Federal Motor Vehicle Safety Standards; Occupant Crash Protection; Seat Belt Assemblies |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Christopher A. Hart
Federal Register
April 15, 1994
[Federal Register: April 15, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 74-14; Notice 87]
RIN 2127-AE79
Federal Motor Vehicle Safety Standards; Occupant Crash
Protection; Seat Belt Assemblies
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule allows manufacturers of all replacement seat
belt assemblies intended for use only in specifically stated motor
vehicles a choice of two means of providing information regarding the
seating positions and vehicle models for which the assemblies are
appropriate. The information may be provided either on the assembly
itself or in the installation instruction sheet currently required to
accompany the assembly. This final rule also removes the labeling
requirement for two types of seat belt assemblies when they are
installed as original equipment in a new motor vehicle. NHTSA believes
that this final rule provides manufacturers more flexibility in the
manner of providing this information without decreasing the likelihood
that belts will be correctly installed.
DATES: Effective Date: The amendments made in this rule are effective
October 12, 1994.
Petition Date: Any petitions for reconsideration must be received
by NHTSA no later than May 16, 1994.
ADDRESSES: Any petitions for reconsideration should refer to the docket
and notice number of this notice and be submitted to: Administrator,
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. Daniel S. Cohen, Office of Vehicle
Safety Standards, NRM-12, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590.
Telephone: (202) 366-4911.
SUPPLEMENTARY INFORMATION:
Background
Standard No. 209 takes three different approaches to requiring
manufacturers of replacement seat belt assemblies to provide
information regarding the vehicle models and seating positions for
which the assemblies are appropriate. The standard requires some seat
belt assemblies to be labeled, some to be both labeled and accompanied
by an installation instruction sheet, and some to be accompanied by an
installation instruction sheet. The following belts are required to be
labeled:
Dynamically tested belts with load limiters installed in
new motor vehicles (section S4.5(c)); and
Dynamically tested manual belts installed in new trucks
and multipurpose passenger vehicles with a gross vehicle weight rating
of 8,500 pounds or less and an unloaded weight of less than 5,500
pounds (LTVs) (section S4.6(b)).
The following belts are required to be both labeled and accompanied
by an installation instruction sheet:
Dynamically tested replacement belts with load limiters
(sections S4.1(k) and S4.5(c)); and
Dynamically tested manual replacement belts for LTVs
(sections S4.1(k) and S4.6(b)).
All other replacement belts are required to be accompanied by an
installation instruction sheet (section S4.1(k)).
On May 10, 1993, NHTSA published a notice of proposed rulemaking
(NPRM) proposing to replace these three different sets of requirements
with a single provision allowing manufacturers of replacement seat belt
assemblies a choice of one of two means of providing information
regarding the seating positions and vehicle models for which the
assemblies are appropriate: Either on the assembly or in the
installation instruction sheet currently required to accompany the
assembly. The NPRM also proposed to exclude from the proposed labeling
requirement those seat belt assemblies that are installed as original
equipment in a new motor vehicle.
NHTSA received six comments on the NPRM. Four of the commenters
supported the agency's adopting the amendments proposed in the NPRM.
None of the commenters objected to the proposed exclusion of seat belt
assemblies installed as original equipment. This exclusion has been
adopted as proposed.
General Motors (GM) raised issues regarding the types of
replacement belts subject to the two proposed options, regarding the
means of providing the required information, and regarding the effect
of the proposal on current inventories. Volkswagen (VW) suggested that
the agency rescind the requirement to provide installation
instructions. All of the comments were considered in the formulation of
this final rule and are addressed below. Since the final rule will
provide manufacturers more flexibility in the manner of providing
installation information without decreasing the likelihood that belts
will be correctly installed, NHTSA is adopting the provision regarding
the choice of two means of providing the information as proposed.
Note: On May 28, 1993, the Association of International
Automobile Manufacturers submitted a petition for rulemaking
requesting the agency to rescind the requirement that replacement
seat belt assemblies be accompanied by installation instructions.
Elsewhere in this issue of the Federal Register, the agency has
published a notice denying this petition.
Applicability
In the NPRM, NHTSA proposed a 30 day leadtime based on its belief
that all belts which comply with the current requirements would comply
with the new requirement. GM disagreed with this assumption. GM
correctly stated that make/model information is currently required only
on certain dynamically tested belts. The proposed language required
this information to be either on all replacement belts or on the
instruction sheet for all replacement belts.
This final rule will require the addition of only one sentence on
either the belt or the instruction sheet for some dynamically tested
belts. For all other replacement belts, no change will be necessary. In
order to provide manufacturers with sufficient time to design,
fabricate, and attach new labels, or to change, edit, and approve the
additional text for the instruction sheet to be provided with the
replacement belt assembly, NHTSA has provided for a leadtime of 180
days.
Current Inventories
GM also expressed concern that the proposed requirement would apply
to replacement belts in inventory which had not been installed prior to
the effective date of the final rule. GM is incorrect. Only products
manufactured on or after the effective date of an applicable
requirement in a Federal motor vehicle safety standard must comply with
that requirement. Therefore, only replacement belt assemblies
manufactured on or after the effective date of the final rule would be
required to comply with the new requirements.
Allow ``Alternative Means'' or Rescind Requirement
Citing recent agency grants of petitions for inconsequential
noncompliance with S4.1(k) of Standard No. 209, GM suggested that the
agency should amend the proposed language to allow other ``alternative
means'' of providing installation information in addition to placing it
on the belt or on an instruction sheet in the box. GM did not identify
any specific ``alternative means'' or provide any other guidance on how
the agency would determine that a seat belt assembly met such a
requirement. Also citing the grants of petitions for inconsequential
noncompliance, VW suggested that the agency should rescind the
requirement to provide installation instructions completely. As
explained below, the agency disagrees with both commenters.
