a. Existing and Future Vehicles-in-Use.
On November 11, 1997, NHTSA published in the Federal Register (62 FR 62406) a final rule exempting, under certain conditions, motor vehicle dealers and repair businesses from the "make inoperative" prohibition in 49 U.S.C. §30122 by allowing them to install retrofit manual on-off switches for air bags in vehicles owned by people whose request for a switch is authorized by NHTSA. The purpose of the exemption is to preserve the benefits of air bags while reducing the risk that some people have of being seriously or fatally injured by current air bags. The exemption also allows consumers to have new vehicles retrofitted with on-off switches after the purchase of those vehicles. It does not, however, allow consumers to purchase new vehicles already equipped with on-off switches. (Another rule, discussed below, allows manufacturers to "factory install" manual on-off switches for vehicles with no, or small, rear seats.)