 that is subject to a

dynamic crash test requirement conducted with unbelted dummies may meet

the requirements specified in S13 instead of the applicable unbelted

requirement. For vehicles manufactured before September 1, 1998,

compliance with S13 shall, for purposes of Standards No. 201, 203 and

209, be deemed as compliance with the unbelted frontal barrier

requirements of S5.1 of this section.

* * * * *

Issued on: August 20, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97-22573 Filed 8-25-97; 8:45 am]

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