National Highway Traffic Safety Administration July 2005 – Federal Register Recent Federal Regulation Documents
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Notice of Receipt of Petition for Decision That Nonconforming 2005 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose Passenger Vehicles Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of two petitions for a decision that 2005 Mercedes Benz Type 463 Short Wheel Base (SWB) Gelaendewagen Multipurpose Passenger Vehicles (MPVs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.
Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation
This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for importation into and/or sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable Federal motor vehicle safety standards.
Procedures for Participating in and Receiving Data From the National Driver Register Problem Driver Pointer System
This final rule amends the agency's National Driver Register (NDR) regulations to implement new reporting requirements mandated by the Motor Carrier Safety Improvement Act of 1999 (MCSIA). MCSIA amended the NDR Act to require that a State, before issuing or renewing a motor vehicle operator's license, must verify an individual's eligibility to receive a license through informational checks of both the NDR and the Commercial Driver's License Information System (CDLIS). The final rule amends the NDR regulations to reflect this statutory change. The final rule also provides an updated listing of the NDR reporting codes in the Appendix to reflect the codes that should be implemented by participating States by September 30, 2005. The final rule clarifies that pointer records reported to the NDR must only regard individuals who have been convicted or whose license has been denied, canceled, revoked, or suspended for one of the offenses identified in the Appendix. Finally, the final rule adds a definition for the term ``employers or prospective employers of motor vehicle operators.''
Child Restraint Systems
This notice announces the availability of a research report on child restraint labels. The research was conducted in July of 2003. This notice also announces that NHTSA does not plan to conduct further rulemaking on child restraint labels at this time.
Insurer Reporting Requirements; List of Insurers Required to File Reports
This final rule amends regulations on insurer reporting requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices must file three copies of its report for the 2002 calendar year before October 25, 2005. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
Our requirements for advanced air bags are being phased in during two stages, the first of which extends over a three-year period from September 1, 2003 to August 31, 2006. The phase-in provides special requirements for limited line manufacturers. These manufacturers are excluded from the first two years of the phase-in but must achieve 100 percent compliance for the third year, i.e., the production year beginning September 1, 2005. To address problems faced by Porsche, we are issuing this interim final rule revising the phase- in for limited line manufacturers so that 95 percent of a manufacturer's vehicles must comply with the advanced air bag requirements during this one-year period instead of 100 percent.
Notice of Receipt of Petition for Decision That Nonconforming 2003-2005 Mercedes Benz SL Class (230) Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2003-2005 Mercedes Benz SL Class (230) 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.
Performance of Advanced Crash Avoidance Systems; Request for Information
The National Highway Traffic Safety Administration (NHTSA) is seeking information from all sources for its Advanced Crash Avoidance Technologies Program (ACAT). The ACAT program seeks to determine the safety impact of new and emerging technologies that are intended to help drivers avoid crashes, reduce the severity, and prevent injuries.
Federal Motor Vehicle Safety Standards; Platform Lifts for Motor Vehicles, Platform Lift Installations in Motor Vehicles
This document responds to petitions for reconsideration of the October 1, 2004 final rule (69 FR 58843), which was in response to the initial petitions for reconsideration of the December 27, 2002 final rule (67 FR 79416) that established two new Federal motor vehicle safety standards (FMVSSs); FMVSS No. 403, Platform lift systems for motor vehicles, and FMVSS No. 404, Platform lift installations in motor vehicles. The purpose of these standards is to prevent injuries and fatalities during lift operation. In the October 2004 final rule the agency clarified the applicability of the standards as well as amended the definitions of certain operational functions, the requirements for lift lighting on public lifts, the interlock requirements, compliance procedures for lifts that manually deploy/stow, the environmental resistance requirements, the edge guard requirements, the wheelchair test device specifications, and the location requirements for public lift controls. The agency received petitions for reconsideration of the October 2004 final rule from a school bus manufacturer, a lift interlock/control manufacturer, a vehicle association, a school bus technical council and a dealer's association. The agency is denying the petitioners' request to require interlocks be designed to prevent ``malicious'' release and to place responsibility for lighting requirements under FMVSS No. 403. The request to amend the lighting intensity requirements under FMVSS No. 404 will be addressed in a separate notice as a petition for rulemaking.
Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment
On February 12, 2003 NHTSA published a request for comments in the Federal Register (68 FR 7101) regarding Adaptive Frontal-lighting Systems (AFS). The agency noted the automotive industry was introducing Adaptive Frontal-lighting Systems that could actively change the intensity and direction of headlamp illumination in response to changes in vehicle speed or roadway geometry, such as providing more light to the left in a left-hand curve. The agency expressed concern that such headlighting systems may cause additional glare to oncoming drivers, change the easily recognizable and consistent appearance of oncoming vehicles, and have failure modes that may cause glare for long periods of time. The agency stated it was also interested in learning whether these adaptive systems can provide any demonstrated reduction in crash risk during nighttime driving. For reasons discussed in this document, the agency is withdrawing this rulemaking.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
NHTSA received a letter asking us to extend the comment period for the Notice of Proposed Rulemaking (NPRM) to amend the Federal motor vehicle safety standard (FMVSS) for occupant crash protection. The agency has proposed to amend FMVSS No. 208, Occupant crash protection, by establishing a test procedure applicable to vehicles equipped with 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. The proposed procedures specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test. To provide interested persons additional time to prepare comments, we are extending the end of the comment period from July 18, 2005, to August 17, 2005. This 30-day extension will allow vehicle manufacturers the appropriate opportunity to review a technical report cited in the NPRM in support of the agency's proposal, and provide more meaningful comments.
Trends in the Static Stability Factor of Passenger Cars, Light Trucks, and Vans Technical Report
This notice announces NHTSA's publication of a technical report evaluating the changes over time in static stability factor in passenger vehicles. The report's title is: Trends in the Static Stability Factor of Passenger Cars, Light Trucks, and Vans.
Anthropomorphic Test Devices; Hybrid III-10 Year Old Child Test Dummy
Today's NPRM proposes specifications and qualification requirements for the new test dummy that is representative of a 10- year-old child. NHTSA plans to use the new 10-year-old child test dummy to test child restraints under Federal Motor Vehicle Safety Standard No. 213 and in other applications. The dummy has the capability to be placed in a slouched posture, which allows the evaluation of vehicle belt systems under real world occupant conditions.
Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors Corporation
This document grants in full the petition of General Motors Corporation (GM) for an exemption of a high-theft line, the Chevrolet Cobalt, from the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.
Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; DaimlerChrysler
This document grants in full the petition of DaimlerChrysler Corporation, (DaimlerChrysler) for an exemption of a high-theft line, the Jeep Liberty, from the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.
Truck-Camper Loading; Correction
On July 12, 1996, the National Highway Traffic Safety Administration (NHTSA) published a final rule that rescinded Federal Motor Vehicle Safety Standard No. 126, Truck-camper loading, and combined its provisions with 49 CFR 575.103, Truck-camper loading. When combining these two regulations, NHTSA inadvertently changed a cross reference so that it refers to only one of five information requirements, instead of all five as it had previously. This document corrects that error.
Federal Motor Vehicle Safety Standards; Glazing Materials
NHTSA published a final rule in July 2003 that updated the Federal motor vehicle safety standard on glazing materials. The agency received several petitions for reconsideration of the rule, and has published documents that have delayed the rule's effective date. Today's document completes the response to the petitions by amending provisions on shade band requirements; by providing a compliance option to certain aftermarket glazing materials; by delaying the compliance date of the rule for motor vehicle manufacturers by two months so that they can deplete glazing inventories; and by correcting several provisions of the rule.
Reports, Forms, and Recordkeeping Requirements
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.
Spyker Automobielen B.V.; Grant of Application for a Temporary Exemption From Federal Motor Vehicle Safety Standards No. 108, and 208; and Part 581 Bumper Standard
This notice grants the Spyker Automobielen B.V. (``Spyker'') application for a temporary exemption from the requirements of S4.1.5.3 and S14 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant crash protection, and Part 581 Bumper Standard. This notice also partially grants the Spyker application for a temporary exemption from FMVSS No. 108, Lamps, reflective devices, and associated equipment. The exemptions apply to the Spyker C8 vehicle line. 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\ While the exemption from FMVSS No. 208 and Part 581 will be effective for a period of three years, the exemption from FMVSS No. 108 is limited to the first 10 Spyker C8 vehicles imported and sold in the United States.
Defect and Noncompliance Responsibility and Reports Defect and Noncompliance Notification
This document responds to petitions for reconsideration of the June 23, 2004 dealer notification rule that amended several provisions of agency regulations on notifications by manufacturers of motor vehicles and motor vehicle equipment to dealers and distributors when they or NHTSA decide that vehicles or equipment contain a defect related to motor vehicle safety or do not comply with a Federal motor vehicle safety standard.
Federal Motor Vehicle Safety Standards; Transmission Shift Position Sequence, Starter Interlock, and Transmission Braking Effect
This document amends the starter interlock requirements of our safety standard on transmission shift position sequence, starter interlock, and transmission braking effect to clarify how the requirements apply to vehicles incorporating emerging technologies. The amendment is intended to facilitate the development of propulsion systems that conserve energy and reduce emissions by stopping the engine (internal combustion engine) when it is not needed. It is also intended to minimize the possibility of crashes in which a driver has mis-shifted into a forward or reverse gear and would be unprepared for the direction of motion by the vehicle when the engine restarts.
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