[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Proposed Rules]
[Pages 46546-46559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20024]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571, 585, 586, 589, 590, and 596
[Docket No. NHTSA-03-15817; Notice 1]
RIN 2127-AI91
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to require all designated seating
positions in rear seats, other than side-facing seats, be equipped with
integral lap/shoulder safety belts. This proposal responds, in part, to
a Congressional mandate that the agency begin to phase-in requirements
for lap/shoulder belts for all rear seating positions, wherever
practicable, not later than September 1, 2005.
DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than October 6, 2003.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
03-15817] by any of the following methods:
[sbull] Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
[sbull] Fax: 1-202-493-2251.
[sbull] Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
[sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal Holidays.
[sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For
[[Page 46547]]
detailed instructions on submitting comments and additional information
on the rulemaking process, see the Public Participation heading of the
Supplementary Information section of this document. Note that all
comments received will be posted without change to http://dms.dot.gov,
including any personal information provided. Please see the Privacy Act
heading under Regulatory Analyses and Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call
Sanjay Patel, Office of Crashworthiness Standards, at 202-366-4583.
For legal issues, you may call Rebecca MacPherson, Office of the
Chief Counsel, at 202-366-2992.
You may send mail to both of these officials at the National
Highway Traffic Safety Administration, 400 Seventh St., SW.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. The Safety Problem
III. Proposed Requirements
IV. Anticipated Benefits and Costs of Proposed Requirements
V. Phase-in of New Requirements
VI. Request for Comments
VII. Rulemaking Analyses and Notices
I. Background
On December 4, 2002, the President signed into law ``Anton's Law'',
Pub. L. 107-318 (December 4, 2002; 116 Stat. 2772), which provides for
the improvement of child safety devices when installed in motor
vehicles. One of the provisions of Anton's Law concerns the
installation of lap/shoulder belts in rear seating positions.
Specifically, section 5(a) of the law directs the Secretary of
Transportation, through NHTSA, to issue a final rule by December 2004
that would:
require a lap and shoulder belt assembly for each rear designated
seating position in a passenger motor vehicle with a gross vehicle
weight rating of 10,000 pounds or less, except that if the Secretary
determines that installation of a lap and shoulder belt assembly is
not practicable for a particular designated seating position in a
particular type of passenger motor vehicle, the Secretary may
exclude the designated seating position from the requirement.
Section 5(b) of the statute further specifies that the final rule
be implemented in phases on a production year basis, beginning with the
closest production year after the year the final rule is published.\1\
The rule is to be effective for all vehicles by the third production
year of the phase-in. Thus, according to the schedule mandated by
Anton's Law, the phase-in would commence on September 1, 2005, and all
vehicles not covered by the phase-in would have to meet the
requirements of the final rule by September 1, 2007.
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\1\ ``The requirement prescribed under subsection (a)(1) shall
be implemented in phases on a production year basis beginning with
the production year that begins not later than 12 months after the
end of the year in which the regulations are prescribed under
subsection (a). The final rule shall apply to all passenger motor
vehicles with a gross vehicle weight rating of 10,000 pounds or less
that are manufactured in the third production year of the
implementation phase-in under the schedule.''
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The Anton's Law requirement is fully consistent with the agency's
pre-existing plan to initiate rulemaking that would expand upon the
current requirement in Federal Motor Vehicle Safety Standard No. 208,
Occupant crash protection (FMVSS No. 208) that, subject to certain
exceptions, all rear seating positions be equipped with integral lap/
shoulder belts.\2\ An entry for this rulemaking appeared in the DOT
Semiannual Regulatory Agenda published December 9, 2002 (67 FR 74943).
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\2\ An integral lap/shoulder belt, also referred to as a Type 2
belt, is one where the lap and shoulder portion are either both
attached at the buckle assembly or are a continuous piece of
webbing, along which the buckle assembly moves. In either instance,
there is a single buckle for both the lap and shoulder portion of
the belt. An integral lap/shoulder belt is different from a lap/
shoulder belt that is integrated into the seat back. This second
type of belt is an integral lap/shoulder belt for which the upper
shoulder anchorage is physically attached to the seat back rather
than to the vehicle structure.
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The agency first addressed mandatory lap/shoulder belts for rear
seats in 1984 (49 FR 15241, April 18, 1984), when it denied a petition
to initiate rulemaking that would require such belts for rear outboard
seating positions of passenger cars. The petition largely focused on
the need for such systems to restrain children adequately in booster
seats. At the time of the denial, NHTSA was considering a requirement
that vehicles be equipped with a tether anchorage to secure a then-
popular child restraint. The agency believed this approach would offer
greater protection than requiring a lap/shoulder belt. While NHTSA
acknowledged that a lap/shoulder belt would offer additional
protection, it concluded that rear lap belts already provided effective
protection to occupants in the rear seat. It also concluded that the
cost associated with a rear lap/shoulder belt would be too great, given
the low rate of belt use in the rear seat.
The agency was again petitioned to require rear lap/shoulder belts
in 1986. Once again the petition focused on the increased protection
that would be afforded to children riding in motor vehicles. NHTSA
granted the petition because of two new factors: many states had
adopted mandatory safety belt use laws, and the child restraint
industry had moved away from child seat designs that could be tethered
to the vehicle. While still concerned about the high cost of rear lap/
shoulder belts relative to the expected reduction in deaths and
injuries, the agency published first an advance notice of proposed
rulemaking (ANPRM) and then a notice of proposed rulemaking (NPRM) to
require manufacturers to install lap/shoulder belts in all forward-
facing rear outboard seating positions in vehicles with a gross vehicle
weight rating (GVWR) under 4,536 kg (10,000 pounds). See 52 FR 22818,
June 16, 1987 and 53 FR 47982, November 29, 1988, respectively.
On June 14, 1989 (54 FR 25275), the agency published the first of
two final rules addressing the issues raised in the 1988 NPRM (53 FR
47982). The rule established a new requirement mandating lap/shoulder
belts for forward-facing rear outboard seating positions in all
passenger cars other than convertibles. At that time, the agency
estimated that approximately 90 percent of the projected benefits for
lap/shoulder belts in all rear designated seating positions of
passenger cars would accrue to occupants in the outboard seats because
those are the rear seats that are most frequently occupied. Given the
relatively small projected benefits related to center seating positions
and the potential costs and technical difficulties associated with
anchoring the shoulder portion of the belt at the center seating
position, NHTSA decided against mandating lap/shoulder belts for any
rear seat other than forward-facing outboard seats.
On November 2, 1989, NHTSA published its second final rule on rear
lap/shoulder belts (54 FR 46257). This rule extended the requirements
of the June 14 final rule to convertibles, light trucks, multi-purpose
vehicles like passenger vans and sport utility vehicles (SUVs), and
small buses other than school buses. As in the earlier final rule,
center seating positions and non-forward-facing seating positions were
excluded from the requirements. Outboard seating positions that abutted
an aisle located along the side of a vehicle, i.e., a passenger van,
were
[[Page 46548]]
likewise excluded. The agency noted that while rear lap belts reduce
the risk of death by 24-40 percent, rear lap/shoulder belts would
reduce that risk by 32-50 percent. The agency postulated that there
would be even more benefits if occupants were more willing to use the
lap/shoulder belt than the lap belt.
Much has changed since NHTSA issued the two final rules in 1989. At
present, all 50 states and the District of Columbia, Puerto Rico, and
the U.S. Territories have child passenger safety laws that require
children to be properly restrained in an approved child restraint or by
the vehicle's belt system. In 1987, belt use in the rear seat was only
16 percent. Today, the agency estimates that the rate of belt use in
the center rear seat is 50 percent in passenger cars and 57 percent in
light trucks and vans (LTVs). Belt use among all rear seat passengers
is 58.5 percent for passenger cars and 66.3 percent for LTVs. Over
time, belt use has been increasing for these positions. It is believed
that a lap/shoulder belt in the rear center position will lead to a
further increase in belt use. In addition, children are increasingly
riding in the back seat in response to educational campaigns designed
to educate parents and other caregivers about the risk to children from
riding in the front seat. NHTSA recently examined rear seat occupancy
patterns for children up to nine years of age. It found that while the
number of fatalities among children in this age group was evenly
divided between the front and rear seat in 1991, by 2000, the front
seat accounted for 56 percent fewer fatalities than the rear seat. The
major change in distribution occurred between 1996 and 2000, the time
frame during which consumers were urged to place their children in the
back seat due to the risk of air bag-related injury or death.\3\
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\3\ The development and implementation of advanced air bag
technologies does not obviate the need for additional rear seat
protections. To the contrary, it remains imperative that children
ride in the back seat regardless of the type of air bag system
integrated into the vehicle. This is because the back seat provides
a safer environment for all occupants, even if the vehicle has no
air bag, and because even the most advanced technology cannot
completely eliminate risk.
