Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27233

1A complete description of various steps NHTSA

has taken to address this problem can be found in

the October 7 notice.

transportation, Packaging and

containers, Penalties, Reporting and

recordkeeping requirements.

On the basis of the foregoing, 49 CFR

part 107 is amended as follows:

PART 107—HAZARDOUS MATERIALS

PROGRAM PROCEDURES

1. The authority citation for part 107

continues to read as follows:

Authority: 49 U.S.C. 5101–5127, 44701; 49

CFR 1.45, 1.53.

2. In § 107.601, paragraph (c) is

revised to read as follows:

§ 107.601 Applicability.

* * * * *

(c) More than one L (1.06 quarts) per

package of a material extremely toxic by

inhalation (i.e., ‘‘material poisonous by

inhalation,’’ as defined in § 171.8 of this

chapter, that meets a criteria for ‘‘hazard

zone A,’’ as specified in §§ 173.116(a) or

173.133(a) of this chapter);

* * * * *

3. Section 107.606 is revised to read

as follows:

§ 107.606 Exceptions.

(a) The following are excepted from

the requirements of this subpart:

(1) An agency of the Federal

government.

(2) A State agency.

(3) An agency of a political

subdivision of a State.

(4) An employee of any of those

agencies in paragraphs (a)(1) through

(a)(3) of this section with respect to the

employee’s official duties.

(5) A hazmat employee (including, for

purposes of this subpart, the owneroperator of a motor vehicle that

transports in commerce hazardous

materials, if that vehicle at the time of

those activities, is leased to a registered

motor carrier under a 30-day or longer

lease as prescribed in 49 CFR part 1057

or an equivalent contractual agreement).

(6) A person domiciled outside the

United States, who offers solely from a

location outside the United States,

hazardous materials for transportation

in commerce, provided that the country

of which such a person is a domiciliary

does not require persons domiciled in

the United States, who solely offer

hazardous materials for transportation

to the foreign country from places in the

United States, to file a registration

statement or to pay a registration fee.

(b) Upon making a determination that

persons domiciled in the United States,

who offer hazardous materials for

transportation to a foreign country

solely from places in the United States,

must file registration statements or pay

fees to that foreign country, the U.S.

Competent Authority will provide

notice of such determination directly to

the Competent Authority of that foreign

country and by publication in the

Federal Register. Persons who offer

hazardous materials for transportation

to the United States from that foreign

country must file a registration

statement and pay the required fee no

later than 60 days following publication

of the determination in the Federal

Register.

Issued in Washington, DC on May 18,

1995, under the authority delegated in 49

CFR part 1.

D.K. Sharma,

Administrator, Research and Special

Programs Administration.

[FR Doc. 95–12658 Filed 5–19–95; 9:58 am]

BILLING CODE 4910–60–P

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–14; Notice 94]

RIN 2127–AF30

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration. (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This final rule allows

manufacturers the option of installing a

manual device that motorists could use

to deactivate the front passenger-side air

bag in vehicles in which infant

restraints can be used in the front seat

only. The affected vehicles are

passenger cars and light trucks without

rear seats and vehicles with rear seats

that are too small to accommodate

typical rear-facing infant restraints and

convertible infant restraints used in the

rear-facing mode (hereafter referred to as

‘‘typical rear-facing infant restraints’’).

The deactivation device is needed

because when rear-facing infant

restraints are used in the front seats of

dual air bag vehicles, they extend

forward to a point near the dashboard

where they can be struck by a deploying

air bag. Testing has shown this to have

the potential for serious injury to

infants. The ability to deactivate the

passenger air bag will allow parents to

safely use rear-facing infant restraints in

the front seat of these vehicles. The

need for the deactivation device is

steadily growing because manufacturers

are beginning to install, and soon will

be required to install, passenger-side air

bags in all passenger cars and light

trucks.

DATES: Effective Date: The amendments

made in this rule are effective June 22,

1995.

Petition Date: Any petitions for

reconsideration must be received by

NHTSA no later than June 22, 1995.

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:

Mr. Daniel Cohen, Chief, Frontal Crash

Protection Division, Office of Vehicle

Safety Standards, NRM–12, National

Highway Traffic Safety Administration,

400 Seventh Street SW., Washington,

DC 20590. Telephone: (202) 366–2264.

SUPPLEMENTARY INFORMATION:

Background

On October 7, 1994, NHTSA

published a notice of proposed

rulemaking (NPRM) which proposed to

allow manufacturers the option of

installing a manual device (hereafter

referred to as a ‘‘cutoff device’’) that

motorists could use to deactivate the

front passenger air bag in a vehicle

without rear seats for the purpose of

allowing them to safely use rear-facing

infant restraints in the front seat (59 FR

51158). NHTSA issued the NPRM

because one particular type of child

restraint, i.e., a rear-facing infant

restraint, should not be placed in the

front seat of a vehicle equipped with a

passenger air bag. This poses a problem

because manufacturers are beginning to

install, and soon will be required to

install, passenger air bags in vehicles.

