[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1401-1402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-388]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 74-14; Notice 111]
RIN 2127-AG24


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Final rule.

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SUMMARY: In response to a petition from the Ford Motor Company, this 
document grants a four-month extension of the date by which vehicles 
with a gross vehicle weight rating (GVWR) of more than 8,500 pounds and 
less than 10,000 pounds must comply with the requirements for safety 
belt fit.

DATES: Effective Date: The amendments made in this rule are effective 
September 1, 1997.
    Petition Date: Any petitions for reconsideration must be received 
by NHTSA no later than February 24, 1997.

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

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590:
    For non-legal issues: Clarke Harper, Office of Crashworthiness 
Standards, NPS-11, telephone (202) 366-2264, facsimile (202) 366-4329, 
electronic mail <a href="/cdn-cgi/l/email-protection#f39393909b9281839681b39d9b878092dd979c87dd949c85">``<span class="__cf_email__" data-cfemail="80e3e8e1f2f0e5f2c0eee8f4f3e1aee4eff4aee7eff6">[email protected]</span></a>''.
    For legal issues: Edward Glancy, Office of the Chief Counsel, NCC-
20, telephone (202) 366-2992, facsimile (202) 366-3820, electronic mail 
<a href="/cdn-cgi/l/email-protection#57373732303b3639342e17393f2324367933382379303821">``<span class="__cf_email__" data-cfemail="f396949f929d908ab39d9b878092dd979c87dd949c85">[email protected]</span></a>''.

SUPPLEMENTARY INFORMATION: On August 3, 1994, NHTSA published a final 
rule amending Standard No. 208, Occupant Crash Protection, to improve 
safety belt fit and thus the rate of belt use by requiring that Type 2 
safety belts installed for adjustable seats in vehicles with a gross 
vehicle weight rating (GVWR) of 10,000 pounds or less either be 
integrated with the vehicle seat or be equipped with a means of 
adjustability to improve the fit and increase the comfort of the belt 
for a variety of different sized occupants (59 FR 39472). The final 
rule specified that the amendment take effect September 1, 1997.
    On December 22, 1995, the Ford Motor Company (Ford) petitioned the 
agency to extend the effective date of this new requirement for 
vehicles with a GVWR between 8,500 and 10,000 pounds from September 1, 
1997 to January 1, 1998. In its petition, Ford stated that unexpected 
developmental problems with a new truck platform prevented it from 
beginning production by September 1, 1997, as originally expected. Ford 
stated that redesigning the existing truck platform to meet the 
September 1, 1997 effective date would cost $4.5 million or $100 per 
vehicle. A more detailed explanation of Ford's basis for the extension 
was included in the notice of proposed rulemaking (NPRM) (61 FR 39432).
    On July 29, 1996, NHTSA published an NPRM proposing to extend the

[[Page 1402]]

amendment's effective date to January 1, 1998 for vehicles with a GVWR 
between 8,500 and 10,000 pounds. In the NPRM, NHTSA noted that, due to 
the demographics of the occupants of the affected trucks, the benefits 
from applying the belt fit requirement to those trucks would be less 
than the benefits of applying it to lower GVWR vehicles. NHTSA also 
noted in the NPRM that the economic impact of requiring Ford to go 
ahead and comply with the September 1, 1997 effective date would be 
much greater than the costs anticipated by the agency for compliance 
with the belt fit requirement. In the NPRM, NHTSA tentatively decided 
that since the safety benefits for the affected trucks was likely to be 
very small, and the costs accentuated, a four-month extension of 
leadtime was reasonable. Interested persons are encouraged to read the 
July 29, 1996 NPRM for a detailed explanation of the agency's reasoning 
(61 FR 39432).
    NHTSA received only one comment on the proposal to extend the 
compliance date for trucks with a GVWR of more than 8,500 pounds. In 
that comment, Ford supported the extension, citing the reasons included 
in its original petition and the NPRM. Accordingly, NHTSA has decided 
to adopt the proposed rule without change.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
E.O. 12866 and the Department of Transportation's regulatory policies 
and procedures. This rulemaking document was not reviewed under E.O. 
12866, ``Regulatory Planning and Review.'' This action has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures. As explained 
earlier, the agency estimates a cost savings of $4.8 to $4.9 million.

Regulatory Flexibility Act

    NHTSA has also considered the impacts of this notice under the 
Regulatory Flexibility Act. I hereby certify that this final rule has 
no significant economic impact on a substantial number of small 
entities. As explained above, NHTSA does not anticipate a significant 
economic impact on any manufacturer from this proposal. For consumers, 
granting this extension will slightly reduce the cost of these trucks, 
especially the Ford trucks, compared to their cost if the extension is 
not granted.

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 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 proposal in accordance with the principles 
and criteria contained in E.O. 12612, and has determined that this 
final rule has no significant federalism implications to warrant the 
preparation of a Federalism Assessment.

Civil Justice Reform

    This final rule will 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.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles.
    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 S7.1.2 and adding a new 
S7.1.2.3 to read as follows:


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

* * * * *
    S7.1.2  Except as provided in S7.1.2.1, S7.1.2.2, and S7.1.2.3, for 
each Type 2 seat belt assembly which is required by Standard No. 208 
(49 CFR 571.208), the upper anchorage, or the lower anchorage nearest 
the intersection of the torso belt and the lap belt, shall include a 
movable component which has a minimum of two adjustment positions. The 
distance between the geometric center of the movable component at the 
two extreme adjustment positions shall be not less than five 
centimeters, measured linearly. If the component required by this 
paragraph must be manually moved between adjustment positions, 
information shall be provided in the owner's manual to explain how to 
adjust the seat belt and warn that misadjustment could reduce the 
effectiveness of the safety belt in a crash.
* * * * *
    S7.1.2.3  The requirements of S7.1.2 do not apply to any truck with 
a gross vehicle weight rating of more than 8,500 pounds manufactured 
before January 1, 1998.
* * * * *
    Issued on December 16, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 97-388 Filed 1-9-97; 8:45 am]
BILLING CODE 4910-59-P


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