Federal Motor Vehicle Safety Standards; Steering Control Rearward Displacement, 14673-14675 [06-2836]
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Proposed Rules
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.1206 is amended by
revising the first sentence of paragraph
(a)(1)(ii)(B)(1) and adding paragraph
(a)(1)(ii)(B)(3) to read as follows:
§ 63.1206 When and how must you comply
with the standards and operating
requirements?
(a) * * *
(1) * * *
(ii) * * *
(B) * * * (1) If you commenced
construction or reconstruction of your
hazardous waste combustor after April
20, 2004, you must comply with the
new source emission standards under
§§ 63.1219, 63.1220, and 63.1221 and
the other requirements of this subpart
by the later of October 12, 2005 or the
date the source starts operations, except
as provided by paragraphs (a)(1)(ii)(B)(2)
through (3) of this section. * * *
*
*
*
*
*
(3) If you commenced construction or
reconstruction of a cement kiln after
April 20, 2004, you must comply with
the new source emission standard for
particulate matter under
§ 63.1220(b)(7)(i) by the later of [DATE
OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] or the
date the source starts operations.
*
*
*
*
*
3. Section 63.1217 is amended by
revising paragraph (b)(7) to read as
follows:
(7) * * *
(i) Emissions in excess of 15.8 mg/
dscm (0.0069 gr/dscf) corrected to 7
percent oxygen; and
*
*
*
*
*
[FR Doc. 06–2703 Filed 3–22–06; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
[FMR Case 2005–102–5]
RIN 3090–AI14
Federal Management Regulation;
Transportation Payment and Audit—
Use of SF 1113, Public Voucher for
Transportation Charges; Correction
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Proposed rule; correction.
AGENCY:
*
*
*
*
*
(b) * * *
(7) For particulate matter, except for
an area source as defined under § 63.2
or as provided by paragraph (e) of this
section, emissions in excess of 20 mg/
dscm (0.0088 gr/dscf) corrected to 7
percent oxygen.
*
*
*
*
*
4. Section 63.1219 is amended by
revising paragraph (b)(7) to read as
follows:
Corrections
§ 63.1219 What are the replacement
standards for hazardous waste
incinerators?
rmajette on PROD1PC67 with PROPOSALS
§ 63.1217 What are the standards for liquid
fuel boilers that burn hazardous waste?
§ 102–118.130 Must my agency use a GBL
for express, courier, or small package
shipments?
§ 63.1220 What are the replacement
standards for hazardous waste burning
cement kilns?
(b) * * *
VerDate Aug<31>2005
14:45 Mar 22, 2006
Jkt 208001
The transportation service provider
(TSP) must submit a bill of lading or an
original properly certified International
Government bill of lading (GBL). The
TSP must submit this package and all
supporting documents to the agency
paying office.
SUMMARY:
In the proposed rule document
appearing at 71 FR 13063, March 14,
2006—
1. On page 13064, under the heading
A. Background, second column, first
paragraph, the third line is corrected by
adding ‘‘and payment’’ after the word
‘‘billing’’.
2. On page 13064, third column,
§ 102–118.130 is corrected to read as
follows:
No, however, all shipments must be
subject to the terms and conditions set
forth in the bill of lading. Any other
contracts or agreements between the
transportation service provider (TSP)
and your agency for transportation
services remain binding. When you use
GSA’s schedule for small package
express delivery, the terms and
conditions of that contract are binding.
3. On page 13064, third column,
§ 102–118.195 is corrected to read as
follows:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
[Corrected]
4. On page 13064, in the third
column, § 102–118.560 is corrected in
the fourth line by removing ‘‘manner’’
and adding ‘‘format’’ in its place.
The General Services
Administration is issuing corrections to
the proposed rule issued as FMR Case
2005–102–5, Transportation Payment
and Audit—Use of SF 1113, Public
Voucher for Transportation Charges.
EFFECTIVE DATE: March 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Laurieann Duarte at (202) 208–7312,
General Services Administration,
Regulatory Secretariat, Washington, DC
20405.
