60460 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

option tire would be compatible with the 

factory installed wheel rims. If an owner 

purchases wheel rims to replace those 

installed by Volkswagen, the selling dealer 

would be responsible for advising the owner 

on the compatible tire and wheel rim 

combination.

NHTSA agrees with Volkswagen that 

this noncompliance will not have an 

adverse effect on vehicle safety. Since 

the rim size and type are marked on the 

wheels of the vehicle, the information 

needed to ensure that the vehicles are 

equipped with the proper rims is readily 

available to potential users. Volkswagen 

has not received any owner or field 

complaints regarding the lack of wheel 

rim size information on the tire pressure 

information label. Volkswagen has fixed 

the problem. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Volkswagen’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8

Issued on: September 28, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–22720 Filed 10–7–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19257; Notice 1] 

The Spares Company, Receipt of 

Petition for Decision of 

Inconsequential Noncompliance 

The Spares Company (Spares) has 

determined that air brake hose 

assemblies it manufactured from 2000 to 

2004 do not comply with S7.2.3 of 49 

CFR 571.120, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 106, 

‘‘Brake Hoses.’’ Spares has filed an 

appropriate report pursuant to 49 CFR 

Part 573, ‘‘Defect and Noncompliance 

Reports.’’

Pursuant to 49 U.S.C. 30118(d) and 

30120(h), Spares has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of Spares’

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

A total of approximately 17,000 

aftermarket air brake hose assemblies 

produced between November 2000 and 

June 2004 are affected. S7.2.3 of FMVSS 

No. 106 requires that ‘‘each air brake 

hose assembly made with end fittings 

that are attached by crimping or swaging 

* * * shall be labeled by means of a 

band around the brake hose assembly 

* * * [with the DOT symbol and the 

name of the manufacturer] or, at the 

option of the manufacturer, by means of 

labeling [of at least one end fitting 

which is etched, stamped or embossed 

with a designation that identifies the 

manufacturer].’’ The affected brake 

hoses do not have the manufacturer’s 

label or a designation of the 

manufacturer as required by S7.2.3. 

Spares manufactured these brake hose 

assemblies from its incorporation date 

in November 2000 until June 2004, 

when production was stopped because 

Spares discovered the noncompliance. 

Spares believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Spares 

explains that the units are assembled by 

Spares using Goodyear-labeled hoses 

and RB Royal-labeled fittings. Spares 

states that the ‘‘brake hose assemblies 

meet all functional performance 

requirements of the standard for the 

hose, the fittings, and the assembly and 

therefore will perform exactly as 

intended.’’

Spares further states that there have 

been no complaints from any distributor 

or consumer concerning the functioning 

of the brake hose assemblies. Spares has 

begun notifying all of its distributors of 

the labeling defect and will provide a 

band for each noncomplying hose 

currently remaining in the distributors’

possession. 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. Comments must refer to the 

docket and notice number cited at the 

beginning of this notice and be 

submitted by any of the following 

methods. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

weekdays from 10 a.m. to 5 p.m. except 

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202-493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: go to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: November 8, 

2004.

(Authority 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8)

Issued on: October 5, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–22722 Filed 10–7–04; 8:45 am] 

BILLING CODE 4910–59–P

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. 

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 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60461

1The 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.

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.

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). 

60462 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

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

Working party of experts Subject 

Sponsoring 

contracting 

party 

GRE .......................................... Installation of Lighting and Light-Signalling Devices ..................................................................... Canada. 

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 Dimensions ........................................................................... Japan. 

GRSP ........................................ Pedestrian Safety .......................................................................................................................... European 

Union. 

Lower Anchorages and Tethers for Child Safety Seats ................................................................ TBD. 

Door Locks and Door Retention Components .............................................................................. U.S.A. 

Head Restraints ............................................................................................................................. U.S.A. 

GRPE ........................................ Worldwide Heavy-Duty Certification Procedure ............................................................................ European 

Union. 

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. 

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). 

• 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). 

• Heavy-duty vehicle exhaustemissions type/approval/certification 

procedure (Sponsored by European 

Union), GTR to be prepared by GRPE. 

(UN/ECE document TRANS/WP.29/

AC.3/8). 

• Protection of pedestrians and other 

vulnerable road users in collision with 

vehicles (Sponsored by European 

Union), GTR to be prepared by GRSP. 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60463

2The 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.

(UN/ECE document TRANS/WP.29/

AC.3/7). 

• World-wide motorcycle emissions 

tests (Sponsored by Germany), GTR to 

be prepared by GRPE. (UN/ECE 

document TRANS/WP.29/AC.3/6). 

• 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). 

• 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.

