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TD  8.6/2:990/siipp.46 

Federal  Motor  Vehicle  Saf... 


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US  Department 
of  Transportation 


Federal  Motor  Vehicle  Safety 
Standards  and  Regulations 

?ra£fSy'"°'  SupplemBnt  46— Amendments 

^"^^^^^s^^""^'      ^^^  Interpretations  Issued 
i    During  1991 

APR  2  9  Wb/         1 

i  Bo^oNPUBucuBBAgv      P^QB  Control  Chart 

(1)  Federal  Motor  Vehicle  Safety  Standard  No.  106 

(a)  Insert  attached  pages  numbered  PART  571;  S106-PRE  63  through  65-66  behind  page  in  book  numbered 
PART  571;  S106-PRE  62. 

(b)  Substitute  attached  page  numbered  PART  571;  S106-7  for  similarly  numbered  page  in  book. 

(2)  Federal  Motor  Vehicle  Safety  Standard  No.  110 

(a)  Insert  attached  pages  numbered  PART  571;  SllO-PRE  27  through  PRE  32  behind  page  in  book  numbered 
PART  571;  SllO-PRE  25-26. 

(b)  Substitute  attached  pages  numbered  PART  110-1  through  3  for  similarly  numbered  pages  in  book. 

^     (3)  Federal  Motor  Vehicle  Safety  Standard  No.  116 

^^  (a)  Insert  attached  pages  numbered  PART  571;  S116— PRE  43  through  49  behind  page  in  book  numbered 

PART  571;  S116-PRE  42 
(b)  Substitute  attached  Standard  116  for  Standard  116  in  book. 

(4)  Federal  Motor  Vehicle  Safety  Standard  No.  118 

(a)  Insert  attached  pages  numbered  PART  571;  S18— PRE  15  through  PRE  20  behind  page  in  book  numbered 
PART  571;  S118-PRE  13-14. 

(b)  Substitute  attached  page  numbered  PART  571;  S118-1  for  similarly  numbered  page  in  book. 

(5)  Federal  Motor  Vehicle  Safety  Safety  Standard  No.  120 

(a)  Insert  attached  pages  numbered  PART  571;  S120-PRE  39  through  PRE  44  behind  page  in  book  numbered 
PART  571;  S120-PRE  37-38. 

(b)  Substitute  attached  Standard  120  for  Standard  120  in  book. 

(6)  Federal  Motor  Vehicle  Safety  Standard  No.  129 

(a)  Insert  attached  pages  numbered  PART  571;  S129— PRE  21  through  26  behind  page  in  book  numbered 
PART  571;  S129-PRE  19-20. 

(b)  Substitute  attached  Standard  129  for  Standard  129  in  book. 

(7)  Federal  Motor  Vehicle  Safety  Standard  No.  131 

Insert  attached  pages  numbered  PART  571;  S131-PRE  1  through  PART  571;  S131-1  behind  page  in  book 
numbered  PART  571;  S129-PRE  26  mentioned  above. 

(Continued  on  reverse  side) 

^^ 

The  Federal  Motor  Vehicle  Safety  Standards  and  amendments  published  in  this  format  are  for  reference  purposes 
only.  They  should  not  be  considered  as  legally  binding  or  be  used  as  a  source  of  authority  in  matters  of  litigation. 
The  United  States  Code  of  Federal  Regulations  is  the  only  source  of  legal  authority  for  the  standards. 


TD  8.6/2:990/siipp.46 

Federal  Motor  Vehicle  Saf... 


© 


Federal  Motor  Vehicle  Safety 
Standards  and  Regulations 

?raS?5y'"''  SupplGment  46— Amendnnents 


us  Department 
of  Transportation 


Traffic  Safety 

^"'''^'^"BiliSr'''"      ^^^  Interpretations  Issued 

APR  2  9  bb,  I 

BOSTON  PUBUC  U8RARV 


During  1991 

Page  Control  Chart 


(1)  Federal  Motor  Vehicle  Safety  Standard  No.  106 

(a)  Insert  attached  pages  numbered  PART  571;  S106— PRE  63  through  65-66  behind  page  in  book  numbered 
PART  571;  S106-PRE  62. 

(b)  Substitute  attached  page  numbered  PART  571;  S106-7  for  similarly  numbered  page  in  book. 

(2)  Federal  Motor  Vehicle  Safety  Standard  No.  110 

(a)  Insert  attached  pages  numbered  PART  571;  SllO-PRE  27  through  PRE  32  behind  page  in  book  numbered 
PART  571;  SllO-PRE  25-26. 

(b)  Substitute  attached  pages  numbered  PART  110-1  through  3  for  similarly  numbered  pages  in  book. 

(3)  Federal  Motor  Vehicle  Safety  Standard  No.  116 

(a)  Insert  attached  pages  numbered  PART  571;  S116— PRE  43  through  49  behind  page  in  book  numbered 
PART  571;  S116-PRE  42 

(b)  Substitute  attached  Standard  116  for  Standard  116  in  book. 

(4)  Federal  Motor  Vehicle  Safety  Standard  No.  118 

(a)  Insert  attached  pages  numbered  PART  571;  S18-PRE  15  through  PRE  20  behind  page  in  book  numbered 
PART  571;  S118-PRE  13-14. 

(b)  Substitute  attached  page  numbered  PART  571;  S118-1  for  similarly  numbered  page  in  book. 

(5)  Federal  Motor  Vehicle  Safety  Safety  Standard  No.  120 

(a)  Insert  attached  pages  numbered  PART  571;  S120-PRE  39  through  PRE  44  behind  page  in  book  numbered 
PART  571;  S120-PRE  37-38. 

(b)  Substitute  attached  Standard  120  for  Standard  120  in  book. 

(6)  Federal  Motor  Vehicle  Safety  Standard  No.  129 

(a)  Insert  attached  pages  numbered  PART  571;  S129— PRE  21  through  26  behind  page  in  book  numbered 
PART  571;  S129-PRE  19-20. 

(b)  Substitute  attached  Standard  129  for  Standard  129  in  book. 

(7)  Federal  Motor  Vehicle  Safety  Standard  No.  131 

Insert  attached  pages  numbered  PART  571;  S131-PRE  1  through  PART  571;  S131-1  behind  page  in  book 
numbered  PART  571;  S129-PRE  26  mentioned  above. 

(Continued  on  reverse  side) 

The  Federal  Motor  Vehicle  Safety  Standards  and  amendments  published  in  this  format  are  for  reference  purposes 
only.  They  should  not  be  considered  as  legally  binding  or  be  used  as  a  source  of  authority  in  matters  of  litigation. 
The  United  States  Code  of  Federal  Regulations  is  the  only  source  of  legal  authority  for  the  standards. 


Page  Control  Chart— Continued 


(8)  Federal  Motor  Vehicle  Safety  Standard  No.  208 

(a)  Insert  attached  pages  numbered  PART  571;  S208-PRE  479  through  PRE  519-520  behind  page  in  book 
numbered  PART  572;  S208-PRE  477-478. 

(b)  Substitute  attached  Standard  208  for  Standard  208  in  book. 

(9)  Federal  Motor  Vehicle  Safety  Standard  No.  209 

(a)  Insert  attached  pages  numbered  PART  571;  S209— PRE  53  through  59-60  behind  page  in  book  numbered 
PART  571;  S209-PRE  52. 

(b)  Substitute  attached  pages  numbered  PART  571;  S209-5  through  8  for  similarly  numbered  pages  in  book. 

(10)  Federal  Motor  Vehicle  Safety  Standard  No.  216 

(a)  Insert  attached  pages  numbered  PART  571;  S216— PRE  7  through  15-16  behind  page  in  book  numbered 
PART  571;  S216-PRE  5-6. 

(b)  Substitute  attached  page  numbered  PART  571;  S216-1  for  similarly  numbered  page  in  book. 


PREAMBLE  TO  AMENDMENT  TO 
MOTOR  VEHICLE  SAFETY  STANDARD  NO.  106 

Brake  Hoses 

(Docket  No.  90-09) 
RIN  2127AC55 


ACTION:     Final  rule. 


SUMMARY:  This  final  rule  amends  Standard  106, 
Brake  Hoses,  so  that  Table  III  of  the  standard  express- 
ly applies  to  rubber  brake  hoses  only,  and  thus  does 
not  apply  to  hoses  made  from  plastic  tubing.  Table  III 
specifies  dimensional  requirements  for  air  brake  hoses 
intended  for  use  with  reusable  end  fittings.  This  rule, 
which  is  intended  to  facilitate  the  use  of  plastic  tubing 
for  brake  hoses,  responds  to  a  petition  for  rulemaking 
from  Volvo  White  Truck  Corporation 

DATES:    This  rule  is  effective  March  27,  1991. 

SUPPLEMENTARY  INFORMATION:  On  June  15, 
1990  (55  FR  24278),  the  agency  proposed  to  amend  the 
language  in  Standard  106  that  requires  hoses  manufac- 
tured for  use  with  reusable  end  fittings  to  conform  to 
the  dimensional  requirements  of  Table  III.  NHTSA 
proposed  to  amend  the  standard  so  that  Table  III  would 
expressly  apply  to  brake  hoses  made  from  synthetic  or 
natural  elastomeric  rubber  only,  and  thus  would  not 
apply  to  hoses  made  from  thermoplastic  materials,  such 
as  polyamide  nylon.  (The  latter  types  of  brake  hose  are 
usually  referred  to  as  plastic  "tubing.")  Tubing  is 
manufactured  under  industry  specifications  that  ensure 
that  all  tubing  of  a  given  outside  diameter  has  the  same 
inside  diameter.  Table  111  was  adopted  to  distinguish 
between  two  types  of  rubber  brake  hose,  one  of  which 
has  a  larger  outside  diameter  than  the  other  for  a  given 
inside  diameter.  Since  these  differences  in  sizing  do  not 
occur  in  tubing,  there  appeared  to  be  no  reason  for 
Table  III  to  apply  to  tubing.  To  the  extent  that  Table 
III  has  operated  to  restrict  the  use  of  plastic  tubing  for 
brake  hoses,  the  agency  believed  that  this  amendment 
would  facilitate  the  use  of  such  tubing. 

Background 

Standard  106  defines  a  "brake  hose"  as  "a  flexible 
conduit,  other  than  a  vacuum  tubing  connector, 
manufactured  for  use  in  a  brake  system  to  transmit  or 
contain  the  fluid  pressure  or  vacuum  used  to  apply 
force  to  a  vehicle's  brakes."  (S4)  The  definition  does 
not  distinguish  between  traditional  rubber  hose  and 
plastic  tubing.  In  practice,  it  appears  that  there  is  no 
misunderstanding  on  the  part  of  manufacturers  that 


brake  tubing  must  comply  with  all  applicable  require- 
ments of  Standard  106.  The  agency's  compliance  test 
experience  with  plastic  tubing  shows  a  high  rate  of 
compliance  with  the  performance  requirements  of  the 
standard. 

However,  with  regard  to  the  dimensional  require- 
ments for  brake  hose  that  is  intended  to  be  used  with 
reusable  end  fittings,  the  status  of  plastic  tubing  has 
been  less  certain. 

On  the  one  hand,  paragraph  S7.1  of  the  standard  re- 
quires "[e]ach  air  brake  hose"  intended  for  use  with 
a  reusable  end  fitting  to  "conform  to  the  dimensional 
requirements  specified  in  Table  III."  Table  III  sets 
forth  dimensions  for  the  inside  diameters  (I.D.)  and  out- 
side diameters  (O.D.)  for  eight  sizes  of  air  brake  hose. 
No  other  sizes  are  permitted  for  hoses  intended  for  use 
with  reusable  end  fittings.  Hose  with  O.D.'s  within  a 
specified  range  are  considered  "Type  1"  hose  and 
marked  "AI"  (S7.2.1(e)).  Hose  with  generally  slightly 
larger  O.D.'s  are  considered  "Type  11"  hose  and 
marked  "AH."  The  Type  I  and  Type  II  hose  dimen- 
sions describe  two  types  of  rubber  hose  that  were 
prevalent  in  the  marketplace  during  the  development 
of  Standard  106.  NHTSA  has  stated  that  "Table 
HI.  .  .  is  intended  to  be  a  first  step  toward  standardi- 
zation of  reusable  fittings  and  hose.  .  ."  (39  FR  24012, 
24014.,  June  28,  1974).  Further,  there  is  nothing  in 
S7.1  itself  that  suggests  that  Table  HI  does  not  apply 
to  plastic  tubing  used  with  reusable  fittings  as  well  as 
to  rubber  hose. 

On  the  other  hand,  other  provisions  in  S7  refer  to 
"plastic  tubing"  in  a  manner  that  has  led  some  brake 
hose  manufacturers  to  ask  whether  tubing  was  in- 
tended to  be  covered  by  Table  HI.  S7.2.1(d),  for  exam- 
ple, refers  to  "the  nominal  inside  diameter  of  hose... 
or  the  nominal  outside  diameter  of  plastic  tubing...," 
as  if  the  terms  "hose"  and  "tubing"  refer  to  two 
entirely  different  entities  for  purposes  of  labeling. 

The  purpose  of  standardizing  hose  for  use  with 
reusable  end  fittings  is  to  reduce  the  likelihood  of  mis- 
match problems  between  hoses  and  end  fittings.  In  is- 
suing "Table  HI,  NHTSA  noted  that  reusable  fittings 
and  hose  are  typically  assembled  by  repair  businesses 
in  the  field,  where  the  agency  thought  mismatch  was 


PART  571;  S  106-PRE  63 


more  likely  to  occur  than  in  high  volume  operations. 
(Id.)  The  AI  and  All  marking  on  the  hose  are  intended 
to  help  in  distinguishing  between  two  types  of  hoses 
that  may  be  labeled  the  same  size,  yet  have  slightly 
different  dimensions.  Identifying  the  hose  is  important 
for  purposes  of  selecting  the  appropriate  end  fitting 
for  them.  Reusable  end  fittings  are  marked  AI  or  All 
indicating  their  suitability  for  use  with  Type  I  or  Type 
II  hose  (S7.2.2(c)). 

The  proposal 

This  action  was  commenced  by  the  agency  in 
response  to  a  petition  for  rulemaking  from  the  Volvo 
White  Truck  Corporation  which  had  developed  a  reus- 
able end  fitting  for  use  with  plastic  tubing.  Since  plastic 
tubing  generally  does  not  conform  to  the  dimensional 
requirements  of  Table  III,  Volvo  believed  that  S7.1 
would  preclude  the  manufacture  of  the  plastic  tubing 
for  which  the  end  fitting  is  designed,  and  would  there- 
fore impede  the  marketing  of  the  new  end  fitting. 

Volvo  originally  sought  to  remove  possible  impedi- 
ments against  the  manufacture  of  the  end  fitting  by 
requesting  in  its  petition  that  NHTSA  amend  Standard 
106's  definition  of  a  "permanently  attached  end  fit- 
ting" to  include  Volvo's  end  fitting.  The  agency  did  not 
agree  that  the  definition  should  be  amended  as  Volvo 
requested,  for  the  reasons  discussed  in  the  proposal 
preceding  this  rule.  However,  the  agency  believed  that 
Volvo's  petition  indicated  that  Table  III  might  be 
unnecessarily  impeding  the  development  of  plastic 
tubing  and  end  fittings. 

In  its  proposal,  NHTSA  tentatively  concluded  that 
Table  III  need  not  apply  to  plastic  tubing  intended  for 
use  with  reusable  end  fittings  because  the  purpose  of 
the  dimensional  restrictions  is  to  reduce  the  likelihood 
of  mismatch  problems  between  hoses  and  fittings. 
These  potential  problems  arise  in  cases  in  which  hoses 
appear  identical  (and  are  labeled  the  same  size)  yet  have 
different  O.D.'s.  NHTSA  noted  in  the  proposal  that  the 
only  hoses  exhibiting  this  variation  are  those  made 
from  rubber.  NHTSA  believed  there  did  not  seem  to 
be  a  comparable  risk  of  mismatch  for  plastic  tubing 
since  the  tubing  manufacturers  have  voluntarily  stand- 
ardized size  designations.  NHTSA  stated,  "An  assem- 
bler would  readily  know  the  O.D.  of  brake  tubing  from 
the  labeling  on  the  tubing,  and  would  also  know  which 
fitting  would  be  appropriate  for  the  tubing." 

The  agency  stated  in  its  proposal  that  the  agency's 
compliance  tests  of  assemblies  using  plastic  tubing  with 
permanently  attached  end  fittings  indicate  that  such 
tubing  is  capable  of  meeting  the  performance  require- 
ments of  the  standard.  The  agency  also  believed  that 
brake  tubing  in  sizes  not  specified  in  Table  III  was 
already  being  used  with  reusable  end  fittings  in  brak- 
ing applications.  NHTSA  believed  that  dimensional 
variations  have  not  negatively  affected  the  safety  of 
such  tubing.  The  agency  therefore  proposed  to  amend 
87. 1  so  that  Table  III  would  expressly  apply  to  brake 


hose  "constructed  of  synthetic  or  natural  elastomeric 
rubber"  only. 

Comments  on  the  proposal. 

The  agency  received  comments  on  the  proposal  from  \i 
the  following  five  commenters:  Volvo  GM  Heavy  Truck 
Corporation,  Robert  Crail  (a  private  citizen  with  ex- 
perience in  trailer  and  hose  assembly  manufacturing), 
Freightliner  Corporation,  Bendix  Heavy  Vehicle  Sys- 
tems Group  (BHVSG),  and  Parker  Hannifin  Corpora- 
tion. All  but  Parker  Hannifin  supported  the 
amendment.  Freightliner  believed  that  the  proposed 
amendment  would  facilitate  the  production  of  plastic 
tubing  that  is  manufactured  to  industry  specifications, 
and  would  therefore  "increase  design  flexibility" 
without  affecting  safety.  Mr.  Crail  stated  that  plastic 
tubing  in  sizes  other  than  those  set  forth  in  Table  III 
is  being  used  in  the  industry,  and  that  such  tubing  con- 
forms to  industry  standards  established  by  the  Society 
of  Automotive  Engineers  (SAE). 

Parker  Hannifin  believed  that  removing  plastic  tub- 
ing from  coverage  of  Table  III  would  degrade  safety. 
The  commenter  appeared  to  beheve  that  tubing  I.D. 
and  O.D.  sizes  should  be  standardized  because  if  they 
are  not,  tubing  of  slightly  different  sizes  could  lead  to 
mismatch  problems  between  a  reusable  fitting  and  the 
wrong  tubing. 

The  agency  disagrees  that  plastic  tubing  should  be 
included  in  Table  III.  Commenters  have  indicated  that 
tubing  in  sizes  other  than  those  listed  in  Table  III  has  i 
been  used  with  reusable  fittings  for  many  years.  " 
NHTSA  is  not  aware  of  consumer  complaints  or  any 
other  information  indicating  that  mismatch  problems 
have  been  experienced  for  tubing. 

Parker  Hannifin  also  expressed  a  concern  about 
Standard  106's  requirement  for  labeling  3/8  inch  and 
1/2  inch  special  air  brake  hose.  Parker  Hannifin  said 
that  manufacturers  do  not  know  how  to  label  the  hose 
imder  S7.2.1(e)  of  Standard  106  because  the  hose  meets 
the  dimensional  requirements  in  Table  III  for  both  Type 
I  and  Type  II  hose. 

The  agency  has  answered  the  question  about  label- 
ing hose  for  which  the  Type  I  and  Type  II  dimensions 
listed  in  the  standard  are  identical,  in  interpretations 
of  the  standard  dating  back  to  1974.  (E.g.,  see  Novem- 
ber 22, 1974  letter  to  Gates  Rubber  Company,  and  Sep- 
tember 22,  1975  letter  to  Bendix:- Westinghouse.)  The 
agency  stated  in  the  letters  that  such  hose  may  be 
labeled  with  the  designation  "AI-AII"  or  "AI  &  AH." 
Copies  of  all  of  the  agency's  interpretation  letters  are 
available  in  NHTSA's  docket.  Manufacturers  have  not 
informed  NHTSA  of  any  problems  with  labeling  hose 
that  conform  to  both  the  Type  I  and  Type  II 
dimensions. 

Volvo  GM  and  Bendix  suggested  that  minor  conform-    ^ 
ing  changes  to  the  labeling  requirements  in  S7.2.1(e)    ^ 
and  S7.2.2(c)  of  Standard  106  would  be  appropriate  if 
the  proposed  amendment  concerning  Table  III  is 


PART  571;  S  106-PRE  64 


adopted.  The  agency  agrees  with  the  suggestions  and 
has  made  the  conforming  changes. 

In  consideration  of  the  foregoing  NHTSA  amends  49 
CFR  Part  571  as  set  forth  below.  The  introductory  text 
of  paragraph  S7.1  of  Standard  No.  106  is  revised  to 
read  as  follows: 

S7.1  Construction.  Each  air  brake  hose  assem- 
bly shall  be  equipped  with  permanently  attached  brake 
hose  end  fittings  or  reusable  brake  hose  end  fittings. 
Each  air  brake  hose  constructed  of  synthetic  or  natur- 
al elastomeric  rubber  intended  for  use  with  reusable 
end  fittings  shall  conform  to  the  dimensional  require- 
ments specified  in  Table  III. 


(e)  The  letter  "A"  shall  indicate  intended  use  in  air 
brake  systems.  In  the  case  of  a  hose  constructed  of  syn- 
thetic or  natural  elastomeric  rubber  intended  for  use 
in  a  reusable  assembly,  "AI"  or  "AH"  shall  indicate 
Type  I  or  Type  II  dimensional  characteristics  of  the 
hose  as  described  in  Table  III. 

S7.2.2     *     *     * 


(c)  The  letter  "A"  shall  indicate  intended  use  in  air 
brake  systems.  In  the  case  of  an  end  fitting  intended 
for  use  in  a  reusable  assembly  with  brake  hose  subject 
to  Table  III,  "AI"  or  "All"  shall  indicate  use  with  Type 
I  or  Type  II  hose,  respectively. 


3.  Section  S7.2  of  Standard  106  is  amended  by  revis- 
ing paragraphs  S7.2.1(e)  and  S7.2.2(c)  to  read  as 
follows: 

S7.2     Labeling. 
S7.2.1     *     *     * 


Issued  on  February  19,  1991 


Ralph  Curry 
Administrator 

56  F.R.  7589 
February  25,  1991 


I 


I 


PART  571;  S  106-PRE  65-66 


(d)  Maintain  a  compressed  air  supply  to  the 
nozzle  or  nozzles  free  of  oil  and  dirt  and  between  10 
to  25  psi. 

S6.9.3  Operation.  Subject  the  brake  hose 
assembly  to  the  salt  spray  continuously  for  24  hours. 

(a)  Regulate  the  mixture  so  that  each  collector  will 
collect  from  1  to  2  ml  of  solution  per  hour  for  each  80 
square  centimeters  of  horizontal  collecting  area. 

(b)  Maintain  exposure  zone  temperature  at  95°  F. 

(c)  Upon  completion,  remove  the  salt  deposit 
from  the  surface  of  the  hoses  by  washing  gently 
or  dipping  in  clean  running  water  not  warmer 
than  100°  F  and  then  drying  immediately. 

S7.  Requirements— Air  brake  hose,  bralce  hose 
assemblies,  and  brake  hose  end  fittings. 

57.1  Construction.  Each  air  brake  hose 
assembly  shall  be  equipped  with  permanently 
attached  brake  hose  end  fittings  or  reusable  brake 
hose  end  fittings.  [Each  air  brake  hose  constructed 
of  synthetic  or  natural  elastomeric  rubber  intended 
for  use  with  reusable  end  fittings  shall  conform  to 
the  dimensional  requirements  specified  in  Table 
III.  (56  F.R.  7589— February  25,  1991.  Effective 
March  21,  1991)1 

57.2  Labelling. 

S7.2.1  Hose.  Each  air  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled, 
at  intervals  of  not  more  than  6  inches,  measured 


from  the  end  of  one  legend  to  the  beginning  of  the 
next,  in  block  capital  letters  and  numerals  at  least 
one-eighth  of  an  inch  high,  with  the  information 
listed  in  paragraphs  (a)  through  (e).  The  informa- 
tion need  not  be  present  on  hose  after  it  has 
become  part  of  a  brake  hose  assembly  or  after  it 
has  been  installed  in  a  motor  vehicle. 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  hose  manufacturer  that  the  hose  conforms 
to  all  applicable  motor  vehicle  safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose,  which  shall  be  filed  in  writing 
with:  Office  of  Vehicle  Safety  Standards,  Crash 
Avoidance  Division,  National  Highway  Traffic 
Safety  Administration,  400  Seventh  Street,  S.W., 
Washington,  D.C.  20590.  The  designation  may 
consist  of  block  capital  letters,  numerals,  or  a 
symbol. 

(c)  The  month,  day,  and  year,  or  the  month  and 
year,  of  manufacture,  expressed  in  numerals.  For 
example,  10/1/74  means  October  1,  1974. 

(d)  The  nominal  inside  diameter  of  the  hose 
expressed  in  inches  or  fractions  of  inches  or  in 
millimeters,  or  the  nominal  outside  diameter  of 
plastic  tubing  expressed  in  inches  or  fractions  of 
inches  or  in  millimeters  followed  by  the  letters  OD. 
The  abbreviation  "mm"  shall  follow  hose  sizes  that 
are  expressed  in  millimeters.  (Examples  of  inside 
diameter:  Yg,  ^  (i/^  SP  in  the  case  of  V2  inch  special 
air  brake  hose),  4  mm,  6  mm.  Examples  of  outside 
diameter:  V4  OD,  12  mm  OD.). 


Table  III— Air  Brake  Hose  Dimensions  for  Reusable  Assemblies 


Size, 
inches 

Inside  Diameter 

TYPE  I 
O.D.,  inches 
Min        Max 

TYPE  II 
O.D.,  inches 
Min        Max 

?le 

+  0.026 
-0.000 

0.472 

0.510 

0.500 

0.539 

V4 

+  0.031 
-0.000 

0.535 

0.573 

0.562 

0.602 

%6 

+  0.031 
-0.000 

0.598 

0.636 

0.656 

0.695 

% 

±0.023 

0.719 

0.781 

0.719 

0.781 

'%Z 

+  0.031 
-0.000 

0.714 

0.760 

0.742 

0,789 

¥2 

+  0.039 
-0.000 

0.808 

0.854 

0.898 

0.945 

% 

+  0.042 
-0.000 

0.933 

0.979 

1.054 

1.101 

1/2  special 

±0.031 

0.844 

0.906 

0.844 

0.906 

PART  571;  S  106-7 


(e))  The  letter  "A"  shall  indicate  intended  use  in 
air  brake  systems.  [In  the  case  of  a  hose  con- 
structed of  synthetic  or  natural  elastomeric  rubber 
intended  for  use  in  a  reusable  assembly,  "AI"  or 
"AH"  shall  indicate  Type  I  or  Type  II  dimensional 
characteristics  of  the  hose  as  described  in  Table 
III.  (56  F.R.  7589— February  25.  1991.  Effective 
March  21,  1991)1 

57.2.2  End  fittings.  Except  for  an  end  fitting 
that  is  attached  by  deformation  of  the  fitting  about 
a  hose  by  crimping  or  swaging,  at  least  one  compo- 
nent of  each  air  brake  hose  fittings  shall  be  etched, 
embossed,  or  stamped  in  block  capital  letters  and 
numerals  at  least  one-sixteenth  of  an  inch  high 
with  the  following  information: 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  manufacturer  of  that  component  that  the 
component  conforms  to  all  applicable  motor  vehi- 
cle safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  that  component  of  the  fitting,  which  shall 
be  filed  in  writing  with:  Office  of  Vehicle  Safety 
Standards,  Crash  Avoidance  Division,  National 
Highway  Traffic  Safety  Administration,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 
The  designation  may  consist  of  block  capital  let- 
ters, numerals,  or  a  symbol. 

(c)  [The  letter  "A"  shall  indicate  intended  use  in 
air  brake  systems.  In  the  case  of  an  end  fitting  in- 
tended for  use  in  a  reusable  assembly  with  brake 
hose  subject  to  Table  HI,  "AI"  or  "AH"  shall  in- 
dicate use  with  Type  I  or  Type  II  hose,  respective- 
ly. (56  F.R.  7589— February  25,  1991.  Effective 
March  21,  1991)1 

(d)  The  nominal  inside  diameter  of  the  hose  to 
which  the  fitting  is  properly  attached  expressed  in 
inches  or  fractions  of  inches  or  in  millimeters,  or 
the  outside  diameter  of  the  plastic  tubing  to  which 
the  fitting  is  properly  attached  expressed  in  inches 
or  fractions  of  inches  or  in  millimeters  followed  by 
the  letters  OD  (See  examples  in  S7.2.1(d)).  The  ab- 
breviations "mm"  shall  follow  hose  sizes  that  are 
expressed  in  millimeters. 

57.2.3  Assemblies.  Each  air  brake  hose 
assembly  made  with  end  fittings  that  are  attached 
by  crimping  or  swaging,  except  those  assembled 
and  installed  by  a  vehicle  manufacturer  in  vehicles 
manufactured  by  him,  shall  be  labeled  by  means  of 
a  band  around  the  brake  hose  assembly  as  specified 
in  this  paragraph  or,  at  the  option  of  the  manufac- 
turer, by  means  of  labeling  as  specified  in  S7.2.3.1. 


The  band  may  at  the  manufacturer's  option  be  at- 
tached so  as  to  move  freely  along  the  length  of  the 
assembly,  as  long  as  it  is  retained  by  the  end  fit- 
tings. The  band  shall  be  etched,  embossed,  or 
stamped  in  block  capital  letters,  numerals,  or  sym- 
bols at  least  one-eighth  of  an  inch  high,  with  the 
following  information: 

(a)  The  symbol  DOT,  constituting  certification 
by  the  hose  assembler  that  the  hose  assembly 
conforms  to  all  applicable  motor  vehicle  safety 
standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose  assembly,  which  shall  be  filed  in 
writing  with:  Office  of  Vehicle  Safety  Standards, 
Crash  Avoidance  Division,  National  Highway  Traf- 
fic Safety  Administration,  400  Seventh  Street, 
S.W.,  Washington,  D.C.  20590.  The  designation 
may  consist  of  block  capital  letters,  numerals,  or  a 
symbol. 

S7.2.3.1  At  least  one  end  fitting  of  an  air  brake 
hose  assembly  made  with  end  fittings  that  are  at- 
tached by  crimping  or  swaging  shall  be  etched, 
stamped,  or  embossed  with  a  designation  at  least 
one-sixteenth  of  an  inch  high  that  identifies  the 
manufacturer  of  the  hose  assembly  and  is  filed  in 
accordance  with  S7.2.3(b). 

S7.3  Test  requirements.  Each  air  brake  hose 
assembly  or  appropriate  part  thereof  shall  be 
capable  of  meeting  any  of  the  requirements  set 
forth  under  this  heading,  when  tested  under  the 
conditions  of  Sll  and  the  applicable  procedures  of 
S8.  However,  a  particular  hose  assembly  or  ap- 
propriate part  thereof  need  not  meet  further 
requirements  after  having  met  the  constriction  re- 
quirement (S7.3.1)  and  then  having  been  subjected 
to  any  one  of  the  requirements  specified  in  S7.3.2 
through  S7.3.13. 

57.3.1  Constriction.  Except  for  that  part  of  an 
end  fitting  which  does  not  contain  hose,  every  in- 
side diameter  of  any  section  of  an  air  brake  hose 
assembly  shall  be  not  less  than  66  percent  of  the 
nominal  inside  diameter  of  the  brake  hose. 

57.3.2  High    temperature    resistance.     An    air 

brake  hose  shall  not  show  external  or  internal 
cracks,  charring,  or  disintegration  visible  without 
magnification  when  straightened  after  being  bent 
for  70  hours  at  212°  F  over  a  cylinder  having  the 
radius  specified  in  Table  IV  for  the  size  of  hose 
tested  (S8.1). 


(Rev.  2/25/91) 


PART  571;  S  106-8 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  110 

Tire  Selection  and  Rims  for  Passenger  Cars  and  New  Non-Pneumatic  Tires  for  Passenger  Cars 

(Doclcet  No.  87-12;  Notice  4) 

RIN  2127-AD86 


ACTION-Final  rule. 

SUIVIIVIARY:  In  July  1990,  this  agency  published  a  final 
rule  permitting  new  passenger  cars,  multipurpose  ve- 
hicles, and  light  trucks  equipped  with  passenger  car 
tires  to  be  equipped  with  a  non-pneumatic  spare  tire. 
The  final  rule  also  established  Standard  No.  129,  New 
Non-Pneumatic  Tires  for  Passenger  Cars,  which  in- 
cludes definitions  relating  to  non-pneumatic  tires  and 
specifies  performance,  testing,  and  additional  labeling 
requirements  for  these  tires. 

In  response  to  three  petitions  for  reconsideration  of 
this  rule,  the  agency  has  decided  to  amend  several 
requirements  in  the  July  1990  final  rule.  This  notice 
allows  some  of  the  required  information  to  be  placed 
on  labels  that  are  permanently  affixed  to  the  tire  or 
tire  assembly  instead  of  being  required  to  be  marked 
into  or  onto  the  tire  or  tire  assembly  itself.  The  notice 
also  provides  that  instead  of  placing  certain  informa- 
tion in  the  owner's  manual,  vehicle  manufacturers  may 
instead  place  the  information  on  the  vehicle  placard 
(required  by  Standard  No.  110,  Tire  Selection  and 
Rims)  if  the  owner's  manual  includes  a  reference  to  this 
information.  The  notice  also  amends  the  dimensions  of 
the  tire  strength  test  cleat.  These  amendments  will 
enable  manufacturers  to  comply  more  easily  with  the 
requirements  without  adversely  affecting  safety. 


EFFECTIVE  DATE: 

May  28,  1991. 


The  amendments  are  effective 


SUPPLEIVIENTARY  INFORMATION: 

Background 

On  April  7,  1989,  NHTSA  published  a  notice  of 

proposed  nilemaking  (NPRM)  proposing  to  amend 

Standard  No.  110  to  permit  the  use  of  non-pneumatic 

tires  on  passenger  cars,  but  only  as  a  temporary  spare 


and  to  establish  Standard  No.  129,  a  new  standard  for 
non-pneumatic  tires.  (54  FR  14109).  The  notice  pro- 
posed the  following  amendments  to  Standard  No.  110: 
1)  passenger  cars  would  be  allowed  to  be  equipped  with 
a  non-pneumatic  spare  tire;  2)  additional  labeling  and 
vehicle  placarding  information  would  be  required 
explaining  that  such  tires  should  be  used  only  as  a  spare 
tire  on  a  temporary  basis  at  speeds  not  to  exceed  50 
mph.,  and  3)  the  vehicle's  owner's  manual  would 
include  safety  information  about  the  use  of  a  non- 
pneumatic  tire.  The  NPRM  also  proposed  labeling 
requirements  in  Standard  No.  129  similar  to  those  set 
forth  in  section  S4.3  of  Standard  No.  109,  New  Pneu- 
matic Tires,  for  size  designation,  load  rating,  rim  size 
and  type  designation,  manufacturer  or  brand  name, 
certification,  and  the  tire  identification  number. 

NHTSA  received  13  comments  in  response  to  the 
NPRM.  While  all  commenters  generally  supported  the 
proposal  to  permit  a  vehicle  to  be  equipped  with  a  non- 
pneumatic  spare  tire,  certain  commenters  suggested 
alternative  approaches  to  particular  aspects  of  the 
proposal. 

On  July  20,  1990.  NHTSA  published  a  final  rule 
permitting  new  passenger  cars  and  other  vehicles 
equipped  with  passenger  car  tires  to  be  equipped  with 
a  non-pneumatic  spare  tire.  (55  FR  29581).  The  final 
nile  modified  certain  informational  requirements  in 
Standard  Nos.  110  and  120,  Tire  Selection  and  Rims 
for  Motor  Vehicles  other  Than  Passenger  Cars  and 
established  Standard  No.  129,  the  new  standard  for 
non-pneumatic  tires. 

The  agency  received  petitions  for  reconsideration  of 
this  rule  from  the  Rubber  Manufacturers  Association 
(RMA),  Uniroyal  Goodrich  Tire  Company  (Uniroyal), 
and  General  Motors  Corporation  (GM).  This  notice 
responds  to  those  petitions.  For  the  convenience  of  the 
reader,  this  notice  uses  the  same  organization  and 
format  as  the  July  1990  final  rule  used.  When  a  sec- 
tion heading  used  in  the  final  rule  is  not  set  forth  in 


PART  571;  SllO-PRE  27 


this  preamble,  it  means  that  no  petition  for  reconsider- 
ation requested  changes  to  the  rule's  provisions  dis- 
cussed in  that  section. 


Issues  Under  Reconsideration 
Labeling  Requirements 

The  NPRM  proposed  requiring  that  certain  informa- 
tion about  the  non-pneumatic  tire  be  "permanently 
molded,  stamped,  or  otherwise  permanently  marked 
into  or  onto  both  sides"  and  be  expressed  in  figures 
not  smaller  than  a  given  size.  Because  the  agency 
thought  that  molding  the  required  information  into  or 
onto  some  non-pneumatic  tire  and  assembly  designs 
might  be  impracticable,  it  proposed  allowing  different 
methods  of  permanent  marking  in  addition  to 
molding— the  labeling  method  required  in  Standard  No. 
109  for  pneumatic  tires. 

After  analyzing  its  proposal  in  response  to  comments 
received  on  this  subject,  the  agency  concluded  in  the 
final  rule  that  permanently  affixed  labels  should  not 
be  allowed  as  a  means  for  placing  the  required  infor- 
mation on  non-pneumatic  tires.  In  the  preamble  to  that 
notice,  the  agency  explained  that  the  message  must  be 
useful  and  understandable  for  the  lifetime  of  the  tire, 
i.e.,  it  must  be  permanent,  legible,  and  conspicuous. 
Based  on  these  considerations,  the  agency  concluded 
that  affixing  a  permanent  label  on  a  non-pneumatic  tire 
might  not  meet  these  ends. 

All  three  petitions  for  reconsideration  requested  that 
permanent  stick-on  labels,  typically  made  of  vinyl  or 
polyester,  be  allowed  for  at  least  some  of  the  informa- 
tion that  must  be  placed  on  the  non-pneumatic  tire  or 
tire  assembly.  The  petitioners  stated  that  it  would  be 
impracticable  to  stamp  or  mold  the  required  informa- 
tion directly  onto  some  non-pneumatic  tires  or  tire 
assemblies.  For  instance,  Uniroyal  reported  that  there 
is  no  room  to  mold  the  required  information  into  its 
non-pneumatic  tire  because  there  is  no  "sidewall"  to 
that  tire  design.  While  the  petitioners  acknowledged 
that  the  requirements  permit  information  to  be  placed 
on  the  rim  or  wheel  center  member,  they  believed  that 
stamping  or  etching  the  information  into  the  assem- 
bly could  compromise  the  wheel's  structural  integrity. 
They  also  believed  that  information  placed  on  the 
assembly  might  be  difficult  to  read. 

Uniroyal  suggested  that  while  certain  required  infor- 
mation (e.g.,  the  symbol  DOT,  the  non-pneumatic  tire 
identification  code  (NPTIC)  number,  and  the  load 
rating)  could  be  required  to  be  stamped  or  molded  into 
the  non-pneumatic  tire,  other  information  (e.g.,  infor- 
mation about  the  tire's  temporary  use  at  limited  speeds 
and  the  manufacturer's  name  or  brand  name)  should 
be  allowed  to  be  placed  on  a  label  permanently  affixed 
to  the  tire  or  tire  assembly.  In  support  of  its  recom- 
mendation. Uniroyal  explained  that  the  primary  pur- 


pose of  some  of  the  required  information  is  to  alert  con- 
sumers that  the  tire  is  for  temporary  use  at  limited  ^ 
speeds.  Because  such  information  is  of  primary  impor-  ^| 
tance  before  the  non-pneumatic  tire  is  placed  on  the 
vehicle,  the  petitioner  believed  that  consumers  would 
be  better  served  if  this  information  were  readily  legi- 
ble. It  stated  that  a  permanent  label  with  contrasting 
colors  would  provide  the  greatest  legibility.  The  other 
two  petitioners  generally  supported  Uniroyal 's  recom- 
mendations but  did  not  provide  specific  suggestions. 

Upon  reconsideration,  NHTSA  agrees  with  the 
petitioners  that  stamping  or  etching  the  information 
into  the  assembly  could  compromise  a  wheel's  struc- 
tural integrity  and  that  certain  information  can  be 
permitted  to  be  placed  on  permanently  affixed  labels 
without  compromising  the  effectiveness  of  the 
message.  The  labels  in  fact  may  afford  increased 
legibility  and  conspicuity  given  that  labels  typically 
contain  contrasting  colors.  In  comparison,  other 
methods  of  permanent  marking  such  as  etching  or 
painting  may  be  less  legible  and  conspicuous  because, 
for  some  non-pneumatic  tire  designs,  this  information 
can  only  be  placed  in  locations  that  are  difficult  to  see. 
The  agency  further  notes  that  this  amendment  is 
consistent  with  the  agency's  goal  throughout  the 
rulemaking  of  promulgating  regulations  that  provide 
manufacturers  flexibility  to  comply  with  the  require- 
ments. ^ 

To  increase  the  information's  effectiveness  for  con- 
sumers, the  agency  believes  that  the  "For  Temporary 
Use  Only"  and  "Maximum  50  M.P.H"  information 
should  be  as  legible  as  possible,  especially  before  the 
spare  tire  is  placed  on  the  vehicle.  The  agency  further 
notes  that  considering  the  greater  volume  of  informa- 
tion required  to  be  on  non-pneumatic  tires,  certain 
information  should  be  permitted  to  be  on  a  permanently 
affixed  label.  Such  an  option  reduces  the  potential  for 
adversely  affecting  the  structural  integrity  of  some 
non-pneumatic  tires  and  makes  it  more  feasible  for 
manufacturers  to  comply  with  the  requirements. 
Accordingly,  the  agency  has  decided  to  modify  the 
requirements  in  S6  of  Standard  No.  110  and  S8  of 
Standard  No.  120  (which  are  referenced  in  S4.3(g)  of 
Standard  No.  129)  to  permit  this  information  to  be  on 
a  label  that  is  permanently  affixed  to  the  non- 
pneumatic  tire  or  tire  assembly.  Along  with  the 
temporary  use  information,  the  agency  has  decided  to 
grant  Uniroyal's  request  to  permit  the  manufacturer's 
name  to  be  placed  on  a  permanent  label.  However,  the 
agency  has  decided  to  require  the  tire  to  be  per- 
manently molded,  stamped,  or  otherwise  permanently 
marked  with  the  rest  of  the  information  required  in 
S4.3  of  Standard  No.  129.  M 

By  "permanent,"  the  agency  means  that  the  label 
should  remain  in  place  and  be  legible  for  the  life  of  the 
tire.  To  ensure  the  permanency  of  the  label's  informa- 


PART  571;  SllO-PRE  28 


tion,  the  agency  is  requiring  that  it  must  be  subsurface 
printed.  An  example  of  this  is  a  label  made  from  a  piece 
of  clear  mylar  or  other  plastic  where  the  printing  is  on 
the  underside;  as  a  result,  fluids  or  abrasion  to  which 
it  is  normally  exposed  does  not  contact  the  printing 
itself.  It  must  also  be  made  of  a  material  that  is  fade 
resistant,  heat  resistant,  and  abrasion  resistant,  and 
be  attached  in  such  a  manner  that  it  cannot  be  removed 
without  destroying  or  defacing  the  label.  The  agency 
believes  that  these  specifications  are  necessary  to 
ensure  the  use  of  durable,  non-detachable  labels  and 
prevent  the  use  of  labels  of  doubtful  permanency  such 
as  paper  ones.  In  summary,  NHTSA  believes  that  the 
improved  legibility  and  conspicuity  of  labels  and  the 
potential  impracticability  of  stamping  or  molding 
certain  required  information  outweigh  the  agency's 
previous  concerns  about  the  permanency  of  such  labels. 
This  has  lead  the  agency  to  conclude  that  the  use  of 
such  labels  for  this  portion  of  the  information  is 
warranted. 

If  labels  on  non-pneumatic  tires  are  found  not  to 
remain  affixed  and  legible  for  the  life  of  the  tire,  the 
agency  might  initiate  additional  rulemaking  to  explore 
other  requirements  to  ensure  the  label's  permanency. 
However,  such  a  rulemaking  would  be  premature  at 
this  time. 


SUPPLEMENTARY  INFORMATION 

Section  S7.2  of  Standard  No.  110  and  section  S9.2 
of  Standard  No.  120  require  the  owner's  manual  of  a 
vehicle  equipped  vdth  a  non-pneumatic  spare  tire  to 
contain  information  explaining  the  tire's  proper  use. 
Along  with  this  explanation,  the  owner's  manual  for 
such  vehicles  must  include  the  NPTIC  number  that  is 
labeled  on  the  non-pneumatic  tire  assembly  pursuant 
to  the  requirements  of  S4.3(a)  of  Standard  No.  129.  The 
purpose  of  this  requirement  is  to  help  identify  the  non- 
pneumatic  tire  with  regard  to  its  size  and  application 
to  a  specific  non-pneumatic  rim,  wheel  center  member, 
or  vehicle. 

In  its  petition  for  reconsideration,  GM  requested  that 
the  vehicle  manufacturer  be  allowed  to  include  in  the 
owner's  manual  a  simple  reference  to  the  vehicle 
placard,  where  information  about  the  proper  selection 
of  the  non-pneumatic  tire  assembly  appears  as  required 
by  the  final  rule  in  Standard  No.  110  or  Standard  No. 
120,  instead  of  being  required  to  place  the  information 
in  the  manual  itself.  GM  explained  that  this  change 
would  still  allow  manufacturers  to  convey  information 
about  the  NPTIC  but  avoid  unnecessary  complications. 
GM  stated  that  under  the  current  requirements,  vehicle 
manufacturers  have  to  state  in  the  owner's  manual  the 
NPTIC  for  the  non-pneimiatic  tire  used  on  each  specific 
version  of  the  vehicle  model.  GM  believed  that  this 
would  necessitate  having  more  than  one  version  of 


the  owner's  manual  for  the  same  vehicle  model,  thus 
increasing  the  potential  for  placing  an  incorrect  manual 
in  a  vehicle  which  could  result  in  selecting  an  incorrect 
replacement  non-pneumatic  tire  assembly.  The  peti- 
tioner stated  that  while  the  owner's  manual  could 
contain  a  table  with  all  potential  non-pneumatic  tire 
sizes,  such  a  table  could  be  difficult  to  understand,  thus 
resulting  in  an  incorrect  replacement  of  a  non- 
pneumatic  tire  assembly.  GM  further  stated  that 
owner's  manuals  are  not  required  to  contain  informa- 
tion about  the  size,  speed  or  load  restriction,  or 
Uniform  Tire  Quality  Grades  (UTQG)  of  the  road  tire 
fitted  to  a  specific  model.  Instead,  the  owners  are 
referred  to  the  vehicle  placard  and  UTQG  brochure  for 
that  information.  This  prompted  GM  to  request  that 
the  requirements  for  providing  information  regarding 
non-pneumatic  tire  assemblies  be  consistent  with  those 
for  road  tires. 

Upon  reconsideration,  NHTSA  has  decided  to  grant 
GM's  request  permitting  the  owner's  manual  to  include 
a  reference  to  the  information  about  the  NPTIC  set 
forth  in  S4.3(e)  of  Standard  No.  110  and  S5.3.6  of 
Standard  No.  120  that  is  located  on  the  vehicle  placard. 
This  information  will  still  be  required  on  the  tire  itself. 
After  reviewing  GM's  petition,  the  agency  believes  that 
including  a  reference  in  the  owner's  manual  that  the 
NPTIC  can  be  found  on  the  vehicle  placard  will  ade- 
quately convey  this  information  to  the  owner  because 
the  information  will  continue  to  be  readily  available  to 
the  vehicle  owner. 


Test  Procedure  for  Vertical  Strength 
Along  with  performance  requirements  and  test 
procedures  for  a  non-pneumatic  tire's  lateral  strength, 
tire  endurance,  and  high  speed  performance,  the  final 
rule  included  requirements  for  a  tire's  strength  in 
vertical  loading.  The  agency  determined  that  these 
requirements  will  assure  a  non-pneumatic  tire's  struc- 
tural integrity  and  durability. 

In  S5.3.2,  the  final  rule  specifies  that  a  test  "cleat" 
must  be  forced  into  the  non-pneumatic  tire's  tread  at 
five  test  points  equally  spaced  around  the  tire's  circum- 
ference. The  final  rule  also  specifies  the  test  cleat's 
dimensions,  as  follows:  a  length  of  one  inch  greater 
than  the  maximum  tire  width  of  the  tire,  a  width  of 
one-half  inch  with  the  surface  which  contacts  the  tire's 
tread  having  one-quarter  inch  radius,  and  a  height  of 
one  inch  greater  than  the  difference  between  the 
unloaded  radius  on  the  non-pneumatic  tire  assembly 
and  the  minimum  radius  of  the  non-pneumatic  rim  or 
wheel  center  member,  if  used  with  the  non-pneumatic 
tire  assembly  being  tested. 

In  its  petition  for  reconsideration,  RMA  requested 
that  the  dimensions  of  the  test  cleat  be  modified  by 
adding  the  word  "minimum"  before  the  word  "length" 


PART  571;  SllO-PRE  29 


and  "height"  in  S5.3.2.2.  It  claimed  that,  at  present, 
this  provision  requires  a  unique  cleat  for  each  size  non- 
pneumatic  spare  tire.  RMA's  requested  amendment 
would  allow  the  same  test  fixture  to  be  used  for  several 
sizes  of  non-pneumatic  spare  tires. 

Upon  reconsideration,  NHTSA  agrees  with  RMA's 
request  to  include  the  word  "minimum"  in  the  provi- 
sion describing  the  test  cleat's  length  and  height.  The 
agency  believes  that  this  modification  will  reduce  the 
testing  burden  on  manufacturers  by  permitting  a  more 
versatile  test  device,  without  adversely  affecting  the 
test's  ability  to  measure  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

Upon  further  review  of  this  provision,  the  agency  has 
decided  to  change  the  phrase  in  S5.3.2.2(c)  which  reads 
".  .  .the  mmimwrn  radius  of  the  non-pneumatic  rim.  .  ." 
to  ".  .  .the  maximum  radius  of  the  non-pneumatic 
rim.  .  ."  The  agency  notes  that  the  language  as  initial- 
ly adopted  in  the  final  rule  was  based  on  the  NPRM's 
proposal  to  use  a  plunger  test  device.  The  agency  now 
believes  that  the  newly  adopted  phrase  is  more  ap- 
propriate given  that  instead  of  the  plunger  test,  a  cleat 
test  is  used  to  determine  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

Conforming  Amendmsnts 

Upon  further  review,  the  agency  has  decided  to 
modify  the  definition  for  "wheel  center  member"  to 
add  at  the  end  of  the  existing  definition  the  following 
language:  "or  in  the  case  of  a  non-pneumatic  tire  not 
incorporating  a  wheel,  a  mechanical  device  which 
attaches,  either  integrally  or  separably,  to  the  non- 
pneumatic  tire  and  provides  the  connection  between 
the  tire  and  the  vehicle."  The  agency  believes  that  this 
conforming  amendment  is  necessary  to  make  the 
definition  for  wheel  center  member  consistent  with  the 
types  of  non-pneumatic  tire  designs  possible  under  the 
definition  for  non-pneumatic  tire  assembly.  While  the 
agency  does  not  anticipate  that  this  modification  will 
affect  the  current  non-pneumatic  tire  designs  now 
being  produced  or  developed,  the  modification  may 
permit  unforeseen  non-pneumatic  tire  designs  that  may 
be  developed  in  the  future.  The  agency  believes  that 
by  modifying  the  definition  to  allow  greater  flexibility, 
the  agency  is  better  fulfilling  its  goal  to  promulgate  a 
generic  standard. 

Upon  further  review,  the  agency  is  also  modifying 
S4.3(c)  by  replacing  the  phrase  ".  .  .wheel  tire  assem- 
bly that  is  contained.  .  ."  with  ".  .  .wheel  center  mem- 
ber that  is  contained.  .  ."  The  agency  has  determined 
that  this  conforming  amendment  is  necessary  to  make 
this  provision  consistent  with  the  listing  requirements 
in  S4.4. 


Effective  Date 
NHTSA  notes  that  section  103(c)  of  the  Vehicle  ^ 
Safety  Act  requires  that  each  order  shall  take  effect  ^ 
no  sooner  than  180  days  from  the  date  the  order  is 
issued  unless  "good  cause"  is  shown  that  an  earlier 
effective  date  is  in  the  public  interest.  As  with  the  final 
rule,  NHTSA  believes  that  there  is  "good  cause"  not 
to  require  the  full  180  day  lead-in  period  given  that  it 
is  already  permissible  to  equip  vehicles  with  these  tires. 
In  addition,  these  amendments  will  provide  greater 
design  flexibility  in  the  production  and  testing  of  non- 
pneumatic  tires  without  imposing  any  mandatory 
requirement  on  manufacturers.  Because  the  amend- 
ments provide  manufacturers  with  additional  ways  to 
comply  with  the  requirements  adopted  in  the  final  rule, 
they  result  in  no  additional  burden  to  any  manufac- 
turer. In  addition,  the  public  interest  will  be  served  by 
not  delaying  the  introduction  of  these  alternative 
methods  of  compliance.  Therefore,  the  agency  has 
determined  that  there  is  good  cause  to  set  an  effective 
date  30  days  after  publication  of  this  notice. 

In  consideration  of  the  foregoing,  the  agency  is 
amending  Standard  No.  110,  Tire  Selection  and  Rims, 
Standard  No.  120,  Tire  Selection  and  Rims  for  Motor 
Vehicles  Other  Than  Passenger  Cars,  and  Standard  No. 
129,  New  Non-Pneumatic  Tires  for  Passenger  Cars,  in 
Title  49  of  the  Code  of  Federal  Regulations  at  Part  571 
as  follows:  1.  In  §  571.110,  S6  is  revised  to  read  as  £ 
follows: 


S6     Labeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assembies. 

Each  non-pneumatic  tire  or,  in  the  case  of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S6(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 
surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
S6(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on 
a  vehicle,  in  which  case  the  information  specified  in  i 
paragraphs  S6(a)  and  (b)  shall  only  be  required  on  the 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 


PART  571;  SllO-PRE  30 


placed  on  the  tread  or  the  outermost  edge  of  the  tire 
and  is  not  obstructed  by  any  portion  of  any  non- 
pneumatic  rim  or  wheel  center  member  designated  for 
use  with  that  tire  in  this  standard  or  in  Standard  No. 
129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

2.  In  §  571.110,  S7  is  revised  to  read  as  follows: 

S7  Requirements  for  Passenger  Cars  Equipped 
with  Non-Pneumatic  Spare  Tire  Assemblies. 

57.1  Vehicle  Placarding  Requirements. 

A  placard,  permanently  affixed  to  the  inside  of  the 
vehicle  trunk  or  an  equally  accessible  location  adjacent 
to  the  non-pneumatic  spare  tire  assembly,  shall  display 
the  information  set  forth  in  S6  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

57.2  Supplementary  Information.  The  owner's 
manual  of  the  passenger  car  shall  contain,  in  writing 
in  the  English  language  and  in  not  less  than  10  point 
type,  the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 
to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S6(a) 
and  (b)  and  either  the  information  set  forth  in  S4.3(e) 
or  a  statement  that  the  information  set  forth  in  S4.3(e) 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire; 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
timity;  and 

(c)  A  statement  that  operation  of  the  passenger  car 
is  not  recommended  with  more  than  one  non-pneumatic 
spare  tire  in  use  at  the  same  time. 

3.  In  §  571.120,  S8  is  revised  to  read  as  follows: 

S8  Labeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assemhlies. 

Each  non-pneumatic  tire  or,  in  the  case  of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S8(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 


surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
SB(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on 
a  vehicle,  in  which  case  the  information  specified  in 
paragraphs  S8(a)  and  (b)  shall  only  be  required  on  the 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 
placed  on  the  tread  or  the  outermost  edge  of  the  tire 
and  is  not  obstructed  by  any  portion  of  any  non- 
pneumatic  rim  or  wheel  center  member  designated  for 
use  with  that  tire  in  this  standard  or  in  Standard  No. 
129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

4.  In  §  571.120,  S9  is  revised  to  read  as  follows: 

S9  Requirements  for  Vehicles  Equipped  with  Non- 
Pneumatic  Spare  Tire  Assemblies. 

59.1  Vehicle  Placarding  Requirements.  A  placard, 
permanently  affixed  to  the  inside  of  the  spare  tire 
stowage  area  or  equally  accessible  location  adjacent  to 
the  non-pneumatic  spare  tire  assembly,  shall  display 
the  information  set  forth  in  S8  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

59.2  Supplementary  Information.  The  owner's 
manual  of  the  vehicle  shall  contain,  in  writing  in  the 
English  language  and  in  not  less  than  10  point  type, 
the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 
to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S8(a) 
and  (b)  and  either  the  information  set  forth  in  S5.3.6 
or  a  statement  that  the  information  set  forth  in  S5.3.6 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire. 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
tunity; and 

(c)  A  statement  that  operation  of  the  vehicle  is  not 
recommended  with  more  than  one  non-pneumatic  spare 
tire  in  use  at  the  same  time. 

5.  In  §  571.129,  S3  is  revised  so  that  the  definition  for 
"wheel  center  member"  reads  as  follows: 


PART  571;  SllO-PRE  31 


Wheel  center  member"  means,  in  the  case  of  a  non- 
pneumatic  tire  assembly  incorporating  a  wheel,  a 
mechanical  device  which  attaches,  either  integrally  or 
separably,  to  the  non-pneumatic  rim  and  provides  the 
connection  between  the  non-pneumatic  rim  and  the 
vehicle;  or  in  the  case  of  a  non-pneumatic  tire  assem- 
bly not  incorporating  a  wheel,  a  mechanical  device 
which  attaches,  either  integrally  or  separably,  to  the 
non-pneumatic  tire  and  provides  the  connection  be- 
tween the  tire  and  the  vehicle. 

6.  In  §  571.129,  S4.3  is  revised  to  read  as  follows: 
Labeling  Requirements.  Each  non-pneumatic  tire  or, 
in  the  case  of  a  non-pneumatic  tire  assembly  in  which 
the  non-pneumatic  tire  is  an  integral  part  of  the  assem- 
bly, each  non-pneumatic  tire  assembly  shall  include,  in 
letters  or  numerals  not  less  than  0.078  inches  high,  the 
information  specified  in  paragraphs  S4.3(a)  through  (f). 
The  information  shall  be  permanently  molded,  stamped 
or  otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  except 
that  the  information  specified  in  S4.3(d)  and  S4.3(g) 
may  appear  on  a  label  that  is  permanently  attached  to 
the  tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be 
subsurface  printed,  made  of  a  material  that  is  resistant 
to  fade,  heat,  moisture,  and  abrasion,  and  attached  in 
such  a  manner  that  it  cannot  be  removed  without  des- 
troying or  defacing  the  label  on  the  non-pneumatic  tire 
or  tire  assembly.  The  information  shall  appear  on  both 
sides  of  the  non-pneumatic  tire  or  non-pneumatic  tire 
assembly,  except,  in  the  case  of  a  non-pneumatic  tire 
assembly  which  has  a  particular  side  that  must  always 
face  outward  when  mounted  on  a  vehicle,  in  which  case 
the  information  shown  in  paragraphs  S4.3(a)  through 
(g)  shall  only  be  required  on  the  outward  facing  side. 
The  information  shall  be  positioned  on  the  tire  or  tire 
assembly  such  that  it  is  not  placed  on  the  tread  or  the 
outermost  edge  of  the  tire  and  is  not  obstructed  by  any 
portion  of  any  non-pneumatic  rim  or  wheel  center  mem- 
ber designated  for  use  with  that  tire  in  S4.4  of  this  stan- 
dard or  in  49  CFR  §  571.110  or  49  CFR  §  571.120. 

(a)  The  non-pneumatic  tire  identification  code 
("NPTIC"); 

(b)  Load  rating,  which,  if  expressed  in  kilograms, 
shall  be  followed  in  parenthesis  by  the  equivalent  load 
rating  in  pounds,  rounded  to  the  nearest  whole  pound; 


(c)  For  a  non-pneumatic  tire  that  is  not  an  integral 
part  of  a  non-pneumatic  tire  assembly,  the  size  and  type 
designation  of  the  non-pneumatic  rim  or  wheel  center 
member  that  is  contained  in  the  submission  made  by 
a  manufacturer,  pursuant  to  S4.4(a),  or  in  one  of  the 
publications  described  in  S4.4(b)  for  that  tire's  non- 
pneumatic  tire  identification  code  designation; 

(d)  The  name  of  the  manufacturer  or  brand  name; 

(e)  The  symbol  DOT  in  the  manner  specified  in  Part 
574  of  this  chapter,  which  shall  constitute  a  certifica- 
tion that  the  tire  conforms  to  applicable  Federal  mo- 
tor vehicle  safety  standards; 

(f)  The  tire  identification  number  required  by  §  574.5 
of  this  chapter., 

(g)  The  labeling  requirements  set  forth  in  S6  of  Stan- 
dard No.  110  (§  571.110),  or  S8  of  Standard  No.  120 
(§  571.120). 

7.  In  §  571.129,  S5.3.2.2  is  revised  to  read  as  follows: 

S5.3.2.2     The  test  cleat  is  made  of  steel  and  has  the 
following  dimensions: 

(a)  Minimum  length  of  one  inch  greater  than  the 
maximum  tire  width  of  the  tire, 

(b)  Width  of  one-half  inch  with  the  surface  which  con- 
tacts the  tire's  tread  having  one-quarter  inch  radius, 
and 

(c)  Minimum  height  of  one  inch  greater  than  the 
difference  between  the  unloaded  radius  of  the  non- 
pneumatic  tire  assembly  and  the  maximum  radius  of 
the  non-pneumatic  rim  or  wheel  center  member,  if  used 
with  the  non-pneumatic  tire  assembly  being  tested. 


Issued  on  April  22,  1991. 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  19308 
April  26,  1991 


PART  571;  SllO-PRE 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  110 
Tire  Selection  and  Rims— Passenger  Cars 


51.  Purpose  and  scope.  This  standard  specifies  re- 
quirements for  tire  selection  to  prevent  tire  over- 
loading. 

52.  Application.  [This  standard  applies  to  pas- 
senger cars  and  to  non-pneumatic  spare  tire  assemblies 
for  use  on  passenger  cars.  (55  F.R.  29581— July  20, 1990. 
Effective:  August  20,  1990)] 

53.  Definitions. 

Accessory  weight  means  the  combined  weight  (in 
excess  of  those  standard  items  which  may  be  replaced) 
of  automatic  transmission,  power  steering,  power 
brakes,  power  windows,  power  seats,  radio,  and  heater, 
to  the  extent  that  these  items  are  available  as  factory- 
installed  equipment  (whether  installed  or  not). 

Curb  weight  means  the  weight  of  a  motor  vehicle  with 
standard  equipment  including  the  maximum  capacity 
of  fuel,  oil,  and  coolant,  and,  if  so  equipped,  air  condi- 
tioning and  additional  weight  optional  engine. 

Maximum  loaded  vehicle  weight  means  the  sum 
of- 

(a)  Curb  weight; 

(b)  Accessory  weight; 

(c)  Vehicle  capacity  weight;  and 

(d)  Production  options  weight. 

[Non-pneumxitic  rim  is  used  as  defined  in  §571.129. 

Non-pneumatic  spare  tire  assembly  means  a  non- 
pneumatic  tire  assembly  intended  for  temporary  use 
in  place  of  one  of  the  pneumatic  tires  and  rims  that  are 
fitted  to  a  passenger  car  in  compliance  with  the  require- 
ments of  this  standard. 


Non-pneumatic  tire  and  non-pneumatic  tire  - 
bly  are  used  as  defined  in  §571.129.1 

Normal  occupant  weight  means  150  pounds  times  the 
number  of  occupants  specified  in  the  second  column  of 
Table  I. 

Occupant  distribution  means  distribution  of  occu- 
pants in  a  vehicle  as  specified  in  the  third  column  of 
Table  I. 


Production  options  weight  means  the  combined 
weight  of  those  installed  regular  production  options 
weighting  over  5  pounds  in  excess  of  those  standard 
item  which  they  replace,  not  previously  considered  in 
curb  weight  or  accessory  weight,  including  heavy  duty 
brakes,  ride  levelers,  roof  rack,  heavy  duty  battery,  and 
special  trim. 

[Rim  is  used  as  defined  in  §571.109.1 

Vehicle  capacity  weight  means  the  rated  cargo  and 
luggage  load  plus  150  pounds  times  the  vehicle's  desig- 
nated seating  capacity. 

Vehicle  maximum  load  on  the  tire  means  that  load 
on  an  individual  tire  that  is  determined  by  distribut- 
ing to  each  axle  its  share  of  the  maximum  loaded  vehi- 
cle weight  and  dividing  by  two. 

Vehicle  normal  load  on  the  tire  means  that  load  on 
an  individual  tire  that  is  determined  by  distributing  to 
each  axle  its  share  of  the  curb  weight,  accessory 
weight,  and  normal  occupant  weight  (distributed  in  ac- 
cordance with  Table  I)  and  dividing  by  two. 

[Wheel  center  member  is  used  as  defined  in 
§571.129.1 

1(55  F.R.  29581— July  20,  1990.  Effective:  August  20, 
1990)1 

S4.     Requirements. 

54.1  General.  [Passenger  cars  shall  be  equipped 
wath  tires  that  meet  the  requirements  of  §571.109,  New 
Pneumatic  Tires— Passenger  Cars,  except  that  pas- 
senger cars  may  be  equipped  with  a  non-pneumatic 
spare  tire  assembly  that  meets  the  requirements  of 
§571.129,  New  Non-Pneumatic  Tires  for  Passenger 
Cars  and  S6  and  S8  of  this  standard.  Passenger  cars 
equipped  with  such  an  assembly  shall  meet  the  require- 
ments of  S4.3(e),  S5,  and  S7  of  this  standard.  (55  F.R. 
29581— July  20,  1990.  Effective:  August  20,  1990)] 

54.2  Tire  load  limits. 

S4.2.1 .  The  vehicle  maximum  load  on  the  tire  shall 
not  be  greater  that  the  applicable  maximum  load  rat- 
ing specified  in  one  of  the  publications  described  in 
S4.4.1(b)  of  Motor  Vehicle  Safety  Standard  No.  109  for 
the  tire's  size  designation  and  type. 


(Rev.  7/20/90) 


PART  110-1 


TABLE  I 

Occupant  Loading  and  Distribution  for  Vehicle  Normal  Load 

for  Various  Designated  Seating  Capacities 

Occupant 
Designated  Seating  Vehicle  Normal  Distribution  in  a 

Capacity,  Number         Load,  Number  of         Normally-Loaded 
Occupants  Occupants  Vehicle 


2  thru  4 
5  thru  10 


2  in  front 
2  in  front 
1  in  second  seat 


S4.2.2  The  vehicle  normal  load  on  the  tire  shall  not 
be  greater  than  the  test  load  used  in  the  high  speed 
performance  test  specified  in  S5.5  of  Motor  Vehicle 
Safety  Standard  No.  109  for  that  tire. 

S4.3  Placard.  A  placard,  permanently  affixed  to 
the  glove  compartment  door  or  an  equally  accessible 
location,  shall  display  the— 

(a)  Vehicle  capacity  weight; 

(b)  Designated  seating  capacity  expressed  in  terms 
of  total  number  of  occupants  and  in  terms  of  occupants 
for  each  seat  location); 

(c)  Vehicle  manufacturer's  recommended  cold  tire  in- 
flation pressure  for  maximum  loaded  vehicle  weight 
and,  subject  to  the  limitations  of  S4.3.1,  for  any  other 
manufacturer-specified  vehicle  loading  condition; 

(d)  Vehicle  manufacturer's  recommended  tire  size 
designation;  and 

(e)  For  a  vehicle  equipped  with  a  non-pneumatic 
spare  tire  assembly,  the  non-pneumatic  tire  identifica- 
tion code  with  which  that  assembly  is  labeled  pursuant 
to  the  requirements  of  S4.3(a)  of  §571.129,  New  Non- 
Pneumatic  Tires  for  Passenger  Cars. 

S4.3.1  No  inflation  pressure  other  than  the  maxi- 
mum permissible  inflation  pressure  may  be  specified 
unless— 

(a)  It  is  less  than  the  maximum  permissible  inflac- 
tion  pressure; 

(b)  The  vehicle  loading  condition  for  that  pressure 
is  specified;  and 

(c)  The  tire  load  rating  from  Table  I  of  Motor  Vehi- 
cle Safety  Standard  No.  109  for  the  tire  at  that  pres- 
sure is  not  less  than  the  vehicle  load  on  the  tire  for  that 
vehicle  loading  condition. 


S4.4     Rims. 

S4.4.1  Requirements.  Each  rim  shall: 
(a)  Be  constructed  to  the  dimesions  of  a  rim  that  is 
listed  pursuant  to  the  definition  of  "test  rim"  in  para- 
graph S3,  of  §571.109  (Standard  No.  109)  for  use  with 
the  tire  size  designation  with  which  the  vehicles  is 
equipped. 


(b)  In  the  event  of  rapid  loss  of  inflation  pressure     M 
with  the  vehicle  traveling  in  a  straight  line  at  a  speed     ^ 
of  60  miles  per  hour,  retain  the  deflated  tire  until  the 
vehicle  can  be  stopped  with  a  controlled  braking 
application. 

55.  Load  limits  for  non-pneumatic  spare  tires.    The 

highest  vehicle  maximum  load  on  the  tire  for  the  vehi- 
cle shall  not  be  greater  than  the  load  rating  for  the  non- 
pneumatic  spare  tire. 

56.  Labeling  requirements  for  non-pneumatic  spare 
tires  or  tire  assemblies. 

[Each  non-pneumatic  tire  or,  in  the  case  of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S6.(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  assembly.  If  a  label  is  used,  it  shall  be  subsurface 
printed,  made  of  material  that  is  resistant  to  fade,  heat, 
moisture  and  abrasion,  and  attached  in  such  a  manner  ^ 
that  it  cannot  be  removed  without  destroying  or  defac-  |fl 
ing  the  label  on  the  non-pneumatic  tire  or  tire  assem- 
bly. The  information  specified  in  paragraphs  S6(a)  and 
(b)  shall  appear  on  both  sides  of  the  non-pneumatic  tire 
or  tire  assembly,  except,  in  the  case  of  a  non-pneumatic 
tire  assembly  which  has  a  particular  side  that  must  al- 
ways face  outward  when  mounted  on  a  vehicle,  in  which 
case  the  informatio  specified  in  paragraphs  S6(a)  and 
(b)  shall  only  be  required  on  the  outward  facing  side. 
The  information  shall  be  positioned  on  the  tire  or  tire 
assembly  such  that  it  is  not  placed  on  the  tread  or  the 
outermost  edge  of  the  tire  and  is  not  obstructed  by  any 
portion  of  any  non-pneumatic  rim  or  wheel  center  mem- 
ber designated  for  use  with  that  tire  in  this  standard 
or  in  Standard  No.  129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H.  (56  F.R.  19308— April  26, 
1991.  Effective:  May  28,  1991)1 

57.  Requirements  for  passenger  cars  equipped  with 
non-pneumatic  spare  tire  assemblies. 

S7.1  Vehicle  placarding  requirements.  A  placard, 
permanently  affixed  to  the  inside  of  the  vehicle  trunk 
or  an  equally  accessible  location  adjacent  to  the  non- 
pneumatic  spare  tire  assembly,  shall  display  the  infor- 
mation  set  forth  in  S6  in  block  capitals  and  numerals  M 
not  less  than  0.25  inches  high  preceded  by  the  words 
"IMPORTANT-USE  OF  SPARE  TIRE"  in  letters 
not  less  than  0.375  inches  high. 


(Rev.  4/26/91) 


PART  110-2 


S7.2  Supplementary  information.  The  owner's 
manual  of  the  passenger  car  shall  contain,  in  writing 
in  the  English  language  and  in  not  less  than  10  point 
type,  the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  [A  statement  indicating  the  information  related 
to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S6(a) 
and  (b)  and  either  the  information  set  forth  in  S4.3(e) 
or  a  statement  that  the  information  set  forth  in  S4.3(e) 
is  located  on  the  vehicle  placard  and  on  the  nonpneu- 
matic  tire;  (56  F.R.  19308— April  26, 1991.  Effective:  May 
28,  1991.  Effecive:  May  28,  1991)1 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
timity;  and 

(c)  A  statement  that  operation  of  the  passenger  car 
is  not  recommended  with  more  than  one  non-pneumatic 
spare  tire  in  use  at  the  same  time. 


S8.1 


Non-pneumatic  rims  and  wheel  center  members. 
Non-pneumatic  rim  requirements.    Each  non- 


pneumatic  rim  that  is  part  of  a  separable  non- 
pneumatic  spare  tire  assembly  shall  be  constructed  to 
the  dimensions  of  a  non-pneumatic  rim  that  is  listed 
pursuant  to  S4.4  of  §571.129  for  use  with  the  non- 
pneumatic  tire,  designated  by  its  non-pneumatic  tire 
indentification  code,  with  which  the  vehicle  is  equipped. 

S8.2  Wheel  center  member  requirements.  Each 
wheel  center  member  that  is  part  of  a  separable  non- 
pneumatic  spare  tire  assembly  shall  be  constructed  to 
the  dimensions  of  a  wheel  center  member  that  is  listed 
pursuant  to  S4.4  of  §571.129  for  use  with  the  non- 
pneumatic  tire,  designated  by  its  non-pneumatic  tire 
identification  code,  with  which  the  vehicle  is  equipped. 


33  F.R.  14969 
October  5,  1968 


(Rev.  4/26/91) 


PART  110-3 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  116 

Motor  Vehicle  Brake  Fluids— Color  Coding 

(Docket  No.  90-06;  Notice  2) 
RN  2127-AD05 


ACTION:    Final  rule. 

SUMMARY:  In  response  to  a  petition  from  Bendix 
France,  this  notice  amends  Standard  No.  116's  color 
coding  requirements  to  require  that  a  newly  developed 
type  of  brake  fluid,  which  is  of  a  non-silicone  base  that 
meets  the  characteristics  of  DOT  5  fluids,  be  colorless 
to  amber.  All  brake  fluids  that  have  these  characteris- 
tics and  that  are  manufactured  before  the  effective  date 
of  these  amendments  are  required  by  the  standard  to 
be  purple.  NHTSA  has  determined  that  requiring  the 
newly  developed  DOT  5  non-silicone  base  brake  fluids 
(non-SBBFs)  to  be  colorless  to  amber  will  help  distin- 
guish them  from  traditional  silicone  base  brake  fluids 
(SBBFs),  which  continue  to  be  required  to  be  purple 
in  color.  To  further  distinguish  the  new  fluids,  they  will 
henceforth  have  to  be  labeled  "DOT  5.1  non-silicone 
base."  In  addition,  the  amendments  require  DOT  5.1 
non-SBBFs  to  comply  with  the  test  procedures  for  pH 
value,  chemical  stability,  and  compatibility.  DOT  5 
SBBFs  continue  to  be  excluded  from  these  require- 
ments, since  silicone  base  fluids  are  inherently  stable 
in  terms  of  pH  and  chemical  stability.  This  notice  also 
amends  certain  test  procedures  to  ensure  the  repeata- 
bility of  test  results  and  deletes  extraneous  language 
that  is  no  longer  in  effect. 


EFFECTIVE  DATE: 

ember  11,  1991. 


The  rule  is  effective  on  Sept- 


SUPPLEMENTARY  INFORMATION:  Federal  Motor 
Vehicle  Safety  Standard  No.  116,  Motor  Vehicle  Brake 
Fluids,  (49  CFR  571.116)  sets  forth  requirements  for 
the  fluids  used  in  hydraulic  brake  systems  of  motor 
vehicles,  the  containers  for  these  fluids,  and  the  labels 
for  these  containers.  This  standard  is  intended  to 
reduce  failures  in  the  hydraulic  braking  systems  of 
motor  vehicles  which  may  occur  because  of  the 
manufacture  or  use  of  improper  or  contaminated  fluid. 
Section  S5.1  specifies  three  grades  of  motor  vehicle 
brake  fluids  (DOT  3,  DOT  4,  and  DOT  5)  and  sets  forth 
performance  requirements  for,  among  other  things,  the 
equilibrium  reflux  boiling  point  (ERBP),  the  wet 


ERBP,  and  the  kinematic  viscosities.  DOT  5  brake 
fluids  are  required  to  have  higher  boiling  points  and 
superior  low  temperature  kinematic  viscosities  than 
DOT  3  and  DOT  4  brake  fluids.  As  a  result,  DOT  5 
brake  fluids  are  associated  with  higher  performance 
levels  than  the  DOT  3  and  DOT  4  brake  fluids.  DOT 
5  brake  fluids  have  traditionally  been  of  a  silicone  base, 
while  DOT  3  and  DOT  4  brake  fluids  have  been  of  a 
non-silicone  base.  A  silicone  base  brake  fluid  (SBBF) 
is  immiscible  (i.e.,  incapable  of  mixing  or  attaining 
homogeneity)  with  a  non-silicone  base  brake  fluide 
(non-SBBF). 

In  recent  years,  manufacturers  have  developed  DOT 
5  non-SBBFs  which  are  fully  miscible  with  DOT  3  and 
DOT  4  fluids,  but  immiscible  with  traditional  DOT  5 
SBBFs.  The  DOT  5  non-SBBFs  may  provide  a  low  cost 
alternative  to  the  traditional  high  performance  DOT 
5  SBBFs. 

Unlike  the  non-SBBFs,  SBBFs  (i.e.,  these  traditional 
DOT  5  fluids)  have  corrosion  inhibiting  properties 
resulting  from  their  "low  moisture  avidity,"  i.e.,  they 
do  not  absorb  water.  While  some  consumers  purchase 
the  DOT  5  SBBFs  for  this  characteristic.  Standard  No. 
116's  performance  requirements  do  not  address  the 
corrosion  inhibiting  characteristics  directly  related  to 
a  brake  fluid's  field  performance. 

Section  S5.1.14  of  Standard  No.  116  has  for  some- 
time required  DOT  3  and  DOT  4  brake  fluid  to  be  color- 
less to  amber,  DOT  5  to  be  purple,  and  hydraulic  system 
mineral  oil  to  be  green.  In  establishing  color  code 
requirements,  the  agency  explained  their  purpose  "is 
to  permit  easy  identification  of  fluids  before  they  are 
placed  in  the  vehicle,  in  order  to  prevent  the  mixing 
of  an  incompatible  fluid  in  a  braking  system"  and  "to 
enable  users  to  distinguish  among  various  unused  brake 
fluids,  rather  than  to  match  fluid  in  a  master  cylinder 
with  additional  fluid."  (41  FR  54942,  December  16, 
1976). 

Petition  for  Rulemaking 

On  January  18,  1989,  Bendix  France,  a  division  of 
Allied  Signal  (Bendix),  petitioned  the  agency  to  amend 
Standard  No.  116's  color  coding  requirements,  claiming 


PART  571;  S116-PRE  43 


that  the  DOT  5  non-SBBFs  would  provide  a  cost 
effective  means  of  improving  consumer  safety.  The 
petitioner  stated  that  requiring  DOT  5  non-SBBFs  to 
be  purple  would  mislead  consumers,  since  they  are 
immiscible  with  traditional  DOT  5  SBBFs  but  miscible 
with  traditional  DOT  3  and  DOT  4  fluids.  Accordingly, 
Bendix  requested  the  agency  to  require  the  new  DOT 
5  non-SBBFs  to  be  colorless  to  amber  to  distinguish 
them  from  the  traditional  purple  DOT  5  SBBFs.  In 
addition,  the  petitioner  requested  the  new  DOT  5 
non-SBBFs  be  required  to  comply  with  certain  re- 
quirements from  which  DOT  5  SBBFs  are  currently 
excluded  (i.e.,  the  pH  requirements  in  S5.1.4,  the 
chemical  stability  requirements  in  S5. 1.5.2,  and  the 
compatibility  requirements  for  stratification  in 
S5.1.10).  The  DOT  5  fluids  have  been  excluded  from 
pH  and  chemical  stability  requirements  because  DOT 
5  SBBFs  are  inherently  stable.  Thus,  such  testing  is 
unnecessary.  The  petitioner  did  not  request  that  DOT 
5  SBBFs  be  required  to  comply  with  any  different 
performance  requirements. 

Notice  of  Proposed  Rulemaking  (NPRIVI) 

On  March  2,  1990,  NHTSA  proposed  amending 
Standard  No.  116  to  require  DOT  5  non-SBBFs  to  be 
colorless  to  amber,  reasoning  that  such  color  coding 
would  help  consumers  distinguish  among  brake  fluids 
with  differing  characteristics.  (55  FR  7510)  In  partic- 
ular, the  agency  tentatively  determined  that  the  newly 
developed  DOT  5  non-SBBFs,  with  their  differing  mis- 
cibility  and  corrosion  inhibiting  properties,  should  be 
distinguished  from  traditional  DOT  5  SBBFs.  To 
further  distinguish  the  new  fluids,  the  notice  proposed 
that  DOT  5  fluids  be  labeled  either  "DOT  5  non-silicone 
base"  or  "DOT  5  silicone  base,"  as  appropriate.  The 
notice  also  proposed  requiring  DOT  5  non-SBBFs  to 
comply  with  the  performance  requirements  for  pH 
value,  chemical  stability,  and  compatibility. 

The  Agency  Response  to  the  Comments 

NHTSA  received  nine  comments  in  response  to  the 
NPRM.  The  agency  has  considered  the  points  raised 
in  the  comments  in  developing  this  final  rule.  The 
significant  points  raised  by  the  commenters  are 
addressed  below,  along  with  the  agency's  response  to 
them.  For  the  convenience  of  the  reader,  this  notice 
follows  the  NPRM's  order. 

A.  Color  Coding  Requirements 

At  the  time  that  Bendix  petitioned  the  agency, 
section  S5.1.14  required  that  DOT  3  and  DOT  4  fluids 
be  colorless  to  amber,  DOT  5  be  purple,  and  hydraulic 
system  mineral  oil  be  green.  These  requirements,  along 
with  section  S5.2.2.1's  requirement  that  the  label 


include  the  DOT  grade,  are  intended  to  assist  users  in  fk 
distinguishing  among  brake  fluids.  In  the  interest  of  ' 
promoting  the  proper  use  of  its  newly  developed  non- 
SBBF  DOT  5  fluid,  the  petitioner  requested  the  agency 
use  color  coding  to  distinguish  further  between  those 
fluids  and  DOT  5  SBBFs.  The  petitioner  recommended 
the  distinction  be  based  on  whether  the  fluid  showed 
stratification  during  compatibility  tests. 

The  notice  proposed  that  DOT  5  non-SBBFs  be  color- 
less to  amber  and  traditional  DOT  5  SBBFs  remain 
purple.  The  agency  based  its  original  color  coding 
proposal  on  existing  requirements  of  independent 
standardization  organizations  including  the  Society  of 
Automotive  Engineers  (SAE);  FAKRA.  the  German 
equivalent  to  the  SAE.,  and  the  International  Stand- 
ardization Organisation  (ISO).  The  agency  s  goal  was 
to  develop  a  system  for  distinguishing  among  brake 
fluids  that  would  not  be  overly  complex  or  misleading. 

Chrysler,  GM,  and  Wagner  agreed  that  the  DOT  5 
non-SBBFs  should  be  colorless  to  amber,  stating  that 
color  coding  of  fluids  alerts  consumers  against  mixing 
incompatible  fluids.  No  commenters  addressing  this 
issue  opposed  the  color  coding  proposal. 

Based  on  the  reasons  set  forth  in  the  NPRM  and  the 
agreement  of  those  manufacturers  commenting  on  the 
issue,  the  agency  has  decided  to  adopt  the  color  coding      f^ 
requirements  in  S5.1.14,  as  proposed. 

B.  DOT  Grade  Category 

As  mentioned  above,  section  S5. 2.2.1  requires  brake 
fluid  labels  to  include  the  DOT  grade.  In  response  to 
the  petition,  NHTSA  proposed  that  labels  on  DOT  5 
fluids  would  have  to  indicate  whether  the  fluid  is  a 
"silicone  base"  or  "non-silicone  base."  The  agency 
tentatively  concluded  that  this  additional  information 
was  necessary  to  facilitate  consumer  comprehension 
about  the  immiscibility  of  the  Bendix  fluid  with  tradi- 
tional DOT  5  SBBFs.  The  proposal  discussed  other 
designations,  e.g.,  "high  temperature  DOT  4"  and  DOT 
6,  but  rejected  these  because  they  had  the  potential  to 
be  confusing  and  were  inconsistent  with  the  actions  of 
the  standardization  organizations. 

Commenters  offered  differing  views  about  the  best 
way  to  designate  the  new  non-silicone  base  DOT  5 
brake  fluid.  Dow  favored  the  labeling  designation  as 
proposed,  claiming  that  the  other  designations  would 
be  misleading.  Mico  and  Wagner,  manufacturers  of 
brake  components,  and  GM  believed  that  designating 
both  silicone  base  and  non-silicone  base  fluids  as  "DOT 
5"  was  not  sufficient  to  prevent  misapplications 
because  some  consumers  might  rely  solely  on  the  ^ 
marking  "DOT  5"  and  would  not  know  the  difference 
between  SBBFs  and  non-SBBFs.  These  commenters 
were  concerned  that  manuals  instructing  consumers 


PART  571;  S116-PRE  44 


to  "use  DOT  5  fluids"  in  their  vehicles  would  contribute 
to  the  damaging  of  the  braking  systems  of  aftermarket 
vehicles  if  those  systems  were  exposed  to  DOT  5  non- 
SBBFs.  FAKRA  recommended  that  the  non-SBBFs  be 
designated  DOT  5  "conventional"  fluids  because  of 
their  similarities  to  DOT  3  and  4  fluids.  Stating  that 
further  differentiation  could  be  attained  without  violat- 
ing the  concerns  in  the  NPRM,  Chrysler  recommended 
that  DOT  5  non-SBBFs  be  designated  "DOT  5.1  non- 
sUicone  base  brake  fluid."  Chrysler  continued  that  such 
a  designation  would  indicate  that  the  new  fluid  had 
DOT  5  performance  characteristics  and  yet  implied 
something  different. 

After  reviewing  the  proposal  in  light  of  the  com- 
ments, the  agency  has  decided  to  require  non-SBBFs 
with  DOT  5  performance  characteristics  to  be  labeled 
"DOT  5.1  non-silicone  base"  and  traditional  SBBFs 
with  DOT  5  performance  characteristics  will  be  labeled 
"DOT  5  siHcone  base."  The  agency  has  decided  that 
such  labeling  requirements  are  necessary  to  help 
further  distinguish  the  newly  developed  fluid,  thus 
reducing  the  risk  of  mixing  incompatible  fluids.  The 
agency  believes  that  this  designation  will  avoid  an 
overly  complex  labeling  system,  be  consistent  with 
labeling  specifications  in  other  countries  (International 
Harmonization),  and  adequately  alert  consumers  not 
to  use  the  new  non-SBBF  fluid  in  systems  marked  "Use 
with  DOT  5  only." 


C.  Chemical  Composition 

In  proposing  requirements  distinguishing  between 
SBBFs  and  non-SBBFS,  the  agency  recognized  that 
Standard  No.  116  traditionally  has  focused  broadly  on 
performance  rather  than  chemical  composition  and  has 
never  required  the  label  to  state  the  fluid's  composi- 
tion. However,  the  NPRM  explained  that  the  basis  for 
the  proposal  is  the  immiscibility  of  SBBFs  and  non- 
SBBFs,  a  factor  relevant  to  the  standard's  test  proce- 
dure for  compatibility.  As  for  differentiating  DOT  5 
fluids,  the  petitioner  suggested  that  it  be  based  on 
stratification  (i.e.,  the  separation  into  definite  layers 
of  different  non-homogenous  materials  in  a  mixture) 
when  tested  according  to  the  standard's  compatibility 
test.  The  NPRM  rejected  this  method  of  differentia- 
tion because  stratification  would  be  difficult  to  deter- 
mine in  practice  and  thus  difficult  to  enforce.  The 
agency  tentatively  concluded  that  the  best  way  to 
differentiate  DOT  5  fluids  would  be  through  using  an 
existing  definition  specifying  that  a  fluid  is  either  a 
SBBF  or  a  non-SBBF.  The  notice  stated  that  this  would 
enable  SBBFs  to  be  differentiated  from  other  DOT  5 
fluids,  while  avoiding  potential  ambiguities  caused  by 
incomplete  stratification  during  testing.  The  notice 
thus  proposed  adopting  the  definition  for  silicone  base 


brake  fluid  in  the  military  specification,  "Brake  Fluid, 
Silicone,  Automotive,  All  Weather,  Operational  and 
Preservative,  Metric,"  MIL-B-46176A,  (29  April  1986, 
amended  5  August  1988).  That  provision  states  that 
"The  material  covered  by  this  specification  shall  con- 
tain not  less  than  70  percent  by  weight  of  a  diorgano 
polysiloxane.  .  ."  The  agency  did  not  anticipate  that 
this  proposal  would  pose  a  significant  problem  for  cur- 
rent users  because  the  principal  users  of  silicone  base 
brake  fluid,  the  military  and  the  Postal  Service,  cur- 
rently use  this  definition. 

Union  Carbide  opposed  this  distinction  stating  that 
it  is  difficult  to  justify  distinguishing  between  one  fluid 
containing  69  percent  diorgano  polysiloxane  and  one 
with  71  percent.  Wagner  was  concerned  that  such  a 
designation  would  delay  future  product  development 
because  then  other  rulemakings  to  amend  the  the  DOT 
5  category  might  be  required.  Union  Carbide  was  also 
concerned  that  differences  in  miscibility  properties  by 
fluid  composition  may  limit  the  selection  of  other  types 
of  raw  materials. 

In  response  to  Union  Carbide's  first  concern,  the 
agency  notes  that  as  with  all  Federal  safety  standards 
issued  under  the  Vehicle  Safety  Act,  Standard  No.  116 
must  use  definitions  that  are  clear  and  objective.  As 
such,  there  will  always  be  situations  at  which  a  line 
must  be  drawn.  As  for  delaying  future  development, 
the  agency  disagrees  with  the  commenter's  belief  that 
distinguishing  between  silicone  base  and  non-silicone 
base  fluids  will  restrict  the  development  of  additional 
fluids,  because  the  two  categories— silicone  base  fluids 
and  non-silicone  base  fluids  (i.e.,  fluids  with  any  com- 
position other  than  of  a  silicone  base)— are  all  inclusive. 

D.     Test  Procedures 

Bendix  requested  that  any  DOT  5  non-SBBF  be  re- 
quired to  comply  with  all  performance  requirements 
in  Standard  No.  116,  even  requirements  from  which 
DOT  5  fluids  have  previously  been  excluded.  As  initially 
promulgated.  Standard  No.  116  excluded  the  DOT  5 
fluids  from  the  pH  value  requirements  in  S5.1.4  and 
the  chemical  stability  requirements  in  S5.1.5.2.  These 
requirements  were  deemed  unnecessary  for  DOT  5 
fluids  which,  at  the  time,  were  typically  SBBFs.  The 
agency  agreed  with  the  petitioner  and  proposed  that, 
except  for  DOT  5  SBBFs,  all  fluids,  including  DOT  5 
non-SBBFs,  must  comply  vrith  the  requirements  for  pH 
value,  chemical  stability,  and  compatibility  in  relation 
to  compatibility.  In  addition,  the  notice  proposed  that 
to  test  DOT  5  non-SBBFs  more  accurately,  those  fluids 
should  be  subject  to  the  procedure  evaluating  water 
tolerance  in  S6.9.  The  notice  also  proposed  requiring 
DOT  5  non-SBBFs  to  be  mixed  with  3.5  percent  water 
rather  than  be  humidified,  and  be  tested  for  its  pH 


PART  571;  S116-PRE  45 


value.  As  for  the  humidification  test  procedure,  the 
notice  proposed  increasing  the  test's  duration  through 
the  use  of  larger  samples  and  requiring  the  test  fluid 
and  the  TEGME  sample  to  be  placed  in  the  same  desic- 
cator. The  agency  tentatively  concluded  that  these 
modifications  w^oiild  better  ensure  test  result  repeata- 
bility and  thus  the  standard's  enforceability.  The  notice 
also  proposed  deleting  outdated  provisions,  such  as 
references  to  tests  with  RM-1  fluid,  which  were  in 
effect  until  November  3,  1986. 

GM  agreed  with  the  proposal  that  the  non-SBBFs 
with  DOT  5  performance  characteristics  should  com- 
ply with  the  pH  value,  chemical  stability,  and  stratifi- 
cation portion  of  the  compatibility  requirements. 
Wagner  believed  that  both  the  non-SBBF  and  SBBF 
should  be  tested  identically.  No  commenters  opposed 
this  proposal  to  require  full  compliance  of  non-SBBFs. 

Based  on  the  discussion  in  the  proposal  and  the 
comments  about  it,  the  agency  has  decided  to  test  the 
new  DOT  5.1  non-SBBF,  as  proposed.  However,  it 
disagrees  with  Wagner's  recommendation  to  subject 
SBBFs  to  the  pH,  chemical  stability,  and  no-stratif- 
ication requirements  of  the  water  tolerance  test.  Given 
the  inherent  stability  of  SBBFs,  such  testing  would 
only  add  extra  cost  and  time  to  the  tests,  without 
producing  any  corresponding  safety  benefits. 

E.     Miscellaneous  Issues 

Several  commenters  raised  other  issues  in  their 
comments.  Wagner  was  concerned  about  DOT  5  per- 
formance characteristics  not  currently  addressed  in 
Standard  No.  116,  including  vapor  lock,  lubricity,  the 
effect  on  rubber,  mixed  fluid  corrosion,  and  air  solu- 
bility. Wagner  also  recommended  additional  require- 
ments to  address  fluid  compressibility  and  related 
brake  pedal  travel.  Union  Carbide  suggested  that  the 
agency  establish  two  separate  safety  standards  for 
brake  fluids:  one  for  low  water  tolerant,  e.g.  silicone 
base,  brake  fluids,  and  one  for  water  tolerant  brake 
fluids.  Union  Carbide  also  recommended  using  differ- 
ent referee  materials  for  the  different  grade  fluids. 

The  agency  notes  that  the  issues  addressed  in  these 
comments  are  beyond  the  scope  of  the  proposal.  The 
agency  may  consider  proposing  such  amendments  in 
the  future  if  it  determines  that  there  is  a  need  for  them. 

In  consideration  of  the  foregoing,  it  is  proposed  that 
49  CFR  571.116,  Motor  Vehicle  Brake  Fluids,  be 
amended  as  follows: 

In  §  571.116,  S4  is  amended  by  adding  the  following 
definition  "silicone  base  brake  fluid"  (SBBF)  in  alpha- 
betical order  to  read  as  follows: 

A  "silicone  base  brake  fluid"  (SBBF)  is  a  brake  fluid 
which  consists  of  not  less  than  70  percent  by  weight 
of  a  diorgano  polysiloxane. 


3.  In  §  571.116,  S5  is  revised  to  read  as  follows: 
S5.  Requirements:  This  section  specifies  perfor- 
mance requirements  for  DOT  3,  DOT  4,  and  DOT  5 
brake  fluids;  requirements  for  brake  fluid  certification; 
and  requirements  for  container  sealing,  labeling,  and 
color  coding  for  brake  fluids  and  hydraulic  system 
mineral  oils.  Where  a  range  of  tolerances  is  specified, 
the  brake  fluid  shall  meet  the  requirements  at  all  points 
within  the  range. 

4.  In  §  571.116,  S5.1.4  is  revised  to  read  as  follows: 
S5.1.4    pH  value.    When  brake  fluid,  except  DOT  5 

SBBF,  is  tested  according  to  S6.4,  the  pH  value  shall 
not  be  less  than  7.0  nor  more  than  than  11.5.  5. 
In  §  571.116,  S5. 1.5.2  is  revised  to  read  as  follows: 
S51.5.2  Chemical  stability.  When  brake  fluid, 
except  DOT  5  SBBF,  is  tested  according  to  S6.5.4,  the 
change  in  temperature  of  the  refluxing  fluid  mixture 
shall  not  exceed  3.0°  C.  (5.4°  F.)  plus  0.05°  for  each 
degree  that  the  ERBP  of  the  fluid  exceeds  225°  C. 
(437°.  F.). 

6.  In  §  571.116,  S5.1.6(f)  is  revised  to  read  as  follows: 
(f)  The  pH  value  of  water-wet  brake  fluid,  except 

DOT  5  SBBF,  at  the  end  of  the  test  shall  not  be  less 
than  7.0  nor  more  than  11.5.; 

7.  In  571.116,  S5.5.1.10  is  revised  to  read  as  follows: 
S.5.1.10    Compatibility. 

(a)  At  low  temperature.  When  brake  fluid  is  tested 
according  to  S6. 10.3(a),  the  test  specimen  shall  show 
no  sludging,  sedimentation,  or  crystallization.  In  addi- 
tion, fluids,  except  DOT  5  SBBF,  shall  show  no  stratifi- 
cation. 

(b)  At  60°  C.  (140°  F.).  When  brake  fluid  is  tested 
according  to  S6. 10.3(b)- 

(1)  Sedimentation  shall  not  exceed  0.05  percent  by 
volume  after  centrifuging;  and 

(2)  Fluids,  except  DOT  5  SBBF,  shall  show  no 
stratification. 

8.  In  §  571.116,  S5.1.14  is  revised  to  read  as  follows: 
S5.1.14    Fluid  color.    Brake  fluid  and  hydraulic  sys- 
tem mineral  oil  shall  be  of  the  color  indicated: 

DOT  3,  DOT  4,  and  DOT  5.1  non-SBBF-colorless 
to  amber. 
DOT  5  SBBF-purple. 
Hydraulic  system  mineral  oil— green. 

9.  In  §  571.116,  S5.2.2.1(b)  is  revised  to  read  as 
follows: 

(b)  The  grade  (DOT  3,  DOT  4,  DOT  5)  of  the  brake 
fluid.  If  DOT  5  grade  brake  fluid,  it  shall  be  further 
distinguished  as  "DOT  5  SILICONE  BASE"  or  "DOT 
5.1  NON-SILICONE  BASE." 


PART  571;  S116-PRE  46 


A        10.  In  §  571.116,  S5.2.2.2(e)  is  revised  to  read  as 

W     follows: 

(e)  Designation  of  the  contents  as  "DOT  MOTOR 
VEHICLE  BRAKE  FLUID"  (Fill  in  DOT  3,  DOT  4, 
DOT  5  SILICONE  BASE,  or  DOT  5.1  NON- 
SILICONE  BASE,  as  applicable). 

11.  In  §  571.116,  S5.2.2.2(g)3  is  revised  to  read  as 
follows: 


3.  STORE  BRAKE  FLUID  ONLY  IN  ITS  ORIGI- 
NAL CONTAINER.  KEEP  CONTAINER  CLEAN 
AND  TIGHTLY  CLOSED  TO  PREVENT  ABSORP- 
TION OF  MOISTURE. 

12.  In  §  571.116,  the  sentence  following  the  head- 
ing of  S6.  Test  Procedures,  is  deleted. 

13.  In  §  571.116,  S6.2.1  is  revised  to  read  as  follows: 
S6.2.1.     Summary  of  procedure.    A  350  ml.  sample 

of  the  brake  fluid  is  humidified  under  controlled  con- 
ditions; 350  ml.  of  SAE  triethylene  glycol  monomethyl 
ether,  brake  fluid  grade,  referee  material  (TEGME)  as 
described  in  Appendix  E  of  SAE  Standard  J1703  Nov. 
83,  "Motor  Vehicle  Brake  Fluid,"  November  1983,  is 
used  to  establish  the  end  point  for  humidification.  After 
humidification,  the  water  content  and  ERBP  of  the 
brake  fluid  are  determined. 

14.  In  §  571.116,  S6.2.2  is  revised  to  read  as  follows: 

56.2.2  Apparatus  for  humidification.  (See  Figure  3) 
Test  apparatus  shall  consist  of— 

(a)  Glass  jars.  Four  SAE  RM-49  corrosion  test  jars 
or  equivalent  screwtop,  straight-sided,  round  glass  jars 
each  having  a  capacity  of  about  475  ml.  and  approxi- 
mate inner  dimensions  of  100  mm.  in  height  by  75  mm. 
in  diameter,  with  matching  lids  having  new,  clean 
inserts  providing  water-vapor-proof  seals; 

(b)  Desiccator  and  cover.  Two  bowl-form  glass  desic- 
cators, 250-mm.  inside  diameter,  having  matching 
tubulated  covers  fitted  with  No.  8  rubber  stoppers;  and 

(c)  Desiccator  plate.  Two  230-mm.  diameter,  per- 
forated porcelain  desiccator  plates,  without  feet,  glazed 
on  one  side. 

15.  Paragraph  S6.2.3  is  revised  to  read  as  follows: 

56.2.3  Reagents  and  materials. 

(a)  Distilled  water,  see  S7.1. 

(b)  SAE  TEGME  referee  material. 

16.  In  §  571.116,  S6.2.4  is  revised  to  read  as  follows: 

56.2.4  Preparation  of  apparatus. 

Lubricate  the  ground-glass  joint  of  the  desiccator. 
Pour  450  +  10  ml  of  distilled  water  into  each  desic- 
cator and  insert  perforated  porcelain  desiccator  plates. 


Place  the  desiccators  in  an  oven  with  temperature  con- 
trolled at  50  ±  1°  C.  (122  ±  1.8°  F.)  throughout  the 
humidification  procedure. 

17.  In  §  571.116,  S6.2.5  is  revised  to  read  as  follows: 
S6.2.5     Procedure. 

Pour  350  ±  5  ml  of  brake  fluid  into  an  open  corro- 
sion test  jar.  Prepare  in  the  same  manner  a  duplicate 
test  fluid  sample  and  two  duplicate  specimens  of  the 
SAE  TEGME  referee  material  (350  ±  5  ml  of  TEGME 
in  each  jar).  The  water  content  of  the  SAE  TEGME 
fluid  is  adjusted  to  0.50  ±  0.05  percent  by  weight  at 
the  start  of  the  test  in  accordance  with  S7.2.  Place  one 
sample  each  of  the  test  brake  fluid  and  the  prepared 
TEGME  sample  into  the  same  desiccator.  Repeat  for 
the  second  sample  of  test  brake  fluid  and  TEGME  in 
a  second  desiccator.  Place  the  desiccators  in  the  50°  C. 
(122°  F.)  controlled  oven  and  replace  desiccator  covers. 
At  intervals,  during  oven  humidification,  remove  the 
rubber  stoppers  in  the  tops  of  desiccators.  Using  a  long 
needled  hypodermic  syringe,  take  a  sample  of  not  more 
than  2  ml  from  each  TEGME  sample  and  determine 
its  water  content.  Remove  no  more  than  10  ml  of  fluid 
from  each  SAE  TEGME  sample  during  the  humidifi- 
cation procedure.  When  the  water  content  of  the  SAE 
fluid  reaches  3.70  ±  0.05  percent  by  weight  (average 
of  the  duplicates),  remove  the  two  test  fluid  specimens 
from  their  desiccators  and  promptly  cap  each  jar 
tightly.  Allow  the  sealed  jars  to  cool  for  60  to  90 
minutes  at  23°  ±  5°  C.  (73.4°  ±  9°  F.).  Measure  the 
water  contents  of  the  test  fluid  specimens  in  accor- 
dance with  S7.2  and  determine  their  ERBP's  in  accor- 
dance with  S6.1.  If  the  two  ERBPs  agree  within  4°  C. 
(8°  F.),  average  them  to  determine  the  wet  ERBP; 
otherwise  repeat-and  average  the  four  individual 
ERBPs  as  the  wet  ERBP  of  the  brake  fluid. 

18.  In  §  571.116.  Figure  3,  "Humidification  Appara- 
tus" is  revised  by  substituting  the  term  "distilled 
water"  in  place  of  "salt  slurry."  In  addition,  it  is  re- 
vised by  deleting  "45  ±  7  mm." 

19.  In  §  571.116,  S6.5.4.1  is  revised  to  read  as 
follows: 

56.5.4.1  Materials. 

SAE  RM-66-03  Compatibility  Fluid  as  described  in 
Appendix  A  of  SAE  Standard  J1703  Nov83,  "Motor 
Vehicle  Brake  Fluid,"  November  1983. 

20.  In  §  571.116,  S6.5.4.2  is  revised  to  read  as 
follows: 

56.5.4.2  Procedure. 

(a)  Mix  30  ±  1  ml  of  the  brake  fluid  with  30  ±  1  ml 
of  SAE  RM-66-03  Compatibility  Fluid  in  a  boOing  point 
flask  (S6.1.2(a)).  Determine  the  initial  ERBP  of  the 


PART  571;  S116-PRE  47 


mixture  by  applying  heat  to  the  flask  so  that  the  fluid 
is  refluxing  in  10  ±  2  minutes  at  a  rate  in  excess  of 
1  drop  per  second,  but  not  more  than  5  drops  per  se- 
cond. Note  the  maximum  fluid  temperature  observed 
during  the  first  minute  after  the  fluid  begins  reflux- 
ing at  a  rate  in  excess  of  1  drop  per  second.  Over  the 
next  15  ±  1  minutes,  adjust  and  maintain  the  reflux 
rate  at  1  to  2  drops  per  second.  Maintain  this  rate  for 
an  additional  2  minutes,  recording  the  average  value 
of  four  temperature  readings  taken  at  30  second  inter- 
vals as  the  final  ERBP. 

(b)  Thermometer  and  barometric  corrections  are  not 
required. 

21.  In  §  571.116.  S6.6.4  is  revised  by  replacing  the 
reference  to  "DOT  5  fluids"  with  "DOT  5  SBBF 
fluids." 

22.  In  §  571.116,  S6.6.5  is  revised  by  replacing  the 
first  sentence  with  the  following  sentence: 

S6.6.5  Procedure.  Rinse  the  cups  in  ethanol 
(isopropanol  when  testing  DOT  5  SBBF  fluids)  for  not 
more  than  30  seconds  and  wipe  dry  with  a  clean  lint- 
free  cloth. 

23.  In  §  571.116.  S6.6.5  is  further  revised  by  replac- 
ing the  fifth  sentence,  which  begins  "When  testing 
DOT  3  and  DOT  4  brake  fluids.  .  ."  with  the  following 
sentence: 

When  testing  brake  fluids,  except  DOT  5  SBBF,  mix 
760  ml.  of  brake  fluid  with  40  ml.  of  distilled  water. 
When  testing  DOT  5  SBBFs,  humidify  800  ml.  of  brake 
fluid  in  accordance  with  S6.2,  eliminating  determina- 
tion of  the  ERBP.  Using  this  water-wet  mixture,  cover 
each  strip  assembly  to  a  minimum  depth  of  10  mm. 
above  the  tops  of  the  strips. 

24.  In  §  571.116,  S6.6.5  is  further  revised  to  have 
the  second  to  last  and  last  sentences  to  read  as  follows: 

Measure  the  pH  value  of  the  corrosion  test  fluid  ac- 
cording to  S6.4.6.  Measure  the  pH  value  of  the  test  mix- 
ture according  to  S6.4.6. 