While NHTSA had taken a number of

steps to warn parents of air bag/infant

restraint interaction problems, members

of the American Automobile

Manufacturers Association (AAMA)

indicated a need for further action in a

meeting with NHTSA on January 24,

1994.1 AAMA asked for the meeting to

explore the possibility of installing an

air bag cutoff device to allow rear-facing

infant restraints to be placed in air bagequipped passenger seating positions.

AAMA representatives discussed the

general concept of an air bag cutoff

device, which could be either automatic

or manual. However, the representatives

emphasized that the industry is not

quite ready to install automatic devices

because automatic cutoff technology is

not yet ready for production. At the

meeting, AAMA asked whether
27234 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations

2By ‘‘inadequate rear seat,’’ the agency is

referring to seats which do not have sufficient foreand-aft clearance to accommodate typical rearfacing infant restraints.

Standard No. 208 would permit such

devices and, if not permitted, whether

the agency would consider initiating

rulemaking to permit such devices. As

explained in the October 7 NPRM,

NHTSA decided to propose to allow

manufacturers to install a manual cutoff

device because of concerns that its

warnings about the use of rear facing

infant restraints are of little avail when

a parent must transport his or her infant

in a vehicle that is physically unable to

accommodate a child any place other

than the front seat.

The October 7 NPRM proposed to

allow the use of manual cutoff devices

in vehicles with no rear seats, subject to

certain conditions. If installed, the

device could only be operable by using

the ignition key and the device would

have to be separate from the ignition

switch. Once turned off, the air bag

would have to remain off until

reactivated using the ignition key. The

agency also proposed requiring a yellow

warning light that was capable of

several levels of brightness and bore the

identifying words ‘‘AIR BAG OFF’’ to

inform vehicle occupants that the

passenger side air bag was off. The

warning light could not be combined

with the vehicle’s air bag readiness

indicator. The vehicle owner’s manual

would have to contain complete

instructions regarding the operation of

the cutoff device, including warnings

about the safety consequences of

misuse. Finally, the device would only

have been allowed for approximately

two years to encourage the orderly

development and introduction of

automatic cutoff devices.

The agency received 15 comments on

the October 7 NPRM. Commenters

included three automobile

manufacturers (Ford, Mazda, and

Volvo), GenCorp Aerojet (an equipment

manufacturer), Advocates for Highway

and Auto Safety (Advocates), the

American Academy of Pediatrics (AAP),

the AAMA, the Automotive Occupant

Restraints Council (AORC), the

Insurance Institute for Highway Safety

(IIHS), the National Automobile Dealers

Association (NADA), SafetyBeltSafe

U.S.A., the Wisconsin Department of

Transportation (DOT), and three private

citizens. In general, all commenters

supported the proposal. Automobile

manufacturers and the AAMA believed

a number of the conditions in the NPRM

were too restrictive. Safety groups

premised their support on the

conditions that NHTSA had proposed

placing on manual cutoff devices and on

the limited time during which they

would be allowed. All of these

comments were considered by the

agency in formulating this final rule,

and the most significant comments are

addressed below.

Affected Vehicles

NHTSA proposed to allow, but not

require, manual cutoff devices only in

passenger cars and light trucks which

do not have forward-facing rear seats.

NHTSA stated that it did not believe

that manual cutoff devices should be

allowed in vehicles which can

accommodate a rear-facing infant

restraint in the rear seat, because, even

in vehicles without air bags, NHTSA

recommends the rear seat as the

optimum location for any child

restraint.

Five commenters (Mazda, AAMA,

NADA, and the private citizens) asked

NHTSA to allow manual cutoff devices

in all vehicles, since parents often prefer

to place infants in the front seat even

when a rear seat is available. Two

commenters (Ford and AAMA) said that

NHTSA should also allow the manual

cutoff device in vehicles with rear seats

that are too small to accommodate a

rear-facing infant restraint. Two other

commenters (Mazda and Advocates)

explicitly discussed inadequate rear

seats, and one additional commenter

(IIHS) implicitly discussed inadequate

rear seats. The Wisconsin DOT asked

NHTSA to also allow manual cutoff

devices in police vehicles. Advocates

and IIHS supported the proposal.

