[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60460-60464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22701]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-14395]


NHTSA's Activities Under the United Nations Economic Commission 
for Europe 1998 Global Agreement

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

ACTION: Notice of activities under the 1998 Global Agreement and 
request for comments.

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SUMMARY: NHTSA is publishing this notice to inform the public of the 
schedule of meetings of the World Forum for Harmonization of Vehicle 
Regulations (WP.29) and its working parties of experts for the period 
of October 2004 through December 2005. In addition, this notice informs 
the public about the status of activities under the Program of Work of 
the 1998 Global Agreement and requests comments on various aspects of 
these activities, including a proposal from the United States for the 
development of a global technical regulation (GTR) on head restraints. 
Publication of this information is in accordance with NHTSA's Statement 
of Policy regarding

[[Page 60461]]

Agency Policy Goals and Public Participation in the Implementation of 
the 1998 Global Agreement on Global Technical Regulations.

DATES: Written comments may be submitted to this agency and must be 
received by November 8, 2004.

ADDRESSES: You may submit your comments in writing to: Docket 
Management, Room PL-401, 400 Seventh St., SW., Washington, DC, 20590. 
Alternatively, you may submit your comments electronically by logging 
onto the Dockets Management System Web site at http://dms.dot.gov. 
Click on ``Help & Information'' or ``Help/Info'' to view instructions 
for filing your comments electronically. Regardless of how you submit 
your comments, you should mention the docket number of this document. 
Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see 
the Privacy Act heading under Request for Comments.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Abraham, Director, Office of 
International Policy, Fuel Economy, and Consumer Programs, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590; phone number (202) 366-2114, fax number (202) 
493-2280.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
I. List of Tentative Meetings of WP.29 and Its Working Parties of 
Experts
III. Status of Activities Under the Program of Work of the 1998 
Global Agreement
    a. Formal proposals for the development of GTRs submitted by 
contracting parties based on the Program of Work
    b. U.S. draft proposal for the development of a GTR on head 
restraints
    c. Recommendations by working parties of experts for the 
establishment of GTRs under the 1998 Global Agreement
IV. Request for Comments
V. Privacy Act
VI. Appendix

I. Introduction

    On August 23, 2000, NHTSA published in the Federal Register (65 FR 
51236) a statement of policy regarding the agency's policy goals and 
public participation in the implementation of the 1998 Global 
Agreement, indicating that each calendar year the agency would provide 
a list of scheduled meetings of WP.29 and the working parties of 
experts, as well as meetings of the Executive Committee of the 1998 
Global Agreement. Further, in that policy statement, the agency stated 
that it would keep the public informed about a program of work under 
the Agreement (i.e., agreed subjects for which GTRs should be 
developed) as well as a list of candidate GTRs that have been formally 
proposed by a contracting party and referred to a working party of 
experts and those draft GTRs that have been developed and referred by a 
working party of experts to the Executive Committee for establishment 
under the Agreement.
    Through a series of Federal Register notices published between July 
2000 and February 2003 ((65 FR 44565), (66 FR 4893), (68 FR 5333)), the 
agency notified the public about status of activities under the 1998 
Global Agreement and sought comments on various issues and proposals. 
In the most recent notice (68 FR 5333), the agency discussed the 
establishment of a Program of Work for the 1998 Global Agreement, which 
was formally adopted by WP.29 at its March 2002 Session, and announced 
and made available formal proposals for GTRs submitted by contracting 
parties. The notice also requested comments on the U.S. draft proposal 
for the development of a GTR on door locks and door retention 
components.

II. List of Tentative Meetings of WP.29 and Its Working Parties of 
Experts

    The following list contains meetings tentatively scheduled for the 
period of October 2004 through December 2005. The meeting dates are 
subject to confirmation by the Inland Transport Committee of the United 
Nations Economic Commission for Europe \1\ during its February 2005 
session. However, the agency does not anticipate any changes to the 
schedule. In addition, working parties of experts may schedule, if 
necessary, informal meetings in addition to their regularly scheduled 
ones in order to address specific GTRs under consideration.
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    \1\ The Inland Transport Committee provides a forum for its 
member Governments for (i) cooperation and consultation based on the 
exchange of information and experiences, (ii) the analysis of 
transport trends and economics and transport policy trends, and 
(iii) coordinated action designed to achieve an efficient, coherent, 
balanced and flexible transport system in the ECE region which is 
based on principles of market economy, pursues the objectives of 
safety, environmental protection and energy efficiency in transport 
and takes into account transport developments and policy of member 
Governments; WP.29 Reports to this Committee.
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Schedule of Meetings of WP.29 and Its Working Parties of Experts

