Federal Motor Vehicle Safety Standards; Occupant Crash Protection

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-98-4071; Notice 1]

RIN 2127-AH25

Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend Federal Motor Vehicle Safety

Standard on occupant crash protection to provide greater flexibility

regarding the location of the telltale for air bag on-off switches

installed in new motor vehicles. It would do so by eliminating the

requirement that the telltale be located on the vehicle dashboard. No

change would be made to the separate existing requirement that the

telltale must be clearly visible from all front seat seating positions.

This proposal would also add a requirement that the telltale be located

within the vehicle's interior. The proposal is being issued, in

response to a petition for rulemaking, to make the telltale

requirements in the standard consistent with those in the agency's

regulation governing the retrofitting of used vehicles with air bag on-

off switches.

DATES: Comments must be received by September 3, 1998.

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

this notice and be submitted to: Docket Management, Room PL-401, 400

Seventh Street, SW, Washington, DC 20590 (Docket Room hours are 10:00

a.m.-5 p.m., Monday through Friday.)

FOR FURTHER INFORMATION CONTACT: 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: 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:

Table of Contents

I. Background

II. Details of the Proposal

III. Proposed Effective Date

IV. Rulemaking Analyses and Notices

V. Submission of Comments

I. Background

This notice responds to a petition from Volkswagen of America, Inc.

seeking to amend Federal Motor Vehicle Safety Standard No. 208 (FMVSS

No. 208) by eliminating the current requirement that the telltale for

air bag on-off (cutoff) switches in new motor vehicles be located on

the vehicle dashboard. Under the proposed change, the telltale

requirements for new vehicles equipped with an on-off switch

[[Page 38796]]

would be consistent with the telltale requirements for retrofit on-off

switches, i.e., vehicles that have been sold or leased to consumers.

Part 595 exempts commercial entities from the statutory prohibition

against making federally-required vehicle safety equipment inoperative

for the purpose of allowing those entities to install retrofit

switches.

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

(NPRM) proposing to amend FMVSS No. 208 by giving manufacturers the

option to install a manual passenger-side air bag on-off switch in new

vehicles that either lacked a rear seat or had a rear seat too small to

accommodate a rear-facing infant restraint (59 FR 51158). The proposal

was issued in response to concerns that deploying air bags can

seriously injure children appropriately restrained in a rear-facing

infant restraint.

In the NPRM, NHTSA proposed requiring ``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.''

NHTSA went on to explain that it

believes that the indicator should be visible to the driver as a

reminder that the passenger air bag is, or is not, functioning.

NHTSA believes that the indicator should be also visible from the

passenger seating position as a warning to non-infant occupants that

they are not protected by their air bag.

NHTSA sought comment on whether a supplemental or additional warning

for passengers (i.e., a telltale separate from the readiness indicator

light) would minimize instances in which the air bag was

unintentionally not activated.

In response to the NPRM, NHTSA received comments addressing the

suitability of differing light levels, required wording, and

combination with the existing air bag readiness indicator. Three

parties commented on the proposed requirement that the telltale be

located on the vehicle dashboard. The Insurance Institute for Highway

Safety stated that the telltale warning light should be continuously

illuminated and should be conspicuously placed on the instrument panel

to increase the likelihood that the driver takes note of the current

status of the air bag. The American Automobile Manufacturer's

Association (AAMA) stated that ``proper placement of the device in the

instrument panel could achieve two goals.'' According to AAMA, such

placement would ensure that the telltale would be visible from both the

driver and passenger seating positions and the telltale would not be in

the direct line of sight to disrupt the driver in dark conditions.

Mazda stated that it believed a telltale should be located near the

instrument cluster or meter set, since it believed that the indicator

should be visible mainly by the driver.

On May 23, 1995, NHTSA issued a final rule giving the manufacturers

the option to install a manual passenger-side air bag on-off switch in

vehicles with either no rear seat or with a rear seat inadequate for

accommodating a rear-facing infant restraint (60 FR 27233). The final

rule required the on-off switch be operable by the ignition key, be

separate from the ignition switch, remain deactivated until

affirmatively reactivated by turning the switch, and be accompanied by

the telltale that is the subject of this notice.

The final rule dropped the proposed requirement that the telltale

be adjustable to provide at least two levels of brightness. NHTSA was

initially concerned that a single light, visible under all driving

conditions, could be too bright for a driver who had adapted to dark

ambient roadway conditions. Based on its review of the comments, NHTSA

determined that a single level of brightness would be less design

restrictive and would meet the agency's intended purpose. Accordingly,

the less restrictive design requirement was adopted.

