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[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Rules and Regulations]
[Pages 27233-27239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12555]

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DEPARTMENT OF TRANSPORTATION
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.

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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 bag-equipped 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 [[Page 27234]] 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.

    \1\ A complete description of various steps NHTSA has taken to 
address this problem can be found in the October 7 notice.
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    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 rear-facing 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 rear-facing 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.

    \2\ By ``inadequate rear seat,'' the agency is referring to 
seats which do not have sufficient fore-and-aft clearance to 
accommodate typical rear-facing infant restraints.
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    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 [[Page 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 
phase-in 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 voluntarily-
installed 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 [[Page 27236]] 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 [[Page 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 re-examining 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 bag-equipped 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 forward-facing 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 two-seater 
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 
[[Page 27238]] 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:

Sec. 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. [[Page 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
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