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Additionally, consumer information campaigns, which advocate child
restraints for children up to eight years of age, unless they are
taller than 4'9'' have been increasingly successful in convincing
parents to keep their children in appropriate child restraints well
past the age mandated by state law. Finally, states have recently begun
to increase the minimum age requirements for child restraints. Nine
states and the District of Columbia have enacted legislation that
requires children be restrained in a child restraint at least to age
six. Seven other states require child restraint use up to age five. The
increase in child restraint usage by older children has led to greater
use of belt-positioning booster seats. These seats, in which the
vehicle safety belt serves to hold both the child and the restraint in
place, are most often designed for use with a lap/shoulder belt.
Today's proposal seeks to increase the use of belt-positioning
boosters and to improve the safety of all occupants in the center rear
seating position, regardless of whether the occupant is seated in a
booster seat. While this seating position may not be used as often as
the rear outboard seats, we believe that an individual is more likely
to survive a side impact collision if seated in the center seat than if
seated in the impacted outboard seat, as the empty space between the
side of the vehicle and the occupant provides a significant amount of
crush space. We believe that this proposal will provide these occupants
with the same level of safety belt protection as the occupants of other
seating positions.
II. The Safety Problem
As indicated above, one of the primary reasons for today's proposal
is the increased protection that children between the ages of four and
eight gain by having a lap/shoulder belt made available in rear center
seating positions. When these lap/shoulder belts are installed in the
rear center seating position, there will be an additional, and
potentially safer, seating position available for a child in a belt-
positioning booster seat. Lap/shoulder belts are 12 percent more
effective in preventing AIS 2-5 injuries and fatalities than lap belts
in rear seats of passenger cars and ten percent more effective in
preventing AIS 2-5 injuries and fatalities in rear seats of light
trucks. These effectiveness rates assume that the belts are properly
positioned. The increased effectiveness for children who are not
properly positioned would likely be less. Belt positioning booster
seats should enable children to attain the same effectiveness rates
from lap/shoulder belts as the rest of the population, since they allow
proper positioning for children in the four- to eight-year-old age
group. Additionally, the presence of a center lap/shoulder belt may
shift seat usage from the outboard positions to the center seat
position. This would lead to some reduction of injury or death in side
impact crashes.
The potential benefits associated with requiring lap/shoulder belts
for rear center seating positions is not limited to the potential for
increased use of booster seats. It would also benefit older occupants.
In order to estimate the number of individuals who travel in the center
seats of vehicles, NHTSA examined the National Automotive Sampling
System (NASS) Crashworthiness Data System (CDS) data from 1988 to 1999.
Overall, the NASS CDS data indicated that, in this eleven-year period,
approximately eight percent of the roughly 19.6 million individuals
involved in tow away crashes were seated in a center seat. Eighty
percent of the center seat occupants were in the rear. The agency then
looked at the distribution of the annualized maximum abbreviated injury
scale (MAIS) injury levels for occupants seated in center seating
positions in passenger cars and LTVs from 1996 to 1999. The vast
majority of these injuries were sustained by individuals seated in the
rear center seat, with approximately 20 percent of the occupants in
passenger cars seated in a front center seat and 53 percent of the
occupants in LTVs seated in a front center seat.
In a 1999 study, NHTSA found that belt use was approximately seven
to ten percent higher at back outboard designated seating positions
with a lap/shoulder belt than at ones with only a lap belt.\4\ While
the agency cannot explain why belt use is higher, the combination of
higher belt use and increased benefits related to the additional
protection afforded by the shoulder belt result in greater benefits
than lap belts alone. This is true for every forward-facing seating
position.
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\4\ ``Effectiveness of Lap/Shoulder Belts in the Back Outboard
Seating Positions,'' Evaluation Division, Plans and Policy, National
Highway Traffic Safety Administration, Washington, DC June 1999. DOT
HS 808 945.
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Current belt use among rear center-seated passengers in passenger
cars is approximately fourteen percentage points less than among
occupants in the front passenger seat, 49.6 percent as opposed to 63.3
percent. The belt use among rear-seated passengers in LTVs is generally
equivalent to belt use by occupants in the front passenger seat, 57.4
percent and 57.6 percent, respectively.
If the switch from lap belts to lap/shoulder belts in rear center
seating positions did not lead to any increase in belt use, NHTSA
estimates that the addition of a shoulder belt to the rear center
seating positions of passenger cars would prevent five fatalities and
111 injuries (AIS 2-5) annually. Similar numbers, five fatalities and
134 injuries (AIS 2-5) would be achieved in
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requiring lap/shoulder belts in the rear center seats of LTVs. These
reductions in injuries and fatalities are purely the result of the
added protection offered by the shoulder belt.
As noted above, the agency has observed a seven to ten percent
increase in belt usage for seating positions equipped with a lap/
shoulder belt rather than just a lap belt. Assuming that the switch to
lap/shoulder belts lead to a ten percent increase in belt use, the
agency would expect to see the benefits increase to 16 fewer
fatalities, 77 fewer AIS 1 injuries, and 202 fewer AIS 2-5 injuries in
passenger cars equipped with rear center lap/shoulder belts. Likewise,
it would expect to see the benefits increase to 17 fewer fatalities, 60
fewer AIS 1 injuries, and 317 fewer AIS 2-5 injuries in LTVs equipped
with rear lap/shoulder belts. Most of the reduction in injuries would
be in the AIS 2 range. These are injuries that, while not life-
threatening, can result in significant financial costs and long-term
pain and suffering.
III. Proposed Requirements
Today we are proposing to require lap/shoulder belts for all
forward-facing designated seating positions other than the center front
seat for all passenger cars and for most other vehicles with a GVWR
under 4,536 kg (10,000 lb), unless there is an exception for a
particular type of vehicle.\5\ The vehicle exceptions are discussed
below. We are also proposing to require lap/shoulder belts for rear-
facing seats.
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\5\ The rule, if adopted, would include school buses under 4,536
kg (10,000 lb). However, the agency is currently working on a
separate rulemaking regarding seat belts in school buses.
Accordingly, this document will not further discuss potential
requirements for lap/shoulder belts on school buses with a GVWR
under 10,000 lb.
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Since the rulemakings of the late 1980s, manufacturers have begun
voluntarily installing lap/shoulder belts in the rear center seating
position. Data collected in the course of preparing NHTSA's ``Buying a
Safer Car'' brochure indicate a significant increase in the voluntary
installation of lap/shoulder belts in that position. Those data
indicate a nearly twofold increase in the number of vehicle models with
center rear lap/shoulder belts between MY 2000 (66 models) and MY 2002
(120 models). While those data cannot be used to make projections for
the overall fleet, they are indicative of a strong upward trend. An
analysis of passenger cars and LTVs sold during 1999 to 2000 reveals
that approximately 8.2 percent of the passenger cars were equipped with
either two or four seats and did not have any center seating position.
Approximately 69 percent came equipped with a lap/shoulder belt in the
rear center seating positions. The rest of the fleet, approximately 23
percent, would have to be, for the first time, equipped with a rear
center lap/shoulder belt should we decide to issue a final rule
adopting today's proposal. The percentages for LTVs are roughly
reversed. Approximately 67 percent of LTVs sold during 1999 to 2000 had
only a lap belt in the rear center seating positions.
We have also tentatively decided to require lap/shoulder belts for
rear-facing seats and for forward-facing outboard seats adjacent to an
aisle. While we have little data to determine whether a shoulder belt
will reduce the risk of death or injury in a rear-facing seat during a
frontal collision, it is likely that a shoulder belt integrated into
the seat would reduce occupant trajectory in frontal and rear crashes.
However, a shoulder belt mounted to a side pillar may not be as
beneficial in a frontal crash. FMVSS No. 208 currently allows a rear
forward-facing outboard seat that is adjacent to an aisle that runs
between the seat and the side of the vehicle to be equipped with only
lap belts if that aisle is used to gain access to seats rearward of the
seat in question. This exclusion was added to the standard to address
potential ingress/egress problems for those more rearward seats and
because anchorages attached to the side of the vehicle could be a poor
fit with the vehicle seat. With the advent of lap/shoulder belts that
are integrated into the seat back, we believe such an exception may no
longer be needed. Likewise, a manufacturer could choose to anchor the
shoulder portion of the belt to the vehicle roof rather than the side
of the vehicle.
At the present time, we are not planning on changing the lap/
shoulder belt requirements for swivel seats or for readily removable
seats. Both of these types of seats may have modified lap/shoulder belt
assemblies. Currently, FMVSS No. 208 specifies that seats that can be
adjusted to be forward-facing and to face in some other direction
(e.g., swivel seats) must have at least a lap belt at all positions in
which the seat may be placed while the vehicle is in motion.
Additionally, the seat must have at least a non-integral lap/shoulder
belt that is usable while the seat is in its forward-facing position.