With the exception of including

vehicles with a rear seat which is too

small to accommodate a typical rearfacing infant restraint, NHTSA is not

expanding the class of vehicles that are

permitted to have a manual cutoff

device. NHTSA does not believe that it

should allow all vehicles to have a

manual cutoff device to accommodate

parental preference for placement in the

front seat. If any child seat can be

placed in a rear seat, that is the safest

position.

As explained previously, two

commenters (Ford and AAMA) said that

NHTSA should also allow the manual

cutoff device in vehicles with rear seats

that are too small to accommodate a

rear-facing infant restraint. One

commenter (Advocates) said that

NHTSA should not allow the manual

cutoff device in such vehicles as a rearfacing infant seat can be accommodated

even if the seat is too small for an adult.

In response to these comments,

NHTSA examined whether there were

vehicles that had inadequate rear seats 2

and thus should be allowed to have a

cutoff switch. As stated in the NPRM,

NHTSA intended to allow the cutoff

switch whenever a rear-facing infant

restraint could not be accommodated in

the rear seat of a vehicle. NHTSA

examined this issue to determine the

consistency of that stated intent and its

tentative conclusion that the only

vehicles in this category were vehicles

without rear seats. NHTSA obtained

dimensional information on rear seat

occupant space and rear-facing infant

restraints. After examining rear-facing

infant restraint sizes and rear seat

geometries, NHTSA concluded that

some rear-facing infant restraints will

not fit in some vehicles under certain

conditions. A complete discussion of

NHTSA’s research and methodology can

be found in a document titled

‘‘Evaluation of Infant Seat Fit in

Passenger Cars and Light Trucks’’ which

NHTSA has placed in the docket for this

notice.

Based on the results presented in that

document, NHTSA has modified this

rule to allow the installation of a cutoff

device in any vehicle with less than 720

millimeters between the rearward

surface of the front seat back and the

forward surface of the rear seat back,

measured longitudinally in a horizontal

line tangent to the highest point of the

rear seat bottom, and with the front seat

in its mid-track fore-and-aft adjustment

position. NHTSA estimates that this

provision will allow approximately 27

percent of all passenger cars to have a

cutoff device.

NHTSA considered using alternative

dimensions for identifying inadequate

rear seats. For example, the agency

considered using other front seat

adjustment positions. If the agency used

the full forward position, fewer vehicles

would be classified as having

inadequate rear seats. However, that

result would be based on an unrealistic

position for the front seat. Many adults

could not use the front seat comfortably

in the full-forward position.

Alternatively, the agency could have

used the full rear position. That

adjustment position would allow the

largest adults to sit comfortably in the

front seat. However, it would also have

increased the number of vehicles

classified as having an inadequate rear

seat. The mid-track position, which is

used for other Standard No. 208 testing,

was chosen as a compromise.

The agency also considered

alternative values to represent the

length of rear-facing infant restraints.

The agency selected the average length

of the child seats NHTSA measured. By

choosing this measurement, the agency

is ensuring that the vehicles which do

not have a cutoff device for the
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27235

passenger side air bag are those that

have a rear seat large enough to give

parents a fairly wide choice of

restraints, including convertible

restraints, which will fit in the rear seat.

While police vehicles could use a

manual cutoff device to avoid

interactions with communications and

police equipment, NHTSA is not

allowing installation of the device. To

keep law enforcement and police

equipment manufacturers informed,

Ford and General Motors met with

groups and associations to prepare them

for the installation of passenger side air

bags. Ford and General Motors

recommend that equipment not be

mounted within the air bag deployment

area. Many equipment manufacturers

now produce smaller, more compact

police equipment and mounting devices

to facilitate this.

In October 1993, NHTSA, the

International Association of Chiefs of

Police, and the Law Enforcement

Television Network (LETN), in

conjunction with Ford and General

Motors, conducted a seminar, ‘‘Dual Air

Bags: Where Do I Put My Equipment?,’’

to explain the deployment area and

safety benefits of passenger side air

bags. This seminar was videotaped by

LETN and broadcast at least 25 times.

Additionally, NHTSA duplicated copies

of the videotape for dissemination

throughout the nation. Because other

means are available to avoid air bag/

equipment interaction, NHTSA is not

allowing the installation of the manual

cutoff device in police vehicles.

Phase-Out of Manual Cutoff Devices

In the NPRM, NHTSA tentatively

concluded that the installation of

manual cutoff devices should not be

permitted indefinitely. The agency also

tentatively concluded that vehicles with

air bags having manual cutoff devices

should not be counted toward

compliance with the phase-in for air

bags. Further, the agency said that

manual cutoff devices should be

prohibited in all passenger cars

manufactured on or after September 1,

1997, and all light trucks manufactured

on or after September 1, 1997, and all

light trucks manufactured on or after

September 1, 1998. These are the dates

on which 100 percent compliance is

required by 49 U.S.C. 30127. To

implement these proposals, NHTSA

proposed to amend S4.1.5.1(b)’s

definition of an ‘‘inflatable restraint

system,’’ a term used in the paragraphs

relating to the air bag requirements, to

state that it does not include an air bag

that can be deactivated by a manual

cutoff device. NHTSA stated that it

believed this several year period would

give manufacturers time to develop and

introduce automatic cutoff devices.

