[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29247-29249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11945]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2012-0058]
RIN 2127-AL07
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; technical amendments.
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SUMMARY: This final rule makes technical amendments to Federal Motor
Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection.
Specifically, this document updates references to the Pipeline and
Hazardous Materials Safety Administration (PHMSA) (formerly the
Research and Special Programs Administration) regulations that are
included in the requirements for pressure vessels and explosive devices
used in occupant crash protection systems, such as air bags. As a
result of various rulemakings that reorganized the relevant
regulations, the references contained in FMVSS No. 208 are out of date.
This final rule updates the references to the PHMSA regulations.
This document also makes a correction to the air bag warning label
requirements for vehicle dashboards and steering wheel hubs to make
clear that the general warning label requirements for vehicles with air
bags are superseded by different, specific requirements if the vehicle
is certified to meet certain advanced air bag requirements. As written
now, the general warning label requirements contain an explicit
exception for the warning label requirements for vehicles certified to
meet these advanced air bag requirements before December 1, 2003, but
do not reference the warning label requirements for vehicles certified
to meet these requirements on or after December 1, 2003.
This document does not make any substantive changes to the
requirements specified in FMVSS No. 208.
DATES: This rule is effective June 18, 2012.
Petitions for reconsideration must be received by July 2, 2012.
ADDRESSES: Petitions for reconsideration must be submitted to:
Administrator, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. William H. Shakely, Office of the
Chief Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
I. Discussion
FMVSS No. 208 (49 CFR 571.208) specifies requirements for the
protection of vehicle occupants in crashes and includes equipment
requirements for restraint systems. This document makes technical
amendments to several of the provisions within this standard,
specifically the requirements for pressure vessels and explosive
devices, which are located at S9.1 and S9.2, and the air bag warning
label requirements, which are located at S4.5.1.
S9.1 and S9.2 were promulgated in 1972 with the purpose of
regulating occupant crash protection systems, such as air bags, that
contain explosive materials or pressure vessels by imposing directly on
manufacturers the obligation to conform to Federal hazardous materials
regulations.\1\ S9.1 specifies that pressure vessels shall conform to
certain requirements for Specification 39 non-reusable (non-refillable)
cylinders found at 49 CFR 178.65. S9.2 specifies requirements for
explosive devices and, in particular, requires that such devices not
exhibit any of the characteristics prohibited by the Federal regulation
listing forbidden explosives, which, at the time S9.2 was adopted, was
found at 49 CFR 173.51.
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\1\ 37 FR 9222 (May 6, 1972).
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Since S9.1 and S9.2 were adopted, the hazardous materials
regulations referenced in these paragraphs have
[[Page 29248]]
been reorganized and, in some cases, relocated. On December 21, 1990,
the regulation listing forbidden explosives (49 CFR 173.51) was
redesignated as 49 CFR 173.54.\2\ On May 23, 1996, the pressure vessel
requirements in 49 CFR 178.65 were reorganized,\3\ and on August 8,
2002, a subreferenced provision concerning pressure relief devices (49
CFR 173.34(d)) was moved into 49 CFR 173.301.\4\
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\2\ Final Rule; Performance-Oriented Packaging Standards;
Changes to Classification, Hazard Communication, Packaging and
Handling Requirements Based on UN Standards and Agency Initiative,
55 FR 52402 (Dec. 21, 1990).
\3\ Final Rule; Restructuring of Cylinder Specifications
Requirements, 61 FR 25940 (May 23, 1996).
\4\ Final Rule; Hazardous Materials: Requirements for
Maintenance, Requalification, Repair and Use of DOT Specification
Cylinders, 67 FR 51626 (Aug. 8, 2002). 49 CFR 173.301 includes
additional requirements beyond those for pressure relief devices.
Accordingly, the regulatory text of S9.1 has been amended in this
final rule so that only the pressure relief device requirements of
that section are referenced.
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As a result of these reorganizations, the references in FMVSS No.
208 are no longer accurate. This notice updates the references
contained in S9.1 and S9.2 of this standard. It does not make any
substantive changes to the requirements specified therein. In
particular, we note that when the hazardous materials regulations
referenced in S9.1 and S9.2 were reorganized or redesignated, minor
textual changes were made to those referenced sections. However, these
textual changes did not result in any substantive changes. Accordingly,
the substantive requirements of S9.1 and S9.2 remain the same.
The need to correct the references in S9.1 of FMVSS No. 208 was the
subject of a petition for rulemaking submitted by the North American
Automotive Hazardous Material Action Committee on October 7, 2004. That
organization specifically petitioned NHTSA to update paragraph S9.1 of
FMVSS No. 208. This document grants that petition. We had also
previously been contacted by a representative of Takata Corporation
concerning this matter.
In addition to updating the references in S9.1 and S9.2, this final
rule makes a technical amendment to S4.5.1(e) of FMVSS No. 208, which
specifies requirements for air bag warning labels on vehicle dashboards
and steering wheel hubs. S4.5.1(e)(1) specifies label requirements for
all vehicles equipped with air bags except as provided in S4.5.1(e)(2).
