Federal Register, Volume 72 Issue 192 (Thursday, October 4, 2007)

[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Proposed Rules]
[Pages 56713-56717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19365]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2007-29272]
RIN 2127-AK04

Federal Motor Vehicle Safety Standards; Controls, Telltales and
Indicators

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: In an August 2005 final rule, we updated our standard
regulating motor vehicle controls, telltales and indicators. The
standard specifies requirements for the location, identification, and
illumination of these items.

[[Page 56714]]

In May 2006, we published a response to four petitions for
reconsideration, including one asking us to reconsider a requirement
for color contrast between identifiers and their backgrounds. We denied
this petition for reconsideration.
We received another petition for reconsideration from the Alliance
of Automobile Manufacturers (the Alliance) of the color contrast
requirement, specifically for the horn control identifier. In this
document, we grant the Alliance's petition in part. We propose to amend
the standard to provide that an identifier is not required if the horn
control is placed in the middle of the steering wheel. If the horn
control is placed elsewhere in the motor vehicle, the control would be
required to be identified by the specified horn symbol in a color that
stands out clearly against the background.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than December 3, 2007.

ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: Docket Operations, M-30, West
Building, Ground Floor, Rm. W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Eastern Time, Monday through
Friday, except Federal Holidays.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Comments heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Eastern Time, Monday through
Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues you may call Ms.
Gayle Dalrymple, Office of Crash Avoidance Standards at (202) 366-5559.
Her FAX number is (202) 366-7002. For legal issues, you may call Ms.
Dorothy Nakama, Office of the Chief Counsel at (202) 366-2992. Her FAX
number is (202) 366-3820. You may send mail to both of these officials
at National Highway Traffic Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

NHTSA issued Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays, in 1967 (32 FR 2408) as one of the initial
FMVSSs. The standard applies to passenger cars, multipurpose passenger
vehicles (MPVs), trucks, and buses. The purpose of FMVSS No. 101 is to
assure the accessibility and visibility of motor vehicle controls and
displays under daylight and nighttime conditions, in order to reduce
the safety hazards caused by the diversion of the driver's attention
from the driving task, and by mistakes in selecting controls.
At present, FMVSS No. 101 specifies requirements for the location
(S5.1), identification (S5.2), and illumination (S5.3) of various
controls and displays. It specifies that those controls and displays
must be accessible and visible to a driver properly seated wearing his
or her safety belt. Table 1, ``Controls, Telltales and Indicators with
Illumination or Color Requirements,'' and Table 2, ``Identifiers for
Controls, Telltales and Indicators with No Color or Illumination
Requirements,'' indicate which controls and displays are subject to the
identification requirements, and how they are to be identified,
colored, and illuminated.

A. August 2005 Final Rule

In a final rule published in the Federal Register (70 FR 48295) on
August 17, 2005, NHTSA amended FMVSS No. 101 by extending the
standard's telltale and indicator requirements to vehicles of Gross
Vehicle Weight Rating (GVWR) 4,536 kilograms (10,000 pounds) and over,
updating the standard's requirements for multi-function controls and
multi-task displays to make the requirements appropriate for advanced
systems, and reorganizing the standard to make it easier to read. Table
1 and Table 2 continue to include only those symbols and words
previously specified in the controls and displays standard or in
another applicable FMVSS.
The final rule specified an effective date of February 13, 2006 for
requirements applicable to passenger cars, multipurpose passenger
vehicles, trucks and buses under 4,536 kg GVWR (10,000 pounds).\1\
---------------------------------------------------------------------------

\1\ The effective date was subsequently extended to September 1,
2006 (71 FR 3786, January 24, 2006).
---------------------------------------------------------------------------