While integral lap/shoulder belts are also permissible, a non-integral
belt allows a passenger to only buckle the lap portion of the belt
while the seat is forward-facing, although the occupant does have the
option to use both the lap and shoulder portion of the belt. This
exception may no longer be needed with the advent of lap/shoulder belts
that are integrated into the seat back. The standard also permits
readily removable seats to have a shoulder belt that may be detached at
either the upper or lower shoulder belt anchorage, but not both. Again,
the advent of lap/shoulder belts integrated into the seat back may
obviate the need for this exception.
We have tentatively decided against requiring lap/shoulder belts
for the center front seat, because the projected benefits, when
compared to the cost involved in requiring lap/shoulder belts for this
seating position, are so low. The primary reason that benefits are so
low is because belt use among front center seat occupants is low,
particularly in LTVs. While the belt use rate in the front center
seating position of passenger cars is 25.6 percent, in LTVs it is only
16 percent. However, we also recognize that requiring lap/shoulder
belts for the center front seating position would allow individuals who
do use their seat belt to receive the additional benefit of a shoulder
belt. We estimate that, assuming a ten percent increase in belt use
rates due to the addition of a shoulder belt, there would be
approximately four fewer fatalities and ten fewer injuries (AIS 2-5)
per year if a lap/shoulder belt were required for front center seat
positions in passenger cars. For LTVs, the numbers are quite a bit
higher, with an estimated 12 fewer fatalities and 59 fewer injuries
(AIS 2-5) per year. Additionally, being able to use a booster seat in
the front center position could have a further incremental safety
benefit in those vehicles where there are no rear seating positions by
enabling the use of a belt-positioning booster seat at that seating
position. Accordingly, the benefit associated with a front center lap/
shoulder belt may be particularly high for LTVs; this may be especially
true for pick-up trucks with a single row of seating, where the
additional cost of the shoulder belt would be minimal, there are no
other locations other than the right outboard passenger seat to place a
booster seat, and the presence of a lap/shoulder belt may increase the
currently low levels of belt use. A more thorough discussion of the
costs associated with this rulemaking is provided below.
Likewise, we have tentatively decided against proposing to require
lap/shoulder belts for side-facing seats, although we are seeking
comment on this. Lap belts would be required for side-facing seats that
are designated seating positions. While we are unaware of any studies
demonstrating benefits related to the addition of a shoulder belt for
side-facing seats, there could be
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some benefit to having a lap/shoulder belt in rollovers or if the
opposite side of the vehicle is struck. Additionally, we have some
concern that the shoulder belt, depending on its placement, could
actually harm an occupant sitting in a side-facing seat. This is
because the shoulder portion of the belt could load the neck during a
frontal collision.
Finally, we have tentatively decided to retain some vehicle
exceptions to the current rear lap/shoulder provisions contained in
FMVSS No. 208. Specifically, rear designated seats in motor homes,
walk-in van-type trucks, and vehicles designed to be sold exclusively
to the U.S. postal service would be excluded from the rear lap/shoulder
belt requirements. The rear seats in LTVs carrying chassis-mount
campers with a GVWR greater than 3,855 kg (8,500 lb) and no greater
than 4,536 kg (10,000 lb) need only be equipped with a lap belt.
While not proposing any changes to the current FMVSS No. 208
comfort and convenience requirements and the various barrier tests
contained in FMVSS No. 208, we are seeking comment on whether rear seat
requirements should be considered. Since the benefits associated with
lap/shoulder belts can only be realized if they are used correctly, it
may be appropriate to consider requiring adjustable upper anchorages.
For example, some vans have shoulder belts mounted as far back as the
next rearward seating position. These designs may not provide a
particularly good fit. Other designs may be equally uncomfortable,
particularly for children. Accordingly, we are presently evaluating the
need for rear seat adjustability requirements to ensure that a minimum
level of comfort is provided. As is presently the case, today's
proposal contemplates imposing rear seat lap/shoulder belt requirements
without a corresponding test requirement that the belts provide a
requisite level of protection in a crash. Such a test procedure, while
desirable, could be difficult to implement given the relatively small
space in the rear seat. However, the agency will monitor the
performance of rear seat belt systems in various agency programs to
ensure that they are effective at mitigating injury.
IV. Anticipated Benefits and Costs of Proposed Requirements
As indicated above, NHTSA anticipates that the addition of a
shoulder belt to the rear center seating positions in passenger cars
would prevent between five and 16 fatalities and 111-279 injuries (AIS
1-5) per year. If lap/shoulder belts were required at all forward-
facing rear seating positions in LTVs, an additional five to 17
fatalities and 134 to 377 injuries (AIS 1-5) would be prevented
annually. If all center seating positions were equipped with lap/
shoulder belts, seven to 20 fatalities and 118 to 324 injuries (AIS 1-
5) could be prevented per year in passenger cars and eight to 29
fatalities and 142 to 505 injuries (AIS 1-5) could be prevented in LTVs
annually.
Approximately 23 percent of the passenger car fleet, or 2,032,842
passenger cars, would need to be equipped with an additional shoulder
belt should the agency decide to issue a final rule adopting today's
proposal. Approximately 57.5 percent of the LTV fleet, or 4,326,850
LTVs would need to be equipped with an additional shoulder belt.
Approximately 41 percent of this total (1,779,078) consists of SUVs,
approximately 36 percent (1,563,389) consists of light trucks, and
approximately 23 percent (984,383) consists of vans. Additionally, if
NHTSA were to require a center lap/shoulder belt for light trucks with
only one row of seats, approximately 11 percent (966,128) of the LTV
fleet would need to be equipped with an additional lap/shoulder belt.
NHTSA estimates the average cost of installing a lap/shoulder belt
in the front outboard seat of a passenger car is $28.25. The average
cost of a lap belt currently installed in the center rear seat of a
passenger car is $12.84. Accordingly, NHTSA estimates that the net cost
of installing a lap/shoulder belt in the center rear seat of a
passenger car would average $15.41. The average cost of installing
front outboard lap/shoulder belts in LTVs is somewhat higher than for
passenger cars: $35.79 as opposed to $28.25. However, this difference
is largely related to differences in the seat geometry of the two
different types of vehicles. We would not expect to see these
differences in a rear center seating position. Assuming the shoulder
portion of the center rear seat costs the same as the shoulder portion
of an outboard rear seat, we anticipate that the net cost, per belt,
for LTVs would be the same as for passenger cars. The total net cost
associated with replacing lap belts with lap/shoulder belts at rear
center seating positions is anticipated to be approximately $109
million.
The rear seat of pick-up trucks and passenger cars (other than
station wagons) would not need to be reinforced to anchor the center
lap/shoulder belts. Likewise, the seat of a front seat-only pick-up
truck would not need to be reinforced. This is because the upper
anchorages for these vehicles can be attached to the back package shelf
or to the floor frame of the vehicle without impinging on the available
occupant floor space or cargo space. The same is not true for passenger
vans and SUVs. In these vehicles, there might be no back package shelf
and the floor space behind the seat might be needed to accommodate
vehicle occupants or cargo. While other anchorage locations might
exist, for cost purposes NHTSA is assuming that most manufacturers
would choose to install lap/shoulder belts that are integrated into the
seat back. This might require the seat back to be reinforced at an
estimated cost of $31.08 per seating position. The estimated total cost
of such reinforcements is approximately $109 million. The total cost of
the rule would be $218 million.\6\
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\6\ Since the number of buses under 4,536 kg (10,000) is
negligible, the addition of lap/shoulder belts to these vehicles
would not impact the total cost of the rule.
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V. Phase-in of New Requirements
Anton's Law requires that NHTSA issue a final rule not later than
December 2004. It further specifies that the final rule be implemented,
in stages, starting not later than September 1, 2005 and be fully
implemented no later than September 1, 2007. Thus, the rule would be
phased-in between September 1, 2005 and September 1, 2007. We are
proposing the following phase-in schedule to provide interested parties
with the contemplated compliance percentages for each year of the
phase-in:
[sbull] MY 2006 (September 1, 2005 through August 31, 2006): 50
percent of all vehicles that are produced by manufacturers and are
subject to the phase-in must comply. Advance credits for early
compliance may be used on a one-to-one basis.
[sbull] MY 2007 (September 1, 2006 through August 31, 2007): 80
percent of all vehicles that are produced by manufacturers and are
subject to the phase-in must comply. Advance credits may be used on a
one-to-one basis.
[sbull] September 1, 2007: all vehicles, regardless of whether they
are subject to the phase-in, must comply. No advance credits may be
used.
We are proposing to exclude vehicles manufactured in two or more
stages and altered vehicles from the phase-in requirements. Final-stage
manufacturers have no control over the vehicles that the previous-stage
manufacturer decides to modify to meet the phase-in requirements.
