[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34409-34411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11965]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2007-27662]


Federal Motor Vehicle Safety Standards; Electronic Stability 
Control Systems; Correction

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

ACTION: Correcting amendments.

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SUMMARY: In April 2007, the agency published a final rule establishing 
a new Federal motor vehicle safety standard on electronic stability 
control (ESC) systems for light vehicles. As part of that rulemaking, 
the final rule notice stated that NHTSA had decided to defer the 
standard's requirements related to the ESC telltales and controls until 
the end of the phase-in period (i.e., until September 1, 2011). 
Accordingly, most of the paragraphs containing ESC telltale and control 
requirements were prefaced with the phrase ``as of September 1, 2011.'' 
However, that phrase was inadvertently omitted from two of the 
paragraphs setting forth ESC telltale and control requirements. These 
amendments correct this administrative error by adding the phrase ``as 
of September 1, 2011'' to those paragraphs.

DATES: This rule is effective June 22, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Boyd, Office of Crash 
Avoidance

[[Page 34410]]

Standards, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-6346. 
Fax: (202) 366-7002.

SUPPLEMENTARY INFORMATION: Crash data studies of existing vehicles with 
electronic stability control demonstrate that such systems reduce 
single-vehicle crashes of passenger cars by 34 percent and single-
vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a 
much greater percentage reduction of rollover crashes. NHTSA estimates 
that ESC has the potential to prevent 71 percent of the passenger car 
rollovers and 84 percent of the SUV rollovers that would otherwise 
occur in single-vehicle crashes.
    On April 6, 2007, NHTSA published a final rule establishing a new 
Federal motor vehicle safety standard (FMVSS) No. 126, Electronic 
Stability Control Systems, that set forth requirements for ESC systems 
for new light vehicles (72 FR 17236).\1\ FMVSS No. 126 contains 
performance requirements that include both definitional and dynamic 
testing elements, in order to ensure that ESC systems can provide the 
level of yaw (directional) stability (with interventions to limit 
oversteer and understeer) associated with the high level of safety 
benefits observed in crash data studies of ESC-equipped vehicles, and 
it also contains requirements for a standardized set of ESC telltales 
and controls. Most of the ESC-equipped vehicles currently being 
manufactured can satisfy the new standard's requirements for yaw 
stability performance (i.e., the requirements which have the potential 
to prevent crashes), but none use the exact set of telltales and 
controls that the standard requires.
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    \1\ Docket No. NHTSA-2007-27662-1.
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    In order to provide the U.S. fleet with the substantial safety 
benefits of ESC as soon as possible, NHTSA decided to defer the 
standard's requirements related to the ESC telltales and controls until 
the end of the phase-in period. In addition, we note that the final 
rule also accelerated the phase-in schedule beyond the schedule 
proposed in the September 2006 notice of proposed rulemaking (NPRM).\2\ 
Specifically, the final rule for FMVSS No. 126 requires the following 
phase-in schedule for ESC: 55 percent of a vehicle manufacturer's light 
vehicles manufactured during the period from September 1, 2008 to 
August 31, 2009 would be required to comply with the standard; 75 
percent of those manufactured during the period from September 1, 2009 
to August 31, 2010; 95 percent of those manufactured during the period 
from September 1, 2010 to August 31, 2011, and all light vehicles 
thereafter. (This compares to the NPRM's proposal for a 30/60/90/all 
phase-in schedule over the same time periods.) The final rule also 
noted that some manufacturers will have to depend upon carry-forward 
credits for vehicles with complying ESC systems manufactured after June 
5, 2007 (the effective date of the final rule) in order to meet the 
accelerated phase-in schedule.
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    \2\ 71 FR 54712 (Sept. 18, 2006) (Docket No. NHTSA-2006-25801-
1).
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    Thus, given the agency's intention to encourage rapid installation 
of this life-saving technology, we chose to defer the requirements of 
the standard regarding telltales and displays. Although the agency 
perceived certain advantages with standardizing the presentation of ESC 
controls and displays, it was not practicable to implement those 
changes in keeping with the accelerated phase-in schedule, which we 
expected to produce tangible safety benefits. Accordingly, we decided 
to preface paragraphs S5.3.1, S5.3.2, S5.3.4, S5.4.2, S5.5.2, S5.5.3, 
and S5.5.6 of Standard No. 126 with the phrase ``as of September 1, 
2011.'' However, that phrase was inadvertently omitted from paragraphs 
S5.3.3 and S5.4.3, two other provisions (discussed below) containing 
ESC control and display requirements.
    Paragraph S5.3.3 has the effect of requiring separate telltales for 
ESC malfunction warning and for the warning that ESC has been turned 
off. The standard also established separate symbols for the two 
conditions. However, this is not how most current vehicles equipped 
with ESC are manufactured. Typically, such vehicles today utilize the 
same telltale to present messages for both ESC malfunction and ESC Off. 
The inadvertent omission of ``as of September 1, 2011'' from this 
paragraph imperils the chances of most manufacturers to comply with the 
phase-in schedule and, concomitantly, with the agency's safety 
objectives manifest in the ESC standard.
    Paragraph S5.4.3 deals with controls such as that which puts a 
four-wheel-drive vehicle into the off-road mode by locking the 
differentials and transfer case. When the differentials are locked, ESC 
cannot function, and the differential locking control automatically 
disables ESC to avoid damaging the vehicle. Paragraph S5.4.3 requires 
the ``ESC-Off'' telltale to be illuminated in this circumstance. 
However, vehicles in current production do not have this function, and 
the carry-forward and phase-in credits for four-wheel-drive vehicles 
with off-road modes are imperiled by the inadvertent omission of the 
phrase ``as of September 1, 2011'' at the end of the section.
    Accordingly, this notice corrects the inadvertent omissions of the 
phrase ``as of September 1, 2011'' in paragraphs S5.3.3 and S5.4.3 
resulting from administrative error.
    This amendment is a technical one, and it does not impose or relax 
any substantive requirements or burdens on manufacturers. Therefore, 
NHTSA finds for good cause that any notice and opportunity for comment 
on these correcting amendments are not necessary.

List of Subjects in 49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements, 
Tires.


0
Accordingly, 49 CFR part 571 is corrected by making the following 
correcting amendments:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.


0
2. Paragraphs S5.3.3 and S5.4.3 of Sec.  571.126 are revised to read as 
follows:


Sec.  571.126  Standard No. 126; Electronic stability control systems.

* * * * *
S5.3 ESC Malfunction * * *
* * * * *
    S5.3.3 As of September 1, 2011, except as provided in paragraph 
S5.3.4, the ESC malfunction telltale must illuminate only when a 
malfunction(s) exists and must remain continuously illuminated under 
the conditions specified in S5.3 for as long as the malfunction(s) 
exists, whenever the ignition locking system is in the ``On'' (``Run'') 
position; and
* * * * *
S5.4 ESC Off and Other System Controls * * *
* * * * *
    S5.4.3 A control for another system that has the ancillary effect 
of placing the ESC system in a mode in which it no longer satisfies the 
performance requirements of S5.2.1, S5.2.2, and S5.2.3 need not be 
identified by the ``ESC Off'' identifiers in Table 1 of Standard No. 
101 (49 CFR 571.101), but the ESC status must be identified by the 
``ESC Off'' telltale in accordance with S5.5, as of September 1, 2011.
* * * * *


[[Page 34411]]


    Issued: June 15, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E7-11965 Filed 6-21-07; 8:45 am]
BILLING CODE 4910-59-P