II. May 2006 Final Rule; Response to Petitions for Reconsideration

NHTSA received petitions for reconsideration of the August 17, 2005
final rule, from the Truck Manufacturers Association (TMA), the
Association of International Automobile Manufacturers (AIAM) and the
Alliance. In the August 17, 2005 final rule, the requirement that the
identifier for each telltale must be in a color that stands out clearly
against the background was extended to identifiers for controls and
indicators (see S5.4.3). The Alliance asked for reconsideration of this
requirement, stating that not all identifiers are in a color that
stands out clearly against the background. The Alliance further stated
that it is not needed, citing as an example the horn identifier.
Most vehicle models use the horn symbol as the identifier, which is
molded into the air bag cover, without a color ``that stands out
clearly against the background'' filled in. The Alliance commented
that: ``The symbol is the same color as the background, but it can
still be recognized because the embossment stands out against the
background.'' The Alliance petitioned for the regulatory text at S5.4.3
to be changed to: ``The identification required by Table 1 or Table 2
for a telltale, control or indicator shall contrast with the
background.''
In the May 15, 2006 final rule, response to petitions for
reconsideration (71 FR 27964), we noted that over the years, the agency
had received numerous complaints regarding the inability to locate the
horn control. NHTSA's Office of Defects Investigation's ARTEMIS
database has recorded 120 complaints in the past ten years from
consumers reporting trouble locating the horn control. Of these 120
complaints, consumers reported 12 crashes, nine near misses, and an
allegation of a fatality. In the response, NHTSA explained that filling
in the horn symbol with a color ``that stands out clearly against the
background'' would make the horn control more visible and would help
drivers to find the control more readily. For these

[[Page 56715]]

reasons, we denied this part of the Alliance's petition.
To minimize costs on industry resulting from this requirement,
NHTSA delayed the compliance date to meet S5.4.3 for five years, to
September 1, 2011 to ``allow manufacturers to implement the necessary
changes on most products during the planned product changes in normal
product development cycles.''

III. Petition for Reconsideration of the Color Contrast Requirement

In a submission dated June 29, 2006, the Alliance petitioned for a
reconsideration of the color contrast requirement for the horn symbol.
This was the only issue raised in the petition. Again, the Alliance
petitioned for the regulatory text at S5.4.3 to be changed to: ``The
identification required by Table 1 or Table 2 for a telltale, control
or indicator shall contrast with the background.'' In support of its
petition, the Alliance stated that:
NHTSA denied the Alliance's previous petition based on a
previously undisclosed analysis of complaints;
``[I]t is unclear and cannot be evaluated whether the
complaints referred to by NHTSA were related to actual horn symbol
identification,''
The complaint information should be submitted to the DOT
Docket;
``[S]ignificant cost and investment will still be required
across the industry,'' to accomplish color contrast of the horn symbol
on the background of the steering wheel, despite the fact that the
Alliance agrees that the lead time afforded by the May 2006 final rule
is adequate ``for compliance with this section in order to minimize the
associated financial impact * * *'';
A ``significant concern'' is the ``compatibility of
materials that may be used to assure long term symbol identification
durability and contrast * * *'' and that this new combination of
materials may ``adversely affect airbag cover performance, requiring
further engineering development. Environmental and manufacturing issues
related to providing horn symbol contrast cannot be assessed until the
materials and processes are defined'' and;
The UN working group considering a GTR \2\ on controls and
displays is the appropriate forum to understand and discuss horn
identification problems.
---------------------------------------------------------------------------

\2\ The United States participates in the United Nations/
Economic Commission for Europe World Forum for Harmonization of
Vehicle Regulations (also known as Working Party 29 or WP.29) under
a 1990 agreement known as the 1998 Global Agreement. The 1998 Global
Agreement provides for the establishment of global technical
regulations (GTRs) regarding, among other things, the safety of
motorized wheeled vehicles, equipment and parts. The Agreement
contains procedures for establishing GTRs by either harmonizing
existing regulations or developing new ones.
---------------------------------------------------------------------------

Furthermore, on October 17, 2006, the Alliance presented a data
analysis to NHSTA staff of complaints regarding horn control
identification on various member companies' vehicles. (The presentation
has been placed in The DOT Docket at NHTSA-2006-23651.) The analysis
revealed that as manufacturers have adopted membrane switches in the
center of the steering wheel to activate the horn, consumer complaints
about horn identification have decreased substantially.