Five commenters (Ford, Mazda, AAP,

AAMA and a private citizen) expressed

concern that automatic cutoff devices

might not be available before the end of

the period in which manual cutoff

devices would be allowed. Four

commenters (GenCorp, Advocates,

AORC, and IIHS) expressed confidence

that automatic cutoff devices would be

available before the end of this time

period.

NHTSA is not extending the time

period in which manual cutoff devices

would be allowed. First, one of the

commenters which expressed

confidence that automatic cutoff devices

would soon be available was GenCorp,

a company which develops such

devices. Another, AORC, is an

organization whose member companies

(equipment manufacturers, some of

whom develop such devices) ‘‘are

confident that satisfactory automatic

solutions will be successfully developed

on a timely basis.’’ Second, in the

discussion of automatic devices in many

of the comments, it is clear that the

vehicle manufacturers were discussing

more sophisticated sensors, i.e., one that

would deactivate the air bag in a

number of situations, not just when a

rear-facing infant seat is present.

Two commenters, AAMA and Ford,

asked for confirmation that an LTV with

a driver’s air bag, and a passenger side

air bag with a manual cutoff device

would quality for the ‘‘one truck credit’’

and the ‘‘1.5 truck credit’’ during the

phase-in periods for the automatic

protection and mandatory air bag

requirements. The ‘‘one truck credit’’

permits light trucks equipped with an

air bag for the driver and a manual lap/

shoulder belt for the front passenger to

count as one truck towards the phasein requirements for both automatic

protection and mandatory air bags. The

‘‘1.5 truck credit’’ permits light trucks

equipped with an air bag for the driver

and some type of automatic protection

for the front passenger to count as 1.5

trucks towards the phase-in

requirements for automatic protection

only.

With regard to the ‘‘one truck credit,’’

these commenters are correct. Since a

vehicle with a driver’s air bag would

qualify for credit as one vehicle toward

both the automatic protection

requirement and the mandatory air bag

requirement with a manual belt system

alone, it would also qualify for the

credit if equipped with a voluntarilyinstalled air bag with a manual cutoff

device, presuming the vehicle had a

manual belt on the passenger side.

With regard to the ‘‘1.5 truck credit’’

during the automatic restraint phase-in,

NHTSA has decided that a vehicle with

a passenger air bag equipped with a

manual cutoff device should quality for

this credit. While such a system does

not provide the equivalent level of

automatic protection to the passenger as

an air bag without a cutoff device,

NHTSA believes that it provides a

greater level of occupant protection than

a manual lap/shoulder belt alone, and

warrants additional credit. No change in

the regulatory text is required to allow

this credit as the amended definition of

‘‘inflatable restraint’’ does not apply to

S4.1.2.1(a), the section the passenger

seating position must comply with to

qualify for the credit.

Means of Activation

NHTSA proposed to require the use of

the ignition key to activate the cutoff

device. NHTSA believed this

requirement would make the device

simple and easy to use, but still require

conscious thought and deliberate action

on the part of the user. In addition, it

would also place control of the device

in the hands of the driver, thereby

minimizing the likelihood of accidental

or inappropriate activation.

IIHS said that the device should not

be activated by the ignition key, but that

NHTSA should require a means to

prevent inadvertent activation (i.e.,

shielded switches). AAMA and Ford

asked the agency to delete the word

‘‘only’’ to permit ‘‘other ignition keys

similar but not identical to the ignition

key.’’ Ford expressed its believe that

alternate means of activation would not

be so effective in meeting NHTSA’s

goals. Mazda stated that it believed it

would be sufficient to require a means

to prevent inadvertent activations

without specifying the use of the

ignition key.

After reviewing these comments,

NHTSA has decided to retain the

requirement that the cutoff device be

activated by an ignition key, though not

requiring it to be an identical ignition

key. NHTSA believes that this addresses

IIHS’s concern that, if a parent forgot to

turn off the air bag prior to starting the

car, they would be unlikely to turn off

the car to deactivate the air bag, leaving

an infant at risk if the air bag deployed.

NHTSA does not believe that Mazda’s

suggestion is appropriate, since there is

no objective means of determining that

inadvertent activation is not likely.