25.  In  §  571.116,  S6.9.1  is  revised  to  read  as  follows: 
S6.9.1     Summary  of  the  procedure. 

Brake  fluid,  except  DOT  5  SBBF,  is  diluted  with  3.5 
percent  water  (DOT  5  SBBF  is  humidified),  then  stored 
at  minus  40°  C.  (minus  40°  F.)  for  120  hours.  The  cold, 
water-wet  fluid  is  first  examined  for  clarity,  stratifi- 
cation, and  sedimentation,  then  placed  in  an  oven  at 
60°  C.  (140°  F.)  for  24  hours.  On  removal,  it  is  again 
examined  for  stratification,  and  the  volume  percent  of 
sediment  determined  by  centrifuging. 


26.  In   §  571.116,   6.9.3(a)  is  revised  by  adding  / 
"SBBF"  after  "DOT  5"  in  the  first  sentence.  In  the  ' 
second  sentence,  the  words  "DOT  3  and  DOT  4"  before 
the  words  "brake  fluids"  are  deleted  and  "except  DOT 

5  SBBF"  is  added  after  the  words  "brake  fluids." 

27.  In  §  571.116,  S6.10.1  is  revised  to  read  as 
follows: 

S6.10.1     Summary  of  the  procedure. 

Brake  fluid  is  mixed  with  an  equal  volume  of  SAE 
RM-66-03  Compatibility  Fluid,  then  tested  in  the  same 
way  as  for  water  tolerance  (S6.9)  except  that  the  bub- 
ble flow  time  is  not  measured.  This  test  is  an  indica- 
tion of  the  compatibility  of  the  test  fluid  with  other 
motor  vehicle  brake  fluids  at  both  high  and  low  tem- 
peratures. 

28.  In  §  571.116,  S6.10.2(e)  is  revised  to  read  as  fol- 
lows: SAE  RM-66-03  Compatibility  Fluid.  As  described 
in  Appendix  A  of  SAE  Standard  J1703  Nov83,  "Mo- 
tor Vehicle  Brake  Fluid,"  November  1983. 

29.  In  §  571.116,  S6. 10.2(f)  is  deleted. 

30.  In  §  571.116,  86.10.3  is  revised  to  read  as 
follows: 

S6.10.3      Procedure. 

(a)  At  low  temperature.  Mix  50  ±  0.5  ml.  of  brake    / 
fluid  with  50  ±  0.5  ml.  of  SAE  RM-66-03  Compatibil-    ^ 
ity  Fluid.  Pour  this  mixture  into  a  centrifuge  tube  and 
stopper  with  a  clean  dry  cork.  Place  tube  in  the  cold 
chamber  maintained  at  minus  40°  ±  2°  C.  (minus  40° 

±  3.6°  F.)  After  24  ±  2  hours,  remove  tube,  quickly 
wipe  with  a  clean  lint-free  cloth  saturated  with  ethanol 
(isopropanol  when  testing  DOT  5  fluids)  or  acetone.  Ex- 
amine the  test  specimen  for  evidence  of  sludging, 
sedimentation,  or  crystallization.  Test  fluids,  except 
DOT  5  SBBF,  shall  be  examined  for  stratification. 

(b)  At  60.C.  (140°  F.) 

Place  tube  and  test  fluid  from  S6. 10.3(a)  for  24  ± 
2  hours  in  an  oven  maintained  at  60°  ±  2°  C.  (140°  ± 
3.6°  F.).  Remove  the  tube  and  immediately  examine 
the  contents  of  the  test  mixtures,  except  DOT  5 
SBBFs,  for  evidence  of  stratification.  Determine  per- 
cent sediment  by  centrifuging  as  described  in  S7.5. 

31.  In  §  571.116,  S6.11.1  is  revised  to  read  as 
follows: 

S6.11.1     Summary  of  procedure. 

Brake  fluids,  except  DOT  5  SBBF,  are  activated  with 
a  mixture  of  ately  0.2  percent  benzoyl  peroxide  and  5 
percent  water.  DOT  5  SBBF  is  humidified  in  accor- 
dance with  S6.2  eliminating  determination  of  the  / 
ERBP,  and  then  approximately  0.2  percent  benzoyl 
peroxide  is  added.  A  corrosion  test  strip  assembly  con- 
sisting of  cast  iron  and  an  aluminum  strip  separated 


PART  571;  S116-PRE  48 


by  tinfoil  squares  at  each  end  is  then  rested  on  a  piece  Issued  on  February  1,  1991. 

of  SBR  WC  cup  positioned  so  that  the  test  strip  is  half 

immersed  in  the  fluid  and  oven-aged  at  70°  C.  (158°  F.) 

for  168  hours.  At  the  end  of  this  period,  the  metal  strips  Jerry  Ralph  Curry 

are  examined  for  pitting,  etching,  and  of  Standard  No.  Administrator 

208  does  not  have  to  meet  the  elongation  requirements 

of  S4.2(c),  S4.4(aX2),  S4.4(bX4),  and  S4.4(bX5)  of  this  56  F.R.  11107 

standard.  March  15,  1991 


> 


PART  571;  S116-PRE  49-50 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  116 

Motor  Vehicle  Brake  Fluids— Passenger  Cars,  Multipurpose  Passenger  Vehicles,  Trucks, 

Buses,  and  Motorcycles,  and  Brake  Fluid  and  Brake  Fluid  Containers 

(Docket  No.  70-23;  Notice  3) 


51.  Scope.  This  standard  specifies  require- 
ments for  fluids  for  use  in  hydraulic  brake  systems 
of  motor  vehicles,  containers  for  these  fluids,  and 
labeling  of  the  containers. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
reduce  failures  in  the  hydraulic  braking  systems  of 
motor  vehicles  which  may  occur  because  of  the  man- 
ufacture or  use  of  improper  or  contaminated  fluid. 

53.  Application.  This  standard  applies  to  all 
fluid  for  use  in  hydraulic  brake  systems  of  motor 
vehicles.  In  addition,  S5.3  applies  to  passenger 
cars,  multipurpose  passenger  vehicles,  trucks, 
buses,  trailers,  and  motorcycles. 

54.  Definitions. 

Blister  means  a  cavity  or  sac  on  the  surface  of  a 
brake  cup. 

Brake  fluid  means  a  liquid  designed  for  use  in  a 

I  motor  vehicle  hydraulic  brake  system  in  which  it 

"  will    contact   elastomeric    components    made    of 

styrene  and  butadiene  rubber  (SBR),  ethylene  and 

propylene   rubber  (EPR),   polychloroprene  (CR) 

brake  hose  inner  tube  stock  or  natural  rubber  (NR). 

Chipping  means  a  condition  in  which  small  pieces 
are  missing  from  the  outer  surface  of  a  brake  cup. 

Duplicate  samples  means  two  samples  of  brake 
fluid  taken  from  a  single  packaged  lot  and  tested 
simultaneously. 

Hydraulic  system  mineral  oil  means  a  mineral-oil- 
based  fluid  designed  for  use  in  motor  vehicle 
hydraulic  brake  systems  in  which  the  fluid  is  not  in 
contact  with  components  made  of  SBR,  EPR  or  NR. 

Packager  means  any  person  who  fills  containers 
with  brake  fluid  that  are  subsequently  distributed 
for  retail  sale. 

Packaged  lot  is  that  quantity  of  brake  fluid  ship- 
ped by  the  manufacturer  to  the  packager  in  a 
single  container,  or  that  quantity  of  brake  fluid 
manufactured  by  a  single  plant  run  of  24  hours  or 
less,  through  the  same  processing  equipment  and 
with  no  change  in  ingredients. 

Scuffing  means  a  visible  erosion  of  a  portion  of 

the  outer  surface  of  a  brake  cup. 

^  {Silicone  base  brake  fluid  (SBBF)  is  a  brake  fluid 

''  which  consists  of  not  less  than  70  percent  by 

weight  of  a  diorgano  polysiloxane.  (56  F.R.  11107 

—March  15,  1991.  Effective:  September  11,  1991)1 


Sloughing  means  degradation  of  a  brake  cup  as 
evidenced  by  the  presence  of  carbon  black  loosely 
held  on  the  brake  cup  surface,  such  that  a  visible 
black  streak  is  produced  when  the  cup,  with  a 
500  ±10  gram  dead  weight  on  it,  is  drawn  base 
down  over  a  sheet  of  white  bond  paper  placed  on  a 
firm  flat  surface. 

Stickiness  means  a  condition  on  the  surface  of  a 
brake  cup  such  that  fibers  will  be  pulled  from  a  wad 
of  U.S. P.  absorbent  cotton  when  it  is  drawn  across 
the  surface. 

S5.  Requirements.  This  section  specifies  per- 
formance requirements  for  DOT  3,  DOT  4  and  DOT 
5  brake  fluids,  requirements  for  brake  fluid  cer- 
tification, and  requirements  for  container  sealing, 
labeling  and  color  coding  for  both  brake  fluids  and 
hydraulic  system  mineral  oils.  Where  a  range  of 
tolerances  is  specified,  the  brake  fluid  shall  meet  the 
requirements  at  all  points  within  the  range. 

S5.1  Bralce  fluid.  When  tested  in  accordance 
with  S6,  brake  fluids  shall  meet  the  followdng 
requirements. 

55.1.1  Equilibrium   reflux  boiling  point  (ERBP). 

When  brake  fluid  is  tested  according  to  S6.1,  the 
ERBP  shall  not  be  less  than  the  following  value  for 
the  grade  indicated: 

(a)  DOT  3:    205°C  (401°F) 

(b)  DOT  4:    230°C  (446°F) 

(c)  DOT  5:    260»C  (500°F) 

55.1.2  Wet  ERBP.  When  brake  fluid  is  tested 
according  to  S6.2,  the  wet  ERBP  shall  not  be  less 
than  the  following  value  for  the  grade  indicated: 


(a)  DOT  3 

(b)  DOT  4 

(c)  DOT  5: 


140°C  (284°F) 
155°C  (311°F) 
180°C  (356°F) 


55.1.3  Kinematic  viscosities.  When  brake  fluid 
is  tested  according  to  S6.3,  the  kinematic 
viscosities  in  centistokes  (cSt)  at  stated 
temperatures  shall  be  neither  less  than  1.5  cSt  at 
100°  C.  (212°  F.)  nor  more  than  the  following 
maximum  value  for  the  grade  indicated: 

(a)  DOT  3:    1500  cSt  at  minus  40°C  (minus  40°  F) 

(b)  DOT  4:    1800  cSt  at  minus  40°C  (minus  40°  F) 

(c)  DOT  5:      900  cSt  at  minus  40°C  (minus  40°  F) 

55.1 .4  pH  value.  [When  brake  fluid,  except  DOT 
5  SBBF,  is  tested  according  to  S6.5.4,  the  pH  value 


(Rev.  3/1S/91) 


PART  571;  S  116-1 


shall  not  be  less  than  7.0  nor  more  than  11.5.  (56 
F.R.  11107— March  15, 1991.  Effective:  September  11, 
1991)1 

55.1.5  Brake  fluid  stability. 

55.1.5.1  High-temperature  stability.  When 
brake  fluid  is  tested  according  to  S.6.5.3  the  ERBP 
shall  not  change  by  more  than  3.0°C  (5.4°F)  plus 
0.05  degree  for  each  degree  that  the  ERBP  of  the 
fluid  exceeds  225°C  (437°F). 

55.1.5.2  Cliemical  stability.  IWhen  brake  fluid, 
except  DOT  5  SBBF,  is  tested  according  to  S6.5.4, 
the  change  in  temperature  of  the  refluxing  fluid 
mixture  shall  not  exceed  3.0°C  (5.4°F)  plus  0.05° 
for  each  degree  that  the  ERBP  of  the  fluid  exceeds 
225°C  (437°F).  (56  F.R.  11107-March  15,  1991. 
Effective:  September  11,  1991)1 

55.1.6  Corrosion.  When  brake  fluid  is  tested 
according  to  S.6.6— 

(a)  The  metal  test  strips  shall  not  show  weight 
changes  exceeding  the  limits  stated  in  Table  I. 

(b)  Excluding  the  area  of  contact  (13  ±1  mm. 
(V2±1^2  inch)  measured  from  the  bolt  hole  end  of 
the  test  strip),  the  metal  test  strips  shall  not  show 
pitting  or  etching  to  an  extent  discernible  without 
magnification; 

(c)  The  water-wet  brake  fluid  at  the  end  of  the 
test  shall  show  no  jelling  at  23±5°C  (73.4  ±9°F); 

(d)  No  crystalline  deposit  shall  form  and  adhere 
to  either  the  glass  jar  walls  or  the  surface  of  the 
metal  strips; 

(e)  At  the  end  of  the  test,  sedimentation  of  the 
water-wet  brake  fluid  shall  not  exceed  0.10  percent 
by  volume; 

(f )  [The  pH  value  of  water-wet  brake  fluid,  ex- 
cept DOT  5  SBBF,  at  the  end  of  the  test  shall  not 
be  less  than  7.0  nor  more  than  11.5;  (56  F.R. 
11107— March  15, 1991.  Effective:  September  11, 1991)1 

(g)  The  cups  at  the  end  of  the  test  shall  show  no 
disintegration,  as  evidenced  by  blisters  or 
sloughing; 

(h)  The  hardness  of  the  cup  shall  not  decrease  by 
more  than  15  International  Rubber  Hardness 
Degrees  (IRHD);  and 


TABLE  1 

Test  strip  material 

Max.  permissible 

weight  change,  mg/ 

sq  cm  of  surface 

Steel,  Tinned  Iron,  Cast  Iron 

Aluminum 

Brass,  Copper 

0.2 
0.1 
0.4 

(i)  The  base  diameter  of  the  cups  shall  not  in- 
crease by  more  than  1.4  mm.  (0.055  inch). 

S5.1.7  Fluidity  and  appearance  at  low 
temperature.  When  brake  fluid  is  tested  according 
to  S6.7,  at  the  storage  temperature  and  for  the 
storage  times  given  in  Table  II— 

(a)  The  fluid  shall  show  no  sludging,  sedimenta- 
tion, crystallization,  or  stratification; 

(b)  Upon  inversion  of  the  sample  bottle,  the  time 
required  for  the  air  bubble  to  travel  to  the  top  of 
the  fluid  shall  not  exceed  the  bubble  flow  times 
shown  in  Table  II;  and 

(c)  On  warming  to  room  temperature,  the  fluid 
shall  resume  the  appearance  and  fluidity  that  it 
had  before  chilling. 

TABLE  II— Fludity  and  Appearance  at  Low  Temperatures 
Storage  temperature 


Storage      Max.  bubble 

time  flaw  tiine 

(hours)         (seconds) 


minus    40±2°C  (minus 

40±3.6°F)  144±4.0         10 

minus    50±2°C  (minus 

58±3.6°F)  6  ±0.2         35 

55.1.8  Evaporation.  When  brake  fluid  is  tested 
according  to  S6.8— 

(a)  The  loss  by  evaporation  shall  not  exceed  80 
percent  by  weight; 

(b)  The  residue  from  the  brake  fluid  after  evapora- 
tion shall  contain  no  precipitate  that  remains  gritty 
or  abrasive  when  rubbed  with  the  fingertip;  and 

(c)  The  residue  shall  have  a  pour  point  below 
minus  5°C(-h23°F). 

55.1.9  Water  tolerance. 

(a)  At  low  temperature.  When  brake  fluid  is 
tested  according  to  [S6.9.3(a)-1 

(1)  The  fluid  shall  show  no  sludging,  sedimen- 
tation, crystallization,  or  stratification; 

(2)  Upon  inversion  of  the  centrifuge  tube,  the 
air  bubble  shall  travel  to  the  top  of  the  fluid  in  not 
more  than  10  seconds; 

(3)  If  cloudiness  has  developed,  the  wet  fluid 
shall  regain  its  original  clarity  and  fluidity  when 
warmed  to  room  temperature;  and 

(b)  At  60°  C  (U0°  F).  When  brake  fluid  is 
tested  according  to  IS6.9.3(b)-l 

(1)  The  fluid  shall  show  no  stratification;  and 

(2)  Sedimentation  shall  not  exceed  0.15  per- 
cent by  volume  after  centrifuging. 


(Rev.  3/15/91) 


PART  571;  S  116-2 


^  S5.1.10    Compatibility. 

"  [(a)  At  low  temperature.    When  brake  fluid  is 

tested  according  to  S6. 10.3(a),  the  test  specimen 
shall  show  no  sludging,  sedimentation,  or 
crystallization.  In  addition,  fluids,  except  DOT  5 
SBBF,  shall  show  no  stratification. 

(b)  At  60°  C  (U0°  F).  When  brake  fluid  is 
tested  according  to  S6. 10.3(b)- 

(1)  Sedimentation  shall  not  exceed  0.05  per- 
cent by  volume  after  centrifuging;  and 

(2)  Fluids,  except  DOT  5  SBBF,  shall  show  no 
stratification.  (56  F.R.  11107-March  15,  1991. 
Effective:  September  11,  1991)] 

55.1.11  Resistance  to  oxidation.  When  brake 
fluid  is  tested  according  to  S6.ll— 

(a)  The  metal  test  strips  outside  the  areas  in  con- 
tact with  the  tinfoil  shall  not  show  pitting  or  etch- 
ing to  an  extent  discernible  without  magnification; 

(b)  No  more  than  a  trace  of  gum  shall  be 
deposited  on  the  test  strips  outside  the  areas  in 
contact  with  the  tinfoil; 

(c)  The  aluminum  strips  shall  not  change  in 
weight  by  more  than  0.05  mg/sq  cm;  and 

i  (d)  The  cast  iron  strips  shall  not  change  in 

weight  by  more  than  0.3  mg/sq  cm. 

55.1.12  Effects  on  cups.  When  brake  cups  are 
subjected  to  brake  fluid  in  accordance  with  S6.12— 

(a)  The  increase  in  the  diameter  of  the  base  of 
the  cups  shall  be  not  less  than  0.15  mm  (0.006  inch) 
or  more  than  1.40  mm  (0.055  inch); 

(b)  The  decrease  in  hardness  of  the  cups  shall  be 
not  more  than  10  IRHD  at  70°C  (158°F)  or  more 
than  15  IRHD  at  120°C  (248°F),  and  there  shall  be 
no  increase  in  hardness  of  the  cups;  and 

(c)  The  cups  shall  show  no  disintegration  as 
evidenced  by  stickiness,  blisters,  or  sloughing. 

55.1.13  Stroking  properties.  When  brake  fluid 
is  tested  according  to  S6.13— 

(a)  Metal  parts  of  the  test  system  shall  show  no 
pitting  or  etching  to  an  extent  discernible  without 
magnification; 

(b)  The  change  in  diameter  of  any  cylinder  or 
piston  shall  not  exceed  0.13  mm  (0.005  inch); 

(c)  The  average  decrease  in  hardness  of  seven  of 
^  the  eight  cups  tested  (six  wheel  cylinder  and  one 
W        master  cylinder  primary)   shall   not  exceed   15 

IRHD.  Not  more  than  one  of  the  seven  cups  shall 
have  a  decrease  in  hardness  greater  than  17  IRHD; 


(d)  None  of  the  eight  cups  shall  be  in  an 
unsatisfactory  operating  condition  as  evidenced  by 
stickiness,  scuffing,  blisters,  cracking,  chipping, 
or  other  change  in  shape  from  its  original 
appearance; 

(e)  None  of  the  eight  cups  shall  show  an  increase 
in  base  diameter  greater  than  0.90  mm  (0.035 
inch); 

(f )  The  average  lip  diameter  set  of  the  eight  cups 
shall  not  be  greater  than  65  percent; 

(g)  During  any  period  of  24,000  strokes,  the 
volume  loss  of  fluid  shall  not  exceed  36  milliliters; 

(h)  The  cylinder  pistons  shall  not  freeze  or  func- 
tion improperly  throughout  the  test; 

(i)  The  total  loss  of  fluid  during  the  100  strokes 
at  the  end  of  the  test  shall  not  exceed  36  milliliters; 

(j)  The  fluid  at  the  end  of  the  test  shall  show  no 
formation  of  gels; 

(k)  At  the  end  of  the  test  the  amount  of  sediment 
shall  not  exceed  1.5  percent  by  volume;  and 

(1)  Brake  cylinders  shall  be  free  of  deposits  that 
are  abrasive  or  that  cannot  be  removed  when 
rubbed  moderately  with  a  nonabrasive  cloth  wet- 
ted with  ethanol. 

S5.1.14  Fluid  color.  [Brake  fluid  and  hydraulic 
system  mineral  oil  shall  be  of  the  color  indicated: 

DOT  3,  DOT  4  and  DOT  5.1  non-SBBF-color- 
less  to  amber. 

DOT  5  SBBF-purple. 

Hydraulic  system  mineral  oil— green.  (56  F.R. 
11107— March  15,  1991.  Effective:  September  11, 
1991)1 

S5.2  Packaging  and  labeling  requirements  for 
motor  vehicle  brake  fluids. 

55.2.1  Container  sealing.  Each  brake  fluid  or 
hydraulic  system  mineral  oil  container  with  a 
capacity  of  6  fluid  ounces  or  more  shall  be  provided 
with  a  resealable  closure  that  has  an  inner  seal 
impervious  to  the  packaged  brake  fluid.  The  con- 
tainer closure  shall  include  a  tamper-proof  feature 
that  will  either  be  destroyed  or  substantially 
altered  when  the  container  closure  is  initially  opened. 

55.2.2  Certification,  marking,  and  labeling. 
S5.2.2.1     Each  manufacturer  of  a  DOT  grade 

brake  fluid  shall  furnish  to  each  packager, 
distributor,  or  dealer  to  whom  he  delivers  brake 
fluid,  the  following  information: 

(a)  A  serial  number  identifying  the  production 
lot  and  the  date  of  manufacture  of  the  brake  fluid. 


PART  571;  S  116-3 


(b)  The  grade  (DOT  3,  DOT  4,  or  DOT  5)  of  the 
brake  fluid.  Ilf  DOT  5  grade  brake  fluid,  it  shall  be 
further  distinguished  as  "DOT  5  SILICONE 
BASE"  or  "DOT  5.1  NON-SILICONE  BASE."  (56 
F.R.  11107— March  15, 1991.  Effective:  September  11, 
1991)1 

(c)  The  minimum  wet  boiling  point  in  Fahrenheit 
of  the  brake  fluid. 

(d)  Certification  that  the  brake  fluid  conforms  to 
Federal  Motor  Vehicle  Safety  Standard  No.  116. 

S5.2.2.2  Each  packager  of  a  brake  fluid  shall 
furnish  the  information  specified  in  paragraphs  (a) 
through  (g)  of  S5.2.2.2  by  clearly  marking  it  on 
each  brake  fluid  container  or  on  a  label  (labels)  per- 
manently affixed  to  the  container,  in  any  location 
except  a  removable  part  such  as  a  lid.  After  being 
subjected  to  the  operations  and  conditions  specified 
in  S6.14,  the  information  required  by  this  section 
shall  be  legible  to  an  observer  having  corrected 
visual  acuity  of  20/40  (Snellen  ratio)  at  a  distance  of 
one  foot,  and  any  label  affixed  to  the  container  in 
compliance  with  this  section  shall  not  be  removable 
without  its  being  destroyed  or  defaced. 

(a)  Certification  that  the  brake  fluid  conforms  to 
§  571.116. 

(b)  The  name  of  the  packager  of  the  brake  fluid, 
which  may  be  in  code  form. 

(c)  The  name  and  complete  mailing  address  of 
the  distributor. 

(d)  A  serial  number  identifying  the  packaged  lot 
and  date  of  packaging. 

(e)  Designation     of     the     contents     as 

"DOT MOTOR  VEHICLE  BRAKE  FLUID" 

(Fill  "3,"  "4,"  or  "5"  as  applicable). 

(f)  The  minimum  wet  boiling  point  in  Fahrenheit 
of  the  DOT  brake  fluid  in  the  container. 

(g)  The  following  safety  warnings  in  capital  and 
lower  case  letters  as  indicated: 

(1)  FOLLOW  VEHICLE  MANUFAC- 
TURERS RECOMMENDATIONS  WHEN  AD- 
DING BRAKE  FLUID. 

(2)  KEEP  BRAKE  FLUID  CLEAN  AND 
DRY.  Contamination  with  dirt,  water,  petroleum 
products  or  other  materials  may  result  in  brake 
failure  or  costly  repairs. 

(3)  STORE  BRAKE  FLUID  ONLY  IN  ITS 
ORGINAL  CONTAINER.  KEEP  CONTAINER 
CLEAN  AND  TIGHTLY  CLOSED  TO  PRE- 
VENT ABSORPTION  OF  MOISTURE.  (The 
last  five  words  of  the  second  sentence  may  be 
omitted  from  the  labeling  on  DOT  5  containers.) 


(4)  CAUTION:  DO    NOT    REFILL    CON-        / 
TAINER,  AND  DO  NOT  USE  FOR  OTHER        f 
LIQUIDS.  (Not  required  for  containers  with  a 
capacity  in  excess  of  5  gallons.) 

55.2.2.3  Each  packager  of  hydraulic  system 
mineral  oil  shall  furnish  the  information  specified 
in  paragraphs  (a)  through  (e)  of  S5.2.2.3  by  clearly 
marking  it  on  each  brake  fluid  container  or  on  a 
label  (labels)  permanently  affixed  to  the  container, 
in  any  location  except  a  removable  part  such  as  a 
lid.  After  being  subjected  to  the  operations  and 
conditions  specified  in  S6.14,  the  information  re- 
quired by  this  section  shall  be  legible  to  an  observer 
having  corrected  visual  acuity  of  20/40  (Snellen 
ratio)  at  a  distance  of  one  foot,  and  any  label 
affixed  to  the  container  in  compliance  with  this 
section  shall  not  be  removable  without  its  being 
destroyed  or  defaced. 

(a)  The  name  of  the  packager  of  the  hydraulic 
system  mineral  oil,  which  may  be  in  code  form. 

(b)  The  name  of  complete  mailing  address  of  the 
distributor. 

(c)  A  serial  number  identifying  the  packaged  lot 
and  date  of  packaging. 

(d)  Designation  of  the  contents  as  "HYDRAU- 
LIC SYSTEM  MINERAL  OIL"  in  capital  letters         a 
at  least  Yz  of  an  inch  high.  \ 

(e)  The  following  safety  warnings  in  capital  and 
lower  case  letters  as  indicated: 

(1)  FOLLOW  VEHICLE  MANUFAC- 
TURER'S RECOMMENDATIONS  WHEN  AD- 
DING HYDRAULIC  SYSTEM  MINERAL  OIL. 

(2)  Hydraulic  System  Mineral  Oil  is  NOT 
COMPATIBLE  with  the  rubber  components  of 
brake  systems  designed  for  use  with  DOT  brake 
fluids. 

(3)  KEEP  HYDRAULIC  SYSTEM  MIN- 
ERAL OIL  CLEAN.  Contamination  with  dust  or 
other  materials  may  result  in  brake  failure  or 
costly  repair. 

(4)  CAUTION:  STORE  HYDRAULIC  SYS- 
TEM MINERAL  OIL  ONLY  IN  ITS  ORIGINAL 
CONTAINER.  KEEP  CONTAINER  CLEAN 
AND  TIGHTLY  CLOSED.  DO  NOT  REFILL 
CONTAINER  OR  USE  OTHER  LIQUIDS.  (The 
last  sentence  is  not  required  for  containers  with 
a  capacity  in  excess  of  5  gallons.) 

55.2.2.4  If  a  container  for  brake  fluid  or 
hydraulic  system  mineral  oil  is  not  normally  visible 
but  designed  to  be  protected  by  an  outer  container 

or  carton  during  use,  the  outer  container  or  carton       A 
rather  than  the  inner  container  shall  meet  the       \ 
labeling  requirements  of  S5.2.2.2  or  S5.2.2.3,  as 
appropriate. 


(Rev.  3/15/91) 


PART  571;  S  116-4 


S5.3  Motor  vehicle  requirement.  Each  pas- 
senger car,  multipurpose  passenger  vehicle,  truck, 
bus,  trailer,  and  motorcycle  that  has  a  hydraulic 
brake  system  shall  be  equipped  with  fluid  that  has 
been  manufactured  and  packaged  in  conformity 
with  the  requirements  of  this  standard. 

S6.    Test  procedures. 

[Text  deleted.  (56  F.R.  11107-March  15. 1991)] 


S6.1  Equilibrium  reflux  boiling  point.  Deter- 
mine the  ERBP  of  a  brake  fluid  by  running 
duplicate  samples  according  to  the  following 
procedure  and  averaging  the  results. 

S6.1.1  Summary  of  procedure.  Sixty  milliliters 
(ml)  of  brake  fluid  are  boiled  under  specified 
equilibrium  conditions  (reflux)  at  atmospheric 
pressure  in  a  100-ml  flask.  The  average 
temperature  of  the  boiling  fluid  at  the  end  of  the 
reflux  period,  corrected  for  variations  in  baro- 
metric pressure  if  necessary,  is  the  ERBP. 


S6.1.2  Apparatus.  (See  Figure  1)  The  test  ap- 
paratus shall  consist  of— 

(a)  Flask.  (See  Figure  2)  A  100-ml  roundbot- 
tom,  short-neck  heat-resistant  glass  flask  having  a 
neck  with  a  19/38  standard  taper,  female  ground- 
glass  joint  and  a  side-entering  tube,  with  an  out- 
side diameter  of  10  millimeters  (mm),  which 
centers  the  thermometer  bulb  in  the  flask  6.5  mm 
from  the  bottom; 


FIRE  POLISHED 


i^60±2mm  O.D.  SPHERE --J 


FIG.  I 
BOILING    POINT  TEST  APPARATUS 


FIG. 2 
DETAIL  OF  lOOml    SHORT-NECK    FLASK 


(Rev.  3/15f91) 


PART  571;  S  116-5 


(b)  Condenser.  A  water-cooled,  reflux,  glass- 
tube-type  condenser  having  a  jacket  200  mm  in 
length,  the  bottom  end  of  which  has  a  19/38 
standard-taper,  drip-tip,  male  ground-glass  joint; 

(c)  Boiling  stones.  Three  clean,  unused  silicon 
carbide  grains  (approximately  2  mm  (0.08  inch)  in 
diameter,  grit  No.  8); 

(d)  Thermometer.  Standardized  calibrated  par- 
tial immersion  (76  mm),  solid  stem,  thermometers 
conforming  to  the  requirements  for  an  ASTM  2C 
or  2F,  and  an  ASTM  3C  or  3F  thermometer;  and 

(e)  Heat  source.  Variable  autotransformer- 
con trolled  heating  mantle  designed  to  fit  the  flask, 
or  an  electric  heater  with  rheostat  heat  control. 


S6.1.3     Preparation  of  apparatus. 

(a)  Thoroughly  clean  and  dry  all  glassware. 

(b)  Insert  thermometer  through  the  side  tube 
until  the  tip  of  the  bulb  is  6.5  mm  (V4  inch)  from  the 
bottom  center  of  the  flask.  Seal  with  a  short  piece 
of  natural  rubber,  EPDM,  SBR  or  butyl  tubing. 

(c)  Place  60  ±  1  ml  of  brake  fluid  and  the  silicon 
carbide  grains  into  the  flask. 

(d)  Attach  the  flask  to  the  condenser.  When 
using  a  heating  mantle,  place  the  mantle  under  the 
flask  and  support  it  with  a  ring-clamp  and 
laboratory-type  stand,  holding  the  entire  assembly 
in  place  by  a  clamp.  When  using  a  rheostat- 
controlled  heater,  center  a  standard  porcelain  or 
hard  asbestos  refractory,  having  a  diameter  open- 
ing 32  to  38  mm,  over  the  heating  element  and 
mount  the  flask  so  that  direct  heat  is  applied  only 
through  the  opening  in  the  refractory.  Place  the 
assembly  in  an  area  free  from  drafts  or  other  types 
of  sudden  temperature  changes.  Connect  the  cool- 
ing water  inlet  and  outlet  tubes  to  the  condenser. 
Tiu*n  on  the  cooling  water.  The  water  supply 
temperature  shall  not  exceed  28°C  (82.4°F)  and 
the  temperature  rise  through  the  condenser  shall 
not  exceed  2°C  (3.6°F). 


S6.1.4     Procedure  for  preparation  of  apparatus. 

Apply  heat  to  the  flask  so  that  within  10  ±2 
minutes  the  fluid  is  refluxing  in  excess  of  1  drop 
per  second.  The  reflux  rate  shall  not  exceed  5 
drops  per  second  at  any  time.  Immediately  adjust 
the  heating  rate  to  obtain  an  equilibrium  reflux 
rate  of  1  to  2  drops  per  second  over  the  next  5  ±  2 


minutes.  Maintain  this  rate  for  an  additional  2 
minutes,  taking  four  temperature  readings  at 
30-second  intervals.  Record  the  average  of  these  as 
the  observed  ERBP.  If  no  reflux  is  evident  when 
the  fluid  temperature  reaches  260°C  (500°F), 
discontinue  heating  and  report  ERBP  as  in  excess 
of  260°C  (500°F). 

S6.1.5    Calculation. 

(a)  Thermometer  inaccuracy.  Correct  the 
observed  ERBP  by  applying  any  correction  factor 
obtained  in  standardizing  the  thermometer. 

(b)  Variation  from  standard  barometric 
pressure.  Apply  the  factor  shown  in  Table  III  to 
calculate  the  barometric  pressure  correction  to  the 
ERBP. 

(c)  If  the  two  corrected  observed  ERBP's  agree 
within  2.0°C  (4.0°C  for  brake  fluids  having  an 
ERBP  over  230°C/446°F)  average  the  duplicate 
runs  as  the  ERBP;  otherwise,  repeat  the  entire 
test,  averaging  the  four  corrected  observed  values 
to  determine  the  original  ERBP. 

Table  hi.— Correction  for  Barometric  Pressure 


Observed  ERBP  corrected 
for  thermometer  inaccuracy 


Correction  per  2  mm 

difference  in  -pressure^ 

"C.  CF.) 


100°C  (212°F)  to 
190°C  (374°F) 
Over  190°C  (374°F) 


0.039 


(0.07) 


(0.08) 


="  To  be  added  in  case  barometric  pressure  is  below  760  mm;  to 
be  subtracted  in  case  barometric  pressure  is  above  760  mm. 


S6.2    Wet  ERBP.     Determine  the  wet  ERBP  of 

a    brake    fluid    by    running    duplicate    samples 
according  to  the  following  procedure. 

S6.2.1  Summary  of  procedure.  [A  350  ml  sam- 
ple of  the  brake  fluid  is  humidified  under  controlled 
conditions;  350  ml  of  SAE  triethylene  glycol 
monomethyl  ether,  brake  fluid  grade,  referee 
material  (TEGME)  as  described  in  Appendix  E  of 
SAE  Standard  J1703  November  1983,  Motor  Vehi- 
cle Brake  Fluid,  November  1983,  is  used  to 
establish  the  end  point  for  humidification.  After  / 
humidification,  the  water  content  and  ERBP  of  the  y 
brake  fluid  are  determined.  (56  F.R.  11107— March 
15,  1991.  Effective:  September  11,  1991)1 


(Rev.  3/15/91) 


PART  571;  S  116- 


S6.2.2  Apparatus  for  humidification.  (See  Figure 
3.) 
Test  apparatus  shall  consist  of— 

(a)  Glass  jars.  Four  SAE  RM-49  corrosion  test 
jars  or  equivalent  screw-top,  straight-sided,  round 
glass  jars  each  having  a  capacity  of  about  475  ml 
and  approximate  inner  dimensions  of  100  mm  in 
height  by  75  mm  in  diameter,  with  matching  lids 
having  new,  clean  inserts  providing  water-vapor- 
proof  seals; 

(b)  Desiccator  and  cover.  Two  bowl-form  glass 
desiccators,  250  mm  inside  diameter,  having  mat- 
ching tubulated  covers  fitted  with  No.  8  rubber 
stoppers;  and 


(c)  Desiccator  plate.  Four  230-mm  diameter,  per- 
forated porcelain  desiccator  plates,  without  feet, 
glazed  on  one  side. 

56.2.3  Reagents  and  Materials. 

(a)  Distilled  water,  see  S7.1. 

(b)  SAE  TEGME  referee  material. 

56.2.4  Preparation  of  Apparatus. 

[Lubricate  the  ground-glass  joint  of  the  desic- 
cator. Pour  450  ±  10  ml  of  distilled  water  into  each 
desiccator  and  insert  perforated  porcelain  desic- 
cator plates.  Place  the  desiccators  in  an  oven  with 
temperature  controlled  at  50  ±  1°  C  (122±  1.8°  F) 
throughout  the  humidification  procedvtre.  (56  F.R. 
11107— March  15, 1991.  Effective:  September  11, 1991)1 


250:^,^0' 


No.8  RUBBER  STOPPER 


GLASS  DESICCATOR  WITH 
TUBULATED  COVER 


^—LUBRICATED 
GROUND  JOINT 


GLASS  JAR 


PORCELAIN 

DESICCATOR 

PLATE 


2IO±iommi.O. 


FIG. 3 
HUMIDIFICATION    APPARATUS 


PART  571;  S  116-7 


S6.2.5     Procedure. 

[Pour  3.50  ±  0.05ml  of  brake  fluid  into  an  open 
corrosion  test  jar.  Prepare  in  the  same  manner  a 
duplicate  test  fluid  sample  and  two  duplicate 
specimens  of  the  SAE  TEGME  referee  material 
(350  ±  5  ml  of  TEGME  in  each  jar).  The  water  con- 
tent of  the  SAE  TEGME  fluid  is  adjusted  to  0.50  ± 
0.05  percent  by  weight  at  the  start  of  the  test  in  ac- 
cordance with  S7.2.  Place  one  sample  each  of  the 
test  brake  fluid  and  the  prepared  TEGME  sample 
into  the  same  desiccator.  Repeat  for  the  second 
sample  of  test  brake  fluid  and  TEGME  in  a  second 
desiccator.  Place  the  desiccators  in  the  50°C  (122 
°F)  controlled  oven  and  replace  desiccator  covers. 
At  intervals,  during  oven  humidification,  remove 
the  rubber  stoppers  in  the  tops  of  desiccators. 
Using  a  long  needled  hypodermic  syringe,  take  a 
sample  of  not  more  than  2  ml  from  each  TEGME 
sample  and  determine  its  water  content.  Remove 
no  more  than  10  ml  of  fluid  from  each  SAE 
TEGME  sample  during  the  humidification  pro- 
cedure. When  the  water  content  of  the  SAE  fluid 
reaches  3.70  ±  0.05  percent  by  weight  (average  of 
the  duplicates),  remove  the  two  test  fluid 
specimens  from  their  desiccators  and  promptly  cap 
each  jar  tightly.  Allow  the  sealed  jars  to  cool  for  60 
to  90  minutes  at  23°  ±  5°  C  (73.4°  ±  9°  F). 
Measure  the  water  contents  of  the  test  fluid 
specimens  in  accordance  with  S7.2  and  determine 
their  ERBP's  in  accordance  with  S6.1.  If  the  two 
ERBPs  agree  within  4°  C  (8°  F),  average  them  to 
determine  the  wet  ERBP;  otherwise  repeat  and 
average  the  four  individual  ERBPs  as  the  wet 
ERBP  of  the  brake  fluid.  (56  F.R.  11107-March 
15,  1991.  Effective:  September  11,  1991)1 


S6.3  Kinematic  viscosity.  Determine  the 
kinematic  viscosity  of  a  brake  fluid  in  centistokes 
(cSt)  by  the  following  procedure.  Run  duplicate 
samples  at  each  of  the  specified  temperatures, 
making  two  timed  runs  on  each  sample. 

S6.3.1  Summary  of  the  procedure.  The  time  is 
measured  for  a  fixed  volume  of  the  brake  fluid  to 
flow  through  a  calibrated  glass  capillary 
viscometer  under  an  accurately  reproducible  head 
and  at  a  closely  controlled  temperature.  The 
kinematic  viscosity  is  then  calculated  from  the 
measured  flow  time  and  the  calibration  constant  of 
the  viscometer. 


56.3.2  Apparatus.  ^ 

(a)  Viscometers.  Calibrated  glass  capillary- 
type  viscometers,  ASTM  D2515-66,  Standard 
Specification  for  Kinematic  Glass  Viscometers, 
measuring  viscosity  within  the  precision  limits  of 
S6.4.7.  Use  suspended  level  viscometers  for 
viscosity  measurements  at  low  temperatures.  Use 
Cannon-Fenske  Routine  or  other  modified  Ostwald 
viscometers  at  ambient  temperatures  and  above. 

(b)  Viscometer  holders  and  frames.  Mount  a 
viscometer  in  the  constant-temperature  bath  so 
that  the  mounting  tube  is  held  within  1  degree  of 
the  vertical. 

(c)  Viscometer  bath.  A  transparent  liquid  bath  of 
sufficient  depth  such  that  at  no  time  during  the 
measurement  will  any  portion  of  the  sample  in  the 
viscometer  be  less  than  2  cm  below  the  surface  or 
less  than  2  cm  above  the  bottom.  The  bath  shall  be 
cylindrical  in  shape,  with  turbulent  agitation  suffi- 
cient to  meet  the  temperature  control  re- 
quirements. For  measurements  within  15  to  100° 
C  (60  to  212°F)  the  temperature  of  the  bath 
medium  shall  not  vary  by  more  than  0.01  °C  / 
(0.02°F)  over  the  length  of  the  viscometers,  or  be-  | 
tween  the  positions  of  the  viscometers,  or  at  the 
locations  of  the  thermometers.  Outside  this  range, 

the  variation  shall  not  exceed  0.03°C  (0.05°F). 

(d)  Thermometers.  Liquid-in-glass  Kinematic 
Viscosity  Test  Thermometers,  covering  the  range 
of  test  temperatures  indicated  in  Table  IV  and 
conforming  to  ASTM  El-68,  Specifications  for 
ASTM  Thermometers,  and  in  the  IP  requirements 
for  IP  Standard  Thermometers.  Standardize 
before  use  (see  S6.3.3(b)).  Use  two  standardized 
thermometers  in  the  bath. 

(e)  Timing  device.  Stop  watch  or  other  timing 
device  graduated  in  divisions  representing  not 
more  than  0.2  second,  with  an  accuracy  of  at  least 
±0.05  percent  when  tested  over  intervals  of  15 
minutes.  Electrical  timing  devices  may  be  used 
when  the  current  frequency  is  controlled  to  an 
accuracy  of  0.01  percent  or  better. 

56.3.3  Standardization. 

(a)  Viscometers.    Use  viscometers  calibrated  in 
accordance  with  Appendix  1  of  ASTM  D445-65,        | 
Viscosity   of  Transparent   and   Opaque  Liquids       ' 
(Kinematic  and  Dynamic  Viscosities.)  The  calibra- 
tion constant,  C,  is  dependent  upon  the  gravita- 


(Rev.  3/15/91) 


PART  571;  S  116-8 


TABLE  IV 
Kinematic  Viscosity  Thermometers 


Temperature  range 

For  tests  at 

Subdivisions 

Thermometer  number 

degC. 

degF. 

degC. 

degF. 

degC. 

degF. 

ASTM 

IP 

minus  55.3  to 
minus  52.5 

minus  67.5  to 
minus  62.5 

minus    55 

minus    67 

0.05 

0.1 

74  F. 

69  F.  or  C. 

minus  41.4  to 
minus  38.6 

minus  42.5  to 
minus  37.5 

minus    40 

minus    40 

0.05 

0.1 

73  F. 

68  F.  or  C. 

98.6  to 
101.4 

207.5  to 
212.5 

100 

212 

0.05 

0.1 

30  F. 

32  F.  or  C. 

tional  acceleration  at  the  place  of  calibration.  This 
must,  therefore,  be  supplied  by  the  standardization 
laboratory  together  with  the  instrument 
constant.  Where  the  acceleration  of  gravity,  g,  in 
the  two  locations  differs  by  more  than  0.1  percent, 
correct  the  calibration  constant  as  follows: 


Cz'- 


:Ci 


where  the  subscripts  1  and  2  indicate  respectively 
the  standardization  laboratory  and  the  testing 
laboratory. 

(b)  Thermometers.  Check  liquid-in-glass  ther- 
mometers to  the  nearest  0.01  °C  (0.02°F)  by  direct 
comparison  with  a  standardized  thermometer. 
Kinematic  Viscosity  Test  Thermometers  shall  be 
standardized  at  "total  immersion."  The  ice  point  of 
standardized  thermometers  shall  be  determined 
before  use  and  the  official  corrections  shall  be  ad- 
justed to  conform  to  the  changes  in  ice 
points.  (See  ASTM  E  77-66,  Verification  and 
Calibration  of  Liquid-in-Glass  Thermometers.) 

(c)  Timers.  Time  signals  are  broadcast  by  the 
National  Bureau  of  Standards,  Station  WWV, 
Washington,  D.C.,  at  2.5,  5,  10,  15,  20,  25,  30  and 
35  Mc/sec  (MH  ^ ).  Time  signals  are  also  broadcast 
by  Station  CHU  from  Ottawa,  Canada,  at  3.330, 
7.335  and  14.670  Mc/sec,  and  Station  MSF  at 
Rugby,  United  Kingdom,  at  2.5,  5  and  10  Mc/sec. 

S6.3.4    Procedure. 

(a)  Set  and  maintain  the  bath  at  the  appropriate 
test  temperature  (see  S5.1.3)  within  the  limits 
specified  in  S6.3.2(c).  (Apply  the  necessary  cor- 
rections, if  any,  to  all  thermometer  readings. 

(b)  Select  a  clean,  dry,  calibrated  viscometer  giv- 
ing a  flow  time  not  less  than  its  specified  minimum, 
or  200  seconds,  whichever  is  the  greater. 


(c)  Charge  the  viscometer  in  the  manner  used 
when  the  instrument  was  calibrated.  Do  not  filter 
or  dry  the  brake  fluid,  but  protect  it  from  con- 
tamination by  dirt  and  moisture  during  filling  and 
measurements. 

(1)  Charge  the  suspended  level  viscometers 
by  tilting  about  30  degrees  from  the  vertical  and 
pouring  sufficient  brake  fluid  through  the  fill 
tube  into  the  lower  reservoir  so  that  when  the 
viscometer  is  returned  to  vertical  position  the 
meniscus  is  between  the  fill  marks.  For 
measurements  below  0°C  (32°F),  before  placing 
the  filled  viscometer  into  the  constant 
temperature  bath,  draw  the  sample  into  the 
working  capillary  and  timing  bulb  and  insert 
small  rubber  stoppers  to  suspend  the  fluid  in  this 
position,  to  prevent  accumulation  of  water  con- 
densate on  the  walls  of  the  critical  portions  of  the 
viscometer.  Alternatively,  fit  loosely  packed 
drying  tubes  onto  the  open  ends  of  the 
viscometer  to  prevent  water  condensation,  but 
do  not  restrict  the  flow  of  the  sample  under  test 
by  the  pressures  created  in  the  instrument. 

(2)  If  a  Cannon-Fenske  Routine  viscometer  is 
used,  charge  by  inverting  and  immersing  the 
smaller  arm  into  the  brake  fluid  and  applying 
vacuum  to  the  larger  arm.  Fill  the  tube  to  the 
upper  timing  mark,  and  return  the  viscometer  to 
an  upright  position. 

(d)  Mount  the  viscometer  in  the  bath  in  a  true 
vertical  position  (See  S6.3.2(b)). 

(e)  The  viscometer  shall  remain  in  the  bath  until 
it  reaches  the  test  temperature. 

(f)  At  temperature  below  0°C  (32°F)  conduct  an 
untimed  preliminary  run  by  allowing  the  brake 
fluid  to  drain  through  the  capillary  into  the  lower 
reservoir  after  the  test  temperature  has  been 
established. 


PART  571;  S  116-9 


(g)  Adjust  the  head  level  of  the  brake  fluid  to  a 
position  in  the  capillary  arm  about  5  mm  above  the 
first  timing  mark. 

(h)  With  brake  fluid  flowing  freely  measure  to 
within  0.2  second  the  time  required  for  the 
meniscus  to  pass  from  the  first  timing  mark  to  the 
second.  If  this  flow  time  is  less  than  the  minimum 
specified  for  the  viscometer,  or  200  seconds, 
whichever  is  greater,  repeat  using  a  viscometer 
with  a  capillary  of  smaller  diameter. 

(i)  Repeat  S6.3.4(g)  and  (h).  If  the  two  timed 
runs  do  not  agree  within  0.2  percent,  reject  and 
repeat  using  a  fresh  sample  of  brake  fluid. 

56.3.5  Cleaning  of  viscometers. 

(a)  Periodically  clean  the  instrument  with 
chromic  acid  to  remove  organic  deposits.  Rinse 
thoroughly  with  distilled  water  and  acetone,  and 
dry  with  clean  dry  air. 

(b)  Between  successive  samples  rinse  the 
viscometer  with  ethanol  (isopropanol  when  testing 
DOT  5  fluids)  followed  by  an  acetone  or  ether 
rinse.  Pass  a  slow  stream  of  filtered  dry  air 
through  the  viscometer  until  the  last  trace  of 
solvent  is  removed. 

56.3.6  Calcuiation. 

(a)  The  following  viscometers  have  a  fixed 
volume  charged  at  ambient  temperature,  and  as  a 
consequence  C  varies  with  test  temperature: 
Cannon-Fenske  Routine,  Pinkevitch,  Cannon 
Manning  Semi-Micro,  and  Cannon  Fenske  Opaque. 
To  calculate  C  at  test  temperatures  other  than  the 
calibration  temperature  for  these  viscometers,  see 
ASTM  D2515-66,  Kinematic  Glass  Viscometers,  or 
follow  instructions  given  on  the  manufacturer's 
certificate  of  calibration. 

(b)  Average  the  four  timed  runs  on  the  duplicate 
samples  to  determine  the  kinematic  viscosities. 

56.3.7  Precision  (at  95  percent  confidence  ievei). 

(a)  Repeatability.  If  results  on  duplicate 
samples  by  the  same  operator  differ  by  more  than 
1.0  percent  of  their  mean,  repeat  the  tests. 

S6.4  pH  vaiue.  Determine  the  pH  value  of  a 
brake  fluid  by  running  one  sample  according  to  the 
following  procedure. 

S6.4.1  Summary  of  the  procedure.  Brake  fluid 
is  diluted  with  an  equal  volume  of  an  ethanolwater 
solution.    The  pH  of  the  resultant  mixture  is 


measured  with  a  prescribed  pH  meter  assembly  at 
23°C  (73.4°F). 

56.4.2  Apparatus.  The  pH  assembly  consists  of 
the  pH  meter,  glass  electrode,  and  calomel  elec- 
trode, as  specified  in  Appendices  Al.l,  A1.2  and 
A1.3  of  ASTM  D1121-67,  Standard  Method  of  Test 
for  Reserve  Alkalinity  of  Engine  Antifreezes  and 
Antirusts.  The  glass  electrode  is  a  full  range  type 
(pH  0-14),  with  low  sodium  error. 

56.4.3  Reagents.  Reagent  grade  chemicals 
conforming  to  the  specifications  of  the  Committee 
on  Analytical  Reagents  of  the  American  Chemical 
Society. 

(a)  Distilled  water.  Distilled  water  (S7.1)  shall 
be  boiled  for  about  15  minutes  to  remove  carbon 
dioxide,  and  protected  with  a  soda-lime  tube  or  its 
equivalent  while  cooling  and  in  storage.  (Take 
precautions  to  prevent  contamination  by  the 
materials  used  for  protection  against  carbon 
dioxide.)  The  pH  of  the  boiled  distilled  water  shall 
be  between  6.2  and  7.2  at  25°C  (77°F). 

(b)  Standard  buffer  soution^.    Prepare  buffer         ^ 
solutions  for  calibrating  the  pH  meter  and  elec-         * 
trode  pair  from  salts  sold  specifically  for  use, 
either  singly  or  in  combination,  as  pH  standards. 

Dry  salts  for  1  hour  at  110°C  (230°F)  before  use 
except  for  borax  which  shall  be  used  as  the 
decahydrate.  Store  solutions  with  pH  less  than  9.5 
in  bottles  of  chemically  resistant  glass  or 
polyethylene.  Store  the  alkaline  phosphate  solution 
in  a  glass  bottle  coated  inside  with  paraffin.  Do  not 
use  a  standard  with  an  age  exceeding  three 
months. 

(1)  Potassium  hydrogen  phthalate  buffer  solu- 
tion (0.05  M,  pH  =  4.01  at  25°C  (77°F)).  Dissolve 
10.21g    of    potassium    hydrogen    phthalate 
(KHC8H4O4)  in  distilled  water.  Dilute  to  1  liter. 

(2)  Neutral  phosphate  buffer  solution  (0.025  M 
with  respect  to  each  phosphate  salt,  pH  =  6.86  at 
25°C  (77°F)).  Dissolve  3.40g  of  potassium 
dihydrogen  phosphate  (KH2PO4)  and  3.55g  of 
anhydrous  disodium  hydrogen  phosphate 
(NA2  HPO4 )  in  distilled  water. 

(3)  Borax  buffer  solution  (0.01  M,  pH  =  9.18  at 
25°C  (77°F)).  Dissolve  3.81g  of  disodium 
tetraborate  decahydrate  (Na2B4  07  10  H2O)  in 
distilled  water,  and  dilute  to  1  liter.  Stopper  the 
bottle  except  when  actually  in  use.  V 

(4)  Alkaline  phosphate  buffer  solution  (0.01  M 
trisodium  phosphate,   pH  =  11.72   at  25°C 


PART  571;  S  116-10 


(77°F)).  Dissolve  1.42g  of  anhydrous  disodium 
hydrogen  phosphate  (NaaHPO^)  in  100  ml  of  a 
0.1  M  carbonate-free  solution  of  sodium  hydrox- 
ide. Dilute  to  1  liter  with  distilled  water. 

(5)  Potassium  chloride  electrolyte.  Prepare  a 
saturated  solution  of  potassium  chloride  (KCl)  in 
distilled  water. 

(c)  Ethanol-water  mixture.  To  80  parts  by 
volume  of  ethanol  (S7.3)  add  20  parts  by  volume  of 
distilled  water.  Adjust  the  pH  of  the  mixture  to 
7.0  ±0.1  using  0.1  N  sodium  hydroxide  (NaOH) 
solution.  If  more  than  4.0  ml  of  NaOH  solution 
per  liter  of  mixture  is  required  for  neutralization, 
discard  the  mixture. 

56.4.4  Preparation  of  electrode  system. 

(a)  Maintenance  of  electrodes.  Clean  the  glass 
electrode  before  using  by  immersing  in  cold 
chromic-acid  cleaning  solution.  Drain  the  calomel 
electrode  and  fill  with  KCl  electrolyte,  keeping 
level  above  that  of  the  mixture  at  all  times.  When 
not  in  use,  immerse  the  lower  halves  of  the  elec- 
trodes in  distilled  water,  and  do  not  immerse  in  the 
mixture  for  any  appreciable  period  of  time  between 

f  determinations. 

(b)  Preparation  of  electrodes.  Condition  new 
glass  electrodes  and  those  that  have  been  stored 
dry  as  recommended  by  the  manufacturer.  Before 
and  after  using,  wipe  the  glass  electrode 
thoroughly  with  a  clean  cloth,  or  a  soft  absorbent 
tissue,  and  rinse  with  distilled  water.  Before  each 
pH  determination,  soak  the  prepared  electrode  in 
distilled  water  for  at  least  2  minutes.  Immediately 
before  use,  remove  any  excess  water  from  the  tips 
of  the  electrode. 

56.4.5  Standardization  of  the  pH  assembly  and 
testing  of  the  electrodes. 

(a)  Immediately  before  use,  standardize  the  pH 
assembly  with  a  standard  buffer  solution.  Then  use 
a  second  standard  buffer  solution  to  check  the 
linearity  of  the  response  of  the  electrodes  at 
different  pH  values,  and  to  detect  a  faulty  glass 
electrode  or  incorrect  temperature  compensation. 
The  two  buffer  solutions  bracket  the  anticipated 
pH  value  of  the  test  brake  fluid. 

(b)  Allow  instrument  to  warm  up,  and  adjust 
according  to  the  manufacturer's  instructions. 

^         Immerse  the  tips  of  the  electrodes  in  a  standard 

W         buffer  solution  and  allow  the  temperature  of  the 

buffer  solution  and  the  electrodes  to  equalize.  Set 

the  temperature  knob  at  the  temperature  of  the 


buffer  solution.  Adjust  the  standardization  or 
asymmetry  potential  control  until  the  meter 
registers  a  scale  reading,  in  pH  units,  equal  to  the 
known  pH  of  the  standardizing  buffer  solution. 

(c)  Rinse  the  electrodes  with  distilled  water  and 
remove  excess  water  from  the  tips.  Immerse  the 
electrodes  in  a  second  standard  buffer  solution.  The 
reading  of  the  meter  shall  agree  with  the  known  pH 
of  the  second  standard  buffer  solution  within  ±0.05 
unit  without  changing  the  setting  of  the  standardiza- 
tion of  asymmetry  potential  control. 

(d)  A  faulty  electrode  is  indicated  by  failure  to 
obtain  a  correct  value  for  the  pH  of  the  second 
standard  buffer  solution  after  the  meter  has  been 
standardized  with  the  first. 

S6.4.6  Procedure.  To  50  ±1  ml  of  the  test 
brake  fluid  add  50  ±1  ml  of  the  ethanol-water 
(S6.4.3(c))  and  mix  thoroughly.  Immerse  the  elec- 
trodes in  the  mixture.  Allow  the  system  to  come  to 
equilibrium,  readjust  the  temperature  compensa- 
tion if  necessary,  and  take  the  pH  reading. 

S6.5  Fluid  stability.  Evaluate  the  heat  and 
chemical  stability  of  a  brake  fluid  by  the  following 
procedure,  running  duplicate  samples  for  each  test 
and  averaging  the  results. 

56.5.1  Summary  of  the  procedure.  The  degradation 
of  the  brake  fluid  at  elevated  temperature,  alone  or  in 
a  mixture  with  a  reference  fluid,  is  evaluated  by 
determining  the  change  in  boiling  point  after  a  period 
of  heating  under  reflux  conditions. 

56.5.2  Apparatus.  Use  the  apparatus  and 
preparation  specified  in  S6.1.2  and  S6.1.3. 

56.5.3  High  temperature  stability. 
S6.5.3.1     Procedure. 

(a)  Heat  a  new  60  ±1  ml  sample  of  the  brake 
fluid  to  185±2°C  (365±3.6°F).  Hold  at  this 
temperature  for  120  ±5  minutes.  Bring  to  a  reflux 
rate  in  excess  of  1  drop  per  second  within  5 
minutes.  The  reflux  rate  should  not  exceed  5  drops 
per  second  at  any  time.  Over  the  next  5  ±  2  minutes 
adjust  the  heating  rate  to  obtain  an  equilibrium 
reflux  rate  of  1  to  2  drops  per  second.  Maintain  this 
rate  for  an  additional  2  minutes,  taking  4 
temperature  readings  at  30-second  intervals. 
Average  these  as  the  observed  ERBP.  If  no  reflux 
is  evident  when  the  fluid  temperature  reaches 
260°  C  (500°F),  discontinue  heating  and  report 
ERBP  as  in  excess  of  260°C  (500°F). 


PART  571;  S  116-11 


S6.5.3.2  Calculation.  Correct  the  observed 
ERBP  for  thermometer  and  barometric  pressure 
factors  according  to  S6. 1.5(a)  and  (b).  Average  the 
corrected  ERBP's  of  the  dupHcate  samples.  The 
difference  between  this  average  and  the  original 
ERBP  obtained  in  S6.1  is  the  change  in  ERBP  of 
the  fluid. 


S6.5.4    Chemical  stability. 

56.5.4.1  Materials. 

SAE  RM-66-03  Compatibility  Fluid,  as  de- 
scribed in  Appendix  A  of  SAE  Standard  J 1703 
Nov83,  Motor  Vehicle  Brake  Fluid,  November 
1983.  (56  F.R.  11107-March  15,  1991.  Effective: 
September  11,  1991)] 

56.5.4.2  Procedure. 

1(a)  Mix  30  ±  1  ml  of  the  brake  fluid  with  30  ±  1 
ml  of  SAE  RM-66-03  Compatibility  Fluid  in  a  boil- 
ing point  flask  (S6.1.2(a)).  Determine  the  initial 
ERBP  of  the  mixture  by  applying  heat  to  the  flask 
so  that  the  fluid  is  refluxing  in  10  ±  2  minutes  at  a 
rate  in  excess  of  1  drop  per  second,  but  not  more 
than  5  drops  per  second.  Note  the  maximum  fluid 
temperature  observed  during  the  first  minute  after 
the  fluid  begins  refluxing  at  a  rate  in  excess  of  1 
drop  per  second.  Over  the  next  15  ±1  minutes, 
adjust  and  maintain  the  reflux  rate  at  1  to  2  drops 
per  second.  Maintain  this  rate  for  an  additional  2 
minutes,  recording  the  average  value  of  four 
temperature  readings  taken  at  30-second  intervals 
as  the  final  ERBP. 

(b)  Thermometer  and  barometric  corrections 
are  not  required.  (56  F.R.  11107— March  15,  1991. 
Effective:  September  11,  1991)] 

56.5.4.3  Calculation.  The  difference  between 
the  initial  ERBP  and  the  final  average 
temperature  is  the  change  in  temperature  of  the 
refluxing  mixture.  Average  the  results  of  the 
duplicates  to  the  nearest  0.5°C  (1°F). 


S6.6  Corrosion.  Evaluate  the  corrosiveness  of  a 
brake  fluid  by  running  duplicate  samples  according 
to  the  following  procedure. 


S6.6.1  Summary  of  the  procedure.  Six  specified 
metal  corrosion  test  strips  are  polished,  cleaned, 
and  weighed,  then  assembled  as  described. 
Assembly  is  placed  on  a  standard  wheel  cylinder 
cup  in  a  corrosion  test  jar,  immersed  in  the  water- 
wet  brake  fluid,  capped  and  placed  in  an  oven  at 
100°C  (212°F)  for  120  hours.  Upon  removal  and 
cooling,  the  strips,  fluid,  and  cups  are  examined 
and  tested. 


S6.6.2     Equipment. 

(a)  Balance.  An  analytical  balance  having  a 
minimum  capacity  of  50  grams  and  capable  of 
weighing  to  the  nearest  0.1  mg. 

(b)  Desiccators.  Desiccators  containing  silica 
gel  or  other  suitable  desiccant. 

(c)  Oven.  Gravity  convection  oven  capable  of 
maintaining  the  desired  set  point  within  2°C 
(3.6°F). 

(d)  Micrometer.    A  machinist's  micrometer  25 

to  50  mm  (1  to  2  inches)  capacity,  or  an  optical  com-        L 
parator,  capable  of  measuring  the  diameter  of  the 
SBR  wheel  cylinder  (WC)  cups  to  the  nearest  0.02 
mm  (0.001  inch). 

S6.6.3     lUlaterials. 

(a)  Corrosion  test  strips.  Two  sets  of  strips 
from  each  of  the  metals  listed  in  Appendix  C  of 
SAE  Standard  J1703b.  Each  strip  shall  be  ap- 
proximately 8  cm  long,  1.3  cm  wide,  not  more  than 
0.6  cm  thick,  and  have  a  surface  area  of  25  ±5  sq 
cm  and  a  hole  4  to  5  mm  (0.16  to  0.20  inch)  in 
diameter  on  the  centerline  about  6  mm  from  one 
end.  The  hole  shall  be  clean  and  free  from 
burrs.  Tinned  iron  strips  shall  be  unused.  Other 
strips,  if  used,  shall  not  be  employed  if  they  cannot 
be  polished  to  a  high  finish. 

(b)  SBR  cups.  Two  unused  standard  SAE  SBR 
wheel  cylinder  (WC)  cups,  as  specified  in  S7.6. 

(c)  Corrosion  test  jars  and  lids.  Two  screw-top 
straight-sided  round  glass  jars,  each  having  a 
capacity  of  approximately  475  ml  and  inner  dimen- 
sions of  approximately  100  mm  in  height  and  75 
mm  in  diameter,  and  a  tinned  steel  lid  (no  insert  or  ^ 
organic  coating)  vented  with  a  hole  0.8  ±0.1  mm 
(0.031  ±0.004  inch)  in  diameter  (No.  68  drill). 


(Rev.  3/15/91) 


PART  571;  S  116-12 


(d)  Machine  screws  and  nuts.  Clean,  rust  and  oil- 
free,  uncoated  mild  steel  round  or  fillister  head 
machine  screws,  size  6  or  8-32  UNC-Class  2A,  %  or 
%  inch  long  (or  equivalent  metric  sizes),  and 
matching  uncoated  nuts. 

(e)  Supplies  for  polishing  strips.  Waterproof 
silicon  carbide  paper,  grit  No.  320  A;  grade  00  steel 
wool,  lint-free  polishing  cloth. 

(f)  Distilled  water  as  specified  in  S7.1. 

(g)  Ethanol  as  specified  in  S7.3. 

(h)  Isopropanol  as  specified  in  S7.7. 

S6.6.4  Preparation. 

(a)  Corrosion  test  strips.  Except  for  the  tinned 
iron  strips,  abrade  corrosion  test  strips  on  all  sur- 
face areas  with  silicon  carbide  paper  wet  with 
ethanol  (isopropanol  when  testing  |DOT  5  SBBFJ 
fluids)  until  all  surface  scratches,  cuts  and  pits  are 
removed.  Use  a  new  piece  of  paper  for  each  dif- 
ferent type  of  metal.  Polish  the  strips  with  the  00 
grade  steel  wool.  Wash  all  strips,  including  the 
tinned  iron  and  the  assembly  hardware,  with 
ethanol;  dry  the  strips  and  assembly  hardware 
with  a  clean  lint-free  cloth  or  use  filtered  com- 
pressed air  and  place  the  strips  and  hardware  in  a 
desiccator  containing  silica  gel  or  other  suitable 
desiccant  and  maintained  at  23±5°C  (73.4  ±9°F), 
for  at  least  one  hour.  Handle  the  strips  with 
forceps  after  polishing.  Weigh  and  record  the 
weight  of  each  strip  to  the  nearest  0.1  mg.  Assem- 
ble the  strips  on  a  clean  dry  machine  screw,  with 
matching  plain  nut,  in  the  order  of  tinned  iron, 
steel,  aluminum,  cast  iron,  brass,  and  copper.  Bend 
the  strips,  other  than  the  cast  iron,  so  that  there  is 
a  separation  of  3  ±  ^  mm  (Vg  ±  ^4  inch)  between  ad- 
jacent strips  for  a  distance  of  about  5  cm  (2  inches) 
from  the  free  end  of  the  strips.  (See  Figure  4.) 
Tighten  the  screw  on  each  test  strip  assembly  so 
that  the  strips  are  in  electrolytic  contact,  and  can 
be  lifted  by  either  of  the  outer  strips  (tinned  iron  or 
copper)  without  any  of  the  strips  moving  relative 
to  the  others  when  held  horizontally.  Immerse  the 
strip  assemblies  in  90  percent  ethyl  alcohol.  Dry 
with  dried  filtered  compressed  air,  then  desiccate 
at  least  one  hour  before  use. 

(b)  SBR  WC  cups.  Measure  the  base  diameters  of 
the  2  standard  SBR  cups,  using  an  optical  com- 
parator or  micrometer,  to  the  nearest  0.02  mm 
(0.001  inch)  along  the  centerline  of  the  SAE  and 
rubber-type  identifications  and  at  right  angles  to 
this  centerline.  Take  the  measurements  at  least  0.4 
mm  (0.015  inch)  above  the  bottom  edge  and 
parallel  to  the  base  of  the  cup.  Discard  any  cup  if 


t—  3  mm  (TYPICAL  SPACING 
CAST     BETWEEN  STRIPS) 


6o(i  8-32x5/8  UNCOATED^ 
MILD  STEEL  RD  HD 
MACH  SCREW  i  NUT 


FIG. 4 
CORROSION    STRIP  ASSEMBLY 

the  two  measured  diameters  differ  by  more  than 
0.08  mm  (0.003  inch).  Average  the  two  readings  on 
each  cup.  Determine  the  hardness  of  the  cups 
according  to  S7.4. 

S6.6.5  Procedure.  Rinse  the  cups  in  ethanol 
(isopropanol  when  testing  [DOT  5  SBBFI  fluids) 
for  not  more  than  30  seconds  and  wipe  dry  with  a 
clean  lint-free  cloth.  Place  one  cup  with  lip  edge 
facing  up  in  each  jar.  Insert  a  metal  strip  assembly 
inside  each  cup  with  the  fastened  end  down  and  the 
free  end  extending  upward.  (See  Figure  5.)  [When 
testing  brake  fluids,  except  DOT  5  SBBF,  mix  760 
ml  of  brake  fluid  with  40  ml  of  distilled  water. 
When  testing  DOT  5  SBBFs,  humidify  800  ml  of 
brake  fluid  in  accordance  with  S6.2,  eliminating 
determination  of  the  ERBP.  Using  this  water-wet 
mixture,  cover  each  strip  assembly  to  a  minimum 
depth  of  10  mm  above  the  tops  of  the  strips.  (56 
F.R.  11107— March  15, 1991.  Effective:  September  11, 
1991)1  Tighten  the  lids  and  place  the  jars  for 
120  ±2  hours  in  an  oven  maintained  at  100±2°C 
(212±3.6°F).  Allow  the  jars  to  cool  at  23±5°C 
(73.4  ±9°F)  for  60  to  90  minutes.  Immediately 
remove  the  strips  from  the  jars  using  forceps, 
agitating  the  strip  assembly  in  the  fluid  to  remove 
adhering  sediment.  Examine  the  test  strips  and 
jars  for  adhering  crystalline  deposits.  Disassemble 
the  metal  strips,  and  remove  adhering  fluid  by 
flushing  with  water;  clean  each  strip  by  wiping 
with  a  clean  cloth  wetted  with  ethanol.  Examine 
the  strips  for  evidence  of  corrosion  and  pitting. 
Disregard   staining  or  discoloration.    Place  the 


(Rev.  3/1S/91) 


PART  571;  S  116-13 


0.8±0lmm  DIA  VENT 


F= 


'  —  TINNED 

_coj^_j__n£io_iim  _;^     ^^f^"-  LID 


—  ~475ml 

GLASS  JAR 


75mm  MIN   DIA 


FIG. 5 

CORROSION  TEST 

APPARATUS 


strips  in  a  desiccator  containing  silica  gel  or  other 
suitable  desiccant,  maintained  at  23±5°C 
(73.4  ±  9°F),  for  at  least  1  hour.  Weigh  each  strip  to 
the  nearest  0.1  mg.  Determine  the  change  in 
weight  of  each  metal  strip.  Average  the  results  for 
the  two  strips  of  each  type  of  metal.  Immediately 
following  the  cooling  period,  remove  the  cups  from 
the  jars  with  forceps.  Remove  loose  adhering  sedi- 
ment by  agitation  of  the  cups  in  the  mixture.  Rinse 
the  cups  in  ethanol  and  air-dry.  Examine  the  cups 
for  evidence  of  sloughing,  blisters,  and  other  forms 
of  disintegration.  Measure  the  base  diameter  and 
hardness  of  each  cup  within  15  minutes  after 
removal  from  the  mixture.  Examine  the  mixture 
for  gelling.  Agitate  the  mixture  to  suspend  and 
uniformly  disperse  sediment.  From  each  jar, 
transfer  a  100  ml  portion  of  the  mixture  to  an 
ASTM  cone-shaped  centrifuge  tube.  [Measure  the 
pH  value  of  the  corrosion  test  fluid  according  to 
S6.4.6.  Measure  the  pH  value  of  the  test  mixture 
according  to  S6.4.6.  (56  F.R.  11107— March  15. 
1991.  Effective:  September  11,  1991)1 

S6.6.6    Calculation. 

(a)  Measure  the  area  of  each  type  of  test  strip  to 
the  nearest  square  centimeter.  Divide  the  average 
change  in  weight  for  each  type  by  the  area  of  that 
type. 


(b)  Note  other  data  and  evaluations  indicating 
compliance  with  S5.1.6.  In  the  event  of  a  marginal 
pass  on  inspection  by  attributes,  or  of  a  failure  in 
one  of  the  duplicates,  run  another  set  of  duplicate 
samples.  Both  repeat  samples  shall  meet  all 
requirements  of  S5.1.6. 

S6.7  Fluidity  and  appearance  at  low  temperatures. 

Determine  the  fluidity  and  appearance  of  a  sample 
of  brake  fluid  at  each  of  two  selected  temperatures 
by  the  following  procedure. 

56.7.1  Summary  of  procedure.  Brake  fluid  is 
chilled  to  expected  minimum  exposure 
temperatures  and  observed  for  clarity,  gellation, 
sediment,  separation  of  components,  excessive 
viscosity  or  thixotropy. 

56.7.2  Apparatus. 

(a)  Oil  sample  bottle.  Two  clear  flint  glass 
4-ounce  bottles  made  especially  for  sampling  oil 
and  other  liquids,  with  a  capacity  of  approximately 
125  ml,  an  outside  diameter  of  37.0  ±  0.05  mm  and 

an  overall  height  of  165  ±2.5  mm.  . 

(b)  Cold  chamber.   An  air  bath  cold  chamber  1 
capable  of  maintaining  storage  temperatures  down 

to  minus  55°C  (minus  67°F)  with  an  accuracy 
of±2°C(3.6°F). 

(c)  Timing  device.  A  timing  device  in  accordance 
with  S6.3.2(e). 

56.7.3  Procedure. 

(a)  Place  100  ±1  ml  of  brake  fluid  at  room 
temperature  in  an  oil  sample  bottle.  Stopper  the 
bottle  with  an  unused  cork  and  place  in  the  cold 
chamber  at  the  higher  storage  temperature 
specified  in  Table  II  (S5.1.7(c)).  After  144±4  hours 
remove  the  bottle  from  the  chamber,  quickly  wipe 
it  with  a  clean,  lint-free  cloth,  saturated  with 
ethanol  (isopropanol  when  testing  DOT  5  fluids)  or 
acetone.  Examine  the  fluid  for  evidence  of  sludg- 
ing, sedimentation,  crystallization,  or  stratifica- 
tion. Invert  the  bottle  and  determine  the  number 
of  seconds  required  for  the  air  bubble  to  travel  to 
the  top  of  the  fluid.  Let  sample  warm  to  room 
temperature  and  examine. 

(b)  Repeat  S6.7.3(a),  substituting  the  lower  cold 
chamber  temperature  specified  in  Table  II,  and  a  ^ 
storage  period  of  6  hours  ±12  minutes.  Note:  Test           ► 
specimens  from  either  storage  temperature  may 

be  used  for  the  other  only  after  warming  up  to 
room  temperature. 


(Rev.  3/15/91) 


PART  571;  S  116-14 


S6.8  Evaporation.  The  evaporation  residue,  and 
pour  point  of  the  evaporation  residue  of  brake 
fluid,  are  determined  by  the  following  procedure. 
Four  replicate  samples  are  run. 

56.8.1  Summary  of  the  procedure.  The  volatile 
diluent  portion  of  a  brake  fluid  is  evaporated  in  an 
oven  at  100°C  (212°F).  The  non-volatile  lubricant 
portion  (evaporation  residue)  is  measured  and 
examined  for  grittiness;  the  residues  are  then  com- 
bined and  checked  to  assure  fluidity  at  minus  5°C 
(23°F). 

56.8.2  Apparatus. 

(a)  Petri  dishes.  Four  covered  glass  petri  dishes 
approximately  100  mm  in  diameter  and  15  mm  in 
height. 

(b)  Oven.  A  top-vented  gravity-convection  oven 
capable  of  maintaining  a  temperature  of  100±2°C 
(212±3.6°F). 

(c)  Balance.  A  balance  having  a  capacity  of  at 
least  100  grams,  capable  of  weighing  to  the  nearest 
0.01  gram,  and  suitable  for  weighing  the  petri 
dishes. 

(d)  Oil  sample  bottle.  A  glass  sample  bottle  as 
described  in  S6.7.2(a). 

(e)  Cold  chamber.  Air  bath  cold  chamber  capable 
of  maintaining  an  oil  sample  bottle  at  minus  5  ±  1° 
C(23±2°F). 

(f )  Timing  device.  A  timing  device  as  described 
in  S6.3.2(e). 

56.8.3  Procedure.  Obtain  the  tare  weight  of 
each  of  the  four  covered  petri  dishes  to  the  nearest 
0.01  gram.  Place  25  ±  1  ml  of  brake  fluid  in  each 
dish,  replace  proper  covers  and  reweigh.  Deter- 
mine the  weight  of  each  brake  fluid  test  specimen 
by  the  difference.  Place  the  four  dishes,  each  inside 
its  inverted  cover,  in  the  oven  at  100±2°C 
(212±3.6°F)  for  46  ±2  hours.  (Note:  Do  not 
simultaneously  heat  more  than  one  fluid  in  the 
same  oven.)  Remove  the  dishes  from  the  oven, 
allow  to  cool  to  23±5°C  (73.4  ±9°F),  and  weigh. 
Return  to  the  oven  for  an  additional  24  ±  2  hours.  If 
at  the  end  of  72  ±4  hours  the  average  loss  by 
evaporation  is  less  than  60  percent,  discontinue  the 
evaporation  procedure  and  proceed  with  examina- 
tion of  the  residue.  Otherwise,  continue  this  pro- 
cedure either  until  equilibrium  is  reached  as 
evidenced  by  an  incremental  weight  loss  of  less 
than  0.25  gram  in  24  hours  on  all  individual  dishes 
or  for  a  maximum  of  7  days.  During  the  heating 


and  weighing  operation,  if  it  is  necessary  to 
remove  the  dishes  from  the  oven  for  a  period  of 
longer  than  1  hour,  the  dishes  shall  be  stored  in  a 
desiccator  as  soon  as  cooled  to  room  temperature. 
Calculate  the  percentage  of  fluid  evaporated  from 
each  dish.  Examine  the  residue  in  the  dishes  at  the 
end  of  1  hour  at  23  ±  5°C  (73.4  ±  9°F).  Rub  any  sedi- 
ment with  the  fingertip  to  determine  grittiness  or 
abrasiveness.  Combine  the  residues  from  all  four 
dishes  in  a  4-ounce  oil  sample  bottle  and  store  ver- 
tically in  a  cold  chamber  at  minus  5  ±  1  °C  (23  ±  2°F) 
for  60±  10  minutes.  Quickly  remove  the  bottle  and 
place  in  the  horizontal  position.  The  residue  must 
flow  at  least  5  mm  (0.2  inch)  along  the  tube  within 
5  seconds. 

S6.8.4  Calculation.  The  average  of  the  percen- 
tage evaporated  from  all  four  dishes  is  the  loss  by 
evaporation. 

S6.9  Water  tolerance.  Evaluate  the  water 
tolerance  characteristics  of  a  brake  fluid  by  run- 
ning one  test  specimen  according  to  the  following 
procedure. 

56.9.1  Summary  of  the  procedure. 

IBrake  fluid,  except  DOT  5  SBBF,  is  diluted  with 
3.5  percent  water  (DOT  5  SBBF  is  humidified), 
then  stored  at  minus  40°C  (minus  40°F)  for  120 
hours.  The  cold,  water-wet  fluid  is  first  examined 
for  clarity,  stratification,  and  sedimentation,  then 
placed  in  an  oven  at  60°C  (140°F)  for  24  hours.  On 
removal,  it  is  again  examined  for  stratification, 
and  the  volume  percent  of  sediment  determined  by 
centrifuging.  (56  F.R.  11107— March  15,  1991.  Ef- 
fective: September  11,  1991)1 

56.9.2  Apparatus. 

(a)  Centrifuge  tube.    See  S7.5.1(a). 

(b)  Centrifuge.    See  S7.5.1(b). 

(c)  Cold  chamber.    See  S6. 7.2(b). 

(d)  Oven.    Gravity  or  forced  convection  oven. 

(e)  Timing  device.    See  S6.3.2(e). 

56.9.3  Procedure. 

(a)  At  low  temperature.  Humidify  100 ±1  ml  of 
DOT  5  ISBBFl  brake  fluid  in  accordance  with  S6.2 
eliminating  determination  of  the  ERBP.  When 
testing  brake  fluids  lexcept  DOT  5  SBBFJ,  mix 
3.5  ±0.1  ml.  of  distilled  water  with  100  ±  1  ml  of  the 
brake  fluid;  pour  into  a  centrifuge  tube.  Stopper 
the  tube  with  a  clean  cork  and  place  in  the  cold 
chamber  maintained  at  minus  40±2°C  (minus 
40±3.6°F).  After  120  ±2  hours  remove  the  tube 


PART  571;  S  116-15 


quickly  wipe  with  clean  lint-free  cloth  saturated 
with  ethanol  or  acetone  and  examine  the  fluid,  for 
evidence  of  sludging,  sedimentation,  crystalliza- 
tion, or  stratification.  Invert  the  tube  and  deter- 
mine the  number  of  seconds  required  for  the  air 
bubble  to  travel  to  the  top  of  the  fluid.  (The  air  bub- 
ble is  considered  to  have  reached  the  top  of  the 
fluid  when  the  top  of  the  bubble  reaches  the  2  ml 
graduation  of  the  centrifuge  tube.)  If  the  wet  fluid 
has  become  cloudy,  warm  to  23±5°C  (73.4  ±9°F) 
and  note  appearance  and  fluidity. 

(b)  At  60°C  (UO°F).  Place  tube  and  brake  fluid 
from  S6.9.3(a)  in  an  oven  maintained  at  60±2°C 
(140  ±  2.6°F)  for  24  ±  2  hours.  Remove  the  tube  and 
immediately  examine  the  contents  for  evidence  of 
stratification.  Determine  the  percent  sediment  by 
centrifuging  as  described  in  S7.5. 

S6.10  Compatibility.  The  compatibility  of  a 
brake  fluid  with  other  brake  fluids  shall  be 
evaluated  by  running  one  test  sample  according  to 
the  following  procedure. 

56.10.1  Summary  of  the  procedure. 

IBrake  fluid  is  mixed  with  an  equal  volume  of 
SAE  RM-66-03  Compatibility  Fluid,  then  tested  in 
the  same  way  as  for  water  tolerance  (S6.9)  except 
that  the  bubble  flow  time  is  not  measured.  This  test 
is  an  indication  of  the  compatibility  of  the  test  fluid 
with  other  motor  vehicle  brake  fluids  at  both  high 
and  low  temperatures.  (56  F.R.  11107— March  15, 
1991.  Effective:  September  11,  1991)1 

56.10.2  Apparatus  and  materials. 

(a)  Centrifuge  tube.    See  S7.5.1(a). 

(b)  Centrifuge.    See  S7.5.1(b). 

(c)  Cold  chamber.    See  S6.7.2(b). 

(d)  Oven.    See  S6.9.2(d). 

(e)  SAE  RM-66-03  Compatibility  Fluid.  [As 
described  in  Appendix  A  of  SAE  Standard  J1703 
Nov83,  Motor  Vehicle  Brake  Fluid,  November 
1983.  (56  F.R.  11107— March  15,  1991.  Effective: 
September  11.  1991)1 

56.10.3  Procedure. 

(a)  At  low  temperature. 

IMix  50  ±  0.5  ml  of  brake  fluid  with  50  ±  0.5  ml  of 
SAE  RM-66-03  Compatibility  Fluid.  Pour  this 
mixture  into  a  centrifuge  tube  and  stopper  with  a 


clean  dry  cork.  Place  tube  in  the  cold  chamber 
maintained  at  minus  40±2°C  (minus  40±3.6°F). 
After  24  ±2  hours,  remove  tube,  quickly  wipe  with 
a  clean  lint-free  cloth  saturated  with  ethanol 
(isopropanol  when  testing  DOT  5  fluids)  or 
acetone.  Examine  the  test  specimen  for  evidence 
of  sludging,  sedimentation,  or  crystallization.  Test 
fluids,  except  DOT  5  SBBF,  shall  be  examined  for 
stratification. 

(b)  At  60°C  (UO°F). 
Place  tube  and  test  fluid  from  S6.10.3(a)  for  24  ±2 
hours  in  an  oven  maintained  at  60±2°C 
(140±3.6°F).  Remove  the  tube  and  immediately 
examine  the  contents  of  the  test  mixtures,  except 
DOT  5  SBBFs,  for  evidence  of  stratification. 
Determine  percent  sediment  by  centrifuging  as 
described  in  S7.5.  (56  F.R.  11107-March  15,  1991. 
Effective:  September  11,  1991)1 


S6.11  Resistance  to  oxidation.  The  stability  of  a 
brake  fluid  under  oxidative  conditions  shall  be 
evaluated  by  running  duplicate  samples  according 
to  the  following  procedure. 

56.11.1  Summary  of  the  procedure. 

[Brake  fluids,  except  DOT  5  SBBF,  are  activated 
with  a  mixture  of  approximately  0.2  percent  ben- 
zoyl peroxide  and  5  percent  water.  DOT  5  SBBF  is 
humidified  in  accordance  with  S6.2  eliminating 
determination  of  the  ERBP,  and  then  approx- 
imately 0.2  percent  benzoyl  peroxide  is  added.  A 
corrosion  test  strip  assembly  consisting  of  cast 
iron  and  an  aluminum  strip  separated  by  tinfoil 
squares  at  each  end  is  then  rested  on  a  piece  of 
SBR  WC  cup  positioned  so  that  the  test  strip  is  half 
immersed  in  the  fluid  and  oven-aged  at  70  °C 
(158°F)  for  168  hours.  At  the  end  of  this  period,  the 
metal  strips  are  examined  for  pitting,  etching,  and 
weight  loss.  (56  F.R.  11107— March  15,  1991.  Effec- 
tive: September  11,  1991)1 

56.11.2  Equipment. 

(a)  Balance.    See  S6.6.2(a). 

(b)  Desiccators.    See  S6.6.2(b). 

(c)  Oven.    See  S6.6.2(c). 

(d)  Three  glass  test  tubes  approximately  22 
mm  outside  diameter  by  175  mm  in  length. 


(Rev.  3/15/91) 


PART  571;  S  116-16 


mj  S6.11.3    Reagents  and  materials. 

(a)  Benzoyl  peroxide,  reagent  grade,  96  percent. 
(Benzoyl  peroxide  that  is  brownish,  or  dusty,  or 
has  less  than  90  percent  purity,  must  be  discarded.) 
Reagent  strength  may  be  evaluated  by  ASTM 
E298-68,  Standard  Methods  for  Assay  of  Organic 
Peroxides. 

(b)  Corrosion  test  strips.  Two  sets  of  cast  iron 
and  aluminum  metal  test  strips  as  described  in 
Appendix  C  of  SAE  Standard  J1703b. 

(c)  Tinfoil.  Four  unused  pieces  of  tinfoil  ap- 
proximately 12  mm  (Vz  inch)  square  and  between 
0.02  and  0.06  mm  (0.0008  and  0.0024  inch)  in 
thickness.  The  foil  shall  be  at  least  99.9  percent  tin 
and  contain  not  more  than  0.024  percent  lead. 

(d)  SBR  cups.  Two  unused,  approximately  one- 
eight  sections  of  a  standard  SAE  SBR  WC  cup  (as 
described  in  S7.6). 

(e)  Machine  screw  and  nut.  Two  clean  oilfree, 
No.  6  or  8-32  x  %  or  V2  inch  long  (or  equivalent 
metric  size),  round  or  fillister  head,  uncoated  mild 
steel  machine  screws,  with  matching  plain  nuts. 

56.11.4  Preparation. 

P  (a)  Corrosion  test  strips.  Prepare  two  sets  of 

aluminum  and  cast  iron  tests  strips  according  to 
S6.6.4(a)  except  for  assembly.  Weigh  each  strip  to 
the  nearest  0.1  mg  and  assemble  a  strip  of  each 
metal  on  a  machine  screw,  separating  the  strips  at 
each  end  with  a  piece  of  tinfoil.  Tighten  the  nut 
enough  to  hold  both  pieces  of  foil  firmly  in  place, 
(b)  Test  mixture.  IPlace  30  ±  1  ml  of  the  brake 
fluid  under  test  in  a  22  by  175  mm  test  tube.  For  all 
fluids  except  DOT  5  SBBF,  add  0.060  ±  .002  grams 
of  benzoyl  peroxide,  and  1.50  ±0.05  ml  of  distilled 
water.  For  DOT  5  SBBF,  use  test  fluid  humidified 
in  accordance  with  S6.2,  and  add  only  the  benzoyl 
peroxide.  Stopper  the  tube  loosely  with  a  clean  dry 
cork,  shake,  and  place  in  an  oven  for  2  hours  at 
70±2°C  (158±3.6°F).  Shake  every  15  minutes  to 
effect  solution  of  the  peroxide,  but  do  not  wet  cork. 
Remove  the  tube  from  the  oven  and  allow  to  cool  to 
23±5°C  (73.4  ±9°F).  Begin  testing  according  to 
paragraph  S6.11.5  not  later  than  24  hours  after 
removal  of  tube  from  oven.  (56  F.R.  11107— March 
15,  1991.  Effective:  September  11,  1991)1 

56.11.5  Procedure.  Place  a  one-eighth  SBR 
cup  section  in  the  bottom  of  each  tube.  Add  10  ml 

^  of  prepared  test  mixture  to  each  test  tube.  Place  a 
metal-strip  assembly  in  each,  the  end  of  the  strip 
without  the  screw  resting  on  the  rubber,  and  the 


solution  covering  about  one-half  the  length  of  the 
strips.  Stopper  the  tubes  with  clean  dry  corks  and 
store  upright  for  70  ±2  hours  at  23±5°C 
(73.4  ±9°F).  Loosen  the  corks  and  place  the  tubes 
for  168  ±  2  hours  in  an  oven  maintained  at  70  ±  2°C 
(158±3.6°F).  Afterwards  remove  and  disassemble 
strips.  Examine  the  strips  and  note  any  gum 
deposits.  Wipe  the  strips  with  a  clean  cloth  wet 
with  ethanol  (isopropanol  when  testing  DOT  5 
fluids)  and  note  any  pitting,  etching  or  roughening 
of  surface,  disregarding  stain  or  discoloration. 
Place  the  strips  in  a  desiccator  over  silica  gel  or 
other  suitable  desiccant,  at  23  ±  5°C  (73.4  ±  9°F)  for 
at  least  1  hour.  Again  weigh  each  strip  to  the 
nearest  0.1  mg. 

S6.11.6  Calculation.  Determine  corrosion  loss 
by  dividing  the  change  in  weight  of  each  metal 
strip  by  the  total  surface  area  of  each  strip 
measured  in  square  centimeters,  to  the  nearest 
square  centimeter.  Average  the  results  for  the  two 
strips  of  each  type  of  metal,  rounding  to  the 
nearest  0.05  mg  per  square  centimeter.  If  only  one 
of  the  duplicates  fails  for  any  reason,  run  a  second 
set  of  duplicate  samples.  Both  repeat  samples  shall 
meet  all  requirements  of  S5. 1.11. 

S6.12  Effect  on  SBR  cups.  The  effects  of  a 
brake  fluid  in  swelling,  softening,  and  otherwise  af- 
fecting standard  SBR  WC  cups  shall  be  evaluated 
by  the  following  procedure. 

56.12.1  Summary  of  the  procedure.  Four  stand- 
ard SAE  SBR  WC  cups  are  measured  and  their 
hardnesses  determined.  The  cups,  two  to  a  jar,  are 
immersed  in  the  test  brake  fluid.  One  jar  is  heated 
for  70  hours  at  70°C  (158°F),  and  the  other  for  70 
hours  at  120°C  (248°F).  Afterwards,  the  cups  are 
washed,  examined  for  disintegration,  remeasured, 
and  their  hardnesses  redetermined. 

56.12.2  Equipment  and  supplies. 

(a)  Oven.    See  S6.6.2(c). 

(b)  Glass  jars  and  lids.  Two  screw-top, 
straight-sided  round  glass  jars,  each  having  a 
capacity  of  approximately  250  ml  and  inner  dimen- 
sions of  approximately  125  mm  in  height  and  50 
mm  in  diameter,  and  a  tinned  steel  lid  (no  insert  or 
organic  coating). 

(c)  SBR  cups.  See  S7.6. 

56.12.3  Preparation.  Measure  the  base  diam- 
eters of  the  SBR  cups  as  described  in  S6. 6.4(b),  and 
the  hardness  of  each  as  described  in  S7.4. 


PART  571;  S  116-17 


56.12.4  Procedure.  Wash  the  cups  in  90  percent 
ethanol  (isopropanol  when  testing  DOT  5  fluids) 
(see  S7.3),  for  not  longer  than  30  seconds  and 
quickly  dry  with  a  clean,  lint-free  cloth.  Using 
forceps,  place  two  cups  into  each  of  the  two  jars; 
add  75  ml  of  brake  fluid  to  each  jar  and  cap  tightly. 
Place  one  jar  in  an  oven  held  at  70°±2°C 
(158±3.6°F)  for  70  ±2  hours.  Place  the  other  jar  in 
an  oven  held  at  120±2°C  (248±3.6°F)  for  70  ±2 
hours.  Allow  each  jar  to  cool  for  60  to  90  minutes  at 
23±5°C  (73.4  ±9°F).  Remove  cups,  wash  with 
ethanol  for  not  longer  than  30  seconds,  and  quickly 
dry.  Examine  the  cups  for  disintegration  as 
evidenced  by  stickiness,  blisters,  or  sloughing. 
Measure  the  base  diameter  and  hardness  of  each 
cup  within  15  minutes  after  removal  from  the 
fluid. 

56.12.5  Calculation. 

(a)  Calculate  the  change  in  base  diameter  for 
each  cup.  If  the  two  values,  at  each  temperature, 
do  not  differ  by  more  than  0.10  mm  (0.004  inch) 
average  them  to  the  nearest  0.02  mm  (0.001  inch). 
If  the  two  values  differ  by  more  than  0.10  mm, 
repeat  the  test  at  the  appropriate  temperature  and 
average  the  four  values  as  the  change  in  base 
diameter. 

(b)  Calculate  the  change  in  hardness  for  each 
cup.  The  average  of  the  two  values  for  each  pair  is 
the  change  in  hardness. 

(c)  Note  disintegration  as  evidenced  by 
stickiness,  blisters,  or  sloughing. 

S6.13  Stroking  properties.  Evaluate  the 
lubricating  properties,  component  compatibility, 
resistance  to  leakage,  and  related  qualities  of  a 
brake  fluid  by  running  one  sample  according  to  the 
following  procedures. 

IS6.13.1  Summary  of  the  procedure.  Brake  fluid  is 
stroked  under  controlled  conditions  at  an  elevated 
temperature  in  a  simulated  motor  vehicle  hydraulic 
braking  system  consisting  of  three  slave  wheel 
cylinders  and  an  actuating  master  cylinder  con- 
nected by  steel  tubing.  Referee  standard  parts  are 
used.  All  parts  are  carefully  cleaned,  examined, 
and  certain  measurements  made  immediately  prior 
to  assembly  for  test.  During  the  test,  temperature, 
rate  of  pressure  rise,  maximum  pressure,  and  rate 
of  stroking  are  specified  and  controlled.  The 
system  is  examined  periodically  during  stroking  to 


assure  that  excessive  leakage  of  fluid  is  not  occur- 
ring. Afterwards,  the  system  is  torn  down.  Metal 
parts  and  SBR  cups  are  examined  and  remeasured. 
The  brake  fluid  and  any  resultant  sludge  and  debris 
are  collected,  examined,  and  tested. 

S6.13.2  Apparatus  and  equipment. 

Either  the  drum  and  shoe  type  of  stroking 
apparatus  (see  Figure  1  of  SAE  Standard  J1703b) 
except  using  only  three  sets  of  drum  and  shoe 
assemblies,  or  the  stroking  fixture  type  apparatus 
as  shown  in  Figure  2  of  SAE  J1703,  November 
1983,  with  the  components  arranged  as  shown  in 
Figure  1  of  SAE  J1703,  November  1983.  The 
following  components  are  required. 

(a)  Brake  assemblies.  With  the  drum  and  shoe 
apparatus:  three  drum  and  shoe  assembly  units 
(SAE  RM-29a)  consisting  of  three  forward  brake 
shoes  and  three  reverse  brake  shoes  with  linings 
and  three  front  wheel  brake  drum  assemblies  with 
assembly  component  parts.  With  stroking  fixture 
type  apparatus:  three  fixture  units  including 
appropriate  adapter  mounting  plates  to  hold  brake 
wheel  cylinder  assemblies.  (51  F.R.  16699— May  6, 
1986.  Effective:  May  6,  1986)1 

(b)  Braking  pressure  actuation  mechanism.  An 
actuating  mechanism  for  applying  a  force  to  the 
master  cylinder  pushrod  without  side  thrust.  The 
amount  of  force  applied  by  the  actuating 
mechanism  shall  be  adjustable  and  capable  of 
applying  sufficient  thrust  to  the  master  cylinder  to 
create  a  pressure  of  at  least  70  kg/sq  cm  (1,000  psi) 
in  the  simulated  brake  system.  A  hydraulic  gauge 
or  pressure  recorder,  having  a  range  of  at  least  0 
to  70  kg/sq  cm  (0  to  1,000  psi),  shall  be  installed 
between  the  master  cylinder  and  the  brake 
assemblies  and  shall  be  provided  with  a  shut-off 
valve  and  with  a  bleeding  valve  for  removing  air 
from  the  connecting  tubing.  The  actuating 
mechanism  shall  be  designed  to  permit  adjustable 
stroking  rates  of  approximately  1,000  strokes  per 
hour.  Use  a  mechanical  or  electrical  counter  to 
record  the  total  number  of  strokes. 

((c)  Heated  air  bath  cabinet.  An  insulated 
cabinet  or  oven  having  sufficient  capacity  to  house 
the  three  mounted  brake  assemblies  or  stroking 
fixture  assemblies,  master  cylinder,  and  necessary 
connections.  A  thermostatically  controlled  heating 
system  is  required  to  maintain  a  temperature  of 
70±5°C  (158±9°F)  or  120±5°C  (248±9°F). 
Heaters  shall  be  shielded  to  prevent  direct  radia- 
tion to  wheel  or  master  cylinder.  (51  F.R. 
16699— May  6.  1986.  Effective:  May  6, 


PART  571;  S  116-18 


(d)  Master  cylinder  (MC)  assembly  (SAE 
RM-15a).  One  cast  iron  housing  hydraulic  brake 
system  cylinder  having  a  diameter  of  approximately 
28  mm  {lYs  inch)  and  fitted  for  a  filler  cap  and 
standpipe  (see  S6. 13.2(e)).  The  MC  piston  shall  be 
made  from  SAE  CA360  copperbase  alloy  (half 
hard).  A  new  MC  assembly  is  required  for  each 
test. 

(e)  Filler  cap  and  standpipe.  MC  filler  cap 
provided  with  a  glass  or  uncoated  steel  standpipe. 
Standpipe  must  provide  adequate  volume  for 
thermal  expansion,  yet  permit  measurement  and 
adjustment  of  the  fluid  level  in  the  system  to  ±  3  ml 
Cap  and  standpipe  may  be  cleaned  and  reused. 

1(f)  Wheel  cylinder  (WC)  assemblies  (SAE 
RM-Ua).  Three  unused  cast  iron  housing  straight 
bore  hydraulic  brake  WC  assemblies  having 
diameters  of  approximately  28  mm  (IJ^  inch)  for 
each  test.  Pistons  shall  be  made  from  unanodized 
SAE  AA2024  aluminum  alloy.  (51  F.R.  16699— May 
6.  1986.  Effective:  May  6,  1986)1 

(g)  Micrometer.  Same  as  S6. 6.2(d). 

56.13.3  Materials. 

[(a)  Standard  SBR  brake  cups.  Six  standard  SAE 
SBR  wheel  cylinder  test  cups,  one  primary  test  cup, 
and  one  secondary  MC  test  cup,  all  as  described  in 
S7.6,  for  each  test.  (51  F.R.  16699— May  6,  1986. 
Effective:  May  6,  1986)1 

(b)  Steel  tubing.  Double  wall  steel  tubing 
meeting  SAE  specification  J527.  A  complete 
replacement  of  tubing  is  essential  when  visual 
inspection  indicates  any  corrosion  or  deposits  on 
inner  surface  of  tubing.  Tubing  from  master 
cylinder  to  one  wheel  cylinder  shall  be  replaced  for 
each  test  (minimum  length  3  feet).  Uniformity  in 
tubing  size  is  required  between  master  cylinder 
and  wheel  cylinder.  The  standard  master  cylinder 
has  two  outlets  for  tubing,  both  of  which  must  be 
used. 

56.13.4  Preparation  of  test  apparatus. 

(a)  Wheel  cylinder  assemblies.  Use  unused  wheel 
cylinder  assemblies.  Disassemble  cylinders  and 
discard  cups.  Clean  all  metal  parts  with  ethanol 
(ispropanol  when  testing  DOT  5  fluids).  Inspect 
the  working  surfaces  of  all  metal  parts  for 
scoring,  galling,  or  pitting  and  cylinder  bore 
roughness,  and  discard  all  defective  parts.  Remove 
any  stains  on  cylinder  walls  with  crocus  cloth  and 
ethanol.  If  stains  cannot  be  removed,  discard  the 
cylinder.  Measure  the  internal  diameter  of  each 


cylinder  at  a  location  approximately  19mm  (0.75 
inch)  from  each  end  of  the  cylinder  bore,  taking 
measurements  in  line  with  the  hydraulic  inlet  open- 
ing and  at  right  angles  to  this  centerline.  Discard 
the  cylinder  if  any  of  these  four  readings  exceeds 
the  maximum  or  minimum  limits  of  28.66  to  28.60 
mm  (1.128  to  1.126  inches).  Measure  the  outside 
diameter  of  each  piston  at  two  points  approximately 
90  degrees  apart.  Discard  any  piston  if  either 
reading  exceeds  the  maximum  or  minimum  limits 
of  28.55  to  28.52  mm  (1.124  to  1.123  inches).  Select 
parts  to  insure  that  the  clearance  between  each 
piston  and  matching  cylinder  is  within  0.08  to  0.13 
mm  (0.003  to  0.005  inch).  Use  unused  SBR  cups. 
To  remove  dirt  and  debris,  rinse  the  cups  in  90  per- 
cent ethyl  alcohol  for  not  more  than  30  seconds  and 
wipe  dry  with  a  clean  lint-free  cloth.  Discard  any 
cups  showing  defects  such  as  cuts,  molding  flaws, 
or  blisters.  Measure  the  lip  and  base  diameters  of 
all  cups  with  an  optical  comparator  or  micrometer 
to  the  nearest  0.02  mm  (0.001  inch)  along  the 
centerline  of  the  SAE  and  rubber-type  indentifica- 
tions  and  at  right  angles  to  this  centerline.  Deter- 
mine base  diameter  measurements  at  least  0.4  mm 
(0.015  inch)  above  the  bottom  edge  and  parallel  to 
the  base  of  the  cup.  Discard  any  cup  if  the  two 
measured  lip  or  base  diameters  differ  by  more  than 
0.08  mm  (0.003  inch).  Average  the  lip  and  base 
diameters  of  each  cup.  Determine  the  hardness  of 
all  cups  according  to  S7.4.  Dip  the  rubber  and 
metal  parts  of  wheel  cylinders,  except  housing  and 
rubber  boots,  in  the  fluid  to  be  tested  and  install 
them  in  accordance  with  the  manufacturer's  in- 
structions. Manually  stroke  the  cylinders  to  insure 
that  they  operate  easily.  Install  cylinders  in  the 
simulated  brake  system. 

(b)  Master  cylinder  assembly.  Use  an  unused 
master  cylinder  and  unused  standard  SBR  primary 
and  secondary  MC  cups  which  have  been  in- 
spected, measured  and  cleaned  in  the  manner 
specified  in  S6. 13.4(a),  omitting  hardness  of  the 
secondary  MC  cup.  However,  prior  to  determining 
the  lip  and  base  diameters  of  the  secondary  cup, 
dip  the  cup  in  test  brake  fluid,  assemble  on  the  MC 
piston,  and  maintain  the  assembly  in  a  vertical 
position  at  23±5°C  (73.4  ±9°F)  for  at  least  12 
hours.  Inspect  the  relief  and  supply  ports  of  the 
master  cylinder;  discard  the  cylinder  if  ports  have 
burrs  or  wire  edges.  Measure  the  internal  diameter 
of  the  cylinder  at  two  locations  (approximately 
midway  between  the  relief  and  supply  ports  and 
approximately  19  mm  (0.75  inch)  beyond  the  relief 
port  toward  the  bottom  or  discharge  end  of  the 


PART  571;  S  116-19 


bore),  taking  measurements  at  each  location  on  the 
vertical  and  horizontal  centerline  of  the  bore. 
Discard  the  cylinder  if  any  reading  exceeds  the 
maximum  or  minimum  limits  of  28.65  to  28.57  mm 
(1.128  to  1.125  inches).  Measure  the  outside 
diameter  of  each  end  of  the  master  cylinder  piston 
at  two  points  approximately  90  degrees  apart. 
Discard  the  piston  if  any  of  these  four  readings  ex- 
ceeds the  maximum  or  minimum  limits  of  28.55  to 
28.52  mm  (1.124  to  1.123  inches).  Dip  the  rubber 
and  metal  parts  of  the  master  cylinder,  except  the 
housing  and  push  rod-boot  assembly,  in  the  brake 
fluid  and  install  in  accordance  with  manufacturer's 
instructions.  Manually  stroke  the  master  cylinder 
to  insure  that  it  operates  easily.  Install  the  master 
cylinder  in  the  simulated  brake  system. 

1(c)  Assembly  and  adjv^tment  of  test  apparattis. 

When  using  a  shoe  and  drum  type  apparatus, 
adjust  the  brake  shoe  toe  clearances  to  1.0  ±0.1 
mm  (0.040  ±0.004  inch).  Fill  the  system  with  brake 
fluid,  bleeding  all  wheel  cylinders  and  the  pressure 
gage  to  remove  entrapped  air.  Operate  the  ac- 
tuator manually  to  apply  a  pressure  greater  than 
the  required  operating  pressure  and  inspect  the 
system  for  leaks.  Adjust  the  actuator  and/ or 
pressure  relief  valve  to  obtain  a  pressure  of  70  ± 
3.5  kg/sq  cm  (1,000  ±50  psi).  A  smooth  pressure- 
stroke  pattern  is  required  when  using  a  shoe  and 
drum  type  apparatus.  The  pressure  is  relatively 
low  during  the  first  part  of  the  stroke  and  then 
builds  up  smoothly  to  the  maximum  stroking 
pressure  at  the  end  of  the  stroke,  to  permit  the 
primary  cup  to  pass  the  compensating  hole  at  a 
relatively  low  pressure.  Using  stroking  fixtures, 
sdjust  the  actuator  and /or  pressure  relief  valve  to 
obtain  a  pressure  of  70 ±3.5  kg/sq  cm  (1,000  ±50 
psi). 

