45172 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

to resolve interference to affected stations. See S.

Rep. No. 46, 101st Cong., 1st Sess., 41 (1989).

conclude that the compensation

program set forth in Section 7 of the

Radio Broadcasting to Cuba Act has

elapsed and, therefore, removal of the

rules implementing Section 7 of the

Radio Broadcasting to Cuba Act is

warranted. For the same reason, we

have removed Section 0.61(g), 47 CFR

0.61(g), which gave the Mass Media

Bureau responsibility for processing

compensation claims resulting from the

Radio Marti operations. Similarly, we

have deleted OMB control numbers

3060–0344 and 3060–0345 from the list

of OMB control numbers assigned

pursuant to the Paperwork Reduction

Act, Public Law 104–13, and set forth in

Section 0.408, 47 CFR 0.408. These

control numbers identified the

Commission’s forms used to file

compensation claims at issue.

5. Because this order will remove

rules which are no longer authorized by

a statute, this change constitutes a

minor amendment to our rules. The

expiration of Congress’ authorization to

carry out the compensation program

makes the removal of the rules

implementing the compensation

program a ministerial function.

Therefore, we find for good cause that

compliance with the notice and

comment procedure of the

Administrative Procedure Act is

unnecessary and that this action is not

subject to the thirty day effective period

required by section 553(d) of the

Administrative Procedure Act, 5 U.S.C.

§ 553(d). Accordingly, this Order is

effective immediately upon publication

in the Federal Register. (See 5 U.S.C.

§ 553(b)(B)).

6. Accordingly, it is ordered, that

pursuant to Sections 4(i), 4(j), and 303(r)

of the Communications Act, 47 U.S.C.

§§ 154(i), 154(j), 303(r), 47 CFR part 1,

is amended to remove Subpart M, which

consists of Sections 1.1701 through

1.1712.

7. It is further ordered that this Order

will be effective on August 26, 1997.

8. Further information on this

proceeding may be obtained by

contacting Ana Janckson-Curtis,

Compliance and Information Bureau, at

(202) 418–1160.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 1 of Title 47 of the Code

of Federal Regulations are amended as

follows:

PART 0—ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Sec. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

§ 0.61 Functions of the Bureau.

2. Section 0.61 is amended by

removing and reserving paragraph (g).

§ 0.408 OMB control number and

expiration dates assigned pursuant to the

Paperwork Reduction Act.

3. Section 0.408 is amended by

removing the entries for OMB Control

Nos. 3060–0344 and 3060–0345.

PART 1—PRACTICE AND

PROCEDURE

4. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303,

and 309(j), unless otherwise noted.

5. Subpart M of part 1, consisting of

§§ 1.1701 through 1.1712, is removed

and reserved.

[FR Doc. 97–22117 Filed 8–25–97; 8:45 am]

BILLING CODE 6712–01–P

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.

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
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45173

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, upwarddeploying 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 upwarddeploying 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 topmounted, 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-ofposition 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
45174 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

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
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45175

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 selfaddressed, 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:

§ 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]

BILLING CODE 4910–59–P