Accordingly, the final-stage manufacturer may have little or no choice
in purchasing an incomplete
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vehicle that meets the requirements of the proposed rule. While
alterers have more control, since they are only purchasing completed
vehicles, they may have limited control over purchasing completed,
certified vehicles in a manner that would allow them to meet the phase-
in requirements. This is because, as with the final-stage
manufacturers, the end customer often makes the final decision as to
which type of vehicle to purchase. All multi-stage and altered vehicles
manufactured on or after September 1, 2007 must be certified as
complying with the new requirements.
We have tentatively decided to also exclude small volume
manufacturers (i.e., manufacturers of less than 5,000 vehicles per year
produced for the U.S. market) from the phase-in because of their small
size. However, NHTSA notes that, unlike the advanced air bag or tire
pressure monitor system rulemakings, in which the technologies used to
comply with the standard are relatively new, the technologies for lap/
shoulder belts are well established. Accordingly, these manufacturers
are unlikely to face the supply-and-demand problems anticipated in the
afore-referenced rulemakings.
We have also tentatively decided to allow manufacturers of two or
fewer carlines to opt out of the first year of the phase-in as long as
100% of their vehicles are certified as complying with the new
requirements during the second year of the phase-in. NHTSA is
considering allowing manufacturers to claim advanced credits for that
second year, although we believe it is unlikely they would be needed.
The proposed regulatory text addressing the phase-in reporting
requirements gathers together the phase-in requirements for all safety
standards being phased-in and places them in a single part of the Code
of Federal Regulations, 49 CFR Part 585. This would allow people
henceforth to look to a single source for all reporting requirements
associated with phase-ins. While no substantive changes are proposed
for existing reporting requirements, some changes have been made for
consistency of text. We encourage interested parties to review these
changes to ensure that no substantive changes have been made.
VI. Request for Comments
NHTSA seeks answers to the following questions, as well as comments
on this notice in general.
1. What are the projected costs associated with increasing seat
back strength to allow for lap/shoulder belts that are integrated into
the seat back?
2. What are the potential benefits and disbenefits associated with
requiring integral lap/shoulder belts for rear-facing designated
seating positions, and what are the projected costs associated with
such a requirement?
3. What are the potential technological impediments associated with
requiring integral lap/shoulder belts for rear-facing designated
seating positions?
4. What are the potential benefits and disbenefits associated with
requiring integral lap/shoulder belts for forward-facing outboard
designated seating positions adjacent to an aisle located next to the
side of the vehicle and used for ingress and egress to more rearward
seating positions, and what are the projected costs associated with
such a requirement?
5. How many seats referenced in question 4, if any, currently use a
lap/shoulder belt integrated into the vehicle seat or other technology
that provides a lap/shoulder belt without impeding access to more
rearward seats, and what are the estimated costs associated with such
technologies?
6. How many swivel seats, if any, currently use a lap/shoulder belt
integrated into the vehicle seat or other technology that provides a
lap/shoulder belt, and what are the estimated costs associated with
such technologies?
7. How many readily removable seats, if any, currently use a lap/
shoulder belt integrated into the vehicle seat or other technology that
provides a lap/shoulder belt, and what are the costs associated with
such technologies?
8. What are the benefits and disbenefits associated with allowing
detachable shoulder belts for seats other than those that are readily
removable?
9. What are the potential benefits and disbenefits associated with
requiring integral lap/shoulder belts for side-facing designated
seating positions, and what are the projected costs associated with
such a requirement?
10. NHTSA seeks information on side-facing seat studies in multiple
crash modes. Should the agency prohibit the installation of Type 2
belts for side-facing seats?
11. What are the benefits and disbenefits associated with a
requirement for integral lap/shoulder belts for the front center seats
in passenger cars and LTVs, particularly vehicles that have a single
row of seats?
12. What are the benefits and disbenefits associated with a
requirement for integral lap/shoulder belts in all designated rear
seating positions on buses, other than school buses, with a GVWR of
4,536 kg (10,000 lb) or less?
13. What are the potential technological impediments associated
with requiring integral lap/shoulder belts for rear designated seating
positions on buses, other than school buses, with a GVWR of 4,536 kg
(10,000 lb) or less?
14. NHTSA requests comment on the proposed phase-in schedule.
Should special provision be made for small volume manufacturers and
manufacturers of two or fewer carlines? If so, please provide data and
information that would justify such a provision.
15. Is it still appropriate to exclude particular vehicle types,
e.g., motor homes, walk-in vans, and driver positions in heavy trucks
and buses, from requirements for lap/shoulder belts at designated
seating positions?
16. Is there a need to develop comfort and convenience test
procedures for rear designated seating positions?
17. NHTSA seeks information on seat belt fit studies conducted on
rear seat occupants of varying size and stature. The agency also
requests the results of any dynamic testing of any adjustable seat belt
anchorages at different anchorage adjustments that would allow NHTSA to
determine the appropriateness of requiring adjustable anchorages for
rear lap/shoulder belts.
18. Is there a need to extend the frontal impact crash test
requirements of FMVSS No. 208 to the rear seating positions?
19. What percentage of cars have lap/shoulder safety belts in the
rear center seating positions in MY 2003 and what percentage are
planned to have them in MY 2004? What percentage of LTVs have lap/
shoulder safety belts in the rear center seating positions in MY 2003
and what percentage are planned to have them in MY 2004?
20. What is the cost of installing a manual lap/shoulder belt
system in place of the current lap belt system in front and rear center
seats of passenger cars and LTVs? How would these center seat systems
differ in design and cost from current outboard systems?
VII. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is economically significant.
Accordingly, the Office of Management and Budget has reviewed this
rulemaking document under E.O. 12866, ``Regulatory Planning and
Review.'' The rulemaking action
[[Page 46552]]
has also been determined to be significant under the Department's
regulatory policies and procedures. The benefits and costs associated
with today's rule have been briefly discussed earlier in this document.
For a more detailed analysis, please refer to the preliminary economic
analysis supporting today's proposal.
B. Regulatory Flexibility Act
We have considered the effects of this rulemaking action under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This action would not
have a significant economic impact on a substantial number of small
businesses because the vast majority of motor vehicle manufacturers are
not small businesses. Small organizations and small governmental units
would not be significantly affected by the proposed rule since the
potential cost impacts associated with this proposal should only
slightly increase the price of new motor vehicles. A more complete
analysis of the impact of today's rule on small businesses,
organizations, and governmental units may be found in the preliminary
economic analysis.
C. National Environmental Policy Act
NHTSA has analyzed this proposed amendment for the purposes of the
National Environmental Policy Act and determined that it would not have
any significant impact on the quality of the human environment.
D. Executive Order 13132 (Federalism)
The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The final rule, if issued,
would have no substantial effects on the States, or on the current
Federal-State relationship, or on the current distribution of power and
responsibilities among the various local officials. The final rule, if
issued, is not intended to preempt state tort civil actions.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). The final rule, if
issued, would require the expenditure of resources above and beyond
$100 million annually. NHTSA will explore various options based on the
response to the public comments. For example, the agency could decide
to exclude rear-facing seats from the final rule. Likewise, it could
decide to require a lap/shoulder belt for the front seat of some, but
not all vehicles with a center designated seating position.
F. Executive Order 12778 (Civil Justice Reform)
The proposed rule would not have any retroactive effect. Under
section 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.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. This proposal
contains a collection of information because of the proposed phase-in
reporting requirements. There is no burden to the general public.
We are submitting a request for OMB clearance of the collection of
information required under today's proposal. These requirements and our
estimates of the burden to vehicle manufacturers are as follows:
[sbull] NHTSA estimates there are 21 manufacturers of passenger
cars, multipurpose passenger vehicles, trucks, and buses having a GVWR
of 4,536 kg (10,000 lb) or less.
[sbull] NHTSA estimates that the total annual reporting and
recordkeeping burden resulting from the collection of information is
1,260 hours.
[sbull] NHTSA estimates that the total annual cost burden, in U.S.
dollars, will be $0.00. No additional resources will be expended by
vehicle manufacturers to gather annual production information because
they already compile this data for their own use.
Organizations and individuals that wish to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10235, New Executive
Office Building, Washington, DC 20503; Attention Desk Officer for
NHTSA.
The purpose of the reporting requirements will be to aid NHTSA in
determining whether a manufacturer has complied with the requirements
of FMVSS No. 208 during the phase-in of those requirements. NHTSA
requests comments on this proposed collection of information in
evaluating:
[sbull] The accuracy of the agency's estimate of the burden of the
proposed collection of information;
[sbull] The quality, utility, and clarity of the information
collected; and
[sbull] The opportunities to minimize the information collection
burden.
H. Executive Order 13045
Executive Order 13045 applies to any rule that: (1) is determined
to be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by us.
As noted earlier, this rulemaking is economically significant.
Additionally, it is expected to have a disproportionate effect on
children, since children are most likely to sit in the rear seat.