As explained in AAMA’s comment,

the use of the identical ignition key

would require cutoff devices ‘‘to be

equipped with lock tumblers and

manufactured and stocked in the many

key combinations used to deter vehicle
27236 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations

theft.’’ AAMA believed this would

increase the risk that the driver would

be unable to deactivate the air bag,

either because non-matching lock

tumblers were installed at the factory, or

because the ignition lock was replaced

with a non-matching key cylinder.

Deleting the word ‘‘only’’ from the

regulatory text will allow manufacturers

to install a lock on the cutoff device

which has fewer tumblers than the locks

used in ignitions. While the ignition key

will operate both the ignition and the

cutoff device, manufacturers will also be

able to provide a separate key which

operated only the cutoff device.

Air Bag Reactivation

NHTSA proposed to require that

manual cutoff devices be designed so

that, once the cutoff device has been

used to deactivate the air bag, the air bag

will remain deactivated until it is

manually reactivated by means of the

cutoff device. NHTSA requested

comments on whether it should, in the

alternative, require that the air bag be

automatically reactivated when the

vehicle is turned off. NHTSA explained

that its ultimate decision would be

based on weighing the relative risks to

infants who might be placed in the front

seat when the air bag is activated against

the risks to adults who might ride in the

passenger seat while the air bag is not

activated.

In its preliminary estimate of those

relative risks, the agency estimated that

1,050 air bag deployments a year will

occur in pickup trucks and two-seater

vehicles when a front passenger seat is

occupied by an infant in a rear-facing

infant seat. The level of the injuries

resulting from these deployments are

uncertain, but may well be severe.

Conversely, the agency estimated that

failure to reactivate the air bag for the

benefit of non-infant passengers, would

result in approximately 3 occupants

who are at least one year old receiving

AIS 2–5 (survivable) injuries. In

addition, 1–3 fatalities and 23–32

additional injuries could occur each

year as a result of deliberate misuse.

Based on these estimates, the agency

believed that the number of infants who

would avoid potentially serious injury

far exceeds the number of non-infants

who might be injured.

Five commenters (Ford, Volvo, AAP,

AAMA, and IIHS) agreed with NHTSA’s

proposal. Two commenters (Advocates

and AORC) stated that NHTSA should

require automatic reactivation of the air

bag. NADA suggested that NHTSA

could require automatic reactivation if

the cutoff device did not incorporate a

warning light.

NHTSA has decided to adopt the

manual reactivation requirement.

NHTSA believes that all air bags should

be reactivated in the same way. No

commenter provided specific data to

refute the analysis NHTSA made in the

NPRM which resulted in the tentative

conclusion to propose manual

reactivation. Adult passengers will be

able to see the warning light, and will

be informed if the air bag is not

activated. In addition, such passengers

will receive significant safety protection

by wearing lap/shoulder belts. AAP

suggested that NHTSA require

information in the owner’s manual

recommending that parents educate

non-infant, non-literate children of the

function of the warning light so that

they will also be aware of the need to

remind the driver to turn the air bag on.

While NHTSA is not requiring such

information in the owner’s manual,

NHTSA agrees that it would be a good

practice.

Warning Light

NHTSA proposed requiring that there

be 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. This light

would be separate from the air bag

readiness indicator already required by

Standard No. 208. NHTSA proposed

that the color of the telltale be yellow,

with the words ‘‘AIR BAG OFF’’ clearly

visible on the telltale when the

passenger side air bag has been

deactivated.

Two commenters (Ford and AAMA)

asked NHTSA to allow the telltale to

have one brightness level. Ford also

asked the agency to allow either the

words ‘‘AIR BAG OFF’’ OR ‘‘OFF’’ on

the telltale, Advocates asked the agency

to require the words ‘‘WARNING, AIR

BAG OFF’’ on the telltale. Mazda asked

the agency to permit the telltale to be

combined with the readiness indicator.

AORC, which supported automatic

reactivation of the air bag, asked the

agency to require a telltale which

warned of the possible need to

deactivate the air bag. Volvo suggested

that the agency should require a telltale

if a vehicle is equipped with an

automatic cutoff device. Finally,

SafetyBeltSafe said the agency should

require the telltale to indicate both

when the air bag is ‘‘off’’ and when it

is ‘‘on.’’

After reviewing these comments,

NHTSA is modifying the warning light

requirement only to allow one level of

brightness and to permit the words ‘‘AIR

BAG OFF’’ to be either on the telltale or

adjacent to the telltale. Other telltales

are allowed to have only one level of

brightness. NHTSA believes that having

the words ‘‘AIR BAG OFF’’ adjacent to

the telltale will be as effective a means

of informing the driver or passenger of

the purpose of the telltale as words on

the telltale itself. NHTSA is not adding

the word ‘‘WARNING’’ because NHTSA

believes that drivers are aware that the

purpose of a telltale is to warn them of

a condition that may require immediate

attention.

