Federal Motor Vehicle Safety Standards; Power-Operated Window, Partition, and Roof Panel Systems |
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Topics: Federal Motor Vehicle Safety Standards
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Joseph S. Carra
National Highway Traffic Safety Administration
Federal Register
March 2, 2011
[Federal Register: March 2, 2011 (Volume 76, Number 41)]
[Proposed Rules]
[Page 11415-11417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr11-34]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2011-0027]
RIN 2127-AK52
Federal Motor Vehicle Safety Standards; Power-Operated Window,
Partition, and Roof Panel Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Withdrawal of notice of proposed rulemaking.
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SUMMARY: This document withdraws a notice of proposed rulemaking issued
pursuant to the Cameron Gulbransen Kids Transportation Safety Act of
2007. The Act directed NHTSA to initiate a rulemaking to consider
requirements for automatic reversal systems (ARS) for power windows and
to make a final decision. The agency has decided not to issue a final
rule adopting any such new requirements and instead to terminate
rulemaking.
DATES: Effective March 2, 2011, the proposed rule published September
1, 2009, at 74 FR 45143 is withdrawn.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call
Michael Pyne, NHTSA Office of Avoidance Standards, telephone 202-366-
1810. For legal issues, you may call J. Edward Glancy, NHTSA Office of
Chief Counsel, telephone 202-366-2992. You may send mail to these
officials at the National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: For the reasons set forth below, we have
decided not to issue a final rule adopting any new requirements for
automatic reversal systems (ARS) and are withdrawing our 2009 proposal
regarding ARS. This document explains our decision.
The Cameron Gulbransen Kids Transportation Safety Act of 2007 (K.
T. Safety Act) directed the Secretary of Transportation to initiate a
rulemaking to consider requiring all power windows and panels on light
motor vehicles to stop closing and reverse direction automatically when
they detect an obstruction, to prevent children and others from being
trapped, injured, or killed. It also provided the Secretary with
discretion whether to issue a final rule. It stated that if the
Secretary determines that additional safety requirements are
reasonable, practicable and appropriate, the Secretary shall issue
those requirements. Alternatively, it stated if the Secretary
determines that no additional safety requirements meet those criteria,
the Secretary shall report to Congress on the reasons for not issuing
such requirements.
In response to the K. T. Safety Act, the Department's National
Highway Traffic Safety Administration (NHTSA) published in the Federal
Register (74 FR 45143; September 1, 2009) a notice of proposed
rulemaking (NPRM) proposing new requirements for ARS. The proposal
discussed the agency's analysis of the injuries and fatalities related
to power windows and the performance requirements that the agency had
recently adopted for safer power window switches. The benefits of the
safer switches rules will be increasingly realized as vehicles with
``safer switches'' replace older vehicles lacking them.
After the agency analyzed and considered the benefits and costs of
installing ARS for all types of vehicle windows in developing the NPRM,
NHTSA decided to propose requiring ARS on only one type of power
[[Page 11416]]
window, i.e., ``express-up'' or ``one-touch closing'' power windows.
These windows close without continuous actuation of the window switch
by a person. NHTSA also sought comments on requiring ARS for other
power windows, and explained that the agency could include such a
requirement in a final rule at the end of this rulemaking proceeding.
The agency provided estimates of the costs and benefits of the proposal
and a number of other regulatory alternatives. NHTSA also announced
that it would begin providing consumers with information regarding
which vehicles are equipped with ARS at http://www.safercar.gov by
October 2009.
In response to its proposal, NHTSA received comments from vehicle
manufacturer associations, suppliers, safety advocacy organizations,
members of Congress and individuals. Vehicle manufacturers supported
the proposal. In contrast, several safety advocacy organizations,
several suppliers, and a number of individuals urged that the agency
require ARS for all power windows. The members of Congress said that
they believed that the agency's proposal would not sufficiently achieve
the Congressional intent of protecting children and asked the agency to
review and take fully into account additional data submitted by
commenters about the frequency of injuries and deaths involving power
windows.
Before reaching a final decision, we carefully considered all of
the public comments. Among other things, we considered data from a
survey conducted for and submitted by a safety organization relating to
the incidence of minor injuries. We also considered cost estimates
provided by a supplier. In the NPRM, we noted that because the agency's
estimates of less severe injuries were primarily based on emergency
room data, those estimates likely represented a floor rather than a
ceiling. The survey data indicate that there are a substantial number
of minor injuries, although the survey does not allow us to estimate
the number of minor injuries on an annual basis.
We attempted to calculate the number of each type of injury based
on information from multiple sources, including mortality data,
hospital emergency department records, the agency's Special Crash
Investigations program, and survey information submitted during the
comment period. For the purpose of making these calculations, we
grouped power window injuries into two main categories.
First, there are a very small number of critical and fatal power
window injuries resulting from an occupant's (usually a young child)
being strangled or having his or her chest compressed when trapped by a
closing power window. Most of these critical and fatal injuries have
occurred in older vehicles with unsafe switches. They happened as a
result of an occupant's kneeling or leaning on a window switch in a
vehicle with unprotected window switches, causing inadvertent window
closings. This category of injuries has been addressed by our rules
requiring safer switches. New vehicles with safety switches are
steadily replacing the older vehicles without such switches, thus also
steadily eliminating this category of injuries.
Second, there is a much larger number of less serious, mostly
minor, injuries, most often resulting from a power window's closing on
a person's finger or hand. In these cases, the window is intentionally
activated (presumably by the driver). The most common injuries involve
the pinching of fingers.