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 

60464 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

1 Docket No. NHTSA–2003–15651–1.

2 68 FR 42454. Initially, the comment period was 

scheduled to end on September 2, 2003, but that 

period was twice extended, ultimately to October 

31, 2003 (see notices extending comment period at 

68 FR 51635 (August 27, 2003); 68 FR 56041 

(September 29, 2003)).

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 rearend 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. 

• UN/ECE Regulation 17—Uniform 

Provisions Concerning the Approval of 

Vehicles With Regard to the Seats, Their 

Anchorages, and any Head Restraints. 

• UN/ECE Regulation 25—Uniform 

Provisions Concerning the Approval of Head 

Restraints (Head Rests), Whether or not 

Incorporated in Vehicle Seats. 

• EU Directive 74/408, Concerning Interior 

Fittings of Motor Vehicles. 

• 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). 

• EU Directive 78/932/EEC, Concerning 

Head Restraints of Seats of Motor Vehicles. 

• U.S. Code of Federal Regulations (CFR) 

Title 49: Transportation; Part 571.202: Head 

Restraints. 

• Australian Design Rule 3/00, Seats and 

Seat Anchorages. 

• Australian Design Rule 22/00, Head 

Restraints. 

• Japan Safety Regulation for Road 

Vehicles Article 22—Seat. 

• Japan Safety Regulation for Road 

Vehicles Article 22–4—Head Restraints, etc. 

• Canada Motor Vehicle Safety Regulation 

No. 202—Head Restraints. 

• 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] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 03–15651] 

Federal Motor Vehicle Safety 

Standards; Lamps, Reflective Devices, 

and Associated Equipment

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Notice of interpretation.

SUMMARY: This document provides an 

interpretation concerning how our 

standard for lamps, reflective devices, 

and associated equipment applies to 

replacement equipment. Our 

interpretation reflects consideration of 

the public comments on an earlier draft 

interpretation.

FOR FURTHER INFORMATION CONTACT: Eric 

Stas, Office of Chief Counsel, National 

Highway Traffic Safety Administration, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone: (202) 366–2992. 

Fax: (202) 366–3820.

SUPPLEMENTARY INFORMATION: 

Role of the Chief Counsel 

One of the functions performed by 

NHTSA’s Chief Counsel is to issue 

interpretations of the statutes 

administered by the agency and 

regulations issued by the agency under 

those statutes. See 49 CFR 501.8(d)(5). 

These interpretations are typically 

issued in the form of a letter responding 

to a request for interpretation from a 

manufacturer or other interested person. 

Our interpretations have always been 

placed in public viewing files and, more 

recently, have been available to the 

public via the Internet. 

We believe that, in certain cases 

involving important, novel issues with 

potentially broad impacts, it is 

beneficial to publish draft 

interpretations in the Federal Register

to provide an opportunity for public 

comment. This helps ensure that the 

agency has considered all relevant 

issues prior to publishing a final 

interpretation. 

Requests for Interpretation by CalcoastITL 

On March 6, 2003, NHTSA received 

two requests for interpretation 

submitted by Calcoast-ITL (Calcoast), a 

testing company.1 Those letters asked a 

number of questions regarding how 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 108, Lamps, Reflective 

Devices, and Associated Equipment,

applies to replacement equipment.

The first Calcoast letter asked whether 

replacement lamps are required to have 

all the functions of original lamps. The 

letter also asked whether replacement 

lamps for the rear of a vehicle may have 

the rear reflex reflectors in a location 

that is inboard from that in the original 

lamps. 

The second Calcoast letter asked a 

series of questions regarding the 

permissibility of using light sources in 

aftermarket lamps that are different from 

those specified by the original 

equipment (OE) manufacturer. 

NHTSA’s Notice of Draft Interpretation; 

Request for Comments 

Because the questions raised in the 

Calcoast letters raised significant issues 

concerning how FMVSS No. 108 applies 

to replacement lighting equipment, the 

agency decided to seek public comment 

regarding the agency’s proposed 

response to Calcoast’s interpretation 

requests. Accordingly, we published a 

notice of draft interpretation in the 

Federal Register on July 17, 2003.2

By way of background, FMVSS No. 

108 specifies requirements for original 

and replacement lamps, reflective 

devices, and associated equipment (see

S1). The standard applies to passenger 

cars, multipurpose passenger vehicles, 

trucks, buses, trailers, and motorcycles 

(see S3(a)). Under the standard, vehicle 

manufacturers are required to certify 

that a new vehicle meets, among other 

things, FMVSS No. 108’s requirements 

with respect to lamps, reflective 

devices, and associated equipment. In 

addition, FMVSS No. 108 also applies to 

lamps, reflective devices, and associated 

equipment for replacement of like 

equipment on vehicles to which this 

standard applies (see S3(c)). Thus,