(b) * * *
(7) Except as provided by paragraph
(e) of this section, particulate emissions
in excess of 3.7 mg/dscm (0.0016 gr/
dscf) corrected to 7 percent oxygen.
*
*
*
*
*
5. Section 63.1220 is amended by
revising paragraph (b)(7)(i) to read as
follows:
§ 102–118.195 What documents must a
transportation service provider (TSP) send
to receive payment for a transportation
billing?
§ 102–118.560
41 CFR Part 102–118
14673
Dated: March 17, 2006.
Laurieann Duarte,
Supervisor, Regulatory Secretariat, General
Services Administration.
[FR Doc. E6–4189 Filed 3–22–06; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[U.S. DOT Docket Number NHTSA–2005–
22655]
Federal Motor Vehicle Safety
Standards; Steering Control Rearward
Displacement
National Highway Traffic
Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Denial of petition for
rulemaking.
AGENCY:
SUMMARY: On July 28, 2004, NHTSA
received a petition for rulemaking from
Honda Motor Company Ltd. requesting
that the agency amend the applicability
of Federal Motor Vehicle Safety
Standard (FMVSS) No. 204, ‘‘Steering
control rearward displacement.’’
Specifically, it petitioned to exempt
vehicles that already comply with the
unbelted frontal barrier crash
requirements of FMVSS No. 208,
‘‘Occupant crash protection.’’ This
notice denies this petition for
rulemaking.
For
non-legal issues: Christopher Wiacek,
Office of Crashworthiness Standards,
NVS–112, National Highway Traffic
Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590.
Telephone: (202) 366–4801. Fax: (202)
493–2290.
For legal issues: Christopher Calamita,
Office of Chief Counsel, NCC–112,
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\23MRP1.SGM
23MRP1
14674
Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Proposed Rules
rmajette on PROD1PC67 with PROPOSALS
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590. Telephone:
(202) 366–2992. Fax: (202) 366–3820.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of FMVSS No. 204 is to
reduce driver injuries and fatalities by
limiting the rearward motion of the
steering column in frontal crashes.
FMVSS No. 204 requires that the upper
end of the steering column and shaft in
the vehicle shall not be displaced more
than 127 mm in a horizontal rearward
direction parallel to the longitudinal
axis of the vehicle after a 48 km/h
perpendicular impact into a fixed
collision barrier. The standard applies
to passenger cars and trucks, buses or
multipurpose vehicles with a gross
vehicle weight rating of 4,536 kg or less
and an unloaded vehicle weight of 2,495
kg or less.
On July 20, 1987, Mitsubishi Motors
America Inc., submitted a petition for
rulemaking requesting that the agency
amend FMVSS No. 204 to exclude
vehicles that comply with the frontal
barrier crash test requirements of
FMVSS No. 208, ‘‘Occupant crash
protection,’’ by means other than safety
belts. The petition stated that FMVSS
No. 204 is directed at reducing the
likelihood of chest, neck and head
injuries, which the petitioner said
unnecessarily duplicates the protection
provided by air bags. In response,
NHTSA denied the petition on January
13, 1988 (53 FR 780), stating, ‘‘The
agency does not agree that the
protection provided by Standard No.
204 is unnecessary for vehicles
equipped with air bags. The standard
essentially requires hardware to
disconnect steering gear movement from
the steering column under crash
conditions. NHTSA further believes
that, in the absence of Standard No. 204,
it is possible for a steering assembly to
displace more than five inches in a
situation where the injury criteria of
Standard No. 208 were met. Thus,
although the driver’s impact with the
assembly fell within the injury criteria
of the latter standard, the rearward
motion of the assembly might entrap the
driver or make escape from the vehicle
more difficult.’’ Consequently, no
amendment to the standard was made.
Several years later, NHTSA had
undertaken a review of its regulations
and directives pursuant to the March 4,
1995, Regulatory Reinvention Initiative
by the President. During the course of
the review, the agency identified several
regulations that were potential
candidates for rescission or amendment.