2004
October
    4-8: Working Party on Lighting and Light-Signaling (GRE) (53rd 
session).
    12-15: Working Party on General Safety Provisions (GRSG) (87th 
session).
November
    15: Administrative Committee for the Coordination of Work (WP.29/
AC.2) (86th session).
    16-19: World Forum for Harmonization of Vehicle Regulations (WP.29) 
(134th session) and Administrative Committee of the 1958 Agreement 
(AC.1) (28th session) and Executive Committee of the 1998 Global 
Agreement (AC.3)(12th session).
December
    7-10: Working Party on Passive Safety (GRSP) (36th session).
2005
January
    11-4: Working Party on Pollution and Energy (GRPE) (49th session).
    31-Feb 4: Working Party on Brakes and Running Gear (GRRF) (57th 
session).
March
    7: Administrative Committee for the Coordination of Work (WP.29/
AC.2) (87th session).
    8-11: World Forum for Harmonization of Vehicle Regulations (WP.29) 
(135th session) and Administrative Committee of the 1958 Agreement 
(AC.1) (29th session) and Executive Committee of the 1998 Global 
Agreement (AC.3) (13th session).
April
    5-8: Working Party on Lighting and Light Signaling (GRE) (54th 
session).
    18-22: Working Party on General Safety Provisions (GRSG) (88th 
session).
May
    23-27: Working Party on Passive Safety (GRSP) (37th session).
    31-June 3: Working Party on Pollution and Energy (GRPE) (50th 
session).
June
    20: Administrative Committee for the Coordination of Work (WP.29/
AC.2) (88th session).
    21-24: World Forum for Harmonization of Vehicle Regulations (WP.29) 
(136th session) and Administrative Committee of the 1958 Agreement 
(AC.1) (30th session) and Executive Committee of the 1998 Global 
Agreement (AC.3) (14th session).
September
    20-23: Working Party on Brakes and Running Gear (GRRF) (58th 
session).

[[Page 60462]]

October
    3-7: Working Party on Lighting and Light Signaling (GRE) (58th 
session).
    11-14: Working Party on General Safety Provisions (GRSG) (89th 
session).
November
    14: Administrative Committee for the Coordination of Work (WP.2/
AC.2) (89th session).
    15-18: World Forum for Harmonization of Vehicle Regulations (WP.29) 
(137th session) and Administrative Committee of the 1958 Agreement 
(AC.1) (31st session) and Executive Committee of the 1998 Global 
Agreement (AC.3) (15th session).
December
    6-9: Working Party on Passive Safety (GRSP) (38th session).

III. Status of Activities Under the Program of Work of the 1998 Global 
Agreement

    In March 2001, NHTSA submitted to WP.29 and the Executive Committee 
of the 1998 Global Agreement its final recommendations for the first 
motor vehicle safety GTRs to be considered for establishment under that 
Agreement. The Administrative Committee for the Coordination of Work of 
WP.29 (AC.2) reviewed the recommendations made by various contracting 
parties, including the United States, Canada, the European Union, 
Japan, and Russia, as well as those made by other interested parties 
and reached agreement on a Program of Work, taking into account the 
workload of the working parties of experts under WP.29. AC.2 then 
submitted the Program of Work to the Executive Committee of the 1998 
Global Agreement (AC.3). The AC.3 approved the Program of Work and 
requested that contracting parties volunteer to sponsor each listed 
regulation by submitting a formal proposal as required by Article 6 of 
the 1998 Global Agreement. WP.29 formally adopted the Program of Work 
at its session in March 2002. Since that session, several contracting 
parties stepped forward as sponsors for the individual work items and 
have formalized their sponsorship by submitting proposals for the 
development of GTRs on these items. While progress has been made in 
several areas, the Program of Work has remained for the most part 
unchanged since its approval in 2002, with minor exceptions. The status 
of hydrogen fuel cell vehicles as well as tire performance has been 
upgraded from an area for an exchange of information to an area for 
active discussion regarding the feasibility of establishing a GTR. In 
addition, there has also been discussion regarding whether to add Event 
Data Recorders, an agreed item of work under the 1958 Agreement, to the 
Program of Work for the 1998 Global Agreement.
    The following table updates the subjects and lists the sponsoring 
contracting party. In addition to the list below, the contracting 
parties will continue to exchange information in the following areas: 
field of vision (GRSG); side-impact dummy and compatibility (GRSP); 
worldwide light duty vehicle test procedures (GRPE); and intelligent 
vehicle systems (WP.29).

