[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21850-21853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08356]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2011-0185]
RIN 2127-AL25
Federal Motor Vehicle Safety Standards; Matters Incorporated by
Reference
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; response to petition for reconsideration; technical
corrections.
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SUMMARY: On January 6, 2012, NHTSA published a final rule updating and
consolidating all of the references to the many standards and practices
that are incorporated by reference into the Federal motor vehicle
safety standards (FMVSSs). Additionally, the final rule removed an
obsolete FMVSS, No. 208a, as well as various obsolete provisions in
other FMVSSs.
The agency received a petition for reconsideration of that final
rule from the Alliance of Automobile Manufacturers. The petitioner
asserts that the amendments to one FMVSS are not based on the latest
version of that FMVSS and further asserts that several references to
standards are out of date or contain minor omissions. The petitioner
requests that technical amendments be made to address these issues.
In response to the petition, this document amends certain
paragraphs in FMVSS No. 202a to reflect the substantive language of the
FMVSS in effect before the effective date of the January 6, 2012 final
rule, with the addition of the cross-references to the
[[Page 21851]]
consolidated list of materials incorporated by reference. The agency is
denying the other requests made in the petition. This document also
makes technical amendments to correct minor errors in the consolidated
list of incorporated material and some of the FMVSS sections that
reference this list.
DATES: The effective date of this final rule is May 13, 2013. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of February 6,
2012.
Petitions for reconsideration must be received by May 28, 2013.
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: You may contact William H. Shakely of
the NHTSA Office of Chief Counsel, NCC-112, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
Telephone: (202) 366-2992; Facsimile: (202) 366-3820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Petition for Reconsideration and Agency's Response
A. Amendments to FMVSS No. 202a
B. Reference to ASTM E274-65T in FMVSS Nos. 208 and 301
C. Clarifying Correction to 1985 Annual Book of ASTM Standards
Citation
III. Corrections to FMVSS Nos. 121 and 209
IV. Rulemaking Analyses and Notices
I. Background
On January 6, 2012, NHTSA published a final rule updating and
consolidating all of the references to the many standards and practices
that are incorporated by reference into the Federal motor vehicle
safety standards (FMVSSs) in 49 CFR Part 571 (Part 571).\1\ Although
this part already contained a section regarding publications
incorporated by reference, the list in that section was incomplete and
had not been updated regularly. Instead, in many cases, materials had
been incorporated piecemeal into individual FMVSSs throughout Part 571.
The January 6, 2012 final rule moved those scattered references into
the centralized list so that it contains all of the references for the
entire Part 571.
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\1\ 77 FR 751 (Jan. 6, 2012); Docket No. NHTSA-2011-0185-0001.
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Additionally, the final rule removed one obsolete FMVSS, No. 208a,
as well as various obsolete provisions in other FMVSSs. Those
provisions were applicable to vehicles and equipment manufactured
before dates that had already passed and were no longer needed in the
Code of Federal Regulations (CFR).
II. Petition for Reconsideration and Agency's Response
The agency received a petition for reconsideration from the
Alliance of Automobile Manufacturers (Alliance) on February 21,
2012.\2\ The petition asserts that the amendments to one FMVSS were not
based on the latest version of a standard incorporated by reference.
The petition further asserts that several references to standards are
out of date or contain minor omissions. The petition requests that
amendments to the regulatory text be made to address these issues.
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\2\ Alliance Petition for Reconsideration, Docket No. NHTSA-
2011-0185-0002.
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As described below in the Rulemaking Analyses and Notices section,
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
requires agencies to review existing rules to determine if they are
outmoded, ineffective, insufficient, or excessively burdensome.
Pursuant to this Executive Order, the agency conducted a detailed
review of the January 6, 2012 final rule, including the provisions
identified by the Alliance's petition, and identified several technical
errors that this document corrects.
A. Amendments to FMVSS No. 202a
The Alliance petition states that FMVSS No. 202a, Head
Restraints,\3\ was amended in a final rule published on November 2,
2010.\4\ However, the petition asserts that the amendments to FMVSS No.