Adjust  the  stroking  rate  to  1,000  ±100  strokes 
per  hour.  Record  the  fluid  level  in  the  master 
cylinder  standpipe.  (51  F.R.  16699— May  6,  1986. 
Effective:  May  6,  1986)1 

S6.13.5  Procedure.  Operate  the  system  for 
16,000 ±1,000  cycles  at  23±5°C  (73.4 ±9°F). 
Repair  any  leakage,  readjust  the  brake  shoe 
clearances,  and  add  fluid  to  the  master  cylinder 
standpipe  to  bring  to  the  level  originally  recorded, 
if  necessary.  Start  the  test  again  and  raise  the 
temperature  of  the  cabinet  within  6±2  hours  to 
120±5°C  (248±9°F).  During  the  test  observe 
operation  of  wheel  cylinders  for  improper  function- 


ing and  record  the  amount  of  fluid  required  to 
replenish  any  loss,  at  intervals  of  24,000  strokes. 
Stop  the  test  at  the  end  of  85,000  total  recorded 
strokes.  These  totals  shall  include  the  number  of 
strokes  during  operation  at  23±5°C  (73.4  ±9°F) 
and  the  number  of  strokes  required  to  bring  the 
system  to  the  operating  temperature.  Allow  equip- 
ment to  cool  to  room  temperature.  Examine  the 
wheel  cylinders  for  leakage.  Stroke  the  assembly 
an  additional  100  strokes,  examine  wheel  cylinders 
for  leakage  and  record  volume  loss  of  fluid.  Within 
16  hours  after  stopping  the  test,  remove  the 
master  and  wheel  cylinders  from  the  system,  re- 
taining the  fluid  in  the  cylinders  by  immediately 
capping  or  plugging  the  ports.  Disassemble  the 
cylinders,  collecting  the  fluid  from  the  master 
cylinder  and  wheel  cylinders  in  a  glass  jar.  When 
collecting  the  stroked  fluid,  remove  all  residue 
which  has  deposited  on  rubber  and  metal  internal 
parts  by  rinsing  and  agitating  such  parts  in  the 
stroked  fluid  and  using  a  soft  brush  to  assure  that 
all  loose  adhering  sediment  is  collected.  Clean  SBR 
cups  in  ethanol  (isopropanol  when  testing  DOT  5 
fluids)  and  dry.  Inspect  the  cups  for  stickiness, 
scuffing,  blistering,  cracking,  chipping,  and 
change  in  shape  from  original  appearance. 
Within  1  hour  after  disassembly,  measure  the  lip 
and  base  diameters  of  each  cylinder  cup  by  the  pro- 
cedures specified  in  S6. 13.4(a)  and  (b)  with  the 
exception  that  lip  or  base  diameters  of  cups  may 
now  differ  by  more  than  0.08  mm  (0.003  inch). 
Determine  the  hardness  of  each  cup  according  to 
S7.4.  Note  any  sludge  or  gel  present  in  the  test 
fluid.  Within  1  hour  after  draining  the  cylinders, 
agitate  the  fluid  in  a  glass  jar  to  suspend  and 
uniformly  disperse  sediment  and  transfer  a  100  ml 
portion  of  this  fluid  to  a  centrifuge  tube  and  deter- 
mine percent  sediment  as  described  in  S7.5.  Allow 
the  tube  and  fluid  to  stand  for  24  hours,  recen- 
trifuge  and  record  any  additional  sediment 
recovered.  Inspect  cylinder  parts,  note  any  gum- 
ming or  any  pitting  on  pistons  and  cylinder  walls. 
Disregard  staining  or  discoloration.  Rub  any 
deposits  adhering  to  cylinder  walls  with  a  clean 
soft  cloth  wetted  with  ethanol  to  determine 
abrasiveness  and  removability.  Clean  cylinder 
parts  in  ethanol  and  dry.  Measure  and  record 
diameters  of  pistons  and  cylinders  according  to 
S6. 13.4(a)  and  (b).  Repeat  the  test  if  mechanical 
failure  occurs  that  may  affect  the  evaluation  of  the 
brake  fluid. 


(Rev.  5/6/86) 


PART  571;  S  116-20 


S6.13.6    Calculation. 

(a)  Calculate  the  changes  in  diameters  of 
cylinders  and  pistons  (see  S5.1.13  (b)). 

(b)  Calculate  the  average  decrease  in  hardness 
of  the  seven  cups  tested,  as  well  as  the  individual 
values  (see  S5. 1.13(c)). 

(c)  Calculate  the  increases  in  base  diameters  of 
the  eight  cups  (see  S5.1. 13(e)). 

(d)  Calculate  the  lip  diameter  interference  set 
for  each  of  the  eight  cups  by  the  following  formula 
and  average  the  eight  values  (see  S5. 1.13(f)). 

D1-D2  X  100  =  percentage  Lip  Diameter 
^i"^3  Interference  Set 

Where: 

Di  =  Original  lip  diameter 

D2  =  Final  lip  diameter 

D3  =  Original  cylinder  bore  diameter 

S6.14  Container  Information.  Each  container 
with  information  marked  directly  on  the  container 
surface  or  on  a  label  (labels)  affixed  to  the  con- 
tainer persuant  to  S5.2.2.2  or  S5.2.2.3  is  subjected 
to  the  following  procedure: 

(a)  If  the  container  has  a  label  affixed  to  it,  make 
a  single  vertical  cut  all  the  way  through  the  label 
with  the  container  in  the  vertical  position. 

(b)  Immerse  the  container  in  the  same  brake 
fluid  or  hydraulic  system  mineral  oil  contained 
therin  for  15  minutes  at  room  temperature  (23  ± 
5°C;  73.4  ±  9°F). 

(c)  Within  5  minutes  after  removing  the  con- 
tainer from  the  fluid  or  oil,  remove  excess  liquid 
from  the  surface  of  the  container  by  wiping  with  a 
clean  dry  cloth. 


S7.  Auxiliary  test  methods  and  reagent  standards. 

57.1  Distilled  water.  Non-referee  reagent  water 
as  specified  in  ASTM  Dl  193-70,  "Standard 
Specifications  for  Reagent  Water,"  or  water  of 
equal  purity. 

57.2  Water  content  of  motor  vefilcle  brake  fluids. 

Use  analytical  methods  based  on  ASTM  Dl  123-59, 
Standard  Method  of  Test  for  Water  in  Concentrated 
^  Engine  Antifreezes  by  the  Iodine  Reagent  Method, 
m  for  determining  the  water  content  of  brake  fluids, 
or  other  methods  of  analysis  yielding  comparable 
results.   To  be  acceptable  for  use,   such  other 


method  must  measure  the  weight  of  water  added 
to  samples  of  the  SAE  RM-66-03  and  TEGME 
Compatibility  Fluids  within  ±5  percent  of  the 
water  added  for  additions  up  to  0.8  percent  by 
weight,  and  within  ±  5  percent  of  the  water  added 
for  additions  greater  than  0.8  percent  by  weight. 
The  SAE  RM-66-03  Compatibility  Fluid  used  to 
prepare  the  samples  must  have  an  original  ERBP 
of  not  less  than  205°C  (401°F)  when  tested  in 
accordance  with  S6.1.  The  SAE  TEGME  fluid  used 
to  prepare  the  samples  must  have  an  original 
ERBP  of  not  less  than  240°C  (464°F)  when  tested 
in  accordance  with  S6.1. 

57.3  Ethanol.  95  percent  (190  proof)  ethyl 
alcohol,  USP  or  ACS,  or  Formula  3-A  Specially 
Denatured  Alcohol  of  the  same  concentration  (as 
specified  at  27  CFR  §21.35).  For  pre-test 
washings  of  equipment  use  approximately  90  per- 
cent ethyl  alcohol,  obtained  by  adding  5  parts  of 
distilled  water  to  95  parts  of  ethanol. 

57.4  Measuring  the  hardness  of  SBR  braise  cups. 

Hardness  measurements  of  SBR  wheel  cylinder 
cups  and  master  cylinder  primary  cups  shall  be 
made  by  using  the  following  apparatus  and  the 
following  procedure. 

57.4.1  Apparatus. 

(a)  Anvil.  A  rubber  anvil  having  a  flat  circular 
top  20  ±1  mm  (^lYie  inch)  in  diameter,  a 
thickness  of  at  least  9  mm  (Vg  inch)  and  a  hardness 
within  5  IRHD,s  of  the  SBR  test  cup. 

(b)  Hardness  tester.  A  hardness  tester  meeting 
the  requirements  for  the  standard  instrument  as 
described  in  ASTM  D1415-68,  Standard  Method  of 
Test  for  International  Hardness  of  Vulcanized 
Natural  and  Synthetic  Rubbers,  and  graduated 
directly  in  IRHD  units. 

57.4.2  Procedure.  Make  hardness  measure- 
ments at  23±2°C  (73.4±3.6°F).  Equilibrate  the 
tester  and  anvils  at  this  temperature  prior  to  use. 
Center  brake  cups  lip  side  down  on  an  anvil  of  ap- 
propriate hardness.  Following  the  manufacturer's 
operating  instructions  for  the  hardness  tester, 
make  one  measurement  at  each  of  four  points  one- 
fourth  inch  from  the  center  of  the  cup  and  spaced 
90  degrees  apart.  Average  the  four  values,  and 
round  off  to  the  nearest  IRHD. 


PART  571;  S  116-21 


S7.5  Sediment  by  centrifuging.  The  amount  of 
sediment  in  the  test  fluid  shall  be  determined  by 
the  following  procedure. 

S7.5.1     Apparatus. 

(a)  Centrifuge  tube.  Cone-shaped  centrifuge 
tubes  conforming  to  the  dimensions  given  in 
Figure  6,  and  made  of  thoroughly  annealed  glass. 
The  graduations  shall  be  numbered  as  shown  in 
Figure  6,  and  shall  be  clear  and  distinct.  Scale- 
error  tolerances  and  smallest  graduations  between 
various  calibrations  made  with  air-free  water  at 
20°C  (68°F). 


■36.00-37.75mm  0.0. 
I7±mm  I.D. 


FIG.  6 
ASTM   8-in  CENTRIFUGE  TUBE 


Table 

forf 


Range,  ml 


/—Calibration  Tolerances 
■inch  Centrifuge  Tube 


0  to  0.1 

Above  0.1  to  0.3 
Above  0.3  to  0.5 
Above  0.5  to  1.0 


Subdivision, 
ml 

0.05 
0.05 
0.05 
0.10 


Volume 
Tolerance, 
ml 
±0.02 
±0.03 
±0.05 
±0.05 


Above  1.0  to  2.0 

0.10 

±0.10 

Above  2.0  to  3.0 

0.20 

+  0.10 

Above  3.0  to  5.0 

0.5 

±0.20 

Above  5.0  to  10.0 

1.0 

±0.50 

Above  10.  to  25. 

5.0 

+  1.00 

Above  25.  to  100. 

25. 

±1.00 

(b)  Centrifuge.  A  centrifuge  capable  of  whirling 
two  or  more  filled  centrifuge  tubes  at  a  speed 
which  can  be  controlled  to  give  a  relative  cen- 
trifugal force  (rcf)  between  600  and  700  at  the  tip 
of  the  tubes.  The  revolving  head,  trunnion  rings, 
and  trunnion  cups,  including  the  rubber  cushion, 
shall  withstand  the  maximum  centrifugal  force 
capable  of  being  delivered  by  the  power  source. 
The  trunnion  cups  and  cushions  shall  firmly  sup- 
port the  tubes  when  the  centrifuge  is  in  motion. 
Calculate  the  speed  of  the  rotating  head  using  this 
equation: 


rpm  =  265     yj~^ 


where:  rcf  =  relative  centrifugal  force,  and 
d    =    diameter  of  swing,   in   inches, 
measured  between   tips   of  opposite 
tubes  when  in  rotating  position. 
Table  VI  shows  the  relationship  between  diameter, 
swing,  relative  centrifugal  force  (rcf),  and  revolu- 
tions per  minute. 

S7.5.2  Procedure.  Balance  the  corked  centri- 
fuge tubes  with  their  respective  trunnion  caps  in 
pairs  by  eight  on  a  scale,  according  to  the  cen- 
trifuge manufacturer's  instructions,  and  place 
them  on  opposite  sides  of  the  centrifuge  head.  Use 
a  dummy  assembly  when  one  sample  is  tested. 
Then  whirl  them  for  10  minutes,  at  a  rate  sufficient 
to  produce  a  rcf  between  600  and  700  at  the  tips  of 
the  whirling  tubes.  Repeat  until  the  volume  of  sedi- 
ment in  each  tube  remains  constant  for  three 
consecutive 


TABLE  VI 

Rotation  Speeds  for  Centrifuges 

of  Various  Diameters 


Diameter  of  swing, 
inches  » 


Rpm  at  600  rcf 


Rpm  at  700  rcf 


1490 
1450 
1420 
1390 


1610 
1570 
1530 
1500 


5  Measured  in  inches  between  tips  of  opposite  tubes  when  in 
rotating  position. 


PART  571;  S  116-22 


S7.5.3  Calculation.  Read  the  volume  of  the  solid 
sediment  at  the  bottom  of  the  centrifuge  tube  and 
report  the  percent  sediment  by  volume.  Where 
replicate  determinations  are  specified,  report  the 
average  value. 


NOTE:  The  ingredients  labeled  CNBS )  must  have  pro- 
perties identical  with  those  supplied  by  the  National 
Bureau  of  Standards 
*  Philprene  1503  has  been  found  suitable, 
b  Use    only    within    90   days   of   manufacture   and 
store  at  temperature  below  27°C  (80°F). 


S7.6  Standard  styrene-butadiene  rubber  (SBR) 
brake  cups.  SBR  brake  cups  for  testing  motor 
vehicle  brake  fluids  shall  be  manufactured  using 
the  following  formulation: 

Formulation  of  Rubber  Compound 


Ingredient 

Parts  by 

Weight 

SBR  type  ISOS* 

100 

Oil  furnace  black  (NBS  378) 

40 

Zinc  oxide  (NBS  370) 

5 

Sulfur  (NBS  371) 

0.25 

Stearic  Acid  (NBS  372) 

1 

n-tertiary  butyl-2-benzothiazole 

sulfanamide  (NBS  384) 

1 

Symmetrical-dibetanaphthyl  -  p  - 

phenylenediamine 

1.5 

Dicumyl  peroxide  (40  percent  on 

precipitated  CaCOst 

4.5 

TOTAL 


153.25 


Compounding,  vulcanization,  physical  properties, 
size  of  the  finished  cups,  and  other  details  shall  be 
as  specified  in  Appendix  B  of  SAE  J1703b.  The 
cups  shall  be  used  in  testing  brake  fluids  either 
within  6  months  from  date  of  manufacture  when 
stored  at  room  temperature  below  30°  (86  °F)  or 
within  36  months  from  date  of  manufacture  when 
stored  at  temperatures  below  minus  15°C 
( +  5  °F).  After  removal  of  cups  from  refrigeration 
they  shall  be  conditioned  base  down  on  a  flat 
surface  for  at  least  12  hours  at  room  temperature 
in  order  to  allow  cups  to  reach  their  true  configura- 
tion before  measurement. 

S7.7     Isopropanol.     ACS  or  reagent  grade. 


36  F.R.  11987 
June  24,  1971 


PART  571;  S  116-23 


PREAMBLE  TO  AN  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  118 

Power-operated  Windows 

(Docket  No.  87-10) 
RIN  2127-AC25 


ACTION:  Final  rule. 

SUMMARY:  This  notice  amends  Standard  No.  118, 
Power-operated  Window  Systems  in  several  respects. 
It  extends  the  Standard  to  encompass  power-operated 
roof  panels.  It  also  establishes  requirements  for  power 
window  control  systems  located  on  the  vehicle  exterior 
and  for  remote  control  devices. 

DATES:  The  changes  made  in  this  rule  are  effective 
September  1,  1992. 

SUPPLEMENTARY  INFORMATION:  This  final  rule 
makes  several  changes  to  Standard  No.  118,  Power- 
operated  Window  Systems  (49  CFR  571.118).  The  pur- 
pose of  the  Standard  is  to  minimize  the  risk  of  personal 
injury  that  may  result  if  someone  is  caught  between 
a  closing  power-operated  window  and  the  window 
frame.  The  agency's  experience  is  that  children  are  the 
group  of  people  most  likely  at  risk  from  inadvertent 
or  unsupervised  operation  of  power  windows. 

On  October  16,  1987,  NHTSA  published  a  notice  of 
proposed  rulemaking  (NPRM)  proposing  several 
changes  to  Standard  No.  118  (52  FR  38488).  These  pro- 
posed amendments  included  extending  the  Standard 
to  light  trucks,  eliminating  the  limitations  on  the  cir- 
cumstances in  which  power  windows  may  be  opened, 
and  eliminating  the  requirement  that  power  windows 
operable  outside  of  a  vehicle  be  operable  only  with  a 
key-locking  system  located  on  the  vehicle. 

On  June  24, 1988,  NHTSA  issued  a  final  rule  amend- 
ing certain  provisions  of  the  Standard  (53  FR  23766). 
In  particular,  it  extended  the  Standard's  applicability 
to  light  trucks  and  restricted  the  applicability  of  the 
Standard  to  the  closing  of  power  windows;  in  other 
words,  the  Standard  no  longer  regulated  the  opening 
of  power  windows.  That  final  rule  also  noted  that 
several  remaining  issues  raised  in  the  NPRM  would  be 
addressed  in  a  subsequent  rulemaking. 

On  April  6,  1990,  the  agency  published  a  second 
NPRM  to  address  these  issues.  Specifically,  the  agency 
proposed  to  (1)  amend  the  Standard  to  apply  to  power- 
operated  roof  panels,  (2)  revise  the  requirements  relat- 
ing to  key-locking  systems  in  S3(c)  of  the  Standard  to 


include  minimum  force  levels  for  operating  those  sys- 
tems, (3)  include  provisions  that  would  permit  the  use 
of  external  locking  systems  that  do  not  rely  on  the  use 
of  conventional  keys  (hereinafter  referred  to  as  "non- 
key  locking  systems"),  and  (4)  add  new  requirements 
to  permit  remote  control  systems  for  power-operated 
windows  and  roof  panels. 

As  discussed  below,  this  final  rule  extends  the  Stand- 
ard to  cover  power-operated  roof  panels,  and  includes 
provisions  which  allow  the  use  of  non-key  locking  and 
remote  control  systems.  In  the  development  of  this 
rule,  NHTSA  has  sought  to  maximize  the  safety  bene- 
fits of  the  new  requirements  while  seeking  to  avoid  re- 
quirements that  would  unnecessarily  affect  the  design 
choices  of  manufacturers. 

NHTSA  received  nine  comments  on  the  proposed 
rule,  all  of  which  were  from  vehicle  manufacturers.  The 
commenters  included  Ford,  BMW  of  North  America 
(BMW),  Chrysler  Fiat,  Mercedes  Benz  of  North 
America  (Mercedes),  General  Motors  (GM),  Volkswa- 
gen of  North  America  (VW),  Toyota,  and  Jaguar.  The 
agency  has  considered  the  points  raised  in  the  com- 
ments in  developing  the  final  rule.  The  agency's  dis- 
cussion of  the  significant  comments  and  other  relevant 
information  is  set  forth  below.  For  the  convenience  of 
the  reader,  this  notice  follows  the  NPRM's  order. 

A.  Roof  Panels 

The  purpose  and  scope  section  (Si)  and  operating  re- 
quirements (S3)  of  Standard  No.  118  currently  apply 
to  power-operated  window  and  partition  systems. 
Although  the  1987  NPRM  proposed  to  extend  the  re- 
quirements to  include  power-operated  roof  panels,  and 
most  comments  received  by  the  agency  at  that  time 
supported  the  proposal,  NHTSA  decided  in  the  1988 
final  rule  to  defer  a  decision  on  this  proposal  until  the 
agency  addressed  the  issue  of  non-key  locking  systems. 
The  agency  explained  at  that  time  that  non-key  sys- 
tems had  already  been  developed  for  power  roof  sys- 
tems, but  that  power-operated  roof  panels  were  not 
subject  to  the  Standard.  Thus,  the  locking  systems  of 
some  roof  panels  might  have  had  to  be  redesigned  if 
the  1988  final  rule  had  extended  Standard  No.  118  to 
power  roof  panels  without  resolving  the  issue  of  non- 
key  locking  systems. 


PART  571;  S  118-PRE  15 


The  1990  NPRM  noted  that  since  it  contained  pro- 
posed requirements  for  non-key  systems,  it  would  be 
beneficial  to  reconsider  extending  the  Standard  to 
power-operated  roof  panels.  That  notice  explained  that 
since  roof  panels  pose  the  same  potential  dangers  as 
power-operated  windows  and  partition  systems,  it 
would  be  appropriate  to  include  power  roof  panels  in 
sections  SI  and  S3  to  ensure  that  these  devices  were 
treated  the  same  as  power-operated  windows  and  were 
required  to  provide  equivalent  levels  of  safety. 

All  manufacturers  commenting  on  this  issue  sup- 
ported the  proposal  to  include  power-operated  roof 
panels  in  Standard  No.  118.  Mercedes  requested  that 
only  sliding  roof  panels  be  subject  to  the  Standard,  and 
that  pop-up  type  roof  panels  not  be  included.  The  com- 
menter  stated  that  the  maximum  height  of  the  open- 
ing on  a  pop-up  roof  panel  is  four  inches,  and  that  this 
is  not  a  large  enough  opening  for  a  child's  head  to  pass 
through,  VW  recommended  that  a  definition  of  roof 
panel  should  be  included  in  the  final  nile  in  order  to 
clarify  that  power-operated  convertible  tops  are  not 
covered  by  the  standard. 

NHTSA  does  not  agree  that  pop-up  roof  panels 
should  be  excluded  from  the  requirements  of  the  Stand- 
ard. The  opening  created  by  such  a  panel,  while  not 
large  enough  to  endanger  a  child's  head,  is  certainly 
large  enough  to  put  fingers  and  hands  at  risk.  Thus, 
the  final  rule  does  not  provide  an  exclusion  for  pop-up 
roof  panels  that  are  power-operated. 

The  agency  agrees  with  VW's  comment,  and  the  final 
rule  includes  a  definition  of  "power-operated  roof 
panel"  that  specifically  excludes  convertible  top 
systems. 

B.    Force  Requirements  for  Key-Activated 
Systems 

Standard  No.  118  currently  contains  no  force  require- 
ment for  operating  key-activated  systems  located  on 
the  exterior  of  a  vehicle.  The  April  1990  NPRM  pro- 
posed that  a  minimum  continuous  level  of  torque  be 
required  for  the  operation  of  such  systems.  The  intent 
of  this  proposal  was  to  set  a  torque  level  high  enough 
to  prevent  young  children  from  operating  it.  The 
proposal  would  have  required  that  a  minimum  of  4.5 
in-oz  of  torque  be  applied  to  the  key  in  order  to  oper- 
ate the  system. 

Overall,  the  comments  received  did  not  support  the 
establishment  of  minimum  force  requirements  for  key- 
activated  systems.  Generally,  GM,  Chrysler  and  VW 
were  concerned  that  a  force  requirement  could  impede 
the  ability  of  some  adults,  especially  the  elderly,  per- 
sons suffering  from  arthritis,  and  the  handicapped, 
from  operating  the  system. 

Chrysler  questioned  the  information  on  which  the 
proposed  level  was  based,  stating  that  there  were  no 
data  on  the  proper  torque  level  sufficient  to  prevent 
actuation  of  the  mechanism  by  a  small  child,  but  which 


would  not  impede  use  by  the  elderly  or  infirm.  That 
commenter  indicated  that  the  proposed  level  might  be 
too  low  to  serve  as  a  deterrent  to  young  children.  VW 
likewise  expressed  concern  about  the  lack  of  data  avail-  g 
able  to  support  the  requirement,  and  also  suggested  f 
that  there  is  no  demonstrated  safety  need  for  the 
requirement. 

Ford  supported  the  introduction  of  a  force  level  for 
key-activated  systems,  but  offered  no  data  on  the  pro- 
posed force  requirement.  Mercedes  did  not  object  to 
the  force  requirement,  but  indicated  that  the  regula- 
tion should  be  worded  to  clarify  that  the  torque  is  to 
be  applied  continuously. 

Based  upon  its  analysis  of  the  comments  received, 
NHTSA  believes  it  is  inappropriate  to  establish  mini- 
mum force  requirements  for  key-activated  systems. 
There  appear  to  be  no  available  data  that  would  address 
the  specific  question  of  the  appropriate  torque  level 
that  would  preclude  use  by  small  children,  but  allow 
ease  of  operation  for  others.  Since  it  is  not  clear  that 
such  a  torque  level  exists,  this  final  rule  does  not  specify 
a  force  value  for  key-activated  systems. 

In  lieu  of  a  force  value,  this  final  rule  requires  that 
a  key-activated  system  operate  only  while  a  force  is  ap- 
plied, if  the  force  is  removed,  window  movement  must 
stop  immediately.  The  agency  believes  that  this  re- 
quirement will  meet  the  need  for  safety  without  un- 
duly burdening  those  vehicle  operators  who  could 
experience  difficulty  operating  a  key-activated  system  a 
subject  to  a  minimum  torque  requirement.  f 

C.     Requirements  for  Non-l(ey  Locldng  Systems 

Section  S3(c)  currently  allows  power-operated  win- 
dows to  be  closed  "upon  activation  of  a  key-locking  sys- 
tem on  the  exterior  of  the  vehicle."  In  comments  to 
the  1987  NPRM,  manufacturers  stated  that  they  were 
concerned  that  S3(c)  needlessly  prohibited  innovative 
exterior  systems  for  operating  power-operated  window 
and  roof  panel  systems.  These  manufacturers  inter- 
preted the  word  "key"  to  mean  that  a  conventional  key- 
based  system  is  the  only  allowable  way  to  comply  vdth 
S3(c),  and  that  the  phrase  "on  the  exterior  of  the  vehi- 
cle" means  the  device  must  be  physically  attached  to 
the  vehicle.  Because  the  agency  agrees  with  these 
manufacturers  that  this  interpretation  of  the  existing 
Standard  is  correct,  it  proposed  in  the  April  1990 
NPRM  to  expand  the  permissible  external  systems  for 
closing  power-operated  windows  to  include  non-key 
locking  systems  located  on  the  vehicle  exterior  and  re- 
mote control  systems. 

As  explained  below,  this  final  rule  adopts  an  amend- 
ment permitting  these  additional  types  of  systems  for 
externally  operating  power-operated  wdndows. 

1.  External  Non-key  Locking  Systems 
As  noted  in  the  April  1990  NPRM,  NHTSA  has  con- 
sidered different  types  of  external  non-key  locking 


PART  571;  S  118-PRE  16 


systems.  The  agency  is  aware  that  manufacturers  are 
developing  several  types  of  non-key  locking  devices,  in- 
cluding touch  pads  on  the  vehicle,  infrared  actuators, 
and  credit  card  systems.  The  agency  realizes  that  this 
■  list  is  not  exhaustive,  and  intends  to  permit  any  type 
^  of  non-key  locking  system  that  complies  with  this  final 
rule. 

The  NPRM  proposed  a  minimum  activation  level  for 
non-key  locking  systems  of  at  least  9  pounds  as  a  safety 
mechanism  to  prevent  young  children  from  activating 
the  system.  Under  the  proposal,  this  force  would  have 
to  be  applied  continuously.  These  criteria  sought  to  pro- 
hibit the  use  of  a  single-touch  control  and  to  make  it 
necessary  for  persons  seeking  to  close  the  windows 
and/or  roof  to  do  so  through  a  sustained  effort. 

The  NPRM  also  requested  comment  on  an  alterna- 
tive approach  for  non-key  locking  systems,  under  which 
the  system  would  be  equipped  with  an  automatic  rever- 
sal feature  such  that  if  a  window  or  roof  panel  encoun- 
tered resistance  when  closing,  it  would  automatically 
reverse  direction.  This  feature  was  proposed  for  remote 
control  systems  in  the  NPRM,  as  explained  below. 

A  number  of  comments  were  received  on  the 
proposal  for  non-key  locking  systems.  GM  recom- 
mended that  there  be  no  restrictions  on  external  non- 
key  systems,  since  requirements  such  as  those  pro- 
posed could  impede  adult  users  as  well  as  children.  GM 
stated  that  an  alpha-numeric  keypad  system  is  the  only 
alternative  that  would  be  operable  by  adult  users,  but 
H  not  by  young  children.  GM  had  concerns  about  the  pro- 
"      posed  force  requirement  for  non-key  systems  for  the 


same  reasons  it  expressed  in  its  comments  on  the  force 
requirement  for  key  systems. 

Ford  suggested  that  a  requirement  for  an  automatic 
reversal  mechanism  would  be  better  than  a  minimum 
force  requirement.  Ford,  like  GM,  had  concerns  about 
the  proposed  force  level,  and  noted  that  it  was  substan- 
tially greater  than  the  force  level  for  keyless  entry  sys- 
tems now  used  by  Ford.  The  commenter  also  indicated 
that  force  levels  are  not  needed  for  alpha-numeric  sys- 
tems, since  the  required  code  makes  it  sufficiently 
difficult  for  children  to  operate  the  system. 

BMW  suggested  that  the  words  "key"  and  "non- 
key"  be  removed  from  the  proposed  regulatory  text, 
since  the  manufacturer  believes  use  of  these  terms 
could  restrict  future  technologies.  BMW  also  requested 
that  the  proposal  be  revised  to  allow  systems  with  child- 
proof coding,  such  as  electronic  alpha-numeric  touch 
pad  systems,  without  specifying  minimum  force  re- 
quirements, since  these  devices  are  more  child-proof 
than  the  window  reversal  feature  discussed  below. 

Chrysler  supported  allowing  non-key  systems,  but  in- 
dicated that  it  had  no  near  term  plans  to  adopt  such 
a  system.  The  manufacturer  stated  that  a  nine  pound 
force  requirement  is  inappropriate  for  on-vehicle  touch 
pads. 

Based  upon  its  consideration  of  the  comments 
received,  NHTSA  believes  there  are  insufficient  data 


to  support  the  establishment  of  the  proposed  force  re- 
quirement, given  the  difficulties  that  elderly  adults  or 
those  with  arthritic  or  other  handicaps  may  encounter. 
In  order  to  ensure  design  flexibility  consistent  with  the 
need  for  safety,  the  final  rule  requires  instead  that  any 
automatic  closing  system  located  on  the  exterior  of  a 
vehicle  comply  with  one  of  two  alternative  provisions. 
The  first  specifies  that,  in  order  to  make  the  window 
move,  the  operating  control  must  be  continuously  ac- 
tivated by  the  user  (such  as  pressure  on  a  key  or  but- 
ton) so  that  the  instant  pressure  is  removed  from  the 
control,  window  movement  stops.  Alternatively,  the 
vehicle  can  be  equipped  with  an  automatic  reversal 
mechanism  that  will  reverse  the  window  direction  upon 
its  meeting  an  obstruction.  (For  further  details  con- 
cerning the  automatic  reversal  feature,  see  the  discus- 
sion below  about  remote  control  devices.)  If  the  system 
incorporates  the  automatic  reversal  feature,  it  is  ac- 
ceptable that  the  system  closes  upon  a  single  force 
application  instead  of  continuous  operation. 

The  final  rule  imposes  these  requirements  on  all  sys- 
tems that  are  attached  to  the  exterior  of  the  vehicle, 
without  regard  to  whether  they  are  key-operated,  or 
operated  by  other  means.  While  a  distinction  between 
key  and  non-key  systems  is  useful  for  discussion  pur- 
poses, the  agency  has  determined  that  both  closing  sys- 
tems should  be  subject  to  the  same  regulatory 
requirements,  i.e.,  either  continuous  activation  or 
automatic  reversal,  because  the  risk  of  having  a  per- 
son caught  between  a  closing  power-operated  window 
and  the  window  frame  is  the  same  for  key  and  non-key 
systems. 

2.  Remote  control  svstems 

As  discussed  in  the  NPRM,  section  S3(c)  of  the  ex- 
isting standard  requires  that  an  external  closing  device 
be  attached  to  the  vehicle  exterior.  However,  NHTSA 
is  aware  of  systems  under  development  that  would  ena- 
ble the  power  windows  or  roof  panel  of  a  vehicle  to  be 
closed  by  a  remote  control  device  sending  a  signal  to 
the  vehicle,  in  a  manner  similar  to  the  operation  of  a 
remote  control  television.  Remote  systems  are  distin- 
guished from  the  external  systems  discussed  above  by 
the  fact  that,  unlike  an  external  system,  a  remote  sys- 
tem has  a  control  unit  that  is  not  attached  to  the  ex- 
terior of  the  vehicle.  The  April  1990  NPRM  requested 
comments  on  the  technical  or  safety  problems  that 
could  be  encountered  with  remote  systems,  and  pro- 
posed requirements  for  these  systems. 

The  proposal  would  have  allowed  remote  window 
closing  systems  only  if  the  manufacturer  provided  a 
feature  that  would  stop  the  power  window  from  clos- 
ing and  then  reverse  its  direction  whenever  the  win- 
dow encountered  resistance  of  a  specified  magnitude. 
The  proposal  would  have  required  activation  of  this 
reversal  feature  if  the  closing  window  encountered  a 
resistive  force  of  22  pounds  or  more.  This  force  level 
was  based  on  guidelines  in  Germany's  Road  Traffic  Act 


PART  571;  S  118-PRE  17 


(No.  60  paragraph  30,  section  3  StVZO,  1984)  which 
established  a  level  of  not  more  than  100  Newtons  ("N," 
1  Newton  =  0.2248  pounds)  for  window  reversal.  The 
proposal  also  specified  a  zone  of  potential  harm  within 
the  window  opening  area  in  which  the  window  would 
have  to  reverse  automatically  upon  contact  with  an  ob- 
ject. The  purpose  of  the  zone  was  to  protect  children 
from  having  a  power  window  close  on  their  head  or 
arms.  This  zone  was  proposed  to  begin  at  200  mm  (ap- 
proximately 8  inches)  from  the  top  of  the  window  open- 
ing; however,  the  proposal  would  not  have  required 
operation  of  the  reversal  feature  once  the  window  was 
4  mm  (approximately  .16  inch)  from  being  completely 
closed.  The  proposal  explained  that  the  zone  need  not 
extend  completely  to  closure  because  there  is  a  point 
after  which  injury  from  window  closure  is  no  longer 
possible,  but  at  which  unnecessary  automatic  reversal 
could  result  from  the  window's  misalignment  or  ob- 
struction by  ice. 

The  comments  received  on  this  portion  of  the 
proposal  focused  on  three  issues:  the  proposed  require- 
ments for  the  automatic  reversal  function,  concerns 
about  the  effect  the  proposal  would  have  on  the  proper 
closure  and  sealing  of  windows,  and  limitations  on  the 
range  of  the  remote  control  unit. 

All  of  the  manufacturers  commenting  on  the  ques- 
tion of  remote  devices  supported  allowing  their  use. 
BMW  and  Mercedes  argued  that  the  existing  Standard 
already  allows  remote  devices.  BMW  indicated  that  it 
and  other  manufacturers  had  already  incorporated  this 
feature  on  cars  for  the  U.S.  market.  The  manufacturer 
disagreed  with  NHTSA's  interpretation  that  "key- 
locking"  as  used  in  the  Standard  is  limited  to  mechan- 
ical keys.  BMW  stated  that  with  the  rapid  advance- 
ments being  made  in  electronic  technology,  such  a 
narrow  interpretation  is  inappropriate,  as  an  infrared 
remote  control  is  as  safe,  secure,  and  vehicle  specific 
as  a  mechanical  key.  This  commenter  also  stated  that 
the  device  is  being  used  on  the  exterior  of  the  vehicle, 
and  that  it  should  therefore  be  considered  consistent 
with  existing  requirements.  BMW  claimed  that  in  the 
NPRM.  NHTSA  for  the  first  time  uses  the  phrase 
"attached  to  the  exterior  of  the  vehicle"  (emphasis 
added)  in  interpreting  the  term  "on  the  exterior  of  the 
vehicle." 

Mercedes  likewise  stated  that  existing  S3(c)  does  not 
prohibit  remote  devices.  Mercedes  argued  that  since 
the  Standard  refers  to  a  key-locking  system,  rather 
than  merely  a  key,  and  considering  the  broad  list  of 
definitions  for  "on"  in  the  dictionary,  one  must  con- 
clude that  the  Standard  does  not  specifically  prohibit 
remote  devices  that  are  part  of  the  "key-locking  sys- 
tem" and  do  not  function  far  away  from,  or  inside  the 
vehicle. 

NHTSA  disagrees  with  these  commenters.  The 
Standard  is  very  specific.  It  states  "on  the  exterior  of 
the  vehicle",  meaning  the  vehicle's  "outside  surface." 
It  does  not  state  "exterior  to  the  vehicle"  or  words  to 


that  effect.  The  agency  reconfirms  its  position  that  the 
existing  Standard  prohibits  the  use  of  external  systems 
not  physically  attached  to  the  vehicle.  This  is  why  the 
agency  believes  it  is  important  for  this  final  rule  to 
amend  the  Standard  to  allow  the  use  of  remote  con- 
trol systems. 

Chrysler,  Ford  and  GM  believed  that  the  automatic 
reversal  feature  is  needed  for  remote  control  devices, 
although  all  three  expressed  concern  about  the  ade- 
quacy of  the  data  supporting  the  22  pound  force  re- 
quirement. Toyota  also  expressed  concern  about  the 
lack  of  data  supporting  this  number.  On  the  other  hand, 
Jaguar  and  BMW  provided  suggested  regulatory  lan- 
guage which  adopted  the  22  pound  force,  and  Mercedes 
did  not  object  to  the  requirement  in  its  suggested  lan- 
guage. Based  on  the  German  guideline  on  window 
reversal,  the  agency  has  concluded  that  the  22  pound 
value  is  a  reasonable  resistive  force,  and  it  has  been 
retained  in  the  final  rule. 

Toyota,  VW,  and  BMW  expressed  concern  about  the 
effect  of  the  automatic  reversal  requirement  on  design 
flexibility,  BMW  thought  the  requirement  was  reason- 
able, but  that,  in  order  to  provide  maximum  flexibil- 
ity, it  should  be  permitted  as  an  alternative  to  other 
means  of  safeguarding  window  activation. 

Toyota  suggested  that  requiring  the  reversal  feature 
to  be  activated  only  upon  the  application  of  force  or 
resistance  to  the  window  is  not  the  only  alternative. 
That  manufacturer  suggested  that  a  system  using  op- 
tical sensors  to  detect  an  obstruction  need  not  be  sen- 
sitive to  resistive  force.  Toyota  also  recommended  that 
if  resistive  force  sensors  are  used,  manufacturers 
should  be  allowed  to  place  them  in  the  top  track  of  the 
window,  rather  than  on  the  moveable  portion  of  the 
window,  as  this  would  allow  the  use  of  trigger  mechan- 
isms in  the  track  similar  to  those  used  in  elevator  doors. 

VW  also  recommended  that  the  automatic  reversal 
feature  be  an  alternative  available  to  manufacturers 
who  wish  to  produce  a  system  that  can  be  closed  in  a 
manner  other  than  those  specified  in  S4. 

The  agency  agrees  with  the  concerns  expressed  by 
BMW,  VW  and  Toyota  regarding  design  flexibihty  and 
the  use  of  alternative  approaches.  In  accordance  with 
the  agency's  intention  to  ensure  maximum  design  flex- 
ibility in  complying  with  the  new  rule,  it  does  not  pro- 
hibit the  use  of  devices  such  as  optical  sensors. 

Three  manufacturers,  Toyota,  GM  and  Mercedes 
provided  comments  on  the  zone  of  potential  harm  in 
which  the  window  would  have  to  reverse  upon  encoun- 
tering an  obstruction. 

Toyota  suggested  a  compliance  procedure  which 
would  require  that  when  a  cylinder  4  mm  to  200  mm 
in  diameter  obstructs  the  opening,  the  window  or  roof 
panel  must  reverse  before  a  resistive  force  of  22  pounds 
is  exceeded. 

The  agency  agrees  with  Toyota's  suggestion,  given 
problems  with  incomplete  closure  resulting  from 


PART  571;  S  118-PRE  18 


obstruction  of  the  window  seal.  The  agency  further  be- 
lieves the  procedure  suggested  by  Toyota  is  a  practica- 
ble and  effective  means  of  determining  whether  the 
^  vehicle  complies  with  the  final  rule's  requirement  for 
H  remote  control  systems  equipped  with  the  automatic 
^   reversal  feature.  The  final  rule  includes  this  compliance 
procedure. 

GM  and  Mercedes  expressed  concern  that  the  pro- 
posed requirements  may  make  it  difficult  to  ensure  that 
windows  seal  properly.  GM  suggested  that  the  4  mm 
"top"  of  the  zone  be  measured  perpendicularly  between 
the  top  edge  of  the  window  glass  and  the  window  day- 
light opening.  Mercedes  recommended  changing  the 
words  "total  closure  in  proposed  S3(e)  to  "aperture" 
in  order  to  exclude  that  portion  of  a  window  or  panel 
that  fits  into  a  sealing  channel  from  the  4  mm 
measurement. 

NHTSA  agrees  that  these  concerns  are  valid  and  be- 
lieves that  both  of  the  suggested  approaches  will  ade- 
quately address  this  concern.  The  agency  nevertheless 
has  determined  that  GM's  recommended  wording  is 
superior  because  it  is  self-explanatory  while  Mercedes 
approach  would  require  additional  explanation  to  de- 
fine "aperture."  Therefore,  the  final  rule  adopts  GM's 
suggestion  that  the  window  opening  zone  be  measured 
between  the  top  edge  of  the  glass  and  the  daylight 
opening. 

Concerning  the  range  of  operation  for  remote  con- 
trol  systems.  BMW  stated  that  no  additional  restric- 
m  tions  for  remote  systems  are  needed,  BMW  took  this 
^  view  because  the  infrared  control  only  functions  within 
15  feet  of  the  vehicle,  and  only  when  in  a  line  of  sight 
with  the  vehicle,  so  the  operator  can  clearly  see 
whether  there  are  children  near  the  windows  or 
sunroof. 

Mercedes  also  stated  that  infrared  remote  controls 
should  not  be  subject  to  the  automatic  reversal  require- 
ment because  the  devices  only  operate  at  close  prox- 
imity, within  line-of-sight  of  the  vehicle.  Based  on  this 
concern,  Mercedes  provided  revised  regulatory  lan- 
guage that  would  exclude  remote  devices  that  required 
a  line  of  sight  to  the  vehicle  from  less  than  25  feet  from 
the  requirement  to  have  the  automatic  reversal  feature. 
Jaguar  provided  suggested  regulatory  text  that  ap- 
peared to  be  intended  to  allow  remote  control  devices 
to  operate  without  being  subject  to  the  automatic  rever- 
sal feature  as  long  as  the  range  of  the  control  device 
is  less  than  10  meters  (approximately  33  feet). 

VW  commented  that  the  automatic  reversal  feature 
should  be  required  only  for  remote  systems  capable  of 
operation  beyond  the  distance  from  which  the  the  in- 
terior of  the  car  is  visible,  suggesting  20  feet  as  an 
appropriate  distance. 

P  NHTSA  agrees  with  those  recommendations  that 
vehicles  using  a  line-of-sight  remote  control  not  be 
required  to  have  the  automatic  reversal  feature. 
However,  as  discussed  above,  the  operating  control  for 


such  systems  must  be  continuously  activated  by  the 
user.  "The  agency  believes  that  a  line-of-sight  system 
with  limited  range  will  provide  adequate  safeguards 
against  injury,  because  under  the  final  rule,  the  per- 
son operating  the  remote  control  must  be  in  close 
enough  proximity  to  the  vehicle  that  he  or  she  would 
be  able  to  see  whether  there  are  children  in  the  vicinity 
of  a  closing  window  or  roof  panel.  NHTSA  has  deter- 
mined that  a  maximum  remote  control  range  of  20  feet 
from  the  vehicle  provides  adequate  convenience  while 
still  ensuring  that  the  operator  of  the  remote  control 
remains  close  to  the  vehicle  while  using  this  feature. 
As  discussed  above,  since  this  final  rule  does  not  draw 
a  distinction  between  non-key  and  remote  systems  for 
purposes  of  control  operation,  the  agency  has  deleted 
the  proposed  minimum  force  requirement  that  was  con- 
tained in  the  NPRM  for  remote  control  systems. 

D.  Leadtime 

The  NPRM  inadvertently  omitted  a  proposed  effec- 
tive date  and  discussion  of  leadtime  considerations. 
Mercedes  and  BMW  requested  an  effective  date  of  at 
least  one  year  from  publication  of  this  final  rule  for  any 
new  requirements.  VW  requested  that  to  the  extent 
its  suggested  provisions  were  not  adopted,  sufficient 
leadtime  should  be  provided.  Jaguar  commented  that 
if  its  suggested  text  was  not  adopted,  the  effective  date 
for  this  rule  should  be  delayed  until  MY  1995  to  allow 
sufficient  time  for  system  modification  and 
development. 

NHTSA  believes  the  changes  in  Standard  No.  118 
made  by  this  rule  provide  manufacturers  with  increased 
flexibility.  Based  upon  the  comments  received  however, 
it  appears  that  the  amendments  may  affect  the  on- 
going efforts  of  some  manufacturers  to  develop  designs 
for  these  systems.  The  agency  believes  that  one  full 
model  year  of  leadtime  is  adequate  for  manufacturers 
to  comply  with  this  rule.  Accordingly,  as  stated  above, 
the  effective  date  is  September  1,  1992. 

In  consideration  of  the  foregoing,  49  CFR  S571.118 
is  amended  to  read  as  follows: 

S571.118  is  revised  to  read  as  follows: 

S571.118  Standard  No.  118;  Power-operated  window 
systems. 

51.  Purpose  and  scope.  This  standard  specifies  re- 
quirements for  power  operated  window,  partition,  and 
roof  panel  systems  to  minimize  the  likelihood  of  death 
or  injury  from  their  accidental  operation. 

52.  Application.  This  standard  applies  to  passenger 
cars,  multipurpose  passenger  vehicles,  and  trucks  with 
a  gross  vehicle  weight  rating  of  10,000  pounds  or  less. 

53.  Definition.  "Power  operated  roof  panel  sys- 
tems" mean  moveable  panels  in  the  vehicle  roof  which 
close  by  vehicle  supplied  power  either  by  a  sliding  or 
hinged  motion,  and  do  not  include  convertible  top 
systems. 


PART  571;  S  118-PRE 


S4.  Operating  requirements.  Except  as  provided  in 
S5,  power  operated  window,  partition,  or  roof  panel 
systems  may  be  closed  only  in  the  following  circum- 
stances: 

(a)  When  the  key  that  controls  activation  of  the  ve- 
hicle's engine  is  in  the  "ON",  "START",  or  "ACCES- 
SORY" position; 

(b)  By  muscular  force  unassisted  by  vehicle  supplied 
power; 

(c)  Upon  continuous  activation  by  a  locking  system 
on  the  exterior  of  the  vehicle; 

(d)  Upon  continuous  activation  of  any  remote  actu- 
ation device,  provided  that  the  remote  actuation  device 
shall  be  incapable  of  closing  the  power  window,  parti- 
tion or  roof  panel  from  a  distance  of  more  than  20  feet 
from  the  vehicle. 

(e)  During  the  interval  between  the  time  the  lock- 
ing device  which  controls  the  activation  of  the  vehicle's 
engine  is  turned  off  and  the  opening  of  either  of  a  two- 
door  vehicle's  doors  or,  in  the  case  of  a  vehicle  with 
more  than  two  doors,  the  opening  of  either  of  its  front 
doors. 


S5.  (a)  Notwithstanding  S4.  power  window, 
partition  or  roof  panel  systems  which,  while  closing, 
reverse  direction  when  they  meet,  a  resistive  force 
of  22  pounds  or  more  from  a  solid  cylinder  of  4  to 
200  mm  in  diameter  and  open  to  at  least  200  mm,  may 
close— 

(1)  Upon  the  one-time  activation  of  a  locking  sys- 
tem on  the  exterior  of  the  vehicle, 

(2)  Upon  the  one-time  activation  of  any  remote  ac- 
tuation device,  or 

(3)  Upon  continuous  activation  of  any  remote  ac- 
tuation device  capable  of  closing  the  power  window, 
partition  or  roof  panel  from  a  distance  of  more  than 
20  feet  from  the  vehicle. 

(b)  The  4  to  200  mm  dimension  cited  in  S5(a)  is  meas- 
ured from  the  window  or  panel's  leading  edge  to  the 
daylight  opening. 

Issued  on  April  10,  1991 

Jerry  Ralph  Curry 
Administrator 

56  F.R.  15290 
April  16,  1991 


PART  571;  S  118-PRE  20 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  118 


Power-Operated  Window  Systems 
(Docket  No.  69-1  la) 


IS1.  Purpose  and  scope.  This  standard 
specifies  requirements  for  power-operated  win- 
dow, partition  and  roof  panel  systems  to  minimize 
the  hkelihood  of  death  or  injury  from  their  acciden- 
tal operation. 

|S2.  Application.  This  standard  applies  to 
passenger  cars,  multipurpose  passenger  vehicles, 
and  trucks  with  a  gross  vehicle  weight  rating  of 
10,000  pounds  or  less. 

[S3.  Definition.  Power  operated  roof  panel 
systems  mean  moveable  panels  in  the  vehicle  roof 
which  close  by  vehicle  supplied  power  either  by  a 
sliding  or  hanged  motion,  and  do  not  include  con- 
vertible top  systems. 

IS4.  Operating  Requirements.  Except  as  pro- 
vided in  S5,  power  operated  window,  partition,  or 
roof  panel  systems  may  be  closed  only  in  the 
following  circumstances: 

(a)  When  the  key  that  controls  activation  of  the 
vehicle's  engine  is  in  the  "ON,"  "START,"  or 
"ACCESSORY"  position; 

(b)  By  muscular  force  unassisted  by  vehicle  sup- 
plied power; 

(c)  Upon  continuous  activation  by  a  locking 
system  on  the  exterior  of  the  vehicle; 

(d)  Upon  continuous  activation  of  any  remote  ac- 
tuation device,  provided  that  the  remote  actuation 
device  shall  be  incapable  of  closing  the  power 


window,  partition  or  roof  panel  from  a  distance  of 
more  than  20  feet  from  the  vehicle; 

(e)  During  the  interval  between  the  time  the 
locking  device  which  controls  the  activation  of  the 
vehicle's  engine  is  turned  off  and  the  opening  of 
either  of  a  two-door  vehicle's  doors  or,  in  the  case 
of  a  vehicle  with  more  than  two  doors,  the  opening 
of  either  of  its  front  doors. 

IS5.  (a)  Notwithstanding  S4,  power  window, 
partition  or  roof  panel  systems  which,  while  clos- 
ing, reverse  direction  when  they  meet  a  resistive 
force  of  22  pounds  or  more  from  a  solid  cylinder  of 
4  to  200mm  in  diameter  and  open  to  at  least 
200mm,  may  close— 

(1)  Upon  the  one-time  activation  of  a  locking 
system  on  the  exterior  of  the  vehicle, 

(2)  Upon  the  one-time  activiation  of  any 
remote  actuation  device,  or 

(3)  Upon  continuous  activation  of  any  remote 
actuation  device  capable  of  closing  the  power 
window,  partition  or  roof  panel  from  a  distance 
of  more  than  200  feet  from  the  vehicle. 

(b)  The  4  to  200mm  dimension  cited  in  S5(a)  is 
measured  from  the  window  or  panel's  leading  edge 
to  the  daylight  opening.  (56  F.R.  15290— April  16, 
1991.  Effective:  September  1,  1992)1 


35  F.R.  11797 
July  23, 1970 


PART  571;  S  118-1 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  120 

Tire  Selection  and  Rims  for  Motor  Vehicles  Other  than  Passenger  Cars 

(Docket  No.  87-12;  Notice  4) 

RIN  2127-AD86 


ACTION-Final  rule. 

SUMMARY:  In  July  1990,  this  agency  published  a  final 
rule  permitting  new  passenger  cars,  multipurpose  ve- 
hicles, and  light  trucks  equipped  with  passenger  car 
tires  to  be  equipped  with  a  non-pneumatic  spare  tire. 
The  final  rule  also  established  Standard  No.  129,  New 
Non-Pneumatic  Tires  for  Passenger  Cars,  which  in- 
cludes definitions  relating  to  non-pneumatic  tires  and 
specifies  performance,  testing,  and  additional  labeling 
requirements  for  these  tires. 

In  response  to  three  petitions  for  reconsideration  of 
this  rule,  the  agency  has  decided  to  amend  several 
requirements  in  the  July  1990  final  rule.  This  notice 
allows  some  of  the  required  information  to  be  placed 
on  labels  that  are  permanently  affixed  to  the  tire  or 
tire  assembly  instead  of  being  required  to  be  marked 
into  or  onto  the  tire  or  tire  assembly  itself.  The  notice 
also  provides  that  instead  of  placing  certain  informa- 
tion in  the  owner's  manual,  vehicle  manufacturers  may 
instead  place  the  information  on  the  vehicle  placard 
(required  by  Standard  No.  110,  Tire  Selection  and 
Rims)  if  the  owner's  manual  includes  a  reference  to  this 
information.  The  notice  also  amends  the  dimensions  of 
the  tire  strength  test  cleat.  These  amendments  will 
enable  manufacturers  to  comply  more  easily  with  the 
requirements  without  adversely  affecting  safety. 

EFFECTIVE  DATE:     The  amendments  are  effective 

May  28,  1991. 


SUPPLEMENTARY  INFORMATION: 

Background 

On  April  7,  1989,  NHTSA  pubHshed  a  notice  of 

proposed  rulemaking  (NPRM)  proposing  to  amend 

Standard  No.  110  to  permit  the  use  of  non-pneumatic 

tires  on  passenger  cars,  but  only  as  a  temporary  spare 


and  to  establish  Standard  No.  129,  a  new  standard  for 
non-pneumatic  tires.  (54  FR  14109).  The  notice  pro- 
posed the  following  amendments  to  Standard  No.  110: 
1)  passenger  cars  would  be  allowed  to  be  equipped  with 
a  non-pneumatic  spare  tire;  2)  additional  labeling  and 
vehicle  placarding  information  would  be  required 
explaining  that  such  tires  should  be  used  only  as  a  spare 
tire  on  a  temporary  basis  at  speeds  not  to  exceed  50 
mph.,  and  3)  the  vehicle's  owner's  manual  would 
include  safety  information  about  the  use  of  a  non- 
pneumatic  tire.  The  NPRM  also  proposed  labeling 
requirements  in  Standard  No.  129  similar  to  those  set 
forth  in  section  S4.3  of  Standard  No.  109,  New  Pneu- 
matic Tires,  for  size  designation,  load  rating,  rim  size 
and  type  designation,  manufacturer  or  brand  name, 
certification,  and  the  tire  identification  number. 
NHTSA  received  13  comments  in  response  to  the 
NPRM.  While  all  commenters  generally  supported  the 
proposal  to  permit  a  vehicle  to  be  equipped  with  a  non- 
pneumatic  spare  tire,  certain  commenters  suggested 
alternative  approaches  to  particular  aspects  of  the 
proposal. 

On  July  20,  1990.  NHTSA  published  a  final  rule 
permitting  new  passenger  cars  and  other  vehicles 
equipped  with  passenger  car  tires  to  be  equipped  with 
a  non-pneumatic  spare  tire.  (55  FR  29581).  The  final 
rule  modified  certain  informational  requirements  in 
Standard  Nos.  110  and  120,  Tire  Selection  and  Rims 
for  Motor  Vehicles  other  Than  Passenger  Cars  and 
established  Standard  No.  129,  the  new  standard  for 
non-pneumatic  tires. 

The  agency  received  petitions  for  reconsideration  of 
this  rule  from  the  Rubber  Manufacturers  Association 
(RMA),  Uniroyal  Goodrich  Tire  Company  (Uniroyal), 
and  General  Motors  Corporation  (GM).  This  notice 
responds  to  those  petitions.  For  the  convenience  of  the 
reader,  this  notice  uses  the  same  organization  and 
format  as  the  July  1990  final  rule  used.  When  a  sec- 
tion heading  used  in  the  final  rule  is  not  set  forth  in 


PART  571;  S120-PRE  39 


this  preamble,  it  means  that  no  petition  for  reconsider- 
ation requested  changes  to  the  rule's  provisions  dis- 
cussed in  that  section. 


Issues  Under  Reconsideration 
Labeling  Requirements 

The  NPRM  proposed  requiring  that  certain  informa- 
tion about  the  non-pneumatic  tire  be  "permanently 
molded,  stamped,  or  otherwise  permanently  marked 
into  or  onto  both  sides"  and  be  expressed  in  figures 
not  smaller  than  a  given  size.  Because  the  agency 
thought  that  molding  the  required  information  into  or 
onto  some  non-pneumatic  tire  and  assembly  designs 
might  be  impracticable,  it  proposed  allowing  different 
methods  of  permanent  marking  in  addition  to 
molding— the  labeling  method  required  in  Standard  No. 
109  for  pneumatic  tires. 

After  analyzing  its  proposal  in  response  to  comments 
received  on  this  subject,  the  agency  concluded  in  the 
final  rule  that  permanently  affixed  labels  should  not 
be  allowed  as  a  means  for  placing  the  required  infor- 
mation on  non-pneumatic  tires.  In  the  preamble  to  that 
notice,  the  agency  explained  that  the  message  must  be 
useful  and  understandable  for  the  lifetime  of  the  tire, 
i.e.,  it  must  be  permanent,  legible,  and  conspicuous. 
Based  on  these  considerations,  the  agency  concluded 
that  affixing  a  permanent  label  on  a  non-pneumatic  tire 
might  not  meet  these  ends. 

All  three  petitions  for  reconsideration  requested  that 
permanent  stick-on  labels,  typically  made  of  vinyl  or 
polyester,  be  allowed  for  at  least  some  of  the  informa- 
tion that  must  be  placed  on  the  non-pneumatic  tire  or 
tire  assembly.  The  petitioners  stated  that  it  would  be 
impracticable  to  stamp  or  mold  the  required  informa- 
tion directly  onto  some  non-pneumatic  tires  or  tire 
assemblies.  For  instance,  Uniroyal  reported  that  there 
is  no  room  to  mold  the  required  information  into  its 
non-pneumatic  tire  because  there  is  no  "sidewall"  to 
that  tire  design.  While  the  petitioners  acknowledged 
that  the  requirements  permit  information  to  be  placed 
on  the  rim  or  wheel  center  member,  they  believed  that 
stamping  or  etching  the  information  into  the  assem- 
bly could  compromise  the  wheel's  structural  integrity. 
They  also  believed  that  information  placed  on  the 
assembly  might  be  difficult  to  read. 

Uniroyal  suggested  that  while  certain  required  infor- 
mation (e.g.,  the  symbol  DOT,  the  non-pneumatic  tire 
identification  code  (NPTIC)  number,  and  the  load 
rating)  could  be  required  to  be  stamped  or  molded  into 
the  non-pneumatic  tire,  other  information  (e.g.,  infor- 
mation about  the  tire's  temporary  use  at  limited  speeds 
and  the  manufacturer's  name  or  brand  name)  should 
be  allowed  to  be  placed  on  a  label  permanently  affixed 
to  the  tire  or  tire  assembly.  In  support  of  its  recom- 
mendation. Uniroyal  explained  that  the  primary  pur- 


pose of  some  of  the  required  information  is  to  alert  con- 
sumers that  the  tire  is  for  temporary  use  at  limited 
speeds.  Because  such  information  is  of  primary  impor- 
tance before  the  non-pneumatic  tire  is  placed  on  the 
vehicle,  the  petitioner  believed  that  consumers  would 
be  better  served  if  this  information  were  readily  legi- 
ble. It  stated  that  a  permanent  label  with  contrasting 
colors  would  provide  the  greatest  legibility.  The  other 
two  petitioners  generally  supported  Uniroyal 's  recom- 
mendations but  did  not  provide  specific  suggestions. 

Upon  reconsideration,  NHTSA  agrees  with  the 
petitioners  that  stamping  or  etching  the  information 
into  the  assembly  could  compromise  a  wheel's  struc- 
tural integrity  and  that  certain  information  can  be 
permitted  to  be  placed  on  permanently  affixed  labels 
without  compromising  the  effectiveness  of  the 
message.  The  labels  in  fact  may  afford  increased 
legibility  and  conspicuity  given  that  labels  typically 
contain  contrasting  colors.  In  comparison,  other 
methods  of  permanent  marking  such  as  etching  or 
painting  may  be  less  legible  and  conspicuous  because, 
for  some  non-pneumatic  tire  designs,  this  information 
can  only  be  placed  in  locations  that  are  difficult  to  see. 
The  agency  further  notes  that  this  amendment  is 
consistent  with  the  agency's  goal  throughout  the 
rulemaking  of  promulgating  regulations  that  provide 
manufacturers  flexibility  to  comply  with  the  require- 
ments. / 

To  increase  the  information's  effectiveness  for  con-  I 
sumers,  the  agency  believes  that  the  "For  Temporary 
Use  Only"  and  "Maximum  50  M.P.H"  information 
should  be  as  legible  as  possible,  especially  before  the 
spare  tire  is  placed  on  the  vehicle.  The  agency  further 
notes  that  considering  the  greater  volume  of  informa- 
tion required  to  be  on  non-pneumatic  tires,  certain 
information  should  be  permitted  to  be  on  a  permanently 
affixed  label.  Such  an  option  reduces  the  potential  for 
adversely  affecting  the  structural  integrity  of  some 
non-pneumatic  tires  and  makes  it  more  feasible  for 
manufacturers  to  comply  with  the  requirements. 
Accordingly,  the  agency  has  decided  to  modify  the 
requirements  in  S6  of  Standard  No.  110  and  S8  of 
Standard  No.  120  (which  are  referenced  in  S4.3(g)  of 
Standard  No.  129)  to  permit  this  information  to  be  on 
a  label  that  is  permanently  affixed  to  the  non- 
pneumatic  tire  or  tire  assembly.  Along  with  the 
temporary  use  information,  the  agency  has  decided  to 
grant  Uniroyal's  request  to  permit  the  manufacturer's 
name  to  be  placed  on  a  permanent  label.  However,  the 
agency  has  decided  to  require  the  tire  to  be  per- 
manently molded,  stamped,  or  otherwise  permanently 
marked  with  the  rest  of  the  information  required  in 
S4.3  of  Standard  No.  129. 

By  "permanent,"  the  agency  means  that  the  label 
should  remain  in  place  and  be  legible  for  the  life  of  the 
tire.  To  ensure  the  permanency  of  the  label's  informa- 


PART  571;  S120-PRE  40 


tion,  the  agency  is  requiring  that  it  must  be  subsurface 
printed.  An  example  of  this  is  a  label  made  from  a  piece 
of  clear  mylar  or  other  plastic  where  the  printing  is  on 
the  underside;  as  a  result,  fluids  or  abrasion  to  which 
it  is  normally  exposed  does  not  contact  the  printing 
itself.  It  must  also  be  made  of  a  material  that  is  fade 
resistant,  heat  resistant,  and  abrasion  resistant,  and 
be  attached  in  such  a  manner  that  it  cannot  be  removed 
without  destroying  or  defacing  the  label.  The  agency 
believes  that  these  specifications  are  necessary  to 
ensure  the  use  of  durable,  non-detachable  labels  and 
prevent  the  use  of  labels  of  doubtful  permanency  such 
as  paper  ones.  In  summary,  NHTSA  believes  that  the 
improved  legibility  and  conspicuity  of  labels  and  the 
potential  impracticability  of  stamping  or  molding 
certain  required  information  outweigh  the  agency's 
previous  concerns  about  the  permanency  of  such  labels. 
This  has  lead  the  agency  to  conclude  that  the  use  of 
such  labels  for  this  portion  of  the  information  is 
warranted. 

If  labels  on  non-pneumatic  tires  are  found  not  to 
remain  affixed  and  legible  for  the  life  of  the  tire,  the 
agency  might  initiate  additional  rulemaking  to  explore 
other  requirements  to  ensure  the  label's  permanency. 
However,  such  a  rulemaking  would  be  premature  at 
this  time. 


P      SUPPLEMENTARY  INFORMATION 

Section  S7.2  of  Standard  No.  110  and  section  S9.2 
of  Standard  No.  120  require  the  owner's  manual  of  a 
vehicle  equipped  with  a  non-pneumatic  spare  tire  to 
contain  information  explaining  the  tire's  proper  use. 
Along  with  this  explanation,  the  owner's  manual  for 
such  vehicles  must  include  the  NPTIC  number  that  is 
labeled  on  the  non-pneumatic  tire  assembly  pursuant 
to  the  requirements  of  S4.3(a)  of  Standard  No.  129.  The 
purpose  of  this  requirement  is  to  help  identify  the  non- 
pneumatic  tire  with  regard  to  its  size  and  application 
to  a  specific  non-pneumatic  rim,  wheel  center  member, 
or  vehicle. 

In  its  petition  for  reconsideration,  GM  requested  that 
the  vehicle  manufacturer  be  allowed  to  include  in  the 
owner's  manual  a  simple  reference  to  the  vehicle 
placard,  where  information  about  the  proper  selection 
of  the  non-pneumatic  tire  assembly  appears  as  required 
by  the  final  rule  in  Standard  No.  110  or  Standard  No. 
120,  instead  of  being  required  to  place  the  information 
in  the  manual  itself.  GM  explained  that  this  change 
would  still  allow  manufacturers  to  convey  information 
about  the  NPTIC  but  avoid  unnecessary  complications. 
GM  stated  that  under  the  current  requirements,  vehicle 
^k  manufacturers  have  to  state  in  the  owner's  manual  the 
^^  NPTIC  for  the  non-pneumatic  tire  used  on  each  specific 
version  of  the  vehicle  model.  GM  believed  that  this 
would  necessitate  having  more  than  one  version  of 


the  owner's  manual  for  the  same  vehicle  model,  thus 
increasing  the  potential  for  placing  an  incorrect  manual 
in  a  vehicle  which  could  result  in  selecting  an  incorrect 
replacement  non-pneumatic  tire  assembly.  The  peti- 
tioner stated  that  while  the  owner's  manual  could 
contain  a  table  with  all  potential  non-pneumatic  tire 
sizes,  such  a  table  could  be  difficult  to  understand,  thus 
resulting  in  an  incorrect  replacement  of  a  non- 
pneumatic  tire  assembly.  GM  further  stated  that 
owner's  manuals  are  not  required  to  contain  informa- 
tion about  the  size,  speed  or  load  restriction,  or 
Uniform  Tire  Quality  Grades  (UTQG)  of  the  road  tire 
fitted  to  a  specific  model.  Instead,  the  owners  are 
referred  to  the  vehicle  placard  and  UTQG  brochure  for 
that  information.  This  prompted  GM  to  request  that 
the  requirements  for  providing  information  regarding 
non-pneumatic  tire  assemblies  be  consistent  with  those 
for  road  tires. 

Upon  reconsideration,  NHTSA  has  decided  to  grant 
GM's  request  permitting  the  owner's  manual  to  include 
a  reference  to  the  information  about  the  NPTIC  set 
forth  in  S4.3(e)  of  Standard  No.  110  and  S5.3.6  of 
Standard  No.  120  that  is  located  on  the  vehicle  placard. 
This  information  will  still  be  required  on  the  tire  itself. 
After  reviewing  GM's  petition,  the  agency  believes  that 
including  a  reference  in  the  owner's  manual  that  the 
NPTIC  can  be  found  on  the  vehicle  placard  will  ade- 
quately convey  this  information  to  the  owner  because 
the  information  will  continue  to  be  readily  available  to 
the  vehicle  owner. 


Test  Procedure  for  Vertical  Strength 
Along  with  performance  requirements  and  test 
procedures  for  a  non-pneumatic  tire's  lateral  strength, 
tire  endurance,  and  high  speed  performance,  the  final 
rule  included  requirements  for  a  tire's  strength  in 
vertical  loading.  The  agency  determined  that  these 
requirements  will  assure  a  non-pneumatic  tire's  struc- 
tural integrity  and  durability. 

In  S5.3.2,  the  final  rule  specifies  that  a  test  "cleat" 
must  be  forced  into  the  non-pneumatic  tire's  tread  at 
five  test  points  equally  spaced  around  the  tire's  circum- 
ference. The  final  rule  also  specifies  the  test  cleat's 
dimensions,  as  follows:  a  length  of  one  inch  greater 
than  the  maximum  tire  width  of  the  tire,  a  width  of 
one-half  inch  with  the  surface  which  contacts  the  tire's 
tread  having  one-quarter  inch  radius,  and  a  height  of 
one  inch  greater  than  the  difference  between  the 
unloaded  radius  on  the  non-pneumatic  tire  assembly 
and  the  minimum  radius  of  the  non-pneumatic  rim  or 
wheel  center  member,  if  used  with  the  non-pneumatic 
tire  assembly  being  tested. 

In  its  petition  for  reconsideration,  RMA  requested 
that  the  dimensions  of  the  test  cleat  be  modified  by 
adding  the  word  "minimum"  before  the  word  "length" 


PART  571;  S120-PRE  41 


and  "height"  in  S5.3.2.2.  It  claimed  that,  at  present, 
this  provision  requires  a  unique  cleat  for  each  size  non- 
pneumatic  spare  tire.  RMA's  requested  amendment 
would  allow  the  same  test  fixture  to  be  used  for  several 
sizes  of  non-pneumatic  spare  tires. 

Upon  reconsideration,  NHTSA  agrees  with  RMA's 
request  to  include  the  word  "minimum"  in  the  provi- 
sion describing  the  test  cleat's  length  and  height.  The 
agency  believes  that  this  modification  will  reduce  the 
testing  burden  on  manufacturers  by  permitting  a  more 
versatile  test  device,  without  adversely  affecting  the 
test's  ability  to  measure  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

Upon  further  review  of  this  provision,  the  agency  has 
decided  to  change  the  phrase  in  S5.3.2.2(c)  which  reads 
".  .  .the  minimwm  radius  of  the  non-pneumatic  rim.  .  ." 
to  ".  .  .the  maximum  radius  of  the  non-pneumatic 
rim.  .  ."  The  agency  notes  that  the  language  as  initial- 
ly adopted  in  the  final  rule  was  based  on  the  NPRM's 
proposal  to  use  a  plunger  test  device.  The  agency  now 
believes  that  the  newly  adopted  phrase  is  more  ap- 
propriate given  that  instead  of  the  plunger  test,  a  cleat 
test  is  used  to  determine  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

Conforming  Amendvfients 

Upon  further  review,  the  agency  has  decided  to 
modify  the  definition  for  "wheel  center  member"  to 
add  at  the  end  of  the  existing  definition  the  following 
language:  "or  in  the  case  of  a  non-pneumatic  tire  not 
incorporating  a  wheel,  a  mechanical  device  which 
attaches,  either  integrally  or  separably,  to  the  non- 
pneumatic  tire  and  provides  the  connection  between 
the  tire  and  the  vehicle."  The  agency  believes  that  this 
conforming  amendment  is  necessary  to  make  the 
definition  for  wheel  center  member  consistent  with  the 
types  of  non-pneumatic  tire  designs  possible  under  the 
definition  for  non-pneumatic  tire  assembly.  While  the 
agency  does  not  anticipate  that  this  modification  will 
affect  the  current  non-pneumatic  tire  designs  now 
being  produced  or  developed,  the  modification  may 
permit  unforeseen  non-pneumatic  tire  designs  that  may 
be  developed  in  the  future.  The  agency  believes  that 
by  modifying  the  definition  to  allow  greater  flexibility, 
the  agency  is  better  fulfilling  its  goal  to  promulgate  a 
generic  standard. 

Upon  further  review,  the  agency  is  also  modifying 
S4.3(c)  by  replacing  the  phrase  ".  .  .wheel  tire  assem- 
bly that  is  contained.  .  ."  with  ".  .  .wheel  center  mem- 
ber that  is  contained.  .  ."  The  agency  has  determined 
that  this  conforming  amendment  is  necessary  to  make 
this  provision  consistent  with  the  listing  requirements 
in  S4.4. 


Effective  Date 
NHTSA  notes  that  section  103(c)  of  the  Vehicle 
Safety  Act  requires  that  each  order  shall  take  effect  \ 
no  sooner  than  180  days  from  the  date  the  order  is 
issued  unless  "good  cause"  is  shown  that  an  earlier 
effective  date  is  in  the  public  interest.  As  with  the  final 
rule,  NHTSA  believes  that  there  is  "good  cause"  not 
to  require  the  full  180  day  lead-in  period  given  that  it 
is  already  permissible  to  equip  vehicles  with  these  tires. 
In  addition,  these  amendments  will  provide  greater 
design  flexibility  in  the  production  and  testing  of  non- 
pneumatic  tires  without  imposing  any  mandatory 
requirement  on  manufacturers.  Because  the  amend- 
ments provide  manufacturers  with  additional  ways  to 
comply  with  the  requirements  adopted  in  the  final  rule, 
they  result  in  no  additional  burden  to  any  manufac- 
turer. In  addition,  the  public  interest  will  be  served  by 
not  delaying  the  introduction  of  these  alternative 
methods  of  compliance.  Therefore,  the  agency  has 
determined  that  there  is  good  cause  to  set  an  effective 
date  30  days  after  publication  of  this  notice. 

In  consideration  of  the  foregoing,  the  agency  is 
amending  Standard  No.  110,  Tire  Selection  and  Rims, 
Standard  No.  120,  Tire  Sekction  and  Rims  for  Motor 
Vehicles  Other  Than  Passenger  Cars,  and  Standard  No. 
129,  New  Non-Pneumatic  Tires  for  Passenger  Cars,  in 
Title  49  of  the  Code  of  Federal  Regulations  at  Part  571 
as  follows:  1.  In  §  571.110,  S6  is  revised  to  read  as  (  [ 
follows: 

S6     Labeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assembies. 

Each  non-pneumatic  tire  or,  in  the  case  of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S6(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 
surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
S6(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on 
a  vehicle,  in  which  case  the  information  specified  in 
paragraphs  S6(a)  and  (b)  shall  only  be  required  on  the  \[^ 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 


PART  571;  S120-PRE  42 


placed  on  the  tread  or  the  outermost  edge  of  the  tire 

and  is  not  obstructed  by  any  portion  of  any  non- 

k  pneumatic  rim  or  wheel  center  member  designated  for 

I         use  with  that  tire  in  this  standard  or  in  Standard  No. 

129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

2.  In  §  571.110,  S7  is  revised  to  read  as  follows: 

S7  Requirements  for  Passenger  Cars  Equipped 
with  Non-Pneumatic  Spare  Tire  Assemblies. 

57.1  Vehicle  Placarding  Requirements. 

A  placard,  permanently  affixed  to  the  inside  of  the 
vehicle  trunk  or  an  equally  accessible  location  adjacent 
to  the  non-pneumatic  spare  tire  assembly,  shall  display 
the  information  set  forth  in  S6  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

57.2  Supplementary  Information.  The  owner's 
manual  of  the  passenger  car  shall  contain,  in  writing 
in  the  English  language  and  in  not  less  than  10  point 
type,  the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 
^  to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
P      eluding  at  a  minimum  the  information  set  forth  in  S6(a) 

and  (b)  and  either  the  information  set  forth  in  S4.3(e) 
or  a  statement  that  the  information  set  forth  in  S4.3(e) 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire; 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
tunity; and 

(c)  A  statement  that  operation  of  the  passenger  car 
is  not  recommended  with  more  than  one  non-pneumatic 
spare  tire  in  use  at  the  same  time. 

3.  In  §  571.120,  S8  is  revised  to  read  as  follows: 

S8  L  abeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assemblies. 

Each  non-pneumatic  tire  or,  in  the  case  .of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S8(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
^^  otherwise  permanently  marked  into  or  onto  the  non- 
^^  pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 


surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
SB(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on 
a  vehicle,  in  which  case  the  information  specified  in 
paragraphs  S8(a)  and  (b)  shall  only  be  required  on  the 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 
placed  on  the  tread  or  the  outermost  edge  of  the  tire 
and  is  not  obstructed  by  any  portion  of  any  non- 
pneumatic  rim  or  wheel  center  member  designated  for 
use  with  that  tire  in  this  standard  or  in  Standard  No. 
129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

4.  In  §  571.120,  S9  is  revised  to  read  as  follows: 

S9  Requirements  for  Vehicles  Equipped  with  Non- 
Pneumatic  Spare  Tire  Assemblies. 

59.1  Vehicle  Placarding  Requirements.  A  placard, 
permanently  affixed  to  the  inside  of  the  spare  tire 
stowage  area  or  equally  accessible  location  adjacent  to 
the  non-pneumatic  spare  tire  assembly,  shall  display 
the  information  set  forth  in  SB  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

59.2  Supplementary  Information.  The  owner's 
manual  of  the  vehicle  shall  contain,  in  writing  in  the 
English  language  and  in  not  less  than  10  point  type, 
the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 
to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S8(a) 
and  (b)  and  either  the  information  set  forth  in  S5.3.6 
or  a  statement  that  the  information  set  forth  in  S5.3.6 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire. 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
tunity; and 

(c)  A  statement  that  operation  of  the  vehicle  is  not 
recommended  with  more  than  one  non-pneumatic  spare 
tire  in  use  at  the  same  time. 

5.  In  §  571.129,  S3  is  revised  so  that  the  definition  for 
"wheel  center  member"  reads  as  follows: 


PART  571;  S120-PRE  43 


Wheel  center  member"  means,  in  the  case  of  a  non- 
pneumatic  tire  assembly  incorporating  a  wheel,  a 
mechanical  device  which  attaches,  either  integrally  or 
separably,  to  the  non-pneumatic  rim  and  provides  the 
connection  between  the  non-pneumatic  rim  and  the 
vehicle;  or  in  the  case  of  a  non-pneumatic  tire  assem- 
bly not  incorporating  a  wheel,  a  mechanical  device 
which  attaches,  either  integrally  or  separably,  to  the 
non-pneumatic  tire  and  provides  the  connection  be- 
tween the  tire  and  the  vehicle. 

6.  In  §  571.129,  S4.3  is  revised  to  read  as  follows: 
Labeling  Requirements.  Each  non-pneumatic  tire  or, 
in  the  case  of  a  non-pneumatic  tire  assembly  in  which 
the  non-pneumatic  tire  is  an  integral  part  of  the  assem- 
bly, each  non-pneumatic  tire  assembly  shall  include,  in 
letters  or  numerals  not  less  than  0.078  inches  high,  the 
information  specified  in  paragraphs  S4.3(a)  through  (f). 
The  information  shall  be  permanently  molded,  stamped 
or  otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  except 
that  the  information  specified  in  S4.3(d)  and  S4.3(g) 
may  appear  on  a  label  that  is  permanently  attached  to 
the  tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be 
subsurface  printed,  made  of  a  material  that  is  resistant 
to  fade,  heat,  moisture,  and  abrasion,  and  attached  in 
such  a  manner  that  it  cannot  be  removed  without  des- 
troying or  defacing  the  label  on  the  non-pneumatic  tire 
or  tire  assembly.  The  information  shall  appear  on  both 
sides  of  the  non-pneumatic  tire  or  non-pneumatic  tire 
assembly,  except,  in  the  case  of  a  non-pneumatic  tire 
assembly  which  has  a  particular  side  that  must  always 
face  outward  when  mounted  on  a  vehicle,  in  which  case 
the  information  shown  in  paragraphs  S4.3(a)  through 
(g)  shall  only  be  required  on  the  outward  facing  side. 
The  information  shall  be  positioned  on  the  tire  or  tire 
assembly  such  that  it  is  not  placed  on  the  tread  or  the 
outermost  edge  of  the  tire  and  is  not  obstructed  by  any 
portion  of  any  non-pneumatic  rim  or  wheel  center  mem- 
ber designated  for  use  with  that  tire  in  S4.4  of  this  stan- 
dard or  in  49  CFR  §  571.110  or  49  CFR  §  571.120. 

(a)  The  non-pneumatic  tire  identification  code 
("NPTIC"); 

(b)  Load  rating,  which,  if  expressed  in  kilograms, 
shall  be  followed  in  parenthesis  by  the  equivalent  load 
rating  in  pounds,  rounded  to  the  nearest  whole  pound; 


(c)  For  a  non-pneumatic  tire  that  is  not  an  integral 
part  of  a  non-pneumatic  tire  assembly,  the  size  and  type 
designation  of  the  non-pneumatic  rim  or  wheel  center 
member  that  is  contained  in  the  submission  made  by 
a  manufacturer,  pursuant  to  S4.4(a),  or  in  one  of  the 
publications  described  in  S4.4(b)  for  that  tire's  non- 
pneumatic  tire  identification  code  designation; 

(d)  The  name  of  the  manufacturer  or  brand  name; 

(e)  The  symbol  DOT  in  the  manner  specified  in  Part 
574  of  this  chapter,  which  shall  constitute  a  certifica- 
tion that  the  tire  conforms  to  applicable  Federal  mo- 
tor vehicle  safety  standards; 

(f)  The  tire  identification  number  required  by  §  574.5 
of  this  chapter., 

(g)  The  labeling  requirements  set  forth  in  S6  of  Stan- 
dard No.  110  (§  571.110),  or  S8  of  Standard  No.  120 
(§  571.120). 

7.  In  §  571.129,  S5.3.2.2  is  re\ased  to  read  as  follows: 

S5.3.2.2     The  test  cleat  is  made  of  steel  and  has  the 
following  dimensions: 

(a)  Minimum  length  of  one  inch  greater  than  the 
maximum  tire  width  of  the  tire, 

(b)  Width  of  one-half  inch  with  the  surface  which  con- 
tacts the  tire's  tread  having  one-quarter  inch  radius, 
and 

(c)  Minimum  height  of  one  inch  greater  than  the 
difference  between  the  unloaded  radius  of  the  non- 
pneumatic  tire  assembly  and  the  maximum  radius  of 
the  non-pneumatic  rim  or  wheel  center  member,  if  used 
with  the  non-pneumatic  tire  assembly  being  tested. 


Issued  on  April  22,  1991. 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  19308 
April  26,  1991 


PART  571;  S120-PRE  44 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  120 
Tire  Selection  and  Rims  for  Motor  Vehicles  Other  Than  Passenger  Cars 


51.  Scope.  This  specifies  tire  and  rim  selection 
requirements  and  rim  marking  requirements. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
provide  safe  operational  performance  by  ensuring  that 
vehicles  to  which  it  applies  are  equipped  with  tires  of 
adequate  size  and  load  rating  and  with  rims  of  appropri- 
ate size  and  type  designation. 

53.  Application.  This  standard  applies  to  multi- 
purpose passenger  vehicles,  trucks,  buses,  trailers,  and 
motorcycles,  to  rims  for  use  on  those  vehicles,  and  to 
non-pneumatic  spare  tire  assemblies  for  use  on  those 
vehicles. 

54.  Definitions.  All  terms  defined  in  the  Act  and 
the  rules  and  standards  issued  under  its  authority  are 
used  as  defined  therein. 

Rim  base  means  the  portion  of  a  rim  remaining  af- 
ter removal  of  all  split  or  continuous  rim  flanges,  side 
rings,  and  locking  rings  that  can  be  detached  from  the 
rim. 

Rim  size  designation  means  rim  diameter  and  width. 

Rim  diameter  means  nominal  diameter  of  the  bead 
seat. 

Rim  width  means  nominal  distance  between  rim 
flanges. 

Rim  type  designation  means  the  industry  or  manufac- 
turer's designation  for  a  rim  by  style  or  code. 

Weather  side  means  the  surface  area  of  the  rim  not 
covered  by  the  inflated  tire. 

55.  Requirements. 

S5.1     Tire  and  rim  selection. 

S5.1.1  Except  as  specified  in  S5.1.3,  each  vehicle 
equipped  with  pneumatic  tires  for  highway  service  shall 
be  equipped  with  tires  for  highway  service  shall  be 
equipped  with  tires  that  meet  the  requirements  of 
§571.109,  New  Pneumatic  Tires— Passenger  Cars,  or 
§571.1 19,  New  Pneumatic  Tires  for  Vehicles  Other  than 
Cars,  and  rims  that  are  listed  by  the 


manufacturer  of  the  tires  as  suitable  for  use  with  those 
tires,  in  accordance  with  S4.4  with  §571.109,  or  S5.1 
of  571.119,  as  applicable,  except  that  vehicles  may  be 
equipped  with  a  non-pneumatic  spare  tire  assembly  that 
meets  the  requirements  of  571.129,  New  Non- 
Pneumatic  Tires  for  Passenger  Cars,  and  S8  and  SlO 
of  this  standard.  Vehicles  equipped  with  such  an  as- 
sembly shall  meet  the  requirements  of  S5.3.6,  S7,  and 
S9  of  this  standard. 

55.1.2  Except  in  the  case  of  a  vehicle  which  has  a 
speed  attainable  in  2  miles  of  50  mph  or  less,  the  sum 
of  the  maximum  load  ratings  of  the  tires  fitted  to  an 
axle  shall  be  not  less  than  the  gross  axle  weight  rating 
(GAWR)  of  the  axle  system  as  specified  on  the  vehi- 
cle's certification  label  required  by  49  CFR  Part  567. 
If  the  certification  label  shows  more  than  on  GAWR 
for  the  axle  system,  the  sum  shall  be  not  less  than  the 
GAWR  corresponding  to  the  size  designation  of  the 
tires  fitted  to  the  axle.  If  the  size  designation  of  the 
tires  fitted  to  the  axle  does  not  appear  on  the  certifi- 
cation label,  the  sum  shall  be  not  less  than  the  lowest 
GAWR  appearing  on  the  label.  When  a  tire  listed  in 
Appendix  A  of  Standard  No.  109  is  installed  on  a  mul- 
tipurpose passenger  vehicle,  truck,  bus,  or  trailer,  the 
tire's  load  rating  shall  be  reduced  by  dividing  by  1.10 
before  calculating  the  sum. 

55.1 .3  In  place  of  tires  that  meet  the  requirements 
of  Standard  No.  119,  a  truck,  bus,  or  trailer  may  at  the 
request  of  a  purchaser  be  equipped  at  the  place  of 
manufacture  of  the  vehicle  with  retreaded  or  used  tires 
owned  or  leased  by  the  purchaser,  if  the  sum  of  the 
maximum  load  ratings  meets  the  requirements  of 
S5.1.2.  Used  tires  employed  under  this  provision  must 
have  been  originally  manufactured  to  comply  with 
Standard  No.  119,  as  evidenced  by  the  DOT  symbol. 

S5.2  Rim  marking.  On  and  after  August  1,  1977, 
each  rim  or,  at  the  option  of  the  manufacturer  in  the 
case  of  a  singlepiece  wheel,  wheel  disc  shall  be  marked 
with  the  information  listed  in  paragraphs  (a)  through 
(e),  in  lettering  not  less  than  one-eighth  inch  high,  im- 
pressed to  a  depth  or,  at  the  option  of  the  manufac- 
turer, embossed  to  a  height  of  not  less  than  0.005  inch. 


(Rev.  4/26/91) 


PART  571;  S120-1 


The  information  listed  in  paragraphs  (a)  through  (c) 
shall  appear  on  the  weather  side.  In  the  case  of  rims 
of  multipiece  construction,  the  information  listed  in 
paragraphs  (a)  through  (e)  shall  appear  on  the  rim  base 
and  the  information  listed  in  paragraphs  (b)  and  (d)  shall 
also  appear  on  each  part  of  the  rim. 

(a)  A  designation  which  indicates  the  source  of  the 
rim's  published  nominal  dimensions,  as  follows: 

(1)  "T"  indicates  The  Tire  and  Rim  Association. 

(2)  "E"  indicates  The  European  Type  and  Rim 
Technical  Organization. 

(3)  "J"  indicates  Japan  Automobile  Tire  Manufac- 
turers Association,  Inc. 

(4)  "D"  indicates  Deutsche  Industrie  Norm. 

(5)  "B"  indicates  British  Standards  Institution. 

(6)  "S"  indicates  Scandinavian  Tire  and  Rim 
Organization. 

(7)  "A"  indicates  The  Tire  and  Rim  Association  of 
Australia. 

(8)  "N"  indicates  an  independent  listing  pursuant 
to  S4.4.1(a)  of  Standard  No.  109  or  S5.1(a)  of  Stand- 
ard No.  119. 

(b)  The  rim  size  designation,  and,  in  case  of  multi- 
piece  rims,  the  rim  type  designation.  For  example: 
20  X  5.50,  or  20  x  5.5. 

(c)  The  symbol  DOT,  constituting  a  certification  by 
the  manufacturer  of  the  rim  that  the  rim  complies  with 
all  applicable  motor  vehicle  safety  standards. 

(d)  A  designation  that  identifies  the  manufacturer 
of  the  rim  by  name,  trademark,  or  symbol. 

(e)  The  month,  day,  and  year,  or  the  month  and  year, 
of  manufacture,  expressed  in  numerals.  For  example, 

"September  4,  1976"  may  be  expressed  as: 

c^^AHc      904  76 

90476,       ^g        or    ^^^ 

"September  1976"  may  be  expressed  as: 
9  76 

76       ^^      9 


i 


976, 


S5.3  Label  information.  (For  vehicles  manufac- 
tured on  and  after  September  1,  1977)  The  informa- 
tion specified  in  S5.3.1  through  S5.3.3  shall,  in  the 
format  set  forth  following  this  section,  appear  either— 

(a)  After  each  GAWR  listed  on  the  certification  label 
required  by  §567.4  or  §567.5  of  this  chapter,  or  at  the 
option  of  the  manufacturer, 

(b)  On  a  tire  information  label  affixed  to  the  vehicle 
in  the  manner,  location,  and  form  described  in  §567.4(b) 
through  (f)  of  Part  567  of  this  chapter,  as  appropriate 
for  each  GVWR-GAWR  combination  listed  on  the  cer- 
tification label. 


S5.3.1  Vehicies  manufactured  before  December  1 
1984.  Each  vehicle  manufactured  before  December  1 
1984,  shall  show  the  information  specified  in  S5.3.3 
through  S5.3.5  in  the  format  set  forth  following  this 
section.  The  information  shall  appear  either— 

(a)  After  each  GAWR  listed  on  the  certification  label 
required  by  §567.4  or  §567.5  of  this  chapter;  or,  at  the 
option  of  the  manufacturer, 

(b)  On  a  tire  information  label  affixed  to  the  vehicle 
in  the  manner,  location,  and  form  described  in  §567.4(b) 
through  (f)  of  this  chapter,  as  appropriate  for  each 
GVWR-GAWR  combination  listed  on  the  certification 
label. 


55.3.2  Vehicies  manufactured  on  and  after  Decem- 
ber 1,  1984.  [Each  vehicle  manufactured  on  or  after 
December  1,  1984,  shall  show  the  information  speci- 
fied in  S5.3.3  through  S5.3.5,  and  in  the  case  of  a  vehi- 
cle equipped  with  a  non-pneumatic  spare  tire,  also  that 
specified  in  S5.3.6,  in  the  Enghsh  language,  lettered 
in  block  capitals  and  numerals  not  less  than  three 
thirty-seconds  of  an  inch  high  and  in  the  format  set 
forth  following  this  section.  This  information  shall  ap- 
pear either— (55  F.R.  29581— July  20,  1990.  Effective: 
August  20,  1990)] 

(a)  After  each  GAWR  listed  on  the  certification  label  ^B 
required  by  §567.4  or  §567.5  of  this  chapter;  or,  at  the  H| 
option  of  the  manufacturer, 

(b)  On  a  tire  information  label  affixed  to  the  vehicle 
in  the  manner,  location,  and  form  described  in  §567.4(b) 
through  (f)  of  this  chapter,  as  appropriate  for  each 
GVWR-GAWR  combination  listed  on  the  certification 
label. 

55.3.3  The  size  designation  of  tires  (not  necessar- 
ily those  on  the  vehicle)  appropriate  (as  specified  in 
S5.1.2)  for  the  GAWR. 

55.3.4  The  size  designation  and,  if  applicable,  the 
type  designation  of  rims  (not  necessarily  those  on  the 
vehicle)  appropriate  for  those  tires. 

55.3.5  Cold  inflation  pressure  for  those  tires. 

Truck  example 

Suitable  Tire— Rim  Choice 
GVWR:  17280 
GAWR:  Front-6280    with    7.50-20(D)    tires, 

20  X  6.00  rims,  at  75  psi  cold  single. 
GAWR:  Rear-11000    with    7.50-20(D)    tires, 

20  X  6.00  rims,  at  65  psi  cold  dual. 
GVWR:  17340  ^ 

GAWR:  Front-6300    with    7.00-20(E)    tires,fl 

20  X  5.50  rims,  at  90  psi  cold  single.        ^B 
GAWR:  Rear- 11040    with    7.00-20(E)    tires, 

20  X  5.50  rims,  at  80  psi  cold  dual. 


(Rbv.  7/20/90) 


PART  571;  S120-2 


[S5.3.6  The  non-pneumatic  tire  identification  code, 
with  which  that  assembly  is  labeled  pursuant  to  S4.3(a) 
of  §571.129.  (55  F.R.  29581— July  20,  1990.  Effective: 
August  20,  1990)] 

S6.  Vehicles  manufactured  from  September  1, 1976, 
to  February  28, 1 977.  Notwithstanding  any  other  pro- 
vision of  this  standard,  a  vehicle  to  which  this  standard 
applies  that  is  manufactured  during  the  period  from 
September  1,  1976,  to  February  28,  1977,  shall  meet 
each  requirement  of  this  standard,  with  the  following 
exception:  In  place  of  tires  that  meet  Standard  No.  119 
(§571.119),  the  vehicle  may  be  equipped  with  tires  that 
meet  every  requirement  of  that  standard  other  than 
the  tire  marking  requirements  of  S6.5  of  the  standard. 

[S7.    Load  limits  for  non-pneumatic  space  tires.    The 

highest  vehicle  maximum  load  on  the  tire  for  the  vehi- 
cle shall  not  be  greater  than  the  load  rating  for  the  non- 
pneumatic  spare  tire. 

S8.  Labeling  requirements  for  non-pneumatic  spare 
tires  or  tire  assemblies.  [Each  non-pneumatic  tire  or, 
in  the  case  of  a  non-pneumatic  tire  assembly  in  which 
the  non-pneumatic  tire  is  an  integral  part  of  the  assem- 
bly, each  non-pneumatic  tire  assembly  shall  include,  in 
letters  or  numerals  not  less  than  0.156  inches  high,  the 
information  specified  in  paragraphs  S8.(a)  and  (b).  The 
information  shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 
surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
S8(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  moimted  on 
a  vehicle,  in  which  case  the  informatio  specified  in  para- 
graphs S8(a)  and  (b)  shall  only  be  required  on  the  out- 
ward facing  side.  The  information  shall  be  positioned 
on  the  tire  or  tire  assembly  such  that  it  is  not  placed 
on  the  tread  or  the  outermost  edge  of  the  tire  and  is 
not  obstructed  by  any  portion  of  any  non-pneumatic  rim 
or  wheel  center  member  designated  for  use  with  that 
tire  in  this  standard  or  in  Standard  No.  129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H.  (56  F.R.  19308-April  26, 
1991.  Effective:  May  28,  1991)J 


S9.  Requirements  for  vehicles  equipped  with  non- 
pneumatic  spare  tire  assemblies. 

59.1  Vehicle  placarding  requirements.  A  placard, 
permanently  affixed  to  the  inside  of  the  spare  tire  stow- 
age area  or  equally  accessible  location  adjacent  to  the 
non-pneumatic  spare  tire  assembly,  shall  display  the  in- 
formation set  forth  in  S8  in  block  capitals  and  numer- 
als not  less  than  0.25  inches  high  preceded  by  the  words 
"IMP0RTA2^-USE  OF  SPARE  TIRE"  in  letters  not 
less  than  0.375  inches  high. 

59.2  Supplementary  Information.  The  owner's  man- 
ual of  the  vehicle  shall  contain,  in  writing  in  the  English 
language  and  in  not  less  than  10  point  type,  the  follow- 
ing information  under  the  heading  "IMPORTANT- 
USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related  to 
appropriate  use  for  the  non-pneumatic  spare  tire  includ- 
ing at  a  minimum  the  information  set  forth  in  S8(a)  and 
(b)  [and  either  the  information  set  forth  in  S5.3.6  or  a 
statement  that  the  information  set  forth  in  S5.3.6  is 
located  on  the  vehicle  placard  and  on  the  non-pneumatic 
tire;  (56  F.R.  19308— April  26,  1991.  Effective:  May  28, 
1991.  Effecive:  May  28,  1991)1 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  opportu- 
nity; and 

(c)  A  statement  that  operation  of  the  vehicle  is  not 
recommended  with  more  than  one  non-pneumatic  spare 
tire  in  use  at  the  same  time. 

S1 0.    Non-pneumatic  rims  and  wheel  center  members. 

510.1  Non-pneumatic  rim  requirements.  Each  non- 
pneumatic  rim  that  is  part  of  a  separable  non-pneumatic 
spare  tire  assembly  shall  be  constructed  to  the  dimen- 
sions of  a  non-pneumatic  rim  that  is  listed  pursuant  to 
S4.4  of  §571.129  for  use  with  the  non-pneumatic  tire, 
designated  by  its  non-pneumatic  tire  identification  code, 
with  which  the  vehicle  is  equipped. 

510.2  Wheel  center  member  requirements.  Each 
wheel  center  member  that  is  part  of  a  separable  non- 
pneimiatic  spare  tire  assembly  shall  be  constructed  to 
the  dimensions  of  a  wheel  center  member  that  is  listed 
pursuant  to  S4.4  of  §571.129  for  use  with  the  non- 
pneumatic  tire,  designated  by  its  non-pneumatic  tire 
identification  code,  with  which  the  vehicle  is  equipped. 
(55  F.R.  29581— July  20, 1990.  Effective:  August  20, 1990)1 


41  F.R.  3478 
January  23,  1976 


PART  571;  S120-3-4 


G' 


{ the  • 


(-■♦ 


I 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  129 

New  Non-Pneumatic  Tires  for  Passenger  Cars 

(Doclcet  No.  87-12;  Notice  4) 

RIN  2127-AD86 


ACTION-Final  rule. 

SUMIVIARY:  In  July  1990,  this  agency  published  a  final 
rule  permitting  new  passenger  cars,  multipurpose  ve- 
hicles, and  light  trucks  equipped  with  passenger  car 
tires  to  be  equipped  with  a  non-pneumatic  spare  tire. 
The  final  rule  also  established  Standard  No.  129,  New 
Non-Pneumatic  Tires  for  Passenger  Cars,  which  in- 
cludes definitions  relating  to  non-pneumatic  tires  and 
specifies  performance,  testing,  and  additional  labeling 
requirements  for  these  tires. 

In  response  to  three  petitions  for  reconsideration  of 
this  rule,  the  agency  has  decided  to  amend  several 
requirements  in  the  July  1990  final  rule.  This  notice 
allows  some  of  the  required  information  to  be  placed 
on  labels  that  are  permanently  affixed  to  the  tire  or 
tire  assembly  instead  of  being  required  to  be  marked 
into  or  onto  the  tire  or  tire  assembly  itself.  The  notice 
also  provides  that  instead  of  placing  certain  informa- 
tion in  the  ovraer's  manual,  vehicle  manufacturers  may 
instead  place  the  information  on  the  vehicle  placard 
(required  by  Standard  No.  110,  Tire  Selection  and 
Rims)  if  the  owmer's  manual  includes  a  reference  to  this 
information.  The  notice  also  amends  the  dimensions  of 
the  tire  strength  test  cleat.  These  amendments  will 
enable  manufacturers  to  comply  more  easily  with  the 
requirements  without  adversely  affecting  safety. 


EFFECTIVE  DATE: 

May  28,  1991. 


The  amendments  are  effective 


SUPPLEIVIENTARY  INFORIVIATION: 

Background 
I     On  April  7,  1989,  NHTSA  published  a  notice  of 
proposed  rulemaking  (NPRM)  proposing  to  amend 
Standard  No.  110  to  permit  the  use  of  non-pneumatic 
tires  on  passenger  cars,  but  only  as  a  temporary  spare 


and  to  establish  Standard  No.  129,  a  new  standard  for 
non-pneumatic  tires.  (54  FR  14109).  The  notice  pro- 
posed the  following  amendments  to  Standard  No.  110: 
1)  passenger  cars  would  be  allowed  to  be  equipped  with 
a  non-pneumatic  spare  tire;  2)  additional  labeling  and 
vehicle  placarding  information  would  be  required 
explaining  that  such  tires  should  be  used  only  as  a  spare 
tire  on  a  temporary  basis  at  speeds  not  to  exceed  50 
mph.,  and  3)  the  vehicle's  owner's  manual  would 
include  safety  information  about  the  use  of  a  non- 
pneumatic  tire.  The  NPRM  also  proposed  labeling 
requirements  in  Standard  No.  129  similar  to  those  set 
forth  in  section  S4.3  of  Standard  No.  109,  New  Pneu- 
matic Tires,  for  size  designation,  load  rating,  rim  size 
and  type  designation,  manufacturer  or  brand  name, 
certification,  and  the  tire  identification  number. 

NHTSA  received  13  comments  in  response  to  the 
NPRM.  While  all  commenters  generally  supported  the 
proposal  to  permit  a  vehicle  to  be  equipped  with  a  non- 
pneumatic  spare  tire,  certain  commenters  suggested 
alternative  approaches  to  particular  aspects  of  the 
proposal. 

On  July  20,  1990.  NHTSA  published  a  final  rule 
permitting  new  passenger  cars  and  other  vehicles 
equipped  with  passenger  car  tires  to  be  equipped  with 
a  non-pneumatic  spare  tire.  (55  FR  29581).  The  final 
rule  modified  certain  informational  requirements  in 
Standard  Nos.  110  and  120,  Tire  Selection  and  Rims 
for  Motor  Vehicles  other  Than  Passenger  Cars  and 
established  Standard  No.  129,  the  new  standard  for 
non-pneumatic  tires. 

The  agency  received  petitions  for  reconsideration  of 
this  rule  from  the  Rubber  Manufacturers  Association 
(RMA),  Uniroyal  Goodrich  Tire  Company  (Uniroyal), 
and  General  Motors  Corporation  (GM).  This  notice 
responds  to  those  petitions.  For  the  convenience  of  the 
reader,  this  notice  uses  the  same  organization  and 
format  as  the  July  1990  final  rule  used.  When  a  sec- 
tion heading  used  in  the  final  rule  is  not  set  forth  in 


PART  571;  S129-PRE  21 


this  preamble,  it  means  that  no  petition  for  reconsider- 
ation requested  changes  to  the  rule's  provisions  dis- 
cussed in  that  section. 


Issues  Under  Reconsideration 
Labeling  Requirements 

The  NPRM  proposed  requiring  that  certain  informa- 
tion about  the  non-pneumatic  tire  be  "permanently 
molded,  stamped,  or  otherwise  permanently  marked 
into  or  onto  both  sides"  and  be  expressed  in  figures 
not  smaller  than  a  given  size.  Because  the  agency 
thought  that  molding  the  required  information  into  or 
onto  some  non-pneumatic  tire  and  assembly  designs 
might  be  impracticable,  it  proposed  allowing  different 
methods  of  permanent  marking  in  addition  to 
molding— the  labeling  method  required  in  Standard  No. 
109  for  pneumatic  tires. 

After  analyzing  its  proposal  in  response  to  comments 
received  on  this  subject,  the  agency  concluded  in  the 
final  rule  that  permanently  affixed  labels  should  not 
be  allowed  as  a  means  for  placing  the  required  infor- 
mation on  non-pneumatic  tires.  In  the  preamble  to  that 
notice,  the  agency  explained  that  the  message  must  be 
useful  and  understandable  for  the  lifetime  of  the  tire, 
i.e.,  it  must  be  permanent,  legible,  and  conspicuous. 
Based  on  these  considerations,  the  agency  concluded 
that  affixing  a  permanent  label  on  a  non-pneimiatic  tire 
might  not  meet  these  ends. 

All  three  petitions  for  reconsideration  requested  that 
permanent  stick-on  labels,  typically  made  of  vinyl  or 
polyester,  be  allowed  for  at  least  some  of  the  informa- 
tion that  must  be  placed  on  the  non-pneumatic  tire  or 
tire  assembly.  The  petitioners  stated  that  it  would  be 
impracticable  to  stamp  or  mold  the  required  informa- 
tion directly  onto  some  non-pneumatic  tires  or  tire 
assemblies.  For  instance,  Uniroyal  reported  that  there 
is  no  room  to  mold  the  required  information  into  its 
non-pneumatic  tire  because  there  is  no  "sidewall"  to 
that  tire  design.  While  the  petitioners  acknowledged 
that  the  requirements  permit  information  to  be  placed 
on  the  rim  or  wheel  center  member,  they  believed  that 
stamping  or  etching  the  information  into  the  assem- 
bly could  compromise  the  wheel's  structural  integrity. 
They  also  believed  that  information  placed  on  the 
assembly  might  be  difficult  to  read. 

Uniroyal  suggested  that  while  certain  required  infor- 
mation (e.g.,  the  symbol  DOT,  the  non-pneumatic  tire 
identification  code  (NPTIC)  number,  and  the  load 
rating)  could  be  required  to  be  stamped  or  molded  into 
the  non-pneumatic  tire,  other  information  (e.g.,  infor- 
mation about  the  tire's  temporary  use  at  limited  speeds 
and  the  manufacturer's  name  or  brand  name)  should 
be  allowed  to  be  placed  on  a  label  permanently  affixed 
to  the  tire  or  tire  assembly.  In  support  of  its  recom- 
mendation. Uniroyal  explained  that  the  primary  pur- 


pose of  some  of  the  required  information  is  to  alert  con- 
sumers that  the  tire  is  for  temporary  use  at  limited 
speeds.  Because  such  information  is  of  primary  impor- 
tance before  the  non-pneumatic  tire  is  placed  on  the 
vehicle,  the  petitioner  believed  that  consumers  would 
be  better  served  if  this  information  were  readily  legi- 
ble. It  stated  that  a  permanent  label  with  contrasting 
colors  would  provide  the  greatest  legibility.  The  other 
two  petitioners  generally  supported  Uniroyal 's  recom- 
mendations but  did  not  provide  specific  suggestions. 

Upon  reconsideration,  NHTSA  agrees  with  the 
petitioners  that  stamping  or  etching  the  information 
into  the  assembly  could  compromise  a  wheel's  struc- 
tural integrity  and  that  certain  information  can  be 
permitted  to  be  placed  on  permanently  affixed  labels 
without  compromising  the  effectiveness  of  the 
message.  The  labels  in  fact  may  afford  increased 
legibility  and  conspicuity  given  that  labels  typically 
contain  contrasting  colors.  In  comparison,  other 
methods  of  permanent  marking  such  as  etching  or 
painting  may  be  less  legible  and  conspicuous  because, 
for  some  non-pneumatic  tire  designs,  this  information 
can  only  be  placed  in  locations  that  are  difficult  to  see. 
The  agency  further  notes  that  this  amendment  is 
consistent  with  the  agency's  goal  throughout  the 
rulemaking  of  promulgating  regulations  that  provide 
manufacturers  flexibility  to  comply  with  the  require- 
ments. 

To  increase  the  information's  effectiveness  for  con- 
sumers, the  agency  believes  that  the  "For  Temporary 
Use  Only"  and  "Maximum  50  M.P.H"  information 
should  be  as  legible  as  possible,  especially  before  the 
spare  tire  is  placed  on  the  vehicle.  'The  agency  further 
notes  that  considering  the  greater  volume  of  informa- 
tion required  to  be  on  non-pneumatic  tires,  certain 
information  should  be  permitted  to  be  on  a  permanently 
affixed  label.  Such  an  option  reduces  the  potential  for 
adversely  affecting  the  structural  integrity  of  some 
non-pneumatic  tires  and  makes  it  more  feasible  for 
manufacturers  to  comply  with  the  requirements. 
Accordingly,  the  agency  has  decided  to  modify  the 
requirements  in  S6  of  Standard  No.  110  and  S8  of 
Standard  No.  120  (which  are  referenced  in  S4.3(g)  of 
Standard  No.  129)  to  permit  this  information  to  be  on 
a  label  that  is  permanently  affixed  to  the  non- 
pneumatic  tire  or  tire  assembly.  Along  with  the 
temporary  use  information,  the  agency  has  decided  to 
grant  Uniroyal's  request  to  permit  the  manufacturer's 
name  to  be  placed  on  a  permanent  label.  However,  the 
agency  has  decided  to  require  the  tire  to  be  per- 
manently molded,  stamped,  or  otherwise  permanently 
marked  with  the  rest  of  the  information  required  in 
S4.3  of  Standard  No.  129. 