Air Bag Readiness Indicator

Currently, S4.5.2 of FMVSS No. 208

requires that every vehicle equipped

with an air bag also be equipped with

an air bag readiness indicator that

informs the driver about the operational

status of the air bag system. As

explained in the NPRM, NHTSA is not

aware of any manufacturer which

complies with this requirement by

installing separate readiness indicators,

one for the driver air bag and another for

the passenger air bag. Therefore,

NHTSA proposed to amend S4.5.2 to

limit the operation of a single readiness

indicator when the cutoff device is ‘‘on’’

so that the indicator monitors only the

air bag that is not deactivated, i.e., the

driver air bag. When the cutoff device is

‘‘off,’’ the passenger air bag would be

activated, and the readiness indicator

would monitor the readiness of both the

driver air bag and the passenger air bag.

Advocates stated that NHTSA should

require separate readiness indicators for

each air bag. Volvo asked the agency to

standardize the ‘‘design, locations and

identification’’ of readiness indicators.

NHTSA is not modifying the

proposed change to the readiness

indicator requirements. NHTSA does

not believe it is necessary to require a

separate indicator since the warning

light, in effect, acts as a readiness

indicator for the passenger air bag.

NHTSA is also not aware of any safety

need to specify the readiness indicator

requirements in greater detail as

requested by Volvo.

Testing

AAMA asked the agency to specify

that compliance testing of the passenger

air bag in a vehicle with a manual cutoff

device would be done only with the air

bag activated. NHTSA has added

explicit language to that effect in the

regulatory language.

Costs

In the NPRM, NHTSA estimated the

per vehicle price for a passenger air bag

cutoff device to be $10.15. Ford

commented that its ‘‘manual

deactivation system is several times the
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27237

agency’s estimated consumer cost, even

without the photocell dimming feature

which the agency estimates would cost

another $5.00.’’

Ford did not provide any

documentation to substantiate its claim

that the real cost was several times what

the agency estimated. Therefore,

NHTSA does not have any basis for reexamining its estimate. Since the agency

is not requiring more than one level of

brightness, the cost is estimated to be

$4.86. In any event, the agency is not

requiring such devices; thus, any cost is

associated with voluntary installation.

Owner’s Manual

NHTSA also proposed to require that

manufacturers include information

concerning the cutoff device in the

owner’s manual. NHTSA did not

propose specific language which must

be included in the owner’s manual.

NHTSA proposed to require the owner’s

manual to include instructions on the

operation of the cutoff device, a

statement that the cutoff device should

only be used when a rear-facing infant

restraint is installed in the front

passenger seating position, and a

warning about the safety consequences

of using the cutoff device at other times.

These requirements have been

included in the final rule since no

commenter disagreed with any aspect of

the owner’s manual requirement.

Labels

Currently, Standard No. 208 requires

that, by September 1, 1994, air bagequipped vehicles will bear a label on

the sun visor that warns, in part:

Do not Install Rearward-Facing Child

Seats in any Front Passenger Seat

Position

Also, Standard No. 213 has been

amended to require either of the

following labels on rear-facing infant

seats or on child restraints that can be

converted for use in a rear-facing infant

mode:

Warning—Place This Restraint in a

Vehicle Seat That Does Not Have an Air

Bag

or

Warning—When Your Baby’s Size

Requires That This Restraint be Used so

That Your Baby Faces the Rear of the

Vehicle, Place the Restraint in a Vehicle

Seat That Does Not Have an Air Bag

The first warning is to be used for

child seats that are rear-facing only, and

the second warning is to be used for

infant seats that covert from forwardfacing to rear-facing.

In the NPRM, NHTSA tentatively

concluded that the language of these

labels did not need to be amended.

Ford and AAMA asked the agency to

amend the sun visor label to add a

phrase like, ‘‘unless the passenger air

bag is turned off.’’ Because it agrees that

some motorists may be confused by this

message if the vehicle has a manual

cutoff device, NHTSA is amending the

vehicle label requirements for vehicles

equipped with manual cutoff devices.

However, NHTSA is not adopting the

specific language requested by Ford.

Ford’s language is predicated on a

design which incorporates a switch with

an on and off position, as Ford’s design

does. NHTSA is concerned that this

design-based wording could be

confusing if other vehicle manufacturers

used designs differing from Ford’s.

Automatic Cutoff Devices

As discussed in the NPRM, NHTSA

concluded that Standard No. 208

currently allows automatic cutoff

devices. NHTSA requested comments

on whether the agency should regulate

automatic cutoff devices. Specifically,

NHTSA requested comments on

whether any or all of the proposals in

the NPRM relating to warning lights,

readiness indicators, owner’s manuals,

and labels should also apply to vehicles

equipped with automatic cutoff devices.