                                  Program of Work of the 1998 Global Agreement
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                                                                                        Sponsoring contracting
        Working party of experts                           Subject                              party
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GRE.....................................  Installation of Lighting and Light-        Canada.
                                           Signalling Devices.
GRRF....................................  Motorcycle Brakes........................  Canada.
                                          Passenger Vehicle Brakes.................  U.K. and Japan.
                                          Tire Performance.........................  France.
GRSG....................................  Safety Glazing...........................  Germany.
                                          Controls and Displays....................  Canada.
                                          Vehicle Classification, Masses and         Japan.
                                           Dimensions.
GRSP....................................  Pedestrian Safety........................  European Union.
                                          Lower Anchorages and Tethers for Child     TBD.
                                           Safety Seats.
                                          Door Locks and Door Retention Components.  U.S.A.
                                          Head Restraints..........................  U.S.A.
GRPE....................................  Worldwide Heavy-Duty Certification         European Union.
                                           Procedure.
                                          Worldwide Motorcycle Emission Test Cycle.  Germany.
                                          Heavy-Duty On-Board Diagnostics..........  U.S.A.
                                          Off-Cycle Emissions......................  U.S.A.
                                          Non-Road Mobile Machinery................  European Union.
                                          Hydrogen Fuel Cell Vehicles..............  Germany.
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a. Formal Proposals for the Development of GTRs Submitted by 
Contracting Parties Based on Program of Work

    As of the publication of the February 3, 2003 Federal Register 
notice (68 FR 14395), and pursuant to Article 6 of the 1998 Global 
Agreement, which sets forth the process and conditions under which a 
contracting party may make proposals for the establishment of GTRs, the 
following proposals have been made by contracting parties and referred 
to the proper working party of experts. These proposals and supporting 
documentations can be found in the docket for this notice. They can 
also be found on the UN/ECE Web site http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29glob.html or under the respective working 
party of expert link (http://www.unece.org/trans/main/welcwp29.htm).
    <bullet> Safety glazing materials for motor vehicles and motor 
vehicle equipment (Sponsored by Germany), GTR to be prepared by GRSG. 
(UN/ECE document TRANS/WP.29/AC.3/9).
    <bullet> Heavy-duty vehicle exhaust-emissions type/approval/
certification procedure (Sponsored by European Union), GTR to be 
prepared by GRPE. (UN/ECE document TRANS/WP.29/AC.3/8).
    <bullet> Protection of pedestrians and other vulnerable road users 
in collision with vehicles (Sponsored by European Union), GTR to be 
prepared by GRSP.

[[Page 60463]]

(UN/ECE document TRANS/WP.29/AC.3/7).
    <bullet> World-wide motorcycle emissions tests (Sponsored by 
Germany), GTR to be prepared by GRPE. (UN/ECE document TRANS/WP.29/
AC.3/6).
    <bullet> Installation of lighting and light signaling devices 
(Sponsored by Canada), GTR to be prepared by GRE. (UN/ECE document 
TRANS/WP.29/AC.3/4).
    <bullet> Motorcycle brake systems (Sponsored by Canada); GTR to be 
prepared by GRRF. (UN/ECE document TRANS/WP.29/AC.3/3).

b. U.S. Draft Proposal for the Development of a GTR on Head Restraints

    During the upcoming meeting of WP.29 and the Executive Committee of 
the 1998 Global Agreement in November 2004, NHTSA will formalize its 
sponsorship of the regulation on Head Restraints as identified in the 
Program of Work of the 1998 Global Agreement. The draft proposal, as 
set forth in the appendix, describes the objective of the global 
technical regulation and identifies in general terms issues to be 
considered during the development of the regulation.

c. Recommendations by Working Parties of Experts for the Establishment 
of GTRs Under the 1998 Global Agreement

