Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules 38795

FHWA intends, in compliance with the

Regulatory Flexibility Act (5 U.S.C.

601–612), to carefully consider the

economic impact of these potential

changes on small entities. The FHWA

solicits comments, information and data

on these impacts.

Unfunded Mandates Reform Act

The FHWA will analyze any proposed

rule to determine whether it would

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year, as required by

the Unfunded Mandates Reform Act of

1995 (2 U.S.C. 1532).

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed using

the principles and criteria contained in

Executive Order 12612. Because of the

preliminary nature of this document, it

is not possible to determine whether

this proposal will have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

The FHWA is presenting this

rulemaking as an opportunity to air

complex issues.

These issues appear to have

federalism implications. For example,

adoption by the FHWA of the OOS

Criteria as part of the FMCSRs would

have an effect on States and

municipalities. By making the OOS

Criteria a part of the FMCSRs, the

FHWA would be exercising control over

those criteria. The CVSA might

experience a diminished role in the

development of policy standards for the

exercise of enforcement discretion. Its

member States might likewise

experience a reduced role in their

relationships with the Federal

government. Incorporation by reference

within the FMCSRs might have less of

a federalism impact. The FHWA would

have to conduct a rulemaking whenever

the CVSA developed revisions of the

OOS Criteria. But, because the language

of the OOS Criteria would be more

directly under the control of the CVSA,

the federalism impact would be less

than in the first approach. Maintaining

the current policy would appear to have

minimal federalism impact. The StateFederal partnership which has been

operative in this area would presumably

continue, and the CVSA and its member

States would continue to play a large

role in the maintenance of the OOS

Criteria.

Executive Order 12372

(Intergovernmental Review)

The regulations implementing

Executive Order 12372 regarding

intergovernmental consultation on

Federal programs and activities do not

apply to this program. Catalog of

Federal Domestic Assistance Program

Number 20.217, Motor Carrier Safety.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501–

3520.

National Environmental Policy Act

The agency has analyzed this action

for purposes of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and it has

determined that this action would not

have any effect on the quality of the

environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects

49 CFR Part 395

Highway safety, Motor carriers,

Reporting and recordkeeping

requirements.

49 CFR Part 396

Highway safety, Motor carriers, Motor

vehicle safety, Reporting and

recordkeeping requirements.

Authority: 49 U.S.C. 31133, 31136, 31310,

and 31502; sec. 345, Pub.L. 104–59, 109 Stat.

568, 613; and 49 CFR 1.48.)

Issued on: July 10, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

[FR Doc. 98–19153 Filed 7–17–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–98–4071; Notice 1]

RIN 2127–AH25

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

amend Federal Motor Vehicle Safety

Standard on occupant crash protection

to provide greater flexibility regarding

the location of the telltale for air bag onoff switches installed in new motor

vehicles. It would do so by eliminating

the requirement that the telltale be

located on the vehicle dashboard. No

change would be made to the separate

existing requirement that the telltale

must be clearly visible from all front

seat seating positions. This proposal

would also add a requirement that the

telltale be located within the vehicle’s

interior. The proposal is being issued, in

response to a petition for rulemaking, to

make the telltale requirements in the

standard consistent with those in the

agency’s regulation governing the

retrofitting of used vehicles with air bag

on-off switches.

DATES: Comments must be received by

September 3, 1998.

ADDRESSES: Comments should refer to

the docket and notice number of this

notice and be submitted to: Docket

Management, Room PL–401, 400

Seventh Street, SW, Washington, DC

20590 (Docket Room hours are 10:00

a.m.–5 p.m., Monday through Friday.)

FOR FURTHER INFORMATION CONTACT: 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: 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:

Table of Contents

I. Background

II. Details of the Proposal

III. Proposed Effective Date

IV. Rulemaking Analyses and Notices

V. Submission of Comments

I. Background

This notice responds to a petition

from Volkswagen of America, Inc.

seeking to amend Federal Motor Vehicle

Safety Standard No. 208 (FMVSS No.

208) by eliminating the current

requirement that the telltale for air bag

on-off (cutoff) switches in new motor

vehicles be located on the vehicle

dashboard. Under the proposed change,

the telltale requirements for new

vehicles equipped with an on-off switch
38796 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules

would be consistent with the telltale

requirements for retrofit on-off switches,

i.e., vehicles that have been sold or

leased to consumers. Part 595 exempts

commercial entities from the statutory

prohibition against making federallyrequired vehicle safety equipment

inoperative for the purpose of allowing

those entities to install retrofit switches.