IV. Grant of Petition for Reconsideration and Notice of Proposed
Rulemaking

NHTSA has been persuaded by the Alliance's petition and
accompanying data, and grants its petition for reconsideration
regarding S5.4.3. We believe the Alliance's analysis provided on
October 17, 2006 has merit. Driver confusion as to the location of the
horn control has decreased as the horn control is returned where
drivers intuitively expect to find it to the center of the steering
wheel hub on more vehicles. If the horn control is located where most
drivers expect it, the agency believes there is little safety benefit
from the presence of the horn identifier. In fact, requiring the
identifier on or adjacent to the control, may contribute to driver
confusion as manufacturers opt to place the identifier adjacent to the
control, rather than too close to the large, multi-colored, company
logo displayed on many vehicles at the center of the wheel.
At present, S5. Requirements of FMVSS No. 101 states: ``Each
passenger car, multipurpose passenger vehicle, truck and bus that is
fitted with a control, a telltale or an indicator listed in Table 1 or
Table 2 must meet the requirements of this standard for the location,
identification, color, and illumination of the control, telltale, or
indicator.'' The horn control indicator is specified in Table 2. So
that horn controls that are in the middle of the steering wheel would
not have to meet S5., in this NPRM, we propose to amend S5.4.3 of FMVSS
No. 101 to read:

Each identifier used for the identification of a telltale,
control or indicator must be in a color that stands out clearly
against the background. However, no identifier is required for a
horn control activated by the driver pressing on the center of the
face plane of the steering wheel. For vehicles with a GVWR of under
4,536 kg (10,000 pounds), the compliance date for this provision is
September 1, 2011.

The word ``symbol'' is proposed to be changed to ``identifier'' to
more accurately include words and abbreviations as identifiers which
are required to contrast with their backgrounds, as was done in the
previous final rules to other sections of the standard. This was
pointed out by the Alliance in its current petition.
We are not proposing the Alliance's suggested language (``The
identification required by Table 1 or Table 2 for a telltale, control
or indicator shall contrast with the background.'') because we believe
it is too broad. It would allow non-contrasting identifiers for
telltales, indicators and controls whenever they appear in the vehicle
(such as the instrument panel).
At present, S5.2.1 states in part: ``* * * No identification is
required for any horn (i.e. audible warning signal) that is activated
by a lanyard or for a turn signal * * *'' To make S5.2.1 consistent
with the changes to S5.4.3, in this NPRM, we are proposing to revise
the fourth sentence in S5.2.1 to state in part: ``* * * No
identification is required for any horn (i.e., audible warning signal)
that is activated by a lanyard or by the driver pressing on the center
of the face plane of the steering wheel * * *''.

V. Proposed Leadtime

We propose for vehicles under 10,000 pounds that the compliance
date for S5.4.3 would continue to be September 1, 2011. The compliance
date for the extension of the standard's control, indicator, and
telltale requirements to vehicles with at GVWR of 4, 536 kg (10,000
pounds) or greater would continue to be September 1, 2013. If this NPRM
is made final, optional early compliance would be permitted as of the
date the final rule is published.

VI. Public Comments

How Do I Prepare and Submit Comments?

Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Please submit two copies of your comments, including any
attachments, to Docket Management at the address given above under
ADDRESSES.
Comments may also be submitted to the docket electronically by
logging onto the Dockets Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting
comments.

[[Page 56716]]

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. Each electronic filer will
receive electronic confirmation that his or her submission has been
received.

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 delineating that information, as specified in our confidential
business information regulation. (See 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 rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.

How Can I Read 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 review filed public comments on the Internet. To read
the comments on the Internet, go to http://www.regulations.gov. Follow
the online instructions for accessing the dockets.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Furthermore, some people may submit late comments.
Accordingly, we recommend that you periodically check the Docket for
new material.