By  "permanent,"  the  agency  means  that  the  label 
should  remain  in  place  and  be  legible  for  the  life  of  the 
tire.  To  ensure  the  permanency  of  the  label's  informa- 


(he 


(r-S 


PART  571;  S129-PRE  22 


tion,  the  agency  is  requiring  that  it  must  be  subsurface 
printed.  An  example  of  this  is  a  label  made  from  a  piece 
of  clear  mylar  or  other  plastic  where  the  printing  is  on 
the  underside;  as  a  result,  fluids  or  abrasion  to  which 
it  is  normally  exposed  does  not  contact  the  printing 
itself.  It  must  also  be  made  of  a  material  that  is  fade 
resistant,  heat  resistant,  and  abrasion  resistant,  and 
be  attached  in  such  a  manner  that  it  cannot  be  removed 
without  destroying  or  defacing  the  label.  The  agency 
believes  that  these  specifications  are  necessary  to 
ensure  the  use  of  durable,  non-detachable  labels  and 
prevent  the  use  of  labels  of  doubtful  permanency  such 
as  paper  ones.  In  summary,  NHTSA  believes  that  the 
improved  legibility  and  conspicuity  of  labels  and  the 
potential  impracticability  of  stamping  or  molding 
certain  required  information  outweigh  the  agency's 
previous  concerns  about  the  permanency  of  such  labels. 
This  has  lead  the  agency  to  conclude  that  the  use  of 
such  labels  for  this  portion  of  the  information  is 
warranted. 

If  labels  on  non-pneumatic  tires  are  found  not  to 
remain  affixed  and  legible  for  the  life  of  the  tire,  the 
agency  might  initiate  additional  rulemaking  to  explore 
other  requirements  to  ensure  the  label's  permanency. 
However,  such  a  rulemaking  would  be  premature  at 
this  time. 


SUPPLEMENTARY  INFORMATION 

Section  S7.2  of  Standard  No.  110  and  section  S9.2 
of  Standard  No.  120  require  the  owner's  manual  of  a 
vehicle  equipped  with  a  non-pneumatic  spare  tire  to 
contain  information  explaining  the  tire's  proper  use. 
Along  with  this  explanation,  the  owner's  manual  for 
such  vehicles  must  include  the  NPTIC  number  that  is 
labeled  on  the  non-pneumatic  tire  assembly  pursuant 
to  the  requirements  of  S4.3(a)  of  Standard  No.  129.  The 
purpose  of  this  requirement  is  to  help  identify  the  non- 
pneumatic  tire  with  regard  to  its  size  and  application 
to  a  specific  non-pneumatic  rim,  wheel  center  member, 
or  vehicle. 

In  its  petition  for  reconsideration,  GM  requested  that 
the  vehicle  manufacturer  be  allowed  to  include  in  the 
owner's  manual  a  simple  reference  to  the  vehicle 
placard,  where  information  about  the  proper  selection 
of  the  non-pneumatic  tire  assembly  appears  as  required 
by  the  final  rule  in  Standard  No.  110  or  Standard  No. 
120,  instead  of  being  required  to  place  the  information 
in  the  manual  itself.  GM  explained  that  this  change 
would  still  allow  manufacturers  to  convey  information 
about  the  NPTIC  but  avoid  unnecessary  complications. 
GM  stated  that  under  the  current  requirements,  vehicle 
manufacturers  have  to  state  in  the  owner's  manual  the 
NPTIC  for  the  non-pneumatic  tire  used  on  each  specific 
version  of  the  vehicle  model.  GM  believed  that  this 
would  necessitate  having  more  than  one  version  of 


the  owner's  manual  for  the  same  vehicle  model,  thus 
increasing  the  potential  for  placing  an  incorrect  manual 
in  a  vehicle  which  could  result  in  selecting  an  incorrect 
replacement  non-pneumatic  tire  assembly.  The  peti- 
tioner stated  that  while  the  owner's  manual  could 
contain  a  table  with  all  potential  non-pneumatic  tire 
sizes,  such  a  table  could  be  difficult  to  understand,  thus 
resulting  in  an  incorrect  replacement  of  a  non- 
pneumatic  tire  assembly.  GM  further  stated  that 
owner's  manuals  are  not  required  to  contain  informa- 
tion about  the  size,  speed  or  load  restriction,  or 
Uniform  Tire  Quality  Grades  (UTQG)  of  the  road  tire 
fitted  to  a  specific  model.  Instead,  the  owners  are 
referred  to  the  vehicle  placard  and  UTQG  brochure  for 
that  information.  This  prompted  GM  to  request  that 
the  requirements  for  providing  information  regarding 
non-pneumatic  tire  assemblies  be  consistent  with  those 
for  road  tires. 

Upon  reconsideration,  NHTSA  has  decided  to  grant 
GM's  request  permitting  the  owner's  manual  to  include 
a  reference  to  the  information  about  the  NPTIC  set 
forth  in  S4.3(e)  of  Standard  No.  110  and  S5.3.6  of 
Standard  No.  120  that  is  located  on  the  vehicle  placard. 
This  information  will  still  be  required  on  the  tire  itself. 
After  reviewing  GM's  petition,  the  agency  believes  that 
including  a  reference  in  the  owner's  manual  that  the 
NPTIC  can  be  found  on  the  vehicle  placard  will  ade- 
quately convey  this  information  to  the  owner  because 
the  information  will  continue  to  be  readily  available  to 
the  vehicle  owner. 


Test  Procedure  for  Vertical  Strength 
Along  with  performance  requirements  and  test 
procedures  for  a  non-pneumatic  tire's  lateral  strength, 
tire  endurance,  and  high  speed  performance,  the  final 
rule  included  requirements  for  a  tire's  strength  in 
vertical  loading.  The  agency  determined  that  these 
requirements  will  assure  a  non-pneumatic  tire's  struc- 
tural integrity  and  durability. 

In  S5.3.2,  the  final  rule  specifies  that  a  test  "cleat" 
must  be  forced  into  the  non-pneumatic  tire's  tread  at 
five  test  points  equally  spaced  around  the  tire's  circum- 
ference. The  final  rule  also  specifies  the  test  cleat's 
dimensions,  as  follows:  a  length  of  one  inch  greater 
than  the  maximum  tire  width  of  the  tire,  a  width  of 
one-half  inch  with  the  surface  which  contacts  the  tire's 
tread  having  one-quarter  inch  radius,  and  a  height  of 
one  inch  greater  than  the  difference  between  the 
unloaded  radius  on  the  non-pneumatic  tire  assembly 
and  the  minimum  radius  of  the  non-pneumatic  rim  or 
wheel  center  member,  if  used  with  the  non-pneumatic 
tire  assembly  being  tested. 

In  its  petition  for  reconsideration,  RMA  requested 
that  the  dimensions  of  the  test  cleat  be  modified  by 
adding  the  word  "minimum"  before  the  word  "length" 


PART  571;  S129-PRE  23 


and  "height"  in  S5.3.2.2.  It  claimed  that,  at  present, 
this  provision  requires  a  unique  cleat  for  each  size  non- 
pneumatic  spare  tire.  RMA's  requested  amendment 
would  allow  the  same  test  fixture  to  be  used  for  several 
sizes  of  non-pneumatic  spare  tires. 

Upon  reconsideration,  NHTSA  agrees  with  RMA's 
request  to  include  the  word  "minimum"  in  the  provi- 
sion describing  the  test  cleat's  length  and  height.  The 
agency  believes  that  this  modification  will  reduce  the 
testing  burden  on  manufacturers  by  permitting  a  more 
versatile  test  device,  without  adversely  affecting  the 
test's  ability  to  measure  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

Upon  further  review  of  this  provision,  the  agency  has 
decided  to  change  the  phrase  in  S5. 3. 2. 2(c)  which  reads 
".  .  .the  mimmitm  radius  of  the  non-pneumatic  rim.  .  ." 
to  ".  .  .the  maxim.um  radius  of  the  non-pneumatic 
rim.  .  ."  The  agency  notes  that  the  language  as  initial- 
ly adopted  in  the  final  rule  was  based  on  the  NPRM's 
proposal  to  use  a  plunger  test  device.  The  agency  now 
believes  that  the  newly  adopted  phrase  is  more  ap- 
propriate given  that  instead  of  the  plunger  test,  a  cleat 
test  is  used  to  determine  a  non-pneumatic  tire's 
strength  in  vertical  loading. 

ConforTuing  Amendments 

Upon  further  review,  the  agency  has  decided  to 
modify  the  definition  for  "wheel  center  member"  to 
add  at  the  end  of  the  existing  definition  the  following 
language:  "or  in  the  case  of  a  non-pneumatic  tire  not 
incorporating  a  wheel,  a  mechanical  device  which 
attaches,  either  integrally  or  separably,  to  the  non- 
pneumatic  tire  and  provides  the  connection  between 
the  tire  and  the  vehicle."  The  agency  believes  that  this 
conforming  amendment  is  necessary  to  make  the 
definition  for  wheel  center  member  consistent  with  the 
types  of  non-pneumatic  tire  designs  possible  under  the 
definition  for  non  pneumatic  tire  assembly.  While  the 
agency  does  not  anticipate  that  this  modification  will 
affect  the  current  non-pneumatic  tire  designs  now 
being  produced  or  developed,  the  modification  may 
permit  unforeseen  non-pneumatic  tire  designs  that  may 
be  developed  in  the  future.  The  agency  believes  that 
by  modifying  the  definition  to  allow  greater  flexibility, 
the  agency  is  better  fulfilling  its  goal  to  promulgate  a 
generic  standard. 

Upon  further  review,  the  agency  is  also  modifying 
S4.3(c)  by  replacing  the  phrase  ".  .  .wheel  tire  assem- 
bly that  is  contained.  .  ."  with  ".  .  .wheel  center  mem- 
ber that  is  contained.  .  ."  The  agency  has  determined 
that  this  conforming  amendment  is  necessary  to  make 
this  provision  consistent  with  the  listing  requirements 
in  S4.4. 


Effective  Date 
NHTSA  notes  that  section  103(c)  of  the  Vehicle  j' 
Safety  Act  requires  that  each  order  shall  take  effect  r®' 
no  sooner  than  180  days  from  the  date  the  order  is 
issued  unless  "good  cause"  is  shown  that  an  earlier 
effective  date  is  in  the  public  interest.  As  with  the  final 
rule,  NHTSA  believes  that  there  is  "good  cause"  not 
to  require  the  full  180  day  lead-in  period  given  that  it 
is  already  permissible  to  equip  vehicles  with  these  tires. 
In  addition,  these  amendments  will  provide  greater 
design  flexibility  in  the  production  and  testing  of  non- 
pneumatic  tires  without  imposing  any  mandatory 
requirement  on  manufacturers.  Because  the  amend- 
ments provide  manufacturers  with  additional  ways  to 
comply  with  the  requirements  adopted  in  the  final  rule, 
they  result  in  no  additional  burden  to  any  manufac- 
turer. In  addition,  the  public  interest  will  be  served  by 
not  delaying  the  introduction  of  these  alternative 
methods  of  compliance.  Therefore,  the  agency  has 
determined  that  there  is  good  cause  to  set  an  effective 
date  30  days  after  publication  of  this  notice. 

In  consideration  of  the  foregoing,  the  agency  is 
amending  Standard  No.  110,  Tire  Selection  andRirris, 
Standard  No.  120,  Tire  Selection  and  Rims  for  Motor 
Vehicles  Other  Than  Passenger  Cars,  and  Standard  No. 
129,  NewNon-PneuTnatic  Tiresfor  Passenger  Cars,  in 
Title  49  of  the  Code  of  Federal  Regulations  at  Part  571  . 
as  follows:  1.  In  §  571.110,  S6  is  revised  to  read  as  L .. 
follows: 

S6     Labeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assembies. 

Each  non-pneumatic  tire  or,  in  the  case  of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S6(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 
surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
S6(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on  ^ 
a  vehicle,  in  which  case  the  information  specified  in  Ps,l 
paragraphs  S6(a)  and  (b)  shall  only  be  required  on  the  ^ 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 


PART  571;  S129-PRE  24 


placed  on  the  tread  or  the  outermost  edge  of  the  tire 

and  is  not  obstructed  by  any  portion  of  any  non- 

^      pneumatic  rim  or  wheel  center  member  designated  for 

P      use  with  that  tire  in  this  standard  or  in  Standard  No. 

129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

2.  In  §  571.110,  S7  is  revised  to  read  as  follows: 


S7  Requirements  for  Passenger  Cars  Equipped 
with  Non-Pneumatic  Spare  Tire  Assemblies. 

57.1  Vehicle  Placarding  Requirements. 

A  placard,  permanently  affixed  to  the  inside  of  the 
vehicle  trunk  or  an  equally  accessible  location  adjacent 
to  the  non-pneumatic  spare  tire  assembly,  shall  display 
the  information  set  forth  in  S6  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

57.2  Supplementary  Information.  The  owner's 
manual  of  the  passenger  car  shall  contain,  in  writing 
in  the  English  language  and  in  not  less  than  10  point 
type,  the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 

>to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S6(a) 
and  (b)  and  either  the  information  set  forth  in  S4.3(e) 
or  a  statement  that  the  information  set  forth  in  S4.3(e) 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire; 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
tunity; and 

(c)  A  statement  that  operation  of  the  passenger  car 
is  not  recommended  with  more  than  one  non-pneumatic 
spare  tire  in  use  at  the  same  time. 

3.  In  §  571.120,  S8  is  revised  to  read  as  follows: 

S8  L  abeling  Requirements  for  Non-Pneumatic  Spare 
Tires  or  Tire  Assemblies. 

Each  non-pneumatic  tire  or,  in  the  case  .of  a  non- 
pneumatic  tire  assembly  in  which  the  non-pneumatic 
tire  is  an  integral  part  of  the  assembly,  each  non- 
pneumatic  tire  assembly  shall  include,  in  letters  or 
numerals  not  less  than  0.156  inches  high,  the  informa- 
tion specified  in  paragraphs  S8(a)  and  (b).  The  infor- 
mation shall  be  permanently  molded,  stamped,  or 
.  otherwise  permanently  marked  into  or  onto  the  non- 
I  pneumatic  tire  or  non-pneumatic  tire  assembly,  or  shall 
appear  on  a  label  that  is  permanently  attached  to  the 
tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be  sub- 


surface printed,  made  of  material  that  is  resistant  to 
fade,  heat,  moisture  and  abrasion,  and  attached  in  such 
a  manner  that  it  cannot  be  removed  without  destroy- 
ing or  defacing  the  label  on  the  non-pneumatic  tire  or 
tire  assembly.  The  information  specified  in  paragraphs 
SB(a)  and  (b)  shall  appear  on  both  sides  of  the  non- 
pneumatic  tire  or  tire  assembly,  except,  in  the  case  of 
a  non-pneumatic  tire  assembly  which  has  a  particular 
side  that  must  always  face  outward  when  mounted  on 
a  vehicle,  in  which  case  the  information  specified  in 
paragraphs  S8(a)  and  (b)  shall  only  be  required  on  the 
outward  facing  side.  The  information  shall  be  posi- 
tioned on  the  tire  or  tire  assembly  such  that  it  is  not 
placed  on  the  tread  or  the  outermost  edge  of  the  tire 
and  is  not  obstructed  by  any  portion  of  any  non- 
pneumatic  rim  or  wheel  center  member  designated  for 
use  with  that  tire  in  this  standard  or  in  Standard  No. 
129. 

(a)  FOR  TEMPORARY  USE  ONLY;  and 

(b)  MAXIMUM  50  M.P.H. 

4.  In  §  571.120,  S9  is  revised  to  read  as  follows: 

S9  Requirements  for  Vehicles  Equipped  with  Non- 
Pneumatic  Spare  Tire  Assemblies. 

59.1  Vehicle  Placarding  Requirements.  A  placard, 
permanently  affixed  to  the  inside  of  the  spare  tire 
stowage  area  or  equally  accessible  location  adjacent  to 
the  non-pneumatic  spare  tire  assembly,  shall  d,isplay 
the  information  set  forth  in  SB  in  block  capitals  and 
numerals  not  less  than  0.25  inches  high  preceded  by 
the  words  "IMPORTANT-USE  OF  SPARE  TIRE"  in 
letters  not  less  than  0.375  inches  high. 

59.2  Supplementary  Information.  The  owner's 
manual  of  the  vehicle  shall  contain,  in  writing  in  the 
English  language  and  in  not  less  than  10  point  type, 
the  following  information  under  the  heading 
"IMPORTANT-USE  OF  SPARE  TIRE": 

(a)  A  statement  indicating  the  information  related 
to  appropriate  use  for  the  non-pneumatic  spare  tire  in- 
cluding at  a  minimum  the  information  set  forth  in  S8(a) 
and  (b)  and  either  the  information  set  forth  in  S5.3.6 
or  a  statement  that  the  information  set  forth  in  S5.3.6 
is  located  on  the  vehicle  placard  and  on  the  non- 
pneumatic  tire. 

(b)  An  instruction  to  drive  carefully  when  the  non- 
pneumatic  spare  tire  is  in  use,  and  to  install  the  proper 
pneumatic  tire  and  rim  at  the  first  reasonable  oppor- 
tunity; and 

(c)  A  statement  that  operation  of  the  vehicle  is  not 
recommended  with  more  than  one  non-pneumatic  spare 
tire  in  use  at  the  same  time. 

5.  In  §  571.129,  S3  is  revised  so  that  the  definition  for 
"wheel  center  member"  reads  as  follows: 


PART  571;  S129-PRE  25 


Wheel  center  member"  means,  in  the  case  of  a  non- 
pneumatic  tire  assembly  incorporating  a  wheel,  a 
mechanical  device  which  attaches,  either  integrally  or 
separably,  to  the  non-pneumatic  rim  and  provides  the 
connection  between  the  non-pneumatic  rim  and  the 
vehicle;  or  in  the  case  of  a  non-pneumatic  tire  assem- 
bly not  incorporating  a  wheel,  a  mechanical  device 
which  attaches,  either  integrally  or  separably,  to  the 
non-pneumatic  tire  and  provides  the  connection  be- 
tween the  tire  and  the  vehicle. 

6.  In  §  571.129,  S4.3  is  revised  to  read  as  follows: 
Labeling  Requirements.  Each  non-pneumatic  tire  or, 
in  the  case  of  a  non-pneumatic  tire  assembly  in  which 
the  non-pneumatic  tire  is  an  integral  part  of  the  assem- 
bly, each  non-pneumatic  tire  assembly  shall  include,  in 
letters  or  numerals  not  less  than  0.078  inches  high,  the 
information  specified  in  paragraphs  S4.3(a)  through  (f). 
The  information  shall  be  permanently  molded,  stamped 
or  otherwise  permanently  marked  into  or  onto  the  non- 
pneumatic  tire  or  non-pneumatic  tire  assembly,  except 
that  the  information  specified  in  S4.3(d)  and  S4.3(g) 
may  appear  on  a  label  that  is  permanently  attached  to 
the  tire  or  tire  assembly.  If  a  label  is  used,  it  shall  be 
subsurface  printed,  made  of  a  material  that  is  resistant 
to  fade,  heat,  moisture,  and  abrasion,  and  attached  in 
such  a  manner  that  it  cannot  be  removed  without  des- 
troying or  defacing  the  label  on  the  non-pneumatic  tire 
or  tire  assembly.  The  information  shall  appear  on  both 
sides  of  the  non-pneumatic  tire  or  non-pneumatic  tire 
assembly,  except,  in  the  case  of  a  non-pneumatic  tire 
assembly  which  has  a  particular  side  that  must  always 
face  outward  when  mounted  on  a  vehicle,  in  which  case 
the  information  shown  in  paragraphs  S4.3(a)  through 
(g)  shall  only  be  required  on  the  outward  facing  side. 
The  information  shall  be  positioned  on  the  tire  or  tire 
assembly  such  that  it  is  not  placed  on  the  tread  or  the 
outermost  edge  of  the  tire  and  is  not  obstructed  by  any 
portion  of  any  non-pneumatic  rim  or  wheel  center  mem- 
ber designated  for  use  with  that  tire  in  S4.4  of  this  stan- 
dard or  in  49  CFR  §  571.110  or  49  CFR  §  571.120. 

(a)  The  non-pneumatic  tire  identification  code 
("NPTIC"); 

(b)  Load  rating,  which,  if  expressed  in  kilograms, 
shall  be  followed  in  parenthesis  by  the  equivalent  load 
rating  in  pounds,  rounded  to  the  nearest  whole  pound; 


(c)  For  a  non-pneumatic  tire  that  is  not  an  integral 
part  of  a  non-pneumatic  tire  assembly,  the  size  and  type 
designation  of  the  non-pneumatic  rim  or  wheel  center 
member  that  is  contained  in  the  submission  made  by 
a  manufacturer,  pursuant  to  S4.4(a),  or  in  one  of  the 
publications  described  in  S4.4(b)  for  that  tire's  non- 
pneumatic  tire  identification  code  designation; 

(d)  The  name  of  the  manufacturer  or  brand  name; 

(e)  The  symbol  DOT  in  the  manner  specified  in  Part 
574  of  this  chapter,  which  shall  constitute  a  certifica- 
tion that  the  tire  conforms  to  applicable  Federal  mo- 
tor vehicle  safety  standards; 

(f)  The  tire  identification  number  required  by  §  574.5 
of  this  chapter., 

(g)  The  labeling  requirements  set  forth  in  S6  of  Stan- 
dard No.  110  (S  571.110),  or  S8  of  Standard  No.  120 
(§  571.120). 

7.  In  §  571.129,  S5.3.2.2  is  revised  to  read  as  follows: 

S5.3.2.2     The  test  cleat  is  made  of  steel  and  has  the 
following  dimensions: 

(a)  Minimum  length  of  one  inch  greater  than  the 
maximum  tire  width  of  the  tire, 

(b)  Width  of  one-half  inch  with  the  surface  which  con- 
tacts the  tire's  tread  having  one-quarter  inch  radius, 
and 

(c)  Minimum  height  of  one  inch  greater  than  the 
difference  between  the  unloaded  radius  of  the  non- 
pneumatic  tire  assembly  and  the  maximum  radius  of 
the  non-pneumatic  rim  or  wheel  center  member,  if  used 
with  the  non-pneumatic  tire  assembly  being  tested. 


Issued  on  April  22,  1991. 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  19308 
April  26,  1991 


PART  571;  S129-PRE  26 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  129 

New  Non-Pneumatic  Tires  for  Passenger  Cars 

(Doclcet  No.  87-12;  Notice  3) 
RIN  2127-AC18 


51.  Scope.  This  standard  specifies  tire  dimensions 
and  laboratory  test  requirements  for  lateral  strength, 
strength,  endurance,  and  high  speed  performance;  de- 
fines the  tire  load  rating;  and  specifies  labeling  require- 
ments for  non-pneumatic  spare  tires. 

52.  Application.  This  standard  applies  to  new  tem- 
porary spare  non-pneumatic  tires  for  use  on  passenger 
cars. 

53.  Definitions. 

Carcass  means  the  tire  structure  except  for  the  tread 
which  provides  the  major  portion  of  the  tire's  capabili- 
ty to  deflect  in  response  to  the  vertical  loads  and  trac- 
tive forces  that  the  tire  transmits  from  the  roadway 
to  the  non-pneumatic  rim,  the  wheel  center  member, 
or  the  vehicle  and  which  attaches  to  the  vehicle  or  at- 
taches, either  integrally  or  separably,  to  the  wheel 
center  member  or  non-pneumatic  rim. 

Carcass  separation  means  the  pulling  away  of  the 
carcass  from  the  non-pneumatic  rim  or  wheel  center 
member. 

Chunking  means  the  breaking  away  of  pieces  of  the 
carcass  or  tread. 

Cracking  means  any  parting  within  the  carcass, 
tread,  or  any  components  that  connect  the  tire  to  the 
non-pneumatic  rim  or  wheel  center  member  and,  if  the 
non-pneumatic  tire  is  integral  with  the  non-pneumatic 
rim  or  wheel  center  member  any  parting  within  the 
non-pneumatic  rim,  or  wheel  center  member. 

Load  rating  means  the  maximum  load  a  tire  is  rated 
to  carry. 

Maximum  tire  width  means  the  greater  of  either  the 
linear  distance  between  the  exterior  edges  of  the  car- 
cass or  the  linear  distance  between  the  exterior  edges 
of  the  tread,  both  being  measured  parallel  to  the  roll- 
ing axis  of  the  tire. 

Non-pneumatic  rim  means  a  mechanical  device 
which,  when  a  non-pneumatic  tire  assembly  incor- 
porates a  wheel,  supports  the  tire,  and  attaches,  either 
integrally  or  separably,  to  the  wheel  center  member 
and  upon  which  the  tire  is  attached. 


Non-pneumatic  test  rim  means,  with  reference  to  a 
tire  to  be  tested,  any  non-pneumatic  rim  that  is  listed 
as  appropriate  for  use  with  that  tire  in  accordance  with 
S4.4. 

Non-pneumatic  tire  means  a  mechanical  device  which 
transmits,  either  directly  or  through  a  wheel  or  wheel 
center  member,  the  vertical  load  and  tractive  forces 
from  the  roadway  to  the  vehicle,  generates  the  trac- 
tive forces  that  provide  the  directional  control  of  the 
vehicle,  and  does  not  rely  on  the  containment  of  any 
gas  or  fluid  for  providing  those  functions. 

Non-pneumatic  tire  assembly  means  a  non-pneumatic 
tire,  alone  or  in  combination  with  a  wheel  or  wheel 
center  member,  which  can  be  mounted  on  a  vehicle. 

Non-pneumatic  tire  identification  code  means  an  al- 
phanumeric code  that  is  assigned  by  the  manufacturer 
to  identify  the  tire  with  regard  to  its  size,  application 
to  a  specific  non-pneiunatic  rim  or  wheel  center  mem- 
ber, or  application  to  a  specific  vehicle. 

Test  wheel  center  member  means,  with  reference  to 
a  tire  to  be  tested,  any  wheel  center  member  that  is 
listed  as  appropriate  for  use  with  that  tire  in  accor- 
dance with  S4.4. 

Tread  means  that  portion  of  the  tire  that  comes  in 
contact  with  the  road. 

Tread  separation  means  the  pulling  away  of  the  tread 
from  the  carcass. 

Wheel  means  a  mechanical  device  which  consists  of 
a  non-pneumatic  rim  and  wheel  center  member  and 
which,  in  the  case  of  a  non-pneumatic  tire  assembly  in- 
corporating a  wheel,  provides  the  connection  between 
the  tire  and  the  vehicle!;  or  in  the  case  of  a  non- 
pneumatic  tire  assembly  not  incorporating  a  wheel,  a 
mechanical  device  which  attaches,  either  integrally  or 
separably,  to  the  non-pneumatic  tire  and  provides  the 
connection  between  the  tire  and  the  vehicle.  (56  F.R. 
19308— April  26,  1991.  Effective:  May  28,  1991.)! 
Wheel  center  member  means,  in  the  case  of  a  non- 
pneumatic  tire  assembly  incorporating  a  wheel,  a 
mechanical  device  which  attaches,  either  integrally  or 
separably,  to  the  non-pneumatic  rim  and  provides  the 
connection  between  the  non-pneumatic  rim  and  the 
vehicle. 


(Rev.  4/26/91) 


PART  571;  S  129-1 


S4.     Requirements. 

54.1  Size  and  construction.  Each  tire  shall  be 
designed  to  fit  each  non-pneumatic  rim  or  wheel  center 
member  specified  for  its  non-pneumatic  tire  identifi- 
cation code  designation  in  a  listing  in  accordance  with 
section  S4.4. 

54.2  Performance  requirements. 

54.2.1  General.  Each  tire  shall  conform  to  the 
following: 

(a)  Its  load  rating  shall  be  that  specified  in  a  submis- 
sion made  by  a  manufacturer,  pursuant  to  S4.4(a),  or 
in  one  of  the  publications  described  in  S4.4(b)  for  its 
non-pneumatic  tire  identification  code  designation. 

(b)  It  shall  incorporate  a  tread  wear  indicator  that 
will  provide  a  visual  indication  that  the  tire  has  worn 
to  a  tread  depth  of  Vie  inch. 

(c)  It  shall,  before  being  subjected  to  either  the  en- 
durance test  procedure  specified  in  S5.4  or  the  high 
speed  performance  procedure  specified  in  S5.5,  exhibit 
no  visual  evidence  of  tread  or  carcass  separation, 
chunking  or  cracking. 

(d)  It  shall  meet  the  requirements  of  S4.2.2.5  and 
S4.2.2.6  when  tested  on  a  test  wheel  described  in 
S5.4.2.1  either  alone  or  simultaneously  with  up  to  5 
tires. 

54.2.2  Test  requirements. 

54.2.2.1  Test  sample.    For  each  test  sample  use: 

(a)  One  tire  for  physical  dimensions,  lateral  strength, 
and  strength  in  sequence; 

(b)  A  second  tire  for  tire  endurance;  and 

(c)  A  third  tire  for  high  speed  performance. 

54.2.2.2  Physical  Dimensions.  For  a  non- 
pneumatic  tire  assembly  in  which  the  tire  is  separable 
from  the  non-pneumatic  rim  or  wheel  center  member, 
the  dimensions,  measured  in  accordance  with  S5.1,  for 
that  portion  of  the  tire  that  attaches  to  that  non- 
pneumatic  rim  or  wheel  center  member  shall  satisfy 
the  dimensional  specifications  contained  in  the  submis- 
sion made  by  an  individual  manufacturer,  pursuant  to 
S4.4(a),  or  in  one  of  the  publications  described  in  S4.4(b) 
for  that  tire's  non-pneumatic  tire  identification  code 
designation. 

54.2.2.3  Lateral  strength.  There  shall  be  no  visual 
evidence  of  tread  or  carcass  separation,  cracking  or 
chunking,  when  a  tire  is  tested  in  accordance  with  S5.2 
to  a  load  of: 

(a)  1,500  pounds  for  tires  with  a  load  rating  less  than 
880  pounds; 

(b)  2,000  pounds  for  tires  with  a  load  rating  of  880 
pounds  or  more  but  less  than  1,400  pounds. 


(c)  2,500  pounds  for  tires  with  a  load  rating  of  1,400 
pounds  or  more,  using  the  load  rating  marked  on  the 
tire  or  tire  assembly. 

54.2.2.4  Tire  strength.  There  shall  be  no  visual  evi- 
dence of  tread  carcass  separation,  cracking  or  chunk- 
ing, when  a  tire  is  tested  in  accordance  with  S5.3  to 
a  minimum  energy  level  of: 

Load  Rating  Minimum  Energy  Level 

Below  880  pounds  1,950  inch  pounds 

880  pounds  and  above  2,600  inch  pounds 

54.2.2.5  Tire  endurance.  When  the  tire  has  been 
subjected  to  the  laboratory  endurance  test  specified  in 
S5.4,  using,  if  applicable,  a  non-pneumatic  test  rim  or 
test  wheel  center  member  that  undergoes  no  perma- 
nent deformation,  there  shall  be  no  visual  evidence  of 
tread  or  carcass  separation,  cracking  or  chunking.  In 
the  case  of  a  non-pneumatic  tire  assembly  in  which  the 
non-pneumatic  tire  is  an  integral  part  of  the  assembly, 
the  assembly  shall  undergo  no  permanent  deformation 
with  the  exception  of  wear  of  the  tread. 

54.2.2.6  High  speed  performance.  When  the  tire 
has  been  subjected  to  the  laboratory  high  speed  per- 
formance test  specified  in  S5.5,  using  if  applicable,  a 
non-pneumatic  test  rim  or  test  wheel  center  member 
that  undergoes  no  permanent  deformation,  there  shall 
be  no  visual  evidence  of  tread  or  carcass  separation, 
cracking  or  chunking.  In  the  case  of  a  non-pneumatic 
tire  assembly  in  which  the  non-pneumatic  tire  is  an  in- 
tegral part  of  the  assembly,  the  assembly  shall  under- 
go no  permanent  deformation  with  the  exception  of 
wear  of  the  tread. 

S4.3  Labeling  requirements.  [Each  non-pneumatic 
tire  or,  in  the  case  of  a  non-pneumatic  tire  assembly 
in  which  the  non-pneumatic  tire  is  an  integral  part  of 
the  assembly,  each  non-pneumatic  tire  assembly  shall 
include,  in  letters  or  numerals  not  less  than  0.078 
inches  high,  the  information  specified  in  paragraphs 
S4.3(a)  through  (f).  The  information  shall  be  perma- 
nently molded,  stamped  or  otherwise  permanently 
marked  into  or  onto  the  non-pneumatic  tire  or  non- 
pneumatic  tire  assembly,  except  that  the  information 
specified  in  S4.3(d)  and  S4.3(g)  may  appear  on  a  label 
that  is  permanently  attached  to  the  tire  or  tire  assem- 
bly. If  a  label  is  used,  it  shall  be  subsurface  printed, 
made  of  a  material  that  is  resistant  to  fade,  heat, 
moisture,  and  abrasion,  and  attached  in  such  a  manner 
that  it  cannot  be  removed  without  destroying  or  defac- 
ing the  label  on  the  non-pneumatic  tire  or  tire  assem- 
bly. The  information  shall  appear  on  both  sides  of  the 
non-pneumatic  tire  or  non-pneumatic  tire  assembly, 
except,  in  the  case  of  a  non-pneumatic  tire  assembly 
which  has  a  particular  side  that  must  always  face 


(Rev.  4/26/91) 


PART  571;  S  129-2 


k  outward  when  mounted  on  a  vehicle,  in  which  case  the 
P  information  shown  in  paragraphs  S4.3(a)  through  (g) 
shall  only  be  required  on  the  outward  facing  side.  The 
information  shall  be  positioned  on  the  tire  or  tire  as- 
sembly such  that  it  is  not  placed  on  the  thread  or  the 
outermost  edge  of  the  tire  and  is  not  obstructed  by  any 
portion  of  any  non-pneumatic  rim  or  wheel  center  mem- 
ber designated  for  use  with  that  tire  in  S4.4  of  this  stan- 
dard or  in  49  CFR  §  571.110  or  49  CFR  §  571.120. 

(a)  The  non-pneumatic  tire  identification  code 
(NPTIC) 

(b)  Load  rating,  which,  if  expressed  in  kilograms, 
shall  be  followed  in  parentheses  by  the  equivalent  load 
rating  in  pounds,  rounded  to  the  nearest  whole  pound; 

(c)  For  a  non-pneumatic  tire  that  is  not  an  integral 
part  of  a  non-pneumatic  tire  assembly,  the  size  and  type 
designation  of  the  non-pneumatic  rim  or  wheel  center 
member  that  is  contained  in  the  submission  made  by 
a  manufacturer,  pursuant  to  S4.4(a),  or  in  one  of  the 
publications  described  in  S4.4(b)  for  that  tire's  non- 
pneumatic  tire  identification  code  designation; 

(d)  The  name  of  the  manufacturer  or  brand  name; 

(e)  The  symbol  DOT  in  the  manner  specified  in  Part 
574  of  this  chapter,  which  shall  constitute  a  certifica- 

.      tion  that  the  tire  conforms  to  applicable  Federal  motor 
i     vehicle  safety  standards; 

(f)  The  tire  identification  number  required  by  §574.5 
of  this  chapter; 

(g)  The  labeling  requirements  set  forth  in  S6  of 
Standard  No.  110  (§571.110),  or  S8  of  Standard  No. 
120  (§571.120).  (56  F.R.  19308-April  26,  1991.  Effec- 
tive: May  28,  1991.)] 

S4.4  Non-pneumatic  tire  identification  code  and  non- 
pneumatic  rim/wheel  center  member  matching  informa- 
tion. For  purposes  of  this  standard,  S8  of  49  CFR 
571.110  and  SIO  of  49  CFR  571.120,  each  manufac- 
turer of  a  non-pneumatic  tire  that  is  not  an  integral 
part  of  a  non-pneumatic  tire  assembly  shall  ensure  that 
it  provides  a  listing  to  the  public  for  each  non-pneu- 
matic tire  that  it  produces.  The  listing  shall  include  the 
non-pneumatic  tire  identification  code,  tire  load  rating, 
dimensional  specifications  and  a  diagram  of  the  por- 
tion of  the  tire  that  attaches  to  the  non-pneumatic  rim 
or  wheel  center  member,  and  a  list  of  the  non-pneu- 
matic rims  or  wheel  center  members  that  may  be  used 
with  that  tire.  For  each  non-pneumatic  rim  or  wheel 
center  member  included  in  such  a  listing,  the  informa- 
tion provided  shall  include  a  size  and  type  designation 
^  for  the  non-pneumatic  rim  or  wheel  center  member  and 
P  dimensional  specifications  and  a  diagram  of  the  non- 
pneumatic  rim  or  portion  of  the  wheel  center  member 
that  attaches  to  the  tire.  A  listing  compiled  in  accor- 


dance with  paragraph  (a)  of  this  section  need  not  in- 
clude dimensional  specifications  or  a  diagram  of  the 
non-pneumatic  rim  or  portion  of  the  wheel  center  mem- 
ber that  attaches  to  the  tire  if  the  non-pneumatic  rim's 
or  portion  of  the  wheel  center  member's  dimensional 
specifications  and  diagram  are  contained  in  each  list- 
ing published  in  accordance  with  paragraph  (b)  of  this 
section.  The  listing  shall  be  in  one  of  the  following 
forms: 

(a)  Listed  by  manufacturer  name  or  brand  name  in 
a  document  furnished  to  dealers  of  the  manufacturer's 
tires  or,  in  the  case  of  non-pneumatic  tires  supplied  only 
as  a  temporary  spare  tire  on  a  vehicle,  in  a  document 
furnished  to  dealers  of  vehicles  equipped  with  the  tires, 
to  any  person  upon  request,  and  in  duplicate  to  the 
Office  of  Vehicle  Safety  Standards,  Crash  Avoidance 
Division,  National  Highway  Traffic  Safety  Administra- 
tion, U.S.  Department  of  Transportation,  Washington, 
D.C.  20590;  or 

(b)  Contained  in  publications,  current  at  the  date  of 
manufacture  of  the  tire  or  any  later  date,  of  at  least 
one  of  the  follovring  organizations: 

The  Tire  and  Rim  Association 

The  European  Tire  and  Rim  Technical  Organization 

Japan  Automobile  Tire  Manufacturers'  Association, 

Inc. 
Deutsche  Industrie  Norm 
British  Standards  Institute 
Scandinavian  Tire  and  Rim  Organization 
Tyre  and  Rim  Association  of  Australia 


S5.    Test  procedures. 

S5.1  Physical  dimensions.  After  conditioning  the 
tire  at  room  temperature  for  at  least  24  hours,  using 
equipment  with  minimum  measurement  capabilities  of 
one-half  the  smallest  tolerance  specified  in  the  listing 
contained  in  the  submission  made  by  a  manufacturer 
pursuant  to  S4.4(a),  or  in  one  of  the  publications 
described  in  S4.4(b)  for  that  tire's  non-pneumatic  tire 
identification  code  designation,  measure  the  portion  of 
the  tire  that  attaches  to  the  non-pneumatic  rim  or  the 
wheel  center  member.  For  any  inner  diameter  dimen- 
sional specifications,  or  other  dimensional  specifications 
that  are  uniform  or  uniformly  spaced  around  some  cir- 
cumference of  the  tire,  these  measurements  shall  be 
taken  at  least  six  points  around  the  tire,  or  if  specified, 
at  the  points  specified  in  the  listing  contained  in  the 
submission  made  by  an  individual  manufacturer;  pur- 
suant to  S4.4(a),  or  in  one  of  the  publications  described 
in  S4.4(b)  for  the  tire's  non-pneumatic  tire  identifica- 
tion code  designation. 


(Rev.  4/26/91) 


PART  571;  S  129-3 


Pivot  on  Centerline 
V"  of  Beam 


I [ 


(Beam  Horizontal) 


Non-Pneumatic 
Tire  Assembly 


Rotational  Axis  of 
Non-Pneumatic  Tire  Assembly 


Figure  1 .  -  Lateral  Force  Test  Fixture  (Dimension  in  Inches) 


Centerline 


End  View 


Front  View 


Figure  2.  -  Lateral  Force  Test  Block  (Dimension  in  Inches) 
Dimensional  Tolerance  is  ±0.050  in 


PART  571;  S  129-4 


^        S5.2     Lateral  strength. 

W        S5.^.1     Preparation  of  the  tire. 

55.2.1.1  If  applicable,  mount  a  new  tire  on  a  non- 
pneumatic  test  rim  or  test  wheel  center  member. 

55.2.1.2  Mount  the  tire  assembly  in  a  fixture  as 
shown  in  Figure  1  with  the  surface  of  the  tire  assem- 
bly that  would  face  outward  when  mounted  on  a  vehi- 
cle facing  toward  the  lateral  strength  test  block  shown 
in  Figure  2  and  force  the  lateral  strength  test  block 
against  the  tire. 

S5.2.2    Test  procedure. 

S5.2.2.1  Apply  a  load  through  the  block  to  the  tire 
at  a  rate  of  2  inches  per  minute,  with  the  load  arm 
parallel  to  the  tire  assembly  at  the  time  of  engagement 
and  the  first  point  of  contact  with  the  test  block  being 
the  test  block  centerline  shown  in  Figure  2,  at  the  fol- 
lowing distances,  B,  in  sequence,  as  shown  in  Figure  1: 

B  =  A  -  1  inch 

B  =  A  -  2  inches 

B  =  A  -  3  inches 

B  =  A  -  4  inches 

B  =  A  -  5  inches 

B  =  A  -  6  inches 
i  However,  if  at  any  time  during  the  conduct  of  the  test, 
the  test  block  comes  in  contact  with  the  non-pneumatic 
test  rim  or  test  wheel  center  member,  the  test  shall 
be  suspended  and  no  further  testing  at  smaller  values 
of  the  distance  B  shall  be  conducted.  When  tested  to 
the  above  procedure,  satisfying  the  requirements  of 
S4.2.2.3  for  all  values  of  B  greater  than  that  for  which 
contact  between  the  non-pneumatic  test  rim  or  test 
wheel  center  member  and  the  test  block  is  made,  shall 
constitute  compliance  to  the  requirements  set  forth  in 
S4.2.2.3. 

S5.3    Tire  strength. 

55.3.1  Preparation  of  the  tire. 

55.3.1.1  If  applicable,  mount  the  tire  on  a  non- 
pneumatic  test  rim  or  test  wheel  center  member. 

55.3.1.2  Condition  the  tire  assembly  by  room  tem- 
perature for  at  least  three  hours. 

55.3.2  Test  procedures. 

S5.3.2.1  Force  the  test  cleat,  as  defined  in  S5.3.2.2, 
with  its  length  axis  (see  S5.3.2.2(a))  parallel  to  the  roll- 
ing axis  of  the  non-pneumatic  tire  assembly,  and  its 
w  height  axis  (see  S5. 3. 2. 2(c)),  coinciding  with  a  radius 
m  of  the  non-pneumatic  tire  assembly,  into  the  tread  of 
the  tire  at  five  test  points  equally  spaced  around  the 
circumference  of  the  tire.  At  each  test  point,  the  test 


cleat  is  forced  into  the  tire  at  a  rate  of  two  inches  per 
minute  until  the  applicable  minimum  energy  level,  as 
shown  in  S4.2.2.4,  calculated  using  the  formula  con- 
tained in  S5.3.2.3,  is  reached. 

55.3.2.2  The  test  cleat  is  made  of  steel  and  has  the 
following  dimensions: 

[(a)  Minimum  length  of  one  inch  greater  than  the 
maximum  tire  width  of  the  tire, 

(b)  Width  of  one-half  inch  with  the  surface  which  con- 
tacts the  tire's  tread  having  one-quarter  inch  radius, 
and 

(c)  Minimum  height  of  one  inch  greater  than  the 
difference  between  the  unloaded  radius  of  the  non- 
pneumatic  tire  assembly  and  the  minimum  radius  of 
the  non-pneumatic  rim  or  wheel  center  member,  if  used 
with  the  non-pneumatic  tire  assembly  being  tested.  (56 
F.R.  19308— April  26,  1991.  Effective:  May  28,  1991.)! 

55.3.2.3  The  energy  level  is  calculated  by  the  fol- 
lowing formula: 

E  =  Energy  level,  inch-pounds; 
F  =  Force,  pounds;  and 
P  =  Penetration,  inches 

S5.4    Tire  Endurance. 

55.4.1  Preparation  of  the  tire. 

55.4.1.1  If  applicable,  mount  a  new  tire  on  a  non- 
pneumatic  test  rim  or  test  wheel  center  member. 

55.4.1.2  Condition  the  tire  assembly  to  100  ±  5°  F. 
for  at  least  three  hours. 

55.4.2  Test  procedure. 

55.4.2.1  Mount  the  tire  assembly  on  a  test  axle  and 
press  it  against  a  flat-faced  steel  test  wheel  67.23  inches 
in  diameter  and  at  least  as  wide  as  the  maximum  tire 
width  of  the  tire  to  be  tested  or  an  approved  equiva- 
lent test  wheel,  with  the  applicable  test  load  specified 
in  the  table  in  S5.4.2.3  for  the  tire's  non-pneumatic  tire 
identification  code  designation. 

55.4.2.2  During  the  test,  the  air  surrounding  the 
test  area  shall  be  100  ±5°  F. 

55.4.2.3  Conduct  the  test  at  50  miles  per  hour 
(m.p.h.)  in  accordance  with  the  following  schedule 
without  interruption  (the  loads  for  the  following  peri- 
ods are  the  specified  percentage  of  the  load  rating 
marked  on  the  tire  or  tire  assembly): 

Percent 

4  hours 85 

6  hours 90 

24  hours 100 


(Rev.  4/26/91) 


PART  571;  S129-5 


S5.4.2.4  Immediately  after  nmning  the  tire  the  re- 
quired time,  allow  the  tire  to  cool  of  one  hour,  then, 
if  applicable,  detach  it  from  the  non-pneumatic  test  rim 
or  test  wheel  center  member,  and  inspect  it  for  the  con- 
ditions specified  in  S4.2.2.5. 

S5.5     High  speed  endurance. 

55.5.1  After  preparing  the  tire  in  accordance  with 
S5.4.1,  if  applicable,  mount  the  tire  assembly  in  accor- 
dance with  S5. 4.2.1,  and  press  it  against  the  test  wheel 
with  a  load  of  88  percent  of  the  tire's  load  rating  as 
marked,  on  the  tire  or  tire  assembly. 

55.5.2  Break  in  the  tire  by  running  it  for  2  hours 
at  50  m.p.h. 

55.5.3  Allow  to  cool  to  100  ±5°  F. 


55.5.4  Test  at  75  m.p.h.  for  30  minutes,  80  m.p.h.     £^ 
for  30  minutes,  and  85  m.p.h.  for  30  minutes.  \^^ 

55.5.5  Immediately  after  running  the  tire  for  the 
required  time,  allow  the  tire  to  cool  for  one  hour,  then 
if  applicable,  detach  it  from  the  non-pneumatic  test  rim 
or  test  wheel  center  member,  and  inspect  it  for  the  con- 
ditions specified  in  S4.2.2.6. 

S6  Nonconforming  tires.  Any  non-pneumatic  tire 
that  is  designed  for  use  on  passenger  cars  that  does 
not  conform  to  all  the  requirements  of  this  standard, 
shall  not  be  sold,  offered  for  sale,  introduced  or  deli- 
vered for  introduction  into  interstate  commerce,  or  im- 
ported into  the  United  States,  for  any  purpose. 

55  F.R.  29581 
July  20,  1990 


c. 


< 


(Rev.  4/26/91) 


PART  571;  S  129- 


PREAMBLE  TO  FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  131 

School  Bus  Pedestrian  Safety  Devices 

(Docket  No.  90-01;  Notice  2) 

RIN:  2127-AD16 


ACTION:  Final  rule. 

SUMMARY:  This  notice  establishes  a  new  safety  stan- 
dard requiring  new  school  buses  to  be  equipped  with 
a  stop  signal  arm.  The  standard  requires  that  the  stop 
signal  arm  be  octagonal,  meet  minimum  specified 
dimensions,  and  have  the  word  "STOP"  in  white  letters 
on  a  background  which  is  red  with  a  white  border.  To 
increase  the  arm's  conspicuity,  the  new  standard  also 
requires  that  the  arm  be  either  reflectorized  or  have 
at  least  two  red  flashing  lamps.  The  standard  requires 
that  the  device  be  located  on  the  left  side  of  the  bus. 
The  standard  further  requires  that  it  be  automatically 
deployed,  at  a  minimum,  during  the  entire  time  that 
the  red  signal  lamps  required  by  Standard  No.  108  are 
activated.  In  addition,  the  standard  allows  a  means  by 
which  the  driver  could  manually  override  the  automatic 
mechanism,  provided  that  the  override  is  equipped  with 
an  audible  signal  to  prevent  permanent  engagement 
of  the  override. 

EFFECTIVE  DATE:  This  standard  becomes  effective 
September  1,  1992. 

SUPPLEMENTARY  INFORMATION: 

Background 
Although  statistics  about  school  bus  operation 
demonstrate  that  school  buses  provide  an  extremely 
safe  form  of  transportation,  the  agency  is  committed 
to  improving  school  bus  safety.  At  the  request  of 
Congress,  the  National  Academy  of  Sciences  (NAS) 
studied  school  bus  safety  to  determine  which  safety 
measures  would  be  "most  effective"  in  protecting 
school  children  while  boarding,  leaving,  and  riding  in 
school  buses.  (See  "Surface  Transportation  and 
Uniform  Relocation  Assistance  Act  of  1987,"  P.L. 
100-17.  204(a)  101  Stat.  219,  April  2,  1987.)  In  May 
1989,  the  National  Research  Council  (NRC),  an  agency 
of  the  NAS,  issued  a  report  entitled  "Improving  School 
Bus  Safety,"  Special  Report  No.  222.  Among  other 


things,  the  study  reviewed  relevant  crash  data  and 
potential  safety  measures  to  prevent  injuries  suffered 
by  pedestrians,  especially  students,  struck  by  a  school 
bus  or  a  vehicle  passing  the  bus. 


on  data  from  the  Fatal  Accident  Reporting 
System  (FARS)  for  the  years  1982  through  1986  about 
student-aged  children  killed  in  school  bus  related 
crashes,  the  NAS  report  concluded  that  in  an  average 
year,  12  of  those  killed  were  student-aged  passengers 
in  school  buses  or  vehicles  operated  as  school  buses, 
eight  were  passengers  of  other  vehicles,  and  38  were 
pedestrians  killed  after  being  struck  by  the  school  bus 
or  other  vehicle.  Of  the  38  pedestrian  fatalities,  approx- 
imately 26  were  killed  by  school  buses  or  vehicles  oper- 
ating as  school  buses.  The  other  12  pedestrian  fatalities 
resulted  from  pedestrians  being  struck  by  other  vehi- 
cles passing  a  school  bus  that  stopped  to  load  or  unload 
passengers.  An  independent  study  by  the  Kansas 
Department  of  Education  concluded  that  for  the  years 
1982  through  1988,  there  were  an  average  of  11 
children  killed  each  year  by  vehicles  passing  school 
buses  in  loading  zones.  NHTSA's  subsequent  analysis 
of  FARS  data  for  the  years  1982  through  1988  indi- 
cated that  about  half  of  the  bus-caused  pedestrian 
fatalities  (12  annually)  occurred  as  the  children  were 
boarding  or  leaving  the  bus. 

The  NAS  study  also  estimated  that  each  year  950 
pedestrians  are  injured  in  school  bus  loading  zones,  of 
which  it  assumed,  based  on  extrapolating  from  State 
data,  800  involve  student-aged  pedestrians.  Approxi- 
mately 525  of  these  pedestrians  are  injured  by  being 
struck  by  vehicles  other  than  the  school  bus;  the 
remainder  are  struck  by  the  school  bus.  Twenty  percent 
of  these  injuries  are  categorized  as  being  "incapacitat- 
ing injuries."  These  injuries  are  defined  by  the  Ameri- 
can National  Standards  Institute  (ANSI)  as  including 
any  injury  that  prevents  the  injured  person  from 
walking,  driving  or  normally  continuing  activities  he 
or  she  was  capable  of  performing  before  the  injury 
occurred.  These  include  severe  lacerations,  broken  or 


PART  571;  S131-PRE  1 


distorted  limbs,  skull  and  chest  injuries.  The  majority 
of  non-fatal  injuries  are  caused  by  vehicles  other  than 
the  school  bus  striking  the  student  pedestrian. 

These  data  about  pedestrians  indicate  that  despite 
an  apparent  downward  trend,  deaths  and  injuries 
caused  by  vehicles  passing  school  buses  remain  a 
significant  safety  problem.  The  data  also  indicate  that 
children  are  at  a  much  greater  risk  of  being  killed  while 
boarding  or  leaving  a  school  bus  than  they  are  while 
on  board  a  bus. 

The  1987  Act  directed  the  agency  to  review  the  NAS 
report  to  determine  safety  measures  that  were  poten- 
tially "most  effective"  in  improving  school  bus  safety. 
The  agency  issued  a  notice  endorsing  some  of  the 
recommendations  in  the  NAS  report,  finding  that  they 
had  the  potential  for  reducing  fatalities  and  injuries  to 
school  bus  users  (54  FR  29629,  July  13,  1989).  As  for 
equipment  intended  to  increase  pedestrian  safety  in 
school  bus  loading  zones,  the  agency  concluded  that 
programs  to  require  the  installation  of  stop  signal  arms 
and  crossview  mirrors  on  school  buses  were  potentially 
among  the  "most  effective"  in  improving  school  bus 
safety. 

A  stop  signal  arm  is  a  device  patterned  after  conven- 
tional "STOP"  signs  and  attached  to  the  left  side  of 
a  school  bus.  When  the  school  bus  stops,  the  stop  signal 
arm  extends  outward  from  the  bus.  Its  purpose  is  to 
alert  motorists  that  a  school  bus  has  stopped  or  is  stop- 
ping. In  considering  the  effectiveness  of  stop  signal 
arms,  the  NAS  report  emphasized  the  difficulty  in 
conclusively  determining  the  effectiveness  of  school  bus 
safety  measures.  Nevertheless,  the  NAS  report  cited 
studies  demonstrating  that  stop  signal  arms  are 
effective  in  reducing  illegal  passing  of  stopped  school 
buses,  thus  reducing  the  risk  to  pedestrians  struck  by 
other  vehicles  in  school  bus  loading  zones.  For  instance, 
a  1983  study  by  Hale  et  al.  indicated  that  school  buses 
equipped  with  8-light  systems  and  stop  signal  arms 
recorded  almost  40  percent  fewer  passing  violations 
than  buses  equipped  with  light  systems  but  not  the  stop 
signal  arm.  (Hale,  A.R.  et  al.  "Development  and  Test 
Rural  Pedestrian  Countermeasures,"  NHTSA  Report 
DTNH22-80-C07568.).  Similarly,  a  study  by  Brackett 
et  al.,  comparing  passing  violations  before  and  after 
school  buses  were  equipped  with  a  stop  signal  arm, 
estimated  that  passing  violations  could  be  reduced 
about  30  percent  through  the  use  of  stop  signal  arms. 
(Brackett,  R.Q.  et  al.  "School  Bus  Safety  Equipment 
Evaluation,"  Texas  Transportation  Institute,  The 
Texas  A&M  University  System,  College  Station,  TX, 
1984.) 

Based  on  these  considerations.  NHTSA  initiated  a 
series  of  efforts  to  assess  methods  to  improve  school 
bus  safety,  including  pedestrian  safety  in  school  bus 
loading  zones.  In  taking  these  steps,  NHTSA  empha- 
sized that  the  safety  record  of  school  buses  has  been 


excellent.  Although  school  buses  transport  many  more 
passengers  per  trip  than  other  vehicles,  the  occupant 
fatality  rate  per  vehicle  mile  driven  is  only  one-fourth      jjjj 
that  of  passenger  cars.  Similarly,  the  number  of  fatal-      \^^ 
ities  and  injuries  related  to  pedestrians  in  school  bus 
loading  zones  is  comparatively  small. 

Nevertheless,  because  of  the  special  concern  for  the 
well-being  of  school  children  and  because  each  fatality 
and  injury  involving  them  is  particularly  tragic, 
NHTSA  issued  two  notices  about  measures  intended 
to  reduce  the  risk  to  pedestrians  near  stopped  school 
buses.  One  notice  was  an  advance  notice  of  proposed 
rulemaking  (ANPRM)  to  obtain  information  about 
outside  cross-view  mirror  systems  and  other  equipment 
(e.g.,  crossing  control  arm  barriers,  audible  back-up 
warnings,  video  monitors,  and  proximity  detectors) 
intended  to  help  school  bus  drivers  detect  pedestrians, 
thus  preventing  pedestrians  from  being  struck  by 
school  buses  (54  F.R.  53127,  December  27,  1989).  The 
agency  is  reviewing  comments  to  that  notice  and 
expects  to  issue  a  subsequent  notice  soon.  A  second 
notice  proposed  a  new  safety  standard  to  require  school 
buses  to  be  equipped  with  a  stop  signal  arm  (55  FR 
3619,  February  2,  1990).  That  notice  provides  the 
starting  point  for  this  final  rule. 

Notice  of  Proposed  Rulemaking  on  Stop  Signal  Arms 

In  its  February  1990  notice,  the  agency  proposed  that  ^ 
the  stop  signal  arm  meet  minimum  size  requirements,  ft  1 
be  octagonal,  have  a  specified  color  scheme  (i.e.,  a  red 
background  with  a  white  border  and  the  word  "STOP" 
in  white  letters),  be  reflectorized,  and  be  installed  on 
the  left  side  of  the  bus.  The  notice  also  proposed  that 
the  stop  signal  arm  be  automatically  deployed 
whenever  the  red  signal  lamps  required  by  Standard 
No.  108  were  activated.  Finally,  the  notice  proposed 
to  allow  a  means  by  which  the  driver  could  manually 
override  the  automatic  deployment  mechanism. 

The  NPRM  addressed  several  issues  and  invited 
comments  about  stop  signal  arms  and  pedestrians 
struck  by  vehicles  passing  stopped  school  buses.  The 
notice  referred  to  the  previously  mentioned  studies 
evaluating  the  effectiveness  of  stop  signal  arms  and  the 
endorsement  of  their  use  by  the  NAS  report  and  by 
the  Tenth  National  Conference  on  School  Transporta- 
tion. The  latter  was  a  meeting  of  official  representa- 
tives of  State  Departments  of  Education,  local  school 
district  personnel,  contract  school  bus  operators, 
manufacturers,  and  others  interested  in  school  bus 
safety. 

The  notice  also  explained  that  although  no  Federal 
provision  requires  the  installation  of  a  stop  signal  arm 
on  school  buses,  some  Federal  provisions  are  designed       ^^ 
to  protect  student  pedestrians  in  the  vicinity  of  stopped       ^ 
school  buses.  First,  section  S5.1.4  of  Federal  Motor 
Vehicle  Safety  Standard  (FMVSS)  No.  108,  Lamps, 


PART  571;  S131-PRE  2 


Reflective  Devices,  and  Associated  Equipment,  (49 
CFR  571.108),  which  sets  forth  the  minimum  standard 
of  performance,  requires  school  buses  to  be  equipped 
with  either  four  red  lamps  (two  in  front  of  the  bus  and 
two  in  back  of  the  bus)  or  an  8-lamp  system  with  four 
amber  lamps  and  four  red  lamps.  The  red  lamps  are 
automatically  activated  when  the  bus  entrance  door  is 
opened.  Second,  Highway  Safety  Program  Guideline 
No.  17,  Pupil  Transportation  Safety  (23  CFR  1204.4, 
Guideline  17),  states  that  "(w)hen  vehicles  are  equipped 
with  stop  signal  arms,  such  devices  should  be  operated 
only  in  conjunction  with  red  signal  lamps."  (Section 
IV.B.3.(6)c.)  The  Highway  Safety  Program  Guidelines 
are  designed  to  provide  a  uniform  national  pupil  trans- 
portation safety  program  and  to  assist  the  States  in 
achieving  the  highest  level  of  safety  in  the  transporta- 
tion of  children  on  school  buses. 

The  NPRM  also  described  the  Society  of  Automotive 
Engineer's  recommended  practice,  SAE  J1133  APR 
84,  School  Bus  Stop  Arms,  which  is  not  binding  on  any 
manufacturer  or  school  bus  user.  That  practice  sets 
forth  test  procedures,  "requirements,"  and  guidelines 
for  school  bus  stop  signal  arms.  The  recommended 
practice  also  specifies  the  sign's  color  scheme,  the 
minimum  size,  and  the  inclusion  of  at  least  two  flash- 
ing lamps.  It  incorporates  vibration,  moisture,  dust, 
corrosion,  warpage,  durability,  and  flash  rate  tests  for 
the  lamps  and  sets  forth  requirements  for  luminous  in- 
tensity, color,  and  materials.  SAE  J1133  also  sets  forth 
"guidelines,"  for  photometric  design,  certain  design 
aspects,  installation,  and  activation. 

The  NPRM  also  explained  the  potential  Federalism 
implications  of  the  rulemaking.  As  of  December  1989, 
36  States  required  stop  signal  arms.  The  agency 
estimated  that  at  least  71  percent  of  new  school  buses 
were  being  equipped  with  stop  signal  arms.  The  notice 
explained  that  because  FMVSSs  set  forth  minimum 
standards  of  performance,  any  purchaser  of  school 
buses  may  order  from  a  school  bus  manufacturer  a 
school  bus  that  not  only  meets  but  exceeds  the  require- 
ments in  the  FMVSSs.  In  addition,  under  section  103(d) 
of  the  Vehicle  Safety  Act,  which  provides  for  the 
preemption  of  nonidentical  State  requirements  cover- 
ing the  same  aspect  of  performance  of  a  FMVSS,  a 
State  may  require  school  buses  "procured  for  its  own 
use"  to  meet  a  performance  standard  higher  than  the 
Federal  one.  After  noting  that  many  States  have  based 
their  stop  signal  arm  requirements  on  SAE  Jl  133,  the 
notice  described  the  stop  signal  arm  requirements  of 
certain  States. 

Comments  to  the  NPRM  and  the  Agency's  Response 
NHTSA  received  25  comments  in  response  to  the 
NPRM.  These  were  from  State  organizations,  school 
bus  and  school  bus  equipment  manufacturers,  associa- 
tions, school  bus  contractors,  and  individuals.  All  but 


two  commenters  agreed  with  the  general  proposal  to 
require  a  stop  signal  arm  on  school  buses.  Neverthe- 
less, commenters  had  many  different  opinions  on 
specific  requirements  about  the  design  and  operation 
of  stop  signal  arms.  The  agency  has  considered  the 
points  raised  in  the  comments  in  developing  the  final 
rule.  The  agency's  discussion  of  the  significant  com- 
ments and  other  relevant  information  is  set  forth 
below.  For  the  convenience  of  the  reader,  this  notice 
follows  the  NPRM's  order. 


General  Considerations 
Safety  Need 

The  proposal  first  asked  whether  there  was  a  safety 
need  for  requiring  the  installation  of  the  stop  signal 
arm.  Although  commenters  noted  the  difficulty  in 
obtaining  comparative  data  to  establish  a  safety  need 
for  the  requirement,  the  consensus  was  that  such  a 
safety  need  exists.  For  instance,  the  Washington 
Superintendent  of  Public  Instruction  (Washington) 
commented  that  there  was  "no  question"  about  the 
safety  need  for  stop  signal  arms.  The  Ohio  Department 
of  Education  stated  that  stop  signal  arms  are  directly 
related  to  better  student  safety.  Only  the  California 
Department  of  Education  (California  DOE)  and  the 
California  Highway  Patrol  (CHP)  believed  that  there 
was  no  safety  need. 

Given  the  data  and  recommendations  in  the  NAS 
report,  the  Hale  and  Brackett  studies  on  illegal  school 
bus  passes,  and  general  support  in  the  docket  com- 
ments for  stop  signal  arms,  the  agency  has  concluded 
that  a  safety  need  exists  for  better  controlling  the 
movement  of  vehicles  passing  stopped  school  buses 
during  the  loading  and  unloading  of  passengers.  The 
agency  notes  that  the  opposition  from  the  California 
entities  may  stem  from  that  State's  mandatory  student 
escort  program  that  requires  school  bus  drivers  to 
escort  elementary  school  children  across  the  street. 
Despite  California's  opposition,  the  agency  notes  that 
the  purpose  of  traffic  control  devices  is  to  "help  insure 
highway  safety  by  providing  for  the  orderly  and 
predictable  movement  of  traffic,  both  motorized  and 
non-motorized,  throughout  the  national  highway  trans- 
portation system,  and  to  provide  such  guidance  and 
warnings  as  are  needed  to  insure  the  safe  and  informed 
operation  of  individual  elements  of  the  traffic  stream." 
{Manual  on  Uniform  Traffic  Control  Devices  for  Streets 
and  Highways,  Federal  Highway  Administration,  1988, 
lA-1)  (emphasis  added).  The  Manual's  section  on 
"Traffic  Controls  for  School  Areas"  further  explained 
that  "(n)on-uniform  procedures  and  devices  cause 
confusion  among  pedestrians  and  vehicle  operators, 
prompt  wrong  decisions,  and  can  contribute  to  acci- 
dents. In  order  to  achieve  uniformity  of  traffic  control 
in  school  areas,  comparable  traffic  situations  must  be 


PART  571;  S131-PRE  3 


treated  in  the  same  manner."  This  goal  for  nationwide 
uniformity  among  the  States  to  reduce  confusion  neces- 
sitates requiring  all  school  buses  to  be  equipped  with 
a  stop  signal  arm.  Even  CHP  agreed  about  the  need 
for  nationwide  uniformity,  stating  that  a  "nationally 
consistent  equipment  requirement  [is  needed  so]  that 
every  school  bus  in  the  nation  should  send  the  same 
signals  to  other  motorists  to  stop  traffic." 

Effectiveness  of  Stop  Signal  Arms 
Based  on  the  previously  mentioned  studies  on  the 
effectiveness  of  school  buses  equipped  with  a  stop 
signal  arm  in  reducing  illegal  passing  of  stopped  school 
buses,  the  agency  tentatively  concluded  in  its  proposal 
that  such  a  requirement  would  reduce  the  number  of 
student  pedestrians  struck  by  vehicles  passing  stopped 
school  buses.  The  NPRM  requested  comments  about 
the  reasonableness  of  its  tentative  conclusion. 

In  response  to  that  request,  several  commenters 
provided  information  about  the  effectiveness  of  stop 
signal  arms.  The  Connecticut  Department  of  Motor 
Vehicles  (Connecticut),  the  Insurance  Institute  for 
Highway  Safety  (IIHS),  Mayflower  Contract  Services, 
the  Colorado  Department  of  Education  (Colorado),  the 
Florida  Department  of  Education  (Florida),  Kickert 
School  Bus  Lines  (Kickert),  and  the  Hawaii  Depart- 
ment of  Transportation  (Hawaii)  indicated  either  that 
they  believed  stop  signal  arms  are  effective  in  protect- 
ing pedestrians  near  stopped  buses  or  provided  infor- 
mation that  alluded  to  the  effectiveness  of  these 
devices.  Several  commenters  agreed  with  statements 
in  the  NAS  report  and  the  NPRM  about  the  difficulty 
in  empirically  determining  the  effectiveness  of  stop 
signal  arms.  Only  CHP  and  the  California  DOE  ques- 
tioned whether  school  bus  stop  signal  arms  would  be 
effective. 

Since  issuing  the  NPRM,  the  agency  has  analyzed 
further  information  indicating  that  stop  signal  arms  are 
effective  in  reducing  illegal  passing  of  stopped  school 
buses.  A  1986-1987  study  conducted  in  Henrico 
County,  Virginia,  a  jurisdiction  requiring  school  buses 
to  be  equipped  with  a  stop  signal  arm,  concluded  that 
each  school  bus  was  illegally  passed  an  average  of  1.25 
times  per  day.  In  contrast,  the  1984  study  conducted 
by  Brackett  in  Texas,  a  jurisdiction  in  which  school 
buses  were  not  equipped  with  stop  signal  arms,  con- 
cluded that  each  school  bus  was  illegally  passed  an 
average  of  2.8  times  per  day.  Aggregating  the  number 
of  illegal  passes  over  the  course  of  a  school  year  for 
those  school  buses  not  now  required  to  be  equipped 
with  a  stop  signal  arm  indicates  that  adoption  of  such 
a  requirement  will  result  in  millions  of  fewer  instances 
of  illegal  passing.  This  reduced  risk  of  illegal  passing 
of  stopped  school  buses,  in  turn,  should  reduce  the 
potential  for  injuries  and  fatalities  sustained  by  student 
pedestrians  in  such  illegal  passing  situations.  Because 


the  docket  comments  and  the  agency's  subsequent 
analysis  appear  to  confirm  the  agency's  initial  deter- 
mination that  stop  signal  arms  are  effective  in  reduc- 
ing the  risk  to  pedestrians  around  stopped  school  buses, 
the  agency  has  decided  to  require  school  buses  to  be 
equipped  with  a  stop  signal  arm. 

WhOe  the  number  of  illegal  passes  of  a  stopped  school 
bus  can  be  reduced  by  the  installation  of  stop  signal 
arms,  the  agency  encourages  the  States  to  educate 
motorists  more  fully  about  their  laws  on  the  stopping 
for  school  buses  that  are  loading  and  unloading 
students.  The  agency  also  encourages  State  and  local 
authorities  to  increase  their  enforcement  efforts  in  this 
area. 

The  Effect  of  a  Federal  Standard  on  the  States 
After  discussing  current  levels  of  stop  signal  arm 
usage  and  the  proposal's  anticipated  effect  on  the 
States  and  State  laws,  the  notice  invited  comments 
about  the  potential  impact  of  a  Federal  safety  standard 
on  existing  State  laws.  In  particular,  the  notice  asked 
whether  States  would  have  to  amend  their  laws  to 
comply  with  the  proposed  Federal  standard  in  light  of 
section  103(d)  of  the  Vehicle  Safety  Act. 

Of  the  12  State  organizations  that  commented  on  the 
proposal,  all  but  the  two  California  entities  favored  the 
proposal.  In  addition.  Blue  Bird  stated  that  a  Federal 
standard  was  necessary  to  promote  uniformity.  As  for 
specific  amendments  to  existing  laws,  CHP  stated  that 
the  California  Code  of  Regulations  would  have  to  be 
amended  if  a  stop  signal  arm  is  to  be  installed  on 
California  school  buses.  CHP  also  stated  that  the 
California  Vehicle  Code  would  have  to  be  amended  to 
permit  flashing  lights  if  such  lights  on  the  stop  signal 
arm  were  required.  Two  States  favoring  the  proposal 
stated  that  a  Federal  requirement  would  affect  their 
laws.  Florida  commiented  that  the  proposal's  perfor- 
mance and  locational  requirements  might  affect  their 
current  requirements.  The  Illinois  Department  of 
Transportation  (Illinois)  explained  that  it  would  have 
to  amend  its  regulation,  which  currently  requires  a  hex- 
agonal semaphore. 

After  reviewing  the  comments,  the  agency  concludes 
that  a  Federal  standard  requiring  a  stop  signal  arm  on 
school  buses  will  not  impose  significant  burdens  on  the 
States.  The  agency  has  determined  that  this  final  rule 
is  necessary  to  ensure  uniform  school  bus  stopping  and 
signalling  procedures  to  give  passing  motorists  a  con- 
sistent message,  even  though  this  action  will  require 
several  States  to  equip  their  school  buses  with  a  stop 
signal  arm  and  a  few  others  to  modify  their  laws.  It 
appears  that  those  States  having  to  modify  their  laws 
will  have  little  difficulty  in  enacting  the  necessary  legis- 
lation to  comply  with  the  new  safety  standard  and  sec- 
tion 103(d)  of  the  Vehicle  Safety  Act. 


PART  571;  S131-PRE  4 


Stop  Signal  Arm  Characteristics 
The  NPRM  proposed  that  the  stop  signal  arm  be  a 

»regTalar  octagon  in  shape,  be  on  a  red  background  with 
the  word  "STOP"  in  white  lettering  on  both  sides  and 
a  white  border,  be  at  least  a  specified  size,  and  be  reflec- 
torized.  The  proposal  also  requested  comments  on  the 
desirability  of  adopting  other  requirements,  including 
those  in  the  SAE  recommended  practice  about  flash- 
ing lights. 

As  for  the  stop  signal  arm's  shape,  the  NPRM  pro- 
posed that  it  be  patterned  after  conventional  octagonal 
highway  stop  signs  with  a  red  background  with  white 
lettering.  The  agency  reasoned  that  drivers  recognize 
the  meaning  of  octagonal  signs  and  have  been  condi- 
tioned to  stop  when  they  see  them.  The  notice  further 
explained  that  standardization  of  shape,  color  scheme, 
and  the  word  "STOP"  would  ensure  that  a  driver 
traveling  out-of-state  would  encounter  the  same 
familiar  stop  sign  design  throughout  the  country.  In 
addition,  the  proposal  noted  that  FE.W A' s  Manual  on 
Uniform  Traffic  Control  Devices  (1988)  requires  stop 
signs  to  have  these  characteristics  and  that  the  Tenth 
National  Conference  expressly  recommended  that  the 
stop  signal  arm  have  these  characteristics. 

In  response  to  the  proposal's  request  for  comments. 
Blue  Bird,  Colorado,  CHP,  the  National  Student  Trans- 
portation Association  (NSTA),  3M,  Superior  Coach, 
I  and  a  school  teacher  supported  the  proposal  to  stand- 
'  ardize  the  stop  signal  arm's  shape  and  color  scheme. 
Even  Illinois,  a  State  now  requiring  a  hexagonal  shaped 
sign,  did  not  object  to  standardizing  the  stop  signal 
arm's  shape.  Based  on  the  foregoing,  the  agency  is 
adopting  the  requirements  that  the  stop  signal  arm  be 
octagonal  in  shape  with  white  letters  and  a  white 
border  on  a  red  background,  as  set  forth  in  Figure  1 
of  the  final  rule. 

Minimum  Size  Requirements 
The  NPRM  also  proposed  to  specify  the  minimum 
size  of  the  sign  and  its  lettering.  Based  on  the  FHWA's 
"Standard  Alphabets  for  Highway  Signs,"  a  reference 
guide  specifying  the  size  and  appearance  of  letters  and 
numerals  used  on  highway  signs,  and  SAE  J1133's 
recommended  practice,  the  agency  proposed  to  require 
that  the  octagonal  stop  signal  arm  be  a  regular  octagon 
at  least  450  mm  x  450  mm  in  diameter  (approximately 
17.7  inches  x  17.7  inches),  that  the  white  border  be 
at  least  12  mm  wide  (approximately  0.47  inches),  and 
that  the  white  lettering  be  at  least  150  mm  (approxi- 
mately 5.9  inches)  in  height  and  have  a  stroke  width 
of  at  least  20  mm  (approximately  0.79  inches).  The 
proposal  asked  whether  the  proposed  size  specifications 
I  adopted  from  the  FHWA  practice  and  SAE  J1133 
W  should  be  incorporated  in  the  standard  and  whether 
stop  arms  and  lettering  meeting  these  proposed  size 
requirements  would  be  large  enough  to  be  seen  and 


understood  by  drivers  of  other  vehicles  approaching  a 
stopped  bus. 

In  response  to  these  proposals.  Blue  Bird,  Florida, 
and  NSTA  expressly  supported  specifying  the  sign's 
size.  In  addition,  the  agency  assumes  that  other  com- 
menters  who  generally  endorsed  the  proposal  implicitly 
agreed  to  the  proposed  size.  3M  believed  that  the 
proposed  size  might  be  inadequate  to  make  the  stop 
signal  arm  conspicuous,  especially  when  other  vehicles 
were  traveling  at  55  miles  per  hour. 

After  reviewing  the  proposal  on  minimum  size 
requirements  in  light  of  the  comments,  the  agency  has 
decided  to  adopt  the  size  requirements,  as  proposed. 
Despite  reservations  by  3M,  the  agency  concludes  that 
the  FHWA  guidelines  on  highway  signs,  specifications 
in  SAE  J1133,  and  real-world  experiences  of  States 
using  stop  signal  arms  indicate  that  the  proposed  mini- 
mum size  requirements  will  ensure  that  the  stop  signal 
arm  will  be  conspicuous  to  drivers  of  vehicles  approach- 
ing a  stopped  school  bus.  Given  that  States  may  speci- 
fy requirements  more  stringent  than  the  minimum 
requirements  adopted  in  this  notice,  those  States  who 
agree  with  3M's  concerns  may  equip  school  buses  with 
a  larger  stop  signal  arm. 


Conspicuity  of  Stop  Signal  Arms 
This  final  rule  discusses  reflectorization  and  flashing 
lights  together  because  both  measures  are  designed  to 
improve  the  conspicuity  of  stop  signal  arms  in  poor 
lighting  conditions.  NHTSA  proposed  requiring  stop 
signal  arms  be  reflectorized,  believing  that  reflectori- 
zation would  increase  the  stop  signal  arm's  conspicuity, 
especially  when  ambient  lighting  conditions  are  poor. 
The  proposal  requested  comments  about  the  need  for, 
costs  of,  and  requirements  related  to  reflectorization. 
The  agency  also  requested  comments  on  requiring 
flashing  lights  on  stop  signal  arms  based  on  provisions 
in  SAE  J1133. 

Several  commenters  addressed  reflectorization  and 
illumination  of  stop  signal  arms.  Colorado,  Florida, 
Superior  Coach,  and  a  teacher  stated  that  reflectori- 
zation together  with  illumination  were  effective  in 
increasing  the  conspicuity  of  stop  signal  arms  in  poor 
lighting  conditions.  As  for  requiring  reflectorization 
alone,  the  NSTA  opposed  such  a  requirement,  stating 
that  the  benefits  of  such  a  requirement  had  not  been 
established.  Carpenter  Body  Works  also  opposed 
requiring  reflectorization  in  any  situation.  Hawaii  and 
Washington  stated  they  do  not  require  their  stop  signal 
arms  to  be  reflectorized.  The  Virginia  Department  of 
Education  (Virginia)  preferred  that  reflectorization  be 
at  the  State's  option  due  to  its  additional  costs.  Illiilois 
and  the  Minnesota  Department  of  Transportation  (Min- 
nesota) also  stated  that  a  stop  signal  arm  with  lights 
should  be  allowed  as  an  option  to  reflectorization.  IIHS 


PART  571;  S131-PRE  5 


believed  that  flashing  lights  were  more  effective  than 
reflectorization  because  reflectorization  helps  con- 
spicuity  primarily  in  low  light  conditions  such  as  when 
headlights  on  other  vehicles  render  it  visible.  This  led 
IIHS  to  conclude  that  reflectorization  is  not  an  ade- 
quate substitution  for  flashing  lights  in  daylight  hours. 
In  contrast,  3M  advocated  requiring  the  use  of  reflec- 
torization as  a  "fail  safe"  system  that  would  provide 
high  visibility  during  darkness.  3M  criticized  the  use 
of  flashing  lights  which  might  fail,  which  could  "com- 
pete and  veil  the  sign  shape  and  message,"  and  which 
mean  different  things  under  different  conditions. 
Similarly,  CHP  opposed  flashing  lights,  stating  that 
motorists  might  become  jaded  to  the  importance  of 
their  message  in  their  uses  on  other  types  of  vehicles 
such  as  emergency  vehicles. 

Based  on  the  data  and  the  comments,  the  agency  has 
determined  that  it  is  necessary  to  increase  the  con- 
spicuity  of  stop  signal  arms  during  poor  lighting  con- 
ditions. While  the  K-DOT  school  bus  data  indicate  that 
most  children  are  killed  during  "daylight"  conditions, 
at  least  10  percent  are  killed  during  limited  light 
conditions  (e.g.,  dawn,  dusk,  dark).  In  addition,  10  to 
20  percent  of  the  fatalities  occur  during  cloudy,  rainy, 
snowy,  and  foggy  conditions,  which  affect  light  condi- 
tions. Finally,  the  majority  of  fatalities  occur  from 
November  to  March,  the  months  when  daylight  hours 
are  shorter  and  weather  conditions  poorer.  For  the 
above  reasons,  the  agency  has  decided  to  require 
measures  to  increase  the  conspicuity  of  stop  signal 
arms. 

Despite  the  agency's  conclusion  that  increased  con- 
spicuity of  stop  signal  arms  is  necessary,  neither  the 
comments  nor  independent  studies  conclusively  indi- 
cate that  one  approach  is  superior  to  the  other.  After 
reviewing  the  merits  of  reflectorization  and  flashing 
lights  to  increase  the  conspicuity  of  stop  signal  arms, 
particularly  during  poor  ambient  lighting  conditions, 
the  agency  has  determined  that  school  bus  manufac- 
turers and  purchasers  should  have  the  option  of  using 
either  a  reflectorized  stop  signal  arm  or  one  that  is 
equipped  with  at  least  two  red  flashing  lamps.  This 
would  enable  the  State  or  local  school  districts  to  follow 
their  own  particular  preference  to  improve  stop  sig- 
nal arm  conspicuity  during  limited  or  non-existing  light 
conditions.  They  could  decide  to  order  buses  with  stop 
signal  arms  that  are  both  reflectorized  and  equipped 
with  flashing  lamps.  This  decision  is  consistent  with  the 
statement  in  the  FHWA's  Manual  on  Uniform  Traffic 
Control  Devices  that  "signs  used  for  school  traffic 
control  shall  be  reflectorized  or  illuminated  when 
regularly  scheduled  classes  begin  or  end  during  hours 
of  darkness,  and  should  be  reflectorized  or  illuminated 
when  there  is  considerable  use  of  school  buildings  by 
children  during  hours  of  darkness."  (7B-5)  (emphasis 
added.) 


If  reflectorized,  both  sides  of  the  stop  signal  arm 
must  use  Type  III  retroreflectorized  material  that 
meets  Standard  Specifications  for  Construction  of     g^ 
Roads  and  Bridges  on  Federal  Highway  Projects,      \^  , 
FP-85,   FHWA  section  718   "Reflective  Sheeting" 
(1985),  as  set  forth  in  86. 1  and  Table  1  of  the  final  rule. 

If  flashing  lamps  are  used,  they  must  meet  the 
requirements  for  color,  flash  rate,  and  vibration, 
moisture,  dust,  corrosion,  photometry,  and  warpage, 
as  set  forth  in  S6.2  of  the  final  rule.  These  tests  are 
patterned  after  the  tests  in  certain  SAE  Recommended 
Practices:  for  color  in  SAE  J578,  Color  Specification 
for  electrical  signal  lighting  devices;  for  flash  rate  in 
SAE  J1054,  Warning  Lamp  Alternating  Flashers;  and 
for  vibration,  moisture,  dust,  corrosion,  photometry, 
and  warpage  in  SAE  J575,  Tests  for  Motor  Vehicle 
Lighting  Devices  and  Components  and  SAE  J133, 
School  Bus  Stop  Arm. 

The  NPRM  also  requested  comments  about  strobe 
lights  on  stop  signal  arms.  The  proposal  noted  that 
while  strobe  lights  might  prove  beneficial  in  school 
districts  operating  in  areas  prone  to  poor  visibility,  re- 
quiring all  school  buses  to  be  equipped  with  them  would 
be  expensive  without  providing  significant  additional 
safety  benefits  to  most  school  districts. 

Florida,  Illinois,  NSTA,  and  CHP  opposed  requiring 
strobe  lights  on  stop  signal  arms,  stating  that  they  were 
expensive  and  without  any  demonstrated  safety  /^^ 
benefit.  CHP  and  IIHS  stated  that  strobe  lights  had  V 
the  potential  to  make  the  stop  signal  arm  less  readable 
in  certain  situations.  Because  the  comments  confirm 
the  agency's  initial  concerns  about  strobe  lights,  the 
agency  continues  to  believe  that  strobe  lights  should 
not  be  required  on  stop  signal  arms. 

Location  of  Stop  Signal  Arm 
The  NPRM  proposed  that  the  stop  signal  arm  be  in- 
stalled on  the  left  side  of  the  bus.  The  agency  decided 
to  propose  this  general  requirement  about  stop  signal 
arm  location,  while  seeking  comments  on  more  specific, 
objective  locational  requirements.  The  proposal  ex- 
plained the  agency's  preference  for  more  precise  loca- 
tional requirements,  which  could  be  important  in 
increasing  the  conspicuity  of  stop  signal  arms. 

The  commenters  consistently  favored  locating  the 
stop  signal  arm  near  the  driver.  Colorado  stated  that 
it  requires  a  stop  signal  arm  to  be  mounted  outside  the 
bus  on  the  left  side  opposite  the  driver  and  immediately 
below  the  window.  Minnesota  commented  that  the  arm 
should  be  approximately  even  with  the  driver's  posi- 
tion. IIHS  stated  that  stop  signal  arms  typically  are 
located  near  the  driver  at  or  just  below  the  window  line.     |gg^ 
While  IIHS  was  not  aware  of  evidence  that  this  is  the     \^ ' 
only  effective  position  for  stop  signal  arms,  it  believed         ^ 
that  standardizing  the  location  would  reduce  motorist 


PART  571;  S131-PRE 


confusion.  Florida,  NSTA,  and  CHP  similarly  believed 
that  stop  signal  arms  should  be  located  near  where  they 

^    are  most  typically  located  today,  i.e.,  outside  the 

I  driver's  window.  CHP  also  stated  that  stop  signal  arms 
should  be  located  in  a  "transverse  vertical  plane  that 
passes  through  the  driver's  seat,"  but  out  of  the  reach 
of  the  passengers  who  might  play  with  it.  Florida  sug- 
gested that  the  top  of  the  sign  be  immediately  below 
the  window  line. 

At  a  July  1990  school  bus  transportation  conference, 
State  school  bus  transportation  personnel  expressed 
divergent  opinions  about  the  stop  signal  arm's  location 
relative  to  the  length  of  the  school  bus.  While  several 
States  said  they  install  the  device  near  the  driver's 
window,  other  States  explained  that  they  have  been 
installing  the  device  further  rearward  than  the  driver's 
window  because  the  device  may  be  more  visible  at  these 
locations  if  the  school  bus  is  stopped  at  an  angle  to  the 
road.  California  stated  that  given  their  escort  program 
in  which  the  bus  driver  holds  a  stop  sign  at  the  front 
of  the  school  bus,  placing  the  stop  signal  arm  near  the 
bus's  rear  would  be  more  effective. 

Based  on  the  goal  for  standardization,  views  of  State 
school  transportation  personnel  about  effective  loca- 
tions for  stop  signal  arms,  typical  location  of  these 
devices  now  in  use,  and  the  Vehicle  Safety  Act's  direc- 
tive that  safety  standards  specify  objective  require- 
ments, S5.4.1  of  the  final  rule  requires  that  school 

I  buses  be  equipped  with  one  stop  signal  arm  installed 
on  the  left  side  of  the  bus  so  that  when  extended  it  shall 
(1)  be  perpendicular  to  the  side  of  the  bus,  plus  or 
minus  five  degrees;  (2)  have  the  top  edge  of  the  octa- 
gon parallel  to  and  within  6  inches  of  a  horizontal  plane 
passing  through  the  lower  edge  of  the  driver's  window 
frame;  and  (3)  have  the  vertical  centerline  of  the  stop 
sign  be  at  least  9  inches  away  from  the  school  bus  body 
when  the  sign  is  extended.  The  agency  believes  that 
these  requirements  provide  uniform  locational  specifi- 
cations while  providing  users  flexibility  to  install  stop 
signal  arms  consistent  with  their  experiences  with 
these  devices. 

Florida  and  CHP  raised  the  issue  of  "dual"  stop 
signal  arms  on  longer  school  buses.  Florida  stated  that 
it  will  require  dual  stop  arms  on  its  new  school  buses 
over  23  feet  in  length.  CHP  stated  that  the  agency 
should  require  only  one  stop  signal  arm,  but  if  a  bus 
is  equipped  with  a  second  stop  signal  arm,  then  "the 
forward  stop  arm  should  be  blank  on  the  rearward  side, 
and  the  rearward  stop  arm  should  be  blank  on  the 
forward  side." 

In  response  to  these  comments,  the  agency  has 
decided  to  permit  school  buses  to  be  equipped  with  a 
second  stop  signal  arm.  Motorists  following  the  school 

■  bus  wall  see  two  stop  signs,  thus  reinforcing  the 
message  that  they  are  to  stop  behind  a  stopped  bus  and 
not  pass  it.  The  optional  second  (rear)  stop  signal  arm 


must  comply  with  all  the  requirements  for  the  manda- 
tory stop  signal  arm,  except  that  its  front  must  be 
blank.  The  purpose  of  this  latter  requirement  is  to  avoid 
confusion  for  drivers  approaching  a  stopped  bus  from 
the  front. 

Activation  and  Override  of  Stop  Signal  Arms 

As  for  the  operation  of  a  bus's  stop  signal  arm,  the 
NPRM  proposed  that  it  be  automatically  deployed 
whenever  the  bus's  red  signal  lamps  required  by  S5.1.4 
of  Standard  No.  108  are  activated,  i.e.,  when  the  bus 
is  in  service  and  the  entrance  door  is  opened.  The  notice 
also  proposed  to  allow,  but  not  to  require,  a  manual 
override,  reasoning  that  while  it  would  be  worthwhile 
to  permit  a  manual  override,  it  should  not  be  required 
given  cost  and  engineering  considerations  associated 
with  an  override.  The  proposal  explained  that,  at  times, 
a  manual  override  might  be  necessary  to  allow  the  stop 
signal  arm  to  act  independently  from  its  automatic  ac- 
tivation. For  instance,  when  the  weather  is  cold,  the 
bus  driver  may  wish  to  keep  the  school  bus  door  closed 
but  have  the  stop  signal  arm  activated  while  a  child 
crossed  the  street  to  board  the  bus.  Similarly,  when 
a  bus  has  stopped  at  a  railroad  crossing  and  the  driver 
opens  a  door  to  check  for  approaching  trains,  the  stop 
signal  arm  need  not  or  should  not  be  activated  while 
the  door  needs  to  be  opened. 

The  NPRM  sought  comments  on  the  activation  and 
override  of  stop  signal  arms.  The  agency  was  concerned 
about  the  possibility  that  an  override  device  could 
permit  a  driver  to  override  "permanently"  the  mecha- 
nism for  automatically  deploying  the  stop  signal  arm 
as  long  as  the  override  device  was  activated.  This  would 
negate  the  safety  benefits  obtained  from  the  stop  signal 
arm. 

In  commenting  about  permitting  a  manual  override, 
several  States  commented  on  the  proposal  about  tying 
the  deployment  of  the  stop  signal  arm  to  the  activa- 
tion of  the  red  stop  signal  lamps  required  by  Standard 
108,  i.e.,  the  stop  signal  arm  would  be  automatically 
deployed  when  the  bus  entrance  door  is  opened  and 
those  lamps  are  activated.  Washington,  Illinois,  and 
Florida  each  opposed  tying  the  stop  signal  arm  deploy- 
ment to  the  red  signal  lamp  activation  and  suggested 
methods  of  stop  signal  arm  activation  other  than  open- 
ing the  door.  These  States  believed  that  their  systems 
increased  safety  by  preventing  school  children  from 
leaving  the  bus  before  the  driver  had  adequately  con- 
trolled traffic. 

Washington  recommended  a  procedure  in  which  the 
bus  driver  would  activate  the  flashing  red  lamps  by 
extending  the  stop  signal  arm  while  the  service  door 
remained  closed  to  keep  the  students  ^thin  the  bus. 
The  driver  would  only  open  the  door  after  checking  for 
stopped  traffic.  To  accomplish  its  suggestion,  Wash- 
ington recommended  eliminating  the  door  switch  in 


PART  571;  S131-PRE  7 


FMVSS  No.  108,  requiring  a  separate  control  for  the 
stop  signal  arm  independent  of  the  switch  that  opens 
the  door,  and  requiring  that  whenever  the  stop  signal 
arm  is  extended,  the  flashing  red  lamps  must  operate. 
Illinois  recommended  that  stop  signal  arm  operation 
be  patterned  after  its  four-step  procedure:  (1)  activate 
the  amber  lights  by  hand  or  foot  control;  (2)  upon  a 
complete  stop,  desecure  but  do  not  open  the  service 
door,  which  turns  off  the  flashing  amber  lights  and 
turns  on  the  flashing  red  lamps  and  extends  the  stop 
signal  arm;  (3)  when  traffic  is  clear,  open  the  service 
door  with  the  red  signal  still  activated  and  the  stop 
signal  arm  still  extended;  and  (4)  close  and  secure  the 
service  door  with  the  red  lamps  going  off  and  the  stop 
arm  retracting.  Florida  recommended  having  drivers 
activate  the  stop  signal  arm  before  opening  the  serv- 
ice door  and  opposed  activation  by  the  door  switch 
alone.  Florida  advocated  its  current  procedure,  requir- 
ing a  three-position  switch  that  controls  the  warning 
lights  and  the  stop  signal  arm  and  stops  traffic  before 
the  door  is  opened. 

After  reviewing  the  proposal  in  light  of  these  com- 
ments, the  agency  has  decided  to  adopt  the  require- 
ment, as  proposed.  Accordingly,  a  stop  signal  arm  must 
automatically  extend,  at  a  minimum,  whenever  the  red 
signal  lamps  required  by  S5.1.4  of  Standard  108  are 
activated.  The  agency  emphasizes  any  system  of  acti- 
vation is  permissible  provided  the  stop  signal  arm  is 
extended  during,  at  least,  the  entire  time  that  the  red 
warning  lamps  are  activated.  Accordingly,  the  systems 
described  by  Washington,  Illinois,  and  Florida  are 
permissible  under  the  final  rule  and  appear  to  serve 
the  interests  of  safety.  The  agency  nevertheless  has 
decided  not  to  set  forth  specific  requirements  regard- 
ing these  systems,  because  such  specific  requirements 
would  be  beyond  the  scope  of  the  proposal  and  may 
overburden  or  otherwise  adversely  affect  States  using 
other  means  of  stop  signal  arm  deployment.  For  in- 
stance, adopting  Illinois 's  system  would  mandate  the 
now  optional  8-lamp  system.  Nevertheless,  given  the 
potential  advantages  of  these  systems  in  better  con- 
trolling traffic,  the  agency  encourages  States  to  con- 
sider such  a  means  for  activating  stop  signal  arms. 

As  for  manual  override  devices,  Connecticut  stated 
that  it  allows  an  override  that  can  extend  or  withdraw 
the  stop  signal  arm  regardless  of  its  normal  operation, 
claiming  that  this  eliminates  damage  to  vehicles.  Ohio 
requires  an  emergency  system  for  extending  stop 
signal  arms  and  operating  the  red  light.  Minnesota 
commented  that  a  manual  override  of  the  stop  signal 
arm  should  also  override  the  8-lamp  warning  system. 
Illinois  opposed  allowing  a  manual  override  because  it 
might  be  inadvertently  left  activated,  preventing  the 
stop  arm  from  being  extended  when  the  bus  was 
stopped  to  load  or  discharge  passengers.  NSTA 
opposed  such  an  override,  claiming  that  there  was  no 
need  for  it  and  that  the  driver  could  easily  forget  that 
the  override  was  deployed,  thus  creating  a  permanent 


override.  IIHS  commented  that  an  override  should  be 
permitted  only  if  there  was  a  provision  reminding  the 
bus  operator  of  the  override's  activation.  IIHS  recom-    m^, 
mended  that  a  manual  override  system  include  audi-    ^  ^ 
ble  and  visible  reminders  that  would  activate  whenever 
the  override  is  on  and  the  bus  is  in  use. 


on  the  agency's  tentative  conclusions  in  the 
NPRM  and  comments  about  the  benefits  from  permit- 
ting a  manual  override  device,  the  agency  has  con- 
cluded that  there  is  adequate  reason  to  permit  an 
override  device.  This  is  especially  true  when  school 
buses  are  used  in  non-school  charter  service  where  the 
use  of  the  stop  signal  arm  is  prohibited  by  State  law. 
However,  to  prevent  permanent  override,  the  mecha- 
nism for  operating  the  override  must  be  located  within 
the  driver's  reach.  Further,  the  bus  must  be  equipped 
with  a  continuous  or  intermittent  signal,  which  is 
audible  to  the  driver  and  which  operates  whenever  the 
engine  is  running  and  the  override  is  activated. 

When  school  buses  are  used  for  non-school  purposes, 
the  agency  is  concerned  that  an  audible  signal,  without 
any  time  limit,  could  become  annoying  to  the  driver  and 
passengers  during  long  boarding  and  unloading  oper- 
ations and  could  be  the  cause  of  permanent  disablement 
of  the  audible  signal.  As  stated  earlier,  the  purpose  of 
the  audible  signal  is  to  ensure  that  the  stop  signal  arm 
is  not  permanently  overriden.  As  a  result,  the  agency 
has  determined  that  it  would  be  beneficial  to  allow 
audible  override  signals  on  buses  to  be  equipped  with  tC 
a  timer  that  requires  the  signal  for  at  least  60  seconds.  \ 
The  60-second  time  limit  was  chosen  since  it  represents 
an  adequate  time  for  the  bus  driver  to  recognize  the 
audible  signal  over  any  roadside  noises  and  to  realize 
that  the  stop  signal  arm's  manual  override  is  engaged. 
If  a  time  limit  device  is  used  with  the  audible  signal, 
it  must  automatically  recycle  every  time  the  service 
entry  door  is  opened  while  the  engine  is  running  and 
the  manual  override  is  engaged. 

Miscellaneous  Issues: 
The  NPRM  also  sought  comments  on  issues  related 
to  but  outside  the  scope  of  this  rulemaking.  These 
issues  include  the  merits  of  equipping  a  school  bus  with 
an  external  loud  speaker  and  increasing  the  conspicuity 
of  school  bus  bumpers  with  a  fluorescent  paint.  Those 
interested  in  these  issues  should  review  this  rulemak- 
ing's docket,  especially  for  comments  by  Washington, 
NSTA,  Virginia,  3M,  Superior  Coach,  Florida,  and  Ram 
Guard.  As  mentioned  in  the  NPRM,  the  agency  plans 
to  use  this  information  when  considering  future  school 
bus  safety  measures. 

Effective  Date 
The  effective  date  of  this  final  rule  is  September  1,    ^g 
1992.  Even  though  stop  signal  arms  are  now  available,   \^ 
some  leadtime  is  necessary  because  a  few  States  need 
to  amend  their  legislative  or  administrative  codes. 


PART  571;  S131-PRE 


In  addition,  bus  manufacturers  need  time  to  order  the 

»  devices  from  equipment  manufacturers.  Accordingly, 
the  agency  has  decided  to  make  this  rule  effective  on 
September  1,  1992. 

Economic  and  Other  Impacts 
NHTSA  has  considered  the  costs  and  other  impacts 
of  this  rulemaking,  and  has  prepared  and  placed  a  Final 
Regulatory  Evaluation  (FRE)  in  the  Docket.  Based  on 
this  evaluation,  the  agency  has  determined  that  the 
rulemaking  is  not  "major"  within  the  meaning  of 
Executive  Order  12291.  Given  general  public  and 
Congressional  interest,  the  agency  has  determined  that 
it  is  "significant"  within  the  meaning  of  the  Depart- 
ment of  Transportation's  regulatory  policies  and 
procedures. 

The  NPRM  calculated  the  annual  additional  con- 
sumer cost  of  buying  school  buses  equipped  with  a  stop 
signal  arm  by  multiplying  the  unit  price  of  equipping 
new  school  buses  with  this  device  by  the  number  of 
school  buses  affected  by  the  requirement.  Based  on 
several  studies,  the  proposal  estimated  the  unit  cost 
for  a  reflectorized  stop  signal  arm  to  be  approximately 
$300.  The  agency  calculated  that  approximately  10,900 
school  buses  would  be  affected  by  the  requirement,  i.e., 
of  approximately  38,700  new  school  buses  manufac- 
tured each  year,  28.7  percent  of  currently  operating 
i  school  buses  were  not  equipped  with  a  stop  signal  arm. 
Therefore,  the  proposal  concluded  that  the  approxi- 
mate aggregate  annual  cost  of  this  requirement  would 
be  $300  per  reflectorized  stop  signal  arm  without  flash- 
ing lights  X  10,900  school  buses  presently  sold  without 
stop  signal  arms  for  a  total  of  $3,270,000. 

Two  school  bus  manufacturers  and  several  States 
responded  to  the  proposal's  request  for  information 
about  the  costs  of  requiring  school  buses  to  be  equipped 
with  a  stop  signal  arm.  Blue  Bird  and  Thomas  Built 
provided  unit  cost  estimates  ranging  from  $200  to  $300 
for  stop  signal  arms  with  different  characteristics,  e.g., 
reflectorized,  with  flashing  lights,  etc.  and  different 
means  of  activation.  Blue  Bird  further  explained  that, 
based  on  its  sales  records  for  the  1989  model  year,  67 
percent  of  all  its  new  school  buses  were  equipped  with 
a  stop  signal  arm.  Florida  commented  that  it  requires 
two  stop  signal  arms  for  buses  exceeding  23  feet  and 
that  the  second  arm  costs  between  $125  and  $200. 
Illinois,  Hawaii,  and  Washington  commented  that  the 
cost  of  installing  the  proposed  stop  signal  arm  com- 
pared to  the  sign  they  now  require  would  not  be  sig- 
nificant. California  stated  the  total  cost  of  retrofitting 
its  21,400  buses  would  exceed  $8  milHon. 
^  The  agency  has  revised  its  initial  cost  estimate  based 
W  on  the  comments  and  additional  information.  It  now 
estimates  that  the  unit  cost  for  requiring  school  buses 
to  be  equipped  with  a  stop  signal  arm  will  be  between 
$200  and  $300.  The  agency  also  has  modified  its  esti- 


mates about  the  number  of  school  buses  affected  by  this 
final  rule.  Based  on  the  data  supplied  by  Blue  Bird,  the 
agency  believes  that  33  percent  of  the  38,700  new 
school  buses  manufactured  each  year  are  not  equipped 
with  stop  signal  arms.  Therefore,  the  agency  now 
estimates  that  12,800  new  school  buses  will  be  affected 
by  this  final  rule.  Stop  signal  arms  can  be  vacuum,  air, 
or  electrically  operated.  Bluebird  provided  installation 
rates  for  the  three  types  of  systems  for  the  1989  model 
year  as  follows:  vacuum  —18  percent;  air  —46  percent; 
and  electric  —36  percent.  Estimating  installed  prices 
of  $200,  $250,  and  $300  for  vacuum,  air,  and 
electrically-operated  systems,  respectively,  and  apply- 
ing Bluebird's  installation  rates  for  the  three  types  of 
systems,  produces  an  estimated  annual  cost  of 
$3,315,000  for  this  rulemaking. 

In  response  to  California's  concern  about  the  costs 
for  retrofitting  school  buses  currently  in  use,  NHTSA 
emphasizes  that  its  safety  standards  apply  to  the 
manufacture  and  sale  of  new  school  buses.  Therefore, 
this  rulemaking  does  not  require  any  State  or  local 
jurisdiction  to  install  this  device  on  school  buses  now 
in  use. 

As  explained  in  the  earlier  discussion  about  the  ef- 
fectiveness of  stop  signal  arms,  the  agency  estimates 
that  the  effectiveness  of  these  devices  ranges  between 
30  to  55  percent.  Although  no  conclusive  relationship 
can  be  demonstrated  between  illegal  passes  and  injuries 
and  fatalities,  each  illegal  pass  of  a  stopped  school  bus 
has  the  potential  of  striking  a  student  in  a  loading  zone. 
As  elaborated  in  the  FRE,  requiring  the  installation 
of  stop  signal  arms  should  reduce  the  number  of  illegal 
passes  by  millions  of  incidents  each  year. 

NHTSA  has  considered  the  effects  of  this  action 
under  the  Regulatory  Flexibility  Act.  I  hereby  certify 
that  it  will  not  have  a  significant  economic  impact  on 
a  substantial  number  of  small  entities.  School  bus 
manufacturers  are  generally  not  small  businesses 
within  the  meaning  of  the  Regulatory  Flexibility  Act. 
Small  governmental  units  and  small  organizations  are 
generally  affected  by  amendments  to  the  Federal 
motor  vehicle  safety  standards  as  purchasers  of  new 
school  buses.  However,  any  impact  on  small  entities 
from  this  action  will  be  minimal  since  the  price  increase 
resulting  from  this  rule  is  approximately  $200  to  $300, 
a  small  fraction  of  the  purchase  price  of  a  bus,  which 
can  range  from  $20,000  to  more  than  $60,000.  Accord- 
ingly, the  agency  has  determined  that  preparation  of 
a  regulatory  flexibility  analysis  is  unnecessary. 

NHTSA  has  also  analyzed  this  rulemaking  action  for 
purposes  of  the  National  Environmental  Policy  Act. 
The  agency  has  determined  that  implementation  of  this 
action  would  not  have  any  significant  impact  on  the 
quality  of  the  human  environment. 

This  rulemaking  has  been  analyzed  in  accordance 
with  the  principles  and  criteria  contained  in  Executive 
Order  12612,  and  NHTSA  has  determined  that  it  does 


PART  571;  S131-PRE  9 


not  have  sufficient  Federalism  implications  to  warrant 
preparation  of  a  Federalism  Assessment. 

In  its  analysis,  the  agency  considered  the  rule- 
making's likely  effect  on  the  States  and  possible  alter- 
natives to  the  rulemaking.  The  agency  has  determined 
that  States  increasingly  are  requiring  school  buses  to 
be  equipped  with  a  stop  signal  arm,  with  36  States  now 
requiring  them.  Though  the  rule  will  result  in  school 
buses  being  equipped  with  this  device  in  14  States  not 
now  requiring  them,  the  agency  has  determined  that 
the  rule  is  necessary  to  promote  nationwide  uniform- 
ity in  sending  the  same  signal  to  motorists  traveling 
near  stopped  school  buses.  Of  the  12  State  organiza- 
tions commenting  on  the  proposal,  all  but  the  Califor- 
nia DOE  favored  the  rulemaking.  In  addition,  the 
Tenth  and  Eleventh  National  Conferences  on  School 
Transportation,  meetings  attended  by  State  represen- 
tatives interested  in  pupil  transportation,  recom- 
mended that  school  buses  be  equipped  with  a  stop 
signal  arm.  As  this  preamble  explained  earlier,  the  new 
Federal  standard  provides  a  minimum  requirement 
that  the  States  may  exceed.  In  addition,  few  State 
commenters  indicated  the  rule  would  pose  a  significant 
burden  on  them.  Even  the  California  Highway  Patrol, 
which  doubted  the  effectiveness  of  stop  signal  arms, 
acknowledged  the  importance  of  uniformity  of  highway 
controls,  especially  around  school  buses.  Illinois,  one 
of  the  few  States  that  will  have  to  modify  its  stop  signal 
arm  design,  "strongly  supported"  the  Federal  Stand- 
ard and  stated  the  costs  of  modifying  its  devices  would 
be  minimal.  NHTSA  accordingly  does  not  expect  any 
significant  adverse  impact  on  the  States  from  this 
rulemaking. 