On October 7, 1994, NHTSA

published a notice of proposed

rulemaking (NPRM) proposing to amend

FMVSS No. 208 by giving

manufacturers the option to install a

manual passenger-side air bag on-off

switch in new vehicles that either

lacked a rear seat or had a rear seat too

small to accommodate a rear-facing

infant restraint (59 FR 51158). The

proposal was issued in response to

concerns that deploying air bags can

seriously injure children appropriately

restrained in a rear-facing infant

restraint.

In the NPRM, NHTSA proposed

requiring ‘‘a telltale light on the

dashboard that is clearly visible from

both the driver and front passenger

seating positions and that is illuminated

whenever the passenger air bag has been

deactivated by means of the cutoff

device.’’ NHTSA went on to explain that

it

believes that the indicator should be visible

to the driver as a reminder that the passenger

air bag is, or is not, functioning. NHTSA

believes that the indicator should be also

visible from the passenger seating position as

a warning to non-infant occupants that they

are not protected by their air bag.

NHTSA sought comment on whether a

supplemental or additional warning for

passengers (i.e., a telltale separate from

the readiness indicator light) would

minimize instances in which the air bag

was unintentionally not activated.

In response to the NPRM, NHTSA

received comments addressing the

suitability of differing light levels,

required wording, and combination

with the existing air bag readiness

indicator. Three parties commented on

the proposed requirement that the

telltale be located on the vehicle

dashboard. The Insurance Institute for

Highway Safety stated that the telltale

warning light should be continuously

illuminated and should be

conspicuously placed on the instrument

panel to increase the likelihood that the

driver takes note of the current status of

the air bag. The American Automobile

Manufacturer’s Association (AAMA)

stated that ‘‘proper placement of the

device in the instrument panel could

achieve two goals.’’ According to

AAMA, such placement would ensure

that the telltale would be visible from

both the driver and passenger seating

positions and the telltale would not be

in the direct line of sight to disrupt the

driver in dark conditions. Mazda stated

that it believed a telltale should be

located near the instrument cluster or

meter set, since it believed that the

indicator should be visible mainly by

the driver.

On May 23, 1995, NHTSA issued a

final rule giving the manufacturers the

option to install a manual passengerside air bag on-off switch in vehicles

with either no rear seat or with a rear

seat inadequate for accommodating a

rear-facing infant restraint (60 FR

27233). The final rule required the onoff switch be operable by the ignition

key, be separate from the ignition

switch, remain deactivated until

affirmatively reactivated by turning the

switch, and be accompanied by the

telltale that is the subject of this notice.

The final rule dropped the proposed

requirement that the telltale be

adjustable to provide at least two levels

of brightness. NHTSA was initially

concerned that a single light, visible

under all driving conditions, could be

too bright for a driver who had adapted

to dark ambient roadway conditions.

Based on its review of the comments,

NHTSA determined that a single level of

brightness would be less design

restrictive and would meet the agency’s

intended purpose. Accordingly, the less

restrictive design requirement was

adopted.

On November 21, 1997, NHTSA

issued a final rule establishing Part 595

and allowing owners of used vehicles to

have their vehicles retrofitted by

commercial entities with air bag on-off

switches, subject to certain conditions

(62 FR 62406). Such switches are

available for both driver and passenger

seating positions as long as the

conditions for each seating position are

met by the vehicle owner and the entity

that installs the switches. The switch

requirements were largely patterned

after the requirements for a passengerside switch in FMVSS No. 208.

However, in order to provide vehicle

manufacturers with more flexibility in

fitting a telltale light into a vehicle

originally not designed to accommodate

it, Part 595 did not include a

requirement that the telltale for retrofit

switches be installed in the vehicle

dashboard. It did adopt the requirement

that the telltale for a passenger-side air

bag switch be clearly visible from both

the driver and front passenger seat

positions.

II. Details of the Proposal

On March 23, 1998, Volkswagen of

America, Inc. submitted a petition

requesting the agency to initiate a

rulemaking proceeding to amend

FMVSS No. 208 by eliminating the

requirement that the telltale for an onoff switch in a new motor vehicle be

located on the vehicle dashboard.