One of these regulations was FMVSS
VerDate Aug<31>2005
14:45 Mar 22, 2006
Jkt 208001
No. 204. On November 16, 1995, the
agency issued a notice of proposed
rulemaking (NPRM) (60 FR 221) to
exclude certain vehicles from the
application of the standard, such as
passenger cars and other light vehicles
that complied with the frontal barrier
crash test requirements S5.1 of FMVSS
No. 208. The agency stated, the
engineering considerations that go into
designing a vehicle with air bags would
ensure that the vehicle would have the
same performance for steering control
rearward displacement as is currently
required by the regulation.
In response to the NPRM, the agency
received six comments. Four of the
commenters, the Insurance Institute for
Highway Safety (IIHS), Mitsubishi
Motors of America, Volkswagen and the
American Automobile Manufacturers
Association (AAMA), concurred with
the proposed exemptions. The IIHS
stated that the current dynamic test in
FMVSS No. 208 with an unbelted
dummy is more than sufficient to limit
excessive steering control rearward
displacement. Mitsubishi supported the
exemptions based upon the reasons
cited in its July 20, 1987 petition.
Volkswagen stated it would reduce
testing burden and vehicle cost. The
AAMA concurred with the exemptions
by stating that for an air bag-equipped
vehicle, the steering column location
must remain relatively stable during a
FMVSS No. 208 barrier test to
consistently meet the test requirements.
Two commenters, the Advocates for
Highway and Auto Safety (Advocates)
and LAS–KDS, Inc. opposed the
exemptions. The Advocates stated
without the standard, the steering
column would move rearward, even
closer to the driver, prior to air bag
deployment. If this occurred, there
would be a very forceful impact of the
air bag on the driver because the driver
would be closer to the steering wheel.
LAS–KDS, Inc. agreed that vehicles will
continue to meet the requirements of
FMVSS No. 208, but said that in more
severe crashes the exclusion from the
FMVSS No. 204 requirements will
remove an important safety margin and
reintroduce the hazard or injuries
associated with the ‘‘spear-like’’
qualities from the rearward travel of the
steering column.
On July 20, 1998, NHTSA terminated
rulemaking on FMVSS No. 204 (63 FR
38799) since the agency temporarily
allowed manufacturers to certify
vehicles to the occupant protection
standard based upon an unbelted sled
test and a belted barrier test. The
capability of the steering column to
provide a stable platform for the air bag
was not tested in a FMVSS No. 208 sled
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
test option for unbelted occupants since
no structural deformation of the vehicle
structure occurred.
On May 12, 2000, NHTSA amended
FMVSS No. 208 to require that future air
bags be designed to create less risk of
serious air bag induced injuries,
particularly for small women and young
children; and provide improved frontal
crash protection for all occupants, by
means that include advanced air bag
technology (65 FR 30680; advanced air
bag rule). To achieve these goals, it
added a variety of new test
requirements, test procedures and injury
criteria, using an assortment of new
dummies. Among the requirements, it
replaced both the unbelted sled test
option and the original 0–48 km/h
unbelted barrier crash test option with
a single 32–40 km/h unbelted barrier
crash test for assessing the protection of
unbelted occupants. This amendment to
the standard will be fully effective
September 1, 2006.
II. The Petition
On July 28, 2004, Honda Motor
Company Ltd. (Honda) submitted a
petition for rulemaking requesting that
NHTSA amend the applicability of
FMVSS No. 204 to include the words
‘‘However, it does not apply to vehicles
that conform to the frontal barrier crash
requirements of (S5.1) of Standard No.
208 (49 CFR 571.208) by means of other
than seat belt assemblies.’’ The
petitioner stated that after September 1,
2006, the advanced air bag requirements
of FMVSS No. 208 would be applicable
to all light vehicles. After that date, the
unbelted sled test option will not be
allowed and frontal barrier crash tests
with restrained and unrestrained
dummies will be required. Honda
believes that the FMVSS No. 208 injury
criteria could be used as a measure for
excessive contact or movement of the
steering controls, which are consistent
with FMVSS No. 204. Honda stated that
the proposed amendment would
eliminate redundancy between FMVSS
Nos. 204 and 208.