S4.5.1(e)(2) specifies label requirements for vehicles certified to
meet certain advanced air bag requirements before December 1, 2003.
S4.5.1(e) contains a third set of label requirements in S4.5.1(e)(3),
which specifies the label requirements for vehicles certified to meet
the specified advanced air bag requirements on or after December 1,
2003. However, the text of S4.5.1(e)(1) does not include an exception
for S4.5.1(e)(3).
On January 25, 2005, we received a request for interpretation from
Toyota Motor North America, Inc. (Toyota) concerning S4.5.1(e).\5\
Toyota's concern was that S4.5.1(e)(1) makes an exception for
S4.5.1(e)(2) but not for S4.5.1(e)(3). Arguably, as written, both
S4.5.1(e)(1) and S4.5.1(e)(3) would apply to vehicles certified to meet
certain advanced air bag requirements on or after December 1, 2003.
Toyota indicated its belief that it was not NHTSA's intention to
require vehicles to have both labels, which are very similar.
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\5\ Docket No. NHTSA-2005-20694-0002.
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We responded to Toyota's request for interpretation on March 14,
2005.\6\ We confirmed Toyota's understanding and agreed that it was not
the agency's intention to require vehicles to have both types of
labels. We indicated that the agency intended for the labeling
requirements in S4.5.1(e)(2) and S4.5.1(e)(3) to supersede the labeling
requirement in S4.5.1(e)(1) for vehicles certified to meet certain
advanced air bag requirements and stated that the exception identified
in S4.5.1(e)(1) should include both S4.5.1(e)(2) and S4.5.1(e)(3). This
amendment adds S4.5.1(e)(3) as an exception to the requirements of
S4.5.1(e)(1), consistent with our letter of interpretation to Toyota.
This is a technical correction and does not change any of the
substantive labeling requirements.
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\6\ Docket No. NHTSA-2005-20694-0001.
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II. Rulemaking Analyses and Notices
Section 553 of the Administrative Procedure Act (5 U.S.C. 553)
provides that when an agency, for good cause, finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a final rule without providing
notice and an opportunity for public comment (5 U.S.C. 553(b)(B)).
NHTSA has determined that there is good cause for making these
technical amendments final without notice and an opportunity for public
comment. These technical amendments update the cross-references to
Federal hazardous materials regulations in paragraphs S9.1 and S9.2 of
FMVSS No. 208 and correct the language in paragraph S4.5.1(e) of that
standard. The amendments do not alter the substance of the amended
sections nor do they alter the requirements of FMVSS No. 208.
Accordingly, notice and public comment are unnecessary. For the same
reasons, NHTSA has determined that there is good cause for these
amendments to go into effect 30 days after publication in the Federal
Register.
The agency has discussed the relevant requirements of Executive
Order 12866, Executive Order 13563, DOT Regulatory Policies and
Procedures, the National Environmental Policy Act, the Regulatory
Flexibility Act, Executive Order 13132 (Federalism), Executive Order
12988 (Civil Justice Reform), the Unfunded Mandates Reform Act, the
Paperwork Reduction Act, Executive Order 13045 (Protection of Children
From Environmental Health and Safety Risks), the National Technology
Transfer and Advancement Act, and Executive Order 13211(Energy
Effects), as applicable, in the underlying substantive rules
establishing and amending the affected sections of FMVSS No. 208. Those
discussions are not affected by these amendments.
Regulatory Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.
For the reasons stated in the preamble, the National Highway
Traffic Safety Administration, Department of Transportation, amends 49
CFR part 571 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
[[Page 29249]]
Authority: 49 USC 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.208 is amended by revising the first sentence of
S4.5.1(e)(1), S9.1, and the first sentence of S9.2 to read as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
S4.5.1 Labeling and owner's manual information.
* * * * *
(e) Label on the dashboard. (1) Except as provided in S4.5.1(e)(2)
or S4.5.1(e)(3), each vehicle that is equipped with an inflatable
restraint for the passenger position shall have a label attached to a
location on the dashboard or the steering wheel hub that is clearly
visible from all front seating positions. * * *
* * * * *
S9.1 Pressure vessels. A pressure vessel that is continuously
pressurized shall conform to the requirements of Sec. Sec. 178.65(a),
178.65(c)(2), 178.65(d), 178.65(e)(1), and 178.65(e)(2) of this title;
and to the pressure relief device requirements of Sec. Sec.
173.301(a)(2), 173.301(a)(3) and 173.301(f) of this title. It shall not
leak or evidence visible distortion when tested in accordance with
Sec. 178.65(f)(1) of this title and shall not fail in any of the ways
enumerated in Sec. 178.65(f)(2) of this title when hydrostatically
tested to destruction. It shall not crack when flattened in accordance
with Sec. 178.65(g) of this title to the limit specified in Sec.
178.65(g)(4) of this title.
S9.2 Explosive devices. An explosive device shall not exhibit any
of the characteristics prohibited by Sec. 173.54 of this title. * * *
* * * * *
Issued: May 10, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2012-11945 Filed 5-16-12; 8:45 am]
BILLING CODE 4910-59-P