202a in the January 6, 2012 final rule regarding incorporation by
reference appear to be based on the regulatory text in effect before
the effective date of the November 2, 2010 final rule. The Alliance
requests that FMVSS No. 202a be amended to reflect the amendments made
in the November 2, 2010 final rule.
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\3\ There are currently two FMVSSs for head restraints: FMVSS
No. 202, which applies to vehicles manufactured before September 1,
2009, and FMVSS No. 202a, which applies to vehicles manufactured on
or after September 1, 2009.
\4\ 75 FR 67233 (Nov. 2, 2010). The effective date of this final
rule was January 3, 2011.
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Agency Response--The agency is granting the Alliance's request. The
amendments made by the January 6, 2012 final rule inadvertently relied
on out-of-date regulatory text for FMVSS No. 202a. This document amends
the relevant paragraphs to reflect the amendments made to the standard
by the November 2, 2010 final rule.
B. Reference to ASTM E274-65T in FMVSS Nos. 208 and 301
The Alliance petition states that both FMVSS No. 208, Occupant
Crash Protection, and FMVSS No. 301, Fuel System Integrity, reference
ASTM E274-65T, ``Tentative Method of Test for Skid Resistance of
Pavements Using a Two-Wheel Trailer.'' The Alliance asserts that ASTM
E274-65T was a ``tentative'' test protocol at one time and has since
been superseded, with the current version being ASTM E274/E274M-11,
``Standard Test Method for Skid Resistance of Paved Surfaces Using a
Full-Scale Tire.'' The Alliance requests that NHTSA update the
appropriate references in FMVSS Nos. 208 and 301 (including the
laboratory test procedures) and 49 CFR 571.5 to reference the current
version of the standard.
Agency Response--NHTSA is denying the Alliance's request to update
the version of ASTM E274 referenced in FMVSS Nos. 208 and 301. The
January 6, 2012 final rule made technical amendments that did not
substantively alter or remove from Part 571 any of the existing
incorporations by reference in that Part, except for those publications
only referenced in the obsolete requirements that were removed from the
CFR. For this reason, the agency determined that it was not necessary
to provide an opportunity for public comment. However, we believe that
the incorporation by reference of a different version of standard, like
ASTM E274-11/E274M-11, is beyond the scope of this rulemaking and would
likely require an opportunity for public comment. Accordingly, we are
denying the Alliance's request.
The agency further notes that the only rationale offered by the
Alliance for incorporating a different version of ASTM E274 into FMVSS
Nos. 208 and 301 is the fact that the recommended version is the
current version of the standard. The Alliance provided neither
comparative information regarding the different versions of the
standard nor information on how incorporation of the current version
would affect (or not affect) the requirements of FMVSS Nos. 208 and
301.
Reviewing the Alliance's request and the relevant sections of Part
571, the agency notes that FMVSS No. 301 was not listed as one of the
sections incorporating ASTM E274-65T by reference in the consolidated
list of material incorporated by reference nor was a cross-reference to
the consolidated list included in FMVSS
[[Page 21852]]
No. 301. This notice amends the relevant sections to reflect this
incorporation by reference.
C. Clarifying Correction to 1985 Annual Book of ASTM Standards Citation
The Alliance petition states that clarification should be provided
for several references to the 1985 Annual Book of ASTM Standards, Vol.
05.04, ``Test Methods for Rating Motor, Diesel, Aviation Fuels, A2.
Reference Materials and Blending Accessories, (``ASTM Motor Fuels
section''),'' A2.3.2, A2.3.3, and A2.7. Specifically, the Alliance
requests that the citation in the consolidated list of material
incorporated by reference be amended to read as follows (the underlined
text indicates text suggested by the Alliance), Section I of the 1985
Annual Book of ASTM Standards, Vol. 05.04, ``Test Methods for Rating
Motor, Diesel, Aviation Fuels, A2. Reference Materials and Blending
Accessories, (``ASTM Motor Fuels section''),'' A2.3.2, A2.3.3, and A2.7
of Annex 2. The Alliance further requests that the citation in
paragraph S5.1.1.1(d) of FMVSS No. 205(a) be amended to include the
following underlined text ``A2.7 in the ASTM Motor Fuels section Annex
2 * * *.''