III. Analysis of Petition
In support of its petition, Honda
relied on the fact that the agency
published a NPRM in 1995 proposing to
exclude certain vehicles from
complying with FMVSS No. 204. It
suggested that circumstances now
warrant NHTSA’s re-examination of the
necessity of FMVSS No. 204 as it relates
to the advanced air bag requirements.
However, NHTSA disagrees with the
petitioner’s rationale for two reasons.
First, FMVSS No. 208 no longer requires
a 0–48 km/h unbelted barrier crash test,
as it had in 1995. The advanced air bag
E:\FR\FM\23MRP1.SGM
23MRP1
Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Proposed Rules
final rule amended FMVSS No. 208
such that the maximum unbelted barrier
crash test speed is lower and the range
is more narrowly defined as 32–40 km/
h. Second, vehicle structures and their
air bag systems have changed
considerably since 1995. The petitioner
provided no data to support a reexamination of how FMVSS No. 204
relates to vehicles certified to the
advanced air bag requirements. Thus,
the agency is not persuaded that
protection provided by FMVSS No. 204
is unnecessary or redundant for vehicles
equipped with advanced air bags solely
based on the past proposal.
Furthermore, the petitioner provided no
data to support its assertion that FMVSS
No. 208 injury criteria could be used as
a measure for excessive contact or
movement of the steering controls
during frontal barrier crash tests.
In the absence of the standard, we do
not know what would happen to frontal
crash protection. We are also not sure if
minimizing the steering column
rearward displacement would remain an
industry practice. The agency continues
to believe that a stable steering column
for air bag deployment is a fundamental
building block for frontal occupant
protection while the decoupling of the
steering wheel also minimizes the
possible risk of intrusion in real world
crashes beyond those representing a
rigid barrier. Therefore, we believe that
FMVSS No. 204 has contributed to air
bags that perform well in the field. We
are also unaware that the current
standard is prohibiting the
implementation of new technologies
that may improve frontal occupant
protection. We do plan to conduct a
regulatory review of FMVSS No. 204, to
determine if emerging technologies or
injury patterns warrant a closer look at
the need for revisions to the standard.
For these reasons discussed above, we
are denying Honda’s petition for
rulemaking. In accordance with 49 CFR
part 552, this completes the agency’s
review of the petition for rulemaking.
rmajette on PROD1PC67 with PROPOSALS
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30162; delegation of authority at
49 CFR 1.50.
Issued on: March 20, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 06–2836 Filed 3–22–06; 8:45 am]
BILLING CODE 4910–59–P
VerDate Aug<31>2005
14:45 Mar 22, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2006–23996]
Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for
rulemaking.
AGENCY:
SUMMARY: This document denies a
petition for rulemaking submitted by
Mr. James E. Hofferberth, to amend
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, ‘‘Occupant crash
protection,’’ to require automobile
manufacturers to place an advisory
placard in all passenger automobiles
manufactured with both inflatable
restraints and seat belts, advising that
the seat belts should not be used by
pregnant women. We are denying the
petition because the requested placard
would provide advice that is contrary to
the safety of both the mother and the
unborn baby.
FOR FURTHER INFORMATION CONTACT:
For Non-Legal Issues: Ms. Carla
Cuentas, Office of Crashworthiness
Standards, National Highway Traffic
Safety Administration, 400 Seventh
Street, SW., Washington, DC 20590,
Telephone: (202) 366–4583, Facsimile:
(202) 366–1740.
For Legal Issues: Mr. Chris Calamita,
Office of Chief Counsel, National
Highway Traffic Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590, Telephone: (202) 366–2992,
Facsimile: (202) 366–3820.
SUPPLEMENTARY INFORMATION:
I. Agency Advice: Pregnant Women
Should Wear Their Seat Belt
NHTSA recommends that pregnant
women wear their seat belts. The
American College of Obstetricians and
Gynecologists (ACOG) 1 and the Centers
for Disease Control and Prevention 2
also recommend that pregnant women
wear seat belts. NHTSA publishes a
brochure,3 developed in conjunction
1 American College of Obstetricians and
Gynecologists. Car safety for you and your baby.