With regard to GM's request that ``alternative means'' of providing
the required information be allowed, NHTSA believes that the language
suggested by GM is not sufficiently objective to satisfy the
requirements of the National Traffic and Motor Vehicle Safety Act (15
U.S.C. 1381 et seq.). Therefore, NHTSA has not altered the proposed
language as GM suggested.
With regard to VW's comment, the agency notes that since November
5, 1992, it has received seven petitions for inconsequential
noncompliance because replacement belt assemblies were not accompanied
by required installation information. These petitions were granted
because the petitioner demonstrated that the noncompliance was
inconsequential due to other procedures or practices that provided the
information in another format than that required by Standard No. 209.
The other procedures or practices involved a determination by a
mechanic or technician of physical differences unique to a particular
design. These practices and procedures may work well, but their success
depends on the vigilance and experience of the installer. VW did not
provide any information indicating that any of these procedures or
practices would ensure that an untrained person could correctly install
the belts. NHTSA notes that not all belts are replaced by a trained
mechanic. Moreover, a change in the standard to remove this requirement
would substantially magnify the potential risk of improper
installation, given that no evidence was provided that all seat belt or
vehicle manufacturers have such a practice or procedure.
The grant of a petition for inconsequential noncompliance exempts
the manufacturer from the notification and remedy requirements of the
National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.).
An inconsequentiality proceeding is retrospective, and, in the case of
the failure to provide installation instructions, the granting of
petitions was based, in part, on the fact that there was no evidence
that any of the replacement belt assemblies had been installed
incorrectly. A rulemaking proceeding is, by contrast, prospective,
looking at whether all future seat belt assemblies should be excluded
from the requirement to provide installation information. VW did not
demonstrate that the installation information would get to all users in
a reliable and effective manner absent the requirement that it be
provided with the belt. Thus, NHTSA disagrees with VW that this
requirement should be rescinded.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This action was not reviewed under the
Executive Order. With respect to the DOT policies and procedures, this
action has been determined not to be significant. This final rule
allows manufacturers an option of either providing information with
seat belt assemblies or labeling the seat belt assemblies. Except for
some dynamically tested belts, seat belt assemblies currently are
required to comply with one of these options. The cost savings
associated with deleting some of the requirements should more than
offset any additional minor costs associated with adding make/model
information to the installation instruction sheets. Therefore, the
agency has determined that there will be minimal additional costs with
respect to some assemblies.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this final rule under the
Regulatory Flexibility Act. I hereby certify that this rule will not
have a significant economic impact on a substantial number of small
entities. As explained above, the agency has determined that this final
rule will have only a minimal cost impact on some seat belt assemblies.
Accordingly, a regulatory evaluation has not been prepared for this
final rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this final rule.
National Environmental Policy Act
NHTSA has also analyzed this final rule under the National
Environmental Policy Act and determined that it will not have a
significant impact on the human environment.
Executive Order 12612 (Federalism)
Finally, NHTSA has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this rule will not have significant federalism
implications to warrant the preparation of a Federalism Assessment.
Civil Justice Reform
This final rule does not have any retroactive effect. Under section
103(d) of the National Traffic and Motor Vehicle Safety Act (Safety
Act; 15 U.S.C. 1392(d)), whenever a Federal motor vehicle safety
standard is in effect, a State may not adopt or maintain a safety
standard applicable to the same aspect of performance which is not
identical to the Federal standard, except to the extent that the State
requirement imposes a higher level of performance and applies only to
vehicles procured for the State's use. Section 105 of the Safety Act
(15 U.S.C. 1394) sets forth a procedure for judicial review of final
rules establishing, amending or revoking Federal motor vehicle safety
standards. That section does not require submission of a petition for
reconsideration or other administrative proceedings before parties may
file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
In consideration of the foregoing, 49 CFR part 571 is amended as
follows:
1. The authority citation for part 571 of title 49 continues to
read as follows:
Authority: 15 U.S.C. 1392, 1401, 1403, 1407, delegation of
authority at 49 CFR 1.50.
Sec. 571.208 [Amended]
2. Section 571.208 is amended by adding a new S4.5.3.5 to read as
follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
S4.5.3.5 A replacement automatic belt shall meet the requirements
of S4.1(k) of Standard No. 209.
* * * * *
Sec. 571.209 [Amended]
3. Section 571.209 is amended by removing S4.5(c) and S4.6(b), and
by revising S4.1(k) to read as follows:
Sec. 571.209 Standard No. 209; Seat belt assemblies.
* * * * *
S4.1 * * *
* * * * *
(k) Installation instructions. A seat belt assembly, other than a
seat belt assembly installed in a motor vehicle by an automobile
manufacturer, shall be accompanied by an instruction sheet providing
sufficient information for installing the assembly in a motor vehicle.
The installation instructions shall state whether the assembly is for
universal installation or for installation only in specifically stated
motor vehicles, and shall include at least those items specified in SAE
Recommended Practice J800c, ``Motor Vehicle Seat Belt Installations,''
November 1973. If the assembly is for use only in specifically stated
motor vehicles, the assembly shall either be permanently and legibly
marked or labeled with the following statement, or the instruction
sheet shall include the following statement:
This seat belt assembly is for use only in [insert specific
seating position(s), e.g., ``front right''] in [insert specific
vehicle make(s) and model(s)].
* * * * *
Issued on April 11, 1994.
Christopher A. Hart,
Deputy Administrator.
[FR Doc. 94-9086 Filed 4-14-94; 8:45 am]
BILLING CODE 4910-59-P