Agency Response--The agency is denying the Alliance's request to
amend these citations. The regulations regarding incorporation by
reference require that the language incorporating a publication by
reference must be as precise as possible.\5\ Prior to the January 6,
2012 final rule, the material was cited as located in ``Annex 2'' of
``Motor Fuels, Section 1'' of the 1985 Annual Book of ASTM standards.
However, after examining the agency's copy of the standard, the
reference was slightly edited in the final rule to reflect precisely
the title of the relevant material and its location.
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\5\ 1 CFR 51.9.
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We note that although the portion of Volume 05.04 referenced may be
known as Annex 2 of ``Motor Fuels, Section 1''or listed as Annex 2
elsewhere, the precise title of that portion is ``A2. Reference
Materials and Blending Accessories.'' The citation clarifies that A2 is
associated with the Motor Fuels section of the volume so as not to
confuse it with the annexes to other sections (e.g., aviation fuel).
The Alliance petition did not provide any additional information as to
why the requested amendments were necessary to identify the material
incorporated by reference nor did the petition identify any error or
potential confusion associated with the amended citation. Based on the
foregoing, the agency is denying this request.
III. Corrections to FMVSS Nos. 121 and 209
This document adds a cross-reference to Section 571.5 in FMVSS No.
121, Air Brake Systems, and makes minor corrections to the citation
format of two ASTM standards incorporated by reference. This document
also deletes an extra period in FMVSS No. 209, Seat Belt Assemblies.
IV. Rulemaking Analyses and Notices
We have considered the impact of this rulemaking action under
Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' and the
Department of Transportation's regulatory policies and procedures. This
rulemaking document was not reviewed by the Office of Management and
Budget under those two Executive Orders. This rule makes several minor
changes to the regulatory text of FMVSS Nos. 121, 202a, 209, and 301,
as well as to the consolidated list of materials incorporated by
reference in 49 CFR 571.5. This rule does not increase the regulatory
burden on manufacturers. It has been determined to be not
``significant'' under Executive Order 12866 and the Department of
Transportation's regulatory policies and procedures.
Executive Order 13563 also requires agencies to review existing
rules to determine if they are outmoded, ineffective, insufficient, or
excessively burdensome. Pursuant to this Executive Order, the agency
conducted a detailed review of the final rule, including the provisions
identified by the Alliance's petition, and identified several
additional technical errors that this document corrects.
The agency has discussed the relevant requirements of the Vehicle
Safety Act, 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 various sections of Part 571. Those
discussions are not affected by these amendments.
Effective Date
We are making the amendments effective 30 days after publication of
this document. Section 30111(d) of title 49, United States Code,
provides that a FMVSS may not become effective before the 180th day
after the standard is prescribed or later than one year after it is
prescribed except when a different effective date is, for good cause
shown, in the public interest. These amendments do not impose new
requirements on manufacturers, but instead make amendments to the
regulatory text of several FMVSSs and the list of materials
incorporated by reference to correct minor errors. Therefore, good
cause exists for these amendments to be made effective before the 180th
day after issuance of this final rule.
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
Imports, Incorporation by reference, Motor vehicle safety,
Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, NHTSA amends 49 CFR part 571 as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for 49 CFR part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.
0
2. Amend Sec. 571.5 by revising paragraph (d)(28) to read as follows:
[[Page 21853]]
Sec. 571.5 Matter incorporated by reference.
* * * * *
(d) * * *
(28) ASTM E274-65T, ``Tentative Method of Test for Skid Resistance
of Pavements Using a Two-Wheel Trailer,'' issued 1965, into Sec. Sec.
571.208; 571.301.
* * * * *
0
3. Amend Sec. 571.121 by revising paragraph S5.3.6.1 to read as
follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S5.3.6.1 Using a full-treadle brake application for the duration of
the stop, stop the vehicle from 30 mph or 75 percent of the maximum
drive-through speed, whichever is less, on a 500-foot radius curved
roadway with a wet level surface having a peak friction coefficient of
0.5 when measured on a straight or curved section of the curved roadway
using an ASTM E1136-93 (Reapproved 2003) (incorporated by reference,
see Sec. 571.5) standard reference tire, in accordance with ASTM
E1337-90 (Reapproved 2008) (incorporated by reference, see Sec.