Only one commenter, Volvo, believed

that some aspects of this final rule

should also apply to automatic cutoff

devices. In addition, Volvo expressed

concern that, contrary to NHTSA’s

belief, some automatic cutoff devices

may deactivate the air bag during the

Standard No. 208 compliance test.

NHTSA is deferring any decision on

regulations for automatic cutoff devices

until there is further information on

how, and under what circumstances,

such devices would operate.

Blue Ribbon Panel on Child Restraints

In the NPRM, NHTSA described a

number of activities the agency has

taken to inform consumers on proper

use of child restraints. While this notice

has discussed one reason why parents

may not be able to use a child restraint

correctly (i.e., insufficient fore-aft

clearance to place the child restraint in

the rear seat), improper installation can

result from other factors.

On February 13, 1995, the agency

announced the information of a ‘‘blue

ribbon panel’’ to further address the

issue of how child restraints can be

made easier to install and use. The

panel was asked to present its

recommendations by June 1, 1995.

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 reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ This action has been

determined to be ‘‘significant’’ under

the Department of Transportation’s

regulatory policies and procedures.

The agency estimates that the

consumer cost of the voluntarily

installed manual cutoff device is $4.86.

The $5.00 light sensor is not required in

the final rule and the $5.15 for the cutoff

device was wrong in the October 7, 1994

NPRM. The $5.15 included $0.29 for a

placard label that the agency decided

not to propose. The Preliminary

Regulatory Evaluation included the

correct estimate of $4.86 (1993 dollars).

The agency has revised its estimates

of the number of air bag deployments

per year when a front passenger seat is

occupied by an infant in a rear-facing

infant restraint in pickup trucks or twoseater vehicles to be 793. The agency

also estimates that the number of similar

deployments in other vehicles with less

than 720 millimeters of rear seat space

that would be eligible for a manual

cutoff device is 845. Thus, the total

deployments per year in vehicles that

would be eligible for a manual cutoff

device when the front passenger seat is

occupied by an infant in a rear-facing

infant restraint is estimated to be 1,638.

These estimates assume that the front

seat positions continue to be used by

infants in vehicles with air bags and

they are used by infants in vehicles

without air bags, and that the warning

labels are not effective in changing

people’s behavior. The level of injuries

from these deployments are uncertain,

but may well be severe.

In an effort to assess the potential for

safety trade-offs resulting from the

failure to reactivate the air bag after it

has been deactivated for an infant, the

agency estimates that only 1.3 percent of

the vehicles permitted to have a cutoff

device would be carrying an infant. If

one assumes for the purpose of analysis

that 10 percent of these were not

reactivated, approximately 14 older

occupants may receive AIS 2–5

(survivable) injuries. In addition, for

every one percent of the vehicles in

which the air bag is deliberately

deactivated, 3 fatalities and 100–111

AIS 2–5 injuries would occur annually.

Since the agency believes that the

percentage of vehicles in which the air

bag is inadvertently left off or
27238 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations

deactivated would be fairly small, the

number of infants who would avoid

potentially serious injury far exceed the

number of non-infants who might be

injured.

A final regulatory evaluation has been

prepared for this rulemaking. A more

detailed explanation of the costs and

benefits can be found in that document.

Regulatory Flexibility Act

NHTSA has also considered the

impacts of this final rule 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, NHTSA does not

anticipate a significant economic impact

from this rulemaking action.

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 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.

Civil Justice Reform

This final 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.

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 sections S4.1.5.1(b),

S4.5.1(b)(1), and S4.5.2 and adding new

sections S4.5.4 and S4.5.4.1 through

S4.5.4.4 and S8.4, to read as follows:

§ 571.208 Standard No. 208, Occupant

Crash Protection.

* * * * *

S4.1.5.1 Front/angular automatic protection

system.

* * * * *

(b) For the purposes of sections S4.1.5

through S4.1.5.3 and S4.2.6 through S4.2.6.2,

an inflatable restraint system means an air

bag that is activated in a crash, other than an

air bag that can be deactivated by a manual

cutoff device permitted by S4.5.4 of this

standard.

* * * * *

S4.5.1 Labeling and owner’s manual

information.

* * * * *

(b) Label on sun visor above front outboard

seating positions equipped with inflatable

restraint.

(1) Each vehicle manufactured on or after

September 1, 1994, shall comply with either

S4.5.1(b)(1)(i) or S4.5.1(b)(1)(ii).