VII. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations or recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
We have considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking document was not reviewed by
the Office of Management and Budget under E.O. 12866, ``Regulatory
Planning and Review.'' The rulemaking action is also not considered to
be significant under the Department's Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979).
For the following reasons, NHTSA tentatively concludes that if made
final, this proposed rule will not have any quantifiable cost effect on
motor vehicle manufacturers. The proposed rule would not impose any new
requirements but would instead relieve a restriction. In this document,
NHTSA proposes to exclude horn controls activated by the driver
pressing on the center of the face plane of the steering wheel from the
standard's requirement that an identifier be provided. We believe that
if this proposal is made final, there will be no measurable effect on
safety. As discussed above, driver confusion as to the location of the
horn control decreases as the horn control returns to the center of the
steering wheel hub where drivers intuitively expect to find it. If the
horn control is located where drivers expect it, there is little safety
benefit from the presence of the horn identifier.
Because the economic effects of this proposal are so minimal, no
further regulatory evaluation is necessary.

B. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR Part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR Sec. 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities.
I have considered the effects of this rulemaking action under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and certify that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. The proposed rule would not
impose any new requirements but would instead relieve a restriction.
For these reasons, and for the reasons described in our discussion
on Executive Order 12866 and DOT Regulatory Policies and Procedures,
NHTSA concludes that this proposed rule will not have a significant
economic impact on a substantial number of small entities.

C. National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.

[[Page 56717]]

D. Executive Order 13132 (Federalism)

NHTSA has analyzed this proposed rule in accordance with the
principles and criteria set forth in Executive Order 13132, Federalism
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. If made
final, this proposed rule will not have any substantial impact on the
States, or on the current Federal-State relationship, or on the current
distribution of power and responsibilities among the various local
officials.

E. Executive Order 12988 (Civil Justice Reform)

This proposal would not have any retroactive effect. Under 49
U.S.C. 21403, 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. 21461 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.

F. 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 Office of Management and Budget (OMB)
control number. This proposed rule does not require any collections of
information, or recordkeeping or retention requirements as defined by
the OMB in 5 CFR Part 1320.

G. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
After conducting a search of available sources, we have determined
that there is no applicable voluntary consensus standard for this
proposed rule.

H. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal 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 in any one year (adjusted for inflation with base
year of 1995). Before promulgating a rule for which a written statement
is needed, section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows NHTSA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
agency publishes with the final rule an explanation why that
alternative was not adopted.
If made final, this proposed rule will not result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector of more than $100 million annually.
Accordingly, this rule is not subject to the requirements of sections
202 and 205 of the UMRA.

I. 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.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, and Tires.
In consideration of the foregoing, it is proposed that 49 CFR part
571 be amended as set forth below:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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.

2. Amend Sec. 571.101 by revising the last sentence in S5.2.1, and
by revising S5.4.3, to read as follows:

Sec. 571.101 Standard No. 101, Controls, telltales, and indicators.

* * * * *
S5.2.1 * * * No identification is required for any horn (i.e.,
audible warning signal) that is activated by a lanyard or by the driver
pressing on the center of the face plane of the steering wheel, or for
a turn signal control that is operated in a plane essentially parallel
to the face plane of the steering wheel in its normal driving position
and which is located on the left side of the steering column so that it
is the control on that side of the column nearest to the steering wheel
face plane.
* * * * *
S5.4.3 Each identifier used for the identification of a telltale,
control or indicator must be in a color that stands out clearly against
the background. However, no identifier is required for a horn control
activated by the driver pressing on the center of the face plane of the
steering wheel. For vehicles with a GVWR of under 4,536 kg (10,000
pounds), the compliance date for this provision is September 1, 2011.
* * * * *

Issued on: September 21, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-19365 Filed 10-3-07; 8:45 am]
BILLING CODE 4910-59-P