On November 21, 1997, NHTSA issued a final rule establishing Part

595 and allowing owners of used vehicles to have their vehicles

retrofitted by commercial entities with air bag on-off switches,

subject to certain conditions (62 FR 62406). Such switches are

available for both driver and passenger seating positions as long as

the conditions for each seating position are met by the vehicle owner

and the entity that installs the switches. The switch requirements were

largely patterned after the requirements for a passenger-side switch in

FMVSS No. 208. However, in order to provide vehicle manufacturers with

more flexibility in fitting a telltale light into a vehicle originally

not designed to accommodate it, Part 595 did not include a requirement

that the telltale for retrofit switches be installed in the vehicle

dashboard. It did adopt the requirement that the telltale for a

passenger-side air bag switch be clearly visible from both the driver

and front passenger seat positions.

II. Details of the Proposal

On March 23, 1998, Volkswagen of America, Inc. submitted a petition

requesting the agency to initiate a rulemaking proceeding to amend

FMVSS No. 208 by eliminating the requirement that the telltale for an

on-off switch in a new motor vehicle be located on the vehicle

dashboard. Volkswagen maintains that the current requirement is

unnecessarily design restrictive and that eliminating the dashboard

requirement will not be detrimental to motor vehicle safety.

NHTSA is proposing to eliminate that requirement because the agency

tentatively concludes that the requirement is not necessary to ensure

the telltale's visibility. The agency believes that there are other

locations (e.g., the console) within the vehicle's interior in which

the telltale would be sufficiently noticeable by all front seat

occupants. For example, General Motors installs telltale lights above

the rearview mirror for vehicles with retrofit on-off switches.

NHTSA notes that in the final rule allowing retrofit air bag on-off

switches, it did not require that the telltale be located on the

vehicle dashboard. Instead, it simply specified that the telltale must

be visible from the driver and front passenger seating positions and

that the telltale must be located within the vehicle's interior. These

conditions allow, but do not require, the placement of the telltale on

the vehicle dashboard.

NHTSA proposes to amend FMVSS No. 208 to allow the placement of a

telltale in a location other than the vehicle dashboard as long as the

telltale is visible to all occupants of the front seat and is located

within the vehicle's interior. This second requirement is being

proposed because it would make FMVSS No. 208 consistent with Part 595

and because NHTSA believes external conditions like rain or snow could

prevent the telltale from being clearly visible at all times.

The agency seeks comment on whether there would be any degradation

of safety by not requiring uniformity of the telltale's location, i.e.,

on the vehicle dashboard.

III. Proposed Effective Date

Since the adoption of the proposal would relieve a restriction

affecting safety, NHTSA plans to make the proposed amendment effective

upon issuance of a final rule. NHTSA believes a delayed effective date

would serve no purpose since the proposed changes would permit, but not

require a change in the location of the switch telltale.

[[Page 38797]]

IV. 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 not reviewed under E.O.

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

determined to be insignificant under the Department of Transportation's

regulatory policies and procedures. NHTSA believes that this proposal,

if adopted, would result in no additional cost to manufacturers and

consumers as the proposal would only expand available options for the

design of a telltale for factory-installed air bag on-off switches.

Accordingly, the agency believes that the economic impacts of this

proposal would be so minimal as not to warrant the preparation of a

full regulatory evaluation.

Regulatory Flexibility Act

NHTSA has also considered the impacts of this notice under the

Regulatory Flexibility Act. I hereby certify that this proposed rule

would not have a significant economic impact on a substantial number of

small entities. As explained above, this proposal would have minimal

economic impact.

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 proposed rule.

National Environmental Policy Act

NHTSA has also analyzed this proposed rule under the National

Environmental Policy Act and determined that it would not have a

significant impact on the human environment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this proposal in accordance with the principles

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

proposed rule would not have significant federalism implications to

warrant the preparation of a Federalism Assessment.

Civil Justice Reform

This proposed rule would 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.

V. Comments

Interested persons are invited to submit comments on this proposal.

It is requested but not required that two 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 two

copies from which the purportedly confidential information has been

deleted should be submitted to Docket Management. 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

comment closing date indicated above for the proposal 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 the final rule will be

considered as suggestions for further rulemaking action. Comments on

the proposal will be available for inspection in the docket. 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, Motor vehicle safety, Motor vehicles, Rubber and rubber

products, Tires.

In consideration of the foregoing, it is proposed that 49 CFR Part

571 be amended as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for part 571 would continue to read as

follows:

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

delegation of authority at 49 CFR 1.50.

2. Paragraph S4.5.4.3 of Section 571.208 would be revised to read

as follows:

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

* * * * *

S4.5.4.3 A telltale light in the interior of the vehicle shall be

illuminated whenever the passenger air bag is turned off by means of

the on-off switch. The telltale shall be clearly visible to occupants

of all front seating positions. The telltale:

(a) Shall be yellow;

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

the telltale or within 25 millimeters of the telltale;

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

is ``off'';

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

``on''; and,

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

S4.5.2 of this standard.

* * * * *

Issued on July 14, 1998.

L. Robert Shelton,

Associate Administrator for Safety Performance Standards.

[FR Doc. 98-19155 Filed 7-17-98; 8:45 am]

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