[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 67752-67754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33956]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 595

[Docket No. NHTSA-97-3111]
RIN 2127-AG61


Air Bag On-Off Switches

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

ACTION: Final rule, correcting amendment.

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SUMMARY: This document amends a final rule which allows motor vehicle 
dealers and repair businesses to install retrofit manual on-off 
switches for air bags in motor vehicles. The rule requires the on-off 
switch to be key operated and requires a telltale that indicates the 
operating status of the air bag. NHTSA has determined that the language 
of the regulatory text could be mistakenly interpreted to require a key 
specifically matched to the on-off switch and that the rule was 
ambiguous as to how the readiness indicator should function when one or 
both air bags have been deactivated by means of the on-off

[[Page 67753]]

switch. This rule revises the language of the regulatory text to 
clarify these issues. It also corrects a clerical error found in the 
original regulatory text.

DATES: Effective Date: The amendments made to this final rule are 
effective December 18, 1997. Petitions: Petitions for reconsideration 
must be received by February 13, 1998.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number of this rule and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:
    For information about air bags and related rulemaking: Visit the 
NHTSA web site at http://www.nhtsa.dot.gov and click on the icon ``Air 
Bag Page''.
    For legal issues: Ms. Rebecca MacPherson, Office of Chief Counsel, 
NCC-20, National Highway Traffic Safety Administration, 400 Seventh 
Street, SW, Washington, DC 20590. Telephone (202) 366-2992. Fax: (202) 
366-3820.

SUPPLEMENTARY INFORMATION: On November 21, 1997, NHTSA published in the 
Federal Register (62 FR 62406) a final rule which allows motor vehicle 
dealers and repair businesses to install retrofit manual on-off 
switches for air bags in vehicles owned by or used by persons whose 
requests for switches have been approved by the agency. Among the 
provisions of the final rule was a requirement that the on-off switch 
be operable solely by means of a key. Shortly after publication, the 
Ford Motor Company contacted NHTSA and stated that its existing on-off 
switch could be operated by means other than a key specifically 
designed for the switch. Ford requested clarification that its design 
would conform with the criteria set forth in the final rule.
    NHTSA's purpose in requiring operation by a key was to ensure that 
the on-off switch could not be inadvertently triggered, thereby turning 
an air bag on or off without the conscious intent to do so. The concept 
of using of a key designed specifically to work with a particular on-
off switch, was considered and rejected when the agency drafted the 
final rule. What the Agency intended was an instrument that must be 
inserted into the on-off switch mechanism and turned to change the 
status of an air bag, as opposed, for example, to a knob that could be 
turned by an occupant. Such an instrument need not be a ``key'' as that 
term is used in everyday speech, even though it falls within the 
dictionary definition (cf, Webster's Third New International 
Dictionary, etc.) Accordingly, the rule is being amended to require the 
use of a ``key or a key-like object'' to operate.
    A sentence has been added to the end of section 595.5(b)(3)(i) to 
parallel the language concerning the air bag readiness indicator found 
in S4.5.2 of FMVSS 208. The addition of this sentence does not change 
the substantive requirements of the final rule.
    This rule also corrects a clerical error found within section 
595.5(b)(3) of the regulatory text. NHTSA notes that these changes to 
the final rule are minor changes which do not substantively impact the 
final rule as issued on November 18, 1997. Accordingly, NHTSA finds 
that the issuance of this rule does not require a prior period of 
notice and comment. NHTSA also finds for good cause that this final 
rule can be made effective in less than thirty days. An immediate 
effective date will allow switch manufacturers to design on-off 
switches in a manner which they find to be the most effective without 
fear of inconsistency with the regulatory requirements.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed by 
the Office of Management and Budget (OMB) under E.O. 12866, 
``Regulatory Planning and Review.'' This document amends an action that 
was determined to be ``significant'' under the Department of 
Transportation's regulatory policies and procedures because of the 
degree of public interest in this subject. However, this rule does not 
impose any new requirements on manufacturers. It simply clarifies the 
existing requirements.

Regulatory Flexibility Act

    NHTSA has considered the effects of this rulemaking action under 
the Regulatory Flexibility Act. I hereby certify that this rule will 
not have a significant economic impact on a substantial number of small 
entities. As explained above, this rule will not have an economic 
impact on any manufacturer or other entity.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this final rule.

National Environmental Policy Act

    NHTSA has also analyzed this final rule under the National 
Environmental Policy Act and determined that it will not have a 
significant impact on the human environment.

Executive Order 12612 (Federalism)

    NHTSA has analyzed this rule in accordance with the principles and 
criteria contained in E.O. 12612, and has determined that this rule 
will not have significant federalism implications to warrant the 
preparation of a Federalism Assessment.

The Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the costs, benefits and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. This rule does not meet the definition of a 
Federal mandate, because it adds no additional cost to the completely 
permissive final rule which it is clarifying.

Civil Justice Reform

    This final rule has no retroactive effect. Under 49 U.S.C. 30103, 
whenever a Federal motor vehicle safety standard is in effect, a State 
may not adopt or maintain a safety standard applicable to the same 
aspect of performance which is not identical to the Federal standard, 
except to the extent that the State requirement imposes a higher level 
of performance and applies only to vehicles procured for the State's 
use. 49 U.S.C. 30161 sets forth a procedure for judicial review of 
final rules establishing, amending or revoking Federal motor vehicle 
safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

List of Subjects in 49 CFR Part 595

    Imports, Motor vehicle safety, Motor vehicles.

    In consideration of the foregoing, NHTSA amends 49 CFR part 595, 
which becomes effective on December 18, 1997, as follows:
    1. The authority citation for part 595 will continue to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166; 
delegation of authority at 49 CFR 1.50.

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

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

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

* * * * *


Sec. 595.5  Requirements.

* * * * *
    (b) * * *
    (3) The on-off switch meets all of the conditions specified in 
paragraphs (b)(3)(i) and (ii) of this section.
    (i) The on-off switch is operable solely by a key or a key-like 
object. The on-off switch shall be separate from the ignition switch 
for the vehicle, so that the driver must take some action other than 
inserting the ignition key or turning the ignition key in the ignition 
switch to turn off the air bag. Once turned off, the air bag shall 
remain off until it is turned back on by means of the device. If a 
single on-off switch is installed for both air bags, the on-off switch 
shall allow each air bag to be turned off without turning off the other 
air bag. The readiness indicator required by S4.5.2 of Sec. 571.208 of 
this chapter shall continue to monitor the readiness of the air bags 
even when one or both air bags has been turned off. The readiness 
indicator light shall not be illuminated solely because an air bag has 
been deactivated by means of an on-off switch.
* * * * *
    Issued on: December 18, 1997.
Ricardo Martinez,
Administrator.
[FR Doc. 97-33956 Filed 12-29-97; 8:45 am]
BILLING CODE 4910-59-P