Air Bag On-Off Switches

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 595

[Docket No. NHTSA-97-3111]

RIN 2127-AG61

Air Bag On-Off Switches

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule, correcting amendment.

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SUMMARY: This document amends a final rule which allows motor vehicle

dealers and repair businesses to install retrofit manual on-off

switches for air bags in motor vehicles. The rule requires the on-off

switch to be key operated and requires a telltale that indicates the

operating status of the air bag. NHTSA has determined that the language

of the regulatory text could be mistakenly interpreted to require a key

specifically matched to the on-off switch and that the rule was

ambiguous as to how the readiness indicator should function when one or

both air bags have been deactivated by means of the on-off

[[Page 67753]]

switch. This rule revises the language of the regulatory text to

clarify these issues. It also corrects a clerical error found in the

original regulatory text.

DATES: Effective Date: The amendments made to this final rule are

effective December 18, 1997. Petitions: Petitions for reconsideration

must be received by February 13, 1998.

ADDRESSES: Petitions for reconsideration should refer to the docket

number of this rule and be submitted to: Administrator, National

Highway Traffic Safety Administration, 400 Seventh Street, SW,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

For information about air bags and related rulemaking: Visit the

NHTSA web site at http://www.nhtsa.dot.gov and click on the icon ``Air

Bag Page''.

For legal issues: Ms. Rebecca MacPherson, 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 November 21, 1997, NHTSA published in the

Federal Register (62 FR 62406) a final rule which allows motor vehicle

dealers and repair businesses to install retrofit manual on-off

switches for air bags in vehicles owned by or used by persons whose

requests for switches have been approved by the agency. Among the

provisions of the final rule was a requirement that the on-off switch

be operable solely by means of a key. Shortly after publication, the

Ford Motor Company contacted NHTSA and stated that its existing on-off

switch could be operated by means other than a key specifically

designed for the switch. Ford requested clarification that its design

would conform with the criteria set forth in the final rule.

NHTSA's purpose in requiring operation by a key was to ensure that

the on-off switch could not be inadvertently triggered, thereby turning

an air bag on or off without the conscious intent to do so. The concept

of using of a key designed specifically to work with a particular on-

off switch, was considered and rejected when the agency drafted the

final rule. What the Agency intended was an instrument that must be

inserted into the on-off switch mechanism and turned to change the

status of an air bag, as opposed, for example, to a knob that could be

turned by an occupant. Such an instrument need not be a ``key'' as that

term is used in everyday speech, even though it falls within the

dictionary definition (cf, Webster's Third New International

Dictionary, etc.) Accordingly, the rule is being amended to require the

use of a ``key or a key-like object'' to operate.

A sentence has been added to the end of section 595.5(b)(3)(i) to

parallel the language concerning the air bag readiness indicator found

in S4.5.2 of FMVSS 208. The addition of this sentence does not change

the substantive requirements of the final rule.

This rule also corrects a clerical error found within section

595.5(b)(3) of the regulatory text. NHTSA notes that these changes to

the final rule are minor changes which do not substantively impact the

final rule as issued on November 18, 1997. Accordingly, NHTSA finds

that the issuance of this rule does not require a prior period of

notice and comment. NHTSA also finds for good cause that this final

rule can be made effective in less than thirty days. An immediate

effective date will allow switch manufacturers to design on-off

switches in a manner which they find to be the most effective without

fear of inconsistency with the regulatory requirements.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

NHTSA has considered the impact of this rulemaking action under

Executive Order 12866 and the Department of Transportation's regulatory

policies and procedures. This rulemaking document was not reviewed by

the Office of Management and Budget (OMB) under E.O. 12866,

``Regulatory Planning and Review.'' This document amends an action that

was determined to be ``significant'' under the Department of

Transportation's regulatory policies and procedures because of the

degree of public interest in this subject. However, this rule does not

impose any new requirements on manufacturers. It simply clarifies the

existing requirements.

Regulatory Flexibility Act

NHTSA has considered the effects of this rulemaking action 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, this rule will not have an economic

impact on any manufacturer or other entity.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. 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.

The Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) 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. This rule does not meet the definition of a

Federal mandate, because it adds no additional cost to the completely

permissive final rule which it is clarifying.

Civil Justice Reform

This final rule has no 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 595

Imports, Motor vehicle safety, Motor vehicles.

In consideration of the foregoing, NHTSA amends 49 CFR part 595,

which becomes effective on December 18, 1997, as follows:

1. The authority citation for part 595 will continue to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166;

delegation of authority at 49 CFR 1.50.

2. Section 595.5 is amended by revising paragraph (b)(3)

introductory

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text and paragraph (b)(3)(i) to read as follows:

PART 595--RETROFIT ON-OFF SWITCHES FOR AIR BAGS

* * * * *

Sec. 595.5 Requirements.

* * * * *

(b) * * *

(3) The on-off switch meets all of the conditions specified in

paragraphs (b)(3)(i) and (ii) of this section.

(i) The on-off switch is operable solely by a key or a key-like

object. The on-off switch shall be separate from the ignition switch

for the vehicle, so that the driver must take some action other than

inserting the ignition key or turning the ignition key in the ignition

switch to turn off the air bag. Once turned off, the air bag shall

remain off until it is turned back on by means of the device. If a

single on-off switch is installed for both air bags, the on-off switch

shall allow each air bag to be turned off without turning off the other

air bag. The readiness indicator required by S4.5.2 of Sec. 571.208 of

this chapter shall continue to monitor the readiness of the air bags

even when one or both air bags has been turned off. The readiness

indicator light shall not be illuminated solely because an air bag has

been deactivated by means of an on-off switch.

* * * * *

Issued on: December 18, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97-33956 Filed 12-29-97; 8:45 am]

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