(i) Each front outboard seating position that

provides an inflatable restraint shall have a

label permanently affixed to the sun visor for

such seating position on either side of the

sun visor, at the manufacturer’s option.

Except as provided in S4.5.1(b)(3), this label

shall read:

CAUTION

TO AVOID SERIOUS INJURY:

For maximum safety protection in all types

of crashes, you must always wear your

safety belt.

Do not install rearward-facing child seats in

any front passenger seat position.

Do not sit or lean unnecessarily close to the

air bag.

Do not place any objects over the air bag or

between the air bag and yourself.

See the owner’s manual for further

information and explanations.

(ii) If the vehicle is equipped with a cutoff

device permitted by S4.5.4 of this standard,

each front outboard seating position that

provides an inflatable restraint shall have a

label permanently affixed to the sun visor for

such seating position on either side of the

sun visor, at the manufacturer’s option. This

label shall read:

CAUTION

TO AVOID SERIOUS INJURY:

For maximum safety protection in all types

of crashes, you must always wear your

safety belt.

Do not install rearward-facing child seats in

any front passenger seat position, unless

the air bag is off.

Do not sit or lean unnecessarily close to the

air bag.

Do not place any objects over the air bag or

between the air bag and yourself.

See the owner’s manual for further

information and explanations.

* * * * *

S4.5.2 Readiness Indicator. An occupant

protection system that deploys in the event

of a crash shall have a monitoring system

with a readiness indicator. The indicator

shall monitor its own readiness and shall be

clearly visible from the driver’s designated

seating position. If the vehicle is equipped

with a single readiness indicator for both a

driver and passenger air bag, and if the

vehicle is equipped with a cutoff device

permitted by S4.5.4 of this standard, the

readiness indicator shall monitor only the

readiness of the driver air bag when the

passenger air bag has been deactivated by

means of the cutoff device. A list of the

elements of the system being monitored by

the indicator shall be included with the

information furnished in accordance with

S4.5.1 but need not be included on the label.

* * * * *

S4.5.4 Passenger Air Bag Manual Cutoff

Device. Passenger cars, trucks, buses, and

multipurpose passenger vehicles may be

equipped with a device that deactivates the

air bag installed at the right front passenger

position in the vehicle, if all of the

conditions in S4.5.4.1 through S4.5.4.4 are

satisfied.

S4.5.4.1 The vehicle complies with either

S4.5.4.1(a) or S4.5.4.1(b).

(a) The vehicle has no forward-facing

designated seating positions to the rear of the

front seating positions.

(b) With the seats and seat backs adjusted

as specified in S8.1.2 and S8.1.3, the

distance, measured along a longitudinal

horizontal line tangent to the highest point of

the rear seat bottom in the longitudinal

vertical plane described in either

S4.5.4.1(b)(1) or S4.5.4.1(b)(2), between the

rearward surface of the front seat back and

the forward surface of the rear seat back is

less than 720 millimeters.

(1) In a vehicle equipped with front bucket

seats, the vertical plane at the centerline of

the driver’s seat cushion.

(2) In a vehicle equipped with front bench

seating, the vertical plane which passes

through the center of the steering wheel rim.

S4.5.4.2 The device is operable by means

of the ignition key for the vehicle. The device

shall be separate from the ignition switch for

the vehicle, so that the driver must take some

action with the ignition key other than

inserting it or turning it in the ignition switch

to deactivate the passenger air bag. Once

deactivated, the passenger air bag shall

remain deactivated until it is reactivated by

means of the device.
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27239

S4.5.4.3 A telltale light on the dashboard

shall be clearly visible from all front seating

positions and shall be illuminated whenever

the passenger air bag is deactivated. The

telltale:

(a) Shall be yellow;

(b) Shall have the identifying words ‘‘AIR

BAG OFF’’ on the telltale or within 25

millimeters of the telltale;

(c) Shall remain illuminated for the entire

time that the passenger air bag is deactivated;

(d) Shall not be illuminated at any time

when the passenger air bag is not

deactivated; and,

(e) Shall not be combined with the

readiness indicator required by S4.5.2 of this

standard.

S4.5.4.4 The vehicle owner’s manual

shall provide, in a readily understandable

format:

(a) Complete instructions on the operation

of the cutoff device;

(b) A statement that the cutoff device

should only be used when a rear-facing

infant restraint is installed in the front

passenger seating position; and,

(c) A warning about the safety

consequences of using the cutoff device at

other times.

* * * * *

S8.4 Frontal test condition. If the vehicle

is equipped with a cutoff device permitted by

S4.5.4 of this standard, the device is

deactivated.

* * * * *

Issued on May 18, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–12555 Filed 5–18–95; 1:52 pm]

BILLING CODE 4910–59–M