Alternatively,  NHTSA  could  have  discontinued  this 
rulemaking  and  not  required  school  buses  to  be 
equipped  with  a  stop  signal  arm.  Based  on  the  agency's 
review  of  the  rulemaking,  including  the  commenters' 
general  support  for  the  rule  and  the  national  confer- 
ence's endorsement  of  this  device,  the  agency  has 
decided  that  the  Federalism  implications  are  not 
significant  enough  to  require  the  preparation  of  a 
Federalism  Assessment  or  prevent  the  final  rule's 
adoption. 


List  of  Subjects  in  49  CFR  Part  571 

Imports,  Motor  vehicle  safety,  Motor  vehicles.  Rub- 
ber and  rubber  products,  Tires 

PART  571- 
Federal  IVIotor  Vehicle  Safety  Standards 

In  consideration  of  the  foregoing,  49  CFR  571  is 
amended  as  follows: 

1.  The  authority  citation  for  Part  571  of  Title  49  con- 
tinues to  read  as  follows: 


PART  571 -[AM ENDED] 

Authority:  15  U.S.C  1392,  1401,  1403,  1407;  dele-     Jf  \ 
gation  of  authority  at  49  CFR  1.50.  %.^ 

2.  In  Part  571,  section  131-Federal  Motor  Vehicle 
Safety  Standard  No.  131  is  added  to  read  as  follows: 
§  571.131  Federal  Motor  Vehicle  Safety  Standard  No. 
131;  School  Bus  Pedestrian  Safety  Devices. 

51.  Scope.  This  standard  establishes  requirements 
for  devices  that  can  be  installed  on  school  buses  to  im- 
prove the  safety  of  pedestrians  in  the  vicinity  of 
stopped  school  buses. 

52.  Purpose.  The  purpose  of  this  standard  is  to  reduce 
deaths  and  injuries  by  minimizing  the  likelihood  of  ve- 
hicles passing  a  stopped  school  bus  and  striking  pedes- 
trians in  the  vicinity  of  the  bus. 

53.  Application.    This  standard  applies  to  school  buses. 

54.  Definitions.  "Stop  signal  arm"  means  a  device 
that  can  be  extended  outward  from  the  side  of  a  school 
bus  to  provide  a  signal  to  other  motorists  not  to  pass 
the  bus  because  it  has  stopped  to  load  or  discharge 
passengers. 

55.  Requirements.  Each  school  bus  shall  be  equipped 
with  a  stop  signal  arm  meeting  the  requirements  of 
S5.1  through  S5.5  as  depicted  in  Figure  1.  ^. 

55.1  The  stop  signal  arm  shall  be  a  regular  octagon     " 
which  is  at  least  450  mm  x  450  mm  (17.72  inches  x 
17.72  inches)  in  diameter. 

55.2  The  stop  signal  arm  shall  be  red  on  both  sides, 
except  as  provided  in  S5.2.1  and  S5.2.2,  and  S5.2.3. 

55.2.1  The  stop  signal  arm  shall  have  a  white  border 
at  least  12  mm  (0.47  inches)  wide  on  both  sides,  except 
as  provided  in  S5.2.3. 

55.2.2  The  stop  signal  arm  shall  have  the  word 
"STOP"  displayed  in  white  upper-case  letters  on  both 
sides,  except  as  provided  in  S5.2.3.  The  letters  shall 
be  at  least  150  mm  (5.9  inches)  in  height  and  have  a 
stroke  width  of  at  least  20  mm  (0.79  inches). 

55.2.3  When  two  stop  signal  arms  are  installed  on  a 
school  bus,  the  rearmost  stop  signal  arm  shall  not  con- 
tain any  lettering,  symbols,  or  markings  on  the  forward 
side. 

55.3  Conspicuity.  The  stop  signal  arm  shall  comply 
with  either  S5.3.1  or  S5.3.2.  or  both. 

S5.3.1  The  entire  surface  of  both  sides  of  the  stop  sig- 
nal arm  shall  be  reflectorized  with  Type  III  retroreflec- 
torized  material  that  meets  the  minimum  specific  ^ 
intensity  requirements  of  S6. 1  and  Table  1 .  Whfen  two  l 
stop  signal  arms  are  installed  on  a  school  bus,  the  for- 
ward side  of  the  rearmost  stop  signal  arm  shall  not  be 
reflectorized. 


PART  571;  S131-PRE  10 


450  mm  (17.72  in. 


White 


STOP 


Red 


12  mm  (0.47  in.) 


150  mm  (5.9  in. 


Stroke  width  of  letters  -  20  mm  (0.79  in. 


Figure  1.     Characteristics  of  Stop  Signal  Device 


S5.3.2  Each  side  of  the  stop  signal  arm  shall  have  at 
least  two  red  lamps  that  meet  the  requirements  of  S6.2. 
The  lamps  shall  be  centered  on  the  vertical  centerline 
of  the  stop  arm.  One  of  the  lamps  shall  be  located  at 
the  extreme  top  of  the  stop  arm  and  the  other  at  its 
extreme  bottom. 

S5.4  The  stop  signal  arm  shall  be  installed  on  the  left 
side  of  the  bus. 

55.4.1  The  stop  signal  arm  shall  be  located  such  that, 
when  in  the  extended  position: 

(a)  The  stop  arm  is  perpendicular  to  the  side  of  the 
bus,  plus  or  minus  five  degrees; 

(b)  The  top  edge  of  the  sign  is  parallel  to  and  within 
6  inches  of  a  horizontal  plane  tangent  to  the  lower  edge 
of  the  driver's  window  frame;  and 

(c)  The  vertical  centerline  of  the  stop  sign  is  at  least 
9  inches  away  from  the  side  of  the  school  bus. 

55.4.2  A  second  stop  signal  arm  may  be  installed  on 
a  school  bus.  That  stop  signal  arm  shall  comply  with 
S5.4  and  S5.4.1. 


S5.5  The  stop  signal  arm  shall  be  automatically  ex- 
tended in  such  a  manner  that  it  complies  with  S5.4.1, 
at  a  minimum  whenever  the  red  signal  lamps  required 
by  S5.1.4  of  Standard  No.  108  are  activated;  except 
that  a  device  may  be  installed  that  prevents  the  auto- 
matic extension  of  a  stop  signal  arm.  The  mechanism 
for  activating  the  device  shall  be  within  the  reach  of 
the  driver.  While  the  device  is  activated,  a  continuous 
or  intermittent  signal  audible  to  the  driver  shall  sound. 
The  audible  signal  may  be  equipped  with  a  timing 
device  requiring  the  signal  to  sound  for  at  least  60 
seconds.  If  a  timing  device  is  used,  it  shall  automati- 
cally recycle  every  time  the  service  entry  door  is 
opened  while  the  engine  is  running  and  the  manual 
override  is  engaged. 

S6    Test  Procedures 

S6.1  Reflectivity  Test.  When  tested  under  the  condi- 
tions specified  in  S6.2(b),  (c),  and  (d)  of  Federal  Motor 
Vehicle  Safety  Standard  No.  125,  Warning  Devices,  (49 
CFR  571.125),  the  retroreflective  materials  shall  meet 
the  criteria  specified  in  Table  1. 


PART  571;  S131-PRE  11 


Table  1 
Minimum  Specific  Intensity  Per  Unit  Area  (SIA) 

(Candelas  Per  Footcandle  Per  Square  Foot) 

Type  III  Retroreflective  Material 

A-Glass  Bead  Retroreflective  Element  Material 

Observation         Entrance 

')  Angle  (°)         White         Red 


0.2 

-4 

250 

45 

0.2 

+  30 

150 

25 

0.5 

-4 

95 

15 

0.5 

+  30 

65 

10 

aries  [y  =  0.33  (yellow  boundary)  and  y  =  0.98  -  x  (purple 
boundary)],  the  color  of  light  emitted  from  the  test 
object  shall  not  be  less  saturated  (paler),  yellower,  or 
purpler.  The  test  object  shall  be  placed  perpendicular 
to  the  light  source  to  simulate  lamps  on  stop  signal 
arms.  In  making  visual  comparisons,  the  light  from  the 
test  object  shall  light  one  portion  of  a  comparison  field 
and  the  light  from  the  filter/source  standard  shall  light 
an  adjacent  area.  To  make  a  valid  visual  comparison, 
the  two  fields  to  be  viewed  shall  be  of  near  equal 
luminance. 

S6.2.2  Flash  Rate.  The  lamps  on  each  side  of  the  stop 
signal  arm,  when  operated  at  the  manufacturer's  de- 
sign load,  shall  flash  at  a  rate  of  60-120  flashes  per 
minute  with  a  current  "on"  time  of  50  percent. 


B-Prismatic  Retroreflective  Element  Material 


Observation         Entrance 
Angle(°)  Angle  (°)  White 


0.2 
0.2 

0.5 
0.5 


Red 


250  45 

95  13.3 

200  28 

65  10 


S6.2.3  Vibration,  Moisture,  Dust,  Corrosion,  Photome- 
try, and  Warpage  Test.  Lamps  and  lighting  components 
shall  meet  the  criteria  for  vibration,  moisture,  dust,  cor- 
rosion, photometry,  and  warpage  in  SAE  J575.  Tests 
for  Motor  Vehicle  Lighting  Devices  and  Components, 
(July  1983)  and  SAE  J1133,  School  Bus  Stop  Arm, 
(April  1984)  under  the  test  conditions  specified  therein. 

Issued  on:  August  25,  1991. 


S6.2     Lighting  Tests 

S6.2.1  Color.  When  visually  compared  to  the  light 
emitted  from  a  filter/source  with  a  combination  of 
chromaticity  coordinates  as  explained  in  SAE  J578, 
Color  Specification  (May  1988),  within  specific  bound- 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  20363 
May  3,  1991 


PART  571;  S131-PRE  12 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  131 

School  Bus  Pedestrian  Safety  Devices 

(Docket  No.  90-01;  Notice  2) 

RIN  2127-AD  16 


51.  Scope.  This  standard  establishes  require- 
ments for  devices  that  can  be  installed  on  school  buses 
to  improve  the  safety  of  pedestrians  in  the  vicinity  of 
stopped  school  buses. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
reduce  deaths  and  injuries  by  minimizing  the  likelihood 
of  vehicles  passing  a  stopped  school  bus  and  striking 
pedestrians  in  the  vicinity  of  the  bus. 

53.  Application.    This  standard  applies  to  school 


54.  Definitions.  "Stop  signal  arm"  means  a  device 
that  can  be  extended  outward  from  the  side  of  a  school 
bus  to  provide  a  signal  to  other  motorists  not  to  pass 
the  bus  because  it  has  stopped  to  load  or  discharge  pas- 
sengers. 

55.  Requirements.  Each  school  bus  shall  be 
equipped  with  a  stop  signal  arm  meeting  the  require- 
ments of  S5.1  through  S5.5  as  depicted  in  Figure  1. 


55.1  The  stop  signal  arm  shall  be  a  regular  octagon 
which  is  at  least  450  mm  x  450  mm  (17.72  inches  x 
17.72  inches)  in  diameter. 

55.2  The  stop  signal  arm  shall  be  red  on  both  sides, 
except  as  provided  in  S5.2.1  and  S5.2.2,  and  S5.2.3. 

55.2.1  The  stop  signal  arm  shall  have  a  white  border 
at  least  12  mm  (0.47  inches)  wide  on  both  sides,  except 
as  provided  in  S5.2.3. 

55.2.2  The  stop  signal  arm  shall  have  the  word 
"STOP"  displayed  in  white  upper-case  letters  on  both 
sides,  except  as  provided  in  S5.2.3.  The  letters  shall 
be  at  least  150  mm  (5.9  inches)  in  height  and  have  a 
stroke  width  of  at  least  20  mm  (0.79  inches). 

55.2.3  When  two  stop  signal  arms  are  installed  on 
a  school  bus,  the  rearmost  stop  signal  arm  shall  not  con- 
tain any  lettering,  symbols,  or  markings  on  the  forward 
side. 


S5.3    Conspicuity    The  stop  signal  arm  shall  com- 
ply with  either  S5.3.1  or  S5.3.2,  or  both. 


450  mm  (17.72  In.) 


STOP 


I 


Siroke  width  ol  leller; 


55.3.1  The  entire  surface  of  both  sides  of  the  stop 
signal  arm  shall  be  reflectorized  with  Type  III 
retroreflectorized  material  that  meets  the  minimum 
specific  intensity  requirements  of  S6.1  and  Table  1. 
When  two  stop  signal  arms  are  installed  on  a  school 
bus,  the  forward  side  of  the  rearmost  stop  signal  arm 
shall  not  be  reflectorized. 

55.3.2  Each  side  of  the  stop  signal  arm  shall  have 
at  least  two  red  lamps  that  meet  the  requirements  of 
S6.2.  The  lamps  shall  be  centered  on  the  vertical  cen- 
terline  of  the  stop  arm.  One  of  the  lamps  shall  be  lo- 
cated at  the  extreme  top  of  the  stop  arm  and  the  other 
at  its  extreme  bottom. 


Figure  1.    Characteristics  of  Stop  Signal  Device 


S5.4    The  stop  signal  arm  shall  be  installed  on  the 
left  side  of  the  bus. 


PART  131-1 


55.4.1  The  stop  signal  arm  shall  be  located  such 
that,  when  in  the  extended  position: 

(a)  The  stop  arm  is  perpendicular  to  the  side  of  the 
bus,  plus  or  minus  five  degrees; 

(b)  The  top  edge  of  the  sign  is  parallel  to  and  within 
6  inches  of  a  horizontal  plane  tangent  to  the  lower  edge 
of  the  driver's  window  frame;  and 

(c)  The  vertical  centerline  of  the  stop  sign  is  at  least 
9  inches  away  from  the  side  of  the  school  bus. 

55.4.2  A  second  stop  signal  arm  may  be  installed 
on  a  school  bus.  That  stop  signal  arm  shall  comply  with 
S5.4  and  S5.4.1. 

S5.5  The  stop  signal  arm  shall  be  automatically 
extended  in  such  a  manner  that  it  complies  with  S5.4.1, 
at  a  minimum  whenever  the  red  signal  lamps  required 
by  S5.1.4  of  Standard  No.  108  are  activated;  except 
that  a  device  may  be  installed  that  prevents  the  auto- 
matic extension  of  a  stop  signal  arm.  The  mechanism 


Table  1 
Minimum  Specific  Intensity  Per  Unit  Area  (SIA) 

(Candelas  Per  Footcandle  Per  Square  Foot) 
Type  in  Retroreflective  Material 

A-Glass  Bead  Retroreflective  Element  Material 


Observation 

Entrance 

Anglen 

Angle  (°) 

White 

Red 

0.2 

-4 

250 

45 

0.2 

+  30 

150 

25 

0.5 

-4 

95 

15 

0.5 

+  30 

65 

10 

B-Prismatic  Retroreflective  Element  Material 

Observation 

Entrance 

Anglen 

Angle  (°) 

White 

Red 

0.2 

-4 

250 

45 

0.2 

+  30 

95 

13.3 

0.5 

-4 

200 

28 

0.5 

+  30 

65 

10 

for  activating  the  device  shall  be  within  the  reach  of 
the  driver.  While  the  device  is  activated,  a  continuous 
or  intermittent  signal  audible  to  the  driver  shall  sound. 
The  audible  signal  may  be  equipped  with  a  timing 
device  requiring  the  signal  to  sound  for  at  least  60  se- 
conds. If  a  timing  device  is  used,  it  shall  automatically 
recycle  every  time  the  service  entry  door  is  opened 
while  the  engine  is  running  and  the  manual  override 
is  engaged. 

S6.    Test  Procedures 

56.1  Reflectivity  Test.  When  tested  under  the  con- 
ditions specified  in  S6.2(b),  (c),  and  (d)  of  Federal  mo- 
tor vehicle  safety  standard  No.  125,  Warning  Devices, 
(49  CFR  571.125),  the  retroreflective  materials  shall 
meet  the  criteria  specified  in  Table  1. 

56.2  Lighting  Tests. 

S6.2.1.  When  visually  compared  to  the  light  emit- 
ted from  a  filter/source  with  a  combination  of  chroma- 
ticity  coordinates  as  explained  in  SAE  J578,  Color 
Specification  (May  1988),  within  specific  boundaries 
[y  =  0.33  (yellow  boundary)  and  y  =  0.98-x  (purple 
boundary)],  the  color  of  light  emitted  from  the  test  ob- 
ject shall  not  be  less  saturated  (paler),  yellower,  or  pur- 
pler.  The  test  object  shall  be  placed  perpendicular  to 
the  light  source  to  simulate  lamps  on  stop  signal  arms. 
In  making  visual  comparisons,  the  light  from  the  test 
object  shall  light  one  portion  of  a  comparison  field  and 
the  light  from  the  filter/source  standard  shall  light  an 
adjacent  area.  To  make  a  valid  visual  comparison,  the 
two  fields  to  be  viewed  shall  be  of  near  equal  luminance. 

56.2.2  Flash  Rate.  The  lamps  on  each  side  of  the 
stop  signal  arm,  when  operated  at  the  manufacturer's 
design  load,  shall  flash  at  a  rate  of  60-120  flashes  per 
minute  with  a  current  "on"  time  of  50  percent. 

56.2.3  Vibration,  Moisture,  Dust,  Corrosion,  Photom- 
etry, and  Warpage  Test.  Lamps  and  lighting  compo- 
nents shall  meet  the  criteria  for  vibration,  moisture, 
dust,  corrosion,  photometry,  and  warpage  in  SAE 
J575.  Tests  for  Motor  Vehicle  Lighting  Devices  and 
Components,  (July  1983)  and  SAE  J1133,  School  Bus 
Stop  Arm,  (April  1984)  under  the  test  conditions  speci- 
fied therein. 

56  F.R.  20363 
May  3,  1991 


PART  131-2 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 

SAFETY  STANDARD  NO.  208 

Occupant  Crash  Protection 

(Docket  No.  74-14;  Notice  67) 
PIN  2127-AD38 


ACTION:  Final  rule. 


SUMMARY:  Standard  No.  208,  Occupant  Crash  Pro- 
tection, requires  vehicles  to  be  equipped  with  warn- 
ing light  systems  designed  to  remind  vehicle  occu- 
pants to  use  safety  belts.  Standard  No.  208  has 
required  different  warning  systems  for  vehicles 
equipped  with  manual  belts  and  vehicles  equipped 
with  automatic  belts.  For  vehicles  equipped  with 
manual  safety  belts,  the  Standard  has  required  that 
a  warning  light  come  on  for  4  to  8  seconds  when  the 
vehicle's  ignition  is  turned  on,  regardless  of  belt  use. 
For  vehicles  equipped  with  automatic  safety  belts, 
the  Standard  has  required  illumination  of  a  warning 
light  for  at  least  60  seconds  when  the  ignition  is 
turned  on,  if  there  are  indications  that  the  driver's 
safety  belt  is  not  in  use,  and  allows  the  light  to 
remain  illuminated  longer  than  that.  On  June  28, 
1990,  NHTSA  proposed  an  amendment  to  give  man- 
ufacturers the  option  of  using  in  passenger  cars 
equipped  with  manual  belts  the  same  type  of  warn- 
ing system  currently  required  in  cars  equipped  with 
automatic  safety  belts.  The  proposed  amendment 
was  requested  by  General  Motors  Corporation  in  a 
December  11,  1989  petition  for  rulemaking.  After 
considering  comments  on  the  proposal,  NHTSA  is 
adopting  the  amendment  without  substantive 
change  in  this  final  rule.  Since  the  warning  system 
for  automatic  safety  belts  is  more  stringent  than  the 
warning  system  for  manual  belts,  NHTSA  believes 
that  the  amendment  could  result  in  greater  safety 
protection. 

EFFECTIVE  DATE:  The  amendments  made  by  this 
final  rule  to  the  Code  of  Federal  Regulations  are 
effective  January  29,  1991. 

Background 
Standard  No.  208,  Occupant  Crash  Protection  (49 
CFR  571.208),  is  intended  to  reduce  the  likelihood  of 
occupant  deaths  and  the  likelihood  and  severity  of 
occupant  injuries  in  crashes.  The  standard  requires 
vehicles  to  be  equipped  with  occupant  restraints 
(e.g.,  safety  belts)  and  with  warning  systems  de- 
signed to  remind  vehicle  occupants  to  use  safety 


belts.  Standard  No.  208  has  required  different  warn- 
ing systems  for  vehicles  equipped  with  manual  belts 
and  vehicles  equipped  with  automatic  belts. 

For  vehicles  equipped  with  manual  safety  belts, 
section  S7.3  has  required  that  a  warning  light  come 
on  for  4  to  8  seconds  when  the  vehicle's  ignition  is 
turned  on,  regardless  of  whether  the  driver  is  using 
his  belt.  However,  there  is  no  requirement  that  a 
warning  light  remain  activated  after  that  time,  even 
if  the  driver's  belt  is  not  in  use. 

For  vehicles  equipped  with  automatic  safety  belts, 
section  S4. 5. 3. 3(h)  has  required  illumination  of  a 
warning  light  for  at  least  60  seconds  when  the 
ignition  is  turned  on,  if  there  are  indications  that 
the  driver's  safety  belt  is  not  in  use.  The  warning 
light  is  permitted  to  stay  on  for  longer  than  60 
seconds.  The  light  must  also  be  activated  if  the  belt 
is  nondetachable  and  the  emergency  release  mecha- 
nism is  in  the  released  position. 

On  December  11,  1989,  General  Motors  Corpora- 
tion (GM)  petitioned  NHTSA  to  amend  section  S7.3 
of  Standard  No.  208  to  allow  manufacturers  to  use  a 
safety  belt  warning  system  that  meets  the  require- 
ments for  automatic  safety  belt  warning  systems  as 
an  alternative  to  the  warning  system  that  was 
specified  for  manual  belt  systems.  GM  stated  that 
increasing  the  duration  of  the  manual  belt  warning 
light  beyond  the  8-second  limitation  could  increase 
the  effectiveness  of  the  reminder. 

NHTSA  granted  the  GM  petition  on  January  5, 
1990.  On  June  28,  1990,  NHTSA  proposed  an 
amendment  to  give  manufacturers  the  option  of 
using  in  passenger  cars  equipped  with  manual  belts 
the  same  type  of  warning  system  currently  required 
in  cars  equipped  with  automatic  safety  belts.  Since 
the  automatic  safety  belt  warning  system  is  more 
stringent  than  the  warning  system  for  manual  belts, 
NHTSA  tentatively  concluded  that  the  amendment 
could  result  in  greater  safety  protection. 

NHTSA  received  five  comments  on  the  proposal, 
four  from  motor  vehicle  manufacturers  and  one  from 
an  automobile  dealers  association.  All  commenters 
supported  the  proposal  without  reservation.   One 


PART  571;  S208-PRE  479 


commenter  suggested  revised  regulatory  language 
to  provide  greater  clarity  and  avoid  potential  prob- 
lems of  interpretation. 

Final  Rule 

After  reviewing  the  comments,  NHTSA  has  decided 
to  adopt  the  amendment  in  this  final  rule  without 
substantive  change.  NHTSA  has  revised  the  regula- 
tory text  of  the  amendment  to  provide  greater  clarity. 

The  primary  purpose  of  the  safety  belt  warning 
light  requirements  in  Standard  No.  208  is  to  encour- 
age the  use  of  safety  belts.  If  a  manufacturer  chooses 
the  newly  permitted  option,  there  would  be  two 
differences  from  the  warning  system  requirements 
previously  applicable. 

First,  the  warning  light  would  remain  on  for  at 
least  60  seconds  if  the  driver  did  not  buckle  his  or 
her  safety  belt.  NHTSA  stated  in  the  proposal  that 
increasing  the  duration  of  the  manual  belt  warning 
light  beyond  the  8-second  limitation  could  increase 
the  effectiveness  of  the  reminder  and  thus  increase 
use  of  safety  belts.  No  commenters  disagreed  with 
this  point. 

Second,  the  safety  belt  warning  light  would  not 
come  on  if  the  driver  buckled  the  safety  belt  before 
inserting  the  ignition  key.  NHTSA  stated  in  the  pro- 
posal that  this  would  not  have  a  major  impact  on 
safety  belt  use  at  other  seating  positions.  In  such  a 
case,  the  driver  would  already  have  buckled  his  or  her 
safety  belt  and  thus  set  an  example  for  any  passengers 
in  the  vehicle.  No  commenter  disagreed  with  this 
point. 

The  requirements  in  Standard  No.  208  for  a  4  to  8 
second  audible  signal  when  the  ignition  switch  is 
turned  on  and  the  safety  belt  is  not  in  use  are  not 
changed  by  this  amendment.  Since  both  vehicles 
equipped  with  automatic  safety  belts  and  vehicles 
equipped  with  manual  safety  belts  are  required  to 
have  the  4-  to  8-second  audible  signal,  the  amend- 
ment does  not  change  those  requirements. 

NHTSA  stated  in  the  proposal  that  the  agency  does 
not  believe  that  the  amendment  raises  any  issues 
under  section  125  of  the  National  Traffic  and  Motor 
Vehicle  Safety  Act  (15  U.S.C.  1410b).  No  commenter 
disagreed  with  NHTSA's  position.  Section  125  provides 
that  no  Federal  motor  vehicle  safety  standard  may 
have  the  effect  of  requiring,  or  provide  that  a  manu- 
facturer is  permitted  to  comply  with  such  standard  by 
means  of,  a  buzzer  which  operates  longer  than  8 
seconds  after  the  ignition  is  turned  to  the  "start"  or 
"on"  position  and  is  designed  to  indicate  that  safety 
belts  are  not  in  use.  However,  section  125  does  not 
prohibit  a  Standard  permitting  a  safety  belt  warning 
light  to  remain  illuminated  for  more  than  8  seconds. 
Further,  the  legislative  history  of  section  125  of  the 
Safety  Act  does  not  suggest  Congressional  disfavor  of 
such  an  approach. 


NHTSA  stated  in  the  proposal  that  the  agency 
intended  to  make  the  amendment  effective  immedi-  ^ 
ately  upon  its  publication  in  the  Federal  Register  as  a  mt 
final  rule.  No  commenter  objected  to  NHTSA's  stated 
intention.  NHTSA  finds  that  good  cause  exists  to  make 
the  amendment  effective  immediately  upon  its  publi- 
cation. The  amendment  will  not  result  in  any  addi- 
tional burden  to  manufacturers  since  it  simply  pro- 
vides manufacturers  an  option  for  the  manual  safety 
belt  warning  system.  In  addition,  the  amendment 
could  result  in  greater  safety  protection  since  the 
automatic  belt  warning  system  requirements  are  more 
stringent  than  the  manual  belt  requirements. 

In  consideration  for  the  foregoing: 

Section  571.208  is  amended  by  revising  S7.3  to 
read  as  follows: 

S7.3  A  seat  belt  assembly  provided  at  the  driver's 
seating  position  shall  be  equipped  with  a  warning 
system  that,  at  the  option  of  the  manufacturer,  either 

(1)  activates  a  continuous  or  intermittent  audible 
signal  for  a  period  of  not  less  than  4  seconds  and  not 
more  than  8  seconds  and  that  activates  a  continuous 
or  flashing  warning  light  visible  to  the  driver  dis- 
playing the  identifying  symbol  for  the  seat  belt 
telltale  shown  in  Tkble  2  of  FMVSS  101  or,  at  the 
option  of  the  manufacturer  if  permitted  by  FMVSS 
101,  displaying  the  words  "Fasten  Seat  Belts"  or 
"Fasten  Belts,"  for  not  less  than  60  seconds  (begin-  J^ 
ning  when  the  vehicle  ignition  switch  is  moved  to  T 
the  "on"  or  the  "start"  position)  when  condition  (a) 
exists  simultaneously  with  condition  (b),  or  that 

(2)  activates,  for  a  period  of  not  less  than  4  seconds 
and  not  more  than  8  seconds  (beginning  when  the 
vehicle  ignition  switch  is  moved  to  the  "on"  or  the 
"start"  position),  a  continuous  or  flashing  warning 
light  visible  to  the  driver,  displaying  the  identifying 
symbol  for  the  seat  belt  telltale  shown  in  Tkble  2  of 
FMVSS  101  or,  at  the  option  of  the  manufacturer  if 
permitted  by  FMVSS  101,  displaying  the  words  "Fas- 
ten Seat  Belts"  or  "Fasten  Belts,"  when  condition  (a) 
exists,  and  a  continuous  or  intermittent  audible  signal 
when  condition  (a)  exists  simultaneously  with  condi- 
tion (b). 

(a)  The  vehicle's  ignition  switch  is  moved  to  the 
"on"  position  or  to  the  "start"  position. 

(b)  The  driver's  lap  belt  is  not  in  use,  as  determined, 
at  the  option  of  the  manufacturer,  either  by  the  belt 
latch  mechanism  not  being  fastened,  or  by  the  belt  not 
being  extended  at  least  4  inches  from  its  stowed 
position. 

Issued  on  January  23,  1991. 

Jerry  Ralph  Curry    f 
Administrator 

56  F.R.  3222 
January  29,  1991 


PART  571;  S208-PRE  480 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 

SAFETY  STANDARD  NO.  208 

Occupant  Crash  Protection 

(Docket  No.  74-14;  Notice  69) 
ACTION:  Final  rule;  technical  amendment. 


SUMMARY:  This  agency  has  discovered  some  errors 
in  the  most  recent  edition  of  Title  49  of  the  Code  of 
Federal  Regulations,  with  respect  to  NHTSA's  occu- 
pant crash  protection  standard.  This  notice  corrects 
those  errors,  so  that  the  replacement  for  this  edition 
of  the  Code  of  Federal  Regulations  will  be  accurate. 
No  new  obligations  or  duties  are  imposed  on  any 
party  as  a  result  of  these  corrections,  since  the 
corrections  merely  remove  obsolete  provisions  from 
the  Standard. 

EFFECTIVE  DATE:  February  28,  1991. 

SUPPLEMENTARY  INFORMATION:  On  June  5,  1989 
(54  FR  23986),  NHTSA  published  a  final  rule  amend- 
ing Standard  No.  208,  Occupant  Crash  Protection 
(49  CFR  §  571.208).  Sll.6  of  Standard  No.  208  sets 
forth  the  positioning  procedures  for  the  feet  of  Hy- 
brid III  test  dummies  positioned  at  the  driver's  or 
right  front  passenger's  position. 

Before  the  effective  date  of  the  June  5,  1989  final 
rule  (December  4,  1989),  the  feet  of  Hybrid  III  test 
dummies  could  be  positioned  either  in  accordance 
with  the  procedures  for  positioning  the  feet  of  Hy- 
brid II  test  dummies  or  in  accordance  with  some  less 
specific  positioning  procedures  set  forth  in  Sll.6. 1 
through  Sll.6.3.  However,  the  June  5,  1989  rule 
took  away  the  option  of  using  the  less  specific 
positioning  procedure.  Instead,  that  rule  required 
that  the  feet  of  Hybrid  III  test  dummies  be  posi- 
tioned according  to  the  procedures  for  positioning 
the  feet  of  Hybrid  II  test  dummies.  The  agency 
expressed  this  by  revising  Sll.6  in  the  June  5,  1989 
final  rule.  NHTSA  believed  that  this  amendatory 
language  would  remove  all  of  Sll.6,  including  the 
subordinate  sections  SI  1.6.1  through  Sll.6.3,  from 
the  version  of  Standard  No.  208  printed  in  the  Code 
of  Federal  Regulations,  and  replace  it  with  the 
revised  Sll.6. 

However,  the  October  1,  1990  version  of  Title  49  of 
the  Code  of  Federal  Regulations  shows  only  the  old 


language  in  Sll.6  removed  and  the  new  Sll.6  ap- 
pearing in  its  place.  Each  of  the  subordinate  para- 
graphs to  the  old  version  of  Sll.6  still  appear  in  the 
text  of  Standard  No.  208.  The  result  is  that  Sll.6 
now  specifies  that  the  feet  of  the  Hybrid  III  test 
dummy  shall  be  positioned  using  the  same  proce- 
dures specified  for  the  feet  of  the  Hybrid  II  test 
dummy,  while  Si  1.6.1  through  Sll.6.3  provide  an 
option  of  either  using  the  positioning  procedures  for 
the  Hybrid  II  test  dummy  or  some  less  specific 
procedures.  This  is  confusing  to  the  reader  and  does 
not  effectuate  the  agency's  intention  of  removing  the 
option  of  using  the  less  specific  positioning  proce- 
dures. This  amendment  will  remedy  this  problem  by 
ensuring  that  the  next  revision  of  Title  49  of  the 
Code  of  Federal  Regulations  removes  SI  1.6.1 
through  Sll.6.3  from  Standard  No.  208. 

This  amendment  imposes  no  duties  or  responsibil- 
ities on  any  party,  nor  does  it  alter  any  existing 
obligations.  Instead,  this  amendment  will  simply 
ensure  that  the  public  will  have  a  correct  copy  of 
Standard  No.  208  in  Title  49  of  the  Code  of  Federal 
Regulations.  Accordingly,  NHTSA  finds  for  good 
cause  that  notice  and  opportunity  for  comment  on 
this  amendment  are  unnecessary,  and  this  amend- 
ment is  effective  as  soon  as  this  notice  is  published. 

In  consideration  of  the  foregoing,  49  CFR 
§  571.208  is  amended  as  follows; 

Sll.6.1  through  Sll.6.3  are  removed. 

Issued  on  February  25,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  8232 
February  28,  1991 


PART  571;  S208-PRE  481-482 


f 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 

SAFETY  STANDARD  NO.  208 

Occupant  Crash  Protection 

(Docket  No.  74-14;  Notice  70) 
RIN  2127-AD10 


ACTION:  Final  rule. 


SUMMARY:  This  rule  extends  the  requirements  for 
automatic  crash  protection,  which  currently  apply  to 
front  outboard  seats  in  passenger  cars,  to  front 
outboard  seats  in  three  additional  types  of  light-duty 
vehicles.  With  automatic  crash  protection,  occu- 
pants of  those  vehicle  types  will  be  protected  by 
means  that  require  no  action  by  vehicle  occupants. 
The  effectiveness  of  automatic  crash  protection  is 
dynamically  tested,  that  is,  a  vehicle  must  comply 
with  specified  injury  criteria,  as  measured  on  a  test 
dummy,  when  tested  by  this  agency  in  a  30  miles  per 
hour  barrier  crash  test.  The  three  newly  covered 
vehicle  types  are  trucks,  multipurpose  passenger 
vehicles  (such  as  passenger  vans  and  four-wheel 
drive  utility  vehicles),  and  buses,  all  with  a  gross 
vehicle  weight  rating  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less. 
These  vehicles  are  collectively  termed  "light  trucks" 
throughout  the  rest  of  this  preamble. 

The  automatic  crash  protection  requirements  for 
light  trucks  will  be  implemented  in  a  manner  that 
closely  parallels  the  manner  in  which  the  automatic 
crash  protection  requirements  for  cars  were  imple- 
mented. As  was  the  case  with  passenger  cars,  the 
automatic  crash  protection  requirements  for  light 
trucks  will  be  phased  in  over  a  period  of  several 
years. 

EFFECTIVE  DATE:  The  changes  made  in  this  rule 
become  effective  September  23,  1991. 

Light  trucks  manufactured  before  September  1, 
1994  will  not  be  required  to  comply  with  the  auto- 
matic crash  protection  requirements  set  forth  in  this 
rule.  Each  manufacturer  and  each  importer  will  be 
required  to  install  automatic  protection  in— 

20  percent  of  its  light  trucks  manufactured  from 

September  1,  1994  to  August  31,  1995,  inclusive; 

50  percent  of  its  light  trucks  manufactured  from 

September  1,  1995  to  August  31,  1996,  inclusive; 
I      90  percent  of  its  light  trucks  manufactured  from 

September  1,  1996  to  August  31,  1997,  inclusive; 

and 

100  percent  of  its  light  trucks  manufactured  on 


or  after  September  1,  1997. 

Alternatively,  a  manufacturer  may  choose  to  com- 
ply with  a  schedule  which  postpones  by  one  year  the 
date  on  which  its  first  light  truck  must  have  auto- 
matic protection,  but  accelerates  by  two  years  the 
date  on  which  all  of  its  trucks  must  be  so  equipped. 
Under  this  alternative  schedule,  a  manufacturer 
will  not  be  required  to  equip  any  light  trucks  man- 
ufactured on  or  before  August  31,  1995  with  auto- 
matic crash  protection,  but  must  equip  all  light 
trucks  manufactured  on  or  after  September  1,  1995 
with  automatic  crash  protection. 

Background 

Standard  No.  208,  Occupant  Crash  Protection  (49 
CFR  571.208)  is  intended  to  reduce  the  likelihood  of 
occupant  deaths  and  the  likelihood  and  severity  of 
occupant  injuries  in  crashes.  As  one  means  of  achiev- 
ing these  goals,  Standard  No.  208  has  long  required 
the  installation  of  safety  belts  in  passenger  cars. 
Since  September  1,  1989,  Standard  No.  208  has  also 
required  each  new  passenger  car  to  be  equipped  with 
automatic  crash  protection  for  outboard  front-seat 
occupants.  Vehicles  equipped  with  automatic  crash 
protection  protect  their  occupants  by  means  that 
require  no  action  by  vehicle  occupants.  The  effective- 
ness of  automatic  crash  protection  is  dynamically 
tested,  that  is,  a  vehicle  must  comply  with  specified 
injury  criteria,  as  measured  on  a  test  dummy,  when 
tested  by  this  agency  in  a  30  miles  per  hour  barrier 
crash  test.  The  two  types  of  automatic  crash  protec- 
tion currently  offered  on  new  passenger  cars  are 
automatic  safety  belts  (which  help  to  assure  belt  use) 
and  air  bags  (which  supplement  safety  belts  and 
offer  some  protection  even  when  safety  belts  are  not 
used).  Automatic  crash  protection  in  cars  will  save 
thousands  of  lives  and  prevent  tens  of  thousands  of 
serious  injuries  each  year  when  all  cars  are  so 
equipped. 

Although  Standard  No.  208  has  long  required  the 
installation  of  safety  belts  at  all  designated  seating 
positions  in  light  trucks,  it  has  not  required  those 
vehicles    to    provide    automatic    crash   protection. 


PART  571;  S208-PRE  483 


NHTSA  decided  it  was  appropriate  to  consider 
whether  light  trucks  should  be  required  to  offer 
automatic  crash  protection  in  front  outboard  seating 
positions,  in  addition  to  safety  belts  at  all  seating 
positions.  This  effort  led  NHTSA  to  propose  to  re- 
quire automatic  crash  protection  in  light  trucks  in  a 
notice  of  proposed  rulemaking  (NPRM)  published  on 
January  9,  1990  (55  FR  747). 

That  NPRM  proposed  to  require  automatic  crash 
protection  in  trucks,  multipurpose  passenger  vehi- 
cles (such  as  passenger  vans  and  utility  vehicles), 
and  buses  with  a  gross  vehicle  weight  rating  of  8,500 
pounds  or  less  and  an  unloaded  vehicle  weight  of 
5,500  pounds  or  less,  and  to  measure  the  effective- 
ness of  the  automatic  crash  protection  using  the 
same  crash  test  procedures  specified  for  passenger 
cars.  Additionally,  the  NPRM  proposed  to  phase  in 
the  automatic  crash  protection  requirements,  as  was 
done  for  the  passenger  car  automatic  crash  protec- 
tion requirements.  Finally,  to  encourage  the  produc- 
tion of  light  trucks  with  air  bags,  it  proposed  to  allow 
a  "one-truck  credit"  provision  for  vehicles  with  air 
bags  at  the  driver's  position,  along  the  lines  of  the 
"one-car  credit"  provision  for  passenger  cars. 

NHTSA  received  34  comments  in  response  to  this 
NPRM.  Commenters  included  vehicle  manufactur- 
ers, air  bag  suppliers,  trade  associations,  represent- 
atives of  the  insurance  industry,  academia,  other 
governmental  agencies,  and  consumers.  Several  of 
the  manufacturers  commented  that  they  would  have 
difficulty  complying  with  some  or  all  of  the  elements 
of  the  proposed  implementation  schedule.  To  further 
explore  these  comments,  NHTSA  requested  addi- 
tional information  from  five  vehicle  manufacturers 
(Chrysler,  Ford,  General  Motors,  Mazda,  and  Toyota) 
on  May  24,  1990. 

NHTSA  has  considered  and  analyzed  all  of  the 
comments  and  other  information  in  developing  this 
final  rule.  For  the  convenience  of  the  reader,  this 
rule  uses  the  same  organization  and  format  as  the 
NPRM  did. 

Requirements  of  This  Rule 

1.  Vehicles  Covered  by  This  Rule 
The  agency  proposed  to  extend  the  requirements 
for  automatic  crash  protection  to  trucks,  multipur- 
pose passenger  vehicles,  and  buses  with  a  gross 
vehicle  weight  rating  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less.  As 
noted  in  the  NPRM,  nearly  all  trucks  and  multipur- 
pose passenger  vehicles  in  this  weight  range  will  be 
required  to  comply  with  the  injury  criteria  in  a  30 
mph  barrier  crash  with  manual  lap/shoulder  belts  at 
the  front  outboard  seats  fastened  around  test  dum- 
mies, or,  at  the  manufacturer's  option,  with  auto- 
matic crash  protection  for  those  seating  positions,  as 


of  September  1,  1991.  Given  that  implementation  of 
this  new  crash  testing  requirement  for  light  trucks 
would  precede  the  implementation  of  the  automatic  m^ 
restraint  requirement  for  those  vehicles,  the  agency 
stated  in  the  NPRM  that,  "NHTSA  believes  that  the 
need  for  structural  changes  to  accommodate  the 
installation  of  automatic  crash  protection  in  light 
trucks  beginning  in  late  1993  would  be  minimal 
because  of  the  changes  already  necessary  to  comply 
with  the  dynamic  testing  requirements  in  Standard 
No.  208  applicable  to  light  trucks  manufactured  on 
or  after  September  1,  1991."  55  FR  749;  January  9, 
1990. 

The  commenters  generally  concurred  with  the 
proposal  that  trucks  and  multipurpose  passenger 
vehicles  be  equipped  with  automatic  crash  protec- 
tion. However,  some  commenters  suggested  that  the 
installation  of  automatic  crash  protection  would  not 
be  as  simple  as  was  implied  in  the  NPRM,  while 
others  asked  for  additional  leadtime  to  install  auto- 
matic crash  protection,  and  still  others  identified 
particular  types  of  trucks  and  multipurpose  passen- 
ger vehicles  that  could  pose  unique  problems  for 
automatic  crash  protection.  This  final  rule  requires 
trucks  and  multipurpose  passenger  vehicles  to  be 
equipped  with  automatic  crash  protection. 

The  NPRM  also  set  forth  a  proposal  to  require 
automatic  crash  protection  in  front  outboard  seats  of  g 
small  buses,  even  though  small  buses  will  not  be  * 
subject  to  the  dynamic  testing  requirements  that 
become  effective  September  1,  1991.  The  agency 
stated  its  belief  that  automatic  crash  protection  in 
small  buses  would  be  practicable,  especially  because 
many  van-type  buses  are  based  on  a  platform  and 
drivetrain  that  are  the  same  as  or  similar  to  the 
platform  and  drivetrain  of  van-type  multipurpose 
passenger  vehicles  that  will  be  subject  to  the  dy- 
namic testing  requirements.  Further,  the  NPRM  set 
forth  the  agency's  belief  that  the  safety  need  for 
automatic  crash  protection  for  the  driver  and  any 
other  front  outboard  seat  occupants  in  a  small  bus 
did  not  appear  to  be  any  different  than  it  is  for 
occupants  of  front  outboard  seats  of  multipurpose 
passenger  vehicles  and  trucks  of  similar  size  and 
weight.  The  agency  sought  comments  on  these  ten- 
tative conclusions.  No  commenters  suggested  that 
the  agency  was  incorrect.  Accordingly,  this  rule 
adopts  the  proposed  requirement  for  small  buses  to 
be  equipped  with  automatic  crash  protection,  for  the 
reasons  set  forth  in  the  proposal. 

The  agency  also  sought  comment  on  its  proposal  to 
include  certain  types  of  light  trucks  in  the  require- 
ment for  automatic  crash  protection,  even  though 
those  vehicles  were  excluded  from  the  dynamic  test-   t 
ing  requirements.  These  vehicles  were: 

a.  motor  homes, 

b.  convertibles, 


PART  571;  S208-PRE  484 


c.  open-body  type  vehicles, 
^         d.  walk-in  van-type  trucks, 
P        e.  vehicles  designed  exclusively  to  be  sold  to  the 
U.S.  Postal  Service,  and 
f.  vehicles  with  chassis-mounted  campers. 
These  types  of  light  trucks  were  excluded  from  the 
dynamic  testing  requirements  because  the  vehicles 
are  unique  in  design,  often  have  unique  restraint 
systems,  and  are  intended  to  accommodate  a  nar- 
rowly defined  end  use.  Additionally,  the  numbers  of 
these  vehicles  produced  annually  are  limited,  so  the 
overall  impact  of  these  vehicle  types  on  light  truck 
safety  is  proportionally  small. 

Notwithstanding  this  previous  decision,  NHTSA 
proposed  to  make  these  types  of  light  trucks  subject 
to  the  automatic  protection  requirements.  The 
NPRM  noted  that  the  agency  is  unaware  of  any  data 
showing  a  differing  safety  need  for  front-seat  occu- 
pants of  these  types  of  light  trucks  than  for  front- 
seat  occupants  of  other  light  trucks  of  comparable 
size  and  weight.  The  agency  expressly  noted  that 
designs  for  automatic  crash  protection  may  be  more 
complex  and  the  costs  for  automatic  crash  protection 
may  well  be  higher  in  these  particular  types  of  light 
trucks  than  in  other  light  trucks.  However,  NHTSA 
tentatively  concluded  that  the  increased  complexity 
and  higher  costs  were  not  sufficient  to  justify  allow- 
I  ing  these  light  trucks  to  provide  a  lesser  level  of 
*  occupant  safety  than  other  light  trucks  of  compara- 
ble size  and  weight.  The  agency  sought  public  com- 
ment on  this  tentative  conclusion  in  the  NPRM. 

The  agency  received  extensive  comments.  Ford 
commented  that  a  requirement  for  automatic  crash 
protection  would  pose  particular  technical  difficul- 
ties for  manufacturers  of  motor  homes  and  walk-in 
vans.  Chrysler  commented  that  a  requirement  for 
automatic  crash  protection  would  pose  particular 
technical  difficulties  for  manufacturers  of  light 
truck  convertibles  and  open-body  type  vehicles.  In 
addition,  Chrysler  commented  that  NHTSA  had  not 
provided  any  substantive  justification  for  concluding 
that  automatic  crash  protection  would  be  practicable 
for  these  types  of  light  trucks.  General  Motors  (GM) 
commented  that  walk-in  van-type  vehicles  should  be 
excluded  from  the  automatic  crash  protection  re- 
quirements because  of  a  lesser  safety  need  for  occu- 
pant protection  in  those  vehicles.  GM  commented 
that  these  vehicles  are  typically  used  to  make  deliv- 
eries in  urban  areas,  and  not  generally  used  for 
highway  driving  or  personal  use.  GM  also  com- 
mented that  only  about  30  percent  of  its  walk-in 
vans  are  equipped  with  front  passenger  seats,  and 
^  that,  in  the  1989  model  year,  GM  sold  only  137 
m  walk-in  vans  within  the  proposed  weight  ranges. 
Finally,  GM  asserted  that  a  considerable  redesign  of 
its  walk-in  vans  would  be  needed  to  comply  with  a 
requirement  for  automatic  crash  protection,   and 


that  this  redesign  would  not  be  practical  for  such  a 
small  number  of  vehicles.  The  Recreation  Vehicle 
Industry  Association  (RVIA)  commented  that  the 
final  rule  should  either  exclude  motor  homes  from 
the  automatic  restraint  requirements  or  limit  the 
automatic  restraint  requirements  to  motor  homes 
with  a  gross  vehicle  weight  rating  of  6,000  pounds  or 
less.  According  to  RVIA,  motor  homes  "are  not  part 
of  the  'safety  problem' "  and  structural  changes  to 
motor  homes  would  be  needed  to  comply  with  the 
automatic  restraint  requirements.  Winnebago  In- 
dustries, a  motor  home  manufacturer,  commented 
that  one  of  its  models  would  have  a  difficult  time 
complying  with  the  automatic  restraint  require- 
ments and  asked  that  this  model  of  motor  home  be 
excluded  from  the  automatic  crash  protection 
requirements. 

In  response  to  these  comments,  NHTSA  has  care- 
fully reexamined  its  proposal  to  include  these  light 
truck  types  in  the  automatic  crash  protection  re- 
quirements. The  agency  believes  it  should  apply  the 
automatic  crash  protection  requirements  to  all  types 
of  light  trucks  if  it  would  be  practicable  to  install 
automatic  protection  in  these  vehicles  and  if  the 
safety  benefits  of  automatic  protection  would  be 
reasonably  related  to  the  cost  of  such  installations. 
NHTSA  has  applied  this  approach  to  whether  the 
automatic  crash  protection  requirements  should  be 
applied  to  each  of  the  six  light  truck  types  that  were 
excluded  from  the  dynamic  testing  requirements. 

With  respect  to  convertibles  and  open-body  type 
vehicles,  the  available  evidence  indicates  that  it  is 
practicable  to  install  automatic  crash  protection. 
Convertible  passenger  cars  are  required  to  include 
automatic  crash  protection.  Manufacturers  such  as 
Chrysler  are  advertising  the  merits  of  air  bag  tech- 
nology, especially  in  convertibles.  The  transfer  of 
technology  from  convertible  passenger  cars  to  pro- 
vide automatic  crash  protection  in  convertible  and 
open-body  light  trucks  will  not  require  any  techno- 
logical "breakthroughs."  Instead,  such  a  transfer 
will  require  careful  planning  and  engineering  to 
install  automatic  crash  protection  in  these  types  of 
light  trucks. 

NHTSA  concurs  with  Chrysler's  comment  to  the 
extent  that  it  suggests  that  installing  automatic 
crash  protection  in  convertible  and  open-body  light 
trucks  will  be  more  difficult  than  in  convertible 
passenger  cars,  because  these  types  of  light  trucks 
are  generally  designed  for  off-road  or  other  utility 
use.  This  greater  degree  of  difficulty  is  a  good  reason 
for  allowing  manufacturers  some  additional  lead- 
time  to  incorporate  automatic  crash  protection  in 
these  vehicles.  This  final  rule  does  that  by  providing 
an  additional  year  in  the  phase-in,  as  discussed  later 
in  this  preamble. 

However,  NHTSA  does  not  concur  with  Chrysler's 


PART  571;  S208-PRE  485 


comment  to  the  extent  that  it  suggests  that  this 
greater  degree  of  difficulty  is  sufficient  to  justify 
excluding  convertibles  and  open-body  type  light 
trucks  from  the  automatic  crash  protection  require- 
ments. As  explained  above,  NHTSA  agrees  that 
careful  planning  and  engineering  will  be  needed  to 
modify  the  automatic  crash  protection  systems  used 
in  convertible  passenger  cars  for  application  to  con- 
vertible and  open-body  light  trucks.  The  agency 
believes  that  the  requirement  for  automatic  crash 
protection  in  convertible  and  open-body  light  trucks 
is  "practicable"  within  the  meaning  of  section  103(a) 
of  the  National  Traffic  and  Motor  Vehicle  Safety  Act 
(15  U.S.C.  1392(a)),  because  manufacturers  can  com- 
ply with  the  requirement  by  transferring  the  basic 
technology  from  similar  vehicles  (convertible  pas- 
senger cars),  and  making  modifications  to  account 
for  the  different  characteristics  of  the  light  trucks. 

The  costs  for  providing  automatic  crash  protection 
in  these  trucks  are  estimated  to  be  roughly  compa- 
rable to  the  costs  for  providing  automatic  crash 
protection  in  convertible  passenger  cars.  Similarly, 
the  safety  benefits  of  automatic  crash  protection  in 
these  trucks  should  be  comparable  to  the  benefits  of 
automatic  crash  protection  in  convertible  passenger 
cars.  In  1988  alone,  174  front  seat  occupants  of 
open-body  trucks  were  killed  in  vehicle  crashes. 
NHTSA  has  previously  concluded  that  the  safety 
benefits  from  automatic  crash  protection  in  convert- 
ible passenger  cars  are  more  than  adequate  to  justify 
the  estimated  costs  associated  with  installing  auto- 
matic crash  protection  in  convertibles.  See  52  FR 
10122;  March  30,  1987  and  53  FR  15067;  April  27, 
1988.  The  agency  has  no  reason  to  alter  that  conclu- 
sion here. 

Accordingly,  NHTSA  concludes  that  it  is  practica- 
ble to  provide  automatic  crash  protection  in  light 
trucks  that  are  convertibles  or  open-body  vehicles. 
Further,  the  agency  believes  that  the  safety  benefits 
of  automatic  crash  protection  in  these  types  of  light 
trucks  will  be  reasonably  related  to  the  costs  of 
providing  automatic  crash  protection  in  these 
trucks.  Therefore,  this  rule  does  not  exclude  convert- 
ibles and  open-body  light  trucks  from  the  automatic 
crash  protection  requirements. 

The  next  type  of  light  truck  examined  by  the 
agency  was  walk-in  vans.  These  vehicles  pose  special 
technical  difficulties  for  automatic  crash  protection, 
because  of  their  unique  design  features,  including 
nearly  vertical  steering  columns,  fold-away  driver's 
seats,  large  open  doorway  areas,  and  the  absence  of 
B-pillars  near  the  driver's  seating  position.  Further, 
there  are  no  passenger  cars  similar  to  walk-in  vans, 
so  it  would  not  be  possible  to  transfer,  with  some 
modifications,  automatic  crash  protection  technol- 
ogy from  a  similar  type  of  passenger  car.  Thus,  while 
it  might  be  possible,  it  would  present  substantially 


greater  technical  and  engineering  challenges  to  in- 
stall automatic  crash  protection  in  walk-in  vans 
than  would  be  presented  to  install  automatic  protec- 
tion in  the  other  types  of  light  trucks  that  were 
excluded  from  the  dynamic  testing  requirements  for 
manual  safety  belts. 

In  addition,  walk-in  vans  are  designed  primarily 
for  deliveries  in  urban  areas,  where  the  driver  will 
frequently  enter  and  exit  the  vehicle  to  make  the 
deliveries.  Hence,  these  vehicles  are  less  likely  than 
others  to  be  involved  in  high-speed  crashes.  Addi- 
tionally, most  walk-in  vans  are  not  within  the  pro- 
posed weight  limits  for  light  trucks  to  be  equipped 
with  automatic  crash  protection.  In  its  comments, 
GM  stated  that  it  sold  only  137  walk-in  vans  within 
the  proposed  weight  limits  during  1988.  NHTSA 
concludes  that  the  costs  that  would  be  associated 
with  designing  a  system  of  automatic  crash  protec- 
tion for  walk-in  vans,  which  would  be  spread  over  the 
few  walk-in  vans  that  fell  within  these  weight  limits, 
would  not  be  reasonably  related  to  the  safety  bene- 
fits anticipated  for  such  walk-in  vans.  After  consid- 
ering these  factors,  NHTSA  has  concluded  that  the 
requirement  for  automatic  restraints  in  light  trucks 
should  not  apply  to  walk-in  vans. 

The  agency  next  examined  vehicles  designed  ex- 
clusively to  be  sold  to  the  U.S.  Postal  Service.  The 
available  evidence  indicates  that  these  light  trucks 
would  not  present  any  serious  problems  for  the 
installation  of  automatic  crash  protection.  Hence,  it 
would  be  practicable  to  require  automatic  crash 
protection  in  these  light  trucks.  However,  the  safety 
benefits  from  requiring  automatic  crash  protection 
in  these  vehicles  would  be  marginal,  because  the 
U.S.  Postal  Service  requires  its  employees  to  wear 
the  safety  belts  in  the  Postal  Service  vehicles  while 
on  the  job.  This  safety  belt  use  policy  should  ensure 
that  persons  riding  in  these  light  trucks  will  have 
the  safety  protection  of  manual  lap/shoulder  belts 
every  time  they  ride  in  these  vehicles.  Automatic 
crash  protection  would,  therefore,  offer  marginal,  if 
any,  additional  protection  in  these  vehicles.  Given 
the  lesser  safety  benefits  for  automatic  crash  protec- 
tion in  light  trucks  designed  exclusively  for  sale  to 
the  U.S.  Postal  Service,  the  agency  has  decided  to 
exclude  these  light  trucks  from  the  automatic  crash 
protection  requirements. 

Finally,  the  agency  examined  motor  homes  and 
vehicles  carrying  chassis-mount  campers.  The  com- 
menters  that  addressed  the  proposal  to  cover  these 
vehicles  did  not  suggest  that  there  were  any  partic- 
ular difficulties  presented  for  installing  automatic 
crash  protection  in  motor  homes  and  vehicles  carry- 
ing chassis-mount  campers.  Instead,  those  comment- 
ers  focused  on  the  fact  that  these  vehicles  are  typi- 
cally manufactured  in  more  than  one  stage  and  that 
the  final-stage  manufacturers  are  small  businesses. 


PART  571;  S208-PRE 


No  commenter  identified  some  characteristic  in  the 
design  of  these  vehicles  that  would  make  it  harder  to 
install  automatic  crash  protection  in  them  than  in 
other  types  of  light  trucks,  nor  is  NHTSA  aware  of 
any  such  characteristic.  Similarly,  there  are  no  indi- 
cations of  any  lesser  safety  need  for  automatic  crash 
protection  in  these  vehicles.  Motor  homes  and  vehi- 
cles carrying  chassis-mount  campers  are  not  de- 
signed primarily  for  use  in  urban  areas,  nor  is  there 
any  reason  to  believe  that  safety  belt  use  in  these 
vehicles  is  substantially  greater  than  in  other  types 
of  light  trucks.  Further,  the  cost  of  installing  auto- 
matic crash  protection  in  these  vehicles  would  not 
exceed  the  costs  of  installing  automatic  protection  in 
other  types  of  light  trucks.  After  examining  these 
factors,  there  is  no  apparent  basis  for  excluding 
these  vehicles  from  the  automatic  crash  protection 
requirements.  Therefore,  this  rule  requires  motor 
homes  and  vehicles  carrying  chassis-mount  campers 
to  comply  with  the  automatic  crash  protection 
requirements. 

To  the  extent  that  commenters  were  addressing 
the  particular  attributes  of  motor  home  manufactur- 
ers, instead  of  the  particular  attributes  of  vehicles 
that  are  motor  homes,  the  agency  believes  it  is  appro- 
priate under  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  (the  Safety  Act)  to  have  the  standard  apply 
to  all  motor  homes  and  vehicles  carrying  chassis- 
mount  campers.  If  any  manufacturer  of  motor  homes 
and/or  vehicles  caiTying  chassis-mount  campers  would 
experience  a  substantial  economic  hardship  as  a  result 
of  these  requirements,  that  manufactiu-er  may  file  a 
petition  requesting  a  temporary  exemption  from  the 
automatic  crash  protection  requirements,  pursuant  to 
49  CFR  Part  555,  Temporary  Exemption  from  Motor 
Vehicle  Safety  Standards.  NHTSA  can  consider  the 
special  circumstances  of  vehicle  manufacturers  in  the 
context  of  evaluating  any  such  petitions,  and  take 
appropriate  actions  to  afford  any  necessary  special 
treatment  for  such  manufacturers. 

2.  Crash  Test  Procedural  and 
Performance  Requirements 
The  NPRM  proposed  that  compliance  testing  for 
light  trucks  equipped  with  automatic  crash  protec- 
tion be  conducted  according  to  the  same  test  proce- 
dures and  using  the  same  injury  criteria  that  are 
currently  specified  for  use  in  testing  passenger  cars 
equipped  with  automatic  crash  protection.  Ford 
asked  in  its  comments  that  calculation  of  the  head 
injury  criterion  (HIC)  be  limited  to  a  15  millisecond 
maximum,  instead  of  the  currently-specified  36  mil- 
lisecond maximum.  Ford  previously  raised  this  iden- 
tical comment  for  HIC  calculations  for  passenger 
cars.  NHTSA  specifically  rejected  Ford's  earlier  com- 
ment in  the  preamble  to  the  rule  that  established 
the  36  millisecond  maximum  for  HIC  calculations; 


see  51  FR  37028,  at  37031;  October  17,  1986.  In  its 
new  comment,  Ford  did  not  provide  any  additional 
data  or  information,  nor  did  Ford  explain  why  it 
believes  HIC  should  be  calculated  differently  for 
passenger  cars  and  light  trucks.  There  is,  therefore, 
no  reason  for  NHTSA  to  modify  its  previous  rejection 
of  Ford's  15  millisecond  limit. 

Ford  also  commented  that  a  minor  adjustment 
should  be  made  to  the  test  procedures  in  Standard 
No.  208  to  make  them  consistent  with  the  procedures 
in  Standards  No.  212,  Windshield  Mounting,  and  No. 
219,  Windshield  Zone  Intrusion.  Ford  correctly 
noted  that  Standards  No.  212  and  219  include  a 
provision  in  the  test  procedures  for  trucks,  multipur- 
pose passenger  vehicles,  and  buses  that  "unloaded 
vehicle  weight  does  not  include  the  weight  of  work- 
performing  accessories."  The  effect  of  this  provision 
is  that  certain  work-performing  accessories  mounted 
on  the  front  of  trucks,  such  as  snow  plows  and 
winches,  are  not  mounted  on  the  vehicle  for  the 
crash  test.  Absent  a  similar  provision  in  Standard 
No.  208,  those  portions  of  the  work-performing  ac- 
cessories that  are  ordinarily  removed  from  the  vehi- 
cle when  they  are  not  in  use  (such  as  the  snowplow 
blade)  would  not  be  mounted  on  the  vehicle  for  the 
crash  test,  but  any  accessories  that  are  mounted  on 
the  vehicle  before  delivery  and  are  not  ordinarily 
removed  (such  as  the  snowplow  mounting  hardware) 
would  remain  in  place  on  the  vehicle  for  the  crash 
test. 

Ford  commented  that  these  differing  provisions  in 
Standard  No.  208  and  Standards  No.  212  and  219 
would  force  manufacturers  to  conduct  two  different 
crash  tests  for  the  purposes  of  certifying  compliance. 
If  the  test  procedures  for  the  standards  were  the 
same,  the  manufacturers  would  only  have  to  conduct 
one  crash  test,  just  as  a  single  test  can  be  used  to 
measure  compliance  with  the  three  standards  for 
passenger  cars.  The  exclusion  of  work-performing 
accessories  from  the  calculation  of  unloaded  vehicle 
weight  in  Standards  No.  212  and  219  also  places  the 
certification  burden  on  the  original  vehicle  manufac- 
turers, instead  of  the  small  manufacturers  that 
attach  work-performing  accessories  to  new  vehicles, 
and  keeps  the  certification  burden  manageable  for 
the  vehicle  manufacturer,  because  not  every  differ- 
ent combination  of  vehicle  and  work-performing 
accessory  is  subject  to  compliance  testing.  NHTSA  is 
persuaded  by  this  comment  for  the  reasons  offered  by 
Ford.  Therefore,  this  final  rule  amends  S8. 1.1(b)  of 
Standard  No.  208  to  include  the  same  provision  in 
the  test  procedures  for  light  trucks  that  has  long 
been  included  in  the  test  procedures  for  light  trucks 
subject  to  Standards  No.  212  and  219. 

No  other  commenters  addressed  the  proposal  to 
apply  the  passenger  car  test  procedures  and  injury 
criteria  to  light  trucks  with  automatic  crash  protec- 


PART  571;  S208-PRE  487 


tion.  With  the  exception  of  the  modification  made  in 
response  to  the  Ford  comment  discussed  above,  the 
proposed  procedures  are  adopted  in  this  final  rule. 

The  NPRM  also  proposed  to  establish  the  same 
due  care  defense  for  light  trucks  with  automatic 
crash  protection  as  is  currently  established  for  pas- 
senger cars.  Both  Ford  and  GM  commented  in  sup- 
port of  this  proposal.  It  is  adopted  in  this  final  rule 
for  the  reasons  stated  in  the  proposal. 

3.  Phased-In  Implementation  of  the  Automatic 
Crash  Protection  Requirements 

a.  The  Phase-In.  The  NPRM  proposed  to  "phase 
in"  the  automatic  crash  protection  requirements  for 
light  trucks  in  a  similar  manner  as  the  automatic 
crash  protection  requirements  were  phased  in  for 
passenger  cars.  The  commenters  supported  the  con- 
cept of  implementing  automatic  crash  protection 
requirements  for  light  trucks  by  a  "phase-in."  This 
rule  adopts  a  "phase-in"  for  automatic  crash  protec- 
tion requirements. 

Ta  allow  sufficient  leadtime  before  the  start  of  the 
phase-in  for  automatic  crash  protection  in  light 
trucks,  the  agency  proposed  to  begin  the  phase-in 
with  vehicles  manufactured  on  or  after  September  1, 
1993.  This  schedule  was  proposed  to  allow  manufac- 
turers two  years  after  implementation  of  the  dy- 
namic testing  requirements  for  light  trucks  (on 
September  1,  1991)  to  complete  the  engineering 
steps  and  certification  testing  needed  to  install  au- 
tomatic crash  protection  in  light  trucks.  The  agency 
believed  this  period  of  leadtime  was  sufficient  to 
develop  automatic  crash  protection  for  light  trucks 
because,  at  the  time  of  the  NPRM,  NHTSA  believed 
that  passenger  car  technology  could  be  "readily 
transferred"  to  light  trucks. 

A  delay  in  the  beginning  of  the  phase-in  was  urged 
by  all  the  vehicle  manufacturers  that  commented  on 
that  aspect  of  the  notice.  They  emphasized  the 
number  of  new  regulations  that  will  take  effect 
during  this  time  period,  including  the  extension  of 
several  passenger  car  standards  to  light  trucks,  the 
expiration  (in  September  1993)  of  the  "one  car 
credit"  for  passenger  cars  with  an  air  bag  at  the 
driver's  position,  and  new  side  impact  standards  for 
passenger  cars.  The  commenters  asserted  that  the 
cumulative  effect  of  all  these  new  requirements 
would  tax  the  engineering,  design,  development,  and 
testing  staff  and  resources  of  the  vehicle  manufac- 
turers to  a  gi-eater  extent  than  was  acknowledged  in 
the  NPRM. 

Other  vehicle  manufacturers  commented  that  the 
timing  of  the  start  of  the  phase-in  period  would  affect 
the  type  of  automatic  crash  protection  that  was  in- 
stalled in  light  trucks.  Because  of  the  development 
work  that  will  have  to  be  done,  especially  for  the 
sensors,  to  install  air  bags  on  light  trucks,  the  manu- 


factiu^rs  said  that  an  early  start  to  the  phase-in  would 
result  in  manufacturers  installing  less  innovative 
forms  of  automatic  crash  protection,  such  as  non- 
motorized  automatic  safety  belts.  The  point  of  these 
comments  was  that  the  agency  would  inadvei-tently 
discourage  the  installation  of  more  advanced  means  of 
automatic  crash  protection,  such  as  air  bags,  if 
NHTSA  required  the  phase-in  to  begin  too  early. 

NHTSA  has  carefully  reexamined  the  proposed 
September  1,  1993  starting  date  for  the  phase-in  in 
light  of  these  comments.  In  the  NPRM,  the  agency 
stated  that  it  did  not  want  to  begin  the  phase-in  for 
automatic  crash  protection  too  soon  after  the  Sep- 
tember 1,  1991  implementation  of  the  dynamic  test- 
ing requirements  for  manual  safety  belts  in  light 
trucks.  The  comments  to  the  NPRM  indicate  that 
the  transfer  of  air  bag  technology  from  passenger 
cars  to  light  trucks  may  be  more  complex  than  the 
agency  believed,  especially  the  sensors  to  deploy  the 
air  bag  on  vehicles  that  are  used  off-road.  Vehicle 
manufacturers  will  need  time  to  develop  air  bag 
systems  for  light  trucks.  The  less  time  that  is  avail- 
able for  development  and  installation  of  automatic 
crash  protection  in  light  trucks,  the  less  likely  it  is 
that  manufacturers  will  choose  the  more  difficult 
and  riskier  course  of  installing  more  innovative 
types  of  automatic  crash  protection,  such  as  air  bags. 
Instead,  the  manufacturers  would  be  more  likely  to 
install  non-motorized  automatic  safety  belts.  The 
agency  does  not  want  to  inadvertently  discourage 
efforts  to  install  air  bags  or  other  innovative  types  of 
automatic  crash  protection  in  light  trucks.  After 
further  considering  this  issue,  NHTSA  has  decided 
to  delay  the  start  of  the  phase-in  period  for  an 
additional  year.  Hence,  this  rule  provides  that  the 
automatic  restraint  requirements  will  apply  to  light 
trucks  manufactured  on  or  after  September  1,  1994. 

A  related  question  concerns  the  percentage  of  each 
manufacturer's  light  trucks  that  should  be  required 
to  be  equipped  with  automatic  crash  protection  in 
each  year  of  the  phase-in,  and  the  length  of  the 
phase-in  before  all  subject  light  trucks  should  be 
required  to  be  equipped  with  automatic  crash  pro- 
tection. The  NPRM  proposed  a  3-year  phase-in,  with 
20  percent  of  a  manufacturer's  light  trucks  required 
to  offer  automatic  crash  protection  in  the  first  year  of 
the  phase-in,  50  percent  doing  so  in  the  second  year 
of  the  phase-in,  and  all  light  trucks  manufactured 
two  years  or  more  after  the  start  of  the  phase-in 
equipped  with  automatic  crash  protection.  Several 
commenters  asked  that  this  phase-in  be  extended. 
For  example,  GM  asked  that  the  agency  use  the 
same  4-year  phase-in  that  was  used  for  passenger 
cars  (10,  25,  40,  and  100  percent),  while  Chrysler 
asked  for  a  5-year  phase-in  (10,  25,  50,  75,  and  100 
percent) 

NHTSA  explained  in  the  NPRM  that  the  phase-in 


PART  571;  S208-PRE  488 


proposed  for  light  trucks  was  more  rapid  than  what 
was  specified  for  passenger  cars,  because  the  phase-in 
I  for  automatic  crash  protection  in  passenger  cars  re- 
f  fleeted  some  considerations  that  are  not  present  for 
automatic  crash  protection  in  Hght  trucks.  These  con- 
siderations were: 

1.  the  need  for  public  familiarity  with  and  accep- 
tance of  the  different  types  of  automatic  crash 
protection; 

2.  the  need  for  vehicle  manufacturers  to  design 
and  incorporate  automatic  crash  production  in  their 
production  vehicles  for  the  first  time;  and 

3.  the  need  to  establish  a  supplier  base  for  auto- 
matic crash  protection  systems. 

None  of  these  three  considerations  apply  to  the 
same  extent  for  light  trucks.  By  the  start  of  this 
phase-in  in  September  of  1994,  the  public  will  have 
seen  automatic  crash  protection  in  all  new  passen- 
ger cars  made  in  the  preceding  5  years.  The  manu- 
facturers will  be  able  to  apply  the  engineering 
knowledge  and  experience  that  they  have  acquired 
over  that  period  to  solve  the  problems  that  must  be 
overcome  to  provide  automatic  crash  protection  in 
light  trucks.  Finally,  the  air  bag  suppliers  that 
commented  on  this  rulemaking  stated  that  they  will 
have  no  trouble  developing  sufficient  capacity  to 
meet  the  anticipated  future  demand  for  their  prod- 
ucts in  light  trucks.  Hence,  NHTSA  has  concluded 
I  that  it  is  appropriate  to  require  a  more  rapid  intro- 
duction of  automatic  crash  protection  in  light  trucks 
than  was  required  in  passenger  cars. 

Ford  commented  that  it  supported  NHTSA's  pro- 
posal to  adopt  a  more  rapid  introduction  of  auto- 
matic crash  protection  in  light  trucks  than  in  pas- 
senger cars.  However,  Ford's  comments  urged  the 
agency  to  add  one  additional  year  to  the  phase-in, 
and  require  90  peixent  of  light  trucks  to  offer  auto- 
matic crash  protection  in  this  additional  year.  Ac- 
cording to  Ford,  this  90  percent  year  would  effec- 
tively require  automatic  crash  protection  on  nearly 
all  light  trucks,  while  allowing  an  additional  year  to 
address  any  unique  problems  that  may  arise  with 
particular  types  of  low-volume  light  trucks,  such  as 
larger  off-road  vehicles. 

NHTSA  has  concluded  that  this  comment  has 
merit.  There  are  many  more  types  of  light  trucks 
than  passenger  cars.  If  any  unanticipated  problems 
should  arise  in  connection  with  equipping  light 
trucks  with  automatic  crash  protection,  it  is  most 
likely  that  those  problems  would  occur  for  one  of  the 
unusual  (i.e.,  limited  production  volume)  light  truck 
configurations.  A  third  year  of  a  phase-in  set  at  the 
90  percent  level  would  ensure  that  the  public  has 
k  nearly  all  the  benefits  expected  from  automatic 
"  crash  protection  in  light  trucks,  while  also  allowing 
the  manufacturers  flexibility  to  accommodate  some 
of  the  more  difficult  engineering  problems  presented 


by  a  requirement  for  automatic  crash  protection  in 
all  light  trucks.  For  example,  adding  a  third  year  to 
the  phase-in  in  which  90  percent  of  all  light  trucks 
are  required  to  offer  automatic  crash  protection  would 
permit  Chrysler  an  additional  year  of  time  to  equip  its 
convertibles  and  open-body  vehicles  with  automatic 
crash  protection.  At  the  same  time,  Chrysler  would  be 
required  to  install  automatic  crash  protection  in  the 
vast  majority  of  its  other  light  trucks,  including  min- 
ivans  and  pickups.  Accordingly,  Ford's  suggestion  is 
adopted  in  this  final  rule. 

The  agency  also  asked  for  comments  on  whether 
small  buses  should  be  excluded  from  the  automatic 
crash  protection  requirements  during  the  phase-in, 
and  be  required  to  be  equipped  with  automatic  crash 
protection  requirements  at  the  end  of  the  phase-in 
(September  1, 1997).  This  would  have  been  similar  to 
the  approach  used  for  convertible  passenger  cars 
during  the  phase-in  of  the  automatic  crash  protec- 
tion requirements  for  passenger  cars.  Chrysler  and 
Ford  commented  that  there  was  no  need  for  small 
buses  to  be  excluded  from  the  automatic  crash  pro- 
tection requirements  during  the  phase-in,  and  no 
commenter  suggested  that  small  buses  should  be 
excluded  during  the  phase-in.  Hence,  NHTSA  has 
not  included  any  such  provision  in  this  final  rule. 

Range  Rover  commented  that  the  proposed  phase-in 
schedule  would,  in  effect,  require  light  truck  manufac- 
turers that  produce  only  one  model  to  provide  auto- 
matic crash  protection  in  100  percent  of  their  light 
trucks  in  the  first  year  of  the  phase-in.  This  is  because 
manufactm-ers  that  make  several  models  of  light 
trucks  can  select  a  few  models  for  automatic  crash 
protection  to  comply  with  the  early  years  of  the 
phase-in  and  leave  production  of  the  other  models 
unchanged.  However,  the  manufacturer  of  a  single 
light  truck  model  must  design,  certify  and  put  into 
production  automatic  crash  protection  for  its  entire 
fleet  (the  single  model)  beginning  with  the  first  year  of 
the  phase-in.  Range  Rover  commented  that  this  was 
unfair,  and  that  the  phase-in  provided  no  flexibility  or 
relief  for  small,  single  line  manufacturers. 

NHTSA  believes  that  the  proposed  phase-in  sched- 
ule can  be  viewed  as  being  not  necessarily  any  more 
difficult  for  single  line  manufacturers  than  for  large 
manufacturers.  Since  the  proposed  phase-in  sched- 
ule requires  at  least  20  percent  of  a  manufacturer's 
light  trucks  to  comply  with  the  new  automatic  crash 
protection  requirement  in  the  first  year  of  the  phase- 
in,  in  practice  each  manufacturer  must  bring  at 
least  one  model  into  compliance  for  that  year. 
Viewed  in  this  way,  the  burden  on  a  manufacturer 
with  only  one  model  in  the  U.S.  market  to  bring  one 
model  into  compliance  for  the  first  year  may  be 
regarded  as  not  being  any  different  than  that  of  a 
manufacturer  which  sells  many  models.  NHTSA 
further  notes  that  the  phase-in  for  automatic  crash 


PART  571;  S208-PRE  489 


protection  in  passenger  cars  made  no  special  provi- 
sions for  single  line  manufacturers  and  those  man- 
ufacturers were  able  to  comply  with  that  phase-in. 

On  the  other  hand,  the  agency  recognizes  that  a 
single  model  represents  all  of  a  single  line  manufac- 
turer's production  and  only  a  small  portion  of  a 
multi-line  manufacturer's  production.  It  also  recog- 
nizes that  a  greater  portion  of  a  single  line  manu- 
facturer's engineering  expertise  and  other  resources 
will  be  called  upon  to  bring  that  single  line  into 
compliance  than  a  multi-line  manufacturer  will 
have  to  use  to  achieve  compliance  for  a  single  line. 

The  agency  has  identified  an  alternative  compli- 
ance schedule  which  it  believes  would  help  meet  the 
concerns  of  single  line  manufacturers,  while  also 
being  consistent  with  the  need  for  motor  vehicle 
safety.  Under  this  option,  a  manufacturer  would  not 
need  to  meet  the  new  requirements  for  any  of  its 
light  trucks  during  the  first  year  of  the  phase-in 
(September  1,  1994  to  August  31,  1995),  but  would 
then  be  required  to  meet  the  requirements  for  all  of 
its  light  trucks  beginning  with  the  second  year  of  the 
phase-in  (September  1,  1995  to  August  31,  1996).  A 
manufacturer  choosing  this  option  would  thus  have 
four  full  model  years  of  leadtime  to  meet  the  new 
requirements.  While  this  option  would  be  available 
to  all  manufacturers,  the  information  currently 
available  indicates  that  the  larger  manufacturers 
will  choose  to  comply  with  the  20/50/90  phase-in. 
NHTSA  believes  that  the  0/100/100  phase-in  option 
would  be  consistent  with  the  need  for  motor  vehicle 
safety,  since  the  number  of  light  trucks  meeting  the 
new  automatic  crash  protection  requirements  dur- 
ing the  3-year  phase-in  period  would  be  considerably 
higher  under  this  option  than  under  the  other  20/ 
50/90  phase-in  schedule.  Therefore,  this  final  rule 
adopts  an  optional  phase-in  schedule  of  0/100/100  to 
address  the  concerns  of  single  line  manufacturers,  as 
expressed  in  Range  Rover's  comment. 

b.  Calculation  of  Compliance  with  Phase-In. 
NHTSA  proposed  to  carry  over  most  of  the  procedures 
used  in  calculating  compliance  with  the  phase-in  of 
passenger  cars  with  automatic  crash  protection  so  as 
to  make  the  same  procedures  apply  during  the 
phase-in  of  automatic  crash  protection  in  light  trucks. 
Specifically,  NHTSA  proposed  to  use  the  same  means 
for  assigning  responsibility  for  vehicles  with  more 
than  one  statutory  "manufacturer"  and  the  same 
means  for  specifying  how  to  calculate  the  appropriate 
percentage  of  the  manufactm-er's  total  production  dur- 
ing the  phase-in.  No  commenters  addressed  these 
proposals,  so  they  are  adopted  for  the  reasons  set  forth 
in  the  NPRM. 

c.  Phase-In  Exclusion  for  Vehicles  Manufactured  in 
Two  or  More  Stages  and  for  Altered  Vehicles.  The 
NPRM  proposed  that  the  automatic  crash  protection 
requirements  would  not  apply  during  the  phase-in 


period  to  light  trucks  that  were  altered  or  manufac- 
tured in  two  or  more  stages,  but  that  all  light  trucks 
would  be  subject  to  those  requirements  after  the       #1 
phase-in  expires.  After  considering  all  comments,       ^ 
NHTSA  has  decided  to  adopt  that  proposal. 

The  Safety  Act  requires  that  every  manufacturer 
certify  that  each  of  its  vehicles  complies  with  all 
applicable  safety  standards.  NHTSA  has  previously 
recognized  that  this  statutory  requirement  could 
impose  unreasonable  burdens  on  final  stage  manu- 
facturers if  they  had  to  certify  not  only  the  work  they 
had  performed  on  the  finished  vehicle,  but  also  the 
work  performed  on  the  incomplete  vehicle  by  its 
manufacturer  (generally  large  manufacturers  such 
as  Chrysler,  Ford,  and  GM).  Therefore,  the  agency 
adopted  regulations  that  prescribe  the  method  by 
which  manufacturers  of  vehicles  manufactured  in 
more  than  one  stage  shall  assure  conformity  with 
the  safety  standards.  49  CFR  567.5  and  Part  568. 

Under  49  CFR  568.4(aK7),  the  manufacturer  of  an 
"incomplete  vehicle,"  as  defined  in  49  CFR  568.3, 
must  provide  an  "incomplete  vehicle  document" 
that  states,  for  each  applicable  safety  standard, 
either  (i)  that  the  vehicle  when  completed  will  con- 
form to  the  standard  if  no  alterations  are  made  in 
specified  components  of  the  vehicle;  (ii)  the  specific 
conditions  of  final  manufacture  under  which  the 
completed  vehicle  will  conform  to  the  standard;  or 
(iii)  that  conformity  with  the  standard  is  not  sub-  K 
stantially  affected  by  the  design  of  the  incomplete 
vehicle,  and  that  the  incomplete  vehicle  manufac- 
turer makes  no  representation  as  to  conformity. 
Thus,  for  all  standards  "affected"  by  the  design  of 
the  incomplete  vehicle,  if  the  final  stage  manufac- 
turer completes  the  vehicle  within  the  specifications 
set  forth  by  the  incomplete  vehicle  manufacturer,  it 
can  be  assured  that  the  completed  vehicle  will  com- 
ply with  the  applicable  standards. 

In  addition,  pursuant  to  49  CFR  567.5(a),  the 
manufacturer  of  a  "chassis-cab,"  the  most  common 
form  of  incomplete  vehicle,  must  certify  that  the 
completed  vehicle  will  conform  to  all  applicable 
standards  if  it  is  completed  in  accordance  with  the 
incomplete  vehicle  document  furnished  pursuant  to 
Part  568.  (A  chassis-cab  is  defined  in  49  CFR  567.3 
as  "an  incomplete  vehicle,  with  a  completed  occu- 
pant compartment,  that  requires  only  the  addition  of 
cargo-carrying,  work-performing,  or  load-bearing 
components  to  perform  its  intended  functions.")  Pur- 
suant to  49  CFR  567.5(c),  if  a  final  stage  manufac- 
turer completes  a  chassis-cab  in  accordance  with  its 
manufacturer's  specifications,  it  need  state  only  that 
fact  on  the  certification  label  to  impute  responsibil- 
ity for  the  completed  vehicle's  conformity  with  the  0? 
applicable  standards  to  the  manufacturer  of  the  * 
chassis-cab.  (Pursuant  to  section  159(cX2)  of  the 
Safety  Act,  15  U.S.C.  §  1419(cX2),  the  final  stage 


PART  571;  S208-PRE  490 


manufacturer  is  normally  obligated  to  conduct  any 
recalls  that  may  be  necessary  to  correct  noncompli- 
ances with  safety  standards  or  safety-related  defects. 
However,  the  manufacturers  may  assign  this  respon- 
sibility among  themselves  by  contract.  49  CFR 
567.5(e),  568.7.) 

NHTSA  recognizes  that  manufacturers  of  incom- 
plete vehicles  that  ai-e  not  "chassis-cabs"  (such  as  cowl 
chassis,  cutaway  chassis,  and  stripped  chassis)  are  not 
required  by  section  567.5  to  certify  the  compliance  of 
their  incomplete  vehicles  with  applicable  safety  stan- 
dards. They  are,  however,  required  by  49  CFR  568.4  to 
provide  an  "incomplete  vehicle  document"  that  de- 
scribes the  manner  in  which  the  incomplete  vehicle 
may  be  completed  and  remain  in  compliance  with  the 
standards  "affected"  by  the  incomplete  vehicle.  On  the 
other  hand,  the  manufacturers  of  many  of  these  chas- 
sis, such  as  those  that  do  not  have  completed  occupant 
compartments,  will  not  be  making  any  representa- 
tions with  respect  to  the  conformity  of  their  vehicles 
with  Standard  No.  208,  since  the  design  of  the  chassis 
may  not  "affect"  that  standard.  Therefore,  a  final 
stage  manufacturer  that  chooses  to  use  such  a  chassis 
would  have  the  duty  to  certify  that  the  completed 
vehicle  conformed  with  Standard  No.  208,  as  would  a 
final  stage  manufacturer  that  completed  any  chassis, 
including  a  chassis-cab,  in  a  manner  that  was  not 
consistent  with  the  incomplete  vehicle  manufacturer's 
specifications. 

Very  few  (if  any)  final  stage  manufacturers  have 
the  engineering  and  financial  resources  necessary  to 
independently  determine  whether  a  completed  vehi- 
cle complies  with  a  complex  safety  standard  such  as 
Standard  No.  208.  Thus,  as  a  practical  matter, 
NHTSA  anticipates  that  most,  if  not  all,  final  stage 
manufacturers  will  have  to  complete  their  vehicles 
within  specifications  established  by  an  incomplete 
vehicle  manufacturer,  and,  in  most  cases,  they  will 
have  to  use  chassis-cabs. 

Similarly,  an  alterer  must  certify  that  every  vehi- 
cle it  alters  complies  with  all  applicable  safety 
standards  as  altered.  Alterers  perform  their  alter- 
ations on  vehicles  that  have  already  been  certified  as 
complying  with  all  applicable  safety  standards.  The 
alterer  must  certify  that  each  of  its  vehicles  contin- 
ues to  comply  with  all  applicable  safety  standards 
after  the  alterer  has  performed  its  operations  on  the 
vehicle.  Alterers  must,  therefore,  have  some  inde- 
pendent basis  for  their  certifications  that  the  altered 
vehicles  continue  to  comply  with  all  applicable 
safety  standards.  Certifications  of  continuing  com- 
pliance for  altered  vehicles  may  be  based  on,  among 
other  things,  engineering  analyses,  computer  simu- 
lations, actual  testing,  or  instructions  for  alteration 
voluntarily  provided  by  the  original  vehicle  manu- 
facturer in  a  "body  builder's  guide." 

The    National    Truck    Equipment    Association 


(NTE  A),  an  association  of  final  stage  manufacturers 
and  alterers,  suggested  that  vehicles  produced  in 
more  than  one  stage  should  be  excluded  from  the 
automatic  crash  protection  requirements.  In  its  com- 
ment, NTEA  acknowledged  that  its  members  can 
pass  through  the  certification  on  chassis-cabs  that 
are  completed  in  accordance  with  the  incomplete 
vehicle  manufacturer's  instructions.  NTEA  claimed, 
however,  that  not  all  vehicles  can  be  completed  or 
modified  in  accordance  with  those  instructions. 
NTEA  suggested  that  the  incomplete  vehicle  manu- 
facturers might  impose  severe  new  restrictions  that 
would  effectively  "force"  final  stage  manufacturers 
to  complete  the  vehicle  outside  the  original  manu- 
facturer's instructions. 

NHTSA  has  previously  considered  assertions  that 
incomplete  vehicle  manufacturers  would  establish 
unreasonably  stringent  limitations  on  their  vehi- 
cles. In  the  rules  establishing  dynamic  testing  re- 
quirements for  manual  safety  belts  in  light  trucks 
under  Standard  No.  208  (53  FR  50221;  December  14, 
1988)  and  extending  Standard  No.  204's  steering 
column  rearward  displacement  limitations  to  addi- 
tional light  trucks  (54  FR  24344;  June  7,  1989), 
NHTSA  noted  that  it  did  not  believe  that  any  incom- 
plete vehicle  manufacturer  could,  as  a  practical 
matter,  establish  unreasonably  stringent  limita- 
tions for  its  incomplete  vehicles.  If  any  incomplete 
vehicle  manufacturer  were  to  do  so,  final  stage 
manufacturers  would  purchase  their  incomplete  ve- 
hicles from  other  manufacturers  that  had  estab- 
lished more  realistic  limitations. 

The  agency's  belief  that  market  forces  will  prevent 
incomplete  vehicle  manufacturers  from  establishing 
unreasonably  stringent  limitations  seems  to  have 
been  correct.  No  manufacturer  has  provided  NHTSA 
with  any  evidence  that  overly  stringent  limitations 
have  been  or  will  be  imposed  on  incomplete  vehicles 
subject  to  any  of  the  existing  crash  testing  require- 
ments. Thus,  NHTSA  does  not  find  persuasive 
NTEA's  suggestion  that  unreasonably  stringent  lim- 
itations will  be  imposed  on  the  completion  of  incom- 
plete vehicles  as  a  result  of  this  amendment. 

NHTSA  recognizes  that  the  adoption  of  the  auto- 
matic crash  protection  requirements  may  lead  in- 
complete vehicle  manufacturers  to  impose  some  new 
limitations  on  the  manner  in  which  their  vehicles 
may  be  completed,  in  order  to  assure  that  the  com- 
pleted vehicle  will  meet  the  requirements  of  the 
standard.  However,  there  is  no  reason  to  believe  that 
final  stage  manufacturers  will  be  unable  to  complete 
their  vehicles  within  those  limitations. 

NTEA's  comments  also  addressed  the  fact,  dis- 
cussed above,  that  under  49  CFR  567.5,  only  manu- 
facturers of  incomplete  chassis-cabs  are  required  to 
provide  a  formal  certification  that  can  be  "passed- 
through"  by  a  final  stage  manufacturer.  When  com- 


PART  571;  S208-PRE 


pleting  an  incomplete  vehicle  that  is  not  a  chassis- 
cab,  or  when  completing  an  incomplete  vehicle  outside 
of  the  incomplete  vehicle  manufacturer's  instructions, 
the  final  stage  manufacturer  would  have  to  indepen- 
dently certify  that  the  completed  vehicle  complied 
with  the  automatic  crash  protection  requirements. 
NTEA  argued  that  final  stage  manufacturers  lack  the 
financial  and  engineering  expertise  needed  to  make 
such  a  certification,  and  contended  that  this  obliges 
NHTSA  to  permanently  exempt  those  vehicles  from 
the  automatic  crash  protection  requirements. 

With  respect  to  non-chassis-cabs,  NHTSA  reiterates 
that,  as  provided  by  49  CFR  Part  568,  completion  of  an 
incomplete  vehicle  in  accordance  with  the  specifica- 
tions set  forth  in  an  incomplete  vehicle  document  will 
ensure  conformity  with  applicable  standards  and  thus 
provide  a  basis  for  a  final  stage  manufacturer  to  certify 
the  completed  vehicle.  Therefore,  with  respect  to  those 
chassis  for  which  the  incomplete  vehicle  manufacturer 
provides  specifications  with  respect  to  Standard  No. 
208,  NTEA's  concerns  regarding  the  ability  of  final 
stage  manufacturers  to  independently  certify  these 
vehicles  are  not  well  grounded.  However,  NHTSA 
acknowledges  that  most  non-chassis-cabs  will  not  in- 
clude specifications  for  Standard  No.  208.  Thus,  final- 
stage  manufacturers  that  do  not  have  an  independent 
basis  for  certifying  compliance  with  the  automatic 
crash  protection  requirements  will  not  be  able  to  use 
non-chassis-cabs  to  complete  vehicles  within  the 
weight  ranges  subject  to  the  automatic  crash  protec- 
tion requirements. 

As  discussed  above,  NHTSA  agrees  that  as  a 
practical  matter,  most  final  stage  manufacturers 
will  not  have  the  resources  to  develop  an  indepen- 
dent basis  to  certify  compliance  with  Standard  No. 
208  if  they  do  not  complete  vehicles  within  the 
specifications  established  by  incomplete  vehicle 
manufacturers  or  if  the  incomplete  vehicle  manufac- 
turer does  not  provide  specifications  applicable  to 
that  standard.  That  is  why  the  agency  has  consis- 
tently suggested  that  the  simplest  way  for  final 
stage  manufacturers  to  assure  that  their  vehicles 
will  comply  with  the  safety  standards  is  to  complete 
the  vehicles  in  accordance  with  those  specifications. 
A  final  stage  manufacturer  may  have  to  "shop 
around"  among  different  incomplete  vehicles  and 
different  manufacturers  to  find  an  incomplete  vehi- 
cle that  can  be  completed  in  the  manner  that  its 
customer  desires,  while  remaining  within  the  incom- 
plete vehicle  manufacturer's  limitations.  However, 
this  is  not  an  unreasonable  burden  in  light  of  the 
safety  benefits  of  automatic  crash  protection. 

Moreover,  NHTSA  is  not  convinced  that  it  will  be 
impossible  for  final  stage  manufacturers  to  establish 
that  vehicles  that  are  completed  outside  of  an  incom- 
plete vehicle  manufacturer's  specifications  comply 
with  the  automatic  crash  protection  requirements  of 


Standard  No.  208.  Final  stage  manufacturers  that 
complete  vehicles  outside  the  incomplete  vehicle 
manufacturer's  specifications  are  in  the  same  posi-  Jt 
tion  as  alterers  regarding  the  certification  responsi-  v 
bility.  That  is,  the  final  stage  manufacturer  and  the 
alterer  must  base  their  certification  of  compliance 
with  the  automatic  crash  protection  requirements  of 
Standard  No.  208  on  the  evaluations  and  analyses 
made  by  the  final  stage  manufacturer  or  alterer, 
instead  of  basing  their  certification  on  the  specifica- 
tions the  original  vehicle  manufacturer  provided  for 
the  vehicle.  Although  it  might  be  too  difficult  or 
expensive  for  an  individual  final  stage  manufacturer 
or  alterer  to  independently  certify  compliance 
through  crash  tests,  it  may  be  feasible  for  several 
such  entities  to  join  together  to  conduct  or  sponsor 
crash  tests  and/or  engineering  analyses  that  would 
provide  an  adequate  basis  for  certification. 

Volkswagen  commented  that  it  believed  that  it 
will  not  be  practicable  for  modified  vehicles  to  com- 
ply with  the  automatic  crash  protection  require- 
ments, particularly  if  the  incomplete  vehicle  is 
equipped  with  an  air  bag.  According  to  Volkswagen, 
it  is  "virtually  impossible"  for  the  manufacturer  of 
an  incomplete  vehicle  with  an  air  bag  system  to 
provide  guidance  and  certification  information  to 
final  stage  manufacturers,  in  part  because  of  the 
different  types  of  special  equipment  and/or  bodies 
that  might  be  added  to  the  incomplete  vehicle.  M 
Further,  according  to  Volkswagen,  it  would  be  im- 
possible for  final  stage  manufacturers  to  indepen- 
dently certify  compliance  without  conducting  a 
crash  test  for  each  specific  configuration.  Because  of 
this  alleged  impracticability,  Volkswagen  concluded 
that  any  light  trucks  that  are  produced  in  two  or 
more  stages  should  be  excluded  from  the  automatic 
crash  protection  requirements. 

NHTSA  has  previously  explained  in  detail  its  rejec- 
tion of  similar  arguments  in  the  rulemakings  extend- 
ing dynamic  testing  of  manual  safety  belts  to  light 
trucks  under  Standard  No.  208  (53  FR  at  50225- 
50228)  and  extending  Standard  No.  204's  steering 
column  rearward  displacement  limitations  to  addi- 
tional light  trucks  (54  FR  at  24347-24350).  lb  briefly 
repeat,  manufacturers  of  all  light  trucks  have  been 
required  for  more  than  a  decade  to  certify  that  their 
vehicles  comply  with  three  standards  (Nos.  212,  219, 
and  301)  that  use  a  30  mph  barrier  crash  test  to 
determine  compliance.  Throughout  that  period,  man- 
ufacturers of  incomplete  vehicles  have  been  required 
by  49  CFR  Part  568  to  provide  incomplete  vehicle 
documents  that  contain  certification  information  and 
instructions  to  final  stage  manufacturers  along  with 
the  incomplete  vehicle.  In  order  to  have  a  basis  for  the 
specifications  contained  in  the  incomplete  vehicle 
documents— te.,  to  assure  that  vehicles  that  are  com- 
pleted within  those  specifications  will  comply  with 


PART  571;  S208-PRE  492 


applicable  crash  test  standards— the  incomplete  ve- 
hicle manufacturer  must  conduct  some  analysis  of 
I  how  the  chassis  would  perform  in  a  crash  test.  While 
'  this  analysis  may  be  more  complex  for  the  dynamic 
testing  and  automatic  crash  protection  require- 
ments of  Standard  No.  208  than  for  the  other  Stand- 
ards that  require  crash  testing,  the  process  is  not 
fundamentally  different.  Thus,  Volkswagen's  sug- 
gestion that  it  is  not  feasible  for  incomplete  vehicle 
manufacturers  to  provide  guidance  to  final  stage 
manufacturers  is  not  persuasive. 

Ford  commented  that  it  believed  NHTSA  had 
underestimated  the  difficulty  that  the  automatic 
crash  protection  requirements  would  pose  for  final 
stage  manufacturers  and  alterers.  Ford  commented 
that  it  would  "find  it  relatively  manageable"  to 
provide  guidance  and  appropriate  limits  for  Ford 
vehicles  used  by  final  stage  manufacturers  and  al- 
terers if  the  vehicles  incorporated  Ford-designed 
seats  and  occupant  protection  systems.  However, 
Ford  also  commented  that  "alterers  appear  to  be- 
lieve" that  installing  different  seats  is  fundamental 
to  their  manufacturing  and  marketing  operations 
and  stated  that  it  was  unlikely  that  Ford  could 
provide  much  useful  guidance  for  seats  and  occupant 
protection  systems  that  are  not  designed  and  in- 
stalled by  Ford. 

Ford's  comment  is  consistent  with  its  reported 
I  response  to  the  dynamic  testing  requirement  that 
will  apply  to  manual  safety  belts  in  light  trucks 
manufactured  on  or  after  September  1,  1991.  In  a 
November  27,  1989  article  on  page  E4  of  Automotive 
News,  it  was  reported  that,  for  the  purposes  of  the 
dynamic  testing  requirement,  Ford's  instructions  to 
final  stage  manufacturers  and  alterers  would  re- 
quire the  use  of  front  seats  installed  by  Ford.  How- 
ever, that  same  article  reported  that  Chrysler  and 
General  Motors  plan  to  develop  guidelines  that  will 
allow  final  stage  manufacturers  and  alterers  to 
replace  the  original  front  seats  and  still  be  covered 
by  the  original  certification  of  compliance.  Thus,  it 
appears  that  such  flexibility  is  practicable. 

If  Ford   does   specify   in   its   incomplete   vehicle 
documents  and  body  builders'  guide  that  final  stage 
manufacturers  and  alterers  could  only  be  assured  of 
compliance  with  Standard  No.   208   if  they   used 
Ford's  seats,  final  stage  manufacturers  and  alterers 
would  have  two  options  that  would  enable  them  to 
avoid  having  to  independently  certify  compliance. 
They  could  either  use  Ford  vehicles  and  complete  or 
modify  the  vehicle  in  accordance  with  Ford's  instruc- 
tions, or  use  vehicles  produced  by  a  different  manu- 
facturer that  permit  the  use  of  a  variety  of  seats.  In 
k    either  case,  no  significant  compliance  burden  would 
"    be   imposed   on   the   final   stage   manufacturer  or 
alterer. 
For  the  foregoing  reasons,  NHTSA  has  concluded 


that  there  is  no  need  to  exclude  vehicles  produced  in 
two  or  more  stages  or  altered  vehicles  from  the 
automatic  crash  protection  requirements  once  the 
phase-in  has  ended.  However,  somewhat  different 
considerations  apply  to  the  issue  of  whether  those 
requirements  should  apply  during  the  phase-in, 
which  ends  August  31,  1997. 

During  the  phase-in  period,  manufacturers  of  com- 
pleted light  trucks  will  be  required  to  install  auto- 
matic crash  protection  in  some  but  not  all  of  their 
vehicles.  If  automatic  crash  protection  were  not 
available  in  the  particular  type  of  chassis  used  by  a 
final  stage  manufacturer  or  alterer  (perhaps  because 
the  chassis  manufacturer  did  not  intend  to  install 
automatic  crash  protection  in  its  completed  vehicles 
that  are  based  on  that  chassis),  it  is  unlikely  that  the 
final  stage  manufacturer  or  alterer  could  design, 
install,  and  certify  a  system  of  automatic  crash 
protection  for  the  vehicle.  In  recognition  of  these 
difficulties,  the  agency  proposed  to  exclude  light 
trucks  manufactured  in  two  or  more  stages  and  light 
trucks  that  are  altered  from  the  automatic  crash 
protection  requirements  during  the  20/50/90  phase- 
in  period. 

No  commenter  opposed  this  proposal  and  several 
supported  it.  NHTSA  remains  convinced  that  it 
would  be  impracticable  to  require  final  stage  manu- 
facturers and  alterers  to  assure  that  a  specified 
percentage  of  their  vehicles  complied  with  the  auto- 
matic crash  protection  requirements  of  Standard  No. 
208  during  the  phase-in.  Therefore,  this  final  rule 
adopts  the  proposed  exclusion  of  light  trucks  manu- 
factured in  two  or  more  stages  and  light  trucks  that 
are  altered  from  the  automatic  crash  protection 
requirements  during  the  phase-in.  Because  of  this 
exclusion,  this  rule  also  adopts  the  proposal  to  allow 
original  manufacturers  the  option  to  either  include 
or  exclude  their  light  trucks  that  are  sent  to  second 
stage  manufacturers  and  alterers,  when  determin- 
ing compliance  during  the  phase-in  period  for  auto- 
matic crash  protection  in  light  trucks.  However,  as 
indicated  above,  once  the  phase-in  is  completed,  all 
light  trucks  must  be  equipped  with  automatic  crash 
protection. 

d.  Phase-In  Reporting  Requirements.  The  agency 
proposed  to  adopt  substantially  the  same  reporting 
requirements  for  light  trucks  as  were  previously 
specified  for  passenger  cars  during  the  phase-in  of 
the  automatic  crash  protection  requirements  for 
those  vehicles.  The  agency  also  proposed  to  not 
require  information  about  altered  light  trucks  and 
light  trucks  manufactured  in  two  or  more  stages  to 
be  submitted  in  these  reports,  because  manufactur- 
ers of  those  light  trucks  were  not  required  to  comply 
with  the  percentage  requirements  during  the  phase- 
in.  No  commenters  addressed  this  subject.  These 
requirements  are  adopted  as  proposed,  for  the  rea- 


PART  571;  S208-PRE  493 


sons  set  forth  in  the  NPRM. 

e.  Phase-In  Certification  Requirements.  The  NPRM 
proposed  to  require  a  separate  certification  to  appear 
on  light  trucks  that  were  produced  during  the 
phase-in  and  were  intended  to  be  among  the  percent- 
age of  their  manufacturer's  annual  production  certi- 
fied as  complying  with  the  automatic  crash  protec- 
tion requirements.  During  the  phase-in  of  automatic 
crash  protection,  some  of  a  manufacturer's  vehicles 
are  equipped  with  automatic  crash  protection,  while 
the  rest  are  equipped  only  with  manual  safety  belts. 
However,  the  information  on  the  certification  labels 
on  both  vehicles  equipped  with  automatic  crash 
protection  and  those  equipped  with  only  manual 
safety  belts  would  fail  to  differentiate  between  the 
vehicles. 

Additionally,  during  a  phase-in,  manufacturers 
are  permitted  to  equip  those  vehicles  with  both 
manual  safety  belts  and  air  bags,  for  example,  but 
not  certify  the  vehicles  as  complying  with  the  auto- 
matic crash  protection  requirements.  Instead,  the 
manufacturers  could  certify  that  the  vehicles  com- 
plied with  Standard  No.  208  by  virtue  of  the  manual 
safety  belts  and  assert  the  position  that  the  air  bags 
were  a  voluntary  additional  means  of  occupant  pro- 
tection. In  this  case,  nothing  on  the  certification 
label  would  alert  the  agency  that  these  vehicles  were 
not  certified  as  complying  with  the  automatic  crash 
protection  requirements. 

NHTSA  proposed  to  address  the  practical  difficul- 
ties that  had  arisen  in  these  situations  in  the  pas- 
senger car  phase-in  by  requiring  manufacturers  to 
affix  an  additional  certification  label  on  their  light 
trucks  produced  during  the  phase-in  period,  if  the 
light  trucks  were  certified  as  complying  with  the 
automatic  crash  protection  requirement.  This  pro- 
posal reflected  the  agency's  tentative  conclusions 
that  this  additional  certification  would  effectively 
solve  those  problems,  while  imposing  only  minimal 
added  burdens  on  the  manufacturers. 

The  commenters  strongly  disagreed  with  the 
agency's  proposal.  Ford  commented  that  the  addi- 
tional certification  label  would  likely  be  misleading 
to  consumers.  Ford  also  commented  that  agency 
personnel  would  have  ample  additional  sources  for 
learning  whether  particular  vehicles  were  certified 
as  complying  with  the  automatic  crash  protection 
requirements,  including  the  proposed  reports  and 
the  proposed  requirement  to  keep  records  of  the 
vehicle  identification  numbers  of  the  vehicles  certi- 
fied as  complying  with  the  automatic  crash  protec- 
tion requirements.  Chrysler,  Nissan,  and  Volkswa- 
gen all  commented  that  the  proposed  additional 
certification  label  would  be  an  increased  burden, 
even  if  it  were  only  slight,  and  that  the  agency  had 
not  articulated  any  benefits,  great  or  small,  that 
would  result  from  imposing  that  burden. 


After  reviewing  these  comments,  the  agency  has 
concluded  that  the  proposed  additional  certification 
label  should  not  be  adopted  in  this  final  rule.  As 
noted  in  the  comments,  agency  personnel  will  be  ' 
able  to  obtain  the  necessary  certification  informa- 
tion if  the  proposed  reporting  and  recordkeeping 
requirements  are  adopted  for  the  phase-in.  NHTSA 
can  make  that  information  available  to  the  public  if 
there  is  any  confusion  about  particular  light  trucks 
during  the  phase-in.  Thus,  there  is  no  compelling 
reason  to  require  an  additional  certification  label  on 
light  trucks  during  the  phase-in. 

f.  Retention  of  VINs.  For  the  phase-in  of  automatic 
crash  protection  for  passenger  cars,  NHTSA  deter- 
mined that  it  was  important  for  enforcement  pur- 
poses that  manufacturers  maintain  records  of  the 
vehicle  identification  number  (VIN)  and  the  type  of 
automatic  crash  protection  installed  on  each  passen- 
ger car  produced  during  the  phase-in  period  that  was 
reported  to  NHTSA  as  one  of  the  manufacturer's  cars 
equipped  with  automatic  crash  protection.  Again  with 
respect  to  passenger  cars,  the  manufacturers  were 
required  to  retain  these  records  for  slightly  more  than 
two  years  after  the  end  of  the  phase-in.  The  agency 
proposed  to  adopt  the  same  requirements  for  light 
trucks.  No  commenter  offered  any  objections  to  this 
proposal.  Therefore,  this  final  rule  adopts  the  proposed 
VIN  recordkeeping  requirement. 