571.5), at a speed of 40 mph, with water delivery.
* * * * *
0
4. Amend Sec. 571.202a by revising paragraph S5 and paragraph S5.3.4
to read as follows:
Sec. 571.202a Standard No. 202a; Head restraints; Mandatory
applicability begins on September 1, 2009.
* * * * *
S5 Procedures. Demonstrate compliance with S4.2 through S4.4 of
this section as follows. The positions of seat adjustment specified in
S5 and S5.1 are conditions to be met concurrently and are not a
sequential list of adjustments. Any adjustable lumbar support is
adjusted to its most posterior nominal design position. If the seat
cushion adjusts independently of the seat back, position the seat
cushion such that the highest H-point position is achieved with respect
to the seat back, as measured by SAE Standard J826 JUL95 (incorporated
by reference, see Sec. 571.5) manikin, with leg length specified in
S10.4.2.1 of Sec. 571.208 of this Part. If the specified position of
the H-point can be achieved with a range of seat cushion inclination
angles, adjust the seat inclination such that the most forward part of
the seat cushion is at its lowest position with respect to the most
rearward part. All tests specified by this standard are conducted with
the ambient temperature between 18 degrees C. and 28 degrees C.
* * * * *
S5.3.4 Seat Adjustment. The following seat adjustments specify
conditions to be met concurrently and are not a sequential list of
adjustments. At each outboard designated seating position, using any
control that primarily moves the entire seat vertically, place the seat
in the lowest position. Using any control that primarily moves the
entire seat in the fore and aft directions, place the seat midway
between the forwardmost and rearmost position. If an adjustment
position does not exist midway between the forwardmost and rearmost
positions, the closest adjustment position to the rear of the midpoint
is used. Adjust the seat cushion and seat back as required by S5 of
this section. If the seat back is adjustable, it is set at an
inclination position closest to 25 degrees from the vertical, as
measured by SAE Standard J826 JUL95 (incorporated by reference, see
Sec. 571.5) manikin. If there is more than one inclination position
closest to 25 degrees from the vertical, set the seat back inclination
to the position closest to and rearward of 25 degrees. If the head
restraint is adjustable, adjust the top of the head restraint to a
position midway between the lowest position of adjustment and the
highest position of adjustment. If an adjustment position midway
between the lowest and the highest position does not exist, adjust the
head restraint to a position below and nearest to midway between the
lowest position of adjustment and the highest position of adjustment.
* * * * *
0
5. Amend Sec. 571.209 by revising the introductory text of paragraph
S5.2(j)(2)(iii) to read as follows:
Sec. 571.209 Standard No. 209; Seat belt assemblies.
* * * * *
S5.2 * * *
(j) * * *
(2) * * *
(iii) Dynamic tests: Each acceleration pulse shall be recorded
using an accelerometer having a full scale range of 10 g
and processed according to the practices set forth in SAE Recommended
Practice J211-1 DEC2003 (incorporated by reference, see Sec. 571.5)
Channel Frequency Class 60. The webbing shall be positioned at 75
percent extension, and the displacement shall be measured using a
displacement transducer. For tests specified in S5.2(j)(2)(iii)(A) and
(B), the 0.7 g acceleration pulse shall be within the acceleration-time
corridor shown in Figure 8 of this standard.
* * * * *
0
6. Amend Sec. 571.301 by revising paragraph S7.5.4 to read as follows:
Sec. 571.301 Standard No. 301; Fuel system integrity.
* * * * *
S7.5.4 The concrete surface upon which the vehicle is tested is
level, rigid, and of uniform construction, with a skid number of 75
when measured in accordance with ASTM E274-65T (incorporated by
reference, see Sec. 571.5) at 64 km/h, omitting water delivery as
specified in paragraph 7.1 of that method.
* * * * *
Issued on: April 4, 2013.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2013-08356 Filed 4-11-13; 8:45 am]
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