    In the February 3, 2003 notice, NHTSA sought comments on a proposal 
that formalizes the U.S. sponsorship of a GTR on door locks and door 
components. In response to the agency's request for comment on the 
proposal, NHTSA received comments from the Insurance Institute for 
Highway Safety (IIHS) and Advocates for Highway and Auto Safety 
(Advocates). Both organizations supported the pursuit of work in this 
area, which is intended to lead to an upgrade to the current U.S. 
standard. Specifically, IIHS supported efforts to test door latch 
systems as they are mounted in the vehicle and requested that the 
requirements apply to all doors in light passenger vehicles. Advocates 
supported a regulation that ensures that side and rear doors stay 
closed during a severe crash and that some doors can be opened after a 
crash, without tools, to allow the egress of passengers. The proposal 
was formally presented by the U.S. at the March 2003 WP.29 meeting, and 
adopted by the Executive Committee and referred to the Working Party of 
Experts (GRSP) at the June 2003 Session of WP.29.
    In September 2003, the GRSP formed an informal working group to 
develop a GTR. The informal group considered the comments from the IIHS 
and Advocates as well as those from other contracting parties during 
the GTR development process. At its May 2003 session, GRSP concluded 
its work and agreed to recommend a draft GTR on door locks and door 
retention components to the Executive Committee for establishment under 
the 1998 Global Agreement. This GTR as well as supporting documentation 
developed by GRSP, including a final report, can be found in the docket 
for this notice. Among other things, the report discusses the Working 
Party's consideration of issues raised in the comments submitted in 
response to our February 2003 notice.
    The U.S. intends to vote at the November 2004 WP.29 session to 
establish this draft GTR as the first GTR under the 1998 Global 
Agreement. Closely following this November vote, the U.S. will publish 
a notice of proposed rulemaking (NPRM) based on this GTR.\2\ If public 
comments on the NPRM lead the agency to adopt a final rule that differs 
in any significant way from the GTR, the U.S. will consider submitting 
a proposal to make conforming amendments to the GTR.
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    \2\ The establishment of a GTR under the Agreement obligates 
those contracting parties voting for the GTR to initiate their 
domestic process for adopting the GTR as a national or regional 
standard, but leaves the final decision on adoption to the 
discretion of each party. (See Article 7). The issuance of an NPRM 
is one way of fulfilling that obligation.
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    In addition to the GTR on door lock and door retention components, 
progress has been made on two other GTRs. The GRE is discussing a 
Canadian proposal for a draft GTR on Lighting and Light-Signaling 
Devices for Road Vehicles. The GRSG is discussing a German proposal for 
a draft GTR on Safety Glazing. Both of these draft GTRs can be found in 
the docket.

IV. Request for Comments

    The agency invites public comments on the formal proposals for the 
development of GTRs submitted by contracting parties based on the 
Program of Work. In particular, the agency seeks public comments on the 
U.S. proposal for the development of a GTR in the area of head of 
restraints. The proposal is set forth in the appendix of this notice. 
The agency also welcomes comments on the GRSP recommended GTR on door 
locks and door lock retention components, which is expected to be 
established through a vote of the 1998 Global Agreement Executive 
Committee at the upcoming November 2004 WP.29 meeting. However, given 
the fact that the agency plans to issue an NPRM based on this GTR in 
the near future, the agency will consider detailed comments as part of 
the regular rulemaking process. In the event that commenters provide 
new information and data that lead the agency to adopt a final rule 
that significantly differs from the GTR, the agency would consider 
proposing to amend the GTR.

V. Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit http://dms.dot.gov.

VI. Appendix--Proposal for the Development of a GTR on Head Restraints, 
To Be Submitted to the Executive Committee of the 1998 Global Agreement 
(AC.3), November 2004