Given our present understanding of the data about the nature,
source, and number of power window injuries, we believe that there are
very few fatalities or serious injuries that any additional
requirements for ARS could mitigate or prevent. They would instead
address primarily ``finger-pinch'' type injuries.
There is considerable uncertainty about benefits estimates,
particularly with respect to preventing or mitigating the less serious,
mostly minor, injuries involving a power window closing on a person's
finger or hand. The agency has no data to indicate just how effective
ARS is in reducing finger-pinch type injuries, because the number of
finger-pinch type injuries is not collected in any data source. While
the available information suggests that there may be a relatively large
number of these injuries, we do not know how many occur annually; the
survey results do not include or enable us to make a reliable estimate.
The only information we have about the severity of those injuries is
that in a survey respondent population of 1,001 people, 3 out of 33
people injured sometime in their lifetime indicated that they had
sought medical attention for a power window related injury, indicating
that this was a very minor injury for most. The company that conducted
the survey did not ask those respondents about the nature of their
injury, the type or model year of vehicle and the type of power window
involved, or the seating position they were occupying at the time of
their injury. Thus, we do not have clear information about the severity
or source of these injuries.
Further, there is substantial uncertainty as to the proper way of
valuing them for purposes of analyzing benefits and costs. For the
NPRM, we did not have a method for valuing the cost of minor, non-crash
injuries and so instead assumed values based on the comprehensive costs
for persons who are injured in crashes ($16,799 for person whose
maximum injury level was a minor injury). However, this approach had
the effect of overstating the value because the costs associated with a
person who experiences a minor ``finger-pinch'' type injury are not
comparable to the costs associated with a person who is injured in a
crash. In the latter situation, the person's entire body is typically
exposed to crash forces, and the average person experiencing minor
injuries in a crash has more than one such injury. The agency still
does not have a generally accepted method for valuing the much lower
cost of these more minor, non-crash injuries.
We also considered the possibility of people being entrapped
without being injured. While entrapment without an injury is
theoretically possible, e.g., in situations of partial window
enclosure, we are not aware of any evidence that this is an actual
problem.
In reaching a final decision regarding this rulemaking, we
considered the statutory provision providing that the Department is to
issue a final rule in this area only if it determines that additional
safety standards are reasonable, practicable, and appropriate.
After considering the comments and available data, we have
determined for the reasons stated above that there is not sufficient
information to make a determination at this time that a requirement for
ARS for power windows that do not already have this feature would, or
would not, be reasonable, practicable and appropriate. Such a rule
would be costly, but we cannot determine with any certainty whether the
costs would be reasonable given the potential benefits. Those benefits
would almost wholly consist of an uncertain number of minor injuries.
We also considered an alternative approach of requiring automakers
to continue their currently voluntary practice of providing ARS for
``express-up'' or ``one-touch closing'' power windows and to specifying
an ARS test requirement. The alternative we proposed included an ARS
test requirement based on a United Nations Economic Commission for
Europe (ECE) regulation (R21). We believe that this alternative, if
implemented, would result in minimal benefits and nearly no costs
because vehicle manufacturers are
[[Page 11417]]
already voluntarily equipping their ``express-up'' or ``one-touch
closing'' power windows with ARS that are either ECE compliant or
nearly ECE compliant.
We have also considered further whether safety would be materially
improved by adopting the proposed alternative that requires ARS for
express-up windows. Thus far, manufacturers have been voluntarily
providing ARS for all express up windows. There is no reason at present
to believe that vehicle manufacturers will discontinue this current
practice. Moreover, the benefits of specifying the ECE R21 test
requirement would be minimal. Given these considerations, adopting the
proposed rule would not, at present, advance the child safety goal of
the K. T. Safety Act. We do not read the statutory language to require
issuance of such a rule, and we have accordingly decided not to issue a
rule in this proceeding.
We plan to monitor power window designs on new vehicles and data
relevant to power window injuries. If a new entrant in the U.S. market
began importing vehicles with express up windows lacking ARS or if a
manufacturer discontinued its current voluntary practice of providing
ARS, we would reexamine our options.
The K. T. Safety Act specifies that if the Department does not
issue a rule requiring ARS for power windows, it must make available to
the public through the Internet and other means information indicating
which vehicles with power windows and/or panels are or are not equipped
with ARS. The Department has been or will be using several methods to
provide this information since October 2009. We have been using our
Five-Star safety rating program at http://www.safercar.gov to indicate
whether particular make-models have ARS. To improve this program and
help ensure that vehicles that are listed have effective ARS, we plan
to list vehicles as having ARS only if they have ECE compliant ARS (as
determined in a test procedure that in the near future we will place in
Docket number NHTSA--2006-26555--accessible at http://
www.regulations.gov) or the slightly more stringent ARS test
requirement that we developed for power windows systems that operate
when the key is not in the ignition.
We are also including general information about power window safety
in our ``Buying a Safer Car for Child Passengers'' brochure and at our
new Web site ``Keeping Kids Safe: Inside and Out''.\1\
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\1\ http://www.nhtsa.gov/Driving+Safety/Child+Safety/
Keeping+Kids+Safe:+Inside+&+Out.
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Based on the foregoing discussion, we are withdrawing our 2009
notice of proposed rulemaking published at 74 FR 45143 on September 1,
2009, and terminating rulemaking.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50 and 501.8.
Issued on: February 25, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-4734 Filed 2-28-11; 11:15 am]
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