However, the impact of this rulemaking on children would be beneficial
instead of detrimental.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards \7\ in its regulatory activities unless doing so
would be inconsistent with applicable law (e.g., the statutory
provisions regarding NHTSA's vehicle safety authority) or otherwise
impractical. In meeting that requirement, we are required to consult
[[Page 46553]]
with voluntary, private sector, consensus standards bodies. Examples of
organizations generally regarded as voluntary consensus standards
bodies include the American Society for Testing and Materials (ASTM),
the Society of Automotive Engineers (SAE), and the American National
Standards Institute (ANSI). If NHTSA does not use available and
potentially applicable voluntary consensus standards, we are required
by the Act to provide Congress, through OMB, an explanation of the
reasons for not using such standards. NHTSA has searched the voluntary
consensus standards generally applicable to the manufacture of motor
vehicles and is unaware of any standards relevant to this rule. If
relevant standards exist, please provide NHTSA with the proper
citations.
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\7\ Voluntary consensus standards are technical standards
developed or adopted by voluntary consensus standards bodies.
Technical standards are defined by the NTTAA as ``performance-based
or design-specific technical specifications and related management
systems practices.'' They pertain to ``products and processes, such
as size, strength, or technical performance of a product, process or
material.''
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J. Comments
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21.)
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given under ADDRESSES.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov to
review the statement.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR part 512.)
Will the Agency Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.
How Can I Read the Comments Submitted by Other People?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location.
You may also see the comments on the Internet. To read comments on
the Internet, take the following steps:
1. Go to the Docket Management System (DMS) Web page of the
Department of Transportation (http://dms.dot.gov/).
2. On that page, click on ``simple search.''
3. On the next page, type in the docket number shown at the
beginning of this document. There is no need to type in the name of the
agency or the year that the docket was opened. For example, if the
docket number is ``NHTSA-03-123545,'' you would type in ``12345''.
After typing the docket number, click on ``search.''
4. On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. You may
download the comments.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
K. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Today's proposal has been written with that directive
in mind, although FMVSS No. 208, in general, is a complicated
regulation. We note that some of the requirements proposed today are
technical in nature. As such, they may require some understanding of
technical terminology. We expect those parties directly affected by
today's rule, i.e., vehicle manufacturers, to be familiar with such
terminology.
L. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
Chapter V as follows:
List of Subjects in 49 CFR Parts 571, 585, 586, 589, 590, and 596
Imports, Motor vehicle safety, Reporting and recordkeeping
requirements, Tires.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 of title 49 would continue
to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166 delegation
of authority at 49 CFR 1.50.
2. Section 571.138 would be amended by revising S7.5.2 to read as
follows:
Sec. 571.138 Standard No. 138; Tire pressure monitoring systems.
* * * * *
S7.5.2 A vehicle produced by more than one manufacturer must be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety
[[Page 46554]]
Administration under 49 CFR Part 585, between the manufacturer so
specified and the manufacturer to which the vehicle would otherwise be
attributed under S7.5.1.
* * * * *
3. Section 571.201 would be amended by revising S6.1.6.2 to read as
follows:
Sec. 571.201 Standard No. 201; Occupant protection in interior
impact.
* * * * *
S6.1.6.2 A vehicle produced by more than one manufacturer must be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR Part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under S6.1.6.1.
* * * * *
4. Section 571.208 would be amended by adding S4.1.5.5, S4.2.7,
S4.4.5, and S4.5.5 as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
S4.1.5.5 Passenger cars manufactured on or after September 1, 2007.
Each passenger car shall have a Type 2 seat belt assembly that conforms
to Standard No. 209 and to S7.1 and S7.2 of this standard at each rear
designated seating position, except that side-facing designated seating
positions shall have a Type 1 seat belt assembly that conforms to
Standard No. 209 and to S7.1 and S7.2 of this standard.
* * * * *
S4.2.7 Rear seating positions in trucks, and multipurpose passenger
vehicles manufactured on or after September 1, 2007 with a GVWR of
10,000 lbs. (4,536 kg) or less.
S4.2.7.1 Except as provided in S4.2.7.2, S4.2.7.3, and S4.2.7.4,
each truck and each multipurpose passenger vehicle, other than a motor
home, a walk-in van-type truck, or a vehicle designed to be sold
exclusively to the U.S. Postal Service with a GVWR of 10,000 lbs.
(4,536 kg) or less, or a vehicle carrying chassis-mount camper with a
gross vehicle weight rating of 8,500-10,000 lbs. (3,855-4,536 kg),
shall be equipped with a Type 2 seat belt assembly at every rear
designated seating position. Type 2 seat belt assemblies installed in
compliance with this requirement shall conform to Standard No. 209 (49
CFR 571.209) and with S7.1 and S7.2 of this standard. If a Type 2 seat
belt assembly installed in conformity to this requirement incorporates
any webbing tension-relieving device, the vehicle owner's manual shall
include the information specified in S7.4.2(b) of this standard for the
tension relieving device, and the vehicle shall conform to S7.4.2(c) of
this standard.
S4.2.7.2 Any rear designated seating position with a seat that can
be adjusted to be forward-facing and to face some other direction shall
either:
(a) Meet the requirements of S4.2.7.1 with the seat in any position
in which it can be occupied while the vehicle is in motion; or
(b) When the seat is in its forward-facing position, have a Type 2
seat belt assembly with an upper torso restraint that conforms to S7.1
and S7.2 of this standard and that adjusts by means of an emergency
locking retractor that conforms to Standard No. 209 (49 CFR 571.209),
which upper torso restraint may be detachable at the buckle, and, when
the seat is in any position in which it can be occupied while the
vehicle is in motion, have a Type 1 seat belt or the pelvic portion of
a Type 2 seat belt assembly that conforms to S7.1 and S7.2 of this
standard.
S4.2.7.3 Any rear designated seating position on a readily
removable seat (i.e., a seat designed to be easily removed and replaced
by means installed by the manufacturer for that purpose) shall meet the
requirements of S4.2.7.1 and may use an upper torso belt that detaches
at either its upper or lower anchorage point, but not both anchorage
points, to meet those requirements. The means for detaching the upper
torso belt may be operable by push button action.
S4.2.7.4 Any rear side-facing designated seating position shall
have a Type 1 seat belt assembly that conforms to S7.1 and S7.2 of this
standard.
* * * * *
S4.4.5 Buses with a GVWR of 10,000 lbs. (4,536 kg) or less
manufactured on or after September 1, 2007.
S4.4.5.1 Except as provided in S4.4.5.2, S4.4.5.3, and S4.4.5.4,
each bus with a gross vehicle weight rating of 10,000 lbs. (4,536 kg)
or less shall be equipped with a Type 2 seat belt assembly at the
driver's designated seating position and at the front and every rear
designated seating position. Type 2 seat belt assemblies installed in
compliance with this requirement shall conform to Standard No. 209 (49
CFR 571.209) and with S7.1 and S7.2 of this standard. If a Type 2 seat
belt assembly installed in compliance with this requirement
incorporates a webbing tension relieving device, the vehicle owner's
manual shall include the information specified in S7.3.1(b) of this
standard for the tension relieving device, and the vehicle shall
conform to S7.4.2(c) of this standard.
S4.4.5.2 Any rear designated seating position with a seat that can
be adjusted to be forward-facing and to face some other direction shall
either:
(a) Meet the requirements of S4.4.5.1 with the seat in any position
in which it can be occupied while the vehicle is in motion; or
(b) (1) When the seat is in its forward-facing position, have a
Type 2 seat belt assembly with an upper torso restraint that
(i) conforms to S7.1 and S7.2 of this standard,
(ii) adjusts by means of an emergency locking retractor conforming
to Standard No. 209 (49 CFR 571.209), and
(iii) may be detachable at the buckle, and
(2) When the seat is in any position in which it can be occupied
while the vehicle is in motion, have a Type 1 seat belt or the pelvic
portion of a Type 2 seat belt assembly that conforms to S7.1 and S7.2
of this standard.
S4.4.5.3 Any rear designated seating position on a readily
removable seat (that is, a seat designed to be easily removed and
replaced by means installed by the manufacturer for that purpose) shall
meet the requirements of S4.4.5.1 and may use an upper torso belt that
detaches at either its upper or lower anchorage point, but not both
anchorage points, to meet those requirements. The means for detaching
the upper torso belt may be operable by push button action.
S4.4.5.4 Any rear side-facing designated seating position shall
have a Type 1 seat belt assembly that conforms to S7.1 and S7.2 of this
standard.
* * * * *
S4.5.5 Rear seat belt requirements for passenger cars and for
trucks, buses, and multipurpose passenger vehicles with a GVWR of 4,536
kg (10,000 lbs.) or less.
S4.5.5.1 Vehicles manufactured on or after September 1, 2005 and
before September 1, 2007.