A. Objective of the Proposal

    In the United States, between 1988 and 1996, 805,581 whiplash 
injuries (non-contact Abbreviated Injury Scale (AIS 1) (neck) 
occurred annually in all crashes of passenger cars and LTVs (light 
trucks, multipurpose passenger vehicles and vans). 272,464 of these 
whiplash injuries occurred as a result of rear impacts. For rear 
impact crashes, the average cost of whiplash injuries in 2002 
dollars is $9,994 (which includes $6,843 in economic costs and 
$3,151 in quality of life impacts, but not property damage), 
resulting in a total annual cost of approximately $2.7 billion. 
Although the front outboard seat occupants sustain most of these 
injuries, whiplash is an issue for rear seat passengers as well. 
During the same time frame, an estimated 5,440 whiplash injuries 
were reported annually for occupants of rear outboard seating 
positions.
    The objective of this proposal is to develop an improved and 
harmonized head restraint global technical regulation (GTR) under 
the 1998 Global Agreement. The work on the GTR will provide an 
opportunity to consider, most, if not all, international safety 
concerns as well as available technological developments.
    The United States is currently in the process of upgrading its 
head restraint standard to provide more stringent requirements. In 
1982, the U.S. assessed the performance of head restraints installed 
pursuant to the current standard and reported that integral head 
restraints are 17 percent effective at reducing neck injuries in 
rear impacts and adjustable head restraints are only 10 percent 
effective. The ECE regulations on head restraints are considerably 
more stringent than the current U.S. regulation, and were used as a 
baseline in developing the new U.S. standard.
    In light of the U.S. regulatory upgrade effort, we believe that 
this would be an

[[Page 60464]]

excellent opportunity for the international community to develop and 
establish a GTR in this area. Everyone could benefit from 
harmonization and new technology based improvements of the head 
restraint regulation. The benefits to the governments would be the 
improved safety of the head restraints, leveraging of resources, and 
the harmonization of requirements. Manufacturers would benefit from 
reduction of the cost of development, testing, and fabrication 
process of new models. Finally, the consumer would benefit by having 
a choice of vehicles built to higher, globally recognized standards, 
providing a better level of safety at a lower price.

B. Description of the Proposed Regulation

    The scope of the GTR will specify requirements for head 
restraints to reduce the frequency and severity of neck injury in 
rear-end and other collisions. The proposed GTR will combine 
elements from ECE 17, ECE 25, and newly upgraded U.S. Federal Motor 
Vehicle Safety Standard (FMVSS) 202. Two of the newly proposed FMVSS 
202 requirements are significant and not included in any other 
published regulation. The first proposes to require that the space 
between the head restraint and the occupant's head (backset) be 
limited. The second proposes a new dynamic test, as an optional 
means of compliance. The U.S. will prepare a table to facilitate 
comparison of the present standards and submit it as a formal 
document to the GRSP. The results of additional research and testing 
conducted by any contracting parties since the existing regulations 
were promulgated will also be factored into the requirements of the 
draft GTR and may result in the proposal of new requirements.
    Elements of the GTR that cannot be resolved by the Working Party 
will be identified and dealt with in accordance with protocol 
established by AC.3 and WP.29. The proposed GTR will be drafted in 
the format adopted by WP.29 (TRANS/WP.29/882).

C. Existing Regulations and Directives

    The following regulations and standards will be taken into 
account during development of the new GTR regarding head restraints.
    <bullet> UN/ECE Regulation 17--Uniform Provisions Concerning the 
Approval of Vehicles With Regard to the Seats, Their Anchorages, and 
any Head Restraints.
    <bullet> UN/ECE Regulation 25--Uniform Provisions Concerning the 
Approval of Head Restraints (Head Rests), Whether or not 
Incorporated in Vehicle Seats.
    <bullet> EU Directive 74/408, Concerning Interior Fittings of 
Motor Vehicles.
    <bullet> EU Directive 96/037, Adapting to Technical Progress 
Council Directive 74/408/EEC Relating to the Interior Fittings of 
Motor Vehicles (strength of seats and of their anchorages).
    <bullet> EU Directive 78/932/EEC, Concerning Head Restraints of 
Seats of Motor Vehicles.
    <bullet> U.S. Code of Federal Regulations (CFR) Title 49: 
Transportation; Part 571.202: Head Restraints.
    <bullet> Australian Design Rule 3/00, Seats and Seat Anchorages.
    <bullet> Australian Design Rule 22/00, Head Restraints.
    <bullet> Japan Safety Regulation for Road Vehicles Article 22--
Seat.
    <bullet> Japan Safety Regulation for Road Vehicles Article 22-
4--Head Restraints, etc.
    <bullet> Canada Motor Vehicle Safety Regulation No. 202--Head 
Restraints.
    <bullet> International Voluntary Standards--SAE J211/1 revised 
March 1995--Instrumentation for Impact Test--Part 1--Electronic.

    Issued on October 5, 2004.
Julie Abraham,
Director, Office of International Policy, Fuel Economy and Consumer 
Programs.
[FR Doc. 04-22701 Filed 10-5-04; 1:25 pm]
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