Federal Motor Vehicle Safety Standards; Seat Belt Assembly Anchorages |
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Topics: National Highway Traffic Safety Administration, Federal Motor Vehicle Safety Standards
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Patricia P. Breslin
Federal Register
July 13, 1994
[Federal Register: July 13, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 94-57; Notice 01]
RIN 2127-AF33
Federal Motor Vehicle Safety Standards; Seat Belt Assembly
Anchorages
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of Proposed rulemaking.
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SUMMARY: This notice proposes to amend Standard No. 210 to require the
installation of anchorages for either a Type 1 or a Type 2 seat belt
assembly at any seating position for which Standard No. 208 requires
the installation of a Type 1 or a Type 2 seat belt. Anchorages required
by Standard No. 210 must meet the strength, location and other
performance requirements of that standard. Currently, S4.1.2 of
Standard No. 210 requires the installation of an anchorage for a Type 1
or a Type 2 seat belt assembly for all designated seating positions,
except positions already required by section 4.1.1 of Standard No. 210
to have an anchorage for a Type 2 seat belt assembly and except
passenger seats in buses. The practical effect of Standard No. 210's
not requiring anchorages for the bus passenger seats is that the
anchorages for the Type 1 seat belt assemblies required at passenger
seats in small buses are not currently required to comply with the
performance requirements of that Standard. This notice will correct
this oversight.
DATES: Comment date: Comments must be received by September 12, 1994.
Proposed effective date: If adopted, the proposed amendments would
become effective 30 days following publication of the final rule.
ADDRESSES: Comments should refer to the docket and notice number of
this notice and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh Street, SW,
Washington, DC 20590. (Docket Room hours are 9:30 a.m.-4 p.m., Monday
through Friday.)
FOR FURTHER INFORMATION CONTACT: Mr. Clarke Harper, Office of Vehicle
Safety Standards, NRM-12, National Highway Traffic Safety
Administration, 400 Seventh Street, SW, Washington, DC 20590.
Telephone: (202) 366-4916.
SUPPLEMENTARY INFORMATION: On November 2, 1989, NHTSA published a final
rule amending Standard No. 208, Occupant Crash Protection, to require
the installation of Type 2 (lap/shoulder) seat belts at all forward-
facing rear outboard seating positions in all vehicles with a gross
vehicle weight rating (GVWR) of 10,000 pounds or less, other than
school buses (54 FR 46257). The final rule also required Type 2 seat
belts at all front outboard seating positions in small buses and Type 1
(lap) seat belts at all other seating positions in small buses.
In the preamble to the final rule, effective September 1, 1991, the
agency stated that it did not need to amend Standard No. 210, Seat Belt
Assembly Anchorages, to require the installation of anchorages for Type
2 seat belt assemblies at the affected seating positions because S4.1.1
already required the installation of anchorages for a Type 2 seat belt
assembly whenever Standard No. 208 required the installation of a Type
2 seat belt.
In making this statement, the agency overlooked the exceptions in
S4.1.2 of Standard No. 210. That section requires the installation of
anchorages for a Type 1 or a Type 2 seat belt assembly for all
designated seating positions, except positions required to have an
anchorage for a Type 2 seat belt assembly and except for passenger
seats in buses. Thus, the anchorages for the Type 1 seat belt
assemblies required at passenger seats in small buses by the November
2, 1989 final rule are not currently required to comply with Standard
No. 210. To correct this oversight, this notice proposes to amend
Standard No. 210 to require the installation of anchorages for either a
Type 1 or a Type 2 seat belt assembly at any seating position for which
Standard No. 208 requires the installation of a Type 1 or a Type 2 seat
belt.
Since NHTSA believes that the anchorages currently being installed
by the manufacturers comply with the requirements of Standard No. 210,
NHTSA is proposing that if this proposal is adopted as a final rule, it
would become effective 30 days after publication.
The agency proposes to simplify the language of S4.1 and to reword
it to eliminate the possibility of similar oversights in the future.
The proposed regulatory language in this notice combines the
requirements of current S4.1.1 and S4.1.2 into one section. Further, it
makes clear that anchorages for either a Type 1 or a Type 2 seat belt
assembly are required whenever Standard No. 208 requires either a Type
1 or a Type 2 seat belt assembly. This change will eliminate the need
for further amendment of Standard No. 210 if the seat belt requirements
of Standard No. 208 are amended in the future.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking document was not reviewed under E.O. 12866,
``Regulatory Planning and Review.'' NHTSA has considered the impact of
this rulemaking action under the Department of Transportation's
regulatory policies and procedures and determined that the action is
not ``significant'' under those policies and procedures. While these
anchorages are not currently required to comply with Standard No. 210,
NHTSA believes that manufacturers do design these anchorages to comply
with these requirements. Thus, NHTSA does not expect any impact from
this proposed rule. Therefore, preparation of a full regulatory
evaluation is not warranted.
Regulatory Flexibility Act
NHTSA has also considered the impacts of this notice under the
Regulatory Flexibility Act. I hereby certify that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. As explained above, NHTSA does not anticipate any
impact from this proposed rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (P.L. 96-
511), there are no requirements for information collection associated
with this proposed rule.
National Environmental Policy Act
NHTSA has also analyzed this proposed rule under the National
Environmental Policy Act and determined that it would not have a
significant impact on the human environment.
Executive Order 12612 (Federalism)
NHTSA has analyzed this proposal in accordance with the principles
and criteria contained in E.O. 12612, and has determined that this
proposed rule would not have significant federalism implications to
warrant the preparation of a Federalism Assessment.
Civil Justice Reform
This proposed rule would not have any retroactive effect. Under 49
U.S.C. 30103, 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. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. This section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
Submission of Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR Part 512.
All comments received before the close of business on the comment
closing date indicated above for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. Comments on the proposal
will be available for inspection in the docket. The NHTSA will continue
to file relevant information as it becomes available in the docket
after the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
In consideration of the foregoing, it is proposed that 49 CFR Part
571 be amended as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 of Title 49 would be revised
to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.210 [Amended]
2. Section 571.210 would be amended by revising S4.1.1, removing
existing S4.1.2, redesignating existing S4.1.3(a) as S4.1.2(a) and
redesignating existing S4.1.3(b) as S4.1.2(b) and revising it, to read
as follows:
Sec. 571.210 Standard No. 210; Seat belt assembly anchorages.
* * * * *
S4.1.1 Seat belt anchorages for a Type 1 or a Type 2 seat belt
assembly shall be installed for each designated seating position for
which a Type 1 or a Type 2 seat belt assembly is required by Standard
No. 208 (49 CFR 571.208). Seat belt anchorages for a Type 2 seat belt
assembly shall be installed for each designated seating position for
which a Type 2 seat belt assembly is required by Standard No. 208 (49
CFR 571.208).
S4.1.2(a) * * *
(b) The requirement in S4.1.1 of this standard that seat belt
anchorages for a Type 1 or a Type 2 seat belt assembly shall be
installed for certain designated seating positions does not apply to
any such seating positions that are equipped with a seat belt assembly
that meets the frontal crash protection requirements of S5.1 of
Standard No. 208 (49 CFR 571.208).
* * * * *
Issued on July 7, 1994.
Patricia P. Breslin,
Acting Associate Administrator for Rulemaking.
[FR Doc. 94-16912 Filed 7-12-94; 8:45 am]
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