May 1999. Patient Education: AP018.
2 Centers for Disease Control and Prevention.
Pregnancy Risk Assessment Monitoring System
1999 Report. Issued in 2003.
3 NHTSA publication entitled ‘‘Should pregnant
women wear seat belts?’’ dated September 2002.
https://www.nhtsa.dot.gov/people/injury/airbags/
buckleplan/Internet_Services_Group/ISGRestricted/Buckle-Up%20America/
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
14675
with ACOG and the National Healthy
Mothers, Healthy Babies Coalition, that
addresses this issue. The brochure
explains that doctors recommend that
pregnant women wear their seat belt
and that, in a crash, seat belts are the
best protection for both the pregnant
woman and her unborn child. The
brochure explains that even if a vehicle
has air bags, a pregnant woman still
needs to buckle up. Air bags are
designed to work with seat belts, not
replace them. Moreover, seat belts
provide protection in types of crashes,
including rollovers, in which air bags
provide little or no protection. This is
why, even though there have been many
advancements in air bags, it is vital that
occupants continue to use their seat
belts.
II. Petition
On June 1, 2005, Mr. James E.
Hofferberth petitioned NHTSA to
amend FMVSS No. 208, ‘‘Occupant
crash protection,’’ to require automobile
manufacturers to place an advisory
placard in all passenger automobiles
manufactured with both inflatable
restraints and seat belts, that the seat
belts should not be used by pregnant
women. He has also requested that
NHTSA establish an official position
and associated press release on this
matter so as to preempt and negate any
state or local requirements that require
seat belt usage by pregnant women.
Mr. Hofferberth stated his beliefs that
seat belts can cause serious injury or
death to a pregnant woman and/or her
unborn fetus in both crash impact and
non-impact situations. He stated that in
the presence of inflatable restraint
systems, seat belts provide very limited
additional injury prevention capacity to
a pregnant woman. He did not submit
any data in support of his petition.
III. Analysis of Petition
In his petition, Mr. Hofferberth
expressed his concern that seat belts can
cause serious injury to a pregnant
woman in both crash impact and nonimpact situations. While pregnant
women, like other occupants, can
sustain belt injuries in certain crash
impact situations, the 1999–2004
National Accident Sampling System
(NASS) Crashworthiness Data System
(CDS) data show the reduction in
serious injury associated with belt use is
approximately 76 percent for pregnant
women.4 In addition to this finding, the
pregnancybrochure/
BUA_PregnancyNHTSAchange.pdf.
4 ‘‘Supplemental Analyses of Crash Investigation
Data’’, Docket No. NHTSA–2006–23996. We note
that the agency’s regulatory impact analysis
E:\FR\FM\23MRP1.SGM
Continued
23MRP1
]]>Agencies
[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Proposed Rules]
[Pages 14673-14675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2836]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[U.S. DOT Docket Number NHTSA-2005-22655]
Federal Motor Vehicle Safety Standards; Steering Control Rearward
Displacement
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.
ACTION: Denial of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: On July 28, 2004, NHTSA received a petition for rulemaking
from Honda Motor Company Ltd. requesting that the agency amend the
applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 204,
``Steering control rearward displacement.'' Specifically, it petitioned
to exempt vehicles that already comply with the unbelted frontal
barrier crash requirements of FMVSS No. 208, ``Occupant crash
protection.'' This notice denies this petition for rulemaking.
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Christopher
Wiacek, Office of Crashworthiness Standards, NVS-112, National Highway
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC
20590. Telephone: (202) 366-4801. Fax: (202) 493-2290.
For legal issues: Christopher Calamita, Office of Chief Counsel,
NCC-112,
[[Page 14674]]
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-
3820.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of FMVSS No. 204 is to reduce driver injuries and
fatalities by limiting the rearward motion of the steering column in
frontal crashes. FMVSS No. 204 requires that the upper end of the
steering column and shaft in the vehicle shall not be displaced more
than 127 mm in a horizontal rearward direction parallel to the
longitudinal axis of the vehicle after a 48 km/h perpendicular impact
into a fixed collision barrier. The standard applies to passenger cars
and trucks, buses or multipurpose vehicles with a gross vehicle weight
rating of 4,536 kg or less and an unloaded vehicle weight of 2,495 kg
or less.
