National Highway Traffic Safety Administration August 2006 – Federal Register Recent Federal Regulation Documents

In this document, NHTSA is amending its safety standard on occupant crash protection to establish the same 56 km/h (35 mph) maximum speed for frontal barrier crash tests using belted 5th percentile adult female test dummies as we previously adopted for tests using belted 50th percentile adult male dummies. The agency is adopting this amendment to help improve crash protection for small statured occupants. The new requirement is phased-in in a manner similar to the phase-in for the 56 km/h (35 mph) maximum speed test requirement using the 50th percentile adult male dummy, but beginning 2 years later, i.e., September 1, 2009.

This notice sets forth guidelines on the types and formats of data that States should collect relating to drivers who are arrested or convicted for violation of laws prohibiting the impaired operation of motor vehicles, as directed by Section 2007(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

This notice sets forth the reasons for the denial of a petition submitted to NHTSA under 49 U.S.C. 30162 by Safety Analysis and Forensic Engineering. The petition requested that the agency commence an investigation into whether certain Ford Explorer and Mercury Mountaineer vehicles are in compliance with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 216, ``Roof crush resistance.'' After review of the petition and other information submitted by the petitioner and the vehicle manufacturer, NHTSA has concluded that further expenditure of the agency's investigative resources on the issue raised in the petition does not appear warranted. The agency has accordingly denied the petition.

Under the current version of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, vehicles that are manufactured on or after September 1, 2006, are certified to the suppression requirements and have a child restraint anchorage system, commonly referred to as a Lower Anchors and Tethers for Children or ``LATCH'' system, in the right front passenger seating position must suppress the air bag for that position when a child restraint is installed at that position with the LATCH system. However, the standard does not yet specify detailed procedures for installing that type of child restraint in order to conduct the suppression test. In a notice of proposed rulemaking (NPRM) published May 19, 2005, NHTSA proposed the needed installation procedures and proposed an effective date for the final rule following the NPRM. The agency anticipated in the NPRM that a final rule would be issued by September 1, 2006, that provided sufficient leadtime for vehicles to meet the suppression requirements with LATCH-equipped child restraints. Because we have not completed our response to the comments to the NPRM, this final rule delays, for one year, the compliance date of the requirement for vehicles to meet the air bag suppression requirement with LATCH-equipped child restraints. This delay allows us additional time to publish our final action on the rulemaking.

In accordance with the procedures in 49 CFR part 555, YES! Sportscars has petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\

This final rule specifies uniform requirements for the accuracy, collection, storage, survivability, and retrievability of onboard motor vehicle crash event data in passenger cars and other light vehicles equipped with event data recorders (EDRs). This final rule responds to the growing practice in the motor vehicle industry of voluntarily installing EDRs in an increasing number of light vehicles. This final rule is intended to standardize the data obtained through EDRs so that such data may be put to the most effective future use and to ensure that EDR infrastructure develops in such a way as to speed medical assistance through providing a foundation for automatic crash notification (ACN). This final regulation: requires that the EDRs installed in light vehicles record a minimum set of specified data elements; standardizes the format in which those data are recorded; helps to ensure the crash survivability of an EDR and its data by requiring that the EDR function during and after the front and side vehicle crash tests specified in two Federal motor vehicle safety standards; and requires vehicle manufacturers to ensure the commercial availability of the tools necessary to enable crash investigators to retrieve data from the EDR. In addition, to ensure public awareness of EDRs, the regulation also requires vehicle manufacturers to include a standardized statement in the owner's manual indicating that the vehicle is equipped with an EDR and describing the functions and capabilities of EDRs. This final rule for standardization of EDR data will ensure that EDRs record, in a readily usable manner, the data necessary for ACN, effective crash investigations, and analysis of safety equipment performance. Standardization of EDR data will facilitate development of ACN, e-911, and similar systems, which could lead to future safety enhancements. In addition, analysis of EDR data can contribute to safer vehicle designs and a better understanding of the circumstances and causation of crashes and injuries.

This document denies a petition submitted by First Technology Safety Systems (FTSS) on December 30, 2002. The petition asked the agency to revise drawing dimensions for the Hybrid III 5th Female (HIII-5F) chest jacket to reflect the physical part manufactured by FTSS. FTSS did not provide any data showing that these slight dimensional differences would affect the dummy's performance, nor did FTSS provide any justification for changing NHTSA's drawing specifications in CFR Section 49, Part 572 Subpart O drawings to FTSS's suggested specifications. Revising the Agency's drawing specifications to FTSS's suggested specifications appears to provide little to no benefit. Furthermore, FTSS did not claim they are unable to meet NHTSA's current drawing specifications. Accordingly, the agency finds no basis to revise the drawings as requested by FTSS.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004 Mercedes Benz Maybach 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.

This document adopts fees for Fiscal Year (FY) 2007 and until further notice, as authorized by 49 U.S.C. 30141, relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal Motor Vehicle Safety Standards (FMVSS). These fees are needed to maintain the registered importer (RI) program. We are decreasing the fees for the registration of a new RI from $830 to $677 and the annual fee for renewing an existing registration from $745 to $570. These fees include the costs of maintaining the RI program. The fee required to reimburse the U.S. Department of Homeland Security (Customs) for conformance bond processing costs will increase from $9.30 to $9.77 per bond. We are also increasing the fees assessed against the importer of each vehicle covered by the decision to grant import eligibility. For vehicles determined eligible based on their substantial similarity to a U.S. certified vehicle, the fee is increased from $150 to $208. For vehicles determined eligible based on their capability of being modified to comply with all applicable FMVSS, the fee is increased from $150 to $208. In the event that a petitioner requests an inspection of a vehicle, the fee for such an inspection will remain $827 for vehicles that are the subject of either type of petition. The fee that an RI must pay as a processing cost for review of each conformity package that it submits to NHTSA will decrease to $13 from $18 per certificate. If the vehicle has been entered electronically with Customs through the Automated Broker Interface (ABI) and the registered importer has an e-mail address, the fee for processing the conformity package will continue to be $6, provided the fee is paid by credit card. However, if NHTSA finds that the information in the entry or the conformity package is incorrect, the processing fee will be $48, representing no change from the fee that is currently charged when there are one or more errors in the ABI entry or omissions in the statement of conformity.