```

[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Proposed Rules]
[Pages 56425-56426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19214]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

Federal Motor Vehicle Safety Standards

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

ACTION: Denial of petition for rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document denies a petition for rulemaking submitted by 
Mr. Albert Donnay requesting NHTSA to require manufacturers to offer 
carbon monoxide detectors in all new gasoline powered vehicles and to 
make available retrofit devices for older vehicles. These detectors 
would automatically shut off the engine when carbon monoxide levels 
inside the vehicle exceed a concentration of 200 parts per million, 
when the vehicle is stationary. The data show that a mandate for in-
vehicle carbon monoxide detectors would fail to address more than 70% 
of vehicle-related carbon monoxide deaths, because the victims are 
outside the vehicle. NHTSA will use its resources to consider safety 
areas where more effective solutions are available.

FOR FURTHER INFORMATION CONTACT: Mr. John Lee, Office of Crash 
Avoidance Standards, NVS-123, National Highway Traffic Safety 
Administration, 400 7th Street, SW., Washington, DC 20590. Telephone: 
(202) 366-2720. Fax: (202) 366-7002.
    For legal issues: Mr. George Feygin, Office of Chief Counsel, NCC-
112, National Highway Traffic Safety Administration, 400 7th Street, 
SW., Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-
3820.

SUPPLEMENTARY INFORMATION: On January 12, 2001, Mr. Albert Donnay 
submitted a petition for rulemaking requesting that NHTSA: (1) Issue 
annual press releases on the dangers of vehicle carbon monoxide \1\ 
(CO) poisoning and recommend the use of CO detectors, (2) report CO 
vehicle-related fatalities (suicide, unintentional, in moving and 
stationary vehicles), (3) fund research on CO poisoning in vehicles, 
(4) require information on the dangers of carbon monoxide poisoning be 
included in owners' manuals and (5) require manufacturers to install CO 
detectors in all new gasoline powered vehicles and offer equivalent 
devices for older vehicles. These detectors would have the capability 
to cut-off the engine when carbon monoxide levels inside the vehicle 
exceed a concentration of 200 parts per million (ppm) for a stationary 
vehicle. In moving vehicles the occupants would be directed to open a 
window immediately when an audio and visual warning is given off by the 
detector when CO level reached 10 ppm. In support of his petition, Mr. 
Donnay cited two NHTSA Research Notes, ``Fatalities Associated With 
Carbon Monoxide Poisoning From Motor Vehicles in 1993'' December 
1996,\2\ and ``Fatalities Associated With Carbon Monoxide Poisoning 
From Motor Vehicles, 1995-1997'' April 2000.\3\
---------------------------------------------------------------------------

    \1\ Carbon monoxide is a colorless, odorless gas that is 
contained in the exhaust of gasoline powered motor vehicles. When 
inhaled in sufficient quantities, carbon monoxide can cause illness 
or death.
    \2\ The December 1996 Research Note reported data collected by 
the National Center for Health Statistics (NCHS) on the estimated 
number of people killed as a result of CO poisoning by exhaust gases 
from motor vehicles in 1993. The study examined factors such as 
stationary and moving vehicles, unintentional and suicidal CO 
deaths, season of the year, and vehicle location. NCHS reported that 
in 1993, 1,978 deaths occurred while the vehicle was in the 
stationary position. Eighty-four percent of the deaths were the 
result of suicide, 12 percent were accidental and 3 percent were of 
unknown intent. The annual average of accidental fatalities in 
stationary vehicles for 1993 was 245.
    \3\ The April 2000 Research Note reported an annual average of 
222 accidental fatalities associated with CO poisoning for 
stationary vehicles for a period between 1995 and 1997. The data 
from the April 2000 Research Note indicated a decline in accidental 
fatalities in stationary vehicles from 234 CO fatalities in 1995 to 
208 CO fatalities in 1997.
---------------------------------------------------------------------------

    The agency is denying the petition for the reasons explained below. 