4.  "One-Truck  Credit"  Provision 
As  the  requirements  for  automatic  crash  protec- 
tion were  being  phased-in  for  passenger  cars, 
NHTSA  adopted  provisions  designed  to  give  car 
manufacturers  an  incentive  to  use  more  innovative 
automatic  crash  protection  systems  in  their  vehicles. 
Accordingly,  Standard  No.  208  includes  provisions  so 
that  each  car  equipped  with  a  non-belt  automatic 
crash  protection  system  for  the  driver's  position, 
such  as  an  air  bag  or  passive  interior,  and  a  manual 
safety  belt  for  the  right  front  passenger's  position 
will  be  counted  as  a  vehicle  complying  with  the 
automatic  crash  protection  requirements.  These  pro- 
visions are  referred  to  as  the  "one-car  credit."  NHTSA 
repeatedly  stated  its  belief  that  the  "one-car  credit" 
would  encourage  the  introduction  of  non-belt  auto- 
matic crash  protection  systems  into  passenger  cars 
sooner  than  would  occur  if  manufacturers  were  simply 
required  to  install  automatic  crash  protection  systems 
in  both  front  seating  positions  simultaneously. 

NHTSA  tentatively  determined  it  would  also  be 
appropriate  to  offer  an  incentive  for  light  truck 
manufacturers  to  install  more  innovative  systems  of 
automatic  crash  protection.  This  tentative  determina- 
tion reflected  the  agency's  belief  that,  as  in  the  case  of 
passenger  cars,  the  relative  technological  ease  of  wide- 
spread installation  in  light  trucks  of  passenger-side  air 
bags  is  less  than  that  of  passenger-side  automatic 


PART  571;  S208-PRE  494 


belts  Absent  some  measures  to  equalize  this  techno- 
logical disparity,  NHTSA  believes  that  light  truck 
manufacturers  would  opt  for  the  installation  of  auto- 
matic belts  at  both  the  driver's  and  passenger's  posi- 
tions, instead  of  installing  an  air  bag  at  the  driver's 
position  and  an  automatic  belt  at  the  passenger's 
position.  Thus,  the  agency  proposed  to  offer  the  "one- 
truck  credit"  to  allow  the  passage  of  sufficient  time  for 
the  relative  technological  difficulties  of  passenger- 
side  air  bags  and  passenger-side  automatic  belts  to 
become  nearly  equal.  The  agency  tentatively  con- 
cluded that  4  years  was  the  minimum  time  sufficient 
for  that  purpose.  Therefore,  the  NPRM  proposed  that 
the  one-truck  credit  be  available  for  light  trucks 
manufactured  during  the  4-year  period  after  the  be- 
ginning of  the  phase-in  of  the  automatic  crash  protec- 
tion requirement. 

Chrysler,  Ford,  and  General  Motors  supported  the 
proposed  one-truck  credit.  The  only  commenter  that 
objected  to  the  proposal  was  Motor  Voters.  According 
to  Motor  Voters,  market  forces  may  be  sufficient  to 
encourage  light  truck  manufacturers  to  choose  air 
bags  as  the  means  for  complying  with  the  automatic 
crash  protection  requirement.  In  this  case,  there 
would  be  no  need  for  any  additional  regulatory 
incentives.  Because  of  this.  Motor  Voters  suggested 
in  its  comments  that  the  one-truck  credit  be  allowed 
during  the  phase-in  period,  but  that  the  one-truck 
credit  provision  be  ended  when  the  phase-in  expires. 

NHTSA  concurs  with  Motor  Voters'  belief  that  the 
one-truck  credit  provision  should  not  be  offered  for 
an  excessive  period  of  time,  because  it  would  then 
serve  to  delay  for  too  long  the  safety  benefits  of 
automatic  crash  protection  for  the  right  front  pas- 
senger position  in  light  trucks.  In  the  preamble  to 
the  NPRM,  NHTSA  also  explained  that  it  believed 
that,  if  the  one-truck  credit  provision  were  available 
for  a  period  of  less  than  4  years,  the  short  credit 
would  not  provide  sufficient  time  to  resolve  technical 
issues  associated  with  passenger  side  air  bags  in 
light  trucks.  Hence,  if  the  one-truck  credit  were 
made  available  for  too  short  a  time,  it  would  do  little 
to  encourage  light  truck  manufacturers  to  install 
driver-side  air  bags  in  light  trucks.  Motor  Voters' 
comments  did  not  set  forth  any  new  facts  or  infor- 
mation not  previously  considered  by  the  agency  in 
reaching  its  tentative  decision  on  the  appropriate 
length  of  time  for  the  one-truck  credit  provision.  A 
review  of  the  available  information  reinforces 
NHTSA's  technical  judgment  that  there  are  special 
technical  problems  presented  by  the  installation  of 
air  bags  in  light  trucks  that  can  be  alleviated  by 
allowing  the  one-truck  credit.  After  this  review, 
NHTSA  has  decided  to  adopt  the  proposed  4-year 
duration  for  the  one-truck  credit  in  this  final  rule. 


Other  "Credit"  Issues  During  the  Phase-In 

The  agency  proposed  to  adopt  the  same  1.5  vehicle 
credit  for  light  trucks  that  was  available  for  passen- 
ger cars  during  the  phase-in.  Pursuant  to  this  provi- 
sion, cars  equipped  with  an  air  bag  or  other  non-belt 
means  of  automatic  crash  protection  at  the  driver's 
position,  and  any  type  of  automatic  crash  protection 
at  the  right  front  passenger's  position,  were  counted 
as  1.5  cars  equipped  with  automatic  crash  protection 
during  the  phase-in  of  the  automatic  crash  protec- 
tion requirements  for  passenger  cars. 

In  its  comments.  Ford  stated  that  the  1.5  credit 
provides  some  incentive  for  truck  manufacturers  to 
introduce  passenger-side  air  bags,  but  that  a  two- 
truck  credit  would  be  more  effective  as  an  incentive. 
Ford  acknowledged  that  Porsche  had  sought  a  two- 
car  credit  for  passenger  cars,  and  that  this  request 
was  denied  by  NHTSA.  51  FR  42598;  November  25, 
1986.  However,  Ford  commented  that  most  of  the 
agency's  reasons  for  denying  the  two-car  credit  for 
cars  would  not  be  applicable  for  light  trucks.  Hence, 
Ford  asked  NHTSA  to  reexamine  this  issue. 

In  its  denial  of  a  two-vehicle  credit  provision  for 
cars,  NHTSA  explained  that  the  1.5  vehicle  credit 
already  provided  an  extra  incentive  for  manufactur- 
ers to  install  air  bags  for  both  the  driver  and  right 
front  passenger  and  that  no  manufacturer  had  pro- 
vided detailed  data  specifically  explaining  how  a 
two-car  credit  would  serve  as  an  additional  incentive 
to  any  manufacturer  to  change  its  production  plans 
during  the  phase-in.  Absent  such  a  quantification, 
NHTSA's  judgment  was  that  a  two-vehicle  credit 
provision  could  actually  serve  as  a  disincentive  to 
installing  air  bags  in  the  greatest  number  of  vehi- 
cles during  the  phase-in. 

The  agency  believes  this  reasoning  is  equally  appli- 
cable to  light  trucks.  Neither  Ford  nor  any  other 
manufacturer  has  provided  any  details  about  how  a 
two-truck  credit  would  affect  their  plans  to  install  air 
bags  in  their  trucks.  Absent  such  information,  it  is 
NHTSA's  technical  judgment  that  an  additional  0.5 
vehicle  credit  over  and  above  the  existing  1.5  vehicle 
credit  for  trucks  with  both  driver  and  passenger  air 
bags  would  not  ensure  more  air  bags  in  light  trucks 
during  the  phase-in.  Hence,  this  final  rule  does  not 
include  a  two-truck  credit  provision. 

During  the  phase-in  of  automatic  crash  protection 
in  passenger  cars,  NHTSA  decided  to  permit  the 
"carry-forward"  of  credits  for  vehicles  equipped  with 
automatic  crash  protection.  The  carry-forward  provi- 
sions allow  manufacturers  that  exceed  the  minimum 
percentage  of  vehicles  equipped  with  automatic 
crash  protection  in  one  year  of  the  phase-in  to  count 
those  excess  vehicles  as  credits  toward  the  specified 
percentage  during  any  subsequent  model  years  of 
the  phase-in.  Additionally,  for  passenger  cars,  man- 


PART  571;  S208-PRE  495 


ufacturers  were  allowed  to  count  cars  produced  dur- 
ing the  year  before  the  start  of  the  phase-in  as 
credits  toward  the  specified  percentage  in  any  year 
of  the  phase-in.  NHTSA  explained  that  these  carry- 
forward credits  would  encourage  the  early  introduc- 
tion of  more  vehicles  with  automatic  crash  protection, 
provide  increased  flexibility  for  vehicle  manufacturers, 
and  assure  an  orderly  build-up  of  production  capa- 
bility for  automatic  crash  protection.  The  agency 
proposed  to  allow  the  same  carry-forward  of  credits 
during  the  phase-in  of  automatic  crash  protection  for 
light  trucks. 

Ford  commented  that  it  supported  the  proposed 
carry-forward  of  credits.  However,  Ford  requested 
that  manufacturers  be  permitted  to  carry-forward 
credits  for  light  trucks  equipped  with  automatic 
crash  protection  that  are  produced  in  the  2  years 
before  the  start  of  the  phase-in  (i.e.,  September  1, 
1992  to  August  31,  1994),  instead  of  the  proposed 
carry-forward  of  credits  for  automatic  crash  protec- 
tion in  light  trucks  produced  in  the  year  before  the 
start  of  the  phase-in  (i.e.,  September  1,  1993  to 
August  31,  1994).  Ford  commented  that  this  exten- 
sion of  the  carry-forward  credit  provision  would 
encourage  manufacturers  to  introduce  automatic 
crash  protection  in  light  trucks  as  soon  as  possible. 

NHTSA  is  persuaded  by  this  comment.  To  the 
extent  that  light  truck  manufacturers  are  not  per- 
mitted to  receive  credit  for  trucks  equipped  with 
automatic  crash  protection  produced  before  the  start 
of  the  phase-in,  those  manufacturers  would  have  an 
incentive  to  hold  off  the  installation  of  automatic 
crash  protection  in  their  light  trucks  until  they 
would  receive  such  credit.  Otherwise,  a  manufac- 
turer that  installed  automatic  crash  protection  as 
soon  as  it  could  in  its  light  trucks  would  end  up 
installing  automatic  crash  protection  in  a  higher 
percentage  of  its  vehicles  than  manufacturers  who 
make  lesser  efforts  to  install  automatic  crash  protec- 
tion, while  both  received  the  same  credits  for  pur- 
poses of  complying  with  the  phase-in.  For  example,  a 
manufacturer  that  installs  automatic  crash  protec- 
tion in  10  percent  of  its  vehicles  the  model  year 
before  the  phase-in  starts  and  then  in  an  additional 
ten  percent  of  its  vehicles  during  the  first  year  of  the 
phase-in  (for  a  total  of  20  percent  of  its  vehicles) 
would  not  be  credited  any  differently  than  a  manu- 
facturer that  equipped  20  percent  of  its  vehicles  with 
automatic  crash  protection  during  the  first  year  of 
the  phase-in,  if  there  were  no  provision  allowing 
carry-forward  of  credits.  Hence,  an  extension  of  the 
period  for  carry-forward  credits  serves  the  interests 
of  safety  by  encouraging  the  earliest  possible  intro- 
duction of  automatic  crash  protection.  Accordingly, 
this  rule  adopts  Ford's  suggestion  to  permit  the 
carry-forward  of  credits  for  light  trucks  equipped 
with  automatic  crash  protection  produced  in  the  2 


years  before  the  start  of  the  phase-in. 

Obviously,  light  trucks  that  are  not  certified  as 
complying  with  the  automatic  crash  protection  re- 
quirements cannot  be  carried  forward  as  credits 
toward  complying  with  the  automatic  protection 
requirements.  The  agency  has  slightly  revised  the 
provision  for  calculating  credits  in  S4.2.5.5  of  Stand- 
ard No.  208  and  the  reporting  requirements  in 
§  585.5(bX2),  to  ensure  that  all  parties  understand 
that  carry-forward  credits  are  only  available  for 
light  trucks  certified  as  providing  automatic  crash 
protection. 

Finally,  Mazda  asked  the  agency  to  permit  the 
"carry-back"  of  credits,  a  procedure  that  was  explic- 
itly rejected  for  the  passenger  car  phase-in.  "Carry- 
back" provisions  allow  manufacturers  that  fall  short 
of  the  minimum  percentage  of  vehicles  equipped 
with  automatic  crash  protection  in  one  year  of  the 
phase-in  to  make  up  the  shortfall  in  future  model 
years  of  the  phase-in.  Carry-back  provisions  were 
rejected  for  the  passenger  car  phase-in,  because 
these  provisions  would  allow  vehicle  manufacturers 
to  delay  the  installation  of  automatic  crash  protec- 
tion and  result  in  lesser  safety  benefits  for  the 
public. 

Mazda  did  not  question  the  agency's  previous 
conclusions  that  carry-back  credits  delay  the  avail- 
ability of  automatic  crash  protection.  Absent  any 
additional  information,  NHTSA  has  no  basis  for 
changing  its  previously  stated  rejection  of  the  con- 
cept of  carry-back  credits  during  the  phase-in  period. 

5.  Compatibility  with  Child  Safety  Seats 
In  the  NPRM,  the  agency  proposed  to  include 
special  requirements  for  the  passenger  seating  posi- 
tion in  two-seater  vehicles.  The  agency  proposed  that 
the  automatic  crash  protection  system  installed  at 
the  right  front  seating  position  must  be  capable  of 
being  adjusted  to  secure  a  child  safety  seat  or  the 
seating  position  must  be  equipped  with  an  original 
equipment  manual  lap  or  lap/shoulder  belt  to  secure 
a  child  seat.  Many  vehicle  manufacturers  that  com- 
mented on  the  NPRM  objected  to  this  proposal. 
Motor  Voters  and  the  Automotive  Occupant  Re- 
straints Council  both  supported  the  proposal. 

After  the  publication  of  this  NPRM  on  automatic 
crash  protection  in  light  trucks,  the  agency  pub- 
lished an  NPRM  devoted  to  the  subject  of  the  com- 
patibility of  safety  belt  systems  with  child  safety 
seats;  55  FR  30937;  July  30,  1990.  Instead  of  ad- 
dressing this  issue  in  a  piecemeal  fashion  in  several 
different  rulemakings,  NHTSA  believes  it  is  more 
appropriate  to  use  the  child  seat  compatibility  rule- 
making as  the  forum  for  addressing  all  concerns 
about  the  compatibility  of  child  safety  seats  and  the 
various  occupant  protection  systems,  including  au- 
tomatic crash  protection  systems.  Hence,  the  subject 


PART  571;  S208-PRE  496 


will  not  be  addressed  further  in  this  rulemaking 
action. 

}    Technical  Amendments  of  Regulatory 
Language 

Ford  concluded  its  comments  with  a  request  that 
NHTSA  clarify  the  interrelationship  of  three  rule- 
making actions  under  Standard  No.  208  addressing 
occupant  protection  requirements  for  light  trucks. 
The  first  of  these  was  the  rule  requiring  dynamic 
testing  of  manual  safety  belts  installed  in  front 
outboard  seating  positions  in  light  trucks  (52  FR 
44898;  November  23,  1987),  codified  at  S4.2.2  and 
S4.2.3  of  Standard  No.  208.  The  second  rulemaking 
was  the  requirement  for  rear  seat  lap/shoulder 
safety  belts  in  light  trucks  (54  FR  46257;  November 
2,  1989),  codified  at  S4.2.4  of  Standard  No.  208.  The 
third  rulemaking  is  this  rulemaking  requiring  au- 
tomatic crash  protection  in  light  trucks,  codified  at 
S4.2.5  and  S4.2.6  of  Standard  No.  208. 

Ford  commented  that  S4.2.4  appears  to  require 
lap/shoulder  belts  in  rear  outboard  seating  positions 
of  most  light  trucks.  However,  Ford  correctly  noted 
that  the  dynamic  testing  requirements  for  manual 
safety  belts  in  light  trucks  and  the  automatic  crash 
protection  requirements  for  light  trucks  refer  to  the 
older  passenger  car  options  for  occupant  protection, 
which  permit  the  installation  of  lap-only  safety  belts 
ft  in  rear  outboard  seats  of  vehicles.  Ford  suggested 
that  this  be  clarified.  This  rule  makes  the  requested 
clarification,  so  that  no  unintended  confusion  will 
arise  about  whether  light  trucks  must  be  equipped 
with  lap/shoulder  belts  in  rear  seating  positions. 

Ford  also  commented  that  it  was  unclear  if  the 
dynamic  testing  requirements  for  light  trucks 
equipped  with  manual  safety  belts  applied  to  light 
trucks  equipped  with  manual  safety  belts  that  are 
produced  during  the  phase-in  period  for  automatic 
crash  protection.  The  answer  is  that  dynamic  testing 
will  apply  to  all  subject  light  trucks  manufactured 
on  or  after  September  1,  1991,  including  the  years 
during  which  automatic  crash  protection  will  be 
phased  in,  that  meet  the  requirements  of  Standard 
No.  208  by  providing  manual  lap/shoulder  belts  at 
front  outboard  seating  positions.  Language  has  been 
added  to  the  dynamic  testing  requirements  to  make 
this  requirement  more  explicit. 

Finally,  Ford  commented  that  it  assumed  light 
trucks  not  subject  to  the  dynamic  testing  require- 


ments but  that  would  be  subject  to  the  automatic 
crash  protection  requirement  (motor  homes,  convert- 
ibles, open-body  vehicles,  etc.)  would  be  excluded 
from  a  manufacturer's  production  total  when  deter- 
mining compliance  with  the  phase-in.  This  assump- 
tion is  incorrect.  NHTSA  explicitly  proposed  to  in- 
clude these  vehicles  and  did  not  propose  to  exclude 
such  vehicles  during  the  phase-in.  This  rule  does  not 
have  any  such  exclusion. 

Regulatory  Impacts 

NHTSA  has  examined  the  impacts  of  this  rule- 
making action  and  determined  that  it  is  both  "ma- 
jor" within  the  meaning  of  Executive  Order  12291 
and  "significant"  within  the  meaning  of  the  Depart- 
ment of  Transportation's  regulatory  policies  and 
procedures,  because  of  both  the  costs  and  the  public 
interest  associated  with  this  proposed  rulemaking 
action.  Accordingly,  a  Final  Regulatory  Impact 
Analysis  (FRIA)  has  been  prepared  for  this  proposal, 
and  a  copy  of  the  FRIA  has  been  placed  in  the  public 
docket  for  this  rulemaking  action.  A  copy  of  the 
FRIA  may  be  obtained  by  writing  to:  Docket  Section, 
NHTSA,  Room  5109,  400  Seventh  Street,  SW,  Wash- 
ington, D.C.  20590. 

Tkble  1  presents  the  incremental  benefits  of  auto- 
matic crash  protection  assuming  all  light  trucks 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
would  have  automatic  belts,  or  assuming  all  light 
trucks  would  have  driver  side  air  bags,  or  assuming 
all  light  trucks  would  have  air  bags  for  the  driver 
and  right  front  seat  passenger.  These  benefits  can  be 
considered  to  accrue  over  the  lifetime  of  one  model 
year's  production  when  all  light  trucks  in  that  model 
year  have  automatic  crash  protection  or  these  bene- 
fits can  be  considered  annual  benefits  at  some  future 
date  when  all  light  trucks  in  the  fleet  incorporate 
automatic  crash  protection.  These  incremental  ben- 
efits are  compared  to  manual  safety  belt  use  rates  of 
26.6  to  40  percent  (26.6  percent  was  derived  from  the 
Fatal  Accident  Reporting  System,  and  represents 
belt  use  in  potentially  fatal  accidents  by  light  truck 
occupants  for  1989;  40  percent  is  an  estimate  of 
potential  safety  belt  use  levels  in  1995  based  on  a 
continuing  trend  of  increased  use  due  to  State  safety 
belt  use  laws,  consumer  safety  awareness,  and  safety 
belt  education  programs). 


PART  571;  S208-PRE  497 


TABLE  1 

Incremental  Benefits  for  Automatic  Crash  Protection 

Assuming  Light  Trucks  with  a  GVWR  of  8,500  Pounds  GVWR  or  Less 

And  Unloaded  Vehicle  Weight  of  5,500  Pounds  or  Less 

Were  Equipped  with  that  Type  of  Automatic  Protection 


Fatalities 


Driver 
Air  Bags 

1,573  to  1,855 

Driver  and 
Right  Front 
Air  Bags 

2,016  to  2,378 

Automatic 

Belts 

Usage 

50  Percent 

370  to  1,216 

60  Percent 

949  to  1,796 

70  Percent 

1,529  to  2,375 

The  estimated  costs  of  automatic  crash  pro 

AIS  2-5 
Injuries 


18,688  to  22,178 


23,960  to  28,434 


4,353  to  13,829 
10,881  to  20,357 
17,409  to  26,883 


AISl 
Injuries 


32,837  to  40,423 


42,098  to  51,824 


7,258  to  16,984 
14,517  to  24,243 
21,775  to  31,501 


TABLE  2 
Estimated  Consumer  Costs  of  Automatic  Crash  Protection 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Consumer 
Cost  (1989  $) 

$277.86 

404.16 

185.66 

44.21 


The  estimated  lifetime  fuel  costs  for  the  added  weight  of  these  various  types  of  automatic  protection  are 
shown  in  Table  3. 


TABLE  3 

Lifetime  Fuel  Cost 

(Present  Value,  10%  Annual  Discount  Rate) 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Incremental 

Weight  per 

Vehicle 

9.0  lbs. 
21.0 
10.0 

5.0 


Total  Vehicle 
Lifetime  Fuel 
Cost  (1989  $) 

$12.38 

28.80 

13.75 

6.89 


PART  571;  S208-PRE  498 


TABLE  4 

Tbtal  Vehicle  Costs  Including 

Lifetime  Fuel  Costs 

(Present  Value,  10%  Annual  Discount  Rate) 

(Without  Secondary  Weight) 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Incremental 

Weight  per 

Vehicle 


9.0  lbs. 
21.0 
10.0 

5.0 


Total  Per  Vehicle  Cost 
Including  Lifetime 
Fuel  Cost  (1989  $) 

$290.24 

432.96 

199.41 

51.10 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 

Additionally,  the  agency  has  analyzed  the  effects 
of  this  proposal  on  small  entities,  in  accordance  with 
the  Regulatory  Flexibility  Act.  This  analysis  ap- 
pears at  Section  IV  of  the  FRIA.  Based  on  the 
available  information,  the  agency  does  not  believe 
that  a  substantial  number  of  small  entities  will  be 
affected  by  this  final  rule,  and  that  any  effects  on 
small  entities  would  not  be  significant  economic 
impacts.  Interested  persons  are  invited  to  examine 
this  section  of  the  FRIA. 

The  agency  has  also  analyzed  this  rule  under  the 
National  Environmental  Policy  Act  and  determined 
that  it  will  not  have  a  significant  effect  on  the 
human  environment.  A  discussion  of  this  determi- 
nation can  be  found  in  the  Environmental  Assess- 
ment that  has  been  prepared  for  this  rule.  This 
report  is  available  in  the  public  docket  for  this 
rulemaking  action. 

This  rule  has  also  been  analyzed  in  accordance  with 
the  principles  and  criteria  contained  in  Executive 
Order  12612,  and  NHTSA  has  determined  that  it  does 
not  have  sufficient  federalism  implications  to  warrant 
the  preparation  of  a  Federalism  Assessment. 

The  Office  of  Management  and  Budget  (0MB)  had 
already  approved  NHTSA's  requirement  for  phase-in 
reporting  for  automatic  crash  protection  in  passen- 
ger cars  (0MB  #2127-0535).  However,  this  rule 
extends  the  existing  passenger  car  requirements  to 
light  trucks  during  the  phase-in  of  automatic  crash 
protection.  This  extension  is  considered  to  be  an 
information  collection  requirement,  as  that  term  is 


(With  Secondary  Weight) 

Incremental 
Weight  per 
Vehicle 


15.3  lbs. 
35.7 
17.0 
8.5 


Total  Per  Vehicle  Cost 
Including  Lifetime 
Fuel  Cost  (1989  $) 

$303.76 

464.47 

214.43 

58.62 


defined  by  0MB  in  5  CFR  Part  1320.  Accordingly, 
the  information  collection  requirement  was  submit- 
ted to  and  approved  by  0MB,  pursuant  to  the  re- 
quirements of  the  Paperwork  Reduction  Act  (44 
U.S.C.  3501  et  seq.).  The  reporting  and  recordkeep- 
ing requirements  in  this  rule  have  been  assigned 
0MB  #2127-0535  and  approved  through  April  30, 
1993. 

In  consideration  of  the  foregoing.  Chapter  V  of 
Title  49  of  the  Code  of  Federal  Regulations  is 
amended  as  follows: 

84.2  of  Standard  No.  208  is  amended  by  revising 
S4.2.2,  S4.2.3,  and  the  title  of  S4.2.4,  and  adding 
new  S4.2.5  and  S4.2.6,  to  read  as  follows: 

S4.2  Trucks  and  multipurpose  passenger  ve- 
hicles with  GVWR  of  10,000  pounds  or  less. 

***** 

S4.2.2  Trucks  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less,  manufactured  on  or  after  September  1, 
1991  and  before  September  1,  1997.  Except  as 
provided  in  S4.2.4,  each  truck  and  multipurpose 
passenger  vehicle  with  a  gross  vehicle  weight  rating 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less,  manufactured  on  or 
after  September  1,  1991  and  before  September  1, 
1997,  shall  meet  the  requirements  of  S4. 1.2.1,  or  at 
the  option  of  the  manufacturer,  S4.1.2.2  or  S4.1.2.3 
(as  specified  for  passenger  cars),  except  that  convert- 
ibles,  open-body   type   vehicles,   walk-in   van-type 


PART  571;  S208-PRE  499 


trucks,  motor  homes,  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  and  vehicles 
carrying  chassis-mount  campers  may  instead  meet 
the  requirements  of  S4. 2. 1.1  orS4.2.1.2.  Each  Type  2 
seat  belt  assembly  installed  in  a  front  outboard 
designated  seating  position  in  accordance  with 
S4.1.2.3  shall  meet  the  requirements  of  S4.6. 

54.2.3  Trucks  and  multipurpose  passenger 
vehicles  manufactured  on  or  after  September  1, 
1991  with  either  a  GVWR  of  more  than  8,500 
pounds  but  not  greater  than  10,000  pounds  or 
with  an  unloaded  vehicle  weight  greater  than 
5,500  pounds  and  a  GVWR  of  10,000  pounds  or 
less.  Except  as  provided  in  S4.2.4,  each  truck  and 
multipurpose  passenger  vehicle  manufactured  on  or 
after  September  1,  1991,  that  has  either  a  gross 
vehicle  weight  rating  which  is  greater  than  8,500 
pounds,  but  not  greater  than  10,000  pounds,  or  has 
an  unloaded  vehicle  weight  greater  than  5,500 
pounds  and  a  GVWR  of  10,000  pounds  or  less,  shall 
meet  the  requirements  of  S4. 1.2.1,  or  at  the  option  of 
the  manufacturer,  S4. 1.2.2  or  S4. 1.2.3  (as  specified 
for  passenger  cars),  except  that  convertibles,  open- 
body  type  vehicles,  walk-in  van-type  trucks,  motor 
homes,  vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service,  and  vehicles  carrying  chassis- 
mount  campers  may  instead  meet  the  requirements 
ofS4.2.1.1  or  S4. 2.1.2. 

54.2.4  Rear  outboard  seating  positions  in 
trucks  and  multipurpose  passenger  vehicles 
manufactured  on  or  after  September  1,  1991 
with  a  GVWR  of  10,000  pounds  or  less.    *    *    * 

***** 

54.2.5  Trucks,  buses,  and  mvdtipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994,  and  before  September  1,  1997. 

S4.2.5.1  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994  and  before  September  1,  1995. 

S4.2.5.1.1  Subject  to  S4.2.5.1.2  and  S4. 2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1994  and  before  September 
1,  1995,  shall  comply  with  the  requirements  of 
S4.1.2.1,  S4.1.2.2,  or  S4. 1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 


in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

S4.2.5.1.2    Subject    to    S4.2.5.5,    the    amount   of     / 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4. 2.5. 1.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  20 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1, 1991,  and  before  September 
1,  1994,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 
period  specified  in  S4.2.5.1.1. 

S4.2.5.2  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1995  and  before  September  1,  1996. 

54.2.5.2.1  Subject  to  S4.2.5.2.2  and  S4.2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu-      ( 
sively  sold  to  the  U.S.  Postal  Service,  with  a  GVWR 

of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1995  and  before  September 
1,  1996,  shall  comply  with  the  requirements  of 
S4.1.2.1,  S4.1.2.2,  or  S4. 1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 
in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

54.2.5.2.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.2.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  50 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1, 1992,  and  before  September 
1,  1995,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 


PART  571;  S208-PRE  500 


period  specified  in  S4.2.5.2.1. 

54.2.5.3  Trucks,  buses,  and  multipurpose  pas- 

)senger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1996  and  before  September  1,  1997. 

54.2.5.3.1  Subject  to  S4.2.5.3.2  and  S4.2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1996  and  before  September 
1,  1997,  shall  comply  with  the  requirements  of 
S4.1.2.1,  S4. 1.2.2,  or  S4.1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 
in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

54.2.5.3.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.3.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  90 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 

I  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1, 1993,  and  before  September 
1,  1996,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 
period  specified  in  S4.2.5.3.1. 

54.2.5.4  Alternative  phase-in  schedule.  A  man- 
ufacturer may,  at  its  option,  comply  with  the  require- 
ments of  this  section  instead  of  complying  with  the 
requirements  set  forth  in  S4.2.5.1,  S4.2.5.2,  and 
S4.2.5.3. 

(a)  Except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is  man- 
ufactured on  or  after  September  1,  1994  and  before 
September  1,  1995,  shall  comply  with  the  require- 
ments of  S4.1.2.1,  S4. 1.2.2,  or  S4.1.2.3  (as  specified 

k     for  passenger  cars). 

f  (b)  Except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 


exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is  man- 
ufactured on  or  after  September  1, 1995  shall  comply 
with  the  requirements  of  S4. 1.2.1  (as  specified  for 
passenger  cars)  of  this  standard.  A  vehicle  shall  not 
be  deemed  to  be  in  noncompliance  with  this  Stand- 
ard if  its  manufacturer  establishes  that  it  did  not 
have  reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 

(c)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
manufactured  on  or  after  September  1,  1995,  but 
before  September  1,  1998,  whose  driver's  seating 
position  complies  with  the  requirements  of 
S4. 1.2. 1(a)  of  this  standard  by  means  not  including 
any  type  of  seat  belt  and  whose  right  front  passen- 
ger's seating  position  is  equipped  with  a  manual 
Type  2  seat  belt  that  complies  with  S5.1  of  this 
standard,  with  the  seat  belt  assembly  adjusted  in 
accordance  with  S7.4.2,  shall  be  counted  as  a  vehicle 
complying  with  S4. 1.2.1. 

S4.2.5.5  Calculation  of  complying  trucks, 
buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less. 

(a)  For  the  purposes  of  the  calculations  required  in 
S4.2.5.1.2,  S4.2.5.2.2,  and  S4.2.5.3.2  of  the  number 
of  trucks,  buses,  and  multipurpose  passenger  vehi- 
cles with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  that 
comply  with  S4. 1.2.1  (as  specified  for  passenger 
cars): 

(1)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
whose  driver's  seating  position  complies  with  the 
requirements  of  S4. 1.2. 1(a)  by  means  not  including 
any  type  of  seat  belt  and  whose  front  right  seating 
position  complies  with  the  requirements  of 
S4. 1.2. 1(a)  by  any  means  is  counted  as  1.5  vehicles, 
and 

(2)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
whose  driver's  seating  position  complies  with  the 
requirements  of  S4. 1.2. 1(a)  by  means  not  including 
any  type  of  seat  belt  and  whose  right  front  passen- 
ger's seating  position  is  equipped  with  a  manual 
Type  2  seat  belt  that  complies  with  S5.1  of  this 
Standard,  with  the  seat  belt  assembly  adjusted  in 
accordance  with  S7.4.2,  is  counted  as  one  vehicle. 

(3)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  that 


PART  571;  S208-PRE  501 


is  manufactured  in  two  or  more  stages  or  that  is 
altered  (within  the  meaning  of  §  567.7  of  this  chap- 
ter) after  having  previously  been  certified  in  accor- 
dance with  Part  567  of  this  chapter  is  not  subject  to 
the  requirements  of  S4.2.5.1.2,  S4.2.5.2.2,  and 
S4.2.5.3.2.  Such  vehicles  may  be  excluded  from  all 
calculations  of  compliance  with  S4.2.5.1.2,  S4.2.5.2.2, 
and  S4.2.5.3.2. 

(b)  For  the  purposes  of  complying  with  S4.2.5.1.2, 
a  truck,  bus,  or  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it; 

(1)  Is  manufactured  on  or  after  September  1,  1992, 
but  before  September  1,  1994,  and 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars). 

(c)  For  the  purposes  of  complying  with  S4.2.5.2.2,  a 
truck,  bus,  or  multipurpose  passenger  vehicle  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1, 1992, 
but  before  September  1,  1995, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4.2.5.1.2. 

(d)  For  the  purposes  of  complying  with  S4.2.5.3.2, 
a  truck,  bus,  or  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1, 1992, 
but  before  September  1,  1996, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4.2.5.1.2  or  S4.2.5.2.2. 

S4.2.5.6  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  produced  by  more  than  one 
manufacturer. 

S4.2.5.6.1  For  the  purposes  of  calculating  average 
annual  production  for  each  manufacturer  and  the 
amount  of  vehicles  manufactured  by  each  manufac- 
turer under  S4.2.5.1.2,  S4.2.5.2.2,  or  S4.2.5.3.2,  a 
truck,  bus,  or  multipurpose  passenger  vehicle  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  produced  by 
more  than  one  manufacturer  shall  be  attributed  to  a 
single  manufacturer  as  follows,  subject  to  S4.2.5.6.2: 

(a)  A  vehicle  that  is  imported  shall  be  attributed  to 
the  importer. 

(b)  A  vehicle  that  is  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of  which 


also  markets  the  vehicle,  shall  be  attributed  to  the 
manufacturer  that  markets  the  vehicle. 

84.2.5.6.2  A  truck,  bus,  or  multipurpose  passenger  / 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an  ^ 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
produced  by  more  than  one  manufacturer  shall  be 
attributed  to  any  one  of  the  vehicle's  manufacturers 
specified  in  an  express  written  contract,  reported  to 
the  National  Highway  Traffic  Safety  Administration 
under  49  CFR  Part  585,  between  the  manufacturer 
so  specified  and  the  manufacturer  to  which  the 
vehicle  would  otherwise  be  attributed  under 
S4.2.5.4.1. 

S4.2.6  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1997.  Except  as  provided  in  S4.2.4,  each 
truck,  bus,  and  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1,  1997  shall  comply  with  the 
requirements  of  S4. 1.2.1  (as  specified  for  passenger 
cars)  of  this  standard,  except  that  walk-in  van-type 
trucks  and  vehicles  designed  to  be  exclusively  sold  to 
the  U.S.  Postal  Service  may  instead  meet  the  re- 
quirements of  S4.2.1.1  or  S4.2.1.2.  Each  truck,  bus, 
and  multipurpose  passenger  vehicle  with  a  GVWR  , 
of  8,500  pounds  or  less  and  an  unloaded  vehicle  y 
weight  of  5,500  pounds  or  less  manufactured  on  or 
after  September  1,  1997,  but  before  September  1, 
1998,  whose  driver's  seating  position  complies  with 
the  requirements  of  S4. 1.2. 1(a)  of  this  Standard  by 
means  not  including  any  type  of  seat  belt  and  whose 
right  front  passenger's  seating  position  is  equipped 
with  a  manual  Type  2  seat  belt  that  complies  with 
S5.1  of  this  Standard,  with  the  seat  belt  assembly 
adjusted  in  accordance  with  S7.4.2,  shall  be  counted 
as  a  vehicle  complying  with  S4. 1.2.1.  A  vehicle  shall 
not  be  deemed  to  be  in  noncompliance  with  this 
Standard  if  its  manufacturer  establishes  that  it  did 
not  have  reason  to  know  in  the  exercise  of  due  care 
that  such  vehicle  is  not  in  conformity  with  the 
requirement  of  this  standard. 

3.  A  new  S4.4.4  is  added  to  Standard  No  208,  to 
read  as  follows: 

S4.4  Buses. 

***** 

S4.4.4  Buses  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994.  Each  bus  with  a  GVWR  of  8,500  | 
pounds  or  less  and  an  unloaded  vehicle  weight  of  ' 
5,500  pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994  shall  comply  with  the  requirements 


PART  571;  S208-PRE  502 


of  S4.2.5  and  S4.2.6  of  this  standard,  as  applicable, 
for  front  seating  positions,  and  with  the  require- 
ments of  S4.4.3.2  or  S4.4.3.3  of  this  standard,  as 
applicable,  for  all  rear  seating  positions. 

***** 

4.  S8. 1.1(b)  of  Standard  No.  208  is  revised  to  read 
as  follows: 

S8.  Test  conditions. 

***** 

SB. 1.1  Except  as  provided  in  paragraph  (c)  of  this 
section,  the  vehicle,  including  test  devices  and  in- 
strumentation, is  loaded  as  follows: 

***** 

(b)  Mviltipurpose  passenger  vehicles,  trucks, 
and  buses.  A  multipurpose  passenger  vehicle,  truck, 
or  bus  is  loaded  to  its  unloaded  vehicle  weight  plus  300 
pounds  or  its  rated  cargo  and  luggage  capacity  weight, 
whichever  is  less,  secured  in  the  load  carrying  area 
and  distributed  as  nearly  as  possible  in  proportion  to 
its  gross  axle  weight  ratings,  plus  the  weight  of  the 
necessary  anthropomorphic  test  devices.  For  the  pur- 
poses of  this  section,  unloaded  vehicle  weight  does  not 
include  the  weight  of  work-performing  accessories. 
Vehicles  are  tested  to  a  maximum  unloaded  vehicle 
weight  of  5,500  pounds. 


I    PART  585-[AMENDED] 

5.  The  authority  citation  for  Part  585  continues  to 
read  as  follows: 

Authority:  15  U.S.C.  1392,  1401,  1407;  delegation 
of  authority  at  49  CFR  1.50. 

6.  Section  585.1  is  revised  to  read  as  follows: 
This  part  establishes  requirements  for  manufac- 
turers of  trucks,  buses,  and  multipurpose  passenger 
vehicles  with  a  gross  vehicle  weight  rating  (GVWR) 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  to  submit  reports,  and 
to  maintain  records  related  to  the  reports,  concern- 
ing the  number  of  such  vehicles  equipped  with 
automatic  crash  protection  in  compliance  with  the 
requirements  of  S4.2.5  of  Standard  No.  208,  Occu- 
pant Crash  Protection  (49  CFR  §  571.208). 

7.  Section  585.2  is  revised  to  read  as  follows: 

§  585.2  Purpose. 

The  purpose  of  these  reporting  requirements  is  to 
aid  the  National  Highway  Ti-affic  Safety  Adminis- 
tration in  determining  whether  a  manufacturer  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  has 
k  complied  with  the  requirements  of  Standard  No.  208, 
■  Occupant  Crash  Protection  (49  CFR  §  571.208)  to 
install  automatic  crash  protection  in  specified  per- 
centages of  the  manufacturer's  annual  production  of 


those  vehicles. 

8.  Section  585.3  is  revised  to  read  as  follows: 

§  585.3  Applicability. 

This  part  applies  to  manufacturers  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less.  However,  this 
part  does  not  apply  to  any  such  manufacturers 
whose  production  consists  exclusively  of: 

(a)  vehicles  manufactured  in  two  or  more  stages; 

(b)  walk-in  van-type  trucks; 

(c)  vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service; 

(d)  Vehicles  that  are  altered  after  previously  hav- 
ing been  certified  in  accordance  with  part  567  of  this 
chapter. 

7.  Section  585.4  is  revised  to  read  as  follows: 

§  585.4  Definitions. 

(a)  All  terms  defined  in  section  102  of  the  National 
Traffic  and  Motor  Vehicle  Safety  Act  (15  U.S.C.  1391) 
are  used  in  their  statutory  meaning. 

(b)  Bus,  gross  vehicle  weight  rating  or  GVWR, 
multipurpose  passenger  vehicle,  truck,  and  unloaded 
vehicle  weight  are  used  as  defined  in  §  571.3  of  this 
chapter 

(c)  Production  year  means  the  12-month  period 
between  September  1  of  the  prior  year  and  August 
31  of  the  year  in  question,  inclusive. 

8.  Section  585.5  is  revised  to  read  as  follows: 

§  585.5  Reporting  requirements. 

(a)  General  reporting  requirements. 

(1)  Within  60  days  after  the  end  of  the  production 
years  ending  August  31,  1995,  August  31,  1996,  and 
August  31,  1997,  each  manufacturer  that  manufac- 
tured any  trucks,  buses,  and  multipurpose  passen- 
ger vehicles  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  during  the  production  year  (other  than  walk-in 
van-type  trucks,  vehicles  designed  to  be  exclusively 
sold  to  the  U.S.  Postal  Service,  vehicles  manufac- 
tured in  two  or  more  stages,  or  vehicles  that  were 
altered  after  previously  having  been  certified  in 
accordance  with  part  567  of  this  chapter)  shall 
submit  a  report  to  the  National  Highway  Traffic 
Safety  Administration  concerning  its  compliance 
with  the  requirements  of  Standard  No.  208  (49  CFR 
571.208)  for  installation  of  automatic  crash  protec- 
tion in  such  vehicles  manufactured  during  that 
production  year. 

(2)  Each  report  submitted  in  compliance  with 
paragraph  (aXD  of  this  section  shall: 

(i)  Identify  the  manufacturer; 
(ii)  State  the  full  name,  title,  and  address  of  the 
official  responsible  for  preparing  the  report; 


PART  571;  S208-PRE  503 


(iii)  Identify  the  production  year  for  which  the 
report  is  filed; 

(iv)  Contain  a  statement  regarding  the  extent  to 
which  the  manufacturer  has  complied  with  the  re- 
quirements of  S4.2.5  of  Standard  No.  208  (§  571.208 
of  this  chapter); 

(v)  Provide  the  information  specified  in  paragraph 
(b)  of  this  section; 

(vi)  Be  written  in  the  English  language;  and 

(vii)  Be  submitted  to:  Administrator,  National 
Highway  Traffic  Safety  Administration,  400  Seventh 
Street,  S.W.,  Washington,  D.C.  20590. 

(b)  Report  content. 

(1)  Basis  for  phase-in  production  goals.  Each  man- 
ufacturer shall  report  the  number  of  trucks,  buses, 
and  multipurpose  passenger  vehicles  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  it  manufactured 
for  sale  in  the  United  States  for  each  of  the  three 
preceding  production  years  or,  at  the  manufacturer's 
option,  for  the  production  year  for  which  the  report  is 
filed.  A  manufacturer  that  did  not  manufacture  any 
trucks,  buses,  or  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
during  each  of  the  three  preceding  production  years 
must  report  the  number  of  trucks,  buses,  and  multi- 
purpose passenger  vehicles  with  a  GVWR  or  8,500 
pounds  or  less  and  an  unloaded  vehicle  weight  of 
5,500  pounds  or  less  manufactured  during  the  pro- 
duction year  for  which  the  report  is  filed. 

(2)  Production.  Each  manufacturer  shall  report  for 
the  production  year  for  which  the  report  is  filed,  and 
for  each  preceding  production  year,  to  the  extent  that 
trucks,  buses,  and  multipurpose  passenger  vehicles 
produced  during  the  preceding  production  years  are 
treated  under  §  571.208  of  this  chapter  as  having 
been  produced  during  the  production  period  for 
which  the  report  is  filed,  the  information  specified  in 
paragraphs  (bX2Xi)  through  (bX2Xiii)  of  this  section, 
inclusive,  with  respect  to  its  trucks,  buses,  and 
multipurpose  passenger  vehicles  with  a  GVWR  of 
8,500  pounds  or  less  and  an  unloaded  vehicle  weight 
of  5,500  pounds  or  less. 

(i)  The  number  of  those  vehicles  certified  as  com- 
plying with  S4. 1.2.1  of  Standard  No.  208,  Occupant 
Crash  Protection  (49  CFR  §  571.208)  because  they 
are  equipped  with  automatic  seat  belts  and  the 


seating  positions  at  which  those  belts  are  installed; 

(ii)  The  number  of  those  vehicles  certified  as 
complying  with  S4.1.2.1  of  Standard  No.  208,  Occu 
pant  Crash  Protection  (49  CFR  §  571.208)  because 
they  are  equipped  with  air  bags  and  the  seating 
positions  at  which  those  air  bags  are  installed;  and 

(iii)  The  number  of  those  vehicles  certified  as 
complying  with  S4.1.2.1  of  Standard  No.  208,  Occu- 
pant Crash  Protection  (49  CFR  §571.208)  because 
they  are  equipped  with  other  forms  of  automatic 
crash  protection,  which  forms  of  automatic  crash 
protection  shall  be  described,  and  the  seating  posi- 
tions at  which  those  forms  of  automatic  crash  pro- 
tection are  installed. 

(3)  Vehicles  produced  by  more  than  one  manufac- 
turer Each  manufacturer  whose  reporting  of  infor- 
mation is  affected  by  one  or  more  of  the  express 
written  contracts  permitted  by  section  S4.2.5.6.2  of 
§  571.208  of  this  chapter  shall: 

(i)  Report  the  existence  of  each  such  contract, 
including  the  names  of  all  parties  to  each  such 
contract,  and  explain  how  the  contract  affects  the 
report  being  filed;  and 

(ii)  Report  the  number  of  vehicles  covered  by  each 
such  contract. 

11.  Section  585.6  is  revised  to  read  as  follows: 

§  585.6  Records. 

Each  manufacturer  shall  maintain  records  of  the 
vehicle  identification  number  and  type  of  automatic 
crash  protection  for  each  vehicle  for  which  informa- 
tion was  reported  under  §  585.5(bX2),  until  Decem- 
ber 31,  1999. 

Issued  on  March  20,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  12472 
March  26,  1991 


PART  571;  S208-PRE  504 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 

SAFETY  STANDARD  NO.  208 

Occupant  Protection 

(Docket  No.  74-14;  Notice  71) 
RIN  2127-AD11 


ACTION:  Final  rule. 


SUMMARY:  This  agency  has  expressed  its  intention 
to  exclude  safety  belts  that  meet  dynamic  testing 
requirements  from  some  of  the  static  testing  require- 
ments to  which  all  safety  belts  are  subject.  Dynamic 
testing  consists  of  a  30  mile  per  hour  crash  test  of  the 
vehicle  using  test  dummies  as  surrogates  for  human 
occupants.  Since  the  dynamic  test  measures  the 
actual  occupant  protection  which  the  belt  provides 
during  a  crash,  there  is  no  apparent  need  to  subject 
that  belt  to  static  testing  procedures  that  are  surro- 
gate and  less  direct  measures  of  the  protection  which 
the  belt  would  provide  to  its  occupants  during  a 
crash. 
^  In  order  to  avoid  needless  regulatory  restrictions 
"  on  safety  belts  that  have  been  dynamically  tested, 
this  rule  amends  the  agency's  regulations  to  more 
accurately  express  the  scope  of  the  exemption  from 
the  static  testing  requirements  for  safety  belts  that 
are  dynamically  tested.  Specifically,  this  rule: 

1.  Excludes  all  safety  belts  that  are  subject  to  the 
dynamic  testing  requirements,  regardless  of  the  type 
of  vehicle  in  which  those  belts  are  installed,  from 
some  of  the  static  testing  requirements  for  safety 
belts; 

2.  Permits  the  use  of  load  limiters  on  all  safety  belts 
installed  at  seating  positions  subject  to  the  dynamic 
testing  requirements,  regardless  of  whether  the  sub- 
ject belts  are  automatic  or  manual  safety  belts;  and 

3.  Correctly  identifies  all  of  the  static  testing 
requirements  from  which  automatic  safety  belts  and 
manual  safety  belts  subject  to  the  dynamic  testing 
requirements  are  excluded  in  the  safety  standards, 
instead  of  listing  some  of  those  requirements  in  the 
safety  standards  and  adding  others  in  the  agency's 
interpretations  and  preambles  to  rules. 

This  notice  also  clarifies  which  safety  belts  the 

agency  was  referring  to  when  it  described  safety 

belts  as  "dynamically  tested."  NHTSA  was  referring 

^  only  to  all  automatic  belts  and  to  manual  safety 

B  belts  that  are  the  only  occupant  restraint  system  at 

•     a  seating  position.  Thus,  any  manual  safety  belts 

installed  at  seating  positions  also  equipped  with 

either  an  automatic  safety  belt  or  an  air  bag  are  not 


"dynamically  tested"  safety  belts  with  the  meaning 
of  this  rule.  Such  manual  safety  belts  are,  therefore, 
subject  to  the  strength,  webbing  width,  and  other 
requirements  of  Standard  No.  209.  However,  this 
rule  excludes  manual  safety  belts  installed  at  seat- 
ing positions  also  equipped  with  either  an  automatic 
safety  belt  or  an  air  bag  from  the  elongation  require- 
ments of  Standard  No.  209.  This  exclusion  will  allow 
maximum  engineering  flexibility  in  the  design  of 
these  manual  belt  systems,  while  still  ensuring 
effective  occupant  protection. 

DATES:  These  amendments  take  effect  April  16, 
1991. 

SUPPLEMENTARY  INFORMATION: 

Background 

Standard  No.  209,  Seat  Belt  Assemblies  (49  CFR 
571.209),  sets  forth  a  series  of  static  tests  for 
strength  and  other  qualities  of  the  webbing  and 
hardware  used  in  a  seat  belt  assembly,  along  with 
some  additional  tests  of  the  seat  belt  assembly  as  a 
whole.  Absent  a  dynamic  test,  these  tests  individu- 
ally evaluate  each  of  the  aspects  of  a  belt  system  that 
NHTSA  believes  are  necessary  to  ensure  that  the 
belt  system  will  provide  adequate  occupant  protec- 
tion in  a  crash.  For  instance,  the  strength  require- 
ments in  Standard  No.  209  are  intended  to  ensure 
that  the  safety  belt  is  strong  enough  to  withstand 
the  loads  imposed  by  a  person  using  the  belt  in  a 
crash;  the  webbing  elongation  requirements  help 
ensure  that  the  belt  will  not  stretch  so  much  that  it 
provides  a  lesser  level  of  protection;  and  so  forth. 
NHTSA  assumes  that  any  belt  system  that  achieves 
the  required  level  of  performance  in  all  of  these  tests 
will  offer  adequate  occupant  protection  when  the 
belt  system  is  installed  in  any  vehicle  at  any  seating 
position. 

However,  NHTSA  has  long  believed  it  more  appro- 
priate to  evaluate  the  occupant  protection  afforded 
by  vehicles  by  conducting  dynamic  testing,  which 
consists  of  a  crash  test  of  the  vehicle  using  test 


PART  571;  S208-PRE  505 


dummies  as  surrogates  for  human  occupants.  This 
belief  is  based  on  the  fact  that  the  protection  pro- 
vided by  safety  belts  depends  on  more  than  the 
performance  of  the  safety  belts  themselves  or  of  belt 
components  tested  individually.  Occupant  protection 
depends  on  the  performance  of  the  safety  belts 
themselves  and  the  structural  characteristics  and 
interior  design  of  the  vehicle.  A  dynamic  test  of  the 
vehicle  allows  NHTSA  to  evaluate  all  of  the  factors 
that  affect  occupant  crash  protection.  Further,  a 
dynamic  test  allows  the  agency  to  evaluate  the 
synergistic  effects  of  all  these  factors  working  to- 
gether, instead  of  evaluating  each  factor  individu- 
ally. Finally,  a  dynamic  test  assesses  the  vehicle's 
capabilities  for  minimizing  the  risk  of  injury  as 
measured  by  test  dummies  and  human-based  injury 
criteria,  as  opposed  to  individual  belt  component 
tests  that  are  only  indirectly  related  to  human 
injury  risk. 

For  dynamic  testing  under  Standard  No.  208, 
Occupant  Crash  Protection  (49  CFR  571.208),  test 
dummies  are  placed  in  the  vehicle  and  the  vehicle  is 
subjected  to  a  frontal  crash  into  a  concrete  barrier  at 
a  speed  of  30  miles  per  hour  (mph).  In  evaluating  the 
occupant  crash  protection  capabilities  of  a  vehicle, 
this  dynamic  test  assesses  safety  belt  performance. 
A  requirement  for  safety  belts  to  conform  to  both  the 
dynamic  testing  requirements  of  Standard  No.  206 
and  the  laboratory  testing  requirements  of  Standard 
No.  209  is  thus  unnecessary,  because  Standard  No. 
208  dynamic  testing  would  evaluate  the  critical 
aspects  of  belt  and  assembly  performance  that  would 
be  evaluated  under  Standard  No.  209.  To  avoid  such 
redundancies,  automatic  safety  belts  subject  to  the 
dynamic  testing  requirements  of  Standard  No.  208 
were  excluded  from  Standard  No.  209's  laboratory 
testing  requirements  for  webbing,  attachment  hard- 
ware, and  assembly  performance  shortly  after 
NHTSA  established  the  first  dynamic  testing  re- 
quirements in  Standard  No.  208.  See  36  FR  23725; 
December  14,  1971. 

More  recently,  NHTSA  has  extended  the  dynamic 
testing  requirements  of  Standard  No.  208  to  manual 
safety  belt  systems  installed  at  the  front  outboard 
seating  positions  in  passenger  cars  (51  FR  9800; 
March  21,  1986)  and  light  trucks  and  multipurpose 
passenger  vehicles  (52  FR  44898;  November  23, 
1987).  In  both  instances,  the  agency  stated  in  the 
preamble  to  the  rule  that  dynamically  tested  man- 
ual belts  should  be  excluded  from  the  same  require- 
ments of  Standard  No.  209  as  automatic  belts  are,  for 
the  same  reasons.  See  51  FR  9804;  52  FR  44906.  On 
the  other  hand,  both  automatic  and  dynamically 
tested  manual  belts  are  subject  to  other  require- 
ments in  Standard  No.  209;  for  example,  the  retrac- 
tor performance  requirements,  the  buckle  release 
mechanism  performance  requirements,  and  the  re- 


quirements for  corrosion  resistance  of  attachment 
hardware  apply  to  these  types  of  safety  belts. 
NHTSA  subsequently  denied  petitions  for  reconsid-  ( 
eration  and  a  petition  for  rulemaking  on  the  ques- 
tion of  excluding  dynamically  tested  safety  belts 
from  some  of  the  requirements  of  Standard  No.  209. 
See  53  FR  5579;  February  25,  1988.  In  the  denial 
notice,  NHTSA  reemphasized  its  conclusion  that 
there  was  no  safety  or  other  need  to  justify  applying 
some  of  the  static  tests  in  Standard  No.  209  to  belt 
systems  that  have  been  dynamically  tested  in  the 
vehicle  in  which  they  are  installed. 

In  addition,  the  preambles  to  the  rules  establish- 
ing dynamic  testing  of  some  manual  safety  belt 
systems  in  passenger  cars  and  light  trucks  and 
multipurpose  passenger  vehicles  stated  that  dynam- 
ically tested  manual  safety  belts  should  be  labeled 
indicating  the  seating  positions  and  particular  vehi- 
cles in  which  these  safety  belts  could  be  installed. 
See  51  FR  9804;  52  FR  44906-44907.  These  labels 
were  intended  to  minimize  the  likelihood  that  a 
dynamically  tested  safety  belt  would  be  installed  in 
a  vehicle  or  a  seating  position  for  which  it  was  not 
intended.  NHTSA  subsequently  denied  a  petition  for 
rulemaking,  asking  that  these  labeling  require- 
ments be  amended  to  apply  only  to  dynamically 
tested  manual  belt  systems  that  did  not  comply  with 
all  the  static  testing  requirements  of  Standard  No. 
209.  53  FR  50429;  December  15,  1988. 

However,  the  regulatory  language  in  Standards 
No.  208  and  209  did  not  fully  and  clearly  achieve  the 
agency's  expressed  intentions.  Therefore,  the  agency 
proposed  to  amend  the  provisions  of  those  standards 
in  four  areas  in  a  notice  of  proposed  rulemaking 
(NPRM)  published  on  January  18,  1990  (55  FR 
1681).  NHTSA  received  six  comments  on  this 
NPRM.  Commenters  included  motor  vehicle  manu- 
facturers, safety  belt  manufacturers,  and  motor  ve- 
hicle dealers.  All  of  these  comments  were  considered 
in  developing  this  final  rule,  and  the  most  signifi- 
cant comments  are  discussed  below.  For  the  conven- 
ience of  the  reader,  this  rule  uses  the  same  organi- 
zation as  the  NPRM. 

1.  Exclusion  for  Dynamically  Tested  Manual  Belt 
Systems  Installed  in  Passenger  Cars  From 
Certain  Requirements  of  Standard  No.  209 

Volkswagen  of  America  (Volkswagen)  submitted  a 
petition  asking  NHTSA  to  amend  the  language  in 
Standard  No.  208  so  as  to  achieve  the  agency's  stated 
intent  of  excluding  dynamically  tested  manual  belt 
assemblies  installed  at  front  outboard  seating  posi- 
tions of  passenger  cars  from  the  webbing  width, 
strength,  and  elongation  requirements  of  Standard 
No.  209.  Volkswagen  noted  that,  although  preambles 
to  rules  on  dynamic  testing  have  repeatedly  indi- 
cated   that    NHTSA    was    excluding    dynamically 


PART  571;  S208-PRE  506 


tested  manual  belts  in  passenger  cars  from  certain 
static  testing  requirements  of  Standard  No.  209,  the 
current  language  in  section  S4.6.1  of  Standard  No. 

208  excludes  dynamically  tested  manual  belts  in 
passenger  cars  from  some  requirements  in  Standard 
No.  209  only  if  the  requirement  for  automatic  re- 
straints in  passenger  cars  were  rescinded.  Since 
there  was  no  rescission,  there  is  currently  no  exclu- 
sion from  any  of  the  requirements  in  Standard  No. 

209  for  dynamically  tested  manual  belts  in  passen- 
ger cars. 

In  the  NPRM,  NHTSA  repeated  its  previous  state- 
ments that  it  is  appropriate  to  exclude  all  belt 
systems  subject  to  dynamic  testing  requirements, 
including  dynamically  tested  manual  belts  in  pas- 
senger cars,  from  some  of  the  static  testing  require- 
ments of  Standard  No.  209.  The  failure  to  provide 
such  an  exclusion  in  Standard  No.  208  was  simply  an 
oversight  on  NHTSA's  part.  The  agency  proposed  to 
correct  that  oversight  in  the  NPRM. 

Chrysler,  Ford,  and  BMW  commented  that  they 
supported  this  proposal.  The  Automotive  Occupant 
Restraints  Council  (AORC)  opposed  the  proposal. 
According  to  AORC,  excluding  dynamically  tested 
manual  belts  from  some  of  the  static  testing  require- 
ments in  Standard  No.  209  might  result  in  adverse 
safety  consequences.  For  example,  AORC  noted  that 
the  static  webbing  strength  test  exposes  the  webbing 
to  loading  that  is  approximately  twice  as  great  as 
the  most  heavily-loaded  webbing  would  be  exposed 
to  during  dynamic  testing.  This  commenter  asserted 
that  an  "unknowledgeable  or  reckless"  manufac- 
turer could  introduce  webbing  of  lesser  strength  in 
its  dynamically  tested  safety  belts  and  that  this 
webbing  of  lesser  strength  would  be  a  "degraded 
occupant  crash  protection  product."  Similarly,  AORC 
suggested  that  eliminating  the  assembly  performance 
requirements  for  dynamically  tested  safety  belts 
"could  result  in  a  degradation  of  performance  of  the 
seat  belt  assembly."  In  the  same  vein,  AORC  sug- 
gested that  elimination  of  the  webbing  width  require- 
ments for  dynamically  tested  safety  belts  "would  pro- 
vide the  possibility  for  ill-conceived,  unproven 
significant  deviations"  from  the  webbing  width  speci- 
fied in  Standard  No.  209. 

AORC  had  previously  raised  these  concerns  about 
excluding  dynamically  tested  manual  belts  from 
some  of  the  static  testing  requirements  of  Standard 
No.  209.  NHTSA  responded  in  detail  in  a  February 
25,  1988  notice  (53  FR  5579).  To  briefly  repeat  that 
response,  the  agency  agreed  with  AORC  that  the 
static  testing  provisions  of  Standard  No.  209  are 
well-conceived  provisions  that  have  assured  ade- 
quate levels  of  occupant  crash  protection.  The  agency 
also  agreed  that  the  static  testing  provisions  of 
Standard  No.  209  subject  the  safety  belt  to  higher 
force  levels  than  are  generally  encountered  in  dy- 


namic testing  under  Standard  No.  208.  Thus,  it  is 
possible  that  safety  belt  manufacturers  could  make 
design  changes  to  their  dynamically  tested  manual 
safety  belts  that  might  result  in  lesser  safety  protec- 
tion for  belt  users.  The  agency  stated  that  it  must 
determine  if  this  possible  action  by  safety  belt  man- 
ufacturers is  sufficiently  likely  so  as  to  justify  some 
preventive  regulatory  action. 

Automatic  belts  have  been  excluded  from  these 
static  testing  requirements  since  1971.  In  those  20 
years,  NHTSA  has  no  evidence  of  any  instances 
where  automatic  safety  belts  provided  any  lesser 
level  of  safety  protection  because  those  belts  are 
excluded  from  some  of  the  static  tests  in  Standard 
No.  209.  Judging  from  this  record,  it  seems  that  the 
possibility  that  safety  belt  manufacturers  would 
take  actions  that  would  result  in  lesser  safety  pro- 
tection has  not  become  a  reality,  in  the  case  of 
automatic  safety  belts.  There  is  no  apparent  reason 
to  believe  that  this  possibility  would  become  a  real- 
ity in  the  case  of  dynamically  tested  manual  belts, 
and  AORC  did  not  suggest  such  a  reason.  Hence, 
there  is  no  apparent  need  for  the  static  testing 
requirements  in  Standard  No.  209  to  apply  to  dy- 
namically tested  manual  safety  belts. 

In  addition  to  these  previously  expressed  reasons 
for  excluding  dynamically  tested  manual  safety 
belts  in  general  from  some  of  Standard  No.  209's 
static  tests,  NHTSA  believes  there  is  an  additional 
reason  to  adopt  the  proposal  to  exclude  dynamically 
tested  manual  safety  belts  in  passenger  cars  from 
those  static  tests.  Dynamically  tested  manual  safety 
belts  in  light  trucks  are  already  excluded  from  those 
static  tests.  There  is  no  reason  to  treat  dynamically 
tested  manual  safety  belts  differently,  depending  on 
the  type  of  vehicle  in  which  those  belts  are  installed. 
The  differing  treatment  arose  because  of  an  over- 
sight on  the  agency's  part.  The  adoption  of  the 
proposal  to  treat  all  dynamically  tested  manual 
safety  belts  in  the  same  way  for  the  purposes  of  some 
static  testing  requirements  in  Standard  No.  209 
corrects  that  oversight. 

NHTSA  would  also  like  to  respond  to  a  point 
raised  in  Ford's  comments.  Ford  suggested  that 
manual  safety  belts  installed  at  seating  positions 
equipped  with  an  air  bag  could  be  considered  dy- 
namically tested  manual  safety  belts,  or  a  "manual 
seat  belt  assembly  subject  to  the  requirements  of 
S5.1"  of  Standard  No.  208,  as  expressed  in  the 
proposed  regulatory  language.  Ford  correctly  noted 
that  S4. 1.2. 1(a)  requires  that  air  bags  provide  accept- 
able occupant  crash  protection  in  a  30  mph  barrier 
crash  test  by  automatic  means  alone.  S4.1.2.1(cX2), 
which  requires  that  manual  safety  belts  be  installed 
at  seating  positions  equipped  with  air  bags,  also 
requires  that  the  seating  position  provide  acceptable 
occupant  protection  in  another  30  mph  barrier  crash 


PART  571;  S208-PRE  507 


test  with  the  manual  safety  belts  fastened.  Accord- 
ing to  Ford,  this  testing  meant  that  the  manual 
safety  belts  at  seating  positions  equipped  with  air 
bags  are,  strictly  speaking,  "subject  to  the  require- 
ments of  S5.1"  and  that  those  belts  could  be  consid- 
ered dynamically  tested  manual  safety  belts. 

This  interpretation  is  contrary  to  NHTSA's  intent. 
The  safety  belts  that  NHTSA  meant  to  describe  as 
subject  to  the  crash  testing  requirements  of  S5.1 
included  all  automatic  belts  and  manual  safety  belts 
that  were  the  only  occupant  restraint  system  at  a 
seating  position.  Thus,  any  manual  belts  installed  at 
seating  positions  also  equipped  with  either  auto- 
matic safety  belts  or  air  bags  are  not  what  NHTSA  is 
referring  to  when  it  uses  the  term  "dynamically 
tested  manual  belts"  in  preambles  or  letters  of 
interpretation,  lb  make  this  clear,  the  regulatory 
language  adopted  in  this  final  rule  describes  the 
excluded  safety  belts  as  "any  manual  seat  belt 
assembly  subject  to  the  requirements  of  S5.1  of  this 
standard  by  virtue  of  any  provision  of  this  standard 
other  than  S4.1.2.1(cX2)." 

A  result  of  this  clarification  is  that  manual  safety 
belts  installed  at  seating  positions  also  equipped 
with  either  automatic  safety  belts  or  air  bags  will 
remain  subject  to  Standard  No.  209's  requirements 
for  webbing  width,  strength,  and  so  forth.  This  helps 
ensure  that  the  manual  safety  belts  will  provide  the 
intended  occupant  protection  in  situations  in  which 
the  automatic  crash  protection  is  not  intended  to 
deploy  (e.g.,  in  crashes  other  than  frontal  crashes 
and  rollovers). 

However,  the  agency  believes  it  is  appropriate  to 
exclude  manual  belts  installed  at  seating  positions 
also  equipped  with  either  automatic  belts  or  air  bags 
from  the  elongation  requirements  in  Standard  No. 
209.  NHTSA  concludes  that  allowing  an  exclusion 
from  the  elongation  requirements  for  these  safety 
belts  will  permit  safety  belt  designs  that  optimize 
the  belt  force  deflection  characteristics  of  the  man- 
ual belts  installed  in  conjunction  with  automatic 
crash  protection  systems.  Optimized  designs  could 
achieve  better  occupant  protection.  Appropriate 
amendments  have  been  made  to  Standards  No.  208 
and  209  to  reflect  this  exclusion. 

2.  Load  Limiters  on  Dynamically 
Tested  Manual  Belts 
Ford  filed  a  petition  for  rulemaking  asking  that 
"load  limiters"  be  permitted  on  dynamically  tested 
manual  safety  belts.  S4.5  of  Standard  No.  209  in- 
cludes specific  regulatory  provisions  regarding  "load 
limiters"  on  safety  belt  systems.  A  "load  limiter"  is 
defined  in  section  S3  of  Standard  No.  209  as  "a  seat 
belt  assembly  component  or  feature  that  controls 
tension  on  the  seat  belt  to  modulate  the  forces  that 
are  imparted  to  occupants  restrained  by  the  belt 


assembly  during  a  crash."  Before  this  rule  takes 
effect,  the  language  of  S4.5  of  Standard  No.  209 
allows  load  limiters  to  be  used  on  belt  assemblies 
only  if  that  belt  assembly  is  part  of  an  automatic 
restraint  system. 

However,  the  agency  explained  in  the  NPRM  that 
it  agreed  with  Ford's  suggestion  that  the  agency 
intended  to  permit  the  use  of  load  limiters  on  dy- 
namically tested  manual  belt  systems.  As  long  as  a 
belt  system  is  installed  at  a  seating  position  that  is 
subject  to  dynamic  testing  requirements,  the  occu- 
pant protection  capabilities  of  the  belt  system  can  be 
evaluated  in  the  dynamic  testing.  There  is  no  reason 
to  permit  the  use  of  load  limiters  on  dynamically 
tested  automatic  belt  systems,  but  prohibit  their  use 
on  dynamically  tested  manual  belt  systems.  Accord- 
ingly, the  NPRM  proposed  to  amend  S4.5  of  Stand- 
ard No.  209  to  allow  load  limiters  to  be  used  on  belt 
systems  installed  in  conjunction  with  an  automatic 
restraint  system  or  on  belt  systems  installed  at  a 
seating  position  subject  to  the  dynamic  testing 
requirements. 

Chrysler  and  Ford  supported  this  proposal,  and  no 
commenters  objected  to  the  proposal.  The  proposed 
change  is  made  in  this  final  rule,  for  the  reasons  set 
forth  in  the  proposal. 

As  an  adjunct  to  the  proposal  to  allow  load  limit- 
ers on  belt  systems  installed  at  a  seating  position 
equipped  with  automatic  crash  protection,  the 
agency  proposed  to  require  those  belt  systems  to  be 
labeled  in  the  same  way  as  automatic  belts  equipped 
with  load  limiters.  Ford  commented  that  it  did  not 
believe  that  labeling  of  dynamically  tested  safety 
belts  is  necessary,  irrespective  of  whether  the  dy- 
namically tested  safety  belt  is  manual  or  automatic. 
Thus,  Ford  asked  that  the  proposed  labeling  require- 
ment for  dynamically  tested  safety  belts  with  load 
limiters  not  be  adopted  in  this  final  rule. 

NHTSA  proposed  to  require  dynamically  tested 
manual  safety  belts  equipped  with  load  limiters  to 
be  labeled  in  the  same  way  that  dynamically  tested 
automatic  belts  with  load  limiters  have  been  re- 
quired to  be  labeled  since  1981.  Prior  to  Ford's 
comment,  NHTSA  had  not  heard  of  any  suggestion 
that  the  labeling  requirements  for  automatic  belts 
with  load  limiters  were  unduly  burdensome,  oner- 
ous, confusing,  or  the  like.  During  this  rulemaking, 
no  commenter  other  than  Ford  made  such  a  sugges- 
tion. Thus,  absent  some  further  explanation  of  the 
difficulties  Ford  has  experienced,  NHTSA  does  not 
believe  that  extending  the  existing  labeling  require- 
ments for  automatic  belts  with  load  limiters  to 
dynamically  tested  manual  belts  with  load  limiters 
will  result  in  any  undue  burdens  for  manufacturers 
or  consumers. 

Ford  also  stated  its  understanding  that  the  label- 
ing requirements  in  the  proposal  would  apply  to 


PART  571;  S208-PRE  508 


automatic  and  dynamically  tested  manual  belts  only 
if  those  belt  assemblies: 

1.  Incorporated  a  load  limiter,  and 

2.  Did  not  comply  with  the  elongation  require- 
ments in  Standard  No.  209. 

Based  on  this  understanding,  Ford  asked  the 
agency  to  confirm  that  NHTSA  had  not  proposed  to 
require  labeling  of  dynamically  tested  safety  belts 
that  include  load  limiters,  but  still  comply  with  the 
elongation  requirements  in  Standard  No.  209.  Ford's 
understanding  is  correct.  There  is  no  need  to  specif- 
ically label  safety  belts  that  use  load  limiters,  but 
nevertheless  comply  with  the  elongation  require- 
ments of  Standard  No.  209. 

After  considering  the  comments,  the  agency  is 
adopting  the  proposed  labeling  requirement  for 
safety  belts  that  incorporate  load  limiters,  with  two 
minor  modifications.  First,  the  agency  proposed  to 
require  that  safety  belts  with  load  limiters  be  la- 
beled with  information  describing  the  belt  system  as 
"dynamically  tested."  That  phrase  has  been  deleted 
from  the  required  label  information  in  this  final 
rule,  to  reflect  the  facts  that  load  limiters  may  be 
used  on  manual  belt  systems  installed  at  seating 
positions  also  equipped  with  air  bags  and  that  those 
belt  systems  are  not  what  NHTSA  means  by  "dy- 
namically tested  manual  belts,"  as  explained  in  the 
preceding  section  of  this  preamble. 

Second,  the  agency  proposed  to  permit  load  limit- 
ers to  be  installed  on  "Type  1  or  Type  2  seat  belt 
assemblies,"  if  the  safety  belt  were  installed  at  a 
seating  position  subject  to  dynamic  testing.  Strictly 
speaking,  an  automatic  safety  belt  is  not  a  Type  1  or 
Type  2  seat  belt  assembly.  Thus,  notwithstanding 
NHTSA's  express  intention  to  permit  load  limiters 
on  automatic  belts,  the  proposed  regulatory  lan- 
guage would  not  clearly  have  done  so.  This  final  rule 
deletes  the  references  to  Type  1  or  Type  2  seat  belt 
assemblies  from  the  regulatory  language. 

3.  Scope  of  Exclusion  From  Standard  Na  209 
for  Dynamically  Tested  Manual  Belt  Systems 
Before  the  effective  date  of  this  rule,  both  Stand- 
ards No.  208  and  209  exclude  dynamically  tested 
manual  belt  systems  from  "the  requirements  of 
S4.2(a)-(c)  and  S4.4"  of  Standard  No.  209.  However, 
while  this  exclusion  appears  to  be  a  comprehensive 
listing  of  the  provisions  of  Standard  No.  209  from 
which  dynamically  tested  safety  belts  are  excluded, 
it  is  in  fact  incomplete.  Several  previous  interpreta- 
tions and  preambles  to  rulemaking  actions  have 
expressed  NHTSA's  position  that  dynamically  tested 
manual  belt  systems  are  excluded  from  the  require- 
ments of  S4.2(d)-(f),  as  well  as  the  listed  sections  of 
Standard  No.  209.  The  NPRM  proposed  to  amend 
Standard  No.  209  so  that  it  would  correctly  show  all  of 
the  provisions  of  Standard  No.  209  from  which  dynam- 


ically tested  manual  belt  systems  were  excluded. 

The  commenters  supported  this  proposal.  It  is 
adopted  for  the  reasons  set  forth  in  the  NPRM. 

4.  Labeling  Requirements  for  Dynamically  Tested 
Manual  Safety  Belts  Installed  in  Passenger  Cars 
At  this  time,  Standard  No.  209  requires  information 
about  the  vehicles  and  seating  positions  in  which 
dynamically  tested  belt  systems  can  be  installed  to  be 
labeled  on  dynamically  tested  manual  belt  systems  for 
use  in  light  trucks  and  multipurpose  passenger  vehi- 
cles. However,  Standard  No.  209  currently  does  not 
require  any  installation  information  to  be  labeled  on 
dynamically  tested  manual  belt  systems  for  use  in 
passenger  cars.  The  agency  proposed  in  the  NPRM  to 
remedy  this  inconsistency  by  revising  Standard  No. 
209  so  that  it  would  require  installation  information  to 
be  labeled  on  all  dynamically  tested  manual  belt 
systems,  regardless  of  the  vehicle  type  in  which  the 
belt  system  will  be  installed. 

This  proposal  drew  the  most  attention  from  the 
commenters.  The  National  Automobile  Dealers  As- 
sociation (NADA)  supported  this  proposal,  stating 
that  a  consistent  labeling  requirement  for  safety 
belts  would  "certainly  benefit"  aftermarket  instal- 
lations of  those  safety  belts.  On  the  other  side  of  this 
issue,  Chrysler  opposed  the  proposal,  asserting  that 
the  proposed  requirement  would  be  cumbersome, 
and  not  necessary  to  ensure  proper  safety  belt  re- 
placement and  performance.  Chrysler  asserted  that 
it  currently  has  over  300  replacement  safety  belt 
part  numbers  for  its  1990  vehicles  alone.  Because  of 
this  complexity  and  proliferation  of  parts,  Chrysler 
asserted  that  dealers  and  garages  do  not  usually 
stock  replacement  safety  belts,  but  order  the  belts 
and  parts  from  Chrysler  when  needed.  Accordingly, 
Chrysler  believed  that  the  proposed  labeling  require- 
ment would  not  serve  any  purpose. 

Ford  also  opposed  the  proposal.  According  to  Ford, 
dynamically  tested  safety  belts  are  so  complex  that 
it  would  be  extremely  difficult  to  mistakenly  install 
a  dynamically  tested  safety  belt  in  a  vehicle  or  at  a 
seating  position  other  than  that  for  which  it  is 
designed.  Given  this  difficulty.  Ford  argued  that  it 
was  very  unlikely  that  such  an  installation  could  be 
done  inadvertently.  Ford  suggested  that  the  informa- 
tion proposed  to  be  required  to  appear  on  a  label  on 
the  belt  instead  be  required  to  appear  in  the  instal- 
lation instructions  required  to  be  provided  with 
safety  belt  assemblies.  BMW  and  the  Automobile 
Importers  Association  submitted  comments  that 
were  substantially  similar  to  the  Chrysler  and  Ford 
comments. 

NHTSA  has  reconsidered  the  proposed  labeling 
requirements  in  response  to  these  comments.  On  the 
one  hand,  the  agency  does  not  believe  there  is  any 
reason  to  have  different  labeling  requirements  for 


PART  571;  S208-PRE  509 


dynamically  tested  manual  belt  assemblies  to  be 
used  in  passenger  cars  than  for  dynamically  tested 
manual  belt  assemblies  to  be  used  in  light  trucks. 
The  likelihood  that  dynamically  tested  manual 
safety  belts  will  be  inadvertently  installed  in  vehi- 
cles or  seating  positions  other  than  those  for  which 
the  belts  were  designed  would  not  differ,  depending 
upon  the  type  of  vehicle  in  which  the  dynamically 
tested  belt  is  to  be  used.  The  proposal  to  extend  the 
same  labeling  requirements  that  currently  apply  to 
dynamically  tested  manual  belts  for  use  in  light 
trucks  to  dynamically  tested  manual  belts  for  use  in 
passenger  cars  was  an  effort  by  the  agency  to  ensure 
that  the  labeling  requirements  were  consistent. 

On  the  other  hand,  NHTSA  does  not  want  to  impose 
an  unnecessary  or  burdensome  labeling  requirement. 
The  agency  would  like  to  further  explore  the  idea  of 
addressing  the  inappropriate  installation  of  dynami- 
cally tested  manual  safety  belts  by  means  of  the 
installation  instructions  already  required  to  be  fur- 
nished with  safety  belts  by  S4.1(k)  of  Standard  No.  209. 
If  the  installation  instructions  were  required  to  set 
forth  the  information  currently  required  to  be  labeled 
on  dynamically  tested  manual  safety  belts,  it  would 
seem  that  persons  installing  replacement  safety  belts 
would  always  have  access  to  the  information,  just  as 
they  would  if  the  information  were  labeled  on  the 
safety  belt.  The  only  instances  in  which  information 
might  not  be  available  to  the  installer  would  be  if  the 
installation  instructions  were  lost  or  if  the  installer 
was  removing  a  safety  belt  from  one  vehicle  and 
transferring  the  belt  to  another  vehicle.  NHTSA  has 
no  indications  that  either  of  these  events  are  common 
occurrences. 

To  allow  for  further  exploration  of  this  subject, 
NHTSA  plans  to  initiate  a  rulemaking  action  pro- 
posing to  require  that  the  information  currently 
required  to  be  labeled  on  dynamically  tested  manual 
belts  for  use  in  light  trucks  instead  be  required  to  be 
provided  in  the  installation  instructions  for  all  dy- 
namically tested  safety  belts,  both  automatic  and 
manual.  This  proposed  requirement  would  apply  to 
dynamically  tested  safety  belts  for  use  in  both  pas- 
senger cars  and  light  trucks. 

Until  the  agency  has  completed  this  planned  rule- 
making, it  would  be  premature  to  make  any  change 
to  the  existing  requirements  for  labeling  dynami- 
cally tested  safety  belts.  Hence,  the  labeling  require- 
ments for  dynamically  tested  manual  belts  for  use  in 
light  trucks  that  are  now  in  place  will  remain  in 
effect.  However,  this  final  rule  does  not  adopt  the 
proposed  extension  of  the  labeling  requirements  for 
dynamically  tested  light  truck  manual  safety  belts 
to  also  cover  dynamically  tested  manual  safety  belts 
for  use  in  passenger  cars. 

This  final  rule  operates  to  relieve  some  unin- 
tended restrictions  on  the  use  of  dynamically  tested 


safety  belts  by  adopting  regulatory  language  that 
reflects  the  agency's  intention,  as  expressed  in  pre- 
ambles of  various  rules.  No  additional  duties  or 
responsibilities  are  imposed  on  any  party  as  a  result 
of  these  modifications  to  the  regulatory  language. 
Accordingly,  NHTSA  finds  for  good  cause  that  these 
modifications  should  become  effective  upon  publica- 
tion in  the  Federal  Register. 

In  consideration  of  the  foregoing,  49  CFR  part  571 
is  amended  as  follows: 

§  571.208  [Amended] 

2.  In  §571.208,  S4.6  of  Standard  No.  208  is 
amended  by  removing  existing  sections  S4.6.1  and 
S4.6.3,  redesignating  existing  S4.6.2  as  S4.6.1,  and 
adding  new  sections  S4.6.2  and  S4.6.3  to  read  as 
follows: 

S4.6  Dynamic  testing  of  manual  belt  systems. 
***** 

54.6.2  Any  manual  seat  belt  assembly  subject  to 
the  requirements  of  S5.1  of  this  standard  by  virtue  of 
any  provision  of  this  standard  other  than  S4.1.2.1(cX2) 
does  not  have  to  meet  the  requirements  of  S4.2(a)-{f) 
and  S4.4  of  Standard  No.  209  {§  571.209). 

54.6.3  Any  manual  seat  belt  assembly  subject  to 
the  requirements  of  S5.1  of  this  standard  by  virtue  of 
S4.1.2.1(cX2)  does  not  have  to  meet  the  elongation 
requirements  of  S4.2(c),  S4.4(aX2),  S4.4(bX4),  and 
S4.4(bX5)  of  Standard  No.  209  (§  571.209). 


§  571.209  [Amended] 

3.  In  §571.209,  S4.5  of  Standard  No.  209  is 
amended  by  revising  S4.5(b)  and  (c)  to  read  as 
follows: 

54.5  Load  limiter 

***** 

(b)  A  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elongation 
requirements  of  this  standard  may  be  installed  in 
motor  vehicles  at  any  designated  seating  position 
that  is  subject  to  the  requirements  of  S5.1  of  Stand- 
ard No.  208  (§  571.208). 

(c)  A  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elongation 
requirements  of  this  standard  shall  be  permanently 
and  legibly  marked  or  labeled  with  the  following 
statement: 

This  seat  belt  assembly  is  for  use  only  in  [insert 
specific  seating  position(s),  e.g.,  "front  right"]  in 
[insert  specific  vehicles  make(s)  and  model(s)]. 

4.  In  §  571.209,  S4.6(a)  of  Standard  No.  209  is 
revised  to  read  as  follows:  ^ 

54.6  Manual  belts  subject  to  crash  protection  require- 
ments of  Standard  Na  208. 


PART  571;  S208-PRE  510 


(aKl)  A  manual  seat  belt  assembly,  which  is  sub-  of  this  standard, 

ject  to  the  requirements  of  S5.1  of  Standard  No.  208  ***** 

(49   CFR  571.208)  by   virtue   of  any   provision   of 

Standard  No.  208  other  than  S4.1.2.1(cX2)  of  that  Issued  on  April  10,  1991. 

standard,  does  not  have  to  meet  the  requirements  of 
S4.2(a)-(f)  and  S4.4  of  this  standard. 

(2)  A  manual  seat  belt  assembly  subject  to  the 
requirements  of  S5.1  of  Standard  No.  208  (49  CFR  •J®'"^  '?^'P')  ^"'"'^ 

571.208)  by  virtue  of  S4.1.2.1(cX2)  of  Standard  No.  Administrator 

208  does  not  have  to  meet  the  elongation  require-  56  F.R.  15295 

ments  of  S4.2(c),  S4.4(aX2),  S4.4(bX4),  and  S4.4(bX5)  April  16,  1991 


PART  571;  S208-PRE  511-512 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 

SAFETY  STANDARD  NO.  208 

Crash  Tests  With  Unrestrained  Test  Dummies 


(Docket  No.  74-14;  Notice  72) 
RIN  2127-AC13 


ACTION:  Final  rule. 


SUMMARY:  This  rule  adopts  as  a  permanent  rule 
the  interim  final  rule  that  extended  the  period 
during  which  a  Hybrid  II  test  dummy  will  be  the 
only  dummy  used  in  compliance  tests  of  vehicles 
with  "passive  interiors,"  i.e.,  vehicles  that  provide 
occupant  protection  without  using  any  safety  belts 
or  air  bags.  No  commenter  objected  to  the  interim 
final  rule.  This  rule  delays  the  use  of  the  Hybrid  III 
test  dummy  for  compliance  testing  of  such  vehicles 
until  September  1, 1993.  The  agency  has  determined 
that  this  additional  time  is  needed  to  allow  the 
agency  to  complete  and  evaluate  the  many  research 
projects  that  are  now  underway  examining  the  Hy- 
brid III  test  dummy.  This  rule  does  not  affect  the 
requirement  that  vehicle  manufacturers  have  the 
option  of  specifying  the  use  of  either  the  Hybrid  II  or 
the  Hybrid  III  test  dummy  in  compliance  testing  of 
vehicles  that  use  either  air  bags  or  safety  belts  to 
meet  the  standard. 


EFFECTIVE  DATE:  Thi 

1991. 


i  rule  takes  effect  on  April  26, 


SUPPLEMENTARY  INFORMATION:  The  Hybrid  II 
test  dummy  has  been  used  to  assess  the  occupant 
protection  afforded  vehicle  occupants  in  frontal 
crashes  since  August  1,  1973.  The  specifications  for 
the  Hybrid  II  test  dummy  appear  at  Subpart  B  of  49 
CFR  Part  572.  The  agency  has  determined  that  the 
Hybrid  II  test  dummy  provides  a  reasonable  simula- 
tion of  a  human.  While  the  Hybrid  II  test  dummy 
had  been  the  only  test  dummy  specified  in  NHTSA's 
regulations  for  use  in  Standard  No.  208  compliance 
testing,  the  agency  published  a  rule  establishing  a 
second  test  dummy,  the  Hybrid  III,  for  use  in  Stand- 
ard No.  208  compliance  testing  on  July  25,  1986  (51 
FR  26688).  The  specifications  for  the  Hybrid  III  test 
dummy  appear  at  Subpart  E  of  49  CFR  Part  572.  The 
agency  concluded  that  this  test  dummy  would  allow 
the  assessment  of  more  types  of  potential  injuries  to 
vehicle  occupants  and  that  this  test  dummy  ap- 
peared to  be  an  even  more  accurate  simulation  of  a 
human  than  the  older  Hybrid  II  test  dummy.  The 


rule  establishing  the  Hybrid  III  test  dummy  for  use 
in  compliance  testing  required  that  the  same  force 
levels  that  are  measured  and  recorded  for  the  Hybrid 
II  test  dummy  would  be  measured  and  recorded  for 
the  Hybrid  III  test  dummy,  and  that  the  same 
maximum  injury  criteria  levels  would  apply  to  both 
types  of  test  dummies. 

The  agency  determined  that  the  two  types  of  test 
dummies  were  "equivalent,"  when  the  dummies 
were  restrained  by  safety  belts  or  air  bags  but  were 
not  equivalent  when  they  were  unrestrained.  By 
"equivalent,"  the  agency  means  that  they  displayed 
only  minimal  differences  in  test  results  when  they 
are  exposed  to  equivalent  crash  environments.  This 
is  critical  in  compliance  testing  to  ensure  that  com- 
pliance or  noncompliance  with  a  safety  standard  is 
entirely  dependent  upon  vehicle  attributes  instead 
of  differing  attributes  of  the  types  of  test  dummies. 
The  final  rule  explained  that  the  chest  acceleration 
measurements  for  unrestrained  Hybrid  III  dummies 
were  consistently  lower  than  the  chest  acceleration 
measurements  for  unrestrained  Hybrid  II  dummies, 
lb  make  the  two  unrestrained  test  dummies  equiv- 
alent, some  measurement  of  injury  producing  forces 
to  the  chest  of  the  Hybrid  III  test  dummy,  in  addition 
to  the  existing  measurement  of  chest  acceleration, 
would  have  to  be  made  to  compensate  for  the  lower 
chest  acceleration  measurements  for  unrestrained 
Hybrid  III  test  dummies.  The  agency  concluded  that 
a  measurement  of  the  amount  the  chest  was  de- 
flected, or  compressed,  as  measured  approximately 
at  the  sternum  for  the  Hybrid  III  test  dummy  would 
appropriately  compensate  for  that  dummy's  lower 
chest  acceleration  measurements  when  it  was  unre- 
strained. Hence,  a  limit  was  established  on  the 
amount  of  chest  deflection  permitted  when  the  Hy- 
brid III  test  dummy  was  used  in  compliance  testing. 

Given  the  differences  in  chest  acceleration  with 
the  two  types  of  unrestrained  dummies,  the  agency 
concluded  in  a  March  17, 1988  rule  (53  FR  8755)  that 
it  should  not  permit  the  Hybrid  III  test  dummy  to  be 
used  for  compliance  testing  with  the  automatic 
crash  protection  requirements  of  vehicles  manufac- 


PART  571;  S208-PRE  513 


tured  before  September  1,  1990,  which  used  means 
other  than  air  bags  or  automatic  safety  belts  to 
provide  the  automatic  protection.  NHTSA  antici- 
pated that  this  delay  would  be  sufficient  to  allow  the 
agency  to  investigate  this  subject  further,  to  ensure 
that  the  chest  deflection  limits  for  unrestrained 
Hybrid  III  test  dummies  would  both  meet  the  need 
for  safety  and  ensure  equivalence  of  the  Hybrid  II 
and  Hybrid  III  test  dummies  in  unrestrained  condi- 
tions. However,  as  NHTSA  and  others  conducted 
research,  it  became  evident  that  chest  deflection 
dynamics  in  the  Hybrid  III  test  dummy  were  far 
more  complex  than  the  agency  originally  believed 
and  that  more  sophisticated  and  suitable  instrumen- 
tation systems  would  need  to  be  developed  to  provide 
measurements  of  kinematic  distortions  of  the  dum- 
my's ribcage. 

Interim  Final  Rule 

Based  on  the  above,  NHTSA  issued  an  interim 
final  rule  prohibiting  the  use  of  the  Hybrid  III  test 
dummy  in  crash  situations  where  it  would  be  unre- 
strained, until  a  determination  could  be  made  about 
the  appropriate  chest  deflection  limits  and  measure- 
ment techniques  for  the  Hybrid  III  test  dummy  in 
those  crash  situations  (55  FR  39283,  September  26, 
1990).  The  interim  final  rule  specified  that  any 
vehicles  manufactured  before  September  1,  1993 
that  comply  with  the  automatic  restraint  require- 
ment without  using  any  type  of  safety  belt  or  inflat- 
able restraint  must  use  only  the  Hybrid  II  test 
dummy  in  testing  for  compliance  with  the  automatic 
restraint  requirement.  The  rule  explained  that  the 
results  of  the  agency's  ongoing  research  program 
will  be  completed  by  December  1992.  At  that  time, 
the  agency  will  be  able  to  determine  the  most 
appropriate  course  of  action  and  complete  the  neces- 
sary rulemaking  actions  by  September  1,  1993. 

In  issuing  the  interim  final  rule,  the  agency  found 
for  good  cause  that  notice  and  opportunity  for  com- 
ment on  that  rule  before  it  became  effective  would 
have  been  impracticable  and  contrary  to  the  public 
interest.  For  a  detailed  discussion  explaining  the 
agency's  determination  that  there  was  good  cause 
not  to  provide  notice  and  comment,  the  reader 
should  refer  to  the  interim  final  rule.  Among  the 
reasons  set  forth  were  that  the  circumstances  that 
forced  this  postponement  were  beyond  the  agency's 
control,  that  the  agency  had  acted  diligently  to 
initiate  the  supplemental  testing  and  other  poten- 
tial modifications  to  the  Hybrid  III  test  dummy,  that 
the  agency  had  fully  intended  to  permit  the  Hybrid 
III  to  be  used  for  unrestrained  testing  on  schedule, 
and  that  the  postponement  of  the  use  of  the  Hybrid 
III  test  dummy  in  unrestrained  situations  would  be 
for  a  relatively  short  time. 

In  the  interim  final  rule,  NHTSA  requested  com- 


ments on  its  decision  to  postpone  the  use  of  the 
Hybrid  III  test  dummy  in  unrestrained  situations 
and  explained  that  it  would  consider  all  comments 
received  on  this  subject  and  publish  a  permanent 
final  rule  reflecting  NHTSA's  evaluation  of  those 
comments.  That  notice  also  explained  that  the  per- 
manent final  rule  would  resolve  any  unforeseen 
burdens  resulting  from  the  interim  final  rule. 

Comments  to  Interim  Final  Rule  and  the 
Agency's  Response 

In  response  to  the  interim  final  rule  the  agency 
received  two  comments.  Chrysler  supported  the 
amendment  to  delay  the  use  of  the  Hybrid  III  test 
dummy  in  compliance  testing  of  non-air  bag,  non- 
seat  belt  restraint  systems  and  to  extend  the  use  of 
the  Hybrid  II  dummy  in  such  testing.  In  more 
extensive  comments.  General  Motors  (GM)  stated  its 
decision  not  to  oppose  the  delay  of  the  Hybrid  III  test 
dummy  for  use  in  "unrestrained"  compliance  testing 
of  a  vehicle  that  employed  a  means  other  than  safety 
belts  or  air  bags  to  comply  with  Standard  No.  208. 

After  reviewing  these  comments  received  on  that 
notice,  NHTSA  has  decided  to  issue  the  interim  final 
rule  as  a  final  rule,  without  any  modifications.  No 
commenter  suggested  that  the  delay  adopted  in  the 
interim  final  rule  was  inappropriate,  burdensome, 
or  otherwise  improper.  The  amendments  adopted  in 
the  interim  final  rule  are  therefore  made  final  by 
this  notice. 

In  its  comments  to  the  interim  final  rule,  GM  also 
petitioned  the  agency  to  amend  Standard  No.  208  to 
allow  only  the  Hybrid  III  test  dummy  to  be  used 
during  "restrained"  compliance  testing.  Because 
this  petition  is  outside  the  scope  of  this  rule,  the 
agency  will  address  it  separately  instead  of  in  this 
rule. 

NHTSA  notes  that  section  103(c)  of  the  Vehicle 
Safety  Act  requires  that  each  order  shall  take  effect 
no  sooner  than  180  days  from  the  date  the  order  is 
issued  unless  "good  cause"  is  shown  that  an  earlier 
effective  date  is  in  the  public  interest.  As  explained 
at  length  in  the  interim  final  rule,  the  agency 
concluded  it  was  in  the  public  interest  to  issue  the 
interim  final  rule.  Since  the  requirements  adopted 
in  the  interim  final  rule  are  adopted  verbatim  in  this 
final  rule,  the  agency  believes  that  good  cause  exists 
to  make  this  final  rule  effective  upon  its  publication 
in  the  Federal  Register 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

S5  of  Standard  No.  208  is  amended  by  revising  the 
introductory  text  of  S5.1  and  the  introductory  text  of 
S5.2.1,  to  read  as  follows: 

S5.  Occupant  crash  protection  requirements. 

S5.1  Vehicles  subject  to  S5.1  shall  comply  with 
either  S5.1(a)  or  S5.1(b),  or  any  combination  thereof, 


PART  571;  S208-PRE  514 


at  the  manufacturer's  option;  except  that  vehicles         able  restraint  shall  comply  with  S5.2.1(a). 
manufactured  before  September  1, 1993  that  comply  ***** 

with  the  requirements  of  S4. 1.2. 1(a)  by  means  not 

including  any  type  of  seat  belt  or  inflatable  restraint         issued  on  April  22   1991 
shall  comply  with  S5.1(a). 
***** 

S5.2  Lateral  moving  barrier  crash  test. 

S5.2.1  Vehicles  subject  to  S5.2  shall  comply  with 
either  S5.2.1(a)  or  S5.2.1(b),  or  any  combination 

thereof,  at  the  manufacturer's  option;  except  that  '[^''^  '?^'P^  ^"'''^ 

vehicles  manufactured  before  September  1,   1993  Administrator 

that  comply  with  the  requirements  of  S4. 1.2. 1(c)  by  56  F.R.  19306 

means  not  including  any  type  of  seat  belt  or  inflat-  April  26,  1991 


PART  571;  S208-PRE  515-516 


PREAMBLE  TO  AN  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  208 

Occupant  Crash  Protection 

(Docket  No.  87-08;  Notice  7) 

RIN:  2127-AD92 


ACTION:  Final  rule,  response  to  petitions  for 
reconsideration. 

SUMMARY:  In  response  to  two  petitions  for  recon- 
sideration, this  notice  amends  Standard  No.  208, 
Occupant  Crash  Protection,  to  remove  the  prohibition 
against  pushbutton  mechanisms  as  the  means  of 
detaching  belts  for  readily  removable  seats.  The  agency 
has  concluded  that  there  is  no  evidence  to  support  its 
concerns  regarding  possible  misuse  of  pushbutton 
releases  in  this  application.  Vehicle  manufacturers  will 
benefit  from  the  additional  design  flexibility  allowed 
by  this  rule. 

EFFECTIVE  DATE:  The  amendments  made  by  this  rule 
are  effective  on  July  8,  1991. 

SUPPLEMENTARY  INFORMATION: 

On  November  29,  1988  (53  FR  47982),  NHTSA  pub- 
lished a  notice  of  proposed  rulemaking  (NPRM)  propos- 
ing to  require  that  rear  seat  lap/shoulder  belts  be 
installed  in  certain  new  vehicles.  Specifically,  this 
NPRM  proposed  to  require  passenger  cars  (including 
convertibles),  light  trucks,  light  multipurpose  pas- 
senger vehicles  (MPVs),  and  small  buses  to  be  equipped 
with  lap/shoulder  safety  belts  at  all  forward-facing  rear 
outboard  seating  positions.  Additionally,  the  NPRM 
proposed  that  these  rear  seat  lap/shoulder  belts  be 
equipped  with  a  particular  type  of  retractor,  that  such 
belts  be  integral  (i.e.,  the  shoulder  belt  could  not  be 
detachable  from  the  lap  belt),  and  that  such  belts 
comply  with  some  of  the  comfort  and  convenience 
requirements  in  Standard  No.  208,  Occupant  Crash 
Protection. 

The  agency  received  more  than  70  comments  on  this 
NPRM.  The  consensus  of  commenters  was  that 
passenger  cars  other  than  convertibles  should  be 
equipped  with  rear  seat  lap/shoulder  belts.  Hence,  to 
ensure  the  earliest  possible  implementation  of  such  a 
requirement,  NHTSA  published  a  final  rule  on  June  14, 
1989  (54  FR  25275).  That  rule  addressed  only  pas- 
senger cars  other  than  convertibles,  and  required  that 


all  such  vehicles  manufactured  on  or  after  December 
11,  1989,  be  equipped  with  rear  seat  lap/shoulder  belts. 
That  rule  also  expressly  deferred  resolution  of  all  of 
the  other  issues  proposed  in  the  NPRM  until  a  later 
date. 

NHTSA  published  a  final  rule  addressing  the  other 
issues  raised  in  the  NPRM,  including  the  other  vehicle 
types  required  to  have  rear  seat  lap/shoulder  belts,  the 
types  of  retractors  with  which  those  safety  belts  should 
be  equipped,  and  the  other  performance  attributes 
those  safety  belts  should  have,  on  November  2,  1989 
(54  FR  46257).  This  rule  included  special  provisions  for 
lap/shoulder  belts  installed  at  rear  outboard  seating 
positions  on  readily  removable  seats,  by  expressly 
providing  that  shoulder  belts  for  readily  removable 
seats  could  be  detachable  at  the  upper  anchorage.  The 
agency  also  responded  to  comments  by  Ford  Motor 
Company  (Ford)  and  General  Motors  (CM)  concerning 
a  March  1,  1985  interpretation  letter  from  NHTSA's 
Chief  Counsel  to  Mr.  Hiroshi  Shimizu  of  Tokai  Rika  Co. 
by  stating  in  the  preamble  to  this  rule  that  the  Shimizu 
interpretation  did  not  preclude  the  use  of  all  designs 
of  detachable  safety  belt  systems.  More  specifically,  the 
agency  explained  that  the  Shimizu  interpretation  would 
preclude  the  use  of  pushbutton  mechanisms  to  release 
shoulder  belt  anchorages.  However,  the  agency  ex- 
pressly stated  that  the  Shimizu  interpretation  did  not 
preclude  the  use  of  other  release  mechanisms,  such  as 
sHde  buttons  or  slide  collars,  for  shoulder  belt 
anchorages. 

The  agency  received  14  petitions  for  reconsideration 
of  this  rule.  In  a  final  rule  responding  to  those  petitions 
for  reconsideration,  published  on  July  30,  1990  (55  FR 
30914),  the  agency  made  several  changes  to  the 
November  1989  final  rule.  Ford's  petition  for  recon- 
sideration raised  two  issues  regarding  lap/shoulder 
belts  at  readily  removable  seats.  Ford  asked  the  agency 
to  amend  the  1989  rule  to  permit  lap/shoulder  belts  on 
readily  removable  seats  to  be  detached  at  either  the 
upper  or  lower  anchorage  and  to  permit  the  means  of 
detachment  to  consist  of  a  pushbutton  release. 


PART  571;  S208-PRE  517 


With  respect  to  the  first  issue,  Ford  asserted  that 
Hmiting  the  detachment  point  to  the  upper  anchorage 
point  was  "overly  design  restrictive."  According  to 
Ford,  there  was  no  safety  reason  for  permitting  the 
belt  system  to  detach  at  the  upper,  but  not  the  lower, 
shoulder  belt  anchorage  point.  The  agency  was  per- 
suaded by  Ford's  argument.  While  there  were  legiti- 
mate safety  reasons  for  permitting  the  belts  to  be 
detachable  at  only  one  point,  there  was  no  apparent 
safety  purpose  served  by  specifying  that  the  single 
point  must  be  the  upper,  and  not  the  lower,  shoulder 
belt  anchorage  point.  Accordingly,  the  notice  amended 
Standard  No.  208  to  permit  lap/shouJder  safety  belt  sys- 
tems installed  at  outboard  seating  positions  on  readily 
removable  seats  to  detach  at  either  the  upper  or  lower 
shoulder  belt  anchorage,  but  not  both. 

With  respect  to  the  second  issue.  Ford  asked  in  its 
petition  that  Standard  No.  208  be  amended  to  permit 
the  means  of  detachment  to  be  a  pushbutton  release, 
asserting  that  a  slide  button  or  slide  collar  release 
"tends  to  rattle  and  provides  less  control  over... the  fit 
of  the  shoulder  belt. "  NHTS  A  did  not  believe  that  this 
was  a  sufficient  reason  to  permit  the  use  of  a  pushbut- 
ton release  as  the  means  for  detaching  the  lap/shoul- 
der belt  from  the  vehicle.  NHTSA  explained  that  the 
prohibition  of  a  pushbutton  mechanism  as  the  means 
of  detaching  a  safety  belt  from  its  anchorage  helped 
ensure  that  an  occupant  could  not  easily  release  either 
the  lap  belt  or  shoulder  belt  portion  of  the  safety  belt 
system  and  use  only  the  unreleased  portion  of  the 
safety  belt  system.  The  agency  again  concluded  that 
a  slide  button  or  slide  collar  used  as  the  means  of 
detaching  a  shoulder  belt  would  permit  the  belt  to  be 
detached  when  the  readily  removable  seat  is  removed, 
and  would  also  minimize  the  possibility  that  an  oc- 
cupant will  detach  a  portion  of  the  lap/shoulder  belt  sys- 
tem when  the  readily  removable  seat  is  in  place  in  the 
vehicle.  To  emphasize  the  agency's  intent,  express 
language  was  added  to  the  standard  prohibiting  the  use 
of  pushbutton  mechanisms  to  detach  lap/shoulder  belt 
systems  installed  for  readily  removable  seats. 

Petitions  for  reconsideration  of  this  July  1990 
response  to  Ford  were  received  from  GM  and  Chrys- 
ler Corporation  (Chrysler).  These  petitions  again  asked 
NHTSA  to  permit  the  use  of  pushbutton  releases  to 
detach  the  anchorages  of  safety  belts  installed  at  read- 
ily removable  seats. 

Chrysler,  in  its  petition,  contended  that  there  was 
no  demonstrated  safety  need  for  the  prohibition.  Chrys- 
ler stated  that  it  will  use  the  pushbutton  release  in  cer- 
tain rear  seating  positions  in  one  of  its  1991  models 
because  of  the  "proven  performance"  of  the  design  and 
because  the  parts  were  readily  available.  In  addition, 
Chrysler  stated  that  it  has  taken  steps  to  help  ensure 
that  the  release  is  not  improperly  used,  through  use 
of  a  pushbutton  cover  that  requires  a  special  tool  to 
depress  the  release  and  includes  the  warning,  "Caution- 
Press  for  seat  removal  only."  Finally,  Chrysler  argued 


that  the  Shimizu  interpretation  was  erroneous.  Accord- 
ing to  Chrysler,  S7.2  of  Standard  No.  208  does  not 
preclude  the  use  of  a  pushbutton  release  in  the  man- 
ner requested  by  its  petition,  but  merely  requires  that  ^ 
a  seat  belt  user  be  able  to  release  both  the  lap  and  shoul- 
der portions  of  the  belt  by  means  of  a  single  release. 

In  its  petition,  GM  argued  that  although  the  pream- 
ble to  the  November  1989  final  rule  discussed  the  issue 
of  pushbutton  releases  as  the  mechanism  for  detach- 
ing shoulder  belts,  the  use  of  a  pushbutton  was  not  ex- 
pressly disallowed  in  the  regulatory  language.  Hence, 
GM  claimed  that,  under  Section  553  of  the  Adminis- 
trative Procedure  Act  (5  U.S.C  §553),  it  did  not  have 
an  adequate  notice  and  opportunity  to  comment  on  the 
prohibition.  As  regards  the  merits  of  the  prohibition 
of  pushbutton  releases,  GM  asserted  that  alternate 
release  mechanisms,  such  as  a  slide  button  or  collar, 
may  be  easier  to  unfasten  than  certain  pushbutton  de- 
signs, and,  in  fact,  a  prohibition  of  the  pushbutton 
release  would  permit  the  use  of  a  simple  hook  to  at- 
tach a  safety  belt  assembly  to  an  anchorage.  GM  also 
asserted  that  the  agency  has  not  shown  a  demonstrated 
safety  need  for  the  rule.  In  support  of  its  position,  GM 
stated  that  it  has  delivered  over  400,000  vehicles 
equipped  with  a  pushbutton  release  and  is  not  aware 
of  any  complaints  or  cases  of  misuse  concerning  the 
system.  GM  concluded  that  this  experience  did  not  sup- 
port the  agency's  position  that  a  pushbutton  release 
is  more  likely  to  be  misused. 