On July 20, 1987, Mitsubishi Motors America Inc., submitted a
petition for rulemaking requesting that the agency amend FMVSS No. 204
to exclude vehicles that comply with the frontal barrier crash test
requirements of FMVSS No. 208, ``Occupant crash protection,'' by means
other than safety belts. The petition stated that FMVSS No. 204 is
directed at reducing the likelihood of chest, neck and head injuries,
which the petitioner said unnecessarily duplicates the protection
provided by air bags. In response, NHTSA denied the petition on January
13, 1988 (53 FR 780), stating, ``The agency does not agree that the
protection provided by Standard No. 204 is unnecessary for vehicles
equipped with air bags. The standard essentially requires hardware to
disconnect steering gear movement from the steering column under crash
conditions. NHTSA further believes that, in the absence of Standard No.
204, it is possible for a steering assembly to displace more than five
inches in a situation where the injury criteria of Standard No. 208
were met. Thus, although the driver's impact with the assembly fell
within the injury criteria of the latter standard, the rearward motion
of the assembly might entrap the driver or make escape from the vehicle
more difficult.'' Consequently, no amendment to the standard was made.
Several years later, NHTSA had undertaken a review of its
regulations and directives pursuant to the March 4, 1995, Regulatory
Reinvention Initiative by the President. During the course of the
review, the agency identified several regulations that were potential
candidates for rescission or amendment. One of these regulations was
FMVSS No. 204. On November 16, 1995, the agency issued a notice of
proposed rulemaking (NPRM) (60 FR 221) to exclude certain vehicles from
the application of the standard, such as passenger cars and other light
vehicles that complied with the frontal barrier crash test requirements
S5.1 of FMVSS No. 208. The agency stated, the engineering
considerations that go into designing a vehicle with air bags would
ensure that the vehicle would have the same performance for steering
control rearward displacement as is currently required by the
regulation.
In response to the NPRM, the agency received six comments. Four of
the commenters, the Insurance Institute for Highway Safety (IIHS),
Mitsubishi Motors of America, Volkswagen and the American Automobile
Manufacturers Association (AAMA), concurred with the proposed
exemptions. The IIHS stated that the current dynamic test in FMVSS No.
208 with an unbelted dummy is more than sufficient to limit excessive
steering control rearward displacement. Mitsubishi supported the
exemptions based upon the reasons cited in its July 20, 1987 petition.
Volkswagen stated it would reduce testing burden and vehicle cost. The
AAMA concurred with the exemptions by stating that for an air bag-
equipped vehicle, the steering column location must remain relatively
stable during a FMVSS No. 208 barrier test to consistently meet the
test requirements.
Two commenters, the Advocates for Highway and Auto Safety
(Advocates) and LAS-KDS, Inc. opposed the exemptions. The Advocates
stated without the standard, the steering column would move rearward,
even closer to the driver, prior to air bag deployment. If this
occurred, there would be a very forceful impact of the air bag on the
driver because the driver would be closer to the steering wheel. LAS-
KDS, Inc. agreed that vehicles will continue to meet the requirements
of FMVSS No. 208, but said that in more severe crashes the exclusion
from the FMVSS No. 204 requirements will remove an important safety
margin and reintroduce the hazard or injuries associated with the
``spear-like'' qualities from the rearward travel of the steering
column.
On July 20, 1998, NHTSA terminated rulemaking on FMVSS No. 204 (63
FR 38799) since the agency temporarily allowed manufacturers to certify
vehicles to the occupant protection standard based upon an unbelted
sled test and a belted barrier test. The capability of the steering
column to provide a stable platform for the air bag was not tested in a
FMVSS No. 208 sled test option for unbelted occupants since no
structural deformation of the vehicle structure occurred.