We began our consideration of the petition by reviewing the data. In 
May 2004, the agency published a more comprehensive study of injuries 
and fatalities resulting from, among other things, CO poisoning.\4\ 
This study was based on a review of 1998 death certificates from 35 
states. The results of the study found that CO deaths most often do not 
involve moving vehicles, but rather vehicles left running in enclosed 
spaces. There were 140 deaths associated with vehicle generated carbon 
monoxide poisoning found in the death certificates reviewed. Of the 140 
deaths, 41 deaths (29%) occurred while the individual was sitting in 
the vehicle. The other 71% of deaths involved people outside the 
vehicle. One hundred twenty-nine of the fatalities (92%) occurred in a 
garage, home, or residence. Most of the scenarios involved someone 
working on a vehicle with the vehicle running in a closed garage, or a 
death in a residence when someone left a vehicle running in a garage 
attached to the home. A review of scientific literature cited in the 
report found, ``Unintentional poisonings from vehicle-generated carbon 
monoxide diminished toward the close of the 20th century, with a 
particular decline in these types of incidents noted in the years 
following 1975 when catalytic converters were introduced into 
automobiles. The steady decline from 4.0 to 0.9 deaths per 1 million 
person-years since 1975 represents a 76.3 percent decrease. The total 
number of 1998 unintentional motor vehicle related deaths from carbon 
monoxide has been reported at 238.'' Thus, there is a decline in 
vehicle-related CO deaths absent any regulation. In addition, the data 
about vehicle-related CO deaths indicate a home CO detector would be 
substantially more effective than a vehicle CO detector at preventing 
these deaths because 92% of the fatalities occurred at the home.
---------------------------------------------------------------------------

    \4\ ``Non-Traffic Death and Injury Data Collection Study,'' see 
http://www.nhtsa.dot.gov/cars/problems/studies/NonTraffic-NonCrash/Images/noncrash.pdf.
---------------------------------------------------------------------------

    Further, we note that NHTSA has previously denied a petition for 
rulemaking that is substantially similar to Mr. Donnay's petition,\5\ 
because the costs far exceeded the expected benefits. Specifically, the 
agency denied a petition for rulemaking submitted by Mr. Herb 
Denenberg, which requested that: (1) The agency require carbon monoxide 
detectors in all new motor vehicles; (2) the agency require 
manufacturers to offer optional carbon monoxide detectors in all new 
motor vehicles, (3) the agency require that the owners' manuals 
indicate the

[[Page 56426]]

availability and value of installing a carbon monoxide detector; and 
(4) the agency issue press releases and consumer advisories with 
information regarding the availability and value of CO detectors. The 
petitioner cited the results of the 1996 Research Note and stated, 
``many if not most of these deaths could be prevented by carbon 
monoxide detectors,'' but did not offer any data to support this 
assertion. NHTSA denied the Denenberg petition because the costs would 
have been unjustifiable \6\ in relation to the benefits. The 
effectiveness of CO detectors lessens substantially over time and most 
vehicle-related CO deaths involve older vehicles.
---------------------------------------------------------------------------

    \5\ See 62 FR 49190, September 19, 1997.
    \6\ We estimated that the total cost of the requirement would 
exceed $240 million. This estimate does not include the cost of 
installation and maintenance.
---------------------------------------------------------------------------

    The agency is denying this petitioner's request for the same 
reasons. In addition to our previously stated reasons for denying the 
petition, the agency is also concerned that the automatic engine shut-
off device proposed by the petitioner could prove to be a hazard. For 
example, in a tunnel with congested traffic, the concentration of CO 
may cause the device to shut off the engine, resulting in further 
traffic congestion or even possible crashes.
    In accordance with 49 CFR part 552, this completes the agency's 
technical review of the petition for rulemaking from Mr. Albert Donnay. 
Based on this review, the agency has concluded its resources would be 
more productively directed to other areas. Therefore, Mr. Donnay's 
petition is denied.

    Issued on: September 20, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-19214 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-59-P
```