NHTSA  has  reexamined  its  previous  decision  in 
response  to  these  petitions.  With  respect  to  GM's 
procedural  objection,  NHTSA  rejects  GM's  assertion 
that  the  public  did  not  have  notice  of  and  an  opportun- 
ity to  comment  on  the  prohibition  of  pushbutton  release 
mechanisms.  5  U.S.C.  553  requires  notices  of  proposed 
rulemaking  to  include  either  "the  terms  or  substance 
of  the  proposed  rule  or  a  description  of  the  subjects  and 
issues  involved."  The  courts  have  interpreted  this  lan- 
guage to  mean  that  the  notice  must  be  sufficiently 
descriptive  of  the  subjects  and  issues  involved  so  that 
interested  parties  may  offer  informed  criticism  and 
comments.  See,  e.g.  Portland  Cement  Ass'n  v.  Ruckels- 
haus,  486  F.2d  375,  392-394  (D.C.  Cir.  1973),  cert,  dm., 
417  U.S.  921  (1974).  However,  the  publication  of  a  pro- 
posed rule  for  comment  does  not  of  necessity  bind  an 
agency  to  undertake  a  new  round  of  notice  and  com- 
ment before  it  adopts  a  rule  which  is  different— even 
substantially  different— from  the  proposed  rule.  Ameri- 
can Iron  &  Steel  Institute  v.  Environmental  Protection 
Agency.  568  F.2d  284,  293  (3rd  Cir.  1977).,  Interna-  ■ 
tional  Harvester  Co.  v.  Ruckelshaiis,  478  F.2d  615,  632 
n.51  (D.C.  Cir.  1973).  The  adequacy  of  the  notice  is 
tested  by  determining  whether  it  fairly  apprised  inter- 
ested persons  of  the  "subjects  and  issues"  before  the 
agency.  Trans-Pacific  Freight  v.  Federal  Maritime 
Commission,  650  F.2d  1235,  1248-1249  (D.C.  Cir. 
1980).,   Ethyl   Coro.    v.    Environmental  Protection  I 

Agency,  541  F.2d  1,  48  (D.C.  Cir.),  cert,  den.,  426  U.S. 
941  (1976). 


PART  571;  S208-PRE  518 


Judged  by  these  criteria,  NHTSA  concludes  that  the 
^  NPRM  was  sufficient  to  apprise  aJl  interested  persons 
m  that  the  agency  was  addressing  the  issue  of  whether 
to  permit  safety  belts  for  readily  removable  seats  to 
be  detachable  from  the  vehicle  and  what,  if  any, 
restrictions  should  be  imposed  on  the  means  of  detach- 
ment. In  the  preamble  to  the  NPRM,  the  agency  stated: 
"The  agency  also  believes  that  manufacturers  are  capa- 
ble of  designing  an  integral  lap/shoulder  belt  system 
that  would  be  nearly  as  convenient  as  a  nonintegral 
shoulder  belt  in  MPV's  with  readily  removable  seats. 
For  instance,  a  shoulder  belt  that  is  readily  detachable 
at  the  anchorage  could  be  used  for  the  outboard  seat- 
ing positions."  53  FR  47982,  at  47990.,  November  29, 
1988.  In  response  to  this  discussion  in  the  preamble, 
both  Ford  and  GM  commented  that,  while  they  agreed 
with  the  agency's  intent  to  permit  detachable  shoul- 
der belts  for  readily  removable  seats,  the  Shimizu 
interpretation  appeared  to  prohibit  such  belt  designs. 
The  GM  comment  may  be  found  on  page  7  of  Enclosure 
1  in  NHTSA  Docket  No.  87-08-N02-033.  In  response 
to  these  comments,  the  preamble  to  the  final  rule  ex- 
plained that  the  Shimizu  interpretation  did  not  prohibit 
all  detachable  belt  systems,  only  those  belt  systems  that 
used  a  pushbutton  as  the  means  of  detachment.  See 
54  FR  46257,  at  46263.,  November  2,  1989. 

This  record  shows  that  the  public  had  notice  of  and 
the  opportunity  to  comment  on  the  issue  of  detachable 
^  belts  at  readily  removable  seats.  The  type  of  release 
^  mechanism  for  detachable  belts  is  one  aspect  of  the 
issue  of  detachability.  Since  the  public  had  express 
notice  that  permitting  detachable  belts  at  readily 
removable  seats  was  one  of  the  subjects  and  issues 
before  the  agency,  and  since  the  commenters  specifi- 
cally addressed  this  issue  and  the  Shimizu  interpreta- 
tion in  their  comments,  GM's  suggestion  that  the 
Administrative  Procedure  Act  required  further  notice 
is  incorrect. 

However,  the  central  point  of  the  Chrysler  and  GM 
petitions,  asserting  that  there  is  no  reasonable  safety 
justification  for  prohibiting  pushbuttons  as  the  means 
of  detaching  belts,  has  merit.  NHTSA  denied  Ford's 
earlier  request  that  pushbuttons  be  permitted  because 
of  the  agency's  concern  that  a  pushbutton  mechanism 
that  detached  a  safety  belt  assembly  from  the  vehicle 
at  an  anchorage  point  would  increase  the  ease  with 
which  an  occupant  could  detach  either  the  lap  belt  or 
shoulder  belt  portion  of  the  belt  system  and  use  only 
one  part  of  the  safety  belt.  Upon  reconsideration, 
NHTSA  agrees  vdth  the  petitioners  that  pushbuttons 
are  not  inherently  more  susceptible  to  misuse  than 
other  release  designs  that  would  be  permitted  under 
the  July  1990  final  rule.  Indeed,  a  pushbutton  design 
such  as  was  described  in  Chrysler's  petition  may  be  less 
^  likely  to  be  misused  than  most  other  designs.  Addition- 
B  ally,  GM  stated  that  it  has  equipped  more  than  400,000 
^  of  its  vehicles  that  have  readily  removable  rear  seats 
with  pushbutton  releases.  GM  stated  that  it  has  no 


indication  that  these  releases  have  been  misused. 
NHTSA  likewise  has  no  evidence  of  misuse.  Upon 
reconsideration,  then,  NHTSA  has  concluded  that 
there  is  no  justification  for  prohibiting  pushbutton 
mechanisms  as  the  means  of  detaching  belts  for  read- 
ily removable  seats.  Standard  No.  208  is  amended  to 
remove  that  prohibition. 

The  Shimizu  interpretation  is,  therefore,  superseded 
to  the  extent  that  it  is  inconsistent  with  the  new  regula- 
tory provisions  for  readily  removable  seats.  However, 
the  Shimizu  interpretation  is  stOl  an  accurate  expres- 
sion of  the  requirements  of  Standard  No.  208  for  safety 
belts  on  seats  that  are  not  readily  removable. 

This  rule  relieves  a  restriction,  by  allowing  manufac- 
turers additional  design  flexibility  in  determining  which 
release  mechanism  should  be  used  for  the  safety  belts 
at  readily  removable  seats.  It  does  not  impose  any  ad- 
ditional obligations  on  any  party.  Those  manufacturers 
that  wish  to  use  pushbutton  releases  will  now  be  free 
to  do  so,  while  those  manufacturers  that  wish  to  use 
releases  other  than  pushbuttons  wall  also  be  free  to  do 
so.  Accordingly,  NHTSA  finds  for  good  cause  that  this 
rule  should  become  effective  30  days  after  publication, 
instead  of  no  sooner  than  180  days  after  publication, 
as  generally  required  by  the  Safety  Act. 

S4.2.4.3  Any  rear  outboard  designated  seating 
position  on  a  readily  removable  seat  (that  is,  a  seat 
designed  to  be  easily  removed  and  replaced  by  means 
installed  by  the  manufacturer  for  that  purpose)  in  a 
vehicle  manufactured  on  or  after  September  1,  1992 
shall  meet  the  requirements  of  S4.2.4  and  may  use  an 
upper  torso  belt  that  detaches  at  either  its  upper  or 
lower  anchorage  point,  but  not  both  anchorage  points, 
to  meet  those  requirements.  The  means  for  detaching 
the  upper  torso  belt  may  use  a  pushbutton  action. 

3.  S4.4.3  of  Standard  No.  208  is  amended  by  revising 
S4.4.3.2.3  to  read  as  follows: 

S4.4.3     Buses   manufactured  on  or  after  Septem- 
ber 1,  1991. 

S4.4.3.2.3  Any  rear  outboard  designated  seating 
position  on  a  readily  removable  seat  (that  is,  a  seat 
designed  to  be  easily  removed  and  replaced  by  means 
installed  by  the  manufacturer  for  that  purpose)  in  a 
vehicle  manufactured  on  or  after  September  1,  1992 
shall  meet  the  requirements  of  S4.4.3.2  and  may  use 
an  upper  torso  belt  that  detaches  at  either  its  upper 
or  lower  anchorage  point,  but  not  both  anchorage 
points,  to  meet  those  requirements.  The  means  for 
detaching  the  upper  torso  belt  may  use  a  pushbutton 
action. 


Issued  on  May  31,  1991 


56  F.R.  26039 
June  6,  1991 


PART  571;  S208-PRE  519-520 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  208 

Occupant  Crash  Protection  in  Passenger  Cars,  IVIultipurpose  Passenger 

Vehicles,  Trucks  and  Buses 

(Docket  No.  69-7;  Notice  No.  9) 


51.  Scope.  This  standard  specifies  perform- 
ance requirements  for  the  protection  of  vehicle  oc- 
cupants in  crashes. 

52.  Purpose.  The  purpose  of  this  standard  is 
to  reduce  the  number  of  deaths  of  vehicle  oc- 
cupants and  the  severity  of  injuries,  by  specifying 
vehicle  crashworthiness  requirements  in  terms  of 
forces  and  accelerations  measured  on  an- 
thropomorphic dummies  in  test  crashes,  and  by 
specifying  equipment  requirements  for  active  and 
passive  restraint  systems. 

53.  Application.  This  standard  applies  to 
passenger  cars,  multipurpose  passenger  vehicles, 
trucks,  and  buses.  In  addition,  S9,  Pressure 
vessels  and  explosive  devices,  applies  to  vessels 
designed  to  contain  a  pressurized  fluid  or  gas,  and 
to  explosive  devices,  for  use  in  the  above  types  of 
motor  vehicles  as  part  of  a  system  designed  to  pro- 
vide protection  to  occupants  in  the  event  of  a  crash. 

54.  General  requirements. 

S4.1     Passenger  cars. 

S4.1.1  Passenger  cars  manufactured  from 
January  1,  1972,  to  August  31,  1973.  Each 
passenger  car  manufactured  from  January  1, 1972, 
to  August  31,  1973,  inclusive,  shall  meet  the  re- 
quirements of  S4.1.1.1,  S4.1.1.2,  or  S4.1.1.3.  A 
protection  system  that  meets  the  requirements  of 
S4. 1.1.1  or  S4.1.1.2  may  be  installed  at  one  or 
more  designated  seating  positions  of  a  vehicle  that 
otherwise  meets  the  requirements  of  S4.1.1.3. 

S4.1.1.1  First  option— complete  passive  protec- 
tion system.  The  vehicle  shall  meet  the  crash  pro- 
tection requirements  of  S5  by  means  that  require 
no  action  by  vehicle  occupants. 

PART  571 


54.1.1.2  Second  option— lap  belt  protection 
system  with  belt  warning.     The  vehicle  shall— 

(a)  At  each  designated  seating  position  have  a 
Type  1  seat  belt  assembly  or  a  Type  2  seat  belt 
assembly  with  a  detachable  upper  torso  portion 
that  conforms  to  S7.1  and  S7.2  of  this  standard; 

(b)  At  each  front  outboard  designated  seating 
position  have  a  seat  belt  warning  system  that  con- 
forms to  S7.3;  and 

(c)  Meet  the  frontal  crash  protection  re- 
quirements of  S5.1,  in  a  perpendicular  impact,  with 
respect  to  anthropomorphic  test  devices  in  each 
front  outboard  designated  seating  position 
restrained  only  by  Type  1  seat  belt  assemblies. 

54.1.1.3  Third  option— lap  and  shoulder  belt  pro- 
tection system  with  belt  warning. 

S4.1. 1.3.1  Except  for  convertibles  and  open- 
body  vehicles,  the  vehicle  shall— 

(a)  At  each  front  outboard  designated  seating 
position  have  a  Type  2  seat  belt  assembly  that  con- 
forms to  Standard  No.  209  and  S7.1  and  S7.2  of 
this  standard,  with  either  an  integral  or  detachable 
upper  torso  portion,  and  a  seat  belt  warning 
system  that  conforms  to  S7.3; 

(b)  At  each  designated  seating  position  other 
than  the  front  outboard  positions,  have  a  Type  1  or 
Type  2  seat  belt  assembly  that  conforms  to  Stand- 
ard No.  209  and  to  S7.1  and  S7.2  of  this  standard; 
and 

(c)  When  it  perpendicularly  impacts  a  fixed  colli- 
sion barrier,  while  moving  longitudinally  forward 
at  any  speed  up  to  and  including  30  m.p.h.,  under 
the  test  conditions  of  S8.1  with  anthropomorphic 
test  devices  at  each  front  outboard  position 
restrained  by  Type  2  seat  belt  assemblies,  ex- 
perience no  complete  separation  of  any  load-bearing 
element  of  a  seat  belt  assembly  or  anchorage. 

S  208-1 


S4.1. 1.3.2  Convertibles  and  open-body  type 
vehicles  shall  at  each  designated  seating  position 
have  a  Type  1  or  Type  2  seat  belt  assembly  that 
conforms  to  Standard  No.  209  and  to  S7.1  and  S7.2 
of  this  standard,  and  at  each  front  outboard  desig- 
nated seating  position  have  a  seat  belt  warning 
system  that  conforms  to  S7.3. 

S4.1.2  Passenger  cars  manufactured  on  or  after 
September  1,  1973,  and  before  September  1,  1986. 

Each  passenger  car  manufactured  on  or  after 
September  1,  1973,  and  before  September  1,  1986, 
shall  meet  the  requirements  of  S4. 1.2.1,  S4.1.2.2, 
orS4.1.2.3. 

A  protection  system  that  meets  the  requirements 
of  S4. 1.2.1  or  S4. 1.2.2  may  be  installed  at  one  or 
more  designated  seating  positions  of  a  vehicle  that 
otherwise  meets  the  requirements  of  S4.1.2.3. 

54.1.2.1  First  option— frontal/angular  automatic 
protection  system.     The  vehicle  shall— 

(a)  At  each  front  outboard  designated  seating 
position  meet  the  frontal  crash  protection  re- 
quirements of  85. 1  by  means  that  require  no  action 
by  vehicle  occupants; 

(b)  At  each  front  center  designated  seating  posi- 
tion have  a  Type  1  or  Type  2  seat  belt  assembly 
that  conforms  to  Standard  No.  209  and  to  S7.1  and 
S7.2;  and 

(c)  Either— 

(1)  Meet  the  lateral  crash  protection  re- 
quirements of  S5.2  and  the  rollover  crash  protec- 
tion requirements  of  S5.3  by  means  that  require  no 
action  by  vehicle  occupants;  or 

(2)  At  each  front  outboard  designated  seating 
position  have  a  Type  1  or  Type  2  seat  belt  assembly 
that  conforms  to  Standard  No.  209  and  to  S7.1 
through  S7.3,  and  that  meets  the  requirements  of 
S5.1  with  front  test  dummies  as  required  by  S5.1, 
restrained  by  the  Type  1  or  Type  2  seat  belt 
assembly  (or  the  pelvic  portion  of  any  Type  2  seat 
belt  assembly  which  has  a  detachable  upper  torso 
belt)  in  addition  to  the  means  that  require  no  action 
by  the  vehicle  occupant. 

54.1.2.2  Second  option— head-on  automatic  pro- 
tection system.     The  vehicle  shall— 

(a)  At  each  designated  seating  position  have  a 
Type  1  seat  belt  assembly  or  a  Type  2  seat  belt 
assembly  with  a  detachable  upper  torso  portion 
that  conforms  to  S7.1  and  S7.2  of  this  standard. 

(b)  At  each  front  outboard  designated  seating 
position,  meet  the  frontal  crash  protection  re- 
quirements of  S5.1,  in  a  perpendicular  impact,  by 
means  that  require  no  action  by  vehicle  occupants; 

(c)  At  each  front  outboard  designated  seating 
position,   meet  the  frontal  crash  protection  re- 


quirements of  S5.1,  in  a  perpendicular  impact,  with 
a  test  device  restrained  by  a  Type  1  seat  belt 
assembly;  and 

(d)  At  each  front  outboard  designated  seating 
position,  have  a  seat  belt  warning  system  that  con- 
forms to  S7.3. 

S4.1.2.3  Third  option— lap  and  shoulder  belt 
protection  system  with  belt  warning. 

54.1. 2.3.1  Except  for  convertibles  and  open- 
body  vehicles,  the  vehicle  shall— 

(a)  At  each  front  outboard  designated  seating 
position  have  a  seat  belt  assembly  that  conforms  to 
S7.1  and  S7.2  of  this  standard,  and  a  seat  belt 
warning  system  that  conforms  to  S7.3.  The  belt 
assembly  shall  be  either  a  Type  2  seat  belt 
assembly  with  a  nondetachable  shoulder  belt  that 
conforms  to  Standard  No.  209  (S571.209),  or  a 
Type  1  seat  belt  assembly  such  that  with  a  test 
device  restrained  by  the  assembly  the  vehicle 
meets  the  frontal  crash  protection  requirements  of 
S5.1  in  a  perpendicular  impact. 

(b)  At  any  center  front  designated  seating  posi- 
tion, have  a  Type  1  or  Type  2  seat  belt  assembly 
that  conforms  to  Standard  No.  209  (S571.209)  and 

to  S7.1  and  S7.2  of  this  standard,  and  a  seat  belt  ; 

warning  system  that  conforms  to  S7.3;  and  \ 

(c)  At  each  other  designated  seating  position, 
have  a  Type  1  or  Type  2  seat  belt  assembly  that 
conforms  to  Standard  No.  209  (S571.209)  and  S7.1 
and  S7.2  of  this  standard. 

54.1. 2.3.2  Convertibles  and  open-body  type 
vehicles  shall  at  each  designated  seating  position 
have  a  Type  1  or  Type  2  seat  belt  assembly  that 
conforms  to  Standard  No.  209  (S57 1.209)  and  to 
S7.1  and  S7.2  of  this  standard,  and  at  each  front 
designated  seating  position  have  a  seat  belt  warn- 
ing system  that  conforms  to  S7.3. 

S4.1.3  Passenger  cars  manufactured  on  or  after 
September  1,  1986,  and  before  September  1,  1989. 

S4.1.3.1  Passenger  cars  manufactured  on  or  after 
September  1,  1986,  and  before  September  1,  1987. 

S4.1.3.1.1  Subject  to  S4.1.3.1.2  and  S4.1.3.4, 
each  passenger  car  manufactured  on  or  after 
September  1,  1986,  and  before  September  1,  1987, 
shall  comply  with  the  requirements  of  S4. 1.2.1, 
S4.1.2.2orS4.1.2.3. 

(A  vehicle  shall  not  be  deemed  to  be  in  non- 
compliance with  this  standard  if  its  manufacturer 
establishes  that  it  did  not  have  reason  to  know  in 
the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 
(51  F.R.  9801— March  21,  1986.  Effective:  May  5, 
1986)1 


(Rev.  3/21/86) 


PART  571;  S  208-2 


S4.1.3.1.2  Subject  to  S4.1.3.4  and  S4.1.5,  the 
amount  of  passenger  cars,  specified  in  S4. 1.3. 1.1 
complying  with  the  requirements  of  S4. 1.2.1  shall 
not  be  less  than  10  percent  of: 

(a)  the  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1983, 
and  before  September  1,  1986,  by  each  maniifac- 
turer,  or 

(b)  the  manufacturer's  annual  production  of 
passenger  cars  during  the  period  specified  in 
S4.1. 3.1.1. 

[S4.1.3.1.3  A  manufacturer  may  exclude  conver- 
tibles which  do  not  comply  with  the  requirements  of 
S4.1.2.1,  when  it  is  calculating  its  average  annual 
production  under  S4.1. 3. 1.2(a)  or  its  annual  produc- 
tion under  S4. 1.3. 1.2(b).  (51  F.R.  37028-October  17, 
1986.  Effective:  November  17,  1986.)! 

54.1 .3.2  Passenger  cars  manufactured  on  or  after 
September  1, 1987,  and  before  September  1, 1988. 

54.1.3.2.1  Subject  to  S4. 1.3.2.2  and  S4.1.3.4, 
each  passenger  car  manufactured  on  or  after 
September  1,  1987,  and  before  September  1,  1988, 
shall  comply  with  the  requirements  of  S4. 1.2.1, 
S4.1.2.2or  S4.1.2.3. 

A  vehicle  shall  not  be  deemed  to  be  in  non- 
compliance with  this  standard  if  its  manufacturer 
establishes  that  it  did  not  have  reason  to  know  in  the 
exercise  of  due  care  that  such  vehicle  is  not  in  con- 
formity with  the  requirement  of  this  standard. 

54.1.3.2.2  Subject  to  S4.1.3.4  and  S4.1.5,  the 
amount  of  passenger  cars  specified  in  S4. 1.3.2.1 
complying  with  the  requirements  of  S4. 1.2.1  shall 
be  not  less  than  25  percent  of: 

(a)  the  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1984, 
and  before  September  1,  1987,  by  each  manufac- 
turer, or 

(b)  the  manufacturer's  annual  production  of  pas- 
senger cars  during  the  period  specified  in 
S4.1.3.2.1. 

[S4.1 .3.2.3  A  manufacturer  may  exclude  conver- 
tibles which  do  not  comply  with  the  requirements  of 
S4. 1.2.1,  when  it  is  calculating  its  average  annual 
production  under  S4. 1.3.2.2(a)  or  its  annual  produc- 
tion under  S4. 1.3.2.2(b).  (51  F.R.  37028— October  17, 
1986.  Effective:  November  17,  1986.)! 

54.1 .3.3  Passenger  cars  manufactured  on  or  after 
September  1, 1988,  and  before  September  1, 1989. 

S4.1.3.3.1  Subject  to  S4.1. 3.3.2  and  S4.1.3.4, 
each  passenger  car  manufactured  on  or  after 
September  1,  1988,  and  before  September  1,  1989, 
shall  comply  with  the  requirements  of  S4. 1.2.1, 
S4.1.2.2  or  S4. 1.2.3. 

A  vehicle  shall  not  be  deemed  to  be  in  non- 
compliance with  this  standard  if  its  manufacturer 


establishes  that  it  did  not  have  reason  to  know  in 
the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 
S4.1.3.3.2  Subject  to  S4.1.3.4  and  S4.1.5,  the 
amount  of  passenger  cars  specified  in  S4. 1.3.3.1 
complying  with  the  requirements  of  S4. 1.2.1  shall 
be  not  less  than  40  percent  of: 

(a)  the  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1985, 
and  before  September  1,  1988,  by  each  manufac- 
turer or 

(b)  the  manufacturer's  annual  production  of 
passenger  cars  during  the  period  specified  in 
S4.1.3.3.1. 

[S4.1. 3.3.3  A  manufacturer  may  exclude  conver- 
tibles which  do  not  comply  with  the  requirements  of 
S4. 1.2.1,  when  it  is  calculating  its  average  annual 
production  under  S4. 1.3. 3. 2(a)  or  its  annual  produc- 
tion under  S4. 1.3.3.2(b).  (51  F.R.  37028— October  17, 
1986.  Effective:  November  17,  1986.)] 

S4.1.3.4    Calculation  of  complying  passenger  cars. 

(a)  For  the  purposes  of  calculating  the  numbers 
of  cars  manufactured  under  S4. 1.3. 1.2,  S4.1.3.2.2, 
or  S4.1. 3.3.2  to  comply  with  S4. 1.2.1: 

(1)  each  car  whose  driver's  seating  position 
complies  with  the  requirements  of  S4. 1.2. 1(a)  by 
means  not  including  any  type  of  seat  belt  and 
whose  front  right  seating  position  will  comply  with 
the  requirements  of  S4. 1.2. 1(a)  by  any  means  is 
counted  as  1.5  vehicles,  and 

(2)  each  car  whose  driver's  seating  position 
complies  with  the  requirements  of  S4. 1.2. 1(a)  by 
means  not  including  any  type  of  seat  belt  and  whose 
right  front  seat  seating  position  is  equipped  with  a 
manual  Type  2  seat  belt  is  counted  as  one  vehicle. 

(b)  For  the  purposes  of  complying  with 
S4. 1.3. 1.2,  a  passenger  car  may  be  counted  if  it: 

(1)  is  manufactured  on  or  after  September  1, 
1985,  but  before  September  1,  1986,  and 

(2)  complies  with  S4.1.2.1. 

(c)  For  the  purposes  of  complying  with 
S4. 1.3.2.2,  a  passenger  car  may  be  counted  if  it: 

(1)  is  manufactured  on  or  after  September  1, 
1985,  but  before  September  1,  1987, 

(2)  complies  with  S4. 1.2.1,  and 

(3)  is  not  counted  toward  compliance  with 
S4.1.3.1.2. 

(d)  For  the  purposes  of  complying  with 
S4. 1.3.3.2,  a  passenger  car  may  be  counted  if  it: 

(1)  is  manufactured  on  or  after  September  1, 
1985,  but  before  September  1,  1988, 

(2)  complies  with  S4. 1.2.1,  and 

(3)  is  not  counted  toward  compliance  with 
S4.1.3.1.2  or  S4.1.3.2.2. 


(Rev.  10/17/86) 


PART  571;  S  208-3 


S4.1.3.5  Passenger  cars  produced  by  more  than 
one  manufacturer. 

54.1. 3.5.1  For  the  purposes  of  calculating 
average  annual  production  of  passenger  cars  for 
each  manufacturer  and  the  amount  of  passenger 
cars  manufactured  by  each  manufacturer  under 
S4.1.3.1.2,  S4.1. 3.2.2  or  S4. 1.3.3.2,  a  passenger 
car  produced  by  more  than  one  manufacturer  shall 
be  attributed  to  a  single  manufacturer  as  follows, 
subject  to  S4. 1.3.5.2: 

(a)  A  passenger  car  which  is  imported  shall  be 
attributed  to  the  importer. 

(b)  A  passenger  car  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of 
which  also  markets  the  vehicle,  shall  be  attributed 
to  the  manufacturer  which  markets  the  vehicle. 

54.1. 3.5.2  A  passenger  car  produced  by  more 
than  one  manufacturer  shall  be  attributed  to  any 
one  of  the  vehicle's  manufacturers  specified  by  an 
express  written  contract,  reported  to  the  National 
Highway  Traffic  Safety  Administration  under  49 
CFR  Part  585,  between  the  manufacturer  so  speci- 
fied and  the  manufacturer  to  which  the  vehicle 
would  otherwise  be  attributed  under  S4. 1.3. 5.1. 

S4.1.4  Passenger  cars  manufactured  on  or  after 
September  1,  1989. 

54.1.4.1  Except  as  provided  in  S4.1.4.2,  each 
passenger  car  manufactured  on  or  after  September 
1,  1989,  shall  comply  with  the  requirements  of 
S4. 1.2.1.  Any  passenger  car  manufactured  on  or 
after  September  1,  1989  and  before  September  1, 
1993  whose  driver's  designated  seating  position 
complies  with  the  requirements  of  S4.1. 2.1(a)  by 
means  not  including  any  type  of  seat  belt  and  whose 
right  front  designated  seating  position  is  equipped 
with  a  manual  Type  2  seat  belt  so  that  the  seating 
position  complies  with  the  occupant  crash  protec- 
tion requirements  of  S5.1,  with  the  Type  2  seat  belt 
assembly  adjusted  in  accordance  with  S7.4.2,  shall 
be  counted  as  a  vehicle  complying  with  S4. 1.2.1.  A 
vehicle  shall  not  be  deemed  to  be  in  noncompliance 
with  this  standard  if  its  manufacturer  establishes 
that  it  did  not  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  this  standard. 

54.1.4.2  (a)  Each  passenger  car,  other  than  a 
convertible,  manufactured  before  December  11, 

1989  may  be  equipped  with,  and  each  passenger 
car,  other  than  a  convertible,  manufactured  on  or 
after  December  11,  1989  and  before  September  1, 

1990  shall  be  equipped  with  a  Type  2  seat  belt 


assembly  at  every  forward-facing  rear  outboard  \ 

designated  seating  position.  Type  2  seat  belt 
assemblies  installed  pursuant  to  this  provision 
shall  comply  with  Standard  No.  209  (49  CFR 
571.209)  and  with  S7.1.1  of  this  standard. 

(b)  lExcept  as  provided  in  S4. 1.4.2.1  and 
S4. 1.4.2.2,  each  passenger  car,  other  than  a  con- 
vertible, manufactured  on  or  after  September  1, 
1990  and  each  convertible  passenger  car  manufac- 
tured on  or  after  September  1,  1991  shall  be  equip- 
ped with  an  integral  Type  2  seat  belt  assembly  at 
every  forward-facing  rear  outboard  designated 
seating  position.  Type  2  seat  belt  assemblies  in- 
stalled in  compliance  with  this  requirement  shall 
comply  with  Standard  No.  209  (49  CFR  §  571.209) 
and  with  S7.1  and  S7.2  of  this  standard.  If  a  Type  2 
seat  belt  assembly  installed  in  compliance  with  this 
requirement  incorporates  any  webbing  tension- 
relieving  device,  the  vehicle  owner's  manual  shall 
include  the  information  specified  in  S7.4.2(b)  of 
this  standard  for  the  tension-relieving  device,  and 
the  vehicle  shall  comply  with  S7.4.2(c)  of  this 
standard.  (55  F.R.  30914— July  30,  1990.  Effective: 
January  28,  1991) 

[(c)  As  used  in  this  section,  "rear  outboard 
designated  seating  position"  means  any  "outboard  i 

designated  seating  position"  (as  that  term  is 
defined  at  49  CFR  571.3)  that  is  rearward  of  the 
front  seat(s),  except  any  designated  seating  posi- 
tion adjacent  to  a  walkway  that  is  located  between 
the  seat  and  the  near  side  of  the  vehicle  and  is 
designated  to  allow  access  to  more  rearward 
seating  position.  (55  F.R.  30914— July  30,  1990.  Ef- 
fective: January  28,  1991)1 

S4.1 .4.2.1  Any  rear  outboard  designated  seating 
position  with  a  seat  that  can  be  adjusted  to  be 
forward-facing  and  to  face  some  other  direction 
shall  either: 

(i)  meet  the  requirements  of  S4. 1.4.2  with  the 
seat  in  any  position  in  which  it  can  be  occupied 
while  the  vehicle  is  in  motion;  or 

(ii)  when  the  seat  is  in  its  forward-facing  posi- 
tion, have  a  Type  2  seat  belt  assembly  with  an 
upper  torso  restraint  that  conforms  to  S7.1  and 
S7.2  of  this  standard  and  that  adjusts  by  means  of 
an  emergency  locking  retractor  that  conforms 
with  Standard  No.  209  (49  CFR  571.209),  which 
upper  torso  restraint  may  be  detachable  at  the 
buckle  and  when  the  seat  is  in  any  position  in  which 
it  can  be  occupied  while  the  vehicle  is  in  motion, 
have  a  Type  1  seat  belt  or  the  pelvic  portion  of  a 
Type  2  seat  belt  assembly  that  conforms  to  S7.1 
and  S7.2  of  this  standard. 


(Rev.  7/30/90) 


PART  571;  S  208-4 


S4.1 .4.2.2  Any  rear  outboard  designated  seating 
position  on  a  readily  removable  seat  (that  is,  a  seat 
designed  to  be  easily  removed  and  replaced  by 
means  installed  by  the  manufacturer  for  that  pur- 
pose) in  a  vehicle  manufactured  on  or  after  Septem- 
ber 1,  1992  shall  meet  the  requirements  of  S4.1.4.2, 
and  may  use  an  upper  torso  belt  that  detaches  at 
either  its  upper  or  lower  anchorage  point,  but  not 
both  anchorage  points,  to  meet  those  requirements. 
[The  means  for  detaching  the  upper  torso  belt  may 
use  a  pushbutton  action.  (56  F.R.  26039— June  6, 
1991.  Effective:  July  8,  19911 

S4.1.5     Mandatory  seatbelt  use  laws. 

54.1.5.1  If  the  Secretary  of  Transportation 
determines,  by  not  later  than  April  1,  1989,  that 
state  mandatory  safety  belt  usage  laws  have  been 
enacted  that  meet  the  criteria  specified  in  S4. 1.5.2 
and  that  are  applicable  to  not  less  than  two-thirds 
of  the  total  population  of  the  50  states  and  the 
District  of  Columbia  (based  on  the  most  recent 
Estimates  of  the  Resident  Population  of  States,  by 
Age,  Current  Population  Reports,  Series  P-25, 
Bureau  of  the  Census),  each  passenger  car  manu- 
factured under  S4.1.3  or  S4.1.4  on  or  after  the  date 
of  that  determination  shall  comply  with  the  re- 
quirements of  S4. 1.2.1,  S4.1.2.2,  or  S4.1.2.3. 

54.1.5.2  The  minimum  criteria  for  state  man- 
datory safety  belt  usage  laws  are: 

(a)  Require  that  each  front  seat  occupant  of  a 
passenger  car  equipped  with  safety  belts  under 
Standard  No.  208  has  a  safety  belt  properly  fas- 
tened about  his  or  her  body  at  all  times  when  the 
vehicle  is  in  forward  motion. 

(b)  If  waivers  from  the  safety  belt  usage  require- 
ment are  to  be  provided,  permit  them  for  medical 
reasons  only. 

(c)  Provide  for  the  following  enforcement 
measures: 

(1)  A  penalty  of  not  less  than  $25.00  (which 
may  include  court  costs)  for  each  occupant  of  a  car 
who  violates  the  belt  usage  requirement. 

(2)  A  provision  specifying  that  the  violation  of 
the  belt  usage  requirement  may  be  used  to  mitigate 
damages  with  respect  to  any  person  who  is  in- 
volved in  a  passenger  car  accident  while  violating 
the  belt  usage  requirement  and  who  seeks  in  any 
subsequent  litigation  to  recover  damages  for  in- 
juries resulting  from  the  accident.  This  require- 
ment is  satisfied  if  there  is  a  rule  of  law  in  the  State 
permitting  such  mitigation. 

(3)  A  program  to  encourage  compliance  with 
the  belt  usage  requirement. 

(d)  An  effective  date  of  not  later  than 
September  1,  1989. 


S4.2  Trucks  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  10,000  pounds  or  less. 

54.2.1  Trucks  and  multipurpose  passenger 
vehicles,  with  a  GVWR  of  10,000  pounds  or  less,  manu- 
factured on  or  after  January  1,  1976  and  before 
September  1,  1991.  Each  truck  and  multipurpose 
passenger  vehicle,  with  a  gross  vehicle  weight  rat- 
ing of  10,000  pounds  or  less,  manufactured  before 
September  1,  1991,  shall  meet  the  requirements  of 
S4. 1.2.1,  or  at  the  option  of  the  manufacturer, 
S4. 1.2.2  or  S4.1.2.3  (as  specified  for  passenger 
cars),  except  that  forward  control  vehicles  manufac- 
tured prior  to  September  1,  1981,  convertibles, 
open-body  type  vehicles,  walk-in  van-type  trucks, 
motor  homes,  vehicles  designed  to  be  exclusively 
sold  to  the  U.S.  Postal  Service,  and  vehicles  carringl 
chassis-mount  campers  may  instead  meet  the  re-' 
quirements  of  S4.2.1.1  or  S4.2.1.2. 

54.2.1.1  First  option— complete  automatic  pro- 
tection system.  The  vehicle  shall  meet  the  crash 
protection  requirements  of  S5  by  means  that 
require  no  action  by  vehicle  occupants. 

54.2.1.2  Second    option— belt    system.    The 

vehicle  shall  have  seat  belt  assemblies  that  con- 
form to  Standard  209  installed  as  follows: 

(a)  A  Type  1  or  Type  2  seat  belt  assembly  shall 
be  installed  for  each  designated  seating  position  in 
convertibles,  open-body  type  vehicles,  and  walk-in 
van-type  trucks. 

(b)  In  all  vehicles  except  those  for  which  require- 
ments are  specified  in  S4.2. 1.2(a),  a  Type  2  seat  belt 
assembly  shall  be  installed  for  each  outboard  desig- 
nated seating  position  that  includes  the  windshield 
header  within  the  head  impact  area,  and  a  Type  1  or 
Type  2  seat  belt  assembly  shall  be  installed  for  each 
other  designated  seating  position. 

84.2.2  Trucks  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less,  manufactured 
on  or  after  September  1, 1991  and  before  September  1, 
1997.  Except  as  provided  in  S4.2.4,  each  truck 
and  multipurpose  passenger  vehicle,  with  a  gross 
vehicle  weight  rating  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less, 
manufactured  on  or  after  September  1,  1991  and 
before  September  1,  1997,  shall  meet  the  re- 
quirements of  S4. 1.2.1,  or  at  the  option  of  the 
manufacturer,  S4.1.2.2  or  S4. 1.2.3  (as  specified  for 
passenger  cars),  except  that  convertibles,  open- 
body  type  vehicles,  walk-in  van-type  trucks, 
motorhomes,  vehicles  designed  to  be  exclusively 
sold  to  the  U.S.  Postal  Service,  and  vehicles  carry- 
ing chassis-mount  campers  may  instead  meet  the 


(Rev.  6/6/91) 


PART  571;  S  208-5 


requirements  of  S4.2.1.1  or  S4.2.1.2.  Each  Type  2 
seat  belt  assembly  installed  in  a  front  outboard 
designated  seating  position  in  accordance  with 
S4.1.2.3.  shall  meet  the  requirements  of  S4.6. 

54.2.3  Trucks  and  multipurpose  passenger 
vehicles  manufactured  on  or  after  September  1, 1991 
with  either  a  GVWR  of  more  than  8,500  pounds  but 
not  greater  than  10,000  pounds  or  with  an  unloaded 
vehicle  weight  greater  than  5,500  pounds  and  a 
GVWR  of  10,000  pounds  or  less.  Except  as  provided 
in  S4.2.4,  each  truck  and  multipurpose  passenger 
vehicle  manufactured  on  or  after  September  1, 
1991,  that  has  either  a  gross  vehicle  weight  rating 
which  is  greater  than  8,500  pounds,  but  not 
greater  than  10,000  pounds,  or  has  an  unloaded 
vehicle  weight  greater  than  5,500  pounds  and  a 
GVWR  of  10,000  pounds  or  less  shall  meet  the  re- 
quirements of  S4. 1.2.1,  or  at  the  option  of 
manufacturer,  S4.1.2.2  or  S4.1.2.3  (as  specified  for 
passenger  cars),  except  that  convertibles,  open- 
body  type  vehicles,  walk-in  van-type  trucks,  motor 
homes,  vehicles  designed  to  be  exclusively  sold  to 
the  U.S.  Postal  Service,  and  vehicles  carrying 
chassis-mount  campers  may  instead  meet  the 
requirements  of  S4.2.1.1  or  S4.2.1.2. 

Note:  Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  nriust  comply  with  the  dynamic  testing  require- 
ments of  Sit. 6  of  Standard  No.  208  beginning  on 
September  1,  1991) 

54.2.4  [Trucks  and  multipurpose  passenger 
vehicles  manufactured  on  or  after  September  1, 1991 
with  a  GVWR  of  10,000  pounds  or  less.]  Except  as 
provided  in  S4.2.4.2  and  S4.2.4.3,  each  truck  and 
each  multipurpose  passenger  vehicle,  other  than  a 
motor  home,  manufactured  on  or  after  September 
1,  1S91  that  has  a  gross  vehicle  weight  rating  of 
10,000  pounds  or  less  shall  be  equipped  with  an  in- 
tegral Type  2  seat  belt  assembly  at  every  forward- 
facing  rear  outboard  designated  seating  position. 
Type  2  seat  belt  assemblies  installed  in  compliance 
with  this  requirement  shall  comply  with  Standard 
No.  209  (49  CFR  571.209)  and  with  S7.1  and  S7.2 
of  this  standard.  If  a  Type  2  seat  belt  assembly  in- 
stalled in  compliance  with  this  requirement  incor- 
porates any  webbing  tension-relieving  device,  the 
vehicle  owner's  manual  shall  include  the  informa- 
tion specified  in  S7.4.2(b)  of  this  standard  for  the 
tension-relieving  device,  and  the  vehicle  shall  com- 
ply with  S7.4.2(c)  of  this  standard. 


54.2.4.1  As  used  in  this  section—  ^ 

(a)  "Motor  home"  means  a  motor  vehicle  with 
motive  power  that  is  designed  to  provide  tem- 
porary residential  accommodations,  as  evidenced 
by  the  presence  of  at  least  four  of  the  following 
facilities:  cooking;  refrigeration  or  ice  box;  self- 
contained  toilet;  heating  and/or  air  conditioning;  a 
potable  water  supply  system  including  a  faucet  and 
a  sink;  and  a  separate  110-125  volt  electrical  power 
supply  and/or  an  LP  gas  supply. 

(b)  "Rear  outboard  designated  seating  position" 
means  any  "outboard  designated  seating  position" 
(as  that  term  is  defined  at  49  CFR  571.3)  that  is 
rearward  of  the  front  seat(s),  except  any 
designated  seating  positions  adjacent  to  a  walkway 
located  between  the  seat  and  the  side  of  the  vehi- 
cle, which  walkway  is  designed  to  allow  access  to 
more  rearward  seating  positions. 

54.2.4.2  Any  rear  outboard  designated  seating 
position  with  a  seat  that  can  be  adjusted  to  be 
forward-facing  and  to  face  some  other  direction 
shall  either: 

(a)  meet  the  requirements  of  S4.2.4  with  the 
seat  in  any  position  in  which  it  can  be  occupied         \ 
while  the  vehicle  is  in  motion;  or 

(b)  when  the  seat  is  in  its  forward-facing  posi- 
tion, have  a  Type  2  seat  belt  assembly  with  an 
upper  torso  restraint  that  conforms  to  S7.1  and 
S7.2  of  this  standard  and  that  adjusts  by  means  of 
an  emergency  locking  retractor  that  conforms 
with  Standard  No.  209  (49  CFR  571.209),  which 
upper  torso  restraint  may  be  detachable  at  the 
buckle,  and,  when  the  seat  is  in  any  position  in 
which  it  can  be  occupied  while  the  vehicle  is  in 
motion,  have  a  Type  1  seat  belt  or  the  pelvic  por- 
tion of  the  Type  2  seat  belt  assembly  that  conforms 
to  S7.1  and  S7.2  of  this  standard. 

54.2.4.3  Any  rear  outboard  designated  seating 
position  on  a  readily  removable  seat  (that  is,  a  seat 
designed  to  be  easily  removed  and  replaced  by 
means  installed  by  the  manufacturer  for  that  pur- 
pose) in  a  vehicle  manufactured  on  or  after  Sep- 
tember 1,  1992  shall  meet  the  requirements  of 
S4.2.4,  and  may  use  an  upper  torso  belt  that 
detaches  at  either  its  upper  or  lower  anchorage 
point,  but  not  both  anchorage  points,  to  meet  those 
requirements.  [The  means  for  detaching  the  upper 
torso  belt  may  use  a  pushbotton  action.  (56  F.R. 
26039— June  6,  1991.  Effective:  July  8,  19911 


PART  571;  S  208-6 


[S4.2.5  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1, 1994, 
and  before  September  1,  1997. 

[S4.2.5.1  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1, 1994, 
and  before  September  1,  1995. 

(S4.2.5.1.1  Subject  to  S4.2.5.1.2  and  S4.2.5.1.5 
and  except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is 
manufactured  on  or  after  September  1,  1994,  and 
before  September  1, 1995,  shall  comply  with  the  re- 
quirements of  S4.1.2.1,  S4.1.2.2,  or  S4.1.2.3  (as 
specified  for  passenger  cars).  A  vehicle  shall  not  be 
deemed  to  be  in  noncompliance  with  this  standard 
if  its  manufacturer  establishes  that  it  did  not  have 
reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 

IS4.2.5.1.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.1.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than 
20  percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufac- 
tured on  or  after  September  1,  1991,  and  before 
September  1,  1994,  by  each  manufacturer  that  pro- 
duced such  vehicles  during  each  of  those  annual 
production  periods,  or 

(b)  The  manufacturer's  total  production  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
during  the  period  specified  in  S4. 2. 5.1.1. 

IS4.2.5.2  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1,  1995, 
and  before  September  1,  1996. 


[S4.2.5.2.1  Subject  to  S4.2.5.2.2  and  S4.2.5.5 
and  except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  than  is 
manufactured  on  or  after  September  1,  1995,  and 
before  September  1, 1996,  shall  comply  with  the  re- 
quirements of  S4.1.2.1,  S4.1.2.2,  or  S4.1.2.3  (as 
specified  for  passenger  cars).  A  vehicle  shall  not  be 
deemed  to  be  in  noncompliance  with  this  standard 
if  its  manufacturer  establishes  that  it  did  not  have 
reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 

[S4.2.5.2.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.2.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than 
50  percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unlqaded 
vehicle  weight  of  5,500  pounds  or  less  manufac- 
tured on  or  after  September  1,  1992,  and  before 
September  1,  1995,  by  each  manufacturer  that  pro- 
duced such  vehicles  during  each  of  those  annual 
production  periods,  or 

(b)  The  manufacturer's  total  production  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
during  the  period  specified  in  S4.2.5.2.1. 

[S4.2.5.3  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1, 1996, 
and  before  September  1,  1997. 

IS4.2.5.3.1  Subject  to  S4.2.5.3.2  and  S4.2.5.5 
and  except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is 
manufactured  on  or  after  September  1,  1996,  and 
before  September  1, 1997,  shall  comply  with  the  re- 
quirements of  S4.1.2.1,  S4.1.2.2,  or  S4. 1.2.3  (as 
specified  for  passenger  cars).  A  vehicle  shall  not  be 
deemed  to  be  in  noncompliance  with  this  standard 


{Rev.  3/26/91) 


PART  571;  S  208-7 


if  its  manufacturer  establishes  that  it  did  not  have 
reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 

[S4.2.5.3.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.3.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than 
90  percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  manufactured  on  or 
after  September  1,  1993,  and  before  September  1, 
1996,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  oh  less 
during  the  period  specified  in  S4. 2. 5. 3.1. 


[S4.2.5.4    Alternative    phase-in    schedule.     A 

manufacturer  may,  at  its  option,  comply  with  the 
requirements  of  this  section  instead  of  complying 
with  the  requirements  set  forth  in  S4.2.5.1, 
S4.2.5.2,  and  S4.2.5.3. 

(a)  Except  as  provided  in  S4.2.4,  each  truck, 
bus,  and  multipurpose  passenger  vehicle,  other 
than  walk-in  van-type  trucks  and  vehicles  designed 
to  be  exclusively  sold  to  the  U.S.  Postal  Service, 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
that  is  manufactured  on  or  after  September  1, 

1994,  and  before  September  1,  1995,  shall  comply 
with  the  requirements  of  S4.1.2.1,  S4.1.2.2,  or 
S4.1.2.3  (ss  specified  for  passenger  cars). 

(b)  Except  as  provided  in  S4.2.4,  each  truck, 
bus,  and  multipurpose  passenger  vehicle,  other 
than  walk-in  van-type  trucks  and  vehicles  designed 
to  be  exclusively  sold  to  the  U.S.  Postal  Service, 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
that  is  manufactured  on  or  after  September  1, 

1995,  shall  comply  with  the  requirements  of 
S4.1.2.1  (as  specified  for  passenger  cars)  of  this 
standard.  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to 
know  in  the  exercise  of  due  care  that  such  vehicle  is 
not  in  conformity  with  the  requirement  of  this 
standard. 


(c)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less 
manufactured  on  or  after  September  1,  1995,  but 
before  September  1,  1998,  whose  driver's  seating 
position  complies  with  the  requirements  of 
S4. 1.2. 1(a)  of  this  standard  by  means  not  including 
any  type  of  seat  belt  and  whose  right  front 
passenger's  seating  position  is  equipped  with 
manual  Type  2  seat  belt  that  complies  with  S5.1  of 
this  standard,  with  the  seat  belt  assembly  adjusted 
in  accordance  with  S7.4.2,  shall  be  counted  as  a 
vehicle  complying  with  S4.1.2.1. 

[S4.2.5.5  Calculation  of  complying  trucks,  buses, 
and  multipurpose  passenger  vehicles  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less. 

(a)  For  the  purposes  of  the  calculations  required 
in  S4.2.5.1.2,  S4.2.5.2.2,  and  S4.2.5.3.2  of  the 
number  of  trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds 
or  less  and  an  unloaded  vehicle  weight  of  5,500 
pounds   or   less   that   comply   with   S4. 1.2.1   (as  a 

specified  for  passenger  cars):  I 

(1)  Each  truck,  bus,  and  multipurpose 
passenger  vehicle  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  whose  driver's  seating  position  com- 
plies with  the  requirements  of  S4. 1.2. 1(a)  by  means 
not  including  any  type  of  seat  belt  and  whose  front 
right  seating  position  complies  with  the  re- 
quirements of  S4. 1.2. 1(a)  by  any  means  is  counted 
as  1.5  vehicles,  and 

(2)  Each  truck,  bus,  and  multipurpose 
passenger  vehicle  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  whose  driver's  seating  position  com- 
plies with  the  requirements  of  S4. 1.2. 1(a)  by  means 
not  including  any  type  of  seat  belt  and  whose  right 
front  passenger's  seating  position  is  equipped  with 
a  manual  Type  2  seat  belt  that  complies  with  S5.1 
of  this  standard,  with  the  seat  belt  assembly  ad- 
justed in  accordance  with  S7.4.2,  is  counted  as  one 
vehicle. 

(3)  Each  truck,  bus,  and  multipurpose  passen- 
ger vehicle  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  that  is  manufactured  in  two  or  more  stages  or 
that  is  altered  (within  the  meaning  of  §567.7  of  \ 
this  chapter)  after  having  previously  been  certified 

in  accordance  with  Part  567  of  this  chapter  is 


PART  571;  S  208- 


not  subject  to  the  requirements  of  S4.2.5.1.2, 
S4.2.5.2.2,  and  S4.2.5.3.2.  Such  vehicles  may  be 
excluded  from  all  calculations  of  compliance  with 
S4.2.5.1.2,  S4.2.5.2.2,  and  S4.2.5.3.2. 

(b)  For  the  purposes  of  complying  with 
S4.2.5.1.2,  a  truck,  bus,  or  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less 
may  be  counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1, 
1992,  but  before  September  1,  1994,  and 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars). 

(c)  For  the  purposes  of  complying  with 
S4.2.5.2.2,  a  truck,  bus,  or  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less 
may  be  counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1, 
1992,  but  before  September  1,  1995, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4.2.5.1.2. 

(d)  For  the  purposes  of  complying  with 
S4.2.5.3.2,  a  truck,  bus,  or  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less 
may  be  counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1, 
1992,  but  before  September  1,  1996, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4.2.5.1.2  or  S4.2.5.2.2. 

[S4.2.5.6  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  produced  by  more  than  one  manufacturer. 

[S4.2.5.6.1  For  the  purposes  of  calculating 
average  annual  production  for  each  manufacturer 
and  the  amount  of  vehicles  manufactured  by  each 
manufacturer  under  S4.2.5.1.2,  S4.2.5.2.2,  or 
S4.2.5.3.2,  a  truck,  bus,  or  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  vehicle  weight  of  5,500  pounds  or  less 
produced  by  more  than  one  manufacturer  shall  be 
attributed  to  a  single  manufacturer  as  follows,  sub- 
ject to  S4.2.5.6.2: 

(a)  A  vehicle  that  is  imported  shall  be  attributed 
to  the  importer. 


(b)  A  vehicle  that  is  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of 
which  also  markets  the  vehicle,  shall  be  attributed 
to  the  manufacturer  that  markets  the  vehicle. 

[S4.2.5.6.2  A  truck,  bus,  or  multipurpose  pas- 
senger vehicle  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  produced  by  more  than  one 
manufacturer  shall  be  attributed  to  any  one  of  the 
vehicle's  manufacturers  specified  in  an  express 
written  contract,  reported  to  the  Nationao 
Highway  Traffic  Safety  Administration  under  49 
CFR  Part  585,  between  the  manufacturer  so 
specified  and  the  manufacturer  to  which  the  vehi- 
cle would  otherwise  be  attributed  under  S4.2.5.4.1. 

[S4.2.6  Trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1, 
1997.  Except  as  provided  in  S4.2.4,  each  truck, 
bus,  and  multipurpose  passenger  vehicle  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufac- 
tured on  or  after  September  1,  1997  shall  comply 
with  the  requirements  of  S4. 1.2.1  (as  specified  for 
passenger  cars)  of  this  standard,  except  that  walk- 
in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service  may  in- 
stead meet  the  requirements  of  S4.2.1.1  or 
S4.2.1.2.  Each  truck,  bus,  and  multipurpose 
passenger  vehicle  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Septem- 
ber 1,  1997,  but  before  September  1,  1998,  whose 
driver's  seating  position  complies  with  the  re- 
quirements of  S4. 1.2. 1(a)  of  this  standard  by  means 
not  including  any  type  of  seat  belt  and  whose  right 
front  passenger's  seating  position  is  equipped  with  a 
manual  Type  2  seat  belt  that  complies  with  S5.1  of 
this  standard,  with  the  seat  belt  assembly  adjusted 
in  accordance  with  S7.4.2,  shall  be  counted  as  a 
vehicle  complying  with  S4. 1.2.1.  A  vehicle  shall  not 
be  deemed  to  be  in  noncompliance  with  this  stand- 
ard if  its  manufacturer  establishes  that  it  did  not 
have  reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard.  (56  F.R.  12472-March  26, 
1991.  Effective:  September  23,  1991)1 

S4.3  Trucks  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  more  than  10,000  pounds. 

S4.3.1  Trucks  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  more  than  10,000  pounds, 
manufactured  on  or  after  January  1, 1972  and  before 
September  1,  1990.    Each  truck  and  multipurpose 


PART  571;  S  208-9 


passenger  vehicle  with  a  gross  vehicle  weight 
rating  of  more  than  10,000  pounds,  manufactured 
on  or  after  January  1,  1972  and  before  September 
1,  1990,  shall  meet  the  requirements  of  S4.3.1.1  or 
S4.3.1.2.  A  protection  system  that  meets  the  re- 
quirements of  S4.3.1.1  may  be  installed  at  one  or 
more  designated  seating  positions  of  a  vehicle  that 
otherwise  meets  the  requirements  of  S4.3.1.2. 

54.3.1.1  First  option— complete  passenger  pro- 
tection system.  The  vehicle  shall  meet  the  crash 
protection  requirements  of  S5  by  means  that  re- 
quire no  action  by  vehicle  occupants. 

54.3.1 .2  Second  option— belt  system.  The  vehi- 
cle shall,  at  each  designated  seating  position,  have 
either  a  Type  1  or  a  Type  2  seat  belt  assembly  that 
conforms  to  §  571.209. 

S4.3.2  Trucl(s  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  more  than  10,000  pounds 
manufactured  on  or  after  September  1, 1990.  Each 
truck  and  multipurpose  passenger  vehicle  with  a 
gross  vehicle  weight  rating  of  more  than  10,000 
pounds,  manufactured  on  or  after  September  1, 
1990,  shall  meet  the  requirements  of  S4.3.2.1  or 
S4.3.2.2.  A  protection  system  that  meets  the  re- 
quirements of  S4.3.2.1  may  be  installed  at  one  or 
more  designated  seating  positions  of  a  vehicle  that 
otherwise  meets  the  requirements  of  S4.3.2.2. 

54.3.2.1  First  option— complete  passenger  pro- 
tection system.  The  vehicle  shall  meet  the  crash 
protection  requirements  of  S5  by  means  that  re- 
quire no  action  by  vehicle  occupants. 

54.3.2.2  Second  option— belt  system.  [The 
vehicle  shall,  at  each  designated  seating  position, 
have  either  a  Type  1  or  a  Type  2  seat  belt  assembly 
that  conforms  to  §  571.209  of  this  Part  and  S7.2  of 
this  Standard.  A  Type  1  belt  assembly  or  the  pelvic 
portion  of  a  dual  retractor  Type  2  belt  assembly  in- 
stalled at  a  front  outboard  seating  position  shall  in- 
clude either  an  emergency  locking  retractor  or  an 
automatic  locking  retractor.  If  a  seat  belt  assembly 
installed  at  the  front  outboard  seating  position  in- 
cludes an  automatic  locking  retractor  for  the  lap 
belt  or  the  lap  belt  portion,  that  seat  belt  assembly 
shall  comply  with  the  following: 

(a)  An  automatic  locking  retractor  used  at  a 
front  outboard  seating  position  that  has  some  type 
of  suspension  system  for  the  seat  shall  be  attached 
to  the  seat  structure  that  moves  as  the  suspension 
system  functions. 

(b)  The  lap  belt  or  lap  belt  portion  of  a  seat  belt 
assembly  equipped  with  an  automatic  locking 
retractor  that  is  installed  at  a  front  outboard 
seating  position  must  allow  at  least  %  inch,  but  less 


than  three  inches,  of  webbing  movement  before 
retracting  webbing  to  the  next  locking  position. 

(c)  Compliance  with  S4.3. 2.2(b)  of  this  standard 
is  determined  as  follows: 

(1)  The  seat  belt  assembly  is  buckled  and  the 
retractor  end  of  the  seat  belt  assembly  is  anchored 
to  a  horizontal  surface.  The  webbing  for  the  lap 
belt  or  lap  belt  portion  of  the  seat  belt  assembly  is 
extended  to  75  percent  of  its  length  and  the  retrac- 
tor is  locked  after  the  initial  adjustment. 

(2)  A  load  of  20  pounds  is  applied  to  the  free 
end  of  the  lap  belt  or  the  lap  belt  portion  of  the  belt 
assembly  (i.e.,  the  end  that  is  not  anchored  to  the 
horizontal  surface)  in  the  direction  away  from  the 
retractor.  The  position  of  the  free  end  of  the  belt 
assembly  is  recorded. 

(3)  Within  a  30  second  period,  the  20  pound 
load  is  slowly  decreased,  until  the  retractor  moves 
to  the  next  locking  position.  The  position  of  the 
free  end  of  the  belt  assembly  is  recorded  again. 

(4)  The  difference  between  the  two  positions 
recorded  for  the  free  end  of  the  belt  assembly  shall 
be  at  least  %  inch  but  less  than  three  inches.  (55 
F.R.  18889— May  7,  1990.  Effective:  September  1, 
1990)1 

S4.4     Buses. 

54.4.1  Buses  manufactured  on  or  after  January  1 , 
1972  and  before  September  1,  1990.  Each  bus 
manufactured  on  or  after  January  1,  1972  and 
before  September  1,  1990,  shall  meet  the  re- 
quirements of  S4.4.1.1  or  S4.4.1.2. 

54.4.1.1  First  option— complete  passenger  pro- 
tection system— driver  only.  The  vehicle  shall 
meet  the  crash  protection  requirements  of  S5,  with 
respect  to  an  anthropomorphic  test  dummy  in  the 
driver's  designated  seating  position,  by  means  that 
require  no  action  by  vehicle  occupants. 

54.4.1.2  Second  option— belt  system— driver 
only.  The  vehicle  shall,  at  the  driver's  designated 
seating  position,  have  either  a  Type  1  or  a  Type  2 
seat  belt  assembly  that  conforms  to  §  571.209. 

54.4.2  Buses  manufactured  on  or  after  Septem- 
ber 1,  1990.  Each  bus  manufactured  on  or  after 
September  1,  1990,  shall  meet  the  requirements  of 
S4.4.2.1  or  S4.4.2.2. 

S4.4.2.1  First  option— complete  passenger  pro- 
tection system— driver  only.  The  vehicle  shall 
meet  the  crash  protection  requirements  of  S5,  with 
respect  to  an  anthropomorphic  test  dummy  in  the 
driver's  designated  seating  position,  by  means  that 
require  no  action  by  vehicle  occupants. 


(Rev.  5/7/90) 


PART  571;  S  208-10 


S4.4.2.2  Second  option— belt  system— driver 
only.  The  vehicle  shall,  at  the  driver's  designated 
seating  position,  have  either  a  Type  1  or  a  Type  2 
seat  belt  assembly  that  conforms  to  §  571.209  of 
this  Part  and  S7.2  of  this  Standard.  A  Type  1  belt 
assembly  or  the  pelvic  portion  of  a  dual  retractor 
Type  2  belt  assembly  installed  at  the  driver's 
seating  position  shall  include  either  an  emergency 
locking  retractor  or  an  automatic  locking  retrac- 
tor. If  a  seat  belt  assembly  installed  at  the  driver's 
seating  position  includes  an  automatic  locking 
retractor  for  the  lap  belt  or  the  lap  belt  portion, 
that  seat  belt  assembly  shall  comply  with  the 
following: 

(a)  An  automatic  locking  retractor  used  at  a 
driver's  seating  position  that  has  some  type  of 
suspension  system  for  the  seat  shall  be  attached  to 
the  seat  structure  that  moves  as  the  suspension 
system  functions. 

(b)  The  lap  belt  or  lap  belt  porition  of  a  seat  belt 
assembly  equipped  with  an  automatic  locking 
retractor  that  is  installed  at  the  driver's  seating 
position  must  allow  at  least  %  inch,  but  less  than 
three  inches,  of  webbing  movement  before  retract- 
ing webbing  to  the  next  locking  position. 

(c)  Compliance  with  S4. 4. 2. 2(b)  of  this  standard 
is  determined  as  follows: 

(1)  The  seat  belt  assembly  is  buckled  and  the 
retractor  end  of  the  seat  belt  assembly  is  anchored 
to  a  horizontal  surface.  The  webbing  for  the  lap 
belt  or  lap  belt  portion  of  the  seat  belt  assembly  is 
extended  to  75  percent  of  its  length  and  the  retrac- 
tor is  locked  after  the  initial  adjustment. 

(2)  A  load  of  20  pounds  is  applied  to  the  free 
end  of  the  lap  belt  or  the  lap  belt  portion  of  the  belt 
assembly  (i.e.,  the  end  that  is  not  an  anchored  to 
the  horizontal  surface)  in  the  direction  away  from 
the  retractor.  The  position  of  the  free  end  of  the 
belt  assembly  is  recorded. 

(3)  Within  a  30  second  period,  the  20  pound 
load  is  slowly  decreased,  until  the  retractor  moves 
to  the  next  locking  position.  The  position  of  the 
free  end  of  the  belt  assembly  is  recorded  again. 

(4)  The  difference  between  the  two  positions 
recorded  for  the  free  end  of  the  belt  assembly  shall 
be  at  least  %  inch  but  less  than  three  inches. 

S4.4.3  Buses  manufactured  on  or  after  Septem- 
ber 1,1991. 

S4.4.3.1  Each  bus  with  a  gross  vehicle  weight 
rating  of  more  than  10,000  pounds  shall  comply 
with  the  requirements  S4.4.2.1  or  S4.4.2.2. 


S4.4.3.2  [Except  as  provided  in  S4.4.3.2.2  and 
S4.4.3.2.3,  each  bus  with  a  gross  vehicle  weight 
rating  of  10,000  pounds  or  less,  except  a  school 
bus,  shall  be  equipped  with  an  integral  Type  2  seat 
belt  assembly  at  the  driver's  designated  seating 
position  and  at  the  front  and  every  rear  forward- 
facing  outboard  designated  seating  position,  and 
with  a  Type  1  or  Type  2  seat  belt  assembly  at  all 
other  designated  seating  positions.  Type  2  seat 
belt  assemblies  installed  in  compliance  with  this  re- 
quirement shall  comply  with  Standard  No.  209  (49 
CFR  571.209)  and  with  S7.1  and  S7.2  of  this  stand- 
ard. If  a  Type  2  seat  belt  assembly  installed  in  com- 
pliance with  this  requirement  incorporates  any 
webbing  tension-relieving  device,  the  vehicle 
owner's  manual  shall  include  the  information 
specified  in  S7.4.2(b)  of  this  standard  for  the 
tension-relieving  device,  and  the  vehicle  shall  com- 
ply with  S7.4.2(c)  of  this  standard.  (55  F.R. 
30914— July  30,  1990.  Effective:  January  28,  1991)1 

54.4.3.2.1  As  used  in  this  section,  a  "rear  out- 
board designated  position"  means  any  "outboard 
designated  seating  position"  (as  that  term  is  de- 
fined at  49  CFR  571.3)  that  is  rearward  of  the  front 
seats,  except  any  designated  seating  positions  ad- 
jacent to  a  walkway  located  between  the  seat  and 
the  side  of  the  vehicle,  which  walkway  is  designed 
to  allow  access  to  more  rearward  seating  positions. 

54.4.3.2.2  Any  rear  outboard  designated  seating 
position  with  a  seat  that  can  be  adjusted  to  be 
forward-facing  and  to  face  some  other  direction 
shall  either: 

(i)  meet  the  requirements  of  S4.4.3.2  vnth  the 
seat  in  any  position  in  which  it  can  be  occupied 
while  the  vehicle  is  in  motion;  or 

(ii)  when  the  seat  is  in  its  forward-facing  posi- 
tion, have  a  Type  2  seat  belt  assembly  with  an  up- 
per torso  restraint  that  conforms  to  S7.1  and  S7.2 
of  this  standard  and  that  adjusts  by  means  of  an 
emergency  locking  retractor  that  conforms  with 
Standard  No.  209  (49  CFR  571.209),  which  upper 
torso  restraint  may  be  detachable  at  the  buckle, 
and,  when  the  seat  is  in  any  positon  in  which  it  can 
be  occupied  while  the  vehicle  is  in  motion,  have  a 
Type  1  seat  belt  or  the  pelvic  portion  of  a  Type  2 
seat  belt  assembly  that  conforms  to  S7.1  and  S7.2 
of  this  standard. 

54.4.3.2.3  Any  rear  outboard  designated  seating 
position  on  a  readily  removable  seat  (that  is,  a  seat 
designed  to  be  easily  removed  and  replaced  by 
means  installed  by  the  manufacturer  for  that  pur- 
pose)  in   a   vehicle   manufactured   on   or   sifter 


(Rev.  7/30/90) 


PART  571;  S  208-11 


September  1,  1992  shall  meet  the  requirements  of 
S4.4.3.2,  and  may  use  an  upper  torso  belt  that 
detaches  at  either  its  upper  or  lower  anchorage 
point,  but  not  both  anchorage  points,  to  meet  those 
requirements.  [The  means  for  detaching  the  upper 
torso  belt  may  use  a  pushbutton  action.  (56  F.R. 
26039— June  6,  1991.  Effective:  July  8,  1991] 

S4.4.3.3  Each  school  bus  with  a  gross  vehicle 
weight  rating  of  10,000  pounds  or  less  shall  be 
equipped  with  an  integral  Type  2  seat  belt 
assembly  at  the  driver's  designated  seating  posi- 
tion and  at  the  right  front  passenger's  designated 
seating  position  (if  any),  and  with  a  Type  1  or  Type 
2  seat  belt  assembly  at  all  other  designated  seating 
positions.  Type  2  seat  belt  assemblies  installed  in 
compliance  with  this  requirement  shall  comply 
with  Standard  No.  209  (49  CFR  571.209)  and  with 
S7.1  and  S7.2  of  this  standard.  The  lap  belt  portion 
of  a  Type  2  seat  belt  assembly  installed  at  the 
driver's  designated  seating  position  and  at  the 
right  front  passenger's  designated  seating  position 
(if  any)  shall  include  either  an  emergency  locking 
retractor  or  an  automatic  locking  retractor,  which 
retractor  shall  not  retract  webbing  to  the  next 
locking  position  until  at  least  %  inch  of  webbing 
has  moved  into  the  retractor.  In  determining 
whether  an  automatic  locking  retractor  complies 
with  the  requirement,  the  webbing  is  extended  to 
75  percent  of  its  length  and  the  retractor  is  locked 
after  the  initial  adjustment.  If  a  Type  2  seat  belt 
assembly  installed  in  compliance  with  this  require- 
ment incorporates  any  webbing  tension-relieving 
device,  the  vehicle  owner's  manual  shall  include 
the  information  specified  in  S7.4.2(b)  of  this 
standard  for  the  tension-relieving  device,  and  the 
vehicle  shall  comply  with  S7.4.2(c)  of  this  standard. 

S4.4.4  Buses  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  manufactured  on  or  after  September  1, 
1994.  Each  bus  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994  shall  comply  with  the  requirements 
of  S4.2.5  and  S4.2.6  of  this  standard,  as  applicable, 
for  front  seating  positions,  and  with  the  re- 
quirements of  S4.4.3.2  or  S4.4.3.3  of  this  standard, 
as  applicable,  for  all  rear  seating  positions. 


S4.5    Other  general  requirements. 

S4.5.1     Labeling  and  driver's  manual  information. 

Each  vehicle  shall  have  a  label  setting  forth  the 
manufacturer's  recommended  schedule  for  the  main- 


tenance or  replacement,  necessary  to  retain  the  per- 
formance required  by  this  standard,  of  any  crash- 
deployed  occupant  protection  system.  The  schedule 
shall  be  specified  by  month  and  year,  or  in  terms  of 
vehicle  mileage,  or  by  intervals  measured  from  the 
date  appearing  on  the  vehicle  certification  label  pro- 
vided pursuant  to  49  CFR  Part  567.  The  label  shall  be 
permanently  affixed  to  the  vehicle  within  the 
passenger  compartment  and  lettered  in  English  in 
block  capitals  and  numerals  not  less  than  three 
thirty-seconds  of  an  inch  high.  Instructions  concern- 
ing maintenance  or  replacement  of  the  system  and  a 
description  of  the  functional  operation  of  the  system 
shall  be  provided  with  each  vehicle,  with  an  ap- 
propriate reference  on  the  label.  If  a  vehicle 
owner's  manual  is  provided,  this  information  shall 
be  included  in  the  manual. 

54.5.2  Readiness  indicator.  An  occupant  pro- 
tection system  that  deploys  in  the  event  of  a  crash 
shall  have  a  monitoring  system  with  a  readiness 
indicator.  The  indicator  shall  monitor  its  own 
readiness  and  shall  be  clearly  visible  from  the 
driver's  designated  seating  position.  A  list  of  the 
elements  of  the  system  being  monitored  by  the 
indicator  shall  be  included  with  the  information 
furnished  in  accordance  with  S4.5.1  but  need  not 
be  included  on  the  label. 

54.5.3  Automatic  belts.  Except  as  provided  in 
S4.5.3.1,  a  seat  belt  assembly  that  requires  no 
action  by  vehicle  occupants  (hereinafter  referred 
to  as  an  "automatic  belt")  may  be  used  to  meet  the 
crash  protection  requirements  of  any  option  under 
S4  and  in  place  of  any  seat  belt  assembly  otherwise 
required  by  that  option. 

54.5.3.1  An  automatic  belt  that  provides  only 
pelvic  restraint  may  not  be  used  pursuant  to  S4.5.3 
to  meet  the  requirements  of  an  option  that  requires 
a  Type  2  seat  belt  assembly. 

54.5.3.2  An  automatic  belt,  furnished  pursuant 
to  S4.5.3,  that  provides  both  pelvic  and  upper  torso 
restraint  may  have  either  a  detachable  or  nonde- 
tachable  upper  torso  portion,  notwithstanding  pro- 
visions of  the  option  under  which  it  is  furnished. 

54.5.3.3  An  automatic  belt  furnished  pursuant 
to  S4.5.3  shall: 

(a)  Conform  to  S7.1  and  have  a  single  emer- 
gency release  mechanism  whose  components  are 
readily  accessible  to  a  seated  occupant. 

(b)  In  place  of  a  warning  system  that  conforms 
to  S7.3  of  this  standard,  be  equipped  with  the 
following  warning  system:  At  the  left  front  desig- 
nated   seating    position    (driver's    position),    a 


6/6/91) 


PART  571;  S  208-12 


warning  system  that  activates  a  continuous  or 
intermittent  audible  signal  for  a  period  of  not  less 
than  4  seconds  and  not  more  than  8  seconds  and 
that  activates  a  continuous  or  flashing  warning 
light  visible  to  the  driver  for  not  less  than  60 
seconds  (beginning  when  the  vehicle  ignition 
switch  is  moved  to  the  "on"  or  the  "start"  posi- 
tion) when  condition  (A)  exists  simultaneously  with 
condition  (B),  and  that  activates  a  continuous  or 
flashing  warning  light,  visible  to  the  driver, 
displaying  the  identifying  symbol  for  the  seat  belt 
telltale  shown  in  Table  2  of  Standard  No.  101  or,  at 
the  option  of  the  manufacturer  if  permitted  by 
Standard  No.  101,  displaying  the  words  "Fasten 
Seat  Belts"  or  "Fasten  Belts",  for  as  long  as  con- 
dition (A)  exists  simultaneously  with  condition  (C). 

(A)  The  vehicle's  ignition  switch  is  moved  to  the 
"on"  position  or  to  the  "start"  position. 

(B)  The  driver's  automatic  belt  is  not  in  use,  as 
determined  by  the  belt  latch  mechanism  not  being 
fastened  or,  if  the  automatic  belt  is  non-detachable, 
by  the  emergency  release  mechanism  being  in  the 
released  position.  In  the  case  of  motorized  auto- 
matic belts,  the  determination  of  use  shall  be  made 
once  the  belt  webbing  is  in  its  locked  protective 
mode  at  the  anchorage  point. 

(C)  The  belt  webbing  of  a  motorized  automatic 
belt  system  is  not  in  its  locked,  protective  mode  at 
the  anchorage  point. 

S4.5.3.4  An  automatic  belt  furnished  pursuant 
to  S4.5.3  that  is  not  required  to  meet  the  perpen- 
dicular frontal  crash  protection  requirements  of 
S5.1  shall  conform  to  the  webbing,  attachment 
hardware,  and  assembly  performance  require- 
ments of  Standard  No.  209. 


S4.6     Dynamic  testing  of  manual  belt  systems. 

S4.6.1  Each  truck  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and 
an  unloaded  weight  of  less  than  5,500  pounds  that 
is  manufactured  on  or  after  September  1,  1991, 
and  is  equipped  with  a  Type  2  seat  belt  assembly  at 
a  front  outboard  designated  seating  position  pur- 
suant to  S4. 1.2.3  shall  meet  the  frontal  crash  pro- 
tection requirements  of  S5.1  at  those  designated 
seating  positions  with  a  test  dummy  restrained  by 
a  Type  2  seat  belt  assembly  that  has  been  adjusted 
in  accordance  with  S7.4.2.  A  vehicle  shall  not  be 
deemed  to  be  in  noncompliance  with  this  standard 
if  its  manufacturer  establishes  that  it  did  not  have 
reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 


[S4.6.2  Any  manual  seat  belt  assembly  subject 
to  the  requirements  of  S5.1  of  this  standard  by 
virtue  of  any  provision  of  this  standard  other  than 
S4. 1.2. 1(c)(2)  does  not  have  to  meet  the  re- 
quirements of  S4.2(a)-(f)  and  S4.4  of  Standard  No. 
209  (§571.209).  (56  F.R.  15295— April  16, 1991.  Effec- 
tive: April  16,  1991)1 

[S4.6.3  Any  manual  seat  belt  assembly  subject 
to  the  requirements  of  S5.1  of  this  standard  by 
virtue  of  S4. 1.2. 1(c)(2)  does  not  have  to  meet  the 
elongation  requirements  of  S4.2(c),  S4. 4(a)(2), 
S4.4(b)(4),  and  S4.4(b)(5)  of  Standard  No.  209 
(§571.209).  (56  F.R.  15295— April  16,  1991.  Effective: 
April  16,  1991)1 

S5.    Occupant  crash  protection  requirements. 

55.1  Vehicles  subject  to  S5.1  shall  comply  with 
either  S5.1(a)  or  S5.1(b),  or  any  combination  thereof, 
at  the  manufacturer's  option;  except  that  vehicles 
manufactured  before  September  1,  [19931  that  com- 
ply with  the  requirements  of  S4. 1.2.1(a)  by  means  not 
including  any  type  of  seat  belt  or  inflatable  restraint 
shall  comply  with  S5.1(a).  (56  F.R.  19306— April  26, 
1991.  Effective  April  26,  1991)1 

(a)  Impact  a  vehicle  traveling  longitudinally  for- 
ward at  any  speed,  up  to  and  including  30  mph,  in- 
to a  fixed  collision  barrier  that  is  perpendicular  to 
the  line  of  travel  of  the  vehicle,  or  at  any  angle  up 
to  30  degrees  in  either  direction  from  the  perpen- 
dicular to  the  line  of  travel  of  the  vehicle  under  the 
applicable  conditions  of  S8.  The  test  dummy 
specified  in  S8. 1.8.1  placed  at  each  front  outboard 
designated  seating  position  shall  meet  the  injury 
criteria  of  S6.1.1,  S6.1.2,  6.1.3,  and  6.1.4. 

(b)  Impact  a  vehicle  traveling  longitudinally  for- 
ward at  any  speed,  up  to  and  including  30  mph,  in- 
to a  fixed  collision  barrier  that  is  perpendicular  to 
line  of  travel  of  the  vehicle,  or  at  any  angle  up  to  80 
degrees  in  either  direction  from  the  perpendicular 
to  the  line  of  travel  of  the  vehicle,  under  the  ap- 
plicable conditions  of  S8.  The  test  dummy  specified 
in  88.1.8.2  placed  at  each  front  outboard  desig- 
nated seating  position  shall  meet  the  injury  criteria 
of  S6.2.1,  6.2.2,  6.2.3,  6.2.4,  and  6.2.5. 

55.2  Lateral  moving  barrier  crash. 

S5.2.1  Vehicles  subject  to  S5.2  shall  comply  with 
either  S5.2.1(a)  or  S5.2.1(b),  or  any  combination 
thereof,  at  the  manufacturer's  option;  except  that 
vehicles  manufactured  before  September  1,  [1993] 
that  comply  with  the  requirements  of  S4. 1.2. 1(c)  by 
means  not  including  any  type  of  seat  belt  or  in- 
flatable restraint  shall  comply  with  S5.2.1(a).  (56 
F.R.  19306— April  26,  1991.  Effective:  April  26,  1991)1 


PART  571;  S  208-13 


Attach  the  Inboard  Reach  String 
(igys"  long)  at  the  base  of 
the  head  on  centerline 


\ 


Attach  the  Outboard  Reach  String 
(29'  long)  at  this  point  on  the 
sheath 

A — Using  llexible  tape  measure  8' 
from  back  centerline  il'/i'  from 
front  centerline  to  find  anchor  point 
below  arm  pit  on  torso  sheath. 


Seal  Plane  is  90°  to  the  Torso  Line 


Figure  3a.     Location  of  Anchoring  Points  for  Latchplate  Reach  Limiting  Chains  or 
Strings  to  Test  for  Latchplate  Accessibility  Using  Subpart  B  Test  Device. 


I  head  on  centerline. 


A 


N 


\    50ih%-ile 
\   dummy, 
\  seated  m 
1  foremost 

I 

1  seat  adjust- 
I  inent  position 

"*"             /          Attach  the  Outboard  Reach  String 
/           (29"  long)  at  this  point  on  the 
/            torso  sheath 

'       / 

V       J 

\    A— Using  flexible  tape  measure  B 
\  from  bacl<  centerline  ll-Vi"  from 
front  centerline  to  find  anchor  point 
^''  "^  below  arm  pit  on  torso  sheath 
/                   \ 

V        J 

Seal  Plane  Is  90° 


Figure  3b.     Location  of  Anchoring  Points  for  Latchplate  Reach  Limiting  Chains 
or  Strings  to  Test  for  Latchplate  Accessibility  Using  Subpart  E  Test  Device. 


(R«v.  11/23/67) 


PART  571;  S  208-14 


S5.3  Rollover.  Subject  a  vehicle  to  a  rollover 
test  under  the  applicable  condition  of  S8  in  either 
lateral  direction  at  30  mph  with  either,  at  the 
manufacture's  option,  a  test  dummy  specified  in 
S8.1.8.1  or  S8.1.8.2,  placed  in  the  front  outboard 
designated  seating  position  on  the  vehicle's  lower 
side  as  mounted  on  the  test  platform  The  test 
dummy  shall  meet  the  injury  criteria  of  either 
S6.1.1  or  S6.2.1. 

S6     Injury  criteria. 

S6.1  Injury  criteria  for  the  Part  572,  Subpart  B, 
50th  percentile  Male  Dummy. 

56.1 .1  All  portions  of  the  test  dummy  shall  be 
contained  within  the  outer  surfaces  of  the  vehicle 
passenger  compartment  throughout  the  test. 

56.1.2  The  resultant  acceleration  at  the  center 
of  gravity  of  the  head  shall  be  such  that  the  expres- 
sion: 


/ 


adt 


2.5 


shall  not  exceed  1,000  where  a  is  the  resultant 
acceleration  expressed  as  a  multiple  of  g-  (the  accel- 
eration of  gravity),  and  tj  and  t,,  are  any  two  points 
in  time  during  the  crash  of  the  vehicle  which  are 
separated  by  not  more  than  a  36  millisecond  time 
interval. 

56.1.3  The  resultant  acceleration  at  the  center 
of  gravity  of  the  upper  thorax  shall  not  exceed  60 
g's,  except  for  intervals  whose  cumulative  duration 
is  not  more  than  3  milliseconds. 

56.1.4  The  compressive  force  transmitted 
axially  through  each  upper  leg  shall  not  exceed 
2,250  pounds. 

S6.2  Injury  Criteria  for  the  Part  572,  Subpart  E, 
hybrid  III  Dummy. 

S6.2.1  All  portions  of  the  test  dummy  shall  be 
contained  within  the  outer  surfaces  of  the  vehicle 
passenger  compartment  throughout  the  test. 

6.2.2  The  resultant  acceleration  at  the  center 
of  gravity  of  the  head  shall  be  such  that  the 
expression: 

t,  -1  2.5 

1 


t„  -  t, 


/ 


adt 


shall  not  exceed  1,000,  where  a  is  the  resultant 
acceleration  expressed  as  a  multiple  of  g  (the 
acceleration  of  gravity),  and  t,  and  t,  are  any  two 


points  in  time  during  the  crash  of  the  vehicle  which 
are  separated  by  not  more  than  a  36  millisecond 
time  interval. 

56.2.3  The  resultant  acceleration  calculated 
from  the  output  of  the  thoracic  instrumentation 
shown  in  drawing  78051-218,  revision  R  incor- 
porated by  reference  in  Part  572,  Subpart  E  of  this 
Chapter  shall  not  exceed  60  g's,  except  for  inter- 
vals whose  cumulative  duration  is  not  more  than 
3  milliseconds. 

56.2.4  Compression  deflection  of  the  sternum 
relative  to  the  spine,  as  determined  by  instrumen- 
tation shown  in  drawing  78051-317,  revision  A  in- 
corporated by  reference  in  Part  572,  Subpart  E  of 
this  Chapter,  shall  not  exceed  3  inches.  (53  F.R. 
8755— March  17,  1988.  Effective:  March  17,  1988) 

56.2.5  The  force  transmitted  axially  through 
each  upper  leg  shall  not  exceed  2,250  pounds. 

S7.     Seat  belt  assembly  requirements. 

S7.1     Adjustment. 

S7.1.1  Except  as  specified  in  S7. 1.1.1  and 
S7.1.1.2,  the  lap  belt  of  any  seat  belt  assembly  fur- 
nished in  accordance  with  S4.1.2  shall  adjust  by 
means  of  an  emergency-locking  or  automatic- 
locking  retractor  that  conforms  to  §  571.209  to  fit 
persons  whose  dimensions  range  from  those  of  a 

Clearance  Test  Block 


(NOTE:  corners  are  rounded 
off  to  reduce  snagging.) 


Typical  arm  rest 


Figure  4.  Use  of  Clearance  Test  Block  to 
Determine  Hand/Arm  Access 


(Rev.  3/17/88) 


PART  571;  S  208-15 


50th-percentile  6-year-old  child  to  those  of  a  95th- 
percentile  adult  male  and  the  upper  torso  restraint 
shall  adjust  by  means  of  an  emergency-locking 
retractor  or  a  manual  adjusting  device  that  con- 
forms to  §  571.209  to  fit  persons  whose  dimensions 
range  from  those  of  a  5th-percentile  adult  female 
to  those  of  a  95th-percentile  adult  male,  with  the 
seat  in  any  position,  the  seat  back  in  the  manufac- 
turer's nominal  design  riding  position,  and  any 
adjustable  anchorages  adjusted  to  the  manu- 
facturer's norminal  design  position  for  a  50th 
percentile  adult  male  occupant.  However,  an  upper 
torso  restraint  furnished  in  accordance  with 
S4. 1.2.3. 1(a)  shall  adjust  by  means  of  an 
emergency-locking  retractor  that  conforms  to 
§  571.209.  The  provisions  for  vehicles  with  adjustable  an- 
chorages will  apply  to  vehicles  manufactured  on  or  after 
September  1,  1989,  and  the  provisions  for  vehicles  with  tension- 
relieving  devices  at  seating  positions  also  equipped  with  air  bags 
will  apply  to  vehicles  manufactured  on  or  after  September  1, 
1990. 

S7.1.1.1  A  seat  belt  assembly  installed  at  the 
driver's  seating  position  shall  adjust  to  fit  persons 
whose  dimensions  range  from  those  of  a  5th- 
percentile  adult  female  to  those  of  a  95th-per- 
centile  adult  male. 

S7.1.1.2.  (a)  A  seat  belt  assembly  installed  in  a 
motor  vehicle  other  than  a  forward  control  vehicle 
at  any  designated  seating  position  other  than  the 
outboard  positions  of  the  front  and  second  seats 
shall  adjust  either  by  a  retractor  as  specified  in 
S7.1.1  or  by  a  manual  adjusting  device  that  con- 
forms to  Standard  No.  209. 

(b)  A  seat  belt  assembly  installed  in  a  forward 
control  vehicle  at  any  designated  seating  position 
other  than  the  front  outboard  seating  positions 
shall  adjust  either  by  a  retractor  as  specified  in 
S7.1.1  or  by  a  manual  adjusting  device  that  con- 
forms to  Standard  No.  209. 


57.1.1.3  [A  Type  1  lap  belt  or  the  lap  belt  por- 
tion of  any  Type  2  seat  belt  assembly  installed  at 
any  forward-facing  outboard  designated  seating 
position  of  a  vehicle  with  a  gross  vehicle  weight 
rating  of  10,000  pounds  or  less  to  comply  with  a  re- 
quirement of  this  standard,  except  walk-in  van- 
type  vehicles  and  school  buses,  shall  meet  the 
requirements  of  S7.1  by  means  of  an  emergency 
locking  retractor  that  conforms  to  Standard 
No.  209  (49  CFR  571.209).  (55  F.R.  30914— July  30, 
1990.  Effective  September  1,  1991)1 

(b)  The  requirements  of  S7. 1.1. 3(a)  do  not  apply 
to  the  lap  belt  portion  of  any  Type  2  belt  installed 
in  a  passenger  car  manufactured  before  September 
1,  1989,  or  to  walk-in  van-type  vehicles. 

57.1.1.4  Notwithstanding  the  other  provisions 
of  S7.1-S7.1.1.3,  emergency-locking  retractors  on 
belt  assemblies  located  in  positions  other  than 
front  outboard  designated  seating  positions  may 
be  equipped  with  a  manual  webbing  adjustment 
device  capable  of  causing  the  retractor  that  adjusts 
the  lap  belt  to  lock  when  the  belt  is  buckled. 

57.1.1.5  Removed  and  Reserved. 
(55  F.R.  30914-July  30.  1990.) 

57.1.2  The  intersection  of  the  upper  torso  belt 
with  the  lap  belt  in  any  Type  2  seat  belt  assembly 
furnished  in  accordance  with  S4.1.1  or  S4.1.2,  with 
the  upper  torso  manual  adjusting  device,  if  pro- 
vided, adjusted  in  accordance  with  the  manufac- 
turer's instructions,  shall  be  at  least  6  inches  from 
the  front  vertical  centerline  of  a  50th-percentile 
adult  male  occupant,  measured  along  the  center- 
line  of  the  lap  belt,  with  the  seat  in  its  rearmost 
and  lowest  adjustable  position  and  with  the  seat 
back  in  the  manufacturer's  nominal  design  riding 
position. 

57.1.3  The  weights  and  dimensions  of  the 
vehicle  occupants  specified  in  this  standard  are  as 
follows: 


50th-percentile 
6-year-old  child 

5th-percentile 
adult  female 

50th-percentile 
adult  male 

95th-percentile 
adult  male 

Weight 

..     164  pounds  __. 
35.7  inches 

...±.3.. 
±•1 

.    215  pounds 

Erect  sitting  height 

25.4  inches 

30.9  inches 

38  inches 

Hip  breadth  (sitting) 

8.4  inches 

____  12.8  inches 

__     14.7  inches  _.. 

..±.-.7._ 

23.9  inches 

36.4  inches 

42  inches 

47.2  inches 

Waist  circumference  (sitting) 

20.8  inches 

23.6  inches 

__     32  inches  ____. 
9.3  inches ... 

37.4  inches  ... 

..±_-_6.. 
..±■.2.. 

±.6 

42.5  inches 

Chest  depth 

7.5  inches    _ 

10.5  inches 

Chest  circumference: 
(nipple) 

30.5  inches 

(upper) 

29.8 inches. 

44.5  inches 

(lower) 

26.6  inches 

(Rev.  7/30/90) 

PART 

571;  S  208-16 

57.2  Latch  mechanism.  A  seat  belt  assembly 
installed  in  any  vehicle,  except  an  automatic  belt 
assembly,  shall  have  a  latch  mechanism: 

(a)  Whose  components  are  accessible  to  a  seated 
occupant  in  both  the  stowed  and  operational 
positions; 

(b)  That  releases  both  the  upper  torso  restraint 
and  the  lap  belt  simultaneously,  if  the  assembly  has 
a  lap  belt  and  an  upper  torso  restraint  that  require 
unlatching  for  release  of  the  occupant;  and 

(c)  That  releases  at  a  single  point  by  a  push- 
button action. 

57.3  |A  seat  belt  assembly  provided  at  the 
driver's  seating  position  shall  be  equipped  with  a 
warning  system  that,  at  the  option  of  the  manufac- 
turer, either 

(a)  activates  a  continuous  or  intermittent  audi- 
ble signal  for  a  period  of  not  less  than  4  seconds 
and  not  more  than  8  seconds  and  that  activates  a 
continuous  or  flashing  warning  light  visible  to  the 
driver  displaying  the  identifying  symbol  for  the 
seat  belt  telltale  shown  in  Table  2  of  FMVSS  101, 
or,  at  the  option  of  the  manufacturer  if  permitted 
by  FMVSS  101,  displaying  the  words  "Fasten  Seat 
Belts"  or  "Fasten  Belts,"  for  not  less  that  60 
seconds  (beginning  when  the  vehicle  ignition 
switch  is  moved  to  the  "on"  or  the  "start"  posi- 
tion) when  condition  (a)  exists  simultaneously  with 
condition  (b),  or  that 

(b)  activates,  for  a  period  of  not  less  than  4 
seconds  and  not  more  than  8  seconds  (beginning 
when  the  vehicle  ignition  switch  is  moved  to  the 
"on"  or  the  "start"  position),  a  continuous  or 
flashing  warning  light  visible  to  the  driver,  display- 
ing the  identifying  symbol  for  the  seat  belt  telltale 
shown  in  Table  2  of  FMVSS  No.  101,  or,  at  the  op- 
tion of  the  manufacturer  if  permitted  by  FMVSS 
101,  displaying  the  words  "Fasten  Seat  Belts"  or 
"Fasten  Belts"  when  condition  (a)  exists,  and  a 
continuous  or  intermittent  audible  signal  when 
condition  (a)  exists  simultaneously  with  condition 
(b).  (56  F.R.  3222-January  29,  1991.  Effective: 
January  29,  1991)] 

(1)  The  vehicle's  ignition  switch  is  moved  to 
the  "on"  position  or  to  the  "start"  position. 

(2)  The  driver's  lap  belt  is  not  in  use,  as  deter- 
mined at  the  option  of  the  manufacturer,  either  by 
the  belt  latch  mechanism  not  being  fastened,  or  by 
the  belt  not  being  extended  at  least  4  inches  from 
its  stowed  position. 

57.3.1  Deleted 

57.3.2  Deleted 

57.3.3  Deleted 

57.3.4  Deleted 


S7.3.5 
S7.3.5.1 


Deleted 
Deleted 


57.3.5.2  Deleted 

57.3.5.3  Deleted 

57.3.5.4  Deleted 


S7.3a 


Deleted 


S7.4    Seat  belt  comfort  and  convenience. 

(a)  Automatic  seat  belts.  Automatic  seat  belts  in- 
stalled in  any  vehicle,  other  than  walk-in  van-type 
vehicles,  which  has  a  gross  vehicle  weight  rating  of 
10,000  pounds  or  less,  and  which  is  manufactured 
on  or  after  September  1,  1986,  shall  meet  the 
requirements  of  S7.4.1,  S7.4.2,  and  S7.4.3. 

(b)  Manual  seat  belts. 

(1)  Vehicles  manufactured  after  September  1, 
1986.  Manual  seat  belts  installed  in  any  vehicle, 
other  than  manual  Type  2  belt  systems  installed  in 
the  front  outboard  seating  positions  in  passenger 
cars  or  manual  belts  in  walk-in  van-type  vehicles, 
which  have  a  gross  vehicle  weight  rating  of  10,000 
pounds  or  less,  shall  meet  the  requirements  of 
S7.4.3,  S7.4.4,  S7.4.5,  and  S7.4.6. 

(2)  Vehicles  manufactured  after  September  1, 
1989. 

(i)  If  the  automatic  restraint  requirement  of 
S4.1.4  is  rescinded  pursuant  to  S4.1.5,  than 
manual  seat  belts  installed  in  a  passenger  car  shall 
meet  the  requirements  of  S7. 1.1. 3(a),  S7.4.2, 
S7.4.3,  S7.4.4,  S7.4.5,  and  S7.4.6. 

(ii)  Manual  seat  belts  installed  in  a  bus, 
multipurpose  passenger  vehicle  and  truck  with  a 
gross  vehicle  weight  rating  of  10,000  pounds  or 
less,  except  for  walk-in  van-type  vehicles,  shall 
meet  the  requirements  of  S7.4.3,  S7.4.4,  S7.4.5, 
and  S7.4.6. 

57.4.1  Convenience  hooks.  Any  manual  con- 
venience hook  or  other  device  that  is  provided  to 
stow  seat  belt  webbing  to  facilitate  entering  or 
exiting  the  vehicle  shall  automatically  release  the 
webbing  when  the  automatic  belt  system  is  other- 
wise operational  and  shall  remain  in  the  released 
mode  for  as  long  as  (a)  exists  simultaneously  with 
(b),  or,  at  the  manufacturer's  option,  for  as  long  as 
(a)  exists  simultaneously  with  (c)— 

(a)  The  vehicle  ignition  switch  is  moved  to  the 
"on"  or  "start"  position; 

(b)  The  vehicle's  drive  train  is  engaged; 

(c)  The  vehicle's  parking  brake  is  in  the  released 
mode  (nonengaged). 

57.4.2  Webbing  tension-relieving  device.  [Each 
vehicle  with  an  automatic  seat  belt  assembly  or 
with  a  Type  2  manual  seat  belt  assembly  that  must 


PART  571;  S  208-17 


meet  the  occupant  crash  protection  requirements 
of  S5.1  of  this  standard  installed  at  a  front  out- 
board designated  seating  position,  and  each  vehicle 
with  a  Type  2  manual  seat  belt  assembly  installed 
at  a  rear  outboard  designated  seating  position  in 
compliance  with  a  requirement  of  this  standard, 
the  has  either  automatic  or  manual  tension- 
relieving  devices  permitting  the  introduction  of 
slack  in  the  webbing  of  the  shoulder  belt  (e.g., 
"comfort  clips"  or  "window-shade"  devices), 
shall:  54  F.R.  46257— November  2,  1989.  Effective: 
May  1,  1990.)! 

(a)  comply  with  the  requirements  of  S5.1  with 
the  shoulder  belt  webbing  adjusted  to  introduce  the 
maximum  amount  of  slack  recommended  by  the 
vehicle  manufacturer  pursuant  to  S7.4.2(b); 

(b)  have  a  section  in  the  vehicle  owner's  manual 
that  explains  how  the  tension-relieving  device 
works  and  specifies  the  maximum  amount  of  slack 
(in  inches)  recommended  by  the  vehicle  manufac- 
turer to  be  introduced  into  the  shoulder  belt  under 
normal  use  conditions.  The  explanation  shall  also 
warn  that  introducing  slack  beyond  the  amount 
specified  by  the  manufacturer  could  significantly 
reduce  the  effectiveness  of  the  shoulder  belt  in  a 
crash;  and 

(c)  [have,  except  for  open-body  vehicles  with  no 
doors,  an  automatic  means  to  cancel  any  shoulder 
belt  slack  introduced  into  the  belt  system  by  a 
tension-relieving  device.  In  the  case  of  an 
automatic  safety  belt  system,  cancellation  of  the 
tension  relieving  device  shall  occur  each  time  the 
adjacent  vehicle  door  is  opened.  In  the  case  of  a 
manual  seat  belt  required  to  meet  S5.1,  cancella- 
tion of  the  tension-relieving  device  shall  occur,  at 
the  manufacturer's  option,  either  each  time  the  ad- 
jacent door  is  opened  or  each  time  the  latchplate  is 
released  from  the  buckle.  In  the  case  of  Type  2 
manual  seat  belt  assembly  installed  at  a  rear  out- 
board designated  seating  position,  cancellation  of 
the  tension-relieving  device  shall  occur,  at  the 
manufacturer's  option  either  each  time  the  door 
designed  to  allow  the  occupant  of  that  seating  posi- 
tion entry  and  egress  of  the  vehicle  is  opened  or 
each  time  the  latchplate  is  released  from  the 
buckle.  In  the  case  of  open-body  vehicles  with  no 
doors,  cancellation  of  the  tension-relieving  device 
may  be  done  by  a  manul  means.  (54  F.R.  46257— 
November  2,  1989.  Effective:  May  1,  1990)] 

S7.4.3  Belt  contact  force.  Except  for  manual 
or  automatic  seat  belt  assemblies  that  incorporate 
a  webbing  tension-relieving  device,  the  upper  torso 
webbing  of  any  seat  belt  assembly,  shall  not  exert 
more   than   0.7   pounds   of  contact   force   when 


measured  normal  to  and  one  inch  from  the  chest  of 
an  anthropomorphic  test  dummy,  positioned  in 
accordance  with  S 10  or  SI  1  of  this  standard  in  the 
seating  position  for  which  that  seat  belt  assembly 
is  provided,  at  the  point  where  the  centerline  of  the 
torso  belt  crosses  the  midsagittal  line  on  the 
dummy's  chest. 

57.4.4  Latchplate  access.  Any  seat  belt 
assembly  latchplate  that  is  located  outboard  of  a 
front  outboard  seating  position  in  accordance  with 
S4.1.2,  shall  also  be  located  within  the  outboard 
reach  envelope  of  either  the  outboard  arm  or  the 
inboard  arm  decribed  in  S10.6  of  this  standard  and, 
in  the  case  of  a  Part  572  Subpart  B  test  dummy. 
Figure  3A  of  this  standard,  or,  in  the  case  of  a  Part 
572  Subpart  E  test  dummy.  Figure  3B  of  this  stand- 
ard, when  the  latchplate  is  in  its  normal  stowed 
position  and  any  adjustable  anchorages  are  ad- 
justed to  the  manufacturer's  nominal  design  posi- 
tion for  a  50th  percentile  male  occupant.  There 
shall  be  sufficient  clearance  between  the  vehicle 
seat  and  the  side  of  the  vehicle  interior  to  allow  the 
test  block  defined  in  Figure  4  unhindered  transit  to 

the  latchplate  or  buckle.   The  provisions  for  vehicles  with  M 

adjustable  anchorages  will  apply  to  vehicles  manufactured  on  or  ^, 

after  September  1,  1989,  and  the  provisions  for  vehicles  with 
tension-relieving  devices  at  seating  positions  also  equipped  with 
air  bags  will  apply  to  vehicles  manufactured  on  or  after 
September  1,  1990.) 

Note:  Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  must  comply  with  the  dynamic  testing  re- 
quirements of  Si.  6  of  Standard  No.  208  beginning 
on  September  1,  1991) 

75.4.5  Retraction.When  tested  under  the  condi- 
tions of  S8.1.2  and  S8.1.3,  with  anthropomorphic 
test  dummies  whose  arms  have  been  removed  and 
which  are  positoned  in  accordance  with  either  SIO 
or  Sll,  or  any  combination  thereof,  in  the  front 
outboard  designated  seating  positions  and 
restrained  by  the  belt  systems  for  those  positions, 
the  torso  and  lap  belt  webbing  of  any  of  those  seat 
belt  systems  shall  automatically  retract  to  a 
stowed  position  either  when  the  adjacent  vehicle 
door  is  in  the  open  position  and  the  seat  belt 
latchplate  is  released,  or,  at  the  option  of  the 
manufacturer,  when  the  latchplate  is  released. 

57.4.6  Seat  belt  guides  and  hardware.  ^ 

S7.4.6.1  (a)  Any  manual  seat  belt  assembly 
whose  webbing  is  designed  to  pass  through  the 


I/2/B9) 


PART  571;  S  208-18 


seat  cushion  or  between  the  seat  cushion  and  seat 
back  shall  be  designed  to  maintain  one  of  the  follow- 
ing three  seat  belt  parts  (the  seat  belt  latchplate,  the 
buckle,  or  the  seat  belt  webbing)  on  top  of  or  above 
the  seat  cushion  under  normal  conditions  (i.e.,  con- 
ditions other  than  when  belt  hardware  is  inten- 
tionally pushed  behind  the  seat  by  a  vehicle  occu- 
pant). In  addition,  the  remaining  two  seat  belt  parts 
must  be  accessible  under  normal  conditions. 

(b)  The  requirements  of  S7.4. 6.1(a)  do  not  apply 
to:  (1)  seats  whose  seat  cushions  are  movable  so  that 
the  seat  back  serves  a  function  other  than  seating, 
(2)  seats  which  are  removable,  or  (3)  seats  which  are 
movable  so  that  the  space  formerly  occupied  by  the 
seat  can  be  used  for  a  secondary  function. 

S7.4.6.2  The  buckle  and  latchplate  of  a  manual 
seat  belt  assembly  subject  to  S7.4.6.1  shall  not  pass 
through  the  guides  or  conduits  provided  for  in 
S7.4.6.1  and  fall  behind  the  seat  when  the  events 
listed  below  occur  in  the  order  specified:  (a)  the  belt 
is  completely  retracted  or,  if  the  belt  is  nonretrac- 
table,  the  belt  is  unlatched;  (b)  the  seat  is  moved  to 
any  position  to  which  it  is  designed  to  be  adjusted; 
and  (c)  the  seat  back,  if  foldable,  is  folded  forward 
as  far  as  possible  and  then  moved  backward  into 
position.  The  inboard  receptacle  end  of  a  seat  belt 
assembly  installed  at  a  front  outboard  designated 
seating  position  shall  be  accessible  with  the  center 
arm  rest  in  any  position  to  which  it  can  be  adjusted 
(without  having  to  move  the  armrest). 

S8.    Test  conditions. 

S8.1  General  conditions.  The  following  condi- 
tions apply  to  the  frontal,  lateral,  and  rollover  tests. 

S8.1.1  Except  as  provided  in  paragraph  (c)  of 
this  section,  the  vehicle,  including  test  devices  and 
instrumentation,  is  loaded  as  follows: 

(a)  Passenger  cars.  A  passenger  car  is  loaded  to 
its  unloaded  vehicle  weight  plus  its  rated  cargo  and 
luggage  capacity  weight,  secured  in  the  luggage 
area,  plus  the  weight  of  the  necessary  anthropo- 
morphic test  devices. 

(b)  MvUipurpose  passenger  vehicles,  trucks,  and 
buses.  A  multipurpose  passenger  vehicle,  truck,  or  bus 
is  loaded  to  its  unloaded  vehicle  weight  plus  300 
pounds  or  its  rated  cargo  and  luggage  capacity 
weight,  whichever  is  less,  secured  in  the  load  carrying 
area  and  distributed  as  nearly  as  possible  in  proportion 
to  its  gross  axle  weight  ratings,  plus  the  weight  of  the 
necessary  anthropomorphic  test  devices.  [For  the  pur- 
poses of  this  section,  unloaded  vehicle  weight  does  not 
include  the  weight  of  work-performing  accessories. 
Vehicles  are  tested  to  a  maximum  unloaded  vehicle 
weight  of  5,500  pounds.  (56  F.R.  12472— March  26, 1991. 
Effective:  September  23,  1991)1 


(c)  Fwl  system  capacity.  With  the  test  vehicle 
on  a  level  surface,  pump  the  fuel  from  the  vehicle's 
fuel  tank  and  then  operate  the  engine  until  it  stops. 
Then,  add  Stoddard  solvent  to  the  test  vehicle's 
fuel  tank  in  an  amount  which  is  equal  to  not  less 
than  92  and  not  more  than  94  percent  of  the  fuel 
tank's  usable  capacity  stated  by  the  vehicle's 
manufacturer.  In  addition,  add  the  amount  of 
Stoddard  solvent  needed  to  fill  the  entire  fuel 
system  from  the  fuel  tank  through  the  engine's 
induction  system. 

(d)  Vehicle  test  attitude.  Determine  the  distance 
between  a  level  surface  and  a  standard  reference 
point  on  the  test  vehicle's  body,  directly  above  each 
wheel  opening,  when  the  vehicle  is  in  its  "as 
delivered"  condition.  The  "as  delivered"  condition 
is  the  vehicle  as  received  at  the  test  site,  with  100 
percent  of  all  fluid  capacities  and  all  tires  inflated 
to  the  manufacturer's  specifications  as  listed  on 
the  vehicle's  tire  placard.  Determine  the  distance 
between  the  same  level  surface  and  the  same 
standard  reference  points  in  the  vehicle's  "fully 
loaded  condition."  The  "fully  loaded  condition"  is 
the  test  vehicle  loaded  in  accordance  with 
S8.1.1.(a)  or  (b),  as  applicable.  The  load  placed  in 
the  cargo  area  shall  be  centered  over  the  longi- 
tudinal centerline  of  the  vehicle.  The  pretest  vehi- 
cle attitude  shall  be  equal  to  either  the  "as 
delivered"  or  "fully  loaded"  attitude  or  between 
the  "as  delivered"  attitude  and  the  "fully  loaded" 
attitude. 

58.1.2  Adjustable  seats  are  in  the  adjustment 
position  midway  between  the  forwardmost  and 
rearmost  positions,  and  if  separately  adjustable  in 
a  vertical  direction,  are  at  the  lowest  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. 

58.1 .3  IPlace  adjustable  seat  backs  in  the  manu- 
facturer's nominal  design  riding  position  in  the 
manner  specified  by  the  manufacturer.  Place  any 
adjustable  anchorages  at  the  manufacturer's 
nominal  design  position  for  a  50th  percentile  adult 
male  occupant.  Place  each  adjustable  head 
restraint  in  its  highest  adjustment  position.  Ad- 
justable lumbar  supports  are  positioned  so  that  the 
lumbar  support  is  in  its  lowest  adjustment  position. 
(54  F.R.  29045— July  11, 1989.  Effective:  September  1, 
1989.  The  provisions  for  vehicles  with  adjustable  anchorages 
mil  apply  to  vehicles  manufactured  on  or  after  September  1, 
1989,  and  the  provisions  for  vehicles  with  tension-relieving 
devices  at  seating  positions  also  equipped  with  air  bags  will  ap- 
ply to  vehicles  manufactured  on  or  after  September  1,  i990.)l 


PART  571;  S  208-19 


58.1.4  Adjustable  steering  controls  are  adjusted 
so  that  the  steering  wheel  hub  is  at  the  geometric 
center  of  the  locus  it  describes  when  it  is  moved 
through  its  full  range  of  driving  positions. 