(a) For vehicles manufactured for sale in the United States on or
after September 1, 2005, and before September 1, 2007, a percentage of
the manufacturer's production as specified in S4.5.5.2, shall meet the
requirements specified in either S4.1.5.5 for complying passenger cars,
S4.2.7 for complying trucks and multipurpose passenger vehicles, or
S4.4.5 for complying buses.
(b) A manufacturer that sells two or fewer carlines, as that term
is defined at 49 CFR 583.4, in the United States may, at the option of
the manufacturer, meet the requirements of this paragraph,
[[Page 46555]]
instead of paragraph (a). Each vehicle manufactured on or after
September 1, 2006, and before September 1, 2007, shall meet the
requirements specified in S4.1.5.5 for complying passenger cars, S4.2.7
for complying trucks & multipurpose passenger vehicles, and S4.4.5 for
complying buses.
(c) Vehicles that are manufactured in two or more stages or that
are altered (within the meaning of 49 CFR 567.7) after having
previously been certified in accordance with Part 567 of this chapter
are not subject to the requirements of S4.5.5.1.
(d) Vehicles that are manufactured by a manufacturer that produces
fewer than 5,000 vehicles annually for sale in the United States are
not subject to the requirements of S4.5.5.1.
S4.5.5.2 Phase-in schedule.
(a) Vehicles manufactured on or after September 1, 2005, and before
September 1, 2006. Subject to S4.5.5.3(a), for vehicles manufactured on
or after September 1, 2005, and before September 1, 2006, the amount of
vehicles complying with S4.1.5.5 for complying passenger cars, S4.2.7.1
for complying trucks and multipurpose passenger vehicles, or S4.4.5.1
for complying buses shall be not less than 50 percent of:
(1) If the manufacturer has manufactured vehicles for sale in the
United States during both of the two production years immediately prior
to September 1, 2005, the manufacturer's average annual production of
vehicles manufactured on or after September 1, 2003, and before
September 1, 2006, or
(2) The manufacturer's production on or after September 1, 2005,
and before September 1, 2006.
(b) Vehicles manufactured on or after September 1, 2006, and before
September 1, 2007. Subject to S4.5.5.3(b), for vehicles manufactured on
or after September 1, 2006, and before September 1, 2007, the amount of
vehicles complying with S4.1.5.5 for complying passenger cars, S4.2.7.1
for complying trucks and multipurpose passenger vehicles, or S4.4.5.1
for complying buses shall be not less than 80 percent of:
(1) If the manufacturer has manufactured vehicles for sale in the
United States during both of the two production years immediately prior
to September 1, 2006, the manufacturer's average annual production of
vehicles manufactured on or after September 1, 2004, and before
September 1, 2007, or
(2) The manufacturer's production on or after September 1, 2006,
and before September 1, 2007.
S4.5.5.3 Calculation of complying vehicles.
(a) For the purposes of complying with S4.5.5.2(a), a manufacturer
may count a vehicle if it is manufactured on or after (date 60 days
after publication of Final Rule in the Federal Register), but before
September 1, 2006.
(b) For the purposes of complying with S4.5.5.2(b), a manufacturer
may count a vehicle if it:
(1) Is manufactured on or after (date 60 days after publication of
Final Rule in the Federal Register), but before September 1, 2007, and
(2) Is not counted toward compliance with S4.5.5.2(a).
S4.5.5.4 Vehicles produced by more than one manufacturer.
(a) For the purpose of calculating average annual production of
vehicles for each manufacturer and the number of vehicles manufactured
by each manufacturer under S4.5.5.2, a vehicle produced by more than
one manufacturer shall be attributed to a single manufacturer as
follows, subject to paragraph (b) of this section.
(1) A vehicle that is imported shall be attributed to the importer.
(2) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, shall be
attributed to the manufacturer that markets the vehicle.
(b) A vehicle produced by more than one manufacturer shall be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR Part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under paragraph (a) of this section.
5. Section 571.225 would be amended by revising S14.2.2 to read as
follows:
Sec. 571.225 Standard No. 225; Child restraint anchorage systems.
* * * * *
S14.2.2 A vehicle produced by more than one manufacturer must be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR Part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under S14.2.1.
* * * * *
6. The authority citation for part 585 of title 49 would continue
to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
7. Part 585 would be revised to read as follows:
PART 585--PHASE-IN REPORTING REQUIREMENTS
Subpart A--General
Sec.
585.1 Definitions.
585.2 Phase-in reports.
585.3 Vehicles produced by more than one manufacturer.
585.4 Petitions to extend period to file report.
Sec. 585.1 Definitions.
(a) All terms defined in 49 U.S.C. 30102 are used in accordance
with their statutory meaning.
(b) The terms bus, gross vehicle weight rating or GVWR,
multipurpose passenger vehicle, passenger car, and truck are used as
defined in section 571.3 of this chapter.
(c) Production year means the 12-month period between September 1
of one year and August 31 of the following year, inclusive, unless
otherwise specified.
Sec. 585.2 Phase-in reports.
Each report submitted to NHTSA under this part shall:
(a) Identify the manufacturer;
(b) State the full name, title, and address of the official
responsible for preparing the report;
(c) Identify the production year being reported on;
(d) Contain a statement regarding whether or not the manufacturer
complied with the requirements of the Federal motor vehicle safety
standard addressed by the report, for the period covered by the report,
and the basis for that statement;
(e) Be written in the English language; and
(f) Be submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
Sec. 585.3 Vehicles produced by more than one manufacturer.
Each manufacturer whose reporting of information is affected by one
or more of the express written contracts permitted by a Federal Motor
Vehicle Safety Standard subject to the reporting requirements of this
part shall:
(a) Report the existence of each contract, including the names of
all parties to the contract and explain how the contract affects the
report being submitted.
(b) Report the number of vehicles covered by each contract in each
production year.
[[Page 46556]]
Sec. 585.4 Petitions to extend period to file report.
A petition for extension of the time to submit a report required
under this part shall be received not later than 15 days before the
report is due. The petition shall be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street, SW,
Washington, DC 20590. The filing of a petition does not automatically
extend the time for filing a report. A petition will be granted only if
the petitioner shows good cause for the extension, and if the extension
is consistent with the public interest.
Subpart B--Advanced Air Bag Phase-in Reporting Requirements
Sec.
585.11 Scope.
585.12 Purpose.
585.13 Applicability.
585.14 Definitions.
585.15 Reporting requirements.
585.16 Records.
Sec. 585.11 Scope.
This subpart establishes requirements for manufacturers of
passenger cars and trucks, buses, and multipurpose passenger vehicles
with a GVWR of 3,855 kg or less and an unloaded vehicle weight of 2,495
kg or less to submit reports, and maintain records related to the
reports, concerning the number and identification of such vehicles that
are certified as complying with the advanced air bag requirements of
Standard No. 208, Occupant crash protection (49 CFR 571.208).
Sec. 585.12 Purpose.
The purpose of these reporting requirements is to aid the National
Highway Traffic Safety Administration in determining whether a
manufacturer has complied with the advanced air bag requirements of
Standard No. 208 during the phase-ins of those requirements.
Sec. 585.13 Applicability.
This subpart applies to manufacturers of passenger cars and trucks,
buses, and multipurpose passenger vehicles with a GVWR of 3,855 kg or
less and an unloaded vehicle weight of 2,495 kg or less. However, this
subpart does not apply to any manufacturers whose production consists
exclusively of walk-in vans, vehicles designed to be sold exclusively
to the U.S. Postal Service, vehicles manufactured in two or more
stages, and vehicles that are altered after previously having been
certified in accordance with part 567 of this chapter. In addition,
this subpart does not apply to manufacturers whose production of motor
vehicles for the United States market is less than 5,000 vehicles in a
production year.
Sec. 585.14 Definitions.
For the purposes of this subpart,
(a) Phase one of the advanced air bag requirements of Standard No.
208 refers to the requirements set forth in S14.1, S14.2, S14.5.1(a),
S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 of Federal Motor
Vehicle Safety Standard No. 208, 49 CFR 571.208.
(b) Phase two of the advanced air bag reporting requirements of
Standard No. 208 refers to the requirements set forth in S14.3, S14.4,
S14.5.1(b), S14.5.2, S15.1, S15.2, S17, S19, S21, S23, and S25 of
Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208.
(c) Vehicles means passenger cars and trucks, buses, and
multipurpose passenger vehicles with a GVWR of 3,855 kg or less and an
unloaded vehicle weight of 2,495 kg or less manufactured for sale in
the United States whose production of motor vehicles for sale in the
United States is equal to or greater than 5,000 vehicles in a
production year, and does not mean walk-in vans, vehicles designed to
be sold exclusively to the U.S. Postal Service, vehicles manufactured
in two or more stages, and vehicles that are altered after previously
having been certified in accordance with part 567 of this chapter.
Sec. 585.15 Reporting requirements.
(a) Advanced credit phase-in reporting requirements.
