National Highway Traffic Safety Administration November 2007 – Federal Register Recent Federal Regulation Documents

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 one collection of information for which NHTSA intends to seek OMB approval.

In accordance with the procedures in 49 CFR Part 555, Ferrari S.P.A. and Ferrari North America (collectively, ``Ferrari'') have 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. This notice of receipt of an application for temporary exemption is published in accordance with the statutory provisions of 49 U.S.C. 30113(b)(2). NHTSA has made no judgment on the merits of the application.

In response to Section 14(g) of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, the National Highway Traffic Safety Administration established a child restraint consumer information rating program. This program conducts a yearly assessment on the ease of using add-on child restraints and provides these ratings to the public. The program has been successful in encouraging child restraint manufacturers to improve their harness designs, labels, and manuals such that most now receive the top rating. However, some recent research, as well as a February 2007 public meeting held by the agency on the Lower Anchors and Tethers for Children (LATCH) system has indicated that some features that make child restraints easier to use are not being captured by the current program. Additionally, the agency wants to make sure that the program continues to provide useful information to the public. In an effort to further enhance the program and provide consumers with updated information we are proposing some new features and new rating criteria, and to adjust the scoring system. The agency anticipates that these program changes will result in more child restraints being used correctly by continuing to encourage manufacturers to install more features that help make the restraints easier to use.

This document proposes to amend NHTSA's regulations that prescribe fees authorized by 49 U.S.C. Sec. 30141 for various functions performed by the agency with respect to the importation of motor vehicles that do not conform to all applicable Federal motor vehicle safety and bumper standards. An importer must file with U.S. Customs and Border Protection (CBP) a Department of Transportation (DOT) conformance bond at the time that a nonconforming motor vehicle is offered for importation into the United States, or in lieu of such a bond, the importer may post cash deposits or obligations of the United States to ensure that the vehicle will be brought into conformance with all applicable standards within 120 days from the date of importation, or will be exported from, or abandoned to, the United States. To avoid the costs of a DOT conformance bond, some importers have sought to post cash deposits, which would relieve the importers of the bonding costs but cause the agency to expend considerable resources. To permit the government to recover these expenses, this amendment would establish a fee for the agency's processing of these cash deposits or obligations of the United States that are furnished in lieu of a DOT conformance bond.

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 agency must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OM B approval.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2003 BMW C1 motorcycles 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.

In past interpretations, NHTSA has taken the position that redundant displays, voluntarily provided by the vehicle manufacturer, need not meet the requirements of FMVSS No. 101 Controls, Telltales, and Indicators, if another display fully meets the standard's requirements. This document sets forth a draft interpretation addressing whether this principle should apply to redundant telltales ``of particular safety significance'' placed in ``common spaces.'' We have tentatively concluded that the principle should not be extended to these telltales.

This document grants in full the Chrysler, LLC, (Chrysler) petition for exemption of the Jeep Wrangler vehicle line in accordance with 49 CFR part 543, Exemption from the 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 (49 CFR part 541).

In a final rule published in August 2006, NHTSA amended 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 it had previously adopted for tests using belted 50th percentile adult male dummies. The agency adopted the amendment to help improve crash protection for small statured occupants. In this document, in response to petitions for reconsideration of that rule, we are adjusting the phase-in requirements to permit manufacturers to earn advance credits for vehicles that are certified in compliance with the new higher speed requirement one year in advance of the regulatory requirements, i.e., beginning on September 1, 2008. We are also making technical corrections regarding special phase-in provisions for small volume manufacturers included in the August 2006 rule, as well as in several other regulations.