Occupant Crash Protection; Denial of Petition for Rulemaking Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 27 January 1995 Subject: American Government • Safety

[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Proposed Rules]
[Pages 5345-5346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2116]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571


Occupant Crash Protection; Denial of Petition for Rulemaking

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Denial of petition for rulemaking.

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SUMMARY: This document announces the denial of a petition for 
rulemaking submitted by the Institute for Injury Reduction (IIR). The 
petitioner requested ``rulemaking or other action'' to require 
manufacturers to provide a specific warning for occupants to use lap 
belts in new vehicles with automatic safety belts. However, under a new 
statutory requirement, automatic safety belts are rapidly being 
replaced by the combination of air bags and manual lap/shoulder belts. 
Hence, the agency expects any safety concerns with automatic safety 
belts to become moot. Therefore, the petition is denied.

FOR FURTHER INFORMATION CONTACT: Mr. Dan Cohen, Chief, Office of 
Vehicle Safety Standards, National Highway [[Page 5346]] Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590. 
Telephone: (202) 366-2264.

SUPPLEMENTARY INFORMATION: NHTSA received a petition for rulemaking 
from the Institute for Injury Reduction (IIR). The petitioner requested 
``appropriate rulemaking or other action leading to the issuance * * * 
of a lap-belt-use warning requirement covering new vehicles sold in the 
United States and equipped with `automatic' shoulder belts in any 
position.''
    IIR argued that an automatic shoulder/manual lap belt restraint 
system often provides less protection in a crash than a fully manual 
shoulder/lap belt restraint system. According to the petitioner, ``a 
significant hazard of the former system is the overall propensity for 
ejection due to the non-use of the lap belt in conjunction with the 
automatic shoulder belt.'' The petitioner requested that NHTSA require 
a warning that an automatic shoulder belt is not to be used without a 
lap belt, and that the agency ``develop appropriate minimum performance 
standards specifying warning language and location, or criteria.''
    NHTSA notes that it previously responded to a petition for 
rulemaking related to the subject of non-use of manual lap belts in 
conjunction with automatic shoulder belts. On September 9, 1993, NHTSA 
published (58 FR 47427) a notice denying a petition requesting that a 
warning light be required to indicate when lap belts in vehicles with 
automatic safety belts are not fastened. That petition had been 
submitted by Mr. Mark Goodson.
    Like IIR, Mr. Goodson was concerned that if the person using an 
automatic safety belt does not engage the lap belt, the benefits of a 
three point restraint are reduced, and the person risks personal injury 
should a collision occur. Mr. Goodson recommended the addition of a 
warning light to remind users to engage the lap belt.
    In denying Mr. Goodson's petition, NHTSA cited the fact that 
automatic belts are rapidly being replaced by the combination of air 
bags and manual lap/shoulder belts. Under the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA), all passenger cars and 
light trucks must provide automatic crash protection by means of air 
bags, beginning in the late 1990's.
    More specifically, as explained in NHTSA's final rule implementing 
that part of ISTEA, at least 95 percent of each manufacturer's 
passenger cars manufactured on or after September 1, 1996 and before 
September 1, 1997 must be equipped with an air bag and a manual lap/
shoulder belt at both the driver's and right front passenger's seating 
position. Every passenger car manufactured on or after September 1, 
1997 must be so equipped. The same requirement for light trucks is 
being phased in beginning on September 1, 1997. See 58 FR 46551, 
September 2, 1993.
    Prior to the enactment of ISTEA, manufacturers had been permitted 
under Standard No. 208, Occupant Crash Protection, to provide automatic 
crash protection by means of air bags or automatic belts. The automatic 
crash protection requirements for cars have been in effect since the 
late 1980's; the requirements began to be phased in for light trucks on 
September 1, 1994.
    Manufacturers are in fact moving more quickly toward providing air 
bags than required by ISTEA. Ninety-nine percent of model year 1995 
passenger cars are equipped with driver-side air bags, and about 87 
percent are also equipped with passenger-side air bags. Moreover, in 
meeting the automatic crash protection phase-in requirements for light 
trucks, manufacturers are going directly to air bags rather than taking 
the interim step of installing automatic belts.
    In the notice denying Mr. Goodson's petition, NHTSA stated that it 
expects any safety concerns with two-point automatic belts to become 
moot as automatic belts are replaced by air bags with manual lap/
shoulder belts. The agency indicated that, given the limited time until 
automatic belts are replaced by air bags, it believes that any problems 
can be addressed by public education efforts. NHTSA noted that on 
October 5, 1992, it issued a news release stating that ``drivers and 
passengers of cars equipped with front-seat automatic shoulder belts 
should also use the manual lap belt for maximum protection.'' The 
agency stated that it would continue to periodically remind consumers 
of the need to wear the manual lap belt which accompanies some forms of 
automatic belts.
    NHTSA believes that the same rationale for denying Mr. Goodson's 
petition also applies to the IIR petition. In fact, the time until 
automatic belts are replaced by air bags is even more limited. By the 
time the agency completed any rulemaking to require a specific warning, 
it is unlikely that any vehicles would be subject to the requirement. 
Therefore, such a rulemaking would not result in any safety benefits. 
Accordingly, the agency finds that there is not a reasonable 
possibility that the requested rule would be issued at the conclusion 
of a rulemaking proceeding.
    The agency continues to believe that any problems in this area can 
be addressed by public education efforts. This is true for both the 
small number of new vehicles that will be produced with two-point 
automatic belts and for the existing vehicles incorporating this 
design. NHTSA notes that its consumer information pamphlet entitled 
``Safety Belts Proper Use'' includes the following statement:

    In some vehicles, the shoulder belt comes across your chest 
automatically, but the lap belt must be buckled manually. If your 
vehicle has a manual lap belt, it must be buckled for maximum 
protection. Use the complete system the manufacturer installed in 
your vehicle and follow the instructions provided in the owner's 
manual.

    NHTSA shares IIR's concern about the need for occupants to fully 
utilize the crash protection equipment provided by manufacturers, 
whether the manual lap belt provided with some automatic belts or the 
manual lap/shoulder belts being provided with air bags. The agency will 
continue its public education efforts in these areas.
    For the reasons discussed above, the agency is denying the IIR 
petition.

    Authority: 49 U.S.C. 30103 and 30162; delegations of authority 
at 49 CFR 1.50 and 501.8.

    Issued on: January 23, 1995.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-2116 Filed 1-26-95; 8:45 am]
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