(1) Within 60 days after the end of production years ending August
31, 2000, August 31, 2001, August 31, 2002, and August 31, 2003, each
manufacturer choosing to certify vehicles manufactured during any of
those production years as complying with phase one of the advanced air
bag requirements of Standard No. 208 shall submit a report to the
National Highway Traffic Safety Administration providing the
information specified in paragraph (c) of this section and in Sec.
585.2 of this part.
(2) Within 60 days after the end of the production year ending
August 31, 2007, each manufacturer choosing to certify vehicles
manufactured during that production year as complying with phase two of
the advanced air bag requirements of Standard No. 208 shall submit a
report to the National Highway Traffic Safety Administration providing
the information specified in paragraph (c) of this section and in Sec.
585.2 of this part.
(b) Phase-in reporting requirements.
(1) Within 60 days after the end of the production years ending
August 31, 2004, August 31, 2005, and August 31, 2006, each
manufacturer shall submit a report to the National Highway Traffic
Safety Administration regarding its compliance with phase one of the
advanced air bag requirements of Standard No. 208 for its vehicles
produced in that production year. The report shall provide the
information specified in paragraph (d) of this section and in Sec.
585.2 of this part. Each report shall also specify the number of
advance credit vehicles, if any, which are being applied to the
production year being reported on.
(2) Within 60 days after the end of production years ending August
31, 2008, August 31, 2009, and August 31, 2010, each manufacturer shall
submit a report to the National Highway Traffic Safety Administration
regarding its compliance with phase two of the advanced air bag
requirements of Standard No. 208 for its vehicles produced in that
production year. The report shall provide the information specified in
paragraph (d) of this section and in Sec. 585.2 of this part. Each
report shall also specify the number of advance credit vehicles, if
any, which are being applied to the production year being reported on.
(c) Advanced credit phase-in report content.
(1) With respect to the reports identified in section 585.15(a)(1),
each manufacturer shall report for the production year for which the
report is filed the number of vehicles, by make and model year, that
meet the applicable advanced air bag requirements of Standard No. 208,
and to which advanced air bag requirements the vehicles are certified.
(2) With respect to the report identified in section 585.15(a)(2),
each manufacturer shall report the number of vehicles, by make and
model year, that meet the applicable advanced air bag requirements of
Standard No. 208, and to which the advanced air bag requirements the
vehicles are certified.
(d) Phase-in report content.
(1) Basis for phase-in production requirements. For production
years ending August 31, 2003, August 31, 2004, August 31, 2005, August
31, 2007, August 31, 2008, and August 31, 2009, each manufacturer shall
provide the number of vehicles manufactured in the current production
year, or, at the manufacturer's option, for the current production year
and each of the prior two production years if the manufacturer has
manufactured vehicles during both of the two production years prior to
the year for which the report is being submitted.
[[Page 46557]]
(2) Production of complying vehicles. Each manufacturer shall
report for the production year for which the report is filed the number
of vehicles, by make and model year, that meet the applicable advanced
air bag requirements of Standard No. 208, and to which advanced air bag
requirements the vehicles are certified.
Sec. 585.16 Records.
Each manufacturer shall maintain records of the Vehicle
Identification Number of each vehicle for which information is reported
under Sec. 585.15(c)(1) and (d)(2) until December 31, 2011.
Subpart C--Rear Center Lap/Shoulder Belt Phase-in Reporting
Requirements
Sec.
585.21 Scope.
585.22 Purpose.
585.23 Applicability.
585.24 Reporting requirements.
585.25 Records.
Sec. 585.21 Scope.
This subpart establishes requirements for manufacturers of
passenger cars and for trucks, buses, and multipurpose passenger
vehicles with a GVWR of 4,536 kg (10,000 lb) or less to submit reports,
and maintain records related to the reports, concerning the number and
identification of such vehicles that are certified as complying with
the Type 2 seat belt requirements for rear seating positions of
Standard No. 208, Occupant crash protection (49 CFR 571.208).
Sec. 585.22 Purpose.
The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with the Type 2 seat belt requirements for
rear seating positions of Standard No. 208.
Sec. 585.23 Applicability.
This subpart applies to manufacturers of passenger cars and trucks,
buses, and multipurpose passenger vehicles with a GVWR of 4,536 kg or
less. However, this subpart does not apply to any manufacturers whose
production consists exclusively of walk-in vans, vehicles designed to
be sold exclusively to the U.S. Postal Service, vehicles manufactured
in two or more stages, and vehicles that are altered after previously
having been certified in accordance with part 567 of this chapter. In
addition, this subpart does not apply to manufacturers whose worldwide
production of motor vehicles is less than 5,000 vehicles in a
production year.
Sec. 585.24 Reporting requirements.
(a) Advanced credit phase-in reporting requirements.
Within 60 days after the end of the production year ending August
31, 2004, each manufacturer choosing to certify vehicles manufactured
during that production year as complying with the Type 2 seat belt for
each rear designated seating position requirements of Standard No. 208
shall submit a report to the National Highway Traffic Safety
Administration providing the information specified in paragraph (c) of
this section and in Sec. 585.2 of this part.
(b) Phase-in reporting requirements.
Within 60 days after the end of the production years ending August
31, 2005, and August 31, 2006, each manufacturer shall submit a report
to the National Highway Traffic Safety Administration regarding its
compliance with the Type 2 seat belt for each rear designated seating
position requirements of Standard No. 208 for its vehicles produced in
that production year. The report shall provide the information
specified in paragraph (d) of this section and in Sec. 585.2 of this
part. Each report shall also specify the number of advance credit
vehicles, if any, which are being applied to the production year being
reported on.
(c) Advanced credit phase-in report content.
With respect to the reports identified in section 585.24(a), each
manufacturer shall report for the production year for which the report
is filed the number of vehicles, by make and model year, that meet the
applicable Type 2 seat belt for each rear designated seating position
requirements of Standard No. 208.
(d) Phase-in report content.
(1) Basis for phase-in production requirements. For production
years ending August 31, 2005, and August 31, 2006 each manufacturer
shall provide the number of vehicles manufactured in the current
production year, or, at the manufacturer's option, for the current
production year and each of the prior two production years if the
manufacturer has manufactured vehicles during each production year
prior to the year for which the report is being submitted.
(2) Production of complying vehicles. Each manufacturer shall
report for the production year for which the report is filed the number
of vehicles, by make and model year, that meet the applicable Type 2
seat belt for each rear designated seating position requirements of
Standard No. 208.
Sec. 585.25 Records.
Each manufacturer shall maintain records of the Vehicle
Identification Number of each vehicle for which information is reported
under Sec. 585.24(c) and (d)(2) until December 31, 2008.
Subpart D--Tire Pressure Monitoring System Phase-in Reporting
Requirements
Sec.
585.31 Scope.
585.32 Purpose.
585.33 Applicability.
585.34 Definitions.
585.35 Response to inquiries.
585.36 Reporting requirements.
585.37 Records.
Sec. 585.31 Scope.
This subpart establishes requirements for manufacturers of
passenger cars, multipurpose passenger vehicles, trucks and buses with
a GVWR of 4,536 kg or less, except those vehicles with dual wheels on
an axle, to submit a report, and maintain records related to the
report, concerning the number of such vehicles that meet the
requirements of Standard No. 138, Tire pressure monitoring systems (49
CFR 571.138).
Sec. 585.32 Purpose.
The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with Standard No. 138.
Sec. 585.33 Applicability.
This subpart applies to manufacturers of passenger cars,
multipurpose passenger vehicles, trucks and buses with a gross vehicle
weight rating of 4,536 kg or less, except those vehicles with dual
wheels on an axle. However, this subpart does not apply to any
manufacturers whose production consists exclusively of vehicles
manufactured in two or more stages, and vehicles that are altered after
previously having been certified in accordance with part 567 of this
chapter. In addition, this subpart does not apply to manufacturers
whose production of motor vehicles for the United States market is less
than 500 vehicles in a production year.
Sec. 585.34 Definitions.
For the purposes of this subpart, production year means the 12-
month period between November 1 of one year and October 31 of the
following year, inclusive.
Sec. 585.35 Response to inquiries.
At any time during the production years ending October 31, 2004,
October
[[Page 46558]]
31, 2005, October 1, 2006, each manufacturer must, upon request from
the Office of Vehicle Safety Compliance, provide information
identifying the vehicles (by make, model, and vehicle identification
number) that have been certified as complying with Standard No. 138.
The manufacturer's designation of a vehicle as a certified vehicle is
irrevocable.
Sec. 585.36 Reporting requirements.
(a) General reporting requirements. Within 60 days after the end of
the production years ending October 31, 2004, October 31, 2005, and
October 31, 2006, each manufacturer must submit a report to the
National Highway Traffic Safety Administration concerning its
compliance with Standard No. 138 (49 CFR 571.138) for passenger cars,
multipurpose passenger vehicles, trucks, and buses with a gross vehicle
weight rating of 4,536 kg or less produced in that year. The report
shall provide the information specified in paragraph (b) of this
section and in Sec. 585.2 of this part.
