National Highway Traffic Safety Administration May 2005 – Federal Register Recent Federal Regulation Documents

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1991 Mercedes Benz 560 SEL passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

Based on the agency's evaluation, the National Highway Traffic Safety Administration (NHTSA) denies a petition for rulemaking from Mercedes-Benz to amend the Federal lighting standard to permit the use of optional use of stoplamps that would flash under higher levels of deceleration. Mercedes-Benz has not demonstrated that this manufacturer-installed option would result in reduced crashes. NHTSA is denying the petition because it would take away from NHTSA the ability to use a potentially valuable rear signal for a higher safety purpose sometime in the future. NHTSA concludes that it would require more in- depth information than provided on the safety benefit of any such change before it would initiate a rulemaking on what rear signal lamp performance changes are appropriate or necessary to reduce the incidence or rear-end crashes.

This NPRM would amend Federal Motor Vehicle Safety Standard No. 208, Occupant crash protection, by proposing test procedures applicable to vehicles that have a child restraint anchorage system, commonly referred to as a ``LATCH'' system, in a front passenger seating position and that comply with advanced air bag requirements through the use of a suppression system. Beginning September 1, 2006, these vehicles must suppress the air bag in the presence of a child restraint system that is attached to the vehicle's LATCH system. The procedures proposed in this document specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test.

This notice grants the Morgan Motor Company Limited (``Morgan'') application for a temporary exemption from Part 581 Bumper Standard. In accordance with 49 CFR part 555, the basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

Century Products, a Division of Graco Children's Products, Inc. (``Century Products'' and ``Graco''), of Macedonia, Ohio, has appealed a decision by the National Highway Traffic Safety Administration (NHTSA) that denied Century Products' application that its noncompliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child restraint systems,'' be deemed inconsequential as it relates to safety. This notice of receipt of Century Products' appeal is published in accordance with NHTSA regulations (49 CFR 556.5 and 556.7) and does not represent any agency decision or other exercise of judgment concerning the merits of the appeal. Dates: Comments must be received no later than June 10, 2005. Addresses: You may submit comments identified by the DOT DMS docket number assigned this notice and listed above, by any of the following methods: Web site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Fax: (202) 493-2251. Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. 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. Federal eRulemaking Portal: Go to https:// 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. Note that all comments received will be posted without change to https://dms.dot.gov, including any personal information provided. You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit https://dms.dot.gov. Docket: For access to the docket to read background documents or comments received, go to https://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 am and 5 p.m., Monday through Friday, except Federal Holidays. For Further Information Contact: For non-legal issues, you may contact Mike Huntley, Office of Crashworthiness Standards, at (202) 366-0029, and fax him at (202) 493-2739. For legal issues, you may contact Christopher Calamita, Office of Chief Counsel, at (202) 366-2992, and fax him at (202) 366-3820. You may send mail to these officials at the National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 20590. Supplementary Information: Paragraph S5.1.1 of FMVSS No. 213 states that when a child restraint system is tested in accordance with S6.1, it shall ``[e]xhibit no complete separation of any load bearing structural element and no partial separation exposing either surfaces with a radius of less than \1/4\ inch or surfaces with protrusions greater than \3/8\ inch above the immediate adjacent surrounding contactable surface of any structural element of the system.'' A ``contactable surface'' is defined in S4 as ``any child restraint system surface (other than that of a belt, belt buckle, or belt adjustment hardware) that may contact any part of the head or torso of the appropriate test dummy, specified in S7, when a child restraint system is tested in accordance with S6.1.'' Century Products determined that as many as 185,175 child restraints fail to comply with FMVSS No. 213, and filed appropriate reports pursuant to 49 CFR part 573, ``Defect and Noncompliance Responsibility and Reports.'' Century Products also applied to be exempted from the notification and remedy requirements of 49 U.S.C. Chapter 301``Motor Vehicle Safety'' on the basis that the noncompliance is inconsequential to safety. Notice of receipt of the application was published in the Federal Register on May 17, 2002 (67 FR 35188). On October 24, 2003, NHTSA published a notice in the Federal Register denying Century Products' application (Docket No. NHTSA-02-12087, Notice 2; 68 FR 61037; October 24, 2003), stating in part:

This notice solicits public comments on continuation of the requirements for the collection of information on safety standards. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information on seven Federal motor vehicle safety standards (FMVSSs) and one regulation, for which NHTSA intends to seek OMB approval. The information collection pertains to requirements that specify certain safety precautions regarding items of motor vehicle equipment must appear in the vehicle owner's manual.

This document contains a technical amendment to the agency's Vehicle Identification Number (VIN) requirements. The amendment clarifies the definition of ``model year'' included in that regulation.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on June 16, 2004 at Vol. 69, No. 115, p. 33693-94.