Volkswagen maintains that the current

requirement is unnecessarily design

restrictive and that eliminating the

dashboard requirement will not be

detrimental to motor vehicle safety.

NHTSA is proposing to eliminate that

requirement because the agency

tentatively concludes that the

requirement is not necessary to ensure

the telltale’s visibility. The agency

believes that there are other locations

(e.g., the console) within the vehicle’s

interior in which the telltale would be

sufficiently noticeable by all front seat

occupants. For example, General Motors

installs telltale lights above the rearview

mirror for vehicles with retrofit on-off

switches.

NHTSA notes that in the final rule

allowing retrofit air bag on-off switches,

it did not require that the telltale be

located on the vehicle dashboard.

Instead, it simply specified that the

telltale must be visible from the driver

and front passenger seating positions

and that the telltale must be located

within the vehicle’s interior. These

conditions allow, but do not require, the

placement of the telltale on the vehicle

dashboard.

NHTSA proposes to amend FMVSS

No. 208 to allow the placement of a

telltale in a location other than the

vehicle dashboard as long as the telltale

is visible to all occupants of the front

seat and is located within the vehicle’s

interior. This second requirement is

being proposed because it would make

FMVSS No. 208 consistent with Part

595 and because NHTSA believes

external conditions like rain or snow

could prevent the telltale from being

clearly visible at all times.

The agency seeks comment on

whether there would be any degradation

of safety by not requiring uniformity of

the telltale’s location, i.e., on the vehicle

dashboard.

III. Proposed Effective Date

Since the adoption of the proposal

would relieve a restriction affecting

safety, NHTSA plans to make the

proposed amendment effective upon

issuance of a final rule. NHTSA believes

a delayed effective date would serve no

purpose since the proposed changes

would permit, but not require a change

in the location of the switch telltale.
Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules 38797

IV. 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 insignificant under the

Department of Transportation’s

regulatory policies and procedures.

NHTSA believes that this proposal, if

adopted, would result in no additional

cost to manufacturers and consumers as

the proposal would only expand

available options for the design of a

telltale for factory-installed air bag onoff switches. Accordingly, the agency

believes that the economic impacts of

this proposal would be so minimal as

not to warrant the preparation of a full

regulatory evaluation.

Regulatory Flexibility Act

NHTSA has also considered the

impacts of this notice under the

Regulatory Flexibility Act. I hereby

certify that this proposed rule would not

have a significant economic impact on

a substantial number of small entities.

As explained above, this proposal

would have minimal economic impact.

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 proposed rule.

National Environmental Policy Act

NHTSA has also analyzed this

proposed rule under the National

Environmental Policy Act and

determined that it would 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 proposed rule

would not have significant federalism

implications to warrant the preparation

of a Federalism Assessment.

Civil Justice Reform

This proposed rule would 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.

V. Comments

Interested persons are invited to

submit comments on this proposal. It is

requested but not required that two

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 two copies

from which the purportedly confidential

information has been deleted should be

submitted to Docket Management. 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

comment closing date indicated above

for the proposal 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 the final rule

will be considered as suggestions for

further rulemaking action. Comments on

the proposal will be available for

inspection in the docket. 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, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires.

In consideration of the foregoing, it is

proposed that 49 CFR Part 571 be

amended as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for part 571

would continue to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. Paragraph S4.5.4.3 of Section

571.208 would be revised to read as

follows:

§ 571.208 Standard No. 208; Occupant

crash protection.

* * * * *

S4.5.4.3 A telltale light in the

interior of the vehicle shall be

illuminated whenever the passenger air

bag is turned off by means of the on-off

switch. The telltale shall be clearly

visible to occupants of all front seating

positions. The telltale:

(a) Shall be yellow;

(b) Shall have the identifying words

‘‘PASSENGER AIR BAG OFF’’ on the

telltale or within 25 millimeters of the

telltale;

(c) Shall remain illuminated for the

entire time that the air bag is ‘‘off’’;

(d) Shall not be illuminated at any

time when the air bag is ‘‘on’’; and,

(e) Shall not be combined with the

readiness indicator required by S4.5.2 of

this standard.

* * * * *

Issued on July 14, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–19155 Filed 7–17–98; 8:45 am]

BILLING CODE 4910–59–U

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

Denial of Petition for Rulemaking;

Federal Motor Vehicle Safety

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for

rulemaking.