(b) Report content.
(1) Basis for statement of compliance. Each manufacturer must
provide the number of passenger cars, multipurpose passenger vehicles,
trucks, and buses with a GVWR of 4,536 kg or less, except those
vehicles with dual wheels on an axle, manufactured for sale in the
United States for each of the three previous production years, or, at
the manufacturer's option, for the current production year. A new
manufacturer that has not previously manufactured these vehicles for
sale in the United States shall report the number of such vehicles
manufactured during the current production year.
(2) Production. Each manufacturer must report for the production
year for which the report is filed: the number of passenger cars,
multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536
kg or less, that meet Standard No. 138; the number of passenger cars,
multi-purpose passenger vehicles, trucks, and buses with a GVWR of
4,536 kg or less that comply.
Sec. 585.37 Records.
Each manufacturer must maintain records of the Vehicle
Identification Number for each vehicle for which information is
reported under Sec. 585.36(b)(2) until December 31, 2008.
Subpart E--Child Restraint Anchorage System Phase-in Reporting
Requirements
Sec.
585.41 Scope.
585.42 Purpose.
585.43 Applicability.
585.44 Response to inquiries.
585.45 Reporting requirements.
585.46 Records.
Sec. 585.41 Scope.
This subpart established requirements for manufacturers of
passenger cars and of trucks and multipurpose passenger vehicles with a
GVWR of 3,855 kg or less, and of buses with a GVWR of 4,536 kg or less,
to submit a report, and maintain records related to the report,
concerning the number of such vehicles that meet the requirements of
Standard No. 225, Child restraint anchorage systems (49 CFR 571.225).
Sec. 585.42 Purpose.
The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with Standard No. 225.
Sec. 585.43 Applicability.
This subpart applies to manufacturers of passenger cars, and of
trucks and multipurpose passenger vehicles with a GVWR of 3,855 kg or
less, and of buses with a GVWR of 4,536 kg or less. However, this
subpart does not apply to vehicles excluded by S5 of Standard No. 225
from the requirements of the standard.
Sec. 585.44 Response to inquiries.
At any time during the production years ending August 31, 2000,
August 31, 2001, and August 31, 2002, each manufacturer shall, upon
request from the Office of Vehicle Safety Compliance, provide
information identifying the vehicles (by make, model and vehicle
identification number) that have been certified as complying with
Standard No. 225. The manufacturer's designation of a vehicle as a
certified vehicle is irrevocable.
Sec. 585.45 Reporting requirements.
(a) General reporting requirements. Within 60 days after the end of
the production years ending August 31, 2000, August 31, 2001, and
August 31, 2002, each manufacturer shall submit a report to the
National Highway Traffic Safety Administration concerning its
compliance with the child restraint anchorage system requirements of
Standard No. 225 for its passenger cars, trucks, buses, and
multipurpose passenger vehicles produced in that year. The report shall
provide the information specified in paragraph (b) of this section and
in Sec. 585.2 of this part.
(b) Report content.
(1) Basis for phase-in production goals. Each manufacturer shall
provide the number of passenger cars and trucks and multipurpose
passenger vehicles with a GVWR of 3,855 kg or less, and buses with a
GVWR of 4,536 kg or less manufactured for sale in the United States for
each of the three previous production years, or, at the manufacturer's
option, for the current production year. A new manufacturer that has
not previously manufactured these vehicles for sale in the United
States shall report the number of such vehicles manufactured during the
current production year.
(2) Production. Each manufacturer shall report for the production
year for which the report is filed: the number of passenger cars and
trucks and multipurpose passenger vehicles with a GVWR of 3,855 kg or
less, and buses with a GVWR of 4,536 kg or less, that meet Standard No.
225.
Sec. 585.46 Records.
Each manufacturer shall maintain records of the Vehicle
Identification Number for each vehicle for which information is
reported under Sec. 585.45(b)(2) until December 31, 2004.
Subpart F--Upper Interior Component Head Impact Protection Phase-in
Reporting Requirements
Sec.
585.51 Scope.
585.52 Purpose.
585.53 Applicability.
585.54 Response to inquiries.
585.55 Reporting requirements.
585.56 Records.
Sec. 585.51 Scope.
This subpart establishes requirements for manufacturers of
passenger cars and trucks and multipurpose passenger vehicles with a
GVWR of 4,536 kg and buses with a GVWR of 3,860 kg or less to respond
to NHTSA inquiries, to submit a report, and to maintain records related
to the report, concerning the number of such vehicles that meet the
upper interior component head impact protection requirements of
Standard No. 201, Occupant protection in interior impact (49 CFR
571.201).
Sec. 585.52 Purpose.
The purpose of these reporting requirements is to aid the National
Highway Traffic Safety Administration in determining whether a
manufacturer of passenger cars, trucks, and multipurpose vehicles with
a GVWR of 4,536 kg or less and buses with a GVWR of 3,860 kg or less
has complied with the upper interior component head impact protection
requirements of Standard No. 201.
[[Page 46559]]
Sec. 585.53 Applicability.
This subpart applies to manufacturers of passenger cars, trucks,
and multipurpose vehicles with a GVWR of 4,536 kg or less and buses
with a GVWR of 3,860 kg or less. However, this subpart does not apply
to any manufacturers whose production consists exclusively of walk-in
vans, vehicles designed to be sold exclusively to the U.S. Postal
Service, vehicles manufactured in two or more stages, and vehicles that
are altered after previously having been certified in accordance with
part 567 of this chapter.
Sec. 585.54 Response to inquiries.
During the production years ending August 31, 1999, August 31,
2000, August 31, 2001, and August 31, 2002, each manufacturer shall,
upon request from the Office of Vehicle Safety Compliance, provide
information regarding which vehicle make/models are certified as
complying with the requirements of S6 of Standard No. 201.
Sec. 585.55 Reporting requirements.
(a) Phase-in selection reporting requirements. Within 60 days after
the end of the production year ending August 31, 1999, each
manufacturer choosing to comply with one of the phase-in schedules
permitted by S6.1 of 49 CFR 571.201 shall submit a report to the
National Highway Traffic Safety Administration stating which phase-in
schedule it will comply with until September 1, 2002. Each report
shall--
(1) Identify the manufacturer;
(2) State the full name, title, and address of the official
responsible for preparing the report;
(3) Identify the section number for the phase-in schedule selected;
(4) Be written in the English language; and
(5) Be submitted to: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
(b) General reporting requirements.
Within 60 days after the end of the production years ending August
31, 1999, August 31, 2000, August 31, 2001, and August 31, 2002, each
manufacturer shall submit a report to the National Highway Traffic
Safety Administration concerning its compliance with the upper interior
component head impact protection requirements of Standard No. 201 for
its passenger cars, trucks, buses and multipurpose passenger vehicles
produced in that year. The report shall provide the information
specified in paragraph (c) of this section and in Sec. 585.2 of this
part.
(c) Report content.
(1) Basis for phase-in production goals. Each manufacturer shall
provide the number of passenger cars and trucks and multipurpose
passenger vehicles with a GVWR of 4,536 kg or less and buses with a
GVWR of 3,860 kg or less manufactured for sale in the United States for
each of the three previous production years, or, at the manufacturer's
option, for the current production year. A new manufacturer that has
not previously manufactured passenger cars and trucks and multipurpose
passenger vehicles with a GVWR of 4,536 kg or less and buses with a
GVWR of 3,860 kg or less for sale in the United States must report the
number of such vehicles manufactured during the current production
year. However, manufacturers are not required to report any information
with respect to those vehicles that are walk-in vans, vehicles designed
to be sold exclusively to the U.S. Postal Service, vehicles
manufactured in two or more stages, and vehicles that are altered after
previously having been certified in accordance with part 567 of this
chapter.
(2) Production. Each manufacturer shall report for the production
year for which the report is filed the number of passenger cars and
multipurpose passenger vehicles and trucks with a GVWR of 4,536 kg or
less and buses with a GVWR of 4,536 kg or less that meet the upper
interior component head impact protection requirements (S6) of Standard
No. 201.
Sec. 585.56 Records.
Each manufacturer shall maintain records of the Vehicle
Identification Number for each passenger car, multipurpose passenger
vehicle, truck and bus for which information is reported under Sec.
585.55(c)(2) until December 31, 2003.
PART 586--[REMOVED AND RESERVED]
8. Part 586 would be removed and the part would be reserved.
PART 589--[REMOVED AND RESERVED]
9. Part 589 would be removed and the part would be reserved.
PART 590--[REMOVED AND RESERVED]
10. Part 590 would be removed and the part would be reserved.
PART 596--[REMOVED AND RESERVED]
11. Part 596 would be removed and the part would be reserved.
Issued: July 31, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-20024 Filed 8-5-03; 8:45 am]
BILLING CODE 4910-59-P