On May 12, 2000, NHTSA amended FMVSS No. 208 to require that future
air bags be designed to create less risk of serious air bag induced
injuries, particularly for small women and young children; and provide
improved frontal crash protection for all occupants, by means that
include advanced air bag technology (65 FR 30680; advanced air bag
rule). To achieve these goals, it added a variety of new test
requirements, test procedures and injury criteria, using an assortment
of new dummies. Among the requirements, it replaced both the unbelted
sled test option and the original 0-48 km/h unbelted barrier crash test
option with a single 32-40 km/h unbelted barrier crash test for
assessing the protection of unbelted occupants. This amendment to the
standard will be fully effective September 1, 2006.
II. The Petition
On July 28, 2004, Honda Motor Company Ltd. (Honda) submitted a
petition for rulemaking requesting that NHTSA amend the applicability
of FMVSS No. 204 to include the words ``However, it does not apply to
vehicles that conform to the frontal barrier crash requirements of
(S5.1) of Standard No. 208 (49 CFR 571.208) by means of other than seat
belt assemblies.'' The petitioner stated that after September 1, 2006,
the advanced air bag requirements of FMVSS No. 208 would be applicable
to all light vehicles. After that date, the unbelted sled test option
will not be allowed and frontal barrier crash tests with restrained and
unrestrained dummies will be required. Honda believes that the FMVSS
No. 208 injury criteria could be used as a measure for excessive
contact or movement of the steering controls, which are consistent with
FMVSS No. 204. Honda stated that the proposed amendment would eliminate
redundancy between FMVSS Nos. 204 and 208.
III. Analysis of Petition
In support of its petition, Honda relied on the fact that the
agency published a NPRM in 1995 proposing to exclude certain vehicles
from complying with FMVSS No. 204. It suggested that circumstances now
warrant NHTSA's re-examination of the necessity of FMVSS No. 204 as it
relates to the advanced air bag requirements. However, NHTSA disagrees
with the petitioner's rationale for two reasons. First, FMVSS No. 208
no longer requires a 0-48 km/h unbelted barrier crash test, as it had
in 1995. The advanced air bag
[[Page 14675]]
final rule amended FMVSS No. 208 such that the maximum unbelted barrier
crash test speed is lower and the range is more narrowly defined as 32-
40 km/h. Second, vehicle structures and their air bag systems have
changed considerably since 1995. The petitioner provided no data to
support a re-examination of how FMVSS No. 204 relates to vehicles
certified to the advanced air bag requirements. Thus, the agency is not
persuaded that protection provided by FMVSS No. 204 is unnecessary or
redundant for vehicles equipped with advanced air bags solely based on
the past proposal. Furthermore, the petitioner provided no data to
support its assertion that FMVSS No. 208 injury criteria could be used
as a measure for excessive contact or movement of the steering controls
during frontal barrier crash tests.
In the absence of the standard, we do not know what would happen to
frontal crash protection. We are also not sure if minimizing the
steering column rearward displacement would remain an industry
practice. The agency continues to believe that a stable steering column
for air bag deployment is a fundamental building block for frontal
occupant protection while the decoupling of the steering wheel also
minimizes the possible risk of intrusion in real world crashes beyond
those representing a rigid barrier. Therefore, we believe that FMVSS
No. 204 has contributed to air bags that perform well in the field. We
are also unaware that the current standard is prohibiting the
implementation of new technologies that may improve frontal occupant
protection. We do plan to conduct a regulatory review of FMVSS No. 204,
to determine if emerging technologies or injury patterns warrant a
closer look at the need for revisions to the standard.
For these reasons discussed above, we are denying Honda's petition
for rulemaking. In accordance with 49 CFR part 552, this completes the
agency's review of the petition for rulemaking.
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30162;
delegation of authority at 49 CFR 1.50.
Issued on: March 20, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 06-2836 Filed 3-22-06; 8:45 am]
BILLING CODE 4910-59-P