58.1.5  Movable  vehicle  windows  and  vents  are 
at  the  manufacturer's  option,  placed  in  the  fully 
closed  position. 

58.1.6  Convertibles  and  open-body  type 
vehicles  have  the  top,  if  any,  in  place  in  the  closed 
passenger  compartment  configuration. 

58.1.7  Doors  are  fully  closed  and  latched  but 
not  locked. 

58.1.8  Anthropomorphic  test  dummies 

58.1.8.1  The  anthropomorphic  test  dummies 
used  for  evaluation  of  occupant  protection  systems 
manufactured  pursuant  to  applicable  portions  of 
paragraphs  S4.1.2,  S4.1.3,  and  S4.1.4  shall  con- 
form to  the  requirements  of  Subpart  B  of  Part  572 
of  this  Chapter. 

58.1.8.2  Anthropomorphic  test  devices  used  for 
the  evaluation  of  occupant  protection  systems 
manufactured  pursuant  to  applicable  portions  of 
paragraphs  S4.1.2,  S4.1.3,  and  S4.1.4  shall  con- 
form to  the  requirements  of  Subpart  E  of  Part  572 
of  this  Chapter. 

58.1.9.1  Each  Part  572,  Subpart  B  test  dummy 
specified  in  S8. 1.8.1  is  clothed  in  formfitting  cotton 
stretch  garments  with  short  sleeves  and  midcalf 
length  pants.  Each  foot  of  the  test  dummy  is 
equipped  with  a  size  llEE  shoe  which  meets  the 
configuration  size,  sole,  and  heel  thickness 
specifications  of  MIL  S-131192  and  weighs  1.25  ± 
0.2  pounds. 

58.1.9.2  Each  Part  572,  Subpart  E  test  dummy 
specified  in  S8.1.8.2  is  clothed  in  formfitting  cotton 
stretch  garments  with  short  sleeves  and  midcalf 
length  pants  specified  in  drawings  78051-292  and 
-293  incorporated  by  reference  in  Part  572,  Sub- 
part E  of  this  Chapter,  respectively  or  their 
equivalents.  A  size  llEE  shoe  specified  in  draw- 
ings 78051-294  (left)  and  78051-295  (right)  or  their 
equivalents  is  placed  on  each  foot  of  the  test 
dummy. 

58.1.10  Limb  joints  are  set  at  Ig,  barely 
restraining  the  weight  of  the  Hmb  when  extended 
horizontally.  Leg  joints  are  adjusted  with  the  torso 
in  the  supine  position. 

58.1.11  Instrumentation  does  not  affect  the 
motion  of  dummies  during  impact  or  rollover. 


S8.1.12    Temperature  of  the  test  dummy. 

58.1.12.1  IThe  stabilized  temperature  of  the 
test  dummy  specified  by  S8. 1.8.1  is  at  any  level 
between  66  degrees  F  and  78  degrees  F. 

58.1 .1 2.2  The  stabilized  temperature  of  the  test 
dummy  specified  by  S8. 1.8.2  is  at  any  level  bet- 
ween 69  degrees  F  and  72  degrees  F.  (51  F.R. 
26688— July  25.  1986.  Effective:  October  23,19861 

S8.2     Lateral  moving  barrier  crash  test  conditions. 

The   following   conditions   apply   to    the   lateral 
moving  barrier  crash  test: 

58.2.1  The  moving  barrier,  including  the  impact 
surface,  supporting  structure,  and  carriage, 
weighs  4,000  pounds. 

58.2.2  The  impact  surface  of  the  barrier  is  a 
vertical,  rigid,  flat  rectangle,  78  inches  wide  and  60 
inches  high,  perpendicular  to  its  direction  of  move- 
ment, with  its  lower  edge  horizontal  and  5  inches 
above  the  ground  surface. 

58.2.3  During  the  entire  impact  sequence  the 
barrier    undergoes    no    significant    amount    of         m 
dynamic  or  static  deformation,  and  absorbs  no         %- 
significant  portion  of  the  energy  resulting  from  the 
impact,  except  for  energy  that  results  in   transla- 

tional  rebound  movement  of  the  barrier. 

58.2.4  During  the  entire  impact  sequence  the 
barrier  is  guided  so  that  it  travels  in  a  straight  line, 
with  no  significant  lateral,  vertical  or  rotational 
movement. 

58.2.5  The  concrete  surface  upon  which  the 
vehicle  is  tested  is  level,  rigid  and  of  uniform  con- 
struction, with  a  skid  number  of  75  when  measured 
in  accordance  with  American  Society  for  Testing 
and  Materials  Method  E-274-65T  at  40  mph,  omit- 
ting water  delivery  as  specified  in  paragraph  7.1  of 
that  method. 

58.2.6  The  tested  vehicle's  brakes  are  disen- 
and  the  transmission  is  in  neutral. 


S8.2.7  The  barrier  and  the  test  vehicle  are  posi- 
tioned so  that  at  impact— 

(a)  The  vehicle  is  at  rest  in  its  normal  attitude; 

(b)  The  barrier  is  traveling  in  a  direction  perpen- 
dicular to  the  longitudinal  axis  of  the  vehicle  at  20 
mph;  and  / 

(c)  A    vertical    plane    through    the    geometric         \ 
center  of  the  barrier  impact  surface  and  perpen- 
dicular to  that  surface  passes  through  the  driver's 
seating  reference  point  in  the  tested  vehicle. 


(Rev.  7/25/86) 


PART  571;  S  208-20 


S8.3     Rollover    test    condition.    The    following 
conditions  apply  to  the  rollover  test: 

S8.3.1    The  tested  vehicle's  brakes  are  disen- 
and  the  transmission  is  in  neutral. 


58.3.2  The  concrete  surface  on  which  the  test  is 
conducted  is  level,  rigid,  of  uniform  construction, 
and  of  a  sufficient  size  that  the  vehicle  remains  on 
it  throughout  the  entire  rollover  cycle.  It  has  a  skid 
number  of  75  when  measured  in  accordance  with 
American  Society  for  Testing  and  Materials 
Method  E-274-65T  at  40  mph  omitting  water 
delivery  as  specified  in  paragraph  7.1  of  that 
method. 

58.3.3  The  vehicle  is  placed  on  a  device,  similar 
to  that  illustrated  in  Figure  1,  having  a  platform  in 
the  form  of  a  flat,  rigid  plane  at  an  angle  of  23° 
from  the  horizontal.  At  the  lower  edge  of  the  plat- 
form is  an  unyielding  flange,  perpendicular  to  the 
platform  with  a  height  of  4  inches  and  a  length  suf- 
ficient to  hold  in  place  the  tires  that  rest  against  it. 
The  intersection  of  the  inner  face  of  the  flange 
with  the  upper  face  of  the  platform  is  9  inches 
above  the  rollover  surface.  No  other  restraints  are 
used  to  hold  the  vehicle  in  position  during  the 
deceleration  of  the  platform  and  the  departure  of 
the  vehicle. 

58.3.4  With  the  vehicle  on  the  test  platform,  the 
test  devices  remain  as  nearly  as  possible  in  the 
posture  specified  in  S8.1. 

58.3.5  Before  the  deceleration  pulse,  the  plat- 
form is  moving  horizontally,  and  perpendicularly 
to  the  longitudinal  axis  of  the  vehicle,  at  a  constant 
speed  of  30  mph  for  a  sufficient  period  of  time  for 
the  vehicle  to  become  motionless  relative  to  the 
platform. 

58.3.6  The  platform  is  decelerated  from  30  to  0 
mph  in  a  distance  of  not  more  than  3  feet,  without 
change  of  direction  and  without  transverse  or  rota- 
tional movement  during  the  deceleration  of  the 
platform  and  the  departure  of  the  vehicle.  The 
deceleration  rate  is  at  least  20g  for  a  minimum  of 
0.04  seconds. 

S9.    Pressure  vessels  and  explosive  devices. 

S9.1  Pressure  vessels.  A  pressure  vessel  that 
is  continuously  pressurized  shall  conform  to  the 
requirements  of  49  CFR  S178.65-2,  -6(b),  -7,  -9(a) 
and  (b),  and  -10.  It  shall  not  leak  or  evidence 


visible  distortion  when  tested  in  accordance  with 
§  178.65-1 1(a)  and  shall  not  fail  in  any  of  the  ways 
enumerated  in  §  178.65-ll(b)  when  hydrostatically 
tested  to  destruction.  It  shall  not  crack  when  flat- 
tened in  accordance  with  §  178.65-12(a)  to  the 
limit  specified  in  §  178.65-12(a)  (4). 

S9.2  Explosive  devices.  An  explosive  device 
shall  not  exhibit  any  of  the  characteristics  pro- 
hibited by  49  CFR  S173.51.  All  explosive  material 
shall  be  enclosed  in  a  structure  that  is  capable  of 
containing  the  explosive  energy  without  sudden 
release  of  pressure  except  through  overpressure 
relief  devices  or  parts  designed  to  release  the 
pressure  during  actuation. 

S10.  Test  dummy  positioning  procedures.  [Posi- 
tion a  test  dummy,  conforming  to  Subpart  B  of 
Part  572  of  this  chapter,  in  each  front  outboard 
seating  position  of  a  vehicle  as  set  forth  below  in 
SlO  through  S10.9.  Each  test  dummy  is  restrained 
during  the  crash  tests  of  S5  as  follows:  [(54  F.R. 
23986— June  5,  1989.  Effective:  December  4,  1989)1 

(a)  In  a  vehicle  equipped  with  automatic 
restraints  at  each  front  outboard  designated 
seating  position  that  is  certified  by  its  manufac- 
turer as  meeting  the  requirements  of  S4. 1.2. 1(a) 
and  (cXl),  each  test  dummy  is  not  restrained 
during  the  frontal  test  of  S5.1,  the  lateral  test  of 
S5.2  and  the  rollover  test  of  S5.3  by  any  means 
that  require  occupant  action. 

(bXl)  In  a  vehicle  equipped  with  an  automatic 
restraint  at  each  front  outboard  seating  position 
that  is  certified  by  its  manufacturer  as  meeting  the 
requirements  of  S4. 1.2. 1(a)  and  (c)(2),  each  test 
dummy  is  not  restrained  during  one  frontal  test  of 
S5.1  by  any  means  that  require  occupant  action.  If 
the  vehicle  has  a  manual  seat  belt  provided  by  the 
manufacturer  to  comply  with  the  requirements  of 
S4. 1.2. 1(c),  then  a  second  frontal  test  is  conducted 
in  accordance  with  S5.1  and  each  test  dummy  is 
restrained  both  by  the  authomatic  restraint  system 
and  the  manual  seat  belt,  adjusted  in  accordance 
with  S10.9. 

(2)  In  a  vehicle  equipped  with  an  automatic 
restraint  only  at  the  driver's  designated  seating 
position,  pursuant  to  S4. 1.3.4(a)(2),  that  is  certified 
by  its  manufacturer  as  meeting  the  requirements 
of  S4. 1.2. 1(a)  and  (cX2),  the  driver  test  dummy  is 
not  restrained  during  one  frontal  test  of  S5.1  by 
any  means  that  require  occupant  action.  If  the 
vehicle  also  has  a  manual  seat  belt  provided  by  the 


(Rev.  6/5/89) 


PART  571;  S  208-21 


manufacturer  to  comply  with  the  requirements  of 
S4. 1.2. 1(c),  then  a  second  frontal  test  is  conducted 
in  accordance  with  S5.1  and  the  driver  test  dummy 
is  restrained  both  by  the  automatic  restraint 
system  and  the  manual  seat  belt,  adjusted  in  accor- 
dance with  S10.9.  At  the  option  of  the  manufac- 
turer, a  passenger  test  dummy  can  be  placed  in  the 
right  front  outboard  designated  seating  postion 
during  the  testing  required  by  this  section.  If  a 
passenger  test  dummy  is  present,  it  shall  be 
restrained  by  a  manual  seat  belt,  adjusted  in  accor- 
dance with  S10.9 

(c)  In  a  vehicle  equipped  with  a  manual  safety 
belt  at  the  front  outboard  designated  seating  posi- 
tions that  is  certified  by  its  manufacturer  to  meet 
the  requirements  of  S4.6,  each  test  dummy  is 
restrained  by  the  manual  safety  belts,  adjusted  in 
accordance  with  S10.9,  installed  at  each  front  out- 
board seating  position. 

S10.1     Vehicle  equipped  with  front  bucket  seats. 

Place  the  test  dummy's  torso  against  the  seat  back 
and  its  upper  legs  against  the  seat  cushion  to  the  ex- 
tent permitted  by  placement  of  the  test  dummy's  feet 
in  accordance  with  the  appropriate  paragraph  of 
SIO.  Center  the  test  dummy  on  the  seat  cushion  of 
the  bucket  seat  and  set  its  midsagittal  plane  so  that 
it  is  vertical  and  parallel  to  the  centerline  of  the 
seat  cushion. 

S1 0.1.1     Driver  position  placement. 

(a)  Initially  set  the  knees  of  the  test  dummy  11% 
inches  apart,  measured  between  the  outer  surfaces 
of  the  knee  pivot  bolt  heads,  with  the  left  outer 
surface  5.9  inches  from  the  midsagittal  plane  of  the 
test  dummy. 

(b)  Rest  the  right  foot  of  the  test  dummy  on  the 
undepressed  accelerator  pedal  with  the  rearmost 
point  of  the  heel  on  the  floor  pan  in  the  plane  of  the 
pedal.  If  the  foot  cannot  be  placed  on  the 
accelerator  pedal,  set  it  initially  perpendicular  to 
the  lower  leg  and  place  it  as  far  forward  as  possible 
in  the  direction  of  the  pedal  centerline  with  the 
rearmost  point  of  the  heel  resting  on  the  floor  pan. 
Except  as  prevented  by  contact  with  a  vehicle  sur- 
face, place  the  right  leg  so  that  the  upper  and  lower 
leg  centerlines  fall,  as  close  as  possible,  in  a  ver- 
tical longitudinal  plane  without  inducing  torso 
movement. 

(c)  (Place  the  left  foot  on  the  toeboard  with  the 
rearmost  point  of  the  heel  resting  on  the  floor  pan 
as  close  as  possible  to  the  point  of  intersection  of 

(Rev.  9/5/86)  PART  571; 


the  planes  described  by  the  toeboard  and  the  floor 
pan  and  not  on  the  wheelwell  projection.  If  the  foot 
cannot  be  positioned  on  the  toeboard,  set  it  initially 
perpendicular  to  the  lower  leg  and  place  it  as  far 
forward  as  possible  with  the  heel  resting  on  the 
floor  pan.  If  necessary  to  avoid  contact  with  the 
vehicle's  brake  or  clutch  pedal,  rotate  the  test 
dummy's  left  foot  about  the  lower  leg.  If  there  is 
still  pedal  interference,  rotate  the  left  leg  outboard 
about  the  hip  the  minimum  distance  necessary  to 
avoid  the  pedal  interference.  Except  as  prevented 
by  contact  with  a  vehicle  surface,  place  the  left  leg 
so  that  the  upper  and  lower  leg  centerlines  fall,  as 
close  as  possible,  in  a  vertical  plane.  For  vehicles 
with  a  foot  rest  that  does  not  elevate  the  left  foot 
above  the  level  of  the  right  foot,  place  the  left  foot 
on  the  foot  rest  so  that  the  upper  and  lower  leg 
centerlines  fall  in  a  vertical  plane.  (51  F.R. 
31765— September  5,  1986.  Effective:  September  5, 
1986)] 

S10.1.2     Passenger  position  placement. 

S1 0.1 .2.1     Vehicle  with  a  flat  floor  pan/toeboard. 

(a)  Initially  set  the  knees  11%  inches  apart, 
measured  between  the  outer  surfaces  of  the  knee 
pivot  bolt  heads. 

(b)  Place  the  right  and  left  feet  on  the  vehicle's 
toeboard  with  the  heels  resting  on  the  floor  pan  as 
close  as  possible  to  the  intersection  point  with  the 
toeboard.  If  the  feet  cannot  be  placed  flat  on  the 
toeboard,  set  them  perpendicular  to  the  lower  leg 
centerlines  and  place  them  as  far  forward  as  possi- 
ble with  the  heels  resting  on  the  floor  pan. 

(c)  Place  the  right  and  left  legs  so  that  the  upper 
and  lower  leg  centerlines  fall  in  vertical 
longitudinal  planes. 

SI 0.1 .2.2  Vehicles  with  wheelhouse  projections 
in  passenger  compartment. 

(a)  Initially  set  the  knees  11%  inches  apart, 
measured  between  outer  surfaces  of  the  knee  pivot 
bolt  heads. 

(b)  Place  the  right  and  left  feet  in  the  well  of  the 
floor  pan/toeboard  and  not  on  the  wheelhouse  pro- 
jection. If  the  feet  cannot  be  placed  flat  on  the 
toeboard,  initially  set  them  perpendicular  to  the 
lower  leg  centerlines  and  then  place  them  as  far 
forward  as  possible  with  the  heels  resting  on  the 
floor  pan. 

(c)  If  it  is  not  possible  to  maintain  vertical  and 
longitudinal  planes  through  the  upper  and  lower 

S  208-22 


leg  centerlines  for  each  leg,  then  place  the  left  leg 
so  that  its  upper  and  lower  centerlines  fall,  as 
closely  as  possible,  in  a  vertical  longitudinal  plane 
and  place  the  right  leg  so  that  its  upper  and  lower 
leg  centerlines  fall,  as  closely  as  possible,  in  a 
vertical  plane. 

510.2  Vehicle    equipped    with    bench    seating. 

Place  a  test  dummy  with  its  torso  against  the  seat 
back  and  its  upper  legs  against  the  seat  cushion,  to 
the  extent  permitted  by  placement  of  the  test  dum- 
my's feet  in  accordance  with  the  appropriate 
paragraph  of  SI 0.1. 

51 0.2.1  Driver  position  placement.  Place  the 
test  dummy  at  the  left  front  outboard  designated 
seating  position  so  that  its  midsagittal  plane  is 
vertical  and  parallel  to  the  centerline  of  the  vehicle 
and  so  that  the  midsagittal  plane  of  the  test 
dummy  passes  through  the  center  of  the  steering 
wheel  rim.  Place  the  legs,  knees,  and  feet  of  the 
test  dummy  as  specified  in  SI 0.1.1. 

51 0.2.2  Passenger  position  placement.  [Place 
the  test  dummy  at  the  right  front  outboard 
designated  seating  position  so  that  the  midsagittal 
plane  of  the  test  dummy  is  vertical  and 
longitudinal,  and  the  same  distance  from  the  vehi- 
cle's longitudinal  centerline  as  the  midsagittal 
plane  of  the  test  dummy  at  the  driver's  position. 
Place  the  legs,  knees,  and  feet  of  the  test  dummy 
as  specified  in  SIO.1.2.  (51  F.R.  31765— September  5, 
1986.  Effective:  September  5,  1986)1 

510.3  Initial  test  dummy  head  and  arm  place- 
ment. With  the  test  dummy  at  its  designated 
seating  position  as  specified  by  the  appropriate  re- 
quirements of  SlO.l  or  S10.2,  place  the  upper  arms 
against  the  seat  back  and  tangent  to  the  side  of  the 
upper  torso.  Place  the  lower  arms  and  palms 
against  the  outside  of  the  upper  legs. 

510.4  Test  dummy  settling. 

51 0.4.1  Test  dummy  vertical  upward  displace- 
ment. Slowly  lift  the  test  dummy  parallel  to  the 
seat  back  plane  until  the  test  dummy's  buttocks  no 
longer  contact  the  seat  cushion  or  until  there  is 
test  dummy  head  contact  with  the  vehicle's 
headlining. 

51 0.4.2  Lower  torso  force  application.  Apply  a 
rearward  force  of  50  poimds  against  the  center  of  the 
test  dummy's  lower  torso  in  a  horizontal  direction. 


The  line  of  force  application  shall  be  6.5  inches  above 
the  bottom  surface  of  the  test  dummy's  buttocks. 

51 0.4.3  Test  dummy  vertical  downward  displace- 
ment. Remove  as  much  of  the  50-pound  force  as 
necessary  to  allow  the  test  dummy  to  return 
downward  to  the  seat  cushion  by  its  own  weight. 

51 0.4.4  Test  dummy  upper  torso  rocking.  Apply  a 
10- to-  15-pound  horizontal  rearward  force  to  the  test 
dummy's  lower  torso.  Then  apply  a  horizontal  for- 
ward force  to  the  test  dummy's  shoulders  sufficient 
to  flex  the  upper  torso  forward  until  its  back  no 
longer  contacts  the  seat  back.  Rock  the  test  dummy 
from  side  to  side  3  or  4  times  so  that  the  test 
dummy's  spine  is  at  any  angle  from  the  vertical  in  the 
14-to-16-degree  range  at  the  extremes  of  each  rock- 
ing movement. 

51 0.4.5  Test  dummy  upper  torso  force  application. 

While  maintaining  the  lO-to-15-pound  horizontal 
rearward  force  applied  in  SIO.4.4  and  with  the  test 
dummy's  midsagittal  plane  vertical,  push  the  upper 
torso  back  against  the  seat  back  with  a  force  of  50 
pounds  applied  in  a  horizontal  rearward  direction 
along  a  line  that  is  coincident  with  the  test  dummy's 
midsagittal  plane  and  18  inches  above  the  bottom 
surface  of  the  test  dummy's  buttocks. 

SI 0.5  Belt  adjustment  for  dynamic  testing.  With 
the  test  dummy  at  its  designated  seating  position 
as  specified  by  the  appropriate  requirements  of 
S8.1.2,  S8.1.3,  and  SlO.l  through  S10.4,  place  and 
adjust  the  safety  belt  as  specified  below. 

SI 0.5.1  tVlanual  safety  belts.  Place  the  Type  1  or 
Type  2  manual  belt  around  the  test  dummy  and 
fasten  the  latch.  Pull  the  Type  1  belt  webbing  out 
of  the  retractor  and  allow  it  to  retract;  repeat  this 
operation  four  times.  Remove  all  slack  from  the  lap 
belt  portion  of  a  Type  2  belt.  Pull  the  upper  torso 
webbing  out  of  the  retractor  and  allow  it  to  retract; 
repeat  this  operation  four  times  so  that  the  excess 
webbing  in  the  shoulder  belt  is  removed  by  the 
retractive  force  of  the  retractor.  Apply  a  2  to  4 
pound  tension  load  to  the  lap  belt  of  a  single  retrac- 
tor system  by  pulling  the  upper  torso  belt  adjacent 
to  the  latchplate.  In  the  case  of  a  dual  retractor 
system,  apply  a  2  to  4  pound  tension  load  by  pulling 
the  lap  belt  adjacent  to  its  retractor.  Measure  the 
tension  load  as  close  as  possible  to  the  same  loca- 
tion where  the  force  was  applied.  After  the  tension 
load  has  been  applied,  ensure  that  the  upper  torso 
belt  lies  flat  on  the  test  dummy's  shoulder. 


(Rev.  9/5/86) 


PART  571;  S  208-23 


51 0.5.2  Automatic  safety  belts.  Ensure  that 
the  upper  torso  belt  Ues  flat  on  the  test  dummy's 
shoulder  after  the  automatic  belt  has  been  placed 
on  the  test  dummy. 

510.5.3  Belts  with  tension-relieving  devices.    If 

the  automatic  or  dynamically-tested  manual  safety 
belt  system  is  equipped  with  a  tension-relieving 
device,  introduce  the  maximum  amount  of  slack  in- 
to the  upper  torso  belt  that  is  recommended  by  the 
manufacturer  for  normal  use  in  the  owner's 
manual  for  the  vehicle. 

S10.6    Placement  of  test  dummy  arms  and  hands. 

With  the  test  dummy  positioned  as  specified  by 
S10.4  and  without  inducing  torso  movement,  place 
the  arms,  elbows,  and  hands  of  the  test  dummy,  as 
appropriate  for  each  designated  seating  position  in 
accordance  with  SIO.6.1  or  SIO.6.2.  Following 
placement  of  the  arms,  elbows  and  hands,  remove 
the  force  applied  against  the  lower  half  of  the  torso. 

51 0.6.1  Driver's  position.  Move  the  upper  and 
the  lower  arms  of  the  test  dummy  at  the  driver's 
position  to  their  fully  outstretched  position  in  the 
lowest  possible  orientation.  Push  each  arm  rear- 
ward permitting  bending  at  the  elbow,  until  the 
palm  of  each  hand  contacts  the  outer  part  of  the 
rim  of  the  steering  wheel  at  its  horizontal 
centeriine.  Place  the  test  dummy's  thumbs  over 
the  steering  wheel  rim  and  position  the  upper  and 
lower  arm  centerlines  as  close  as  possible  in  a  ver- 
tical plane  without  inducing  torso  movement.  The 
thumbs  shall  be  over  the  steering  wheel  rim  and 
are  lightly  taped  to  the  steering  wheel  rim  so  that 
if  the  hand  of  the  test  dummy  is  pushed  upward  by 
a  force  of  not  less  than  2  pounds  and  not  more  than 
5  pounds,  the  tape  shall  release  the  hand  from  the 
steering  wheel  rim. 

Note:  Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  must  comply  with  the  dynamic  testing  require- 
ments of  SU.6  of  Standard  No.  208  beginning  on 
September  1,  1991) 

51 0.6.2  Passenger  position.  Move  the  upper  and 
lower  arms  of  the  test  dummy  at  the  passenger 
position  to  the  fully  outstretched  position  in  the 
lowest  possible  orientation.  Push  each  arm  rear- 
ward, permitting  bending  at  the  elbow,  until  the 
upper  arm  contacts  the  seat  back  and  is  tangent  to 
the  upper  part  of  the  side  of  the  torso,  the  palm 


contacts  the  outside  of  the  thigh,  and  the  little 
finger  is  barely  in  contact  witht  the  seat  cushion. 

510.7  Repositioning  of  feet  and  legs.  After  the 
test  dummy  has  been  settled  in  accordance  with 
S10.4,  the  safety  belt  system  has  been  positioned, 
if  necessary,  in  accordance  with  S10.5,  and  the 
arms  and  hands  of  the  test  dummy  have  been  posi- 
tioned in  accordance  with  S10.6,  reposition  the 
feet  and  legs  of  the  test  dummy,  if  necessary,  so 
that  the  feet  and  legs  meet  the  applicable  re- 
quirements of  SlO.l  or  S10.2 

510.8  Test  dummy  positioning  for  latchplate  ac- 
cess. The  reach  envelopes  specified  in  S7.4.4.  are 
obtained  by  positioning  a  test  dummy  in  the 
driver's  seat  or  passenger's  seat  in  its  forward- 
most  adjustment  position.  Attach  the  lines  for  the 
inboard  and  outboard  arms  to  the  test  dummy  as 
described  in  Figure  3  of  this  standard.  Extend  each 
line  backward  and  outboard  to  generate  the  com- 
pliance arcs  of  the  outboard  reach  envelope  of  the 
test  dummy's  arms. 

510.9  Test  dummy  positioning  for  belt  contact 
force. 

51 0.9.1  Vehicle  manufactured  before  September 
1,  1987.  To  determine  compliance  with  S7.4.3  of 
this  standard,  a  manufacturer  may  use,  at  its 
option,  either  the  test  procedure  of  S  10.9.1  or  the 
test  procedure  of  SIO.9.2.  Position  the  test  dummy 
in  the  vehicle  in  accordance  with  the  appropriate 
requirements  specified  in  SlO.l  or  S10.2  and  under 
the  conditions  of  S8.1.2  and  S8.1.3.  Fasten  the 
latch  and  pull  the  belt  webbing  three  inches  from 
the  test  dummy's  chest  and  release  until  the 
webbing  is  within  one  inch  of  the  test  dummy's 
chest  and  measure  the  belt  contact  force. 

510.9.2  Vehicle  manufactured  on  or  after 
September  1,  1987.  To  determine  compliance  with 
S7.4.3.  of  this  standard,  position  the  test  dummy  in 
the  vehicle  in  accordance  with  the  appropriate 
requirements  specified  in  SlO.l  or  S10.2  and  under 
the  conditions  of  S8.1.2  and  S8.1.3.  Close  the  vehi- 
cle's adjacent  door,  pull  either  12  inches  of  belt 
webbing  or  the  maximum  available  amount  of  belt 
webbing,  whichever  is  less,  from  the  retractor  and 
then  release  it,  allowing  the  belt  webbing  to  return 
to  the  dummy's  chest.  Fasten  the  latch  and  pull  the 
belt  webbing  three  inches  from  the  test  dummy's 
chest  and  release  until  the  webbing  is  within  one 
inch  of  the  test  dummy's  chest  and  measure  the 
belt  contact  force. 


PART  571;  S  208-24 


S11  Positioning  procedure  for  the  Pari  572 
Subpart  E  Test  Dummy. 

Position  a  test  dummy,  conforming  to  Subpart  E 
of  Part  572  of  this  Chapter,  in  each  front  outboard 
seating  position  of  a  vehicle  as  specified  in  SI  1.1 
through  SI  1.6.  Each  test  dummy  is  restrained  in 
accordance  with  the  applicable  requirements  of 
S4.1.2.1,  4.1.2.2  or  S4.6. 

511.1  Head.  [The  transverse  instrumentation 
platform  of  the  head  shall  be  horizontal  within  V2 
degree.  To  level  the  head  of  the  test  dummy,  the 
following  sequences  must  be  followed.  First  adjust 
the  position  of  the  H  point  within  the  limits  set 
forth  in  Sll.4.3.1  to  level  the  transverse  in- 
strumentation platform  of  the  head  of  the  test 
dummy.  If  the  transverse  instrumentation  plat- 
form of  the  head  is  still  not  level,  then  adjust  the 
pelvic  angle  of  the  test  dummy  within  the  limits 
specified  in  SI  1.4. 3. 2  of  the  standard.  If  the 
transverse  instrumentation  platform  of  the  head  is 
still  not  level,  then  adjust  the  neck  bracket  of  the 
test  dummy  the  minimum  amount  necessary  from 
the  non-adjusted  "0"  setting  to  ensure  that  the 

m  transverse  instrumentation  platform  of  the  head  is 

"  horizontal  within  V2  degree.  The  test  dummy  shall 

remain  within  the  limits  specified  in  Sll.4.3.1  and 
SI  1.4.3. 2  after  any  adjustment  of  the  neck 
bracket.(54  F.R.  23986-June  5,  1989.  Effective: 
December  4,  1989.)! 

511.2  Arms. 

511.2.1  The  driver's  upper  arms  shall  be  adja- 
cent to  the  torso  with  the  centerlines  as  close  to  a 
vertical  plane  as  possible. 

51 1.2.2  The  passenger's  upper  arms  shall  be  in 
contact  with  the  seat  back  and  the  sides  of  torso. 

511.3  Hands. 

S1 1.3.1  The  palms  of  the  driver  test  dummy 
shall  be  in  contact  with  the  outer  part  of  the  steer- 
ing wheel  rim  at  the  rim's  horizontal  centerline. 
The  thumbs  shall  be  over  the  steering  wheel  rim 
and  shall  be  lightly  taped  to  the  steering  wheel  rim 
so  that  if  the  hand  of  the  test  dummy  is  pushed  up- 
ward by  a  force  of  not  less  than  2  pounds  and  not 
more  than  5  pounds,  the  tape  shall  release  the  hand 
j^         from  the  steering  wheel  rim. 

▼  Note:  Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 


less  must  comply  with  the  dynamic  testing  require- 
ments of  SJt.6  of  Standard  No.  208  beginning  on 
September  1,  1991) 

S1 1 .3.2  The  palms  of  the  passenger  test  dummy 
shall  be  in  contact  with  outside  of  thigh.  The  little 
finger  shall  be  in  contact  with  the  seat  cushion. 

51 1.4  Torso. 

51 1.4.1  In  vehicles  equipped  with  bench  seats, 
the  upper  torso  of  the  driver  and  passenger  test 
dummies  shall  rest  against  the  seat  back.  The  mid- 
sagittal  plane  of  the  driver  dummy  shall  be  vertical 
and  parallel  to  the  vehicle's  longitudinal  centerline, 
and  pass  through  the  center  of  the  steering  wheel 
rim.  The  midsagittal  plane  of  the  passenger 
dummy  shall  be  vertical  and  parallel  to  the 
vehicle's  longitudinal  centerline  and  the  same 
distance  from  the  vehicle's  longitudinal  centerline 
as  the  midsagittal  plane  of  the  driver  dummy. 

51 1.4.2  In  vehicles  equipped  with  bucket  seats, 
the  upper  torso  of  the  driver  and  passenger  test 
dummies  shall  rest  against  the  seat  back.  The  mid- 
sagittal plane  of  the  driver  and  the  passenger  dum- 
my shall  be  vertical  and  shall  coincide  with  the 
longitudinal  centerline  of  the  bucket  seat. 

51 1.4.3  Lower  torso. 

511.4.3.1  H-point.  The  H-point  of  the  driver  and 
passenger  test  dummies  shall  coincide  within  V2 
inch  in  the  vertical  dimension  and  V2  inch  in  the 
horizontal  dimension  of  a  point  V4  inch  below  the 
position  of  the  H-point  determined  by  using  the 
equipment  and  procedures  specified  in  SAE  J826 
(Apr  80)  except  that  the  length  of  the  lower  leg  and 
thigh  segments  of  the  H-point  machine  shall  be  ad- 
justed to  16.3  and  15.8  inches,  respectively,  instead 
of  the  50th  percentile  values  specified  in  Table  1  of 
SAE  J826. 

51 1 .4.3.2  Pelvic  angle.  As  determined  using  the 
pelvic  angle  gage  (GM  drawing  78051-532  in- 
corporated by  reference  in  Part  572,  Subpart  E  of 
this  chapter)  which  is  inserted  into  the  H-point 
gaging  hole  of  the  dummy,  the  angle  measured 
from  the  horizontal  on  the  3  inch  flat  surface  of  the 
gage  shall  be  22V2  degrees  plus  or  minus  2V2 
degrees. 

51 1.5  Legs.  The  upper  legs  of  the  driver  and 
passenger  test  dummies  shall  rest  against  the  seat 
cushion  to  the  extent  permitted  by  placement  of 


(Rev.  6/5/89) 


PART  571;  S  208-25 


the  feet.  The  initial  distance  between  the  outboard 
knee  clevis  flange  surfaces  shall  be  10.6  inches.  To 
the  extent  practicable,  the  left  leg  of  the  driver 
dummy  and  both  legs  of  the  passenger  dummy 
shall  be  in  vertical  longitudinal  planes.  Final 
adjustment  to  accommodate  placement  of  feet  in 
accordance  with  S11.6  for  various  passenger  com- 
partment configurations  is  permitted. 

51 1.5.1  The  legs  of  the  driver  and  passenger 
test  dummy  shall  be  placed  as  provided  in  Sll.5.2 
or,  at  the  option  of  the  vehicle  manufacturer  until 
September  1,  1991,  as  provided  in  SIO.1.1  for 
driver  and  SIO.1.2  for  the  passenger,  except  that 
the  initial  distance  between  the  outboard  knee 
clevis  flange  surfaces  shall  be  10.6  inches  for  both 
the  driver  and  the  passenger  rather  than  14V2  in- 
ches as  specified  in  SIO.1.1  (a)  for  the  driver  and 
11%  inches  as  specified  in  SIO. 1.2.1  (a)  and 
SIO.1.2.2  (a)  for  the  passenger. 

51 1.5.2  The  upper  legs  of  the  driver  and 
passenger  test  dummies  shall  rest  against  the  seat 
cushion  to  the  extent  permitted  by  placement  of 
the  feet.  The  initial  distance  between  the  outboard 
knee  clevis  flange  surfaces  shall  be  10.6  inches.  To 
the  extent  practicable,  the  left  leg  of  the  driver 
dummy  and  both  legs  of  the  passenger  dummy 
shall  be  in  vertical  longitudinal  planes.  To  the  ex- 
tent practicable,  the  right  leg  of  the  driver  dummy 
shall  be  in  a  vertical  plane.  Final  adjustment  to  ac- 
commodate placement  of  feet  in  accordance  with 
SI  1.6  for  various  passenger  compartment  con- 
figurations is  permitted. 

Note:  Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  les 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  must  comply  with  the  dynamic  testing  require- 
ments of  SJt.6  of  Standard  No.  208  beginning  on 
September  1,  1991.) 

51 1.6  Feet.  [The  feet  of  the  driver  test 
dummy  shall  be  positioned  in  accordance  with 
SIO.1.1  (b)  and  (c)  of  this  standard.  The  feet  of  the 
passenger  test  dummy  shall  be  positioned  in  ac- 
cordance with  SIO. 1.2.1  (b)  and  (c)  of  this  standard, 
as  appropriate.  (54  F.R.  23986— June  5,  1989.  Effec- 
tive: December  4,  1989.1 

511.6.1  Removed.  (56  F.R.  8232-February  28, 1991) 

511.6.2  Removed.  (56  F.R.  8232-February  28, 1991) 

51 1 .6.3  Removed.  (56  F.R.  8232-  February  28, 1 991 ) 

51 1.7  Test  dummy  positioning  for  iatchplate 
access.  The  reach  envelopes  specified  in  S7.4.4 
are  obtained  by  positioning  a  test  dummy  in  the 


driver's  seat  or  passenger's  seat  in  its  forward-  I  I 

most  adjustment  position.  Attach  the  lines  for  the 
inboard  and  outboard  arms  to  the  test  dummy  as 
described  in  Figure  3  of  this  standard.  Extend  each 
line  backward  and  outboard  to  generate  the  com- 
pliance arcs  of  the  outboard  reach  envelope  of  the 
test  dummy's  arms. 

511.8  Test  dummy  positioning  for  belt  contact 
force.  To  determine  compliance  with  S7.4.3  of 
this  standard,  position  the  test  dummy  in  the  vehi- 
cle in  accordance  with  the  requirements  specified 
in  SI  1.1  through  SI  1.6  and  under  the  conditions  of 
S8.1.2  and  S8.1.3.  Pull  the  belt  webbing  three 
inches  from  the  test  dummy's  chest  and  release 
until  the  webbing  is  within  1  inch  of  the  test 
dummy's  chest  and  measure  the  belt  contact  force. 

51 1.9  IVIanual    belt    adjustment    for    dynamic 
testing.   With  the  test  dummy  at  its  designated 
seating  position  as  specified  by  the  appropriate  re- 
quirements of  S8.1.2,  S8.1.3  and  Sll.l  through 
SI  1.6,  place  the  Type  2  manual  belt  around  the  test 
dummy  and  fasten  the  latch.  Remove  all  slack  from 
the  lap  belt.  Pull  the  upper  torso  webbing  out  of  the 
retractor  and  allow  it  to  retract;  repeat  this  opera- 
tion four  times.  Apply  a  2  to  4  pound  tension  load  ^ 
to  the  lap  belt.  If  the  belt  system  is  equipped  with  a            fl 
tension-relieving  device  introduce  the  maximum            ^ 
amount  of  slack  into  the  upper  torso  belt  that  is 
recommended  by  the  manufacturer  for  normal  use 

in  the  owner's  manual  for  the  vehicle.  If  the  belt 
system  is  not  equipped  with  a  tension-relieving 
device,  allow  the  excess  webbing  in  the  shoulder 
belt  to  be  retracted  by  the  retractive  force  of  the 
retractor. 

S12     Removed.  (54  F.R.  23986-June  5,  1989) 

Interpretation 

The  concept  of  an  occupant  protection  system 
which  requires  "no  action  by  vehicle  occupants,"  as 
that  term  is  used  in  Standard  No.  208,  is  intended  to 
designate  a  system  which  will  perform  its  protective 
restraining  function  after  a  normal  process  of  ingress 
or  egress  without  separate  deliberate  actions  by  the 
vehicle  occupant  to  deploy  the  restraint  system. 
Thus,  the  agency  considers  an  occupant  protection 
system  to  be  automatic  if  an  occupant  has  to  take  no 
action  to  deploy  the  system  but  would  normally 
slightly  push  the  seat  belt  webbing  aside  when  enter- 
ing or  exiting  the  vehicle  or  would  normally  make  a 
slight  adjustment  in  the  webbing  for  comfort. 

36  F.R.  4600  ^| 

March  10,  1971  ^P 


PART  571;  S  208-26 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  209 

Seat  Belt  Assemblies 

(Docket  No.  74-14;  Notice  71) 

RIN  2127-AD11 


ACTION:  Final  rule. 

SUMMARY:  This  agency  has  expressed  its  intention 
to  exclude  safety  belts  that  meet  dynamic  testing 
requirements  from  some  of  the  static  testing  require- 
ments to  which  all  safety  belts  are  subject.  Dynamic 
testing  consists  of  a  30  mile  per  hour  crash  test  of  the 
vehicle  using  test  dummies  as  surrogates  for  human 
occupants.  Since  the  dynamic  test  measures  the  actual 
occupant  protection  which  the  belt  provides  during  a 
crash,  there  is  no  apparent  need  to  subject  that  belt 
to  static  testing  procedures  that  are  surrogate  and  less 
direct  measures  of  the  protection  which  the  belt  would 
provide  to  its  occupant  during  a  crash. 

In  order  to  avoid  needless  regulatory  restrictions  on 
safety  belts  that  have  been  dynamically  tested,  this  rule 
amends  the  agency's  regulations  to  more  accurately 
express  the  scope  of  the  exemption  from  the  static  test- 
ing requirements  for  safety  belts  that  are  dynamically 
tested.  Specifically,  this  rule: 

1.  Excludes  all  safety  belts  that  are  subject  to  the 
dynamic  testing  requirements,  regardless  of  the  type 
of  vehicle  in  which  those  belts  are  installed,  from  some 
of  the  static  testing  requirements  for  safety  belts; 

2.  Permits  the  use  of  load  limiters  on  all  safety  belts 
installed  at  seating  positions  subject  to  the  dynamic 
testing  requirements,  regardless  of  whether  the  sub- 
ject belts  are  automatic  or  manual  safety  belts;  and 

3.  Correctly  identifies  all  of  the  static  testing  re- 
quirements from  which  automatic  safety  belts  and 
manual  safety  belts  subject  to  the  dynamic  testing 
requirements  are  excluded  in  the  safety  standards, 
instead  of  listing  some  of  those  requirements  in  the 
safety  standards,  and  adding  others  in  the  agency's 
interpretations  and  preambles  to  rules. 

This  notice  also  clarifies  which  safety  belts  the  agency 
was  referring  to  when  it  described  safety  belts  as 
"dynamically  tested."  NHTSA  was  referring  only  to 
all  automatic  belts  and  to  manual  safety  belts  that  are 
the  only  occupant  restraint  system  at  a  seating  posi- 


tion. Thus,  any  manual  safety  belts  installed  at  seat- 
ing positions  also  equipped  with  either  an  automatic 
safety  belt  or  an  air  bag  are  not  "dynamically  tested" 
safety  belts  within  the  meaning  of  this  rule.  Such 
manual  safety  belts  are,  therefore,  subject  to  the 
strength,  webbing  width,  and  other  requirements  of 
Standard  No.  209.  However,  this  rule  excludes  manual 
safety  belts  installed  at  seating  positions  also  equipped 
with  either  an  automatic  safety  belt  or  an  air  bag  from 
the  elongation  requirements  of  Standard  No.  209.  This 
exclusion  will  allow  maximum  engineering  flexibility 
in  the  design  of  these  manual  belt  systems,  while  still 
ensuring  effective  occupant  protection. 

EFFECTIVE:  April  16,  1991. 

BACKGROUND:  Standard  No.  209,  Seat  Belt  Assem- 
blies (49  CFR  §  571.209),  sets  forth  qualities  of  the 
webbing  and  hardware  used  in  a  seat  belt  assembly, 
along  with  some  additional  tests  of  the  seat  belt  assem- 
bly as  a  whole.  Absent  a  dynamic  test,  these  tests 
individually  evaluate  each  of  the  aspects  of  a  belt 
system  that  NHTSA  believes  are  necessary  to  ensure 
that  the  belt  system  will  provide  adequate  occupant 
protection  in  a  crash.  For  instance,  the  strength  re- 
quirements in  Standard  No.  209  are  intended  to  ensure 
that  the  safety  belt  is  strong  enough  to  withstand  the 
loads  imposed  by  a  person  using  the  belt  in  a  crash; 
the  webbing  elongation  requirements  help  ensure  that 
the  belt  will  not  stretch  so  much  that  it  provides  a  lesser 
level  of  protection,  and  so  forth.  NHTSA  assumes  that 
any  belt  system  that  achieves  the  required  level  of  per- 
formance in  all  of  these  tests  will  offer  adequate 
occupant  protection  when  the  belt  system  is  installed 
in  any  vehicle  at  any  seating  position. 

However,  NHTSA  has  long  believed  it  more  appro- 
priate to  evaluate  the  occupant  protection  afforded  by 
vehicles  by  conducting  dynamic  testing,  which  consists 
of  a  crash  test  of  the  vehicle  using  test  dummies  as 
surrogates  for  human  occupants.  This  belief  is  based 
on  the  fact  that  the  protection  provided  by  safety  belts 


PART  571;  S209-PRE  53 


depends  on  more  than  the  performance  of  the  safety 
belts  themselves  or  of  belt  components  tested  individu- 
ally. Occupant  protection  depends  on  the  performance 
of  the  safety  belts  themselves  and  the  structural 
characteristics  and  interior  design  of  the  vehicle.  A 
dynamic  test  of  the  vehicle  allows  NHTSA  to  evaluate 
all  of  the  factors  that  affect  occupant  crash  protection. 
Further,  a  dynamic  test  allows  the  agency  to  evaluate 
the  synergistic  effects  of  all  these  factors  working 
together,  instead  of  evaluating  each  factor  individually. 
Finally,  a  dynamic  test  assesses  the  vehicle's  capabili- 
ties for  minimizing  the  risk  of  injury  as  measured  by 
test  dummies  and  human-based  injury  criteria,  as 
opposed  to  individual  belt  component  tests  that  are  only 
indirectly  related  to  human  injury  risk. 

For  dynamic  testing  under  Standard  No.  208, 
Occupant  Crash  Protection  (49  CFR  §  571.208),  test 
dummies  are  placed  in  the  vehicle  and  the  vehicle  is 
subjected  to  a  frontal  crash  into  a  concrete  barrier  at 
a  speed  of  30  miles  per  hour  (mph).  In  evaluating  the 
occupant  crash  protection  capabilities  of  a  vehicle,  this 
dynamic  test  assesses  safety  belt  performance.  A 
requirement  for  safety  belts  to  conform  to  both  the 
dynamic  testing  requirements  of  Standard  No.  208  and 
the  laboratory  testing  requirements  of  Standard  No. 
209  is  thus  unnecessary,  because  Standard  No.  208 
dynamic  testing  would  evaluate  the  critical  aspects  of 
belt  and  assembly  performance  that  would  be  evalu- 
ated under  Standard  No.  209.  To  avoid  such  redundan- 
cies, automatic  safety  belts  subject  to  the  dynamic 
testing  requirements  of  Standard  No.  208  were  ex- 
cluded from  Standard  No.  209's  laboratory  testing 
requirements  for  webbing,  attachment  hardware,  and 
assembly  performance  shortly  after  NHTSA  estab- 
lished the  first  dynamic  testing  requirements  in  Stan- 
dard No.  208.  See  36  FR  23725.  December  14,  1971. 

More  recently,  NHTSA  has  extended  the  dynamic 
testing  requirements  of  Standard  No.  208  to  manual 
safety  belt  systems  installed  at  the  front  outboard  seat- 
ing positions  in  passenger  cars  (51  FR  9800;  March  21, 
1986)  and  light  trucks  and  multipurpose  passenger 
vehicles  (52  FR  44898;  November  23,  1987).  In  both 
instances,  the  agency  stated  in  the  preamble  to  the  rule 
that  dynamically  tested  manual  belts  should  be  ex- 
cluded from  the  same  requirements  of  Standard  No. 
209  as  automatic  belts  are,  for  the  same  reasons.  See 
51  FR  9804;  52  FR  44906.  On  the  other  hand,  both 
automatic  and  dynamically  tested  manual  belts  are  sub- 
ject to  other  requirements  in  Standard  No.  209;  for 
example,  the  retractor  performance  requirements,  the 
buckle  release  mechanism  performance  requirements, 
and  the  requirements  for  corrosion  resistance  of  attach- 
ment hardware  apply  to  these  types  of  safety  belts. 
NHTSA  subsequently  denied  petitions  for  reconsider- 
ation and  a  petition  for  rulemaking  on  the  question  of 
excluding  dynamically  tested  safety  belts  from  some 


of  the  requirements  of  Standard  No.  209.  See  53  FR 
5579;  February  25,  1988.  In  the  denial  notice,  NHTSA 
reemphasized  its  conclusion  that  there  was  no  safety  ^ 
or  other  need  to  justify  applying  some  of  the  static  tests  » 
in  Standard  No.  209  to  belt  systems  that  have  been 
dynamically  tested  in  the  vehicle  in  which  they  are 
installed. 

In  addition,  the  preambles  to  the  rules  establishing 
dynamic  testing  of  some  manual  safety  belt  systems 
in  passenger  cars  and  light  trucks  and  multipurpose 
passenger  vehicles  stated  that  dynamically  tested 
manual  safety  belts  should  be  labeled  indicating  the 
seating  positions  and  particular  vehicles  in  which  these 
safety  belts  could  be  installed.  See  51  FR  9804;  52  FR 
44906-44907.  These  labels  were  intended  to  minimize 
the  likelihood  that  a  dynamically  tested  safety  belt 
would  be  installed  in  a  vehicle  or  a  seating  position  for 
which  it  was  not  intended.  NHTSA  subsequently 
denied  a  petition  for  rulemaking  asking  that  these 
labeling  requirements  be  amended  to  apply  only  to 
dynamically  tested  manual  belt  systems  that  did  not 
comply  with  all  the  static  testing  requirements  of  Stan- 
dard No.  209.  53  FR  50429;  December  15,  1988. 

However,  the  regulatory  language  in  Standards  No. 
208  and  209  did  not  fully  and  clearly  achieve  the 
agency's  expressed  intentions.  Therefore,  the  agency 
proposed  to  amend  the  provisions  of  those  standards 
in  four  areas  in  a  notice  of  proposed  rulemaking  j 
(NPRM)  published  on  January  18,  1990  (55  FR  1681).  (| 
NHTSA  received  six  comments  on  this  NPRM.  Com- 
menters  included  motor  vehicle  manufacturers,  safety 
belt  manufacturers,  and  motor  vehicle  dealers.  All  of 
these  comments  were  considered  in  developing  this 
final  rule,  and  the  most  significant  comments  are  dis- 
cussed below.  For  the  convenience  of  the  reader,  this 
rule  uses  the  same  organization  as  the  NPRM. 

1.  Exclusion  for  Dynamically  Tested  Manual  Belt 
Systems  Installed  in  Passenger  Cars  from  Certain 
Requirements  of  Standard  No.  209. 

Volkswagen  of  America  (Volkswagen)  submitted  a 
petition  asking  NHTSA  to  amend  the  language  in  Stan- 
dard No.  208  so  as  to  achieve  the  agency's  stated  intent 
of  excluding  dynamically  tested  manual  belt  assemblies 
installed  at  front  outboard  seating  positions  of  pas- 
senger cars  from  the  webbing  width,  strength,  and 
elongation  requirements  of  Standard  No.  209.  Volks- 
wagen noted  that,  although  preambles  to  rules  on 
dynamic  testing  have  repeatedly  indicated  that 
NHTSA  was  excluding  dynamically  tested  manual  belts 
in  passenger  cars  from  certain  static  testing  require- 
ments of  Standard  No.  209,  the  current  language  in 
section  S4.6.1  of  Standard  No.  208  excludes  dynami- 
cally tested  manual  belts  in  passenger  cars  from  some  M 
requirements  in  Standard  No.  209  only  if  the  ^ 
requirement  for  automatic  restraints  in  passenger  cars 
were  rescinded.  Since  there  was  no  rescission,  there 


PART  571;  S209-PRE  54 


is  currently  no  exclusion  from  any  of  the  requirements 
in  Standard  No.  209  for  dynamically  tested  manual 
belts  in  passenger  cars. 

In  the  NPRM,  NHTSA  repeated  its  previous  state- 
ments that  it  is  appropriate  to  exclude  all  belt  systems 
subject  to  dynamic  testing  requirements,  including 
dynamically  tested  manual  belts  in  passenger  cars, 
from  some  of  the  static  testing  requirements  of  Stan- 
dard No.  209.  The  failure  to  provide  such  an  exclusion 
in  Standard  No.  208  was  simply  an  oversight  on 
NHTSA's  part.  The  agency  proposed  to  correct  that 
oversight  in  the  NPRM. 

Chrysler,  Ford,  and  BMW  commented  that  they 
supported  this  proposal.  The  Automotive  Occupant 
Restraints  Council  (AORC)  opposed  the  proposal. 
According  to  AORC,  excluding  dynamically  tested 
manual  belts  from  some  of  the  static  testing  require- 
ments in  Standard  No.  209  might  result  in  adverse 
safety  consequences.  For  example,  AORC  noted  that 
the  static  webbing  strength  test  exposes  the  webbing 
to  loading  that  is  approximately  twice  as  great  as  the 
most  heavily-loaded  webbing  would  be  exposed  to 
during  dynamic  testing.  This  commenter  asserted  that 
an  "imknowledgeable  or  reckless"  manufacturer  could 
introduce  webbing  of  lesser  strength  in  its  dynamically 
tested  safety  belts  and  that  this  webbing  of  lesser 
strength  would  be  a  "degraded  occupant  crash  protec- 
tion product."  Similarly,  AORC  suggested  that 
eliminating  the  assembly  performance  requirements 
for  dynamically  tested  safety  belts  "could  result  in  a 
degradation  of  performance  of  the  seat  belt  assembly." 
In  the  same  vein,  AORC  suggested  that  elimination  of 
the  webbing  width  requirements  for  dynamically  tested 
safety  belts  "would  provide  the  possibility  for 
ill-conceived,  unproven  significant  deviations"  from  the 
webbing  width  specified  in  Standard  No.  209. 

AORC  had  previously  raised  these  concerns  about 
excluding  dynamically  tested  manual  belts  from  some 
of  the  static  testing  requirements  of  Standard  No.  209. 
NHTSA  responded  in  detail  in  a  February  25,  1988 
notice  (53  FR  5579).  To  briefly  repeat  that  response, 
the  agency  agreed  with  AORC  that  the  static  testing 
provisions  of  Standard  No.  209  are  well-conceived 
provisions  that  have  assured  adequate  levels  of 
occupant  crash  protection.  The  agency  also  agreed  that 
the  static  testing  provisions  of  Standard  No.  209 
subject  the  safety  belt  to  higher  force  levels  than  are 
generally  encountered  in  dynamic  testing  under  Stan- 
dard No.  208.  Thus,  it  is  possible  that  safety  belt 
manufacturers  could  make  design  changes  to  their 
dynamically  tested  manual  safety  belts  that  might 
result  in  lesser  safety  protection  for  belt  users.  The 
agency  stated  that  it  must  determine  if  this  possible 
action  by  safety  belt  manufacturers  is  sufficiently  likely 
so  as  to  justify  some  preventive  regulatory  action. 


Automatic  belts  have  been  excluded  from  these  static 
testing  requirements  since  1971.  In  those  20  years, 
NHTSA  has  no  evidence  of  any  instances  where  auto- 
matic safety  belts  provided  any  lesser  level  of  safety 
protection  because  those  belts  are  excluded  from  some 
of  the  static  tests  in  Standard  No.  209.  Judging  from 
this  record,  it  seems  that  the  possibility  that  safety  belt 
manufacturers  would  take  actions  that  would  result  in 
lesser  safety  protection  has  not  become  a  reality,  in  the 
case  of  automatic  safety  belts.  There  is  no  apparent 
reason  to  believe  that  this  possibility  would  become  a 
reality  in  the  case  of  dynamically  tested  manual  belts, 
and  AORC  did  not  suggest  such  a  reason.  Hence,  there 
is  no  apparent  need  for  the  static  testing  requirements 
in  Standard  No.  209  to  apply  to  dynamically  tested 
manual  safety  belts. 

In  addition  to  these  previously  expressed  reasons  for 
excluding  dynamically  tested  manual  safety  belts  in 
general  from  some  of  Standard  No.  209's  static  tests, 
NHTSA  believes  there  is  an  additional  reason  to  adopt 
the  proposal  to  exclude  dynamically  tested  manual 
safety  belts  in  passenger  cars  from  those  static  tests. 
Dynamically  tested  manual  safety  belts  in  light  trucks 
are  already  excluded  from  those  static  tests.  There  is 
no  reason  to  treat  dynamically  tested  manual  safety 
belts  differently,  depending  on  the  type  of  vehicle  in 
which  those  belts  are  installed.  The  differing  treatment 
arose  because  of  an  oversight  on  the  agency's  part.  The 
adoption  of  the  proposal  to  treat  all  dynamically  tested 
manual  safety  belts  in  the  same  way  for  the  purposes 
of  some  static  testing  requirements  in  Standard  No. 
209  corrects  that  oversight. 

NHTSA  would  also  like  to  respond  to  a  point  raised 
in  Ford's  comments.  Ford  suggested  that  manual 
safety  belts  installed  at  seating  positions  equipped  with 
an  air  bag  could  be  considered  dynamically  tested 
manual  safety  belts,  or  a  "manual  seat  belt  assembly 
subject  to  the  requirements  of  S5.1"  of  Standard  No. 
208,  as  expressed  in  the  proposed  regulatory  language. 
Ford  correctly  noted  that  S4. 1.2. 1(a)  requires  that  air 
bags  provide  acceptable  occupant  crash  protection  in 
a  30  mph  barrier  crash  test  by  automatic  means  alone. 
S4.1.2.1(cX(2),  which  requires  that  manual  safety  belts 
be  installed  at  seating  positions  equipped  with  air  bags, 
also  requires  that  the  seating  position  provide  accept- 
able occupant  protection  in  another  30  mph  barrier 
crash  test  with  the  manual  safety  belts  fastened. 
According  to  Ford,  this  testing  meant  that  the  manual 
safety  belts  at  seating  positions  equipped  with  air  bags 
are,  strictly  speaking,  "subject  to  the  requirements  of 
S5.1"  and  that  those  belts  could  be  considered  dynam- 
ically tested  manual  safety  belts.  This  interpretation 
is  contrary  to  NHTSA's  intent.  The  safety  belts  that 
NHTSA  meant  to  describe  as  subject  to  the  crash  test- 
ing requirements  of  S5.1  included  all  automatic  belts 
and  manual  safety  belts  that  were  the  only  occupant 


PART  209-PRE  55 


restraint  system  at  a  seating  position.  Thus,  any 
manual  belts  installed  at  seating  positions  also  equipped 
with  either  automatic  safety  belts  or  air  bags  are  not 
what  NHTSA  is  referring  to  when  it  uses  the  term 
"dynamically  tested  manual  belts"  in  preambles  or 
letters  of  interpretation.  To  make  this  clear,  the  regula- 
tory language  adopted  in  this  final  rule  describes  the 
excluded  safety  belts  as  "any  manual  seat  belt  assem- 
bly subject  to  the  requirements  of  S5.1  of  this  standard 
by  virtue  of  any  provision  of  this  standard  other  than 
S4.1.2.1(cX2)." 

A  result  of  this  clarification  is  that  manual  safety 
belts  installed  at  seating  positions  also  equipped  with 
either  automatic  safety  belts  or  air  bags  will  remain 
subject  to  Standard  No.  209's  requirements  for  web- 
bing width,  strength,  and  so  forth.  This  helps  ensure 
that  the  manual  safety  belts  will  provide  the  intended 
occupant  protection  in  situations  in  which  the  auto- 
matic crash  protection  is  not  intended  to  deploy  (e.g., 
in  crashes  other  than  frontal  crashes  and  rollovers). 

However,  the  agency  believes  it  is  appropriate  to 
exclude  manual  belts  installed  at  seating  positions  also 
equipped  with  either  automatic  belts  or  air  bags  from 
the  elongation  requirements  in  Standard  No.  209. 
NHTSA  concludes  that  allowing  an  exclusion  from  the 
elongation  requirements  for  these  safety  belts  will 
permit  safety  belt  designs  that  optimize  the  belt  force 
deflection  characteristics  of  the  manual  belts  installed 
in  conjunction  with  automatic  crash  protection  systems. 
Optimized  designs  could  achieve  better  occupant  pro- 
tection. Appropriate  amendments  have  been  made  to 
Standards  No.  208  and  209  to  reflect  this  exclusion. 

2.  Load  Limiters  on  Dynamically  Tested  Manvxd  Belts. 
Ford  filed  a  petition  for  rulemaking  asking  that  "load 
limiters"  be  permitted  on  dynamically  tested  manual 
safety  belts.  S4.5  of  Standard  No.  209  includes  specif- 
ic regulatory  provisions  regarding  "load  limiters"  on 
safety  belt  systems.  A  "load  limiter"  is  defined  in 
section  S3  of  Standard  No.  209  as  "a  seat  belt  assem- 
bly component  or  feature  that  controls  tension  on  the 
seat  belt  to  modulate  the  forces  that  are  imparted  to 
occupants  restrained  by  the  belt  assembly  during  a 
crash."  Before  this  rule  takes  effect,  the  language  of 
S4.5  of  Standard  No.  209  allows  load  limiters  to  be  used 
on  belt  assemblies  only  if  that  belt  assembly  is  part  of 
an  automatic  restraint  system. 

However,  the  agency  explained  in  the  NPRM  that 
it  agreed  with  Ford's  suggestion  that  the  agency 
intended  to  permit  the  use  of  load  limiters  on  dynami- 
cally tested  manual  belt  systems.  As  long  as  a  belt 
system  is  installed  at  a  seating  position  that  is  subject 
to  dynamic  testing  requirements,  the  occupant  protec- 
tion capabilities  of  the  belt  system  can  be  evaluated  in 
the  dynamic  testing.  There  is  no  reason  to  permit  the 
use  of  load  limiters  on  dynamically  tested  automatic 


belt  systems,  but  prohibit  their  use  on  dynamically 
tested  manual  belt  systems.  Accordingly,  the  NPRM 
proposed  to  amend  S4.5  of  Standard  No.  209  to  allow  ^ 
load  limiters  to  be  used  on  belt  systems  installed  in  con-  ^ 
junction  with  an  automatic  restraint  system  or  on  belt 
systems  installed  at  a  seating  position  subject  to  the 
dynamic  testing  requirements. 

Chrysler  and  Ford  supported  this  proposal,  and  no 
commenters  objected  to  the  proposal.  The  proposed 
change  is  made  in  this  final  rule,  for  the  reasons  set 
forth  in  the  proposal. 

As  an  adjunct  to  the  proposal  to  allow  load  limiters 
on  belt  systems  installed  at  a  seating  position  equipped 
with  automatic  crash  protection,  the  agency  proposed 
to  require  those  belt  systems  to  be  labeled  in  the  same 
way  as  automatic  belts  equipped  with  load  limiters. 
Ford  commented  that  it  did  not  believe  that  labeling 
of  dynamically  tested  safety  belts  is  necessary, 
irrespective  of  whether  the  dynamically  tested  safety 
belt  is  manual  or  automatic.  Thus,  Ford  asked  that  the 
proposed  labeling  requirement  for  dynamically  tested 
safety  belts  with  load  limiters  not  be  adopted  in  this 
final  rule.  NHTSA  proposed  to  require  dynamically 
tested  manual  safety  belts  equipped  with  load  limiters 
to  be  labeled  in  the  same  way  that  dynamically  tested 
automatic  belts  with  load  limiters  have  been  required 
to  be  labeled  since  1981.  Prior  to  Ford's  comment, 
NHTSA  had  not  heard  of  any  suggestion  that  the  label-  ,A 
ing  requirements  for  automatic  belts  with  load  limiters  \S 
were  unduly  burdensome,  onerous,  confusing,  or  the 
like.  During  this  rulemaking,  no  commenter  other  than 
Ford  made  such  a  suggestion.  Thus,  absent  some 
further  explanation  of  the  difficulties  Ford  has 
experienced,  NHTSA  does  not  believe  that  extending 
the  existing  labeling  requirements  for  automatic  belts 
with  load  limiters  to  dynamically  tested  manual  belts 
with  load  Hmiters  will  result  in  any  undue  burdens  for 
manufacturers  or  consumers. 

Ford  also  stated  its  understanding  that  the  labeling 
requirements  in  the  proposal  would  apply  to  automatic 
and  dynamically  tested  manual  belts  only  if  those  belt 
assemblies:  (1)  incorporated  a  load  limiter,  and 
(2)  did  not  comply  with  the  elongation  requirements 
in  Standard  No.  209. 

Based  on  this  understanding.  Ford  asked  the  agency 
to  confirm  that  NHTSA  had  not  proposed  to  require 
labeling  of  dynamically  tested  safety  belts  that  include 
load  limiters,  but  still  comply  with  the  elongation 
requirements  in  Standard  No.  209.  Ford's  understand- 
ing is  correct.  There  is  no  need  to  specifically  label 
safety  belts  that  use  load  limiters,  but  nevertheless 
comply  with  the  elongation  requirements  of  Standard 
No.  209.  M 

After  considering  the  comments,  the  agency  is  adopt-     W 
ing  the  proposed  labeling  requirement  for  safety  belts 
that  incorporate  load  limiters,  with  two  minor  modifi- 


PART  209-PRE  56 


cations.  First,  the  agency  proposed  to  require  that 
safety  belts  with  load  limiters  be  labeled  with  informa- 
A  tion  describing  the  belt  system  as  "dynamically  test- 
W  ed."  That  phrase  has  been  deleted  from  the  required 
label  information  in  this  final  rule,  to  reflect  the  facts 
that  load  limiters  may  be  used  on  manual  belt  systems 
installed  at  seating  positions  also  equipped  with  air 
bags  and  that  those  belt  systems  are  not  what  NHTSA 
means  by  "dynamically  tested  manual  belts"  as  ex- 
plained in  the  preceding  section  of  this  preamble. 

Second,  the  agency  proposed  to  permit  load  limiters 
to  be  installed  on  "Type  1  or  Type  2  seat  belt  assem- 
blies," if  the  safety  belt  were  installed  at  a  seating 
position  subject  to  dynamic  testing.  Strictly  speaking, 
an  automatic  safety  belt  is  not  a  Type  1  or  Type  2  seat 
belt  assembly.  Thus,  notwithstanding  NHTSA's  ex- 
press intention  to  permit  load  limiters  on  automatic 
belts,  the  proposed  regulatory  language  would  not 
clearly  have  done  so.  This  final  rule  deletes  the  refer- 
ences to  Type  1  or  Type  2  seat  belt  assemblies  from 
the  regulatory  language. 

3.  .Scope  of  Exclusion  from  Standard  No.  209  for 
Dynamically  Tested  Manual  Belt  Systems. 

Before  the  effective  date  of  this  rule,  both  Standards 
No.  208  and  209  exclude  dynamically  tested  manual 
belt  systems  from  "the  requirements  of  S4.2(a)-(c)  and 
^  S4.4"  of  Standard  No.  209.  However,  while  this  exclu- 
P  sion  appears  to  be  a  comprehensive  listing  of  the 
provisions  of  Standard  No.  209  from  which  dynamically 
tested  safety  belts  are  excluded,  it  is  in  fact  incomplete. 
Several  previous  interpretations  and  preambles  to 
rulemaking  actions  have  expressed  NHTSA's  position 
that  dynamically  tested  manual  belt  systems  are  ex- 
cluded from  the  requirements  of  S4.2  (d)-(f),  as  well  as 
the  listed  sections  of  Standard  No.  209.  The  NPRM 
proposed  to  amend  Standard  No.  209  so  that  it  would 
correctly  show  all  of  the  provisions  of  Standard  No.  209 
from  which  dynamically  tested  manual  belt  systems 
were  excluded.  The  commenters  supported  this 
proposal.  It  is  adopted  for  the  reasons  set  forth  in  the 
NPRM. 

4.  Labeling  Requirements  for  Dynamically  Tested 
Manual  Safety  Belts  Installed  in  Passenger  Cars. 

At  this  time.  Standard  No.  209  requires  information 
about  the  vehicles  and  seating  positions  in  which 
dynamically  tested  belt  systems  can  be  installed,  to  be 
labeled  on  dynamically  tested  manual  belt  systems  for 
use  in  light  trucks  and  multipurpose  passenger  vehi- 
cles. However,  Standard  No.  209  currently  does  not 
require  any  installation  information  to  be  labeled  on 
dynamically  tested  manual  belt  systems  for  use  in 
j^  passenger  cars.  The  agency  proposed  in  the  NPRM  to 
"  remedy  this  inconsistency  by  revising  Standard  No.  209 
so  that  it  would  require  installation  information  to  be 
labeled  on  all  dynamically  tested  manual  belt  systems. 


regardless  of  the  vehicle  type  in  which  the  belt  system 
will  be  installed. 

This  proposal  drew  the  most  attention  from  the  com- 
menters. The  National  Automobile  Dealers  Association 
(NADA)  supported  this  proposal,  stating  that  a  consis- 
tent labeling  requirement  for  safety  belts  would  "cer- 
tainly beneiit"  aftermarket  installations  of  those  safety 
belts.  On  the  other  side  of  this  issue,  Chrysler  opposed 
the  proposal,  asserting  that  the  proposed  requirement 
woiild  be  cumbersome,  and  not  necessary  to  ensure 
proper  safety  belt  replacement  and  performance. 
Chrysler  asserted  that  it  currently  has  over  300 
replacement  safety  belt  part  numbers  for  its  1990 
vehicles  alone.  Because  of  this  complexity  and  prolifer- 
ation of  parts,  Chrysler  asserted  that  dealers  and 
garages  do  not  usually  stock  replacement  safety  belts, 
but  order  the  belts  and  parts  from  Chrysler  when 
needed.  Accordingly,  Chrysler  believed  that  the  pro- 
posed labeling  requirement  would  not  serve  any 
purpose. 

Ford  also  opposed  the  proposal.  According  to  Ford, 
dynamically  tested  safety  belts  are  so  complex  that  it 
would  be  extremely  difficult  to  mistakenly  install  a 
dynamically  tested  safety  belt  in  a  vehicle  or  at  a  seat- 
ing position  other  than  that  for  which  it  is  designed. 
Given  this  difficulty,  Ford  argued  that  it  was  very 
unlikely  that  such  an  installation  could  be  done  inad- 
vertently. Ford  suggested  that  the  information  pro- 
posed to  be  required  to  appear  on  a  label  on  the  belt 
instead  be  required  to  appear  in  the  installation  instruc- 
tions required  to  be  provided  with  safety  belt  assem- 
blies. BMW  and  the  Automobile  Importers  Association 
submitted  comments  that  were  substantially  similar  to 
the  Chrysler  and  Ford  comments. 

NHTSA  has  reconsidered  the  proposed  labeling  re- 
quirements in  response  to  these  comments.  On  the  one 
hand,  the  agency  does  not  believe  there  is  any  reason 
to  have  different  labeling  requirements  for  dynamically 
tested  manual  belt  assemblies  to  be  used  in  passenger 
cars  than  for  dynamically  tested  manual  belt  assem- 
blies to  be  used  in  light  trucks.  The  likelihood  that 
dynamically  tested  manual  safety  belts  will  be  inadver- 
tently installed  in  vehicles  or  seating  positions  other 
than  those  for  which  the  belts  were  designed  would  not 
differ,  depending  upon  the  type  of  vehicle  in  which  the 
djmamically  tested  belt  is  to  be  used.  The  proposal  to 
extend  the  same  labeling  requirements  that  currently 
apply  to  dynamically  tested  manual  belts  for  use  in  light 
trucks  to  dynamically  tested  manual  belts  for  use  in 
passenger  cars  was  an  effort  by  the  agency  to  ensure 
that  the  labeling  requirements  were  consistent. 

On  the  other  hand,  NHTSA  does  not  want  to  impose 
an  unnecessary  or  burdensome  labeling  requirement. 
The  agency  would  like  to  further  explore  the  idea  of 
addressing  the  inappropriate  installation  of  dynami- 
cally tested  manual  safety  belts  by  means  of  the  in- 


PART  209-PRE  57 


structions  already  required  to  be  furnished  with  safety 
belts  by  S4.1(k)  of  Standard  No.  209.  If  the  installa- 
tion instructions  were  required  to  set  forth  the  infor- 
mation currently  required  to  be  labeled  on  dynamically 
tested  manual  safety  belts,  it  would  seem  that  persons 
installing  replacement  safety  belts  would  always  have 
access  to  the  information,  just  as  they  would  if  the 
information  were  labeled  on  the  safety  belt.  The  only 
instances  in  which  information  might  not  be  available 
to  the  installer  would  be  if  the  installation  instructions 
were  lost  or  if  the  installer  was  removing  a  safety  belt 
from  one  vehicle  and  transferring  the  belt  to  another 
vehicle.  NHTSA  has  no  indications  that  either  of  these 
events  are  common  occurrences. 

To  allow  for  further  exploration  of  this  subject, 
NHTSA  plans  to  initiate  a  rulemaking  action  propos- 
ing to  require  that  the  information  currently  required 
to  be  labeled  on  dynamically  tested  manual  belts  for 
use  in  light  trucks  instead  be  required  to  be  provided 
in  the  installation  instructions  for  all  dynamically  tested 
safety  belts,  both  automatic  and  manual.  This  proposed 
requirement  would  apply  to  dynamically  tested  safety 
belts  for  use  in  both  passenger  cars  and  light  trucks. 

UntU  the  agency  has  completed  this  planned  rulemak- 
ing, it  would  be  premature  to  make  any  change  to  the 
existing  requirements  for  labeling  dynamically  tested 
safety  belts.  Hence,  the  labeling  requirements  for 
dynamically  tested  manual  belts  for  use  in  light  trucks 
that  are  now  in  place  will  remain  in  effect.  However 
this  final  rule  does  not  adopt  the  proposed  extension 
of  the  labeling  requirements  for  dynamically  tested 
light  truck  manual  safety  belts  to  also  cover  dynami- 
cally tested  manual  safety  belts  for  use  in  passenger 
cars. 

This  final  rule  operates  to  relieve  some  unintended 
restrictions  on  the  use  of  dynamically  tested  safety 
belts  by  adopting  regulatory  language  that  reflects  the 
agency's  intention,  as  expressed  in  preambles  of  vari- 
ous rules.  No  additional  duties  or  responsibilities  are 
imposed  on  any  party  as  a  result  of  these  modifications 
to  the  regulatory  language.  Accordingly,  NHTSA  finds 
for  good  cause  that  these  modifications  should  become 
effective  upon  publication  in  the  Federal  Register. 

Rulemaking  Analyses  and  Notices 
Executive  Order  12291  (Federal  Regulation)  DOT 
Regulatory  Policies  and  Procedures 

NHTSA  has  considered  the  impacts  of  this  rulemak- 
ing action  and  determined  that  it  is  neither  major 
within  the  meaning  of  Executive  Order  12291  nor 
significant  within  the  meaning  of  the  Department  of 
Transportation's  regulatory  policies  and  procedures. 
The  amendments  made  in  this  notice  will  give  manufac- 
turers additional  freedom  to  design  and  install  manual 
belts  in  any  way  that  ensures  adequate  protection 


for  the  user  in  the  event  of  a  crash.  To  the  extent  that 
the  former  language  in  Standards  No.  208  and  209  did      ^ 
not  accurately  reflect  the  agency's  intended  require-     fi 
ments  for  dynamically  tested  safety  belts,  the  former     "  ' 
language  imposed  some  insignificant,  but  unnecessary, 
costs  on  vehicle  manufacturers.  This  rule  eliminates 
those  needless  costs. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

(1)  S4.6  of  Standard  No.  208  is  amended  by  removing 
existing  sections  S4.6.1  and  S4.6.3,  redesignating  ex- 
isting S4.6.2  as  S4.6.1,  and  adding  new  sections  S4.6.2 
and  S4.6.3  to  read  as  follows: 

S4.6  Dynamic  testing  of  manual  belt  systems. 


54.6.2  Any  manual  seat  belt  assembly  subject  to  the 
requirements  of  S5.1  of  this  standard  by  virtue  of  any 
provision  of  this  standard  other  than  S4.1.2  l(cX2)  does 
not  have  to  meet  the  requirements  of  S4.2(a)-(f)  and 
S4.4  of  Standard  No.  209  (§  571.209). 

54.6.3  Any  manual  seat  belt  assembly  subject  to  the 
requirements  of  S5.1  of  this  standard  by  virtue  of 
S4. 1.2. 1(c)(2)  does  not  have  to  meet  the  elongation  re- 
quirements of  S4.2(c),  S4.4(aX2),  S4.4(b)(4),  and 
S4.4(b)(5)  of  Standard  No.  209  (§  571.209). 


§  571.209  [Amended] 

(2)  S4.5  of  Standard  No.  209  is  amended  by  revis- 
ing S4.5(b)  and  (c)  to  read  as  follows: 

S4.5  Load-limiter. 


(b)  A  seat  belt  assembly  that  includes  a  load  limiter 
and  that  does  not  comply  with  the  elongation  require- 
ments of  this  standard  may  be  installed  in  motor  vehi- 
cles at  any  designated  seating  position  that  is  subject 
to  the  requirements  of  S5.1  of  Standard  No.  208 
(§  571.208). 

(c)  A  seat  belt  assembly  that  includes  a  load  limiter 
and  that  does  not  comply  with  the  elongation  require- 
ments of  this  standard  shall  be  permanently  and  legi- 
bly marked  or  labeled  with  the  following  statement: 

This  seat  belt  assembly  is  for  use  only  in  [insert 
specific  seating  position(s),  e.g.,  "front  right"]  in 
[insert  specific  vehicles  make(s)  and  model(s)]. 
S4.6(a)  of  Standard  No.  209  is  revised  to  read  as 
follows: 

S4.6  Manual  belts  subiect  to  crash  protection  require- 
ments of  Standard  No.  208. 

(a)(1)  A  manual  seat  belt  assembly,  which  is  subject     ^| 
to  the  requirements  of  S5.1  of  Standard  No.  208  (49     ^ 
CFR  §  571.208)  by  virtue  of  any  provision  of  Standard 
No.  208  other  than  S4.1.2.1(cX2)  of  that  standard,  does 


PART  571;  S209-PRE  58 


I 


not  have  to  meet  the  requirements  of  S4.2(a)-(f)  and         Issued  on  April  10,  1991 
S4.4  of  this  standard. 

(2)  A  manual  seat  belt  assembly  subject  to  the  re- 
quirements of  S5.1  of  Standard  No.  208  (49  CFR 

§  571.208)  by  virtue  of  S4.1.2. 1(c)(2)  of  Standard  No.  jerry  Ralph  Curry 

208  does  not  have  to  meet  the  elongation  requirements  Administrator 

of  S4.2(c),  S4.4(a)(2),  S4.4(b)(4),  and  S4.4(b)(5)  of  this 

^'^"^^^^  56  F.R.  15295 

April  16,  1991 


PART  571;  S209-PRE  59-60 


(e)  Adjustment  force.  The  force  required  to 
decrease  the  size  of  a  seat  belt  assembly  shall  not 
exceed  11  pounds  or  5  kilograms  when  measured 
by  the  procedure  specified  in  S5.2(e). 

(f)  Tilt-lock  adjustment.  The  buckle  of  a  seat 
belt  assembly  having  tilt-lock  adjustment  shall  lock 
the  webbing  when  tested  by  the  procedure 
specified  in  S5.2(f )  at  an  angle  of  not  less  than  30 
degrees  between  the  base  of  the  buckle  and  the 
anchor  webbing. 

(g)  Bicckle  latch.  The  buckle  latch  of  a  seat  belt 
assembly  when  tested  by  the  procedure  specified  in 
S5.2(g)  shall  not  fail,  nor  gall  or  wear  to  an  extent 
that  normal  latching  and  unlatching  is  impaired, 
and  a  metal-to-metal  buckle  shall  separate  when  in 
any  position  of  partial  engagement  by  a  force  of 
not  more  than  5  pounds  or  2.3  kilograms. 

(h)  Nonlocking  retractor.  The  webbing  of  a  seat 
belt  assembly  shall  extend  from  a  nonlocking  retrac- 
tor within  0.25  inch  or  6  millimeters  of  maximum 
length  when  a  tension  is  applied  as  prescribed  in 
S5.2(h).  A  nonlocking  retractor  on  upper-torso 
restraint  shall  be  attached  to  the  nonadjustable  end 
of  the  assembly,  the  reel  of  the  retractor  shall  be 
easily  visible  to  an  occupant  while  wearing  the 
assembly,  and  the  maximimi  retraction  force  shall 
not  exceed  1.1  pounds  or  0.5  kilogram  in  any  strap 
or  webbing  that  contacts  the  shoulder  when 
measured  by  the  procedure  specified  in  S5.2(h), 
unless  the  retractor  is  attached  to  the  free  end  of 
webbing  which  is  not  subjected  to  any  tension  dur- 
ing restraint  of  an  occupant  by  the  assembly. 

(i)  Automatic-locking  retractor.  The  webbing 
of  a  seat  belt  assembly  equipped  with  an  automatic- 
locking  retractor,  when  tested  by  the  procedure 
specified  in  S5.2(i),  shall  not  move  more  than  1  inch 
or  25  millimeters  between  locking  positions  of  the 
retractor,  and  shall  be  retracted  with  a  force  under 
zero  acceleration  of  not  less  than  0.6  pound  or  0.27 
kilogram  when  attached  to  pelvic  restraint,  and 
not  less  than  0.45  pound  or  0.2  kilogram  nor  more 
than  1.1  pounds  or  0.5  kilogram  in  any  strap  or 
webbing  that  contacts  the  shoulder  of  an  occupant 
when  the  retractor  is  attached  to  upper-torso 
restraint.  An  automatic-locking  retractor  attached 
to  upper-torso  restraint  shall  not  increase  the 
restraint  on  the  occupant  of  the  seat  belt  assembly 
during  use  in  a  vehicle  traveling  over  rough  roads 
as  prescribed  in  S5.2(i). 

(j)  Emergency-locking  retractor.  An 
emergency-locking  retractor  of  a  Type  1  or  Type  2 


seat  belt  assembly,  when  tested  in  accordance  with 
the  procedures  specified  in  paragraph  S5.2(j)— 

(1)  Shall  lock  before  the  webbing  extends  1 
inch  when  the  retractor  is  subjected  to  an 
acceleration  of  0.7g; 

(2)  Shall  not  lock,  if  the  retractor  is  sensitive 
to  webbing  withdrawal,  before  the  webbing 
extends  2  inches  when  the  retractor  is  subjected 
to  an  acceleration  of  0.3g  or  less; 

(3)  Shall  not  lock,  if  the  retractor  is  sensitive 
to  vehicle  acceleration,  when  the  retractor  is 
rotated  in  any  direction  to  any  angle  of  15°  or 
less  from  its  orientation  in  the  vehicle; 

(4)  Shall  exert  a  retractive  force  of  at  least  0.6 
pound  under  zero  acceleration  when  attached 
only  to  the  pelgic  restraint; 

(5)  Shall  exert  a  retractive  force  of  not  less 
than  0.2  pound  and  not  more  than  1.1  pounds 
under  zero  acceleration  when  attached  only  to  an 
upper-torso  restraint; 

(6)  Shall  exert  a  retractive  force  of  not  less 
than  0.2  pound  and  not  more  than  1.5  pounds 
under  zero  acceleration  when  attached  to  a  strap 
or  webbing  that  restrains  both  the  upper  torso 
and  the  pelvis. 

(k)  Performance  of  retractor.  A  retractor  used 
on  a  seat  belt  assembly  after  subjection  to  the  tests 
specified  in  S5.2(k)  shall  comply  with  applicable 
requirements  in  paragraphs  (h)  to  (j)  of  this  section 
and  S4.4,  except  that  the  retraction  force  shall  be 
not  less  than  50  percent  of  its  original  retraction 
force. 

S4.4    Requirements  for  assembly  performance. 

(a)  Type  1  seat  belt  assembly.  Except  as  pro- 
vided in  S4.5,  the  complete  seat  belt  assembly  in- 
cluding webbing,  straps,  buckles,  adjustment  and 
attachment  hardware,  and  retractors  shall  comply 
with  the  following  requirements  when  tested  by 
the  procedures  specified  in  S5.3(a): 

(1)  The  assembly  loop  shall  withstand  a  force 
of  not  less  than  5,000  pounds  or  2,270  kilograms; 
that  is,  each  structural  component  of  the 
assembly  shall  withstand  a  force  of  not  less  than 
2,500  pounds  or  1,130  kilograms. 

(2)  The  assembly  loop  shall  extend  not  more 
than  7  inches  or  18  centimeters  when  subjected 
to  a  force  of  5,000  pounds  or  2,270  kilograms; 
that  is,  the  length  of  the  assembly  between 
anchorages  shall  not  increase  more  than  14 
inches  or  36  centimeters. 


PART  571;  S  209-5 


(3)  Any  webbing  cut  by  the  hardware  during 
test  shall  have  a  breaking  strength  at  the  cut  of 
not  less  than  4,200  pounds  or  1,910  kilograms. 

(4)  Complete  fracture  through  any  solid 
section  of  metal  attachment  hardware  shall  not 
occur  during  test. 

(b)  Type  2  seat  belt  assembly.  Except  as  pro- 
vided in  S4.5,  the  components  of  a  Type  2  seat  belt 
assembly  including  webbing,  straps,  buckles,  ad- 
justment and  attachment  hardware,  and  retractors 
shall  comply  with  the  following  requirements  when 
tested  by  the  procedure  specified  in  S5.3(b): 

(1)  The  structural  components  in  the  pelvic 
restraint  shall  withstand  a  force  of  not  less  than 
2,500  pounds  or  1,139  kilograms. 

(2)  The  structural  components  in  the  upper- 
torso  restraint  shall  withstand  a  force  of  not  less 
than  1,500  pounds  or  680  kilograms. 

(3)  The  structural  components  in  the  assembly 
that  are  common  to  pelvic  and  upper-torso 
restraints  shall  withstand  a  force  of  not  less  than 
3,000  pounds  or  1,360  kilograms. 

(4)  The  length  of  the  pelvic  restraint  between 
anchorages  shall  not  increase  more  than  20 
inches  or  50  centimeters  when  subjected  to  a 
force  of  2,500  pounds  or  1,130  kilograms. 

(5)  The  length  of  the  upper-torso  restraint 
between  anchorages  shall  not  increase  more 
than  20  inches  or  50  centimeters  when  subjected 
to  a  force  of  1,500  pounds  or  680  kilograms. 

(6)  Any  webbing  cut  by  the  hardware  during 
test  shall  have  a  breaking  strength  of  not  less 
than  3,500  pounds  or  1,590  kilograms  at  a  cut  in 
webbing  of  the  pelvic  restraint,  or  not  less  than 
2,800  pounds  or  1,270  kilograms  at  a  cut  in 
webbing  of  the  upper-torso  restraint. 

(7)  Complete  fracture  through  any  solid 
section  of  metal  attachment  hardware  shall  not 
occur  during  test. 

S4.5     Load-limiter. 

(a)  A  Type  1  or  Type  2  seat  belt  assembly  that  in- 
cludes a  load-limiter  is  not  required  to  comply  with 
the  elongation  requirements  of  S4.2(c),  S4. 4(a)(2), 
S4.4(b)(4)  or  S4.4(b)(5). 

(b)  lA  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elonga- 
tion requirements  of  this  standard  may  be  installed 
in  motor  vehicles  at  any  designated  seating  posi- 
tion that  is  subject  to  the  requirements  of  S5.1  of 
Standard  No.  208  (§  571.208). 

(c)  A  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elonga- 


tion requirements  of  this  standard  shall  be  per- 
manently and  legibly  marked  or  labeled  with  the 
following  statement: 
This  seat  belt  assembly  is  for  use  only  in  [insert 
specific  seating  position(s),  e.g.,  "front  right"]  in 
[insert  specific  vehicles  make(s)  and 
model(s)]  (56  F.R.  15295— April  16,  1991.  Effec- 
tive: April  16,  1991)J 

S4.6     Manual  belts  subject  to  crash  protection 
requirements  of  Standard  No.  208. 

[(a)(1)  A  manual  seat  belt  assembly,  which  is 
subject  to  the  requirements  of  S5.1  of  Standard 
No.  208  (49  CFR  §  571.208)  by  virtue  of  any  provi- 
sion of  Standard  No.  208  other  than  S4.1.2.1(cX2) 
of  that  standard,  does  not  have  to  meet  the  re- 
quirements of  S4.2(a)-(f)  and  S4.4  of  this  standard. 
(2)  A  manual  seat  belt  assemble  subject  to  the 
requirements  of  85. 1  of  Standard  No.  208  (49 
CFR  §  571.208)  by  virtue  of  S4.1.2. 1(c)(2)  of 
Standard  No.  208  does  not  have  to  meet  the 
elongation  requirements  of  S4.2(c),  S4.4(aX2), 
S4.4(b)(4),  and  S4.4(b)(5)  of  this  standard.  (56 
F.R.   15295— April   16,   1991.  Effective:  April   16, 
1991)1  A 

(b)  A  seat  belt  assembly  that  meets  the  re-  " 

quirements  of  4.6  of  Standard  No.  208  shall  be 
permanently  and  legibly  marked  or  labeled  with 
the  following  statement: 

This  dynamically-tested  seat  belt  assembly  is 
for   use    only    in   (insert    specific    seating 
position(s),   e.g.,   "front  right")  in  (insert 
specific  vehicle  make(s),  and  model(s))." 
Multipurpose  passenger  vehicles  and  trucks 
with  a  gross  vehicle  weight  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  must  comply  with  the  dynamic  testing  re- 
quirements ofS4.6  of  Standard  No.  208  beginning 
on  September  1,  1991.)\ 

S5.     Demonstration  procedures. 

S5.1     Webbing. 

(a)  Width.  The  width  of  webbing  from  three 
seat  belt  assemblies  shall  be  measured  after  con- 
ditioning for  at  least  24  hours  in  an  atmosphere 
having  relative  humidity  between  48  and  67  per- 
cent and  a  temperature  of  23°±2°C  or 
73.4°  ±3.6°  F.  The  tension  during  measurement 
of  width  shall  be  not  more  than  5  pounds  or  2 
kilograms  on  webbing  from  a  Type  1  seat  belt  ^ 

assembly,  and  2,200  ±100  pounds  or  1,000  ±50  M 

kilograms  on  webbing  from  a  Type  2  seat  belt  ^ 

assembly.  The  width  of  webbing  from  a  Type  2 
seat  belt  assembly  may  be  measured  during  the 


(Rev.  4/16/91) 


PART  571;  S  209-6 


breaking  strength  test  described  in  paragraph  (b) 
of  this  section. 

(b)  Breaking  strength.  Webbing  from  three 
seat  belt  assemblies  shall  be  conditioned  in  ac- 
cordance with  paragraph  (a)  of  this  section  and 
tested  for  breaking  strength  in  a  testing  machine 
of  capacity  verified  to  have  an  error  of  not  more 
than  one  percent  in  the  range  of  the  breaking 
strength  of  the  webbing  in  accordance  with 
American  Society  for  Testing  and  Materials 
E4-79,  "Standard  Methods  of  Load  Verification  of 
Testing  Machines." 


A     1  TO  2  INCHES  OR  2.5  TO  5  CENTIMETERS 
B    A  MINUS  0.06  INCH  0.15  CENTIMETER 

FIGURE  1 

The  machine  shall  be  equipped  with  split  drum 
grips  illustrated  in  Figure  1,  having  a  diameter 
between  2  and  4  inches  or  5  and  10  centimeters.  The 
rate  of  grip  separation  shall  be  between  2  and  4 
inches  per  minute  or  5  and  10  centimeters  per 
minute.  The  distance  between  the  centers  of  the 
grips  at  the  start  of  the  test  shall  be  between  4  and 
10  inches  or  10  and  25  centimeters.  After  placing 
the  specimen  in  the  grips,  the  webbing  shall  be 
stretched  continuously  at  a  uniform  rate  to  failure. 


Each  value  shall  be  not  less  than  the  applicable 
breaking  strength  requirement  in  S4.2(b),  but  the 
median  value  shall  be  used  for  determining  the 
retention  of  breaking  strength  in  paragraphs  (d), 
(e),  and  (f )  of  this  section. 

(c)  Elongation.  Elongation  shall  be  measured 
during  the  breaking  strength  test  described  in 
paragraph  (b)  of  this  section  by  the  followring 
procedure:  A  preload  between  44  and  55  pounds  or 
20  and  25  kilograms  shall  be  placed  on  the  webbing 
mounted  in  the  grips  of  the  testing  machine  and 
the  needle  points  of  an  extensometer,  in  which  the 
points  remain  parallel  during  test,  are  inserted  in 
the  center  of  the  specimen.  Initially  the  points  shall 
be  set  at  a  known  distance  apart  between  4  and  8 
inches  or  10  and  20  centimeters.  When  the  force  on 
the  webbing  reaches  the  value  specified  in  S4.2(c), 
the  increase  in  separation  of  the  points  of  the 
extensometer  shall  be  measured  and  the  percent 
elongation  shall  be  calculated  to  the  nearest  0.5 
percent.  Each  value  shall  be  not  more  than  the 
appropriate  elongation  requirement  in  S4.2(c). 

(d)  Resistance  to  abrasion.  The  webbing  from 
three  seat  belt  assemblies  shall  be  tested  for 
resistance  to  abrasion  by  rubbing  over  the  hexagon 
bar  prescribed  in  Figure  2  in  the  following  manner: 


A -WEBBING 

B— WEIGHT 

C  -  HEXAGONAL   ROD 

STEEL -SAE   51416 

ROCKWELL   HARDNESS- B-97  TO   B-101 

SURFACE -COLD   DRAWN    FINISH 

SIZE  -  0.250  ±  0.001    INCH   OR 
6.35  ±  0.03   MILLIMETER 

RADIUS  ON    EDGES -0.020  ±  0.004   INCH   OR 
0.5  ±  0.1    MILLIMETER 
D-DRUM    DIAMETER -16   INCHES  OR 

40  CENTIMETERS 
E- CRANK 
F- CRANK  ARM 
G- ANGLE   BETWEEN   WEBBING  -  85  ±  2   DEGS. 


(Rev.  4/16/91) 


PART  571;  S  209-7 


The  webbing  shall  be  mounted  in  the  apparatus 
shown  schematically  in  Figure  2.  One  end  of  the 
webbing  (A)  shall  be  attached  to  a  weight  (B)  which 
has  a  mass  of  5.2  ±0.1  pounds  or  2.35  ±0.05  kilo- 
grams, except  that  a  mass  of  3.3  ±0.1  pounds  or 
1.50  ±0.05  kilograms  shall  be  used  for  webbing  in 
pelvic  and  upper-torso  restraints  of  a  belt  assembly 
used  in  a  child  restraint  system.  The  webbing  shall 
be  passed  over  the  two  new  abrading  edges  of  the 
hexagon  bar  (C)  and  the  other  end  attached  to  an 
oscillating  drum  (D)  which  has  a  stroke  of  13  inches 
or  33  centimeters.  Suitable  guides  shall  be  used  to 
prevent  movement  of  the  webbing  along  the  axis  of 
hexagonal  bar  C.  Drum  D  shall  be  oscillated  for 
5,000  strokes  or  2,500  cycles  at  a  rate  of  60  ±2 
strokes  per  minute  or  30  ±  1  cycles  per  minute.  The 
abraded  webbing  shall  be  conditioned  as  prescribed 
in  paragraph  (a)  of  this  section  and  tested  for 
breaking  strength  by  the  procedure  described  in 
paragraph  (b)  of  this  section.  The  median  values 
for  the  breaking  strengths  determined  on  abraded 
and  unabraded  specimens  shall  be  used  to  calculate 
the  percentage  of  braking  strength  retained. 

(e)  Resistance  to  light.  [Webbing  at  least  20 
inches  or  50  centimeters  in  length  from  three  seat 
belt  assemblies  shall  be  suspended  vertically  on  the 
inside  of  the  specimen  rack  in  a  Type  E  carbon-arc 
light-exposure  apparatus  described  in  Standard 
Practice  for  Operating  Light-Exposure  Apparatus 
(Carbon-Arc  Type)  With  and  Without  Water  for 
Exposure  of  Nonmetallic  Materials,  ASTM 
Designation:  G23-81,  published  by  the  American 
Society  for  Testing  and  Materials,  except  that  the 
filter  used  for  100  percent  polyester  yarns  shall  be 
chemically  strengthened  soda-lime  glass  with  a 
transmittance  of  less  than  5  percent  for  wave 
lengths  equal  to  or  less  than  305  nanometers  and 
90  percent  or  greater  transmittance  for  wave 
lengths  of  375  to  800  nanometers.  The  apparatus 
shall  be  operated  without  water  spray  at  an  air 
temperature  of  60°  ±2  degrees  Celsius  or 
140°  ±3.6  degrees  Fahrenheit  measured  at  a  point 
1.0  ±0.2  inch  or  25  ±5  millimeters  outside  the 
specimen  rack  and  midway  in  height.  The 
temperature  sensing  element  shall  be  shielded 
from  radiation.  The  specimens  shall  be  exposed  to 
light  from  the  carbon  arc  for  100  hours  and  then 
conditioned  as  prescribed  in  paragraph  (a)  of  this 
section.  The  colorfastness  of  the  exposed  and  con- 
ditioned specimens  shall  be  determined  on  the 
Geometric  Gray  Scale  issued  by  the  American 
Association  of  Textile  Chemists  and  Colorists.  The 
breaking  strength  of  the  specimens  shall  be  deter- 


mined by  the  procedure  prescribed  in  paragraph  (b) 
of  this  section.  The  median  values  for  the  breaking 
strengths  determined  on  exposed  and  unexposed 
specimens  shall  be  used  to  calculate  the  percentage 
of  breaking  strength  retained.  (49  F.R.  36507— 
September  18,  1984.  Effective:  September  18,  1985)] 

(f)  Resistance  to  micro-organisms.  Webbing  at 
least  20  inches  or  50  centimeters  in  length  from 
three  seat  belt  assemblies  shall  first  be  precondi- 
tioned in  accordance  with  Appendix  A(l)  and  (2)  of 
American  Association  of  Textile  Chemists  and  Col- 
orists Test  Method  30-81,  "Fungicides  Evaluation 
on  Textiles;  Mildew  and  Rot  Resistance  of  Tex- 
tiles," and  then  subjected  to  Test  I,  "Soil  Burial 
Test"  of  that  test  method.  After  soil-burial  for  a 
period  of  2  weeks,  the  specimen  shall  be  washed  in 
water,  dried  and  conditioned  as  prescribed  in 
paragraph  (a)  of  this  section.  The  breaking 
strengths  of  the  specimens  shall  be  determined 
by  the  procedure  prescribed  in  paragraph  (b)  of  this 
section.  The  median  values  for  the  breaking 
strengths  determined  on  exposed  and  unexposed 
specimens  shall  be  used  to  calculate  the  percentage 
of  breaking  strength  retained. 

Note.— This  test  shall  not  be  required  on  webbing 
made  from  material  which  is  inherently  resistant 
to  micro-organisms. 

(g)  Colorfastness  to  crocking.  Webbing  from 
three  seat  belt  assemblies  shall  be  tested  by  the 
procedure  specified  in  American  Association  of 
Textile  Chemists  and  Colorists  Standard  Test 
Method  8-181,  "Colorfastness  to  Crocking: 
AATCC  Crockmeter  Method." 

(h)  Colorfastness  to  staining.  Webbing  from 
three  seat  belt  assemblies  shall  be  tested  by  the 
procedure  specified  in  American  Association  of 
Textile  Chemists  and  Colorists  (AATCC)  Standard 
Test  Method  107-1981,  "Colorfastness  to  Water," 
except  that  the  testing  shall  use  (1)  distilled  water, 
(2)  the  AATCC  perspiration  tester,  (3)  a  drying 
time  of  four  hours,  specified  in  section  7.4  of  the 
AATCC  procedure,  and  (4)  section  9  of  the  AATCC 
test  procedures  to  determine  the  colorfastness  to 
staining  on  the  AATCC  Chromatic  Transference 
Scale. 

S5.2     Hardware. 

(a)  Corrosion  resistance.  Three  seat  belt 
assemblies  shall  be  tested  in  accordance  with 
American    Society    for    Testing    and    Materials 


PART  571;  S  209-8 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  216 

Roof  Crush  Resistance 

(Docket  No.  89-22;  Notice  03) 

RIN:  2127-AC13 


ACTION:  Final  rule. 

SUMMARY:  This  notice  amends  Federal  Motor  Vehi- 
cle Safety  Standard  No.  216,  Roof  Crush  Resistance, 
to  extend  its  requirements  to  light  trucks  with  a  gross 
vehicle  weight  rating  (GVWR)  of  6,000  pounds  or  less. 
The  standard  currently  applies  to  passenger  cars  only. 
The  extension  is,  in  part,  a  response  to  the  increasing 
sales  of  light  trucks  and  the  increasing  use  of  those 
vehicles  to  transport  people  instead  of  or  in  addition 
to  property. 

NHTSA  proposed  to  extend  Standard  No.  216  to 
light  trucks  with  a  GVWR  of  10,000  pounds  or  less. 
However,  comments  on  the  proposal  raised  issues  con- 
cerning the  feasibility  of  extending  the  standard  to  light 
trucks  with  a  GVWR  between  6,000  and  10,000 
pounds.  NHTSA  will  investigate  those  issues  further 
and  may  possibly  conduct  future  rulemaking  concern- 
ing such  light  trucks.  This  final  rule  and  other  similar 
rulemakings  are  part  of  NHTSA's  effort  to  ensure  that 
occupants  of  light  trucks  are  adequately  protected. 

DATES:  The  amendments  made  by  this  final  rule  to 
the  Code  of  Federal  Regulations  are  effective  Septem- 
ber 1,  1993. 

SUPPLEMENTARY  INFORMATION: 

/.  Background 

Standard  No.  216  is  intended  to  reduce  deaths  and 
injuries  due  to  the  crushing  of  the  roof  into  the  pas- 
senger compartment  in  rollover  crashes.  The  standard 
currently  establishes  strength  requirements  for  the 
forward  portion  of  the  roof  (i.e.,  the  area  most  likely 
to  sustain  severe  damage  in  a  rollover  crash)  of  pas- 
senger cars,  to  increase  the  resistance  of  the  roof  to 
crush  and  intrusion. 

In  the  test  specified  by  Standard  No.  216,  the  roof 
of  a  stationary  vehicle  is  subjected  to  a  force  of  IV2 
times  the  unloaded  weight  of  the  vehicle  or  5,000 
pounds,  whichever  is  less.  This  force  is  gradually 


applied  by  a  rigid  test  device  in  a  static  test.  To  pass 
the  test,  the  roof  structure  must  be  strong  enough  so 
that  the  device  does  not  depress  more  than  five  inches 
during  the  test.  Standard  No.  216  currently  applies  to 
passenger  cars,  but  not  to  light  trucks,  for  the  reasons 
stated  in  NHTSA's  April  1988  light  truck  report  to 
Congress  entitled,  "Safety  Programs  for  Light  Trucks 
and  Multipurpose  Passenger  Vehicles": 

In  the  early  years  of  NHTSA's  existence,  the  regula- 
tory and  research  approach  was  based  on  a  clear 
distinction  between  the  design  and  intended  purpose 
of  passenger  cars  and  light  trucks.  Unlike  passenger 
cars,  light  trucks  were  designed  and  used  primarily 
as  cargo-carrying  vehicles  rather  than  as  people- 
carrying  vehicles.  In  addition,  because  light  trucks 
were  structurally  different  than  passenger  cars,  the 
agency  anticipated  that  occupants  of  light  trucks 
would  not  be  as  vulnerable  to  injuries  as  passenger 
car  occupants.  Also,  car  occupants  suffered  far  more 
deaths  and  injuries  than  did  occupants  of  light 
trucks.  Thus,  the  initial  standards  concentrated  on 
requirements  for  passenger  cars  so  that  the  agency 
could  reduce  deaths  and  injuries  in  those  vehicles. 

There  have  been  substantial  changes  in  the  number 
and  use  of  light  trucks.  In  1988,  light  trucks  captured 
approximately  29  percent  of  the  total  retail  sales  for 
cars  and  light  trucks.  Statistics  from  the  Federal  High- 
way Administration  show  that  light  truck  registrations 
in  1988  had  increased  25  percent  since  1982.  Travel 
by  2-axle,  4-tire  trucks,  which  closely  correspond  to  the 
class  of  vehicles  in  this  rulemaking,  has  increased  by 
over  250  percent  compared  to  1970.  From  1977  to 
1985,  the  percentage  of  light  trucks  in  the  compact 
category  increased  from  10.2  percent  to  52.6  percent. 

The  Census  Bureau's  "Truck  Inventory  and  Use 
Survey"  shows  that  the  percentage  of  pickup  truck  use 
for,  personal  transportation  purposes  increased  from 
51  percent  in  1967  to  66  percent  in  1982  and  that  the 
percentage  of  use  for  agricultural  purposes  decreased 
from  26  percent  to  12  percent  in  the  same  time  period. 


PART  571;  S216-PRE  7 


NHTSA  has  noted  that  the  greater  use  of  light  trucks 
as  passenger  carrying  vehicles  is  leading  to  increases 
in  the  number  of  light  trucks  and  vans  on  the  road,  the 
number  of  persons  transported  in  such  vehicles,  and 
consequently,  the  number  of  persons  exposed  to 
crashes  in  those  vehicles. 

On  November  2,  1989,  NHTSA  proposed  to  extend 
the  requirements  of  Standard  No.  216  to  light  trucks 
with  a  gross  vehicle  weight  rating  (GVWR)  of  10,000 
pounds  or  less.  (As  used  in  this  document,  the  term 
"light  trucks"  includes  trucks,  buses,  vans  and  other 
multipurpose  passenger  vehicles  (MPV's)  with  a  gross 
vehicle  weight  rating  (GVWR)  of  either  10,000  pounds 
or  less  or  6,000  pounds  or  less,  depending  upon  the 
context.)  The  proposal  was  part  of  NHTSA's  efforts 
to  ensure  that  occupants  of  light  trucks  are  adequately 
protected,  particularly  in  rollovers.  Under  the  proposal, 
light  trucks  would  have  been  required  to  withstand  a 
force  of  IV2  times  their  unloaded  weight.  Unlike  the 
force  applied  to  passenger  cars,  the  force  applied  to 
light  trucks  would  not  have  been  limited  by  a  5,000 
pound  maximum.  The  proposal  did  not  include  school 
buses  since  they  must  already  comply  with  roof  crush 
protection  requirements  in  Standard  No.  220,  School 
Bus  Rollover  Protection.  The  effective  date  for  this 
amendment  to  Standard  No.  216  would  have  been 
September  1,  1991. 

//.  Brief  Summary  of  Comments  on  Proposal 
The  public  comments  on  the  proposed  rule  are  briefly 
summarized  below.  NHTSA  more  fully  summarizes  and 
responds  to  those  comments  later  in  this  notice  and  in 
the  Final  Regulatory  Evaluation.  Some  of  the  com- 
ments supported  the  proposed  amendment  or  stated 
that  the  commenter  had  no  objection  to  the  proposal, 
while  others  opposed  certain  aspects  of  the  proposal. 
The  majority  of  commenters  suggested  that  the 
standard  not  be  extended  to  all  light  trucks  with  a 
GVWR  of  10,000  pounds  or  less.  Some  commenters 
opposed  the  extension  of  the  standard  to  vehicles  such 
as  vans,  van  conversions,  and  motor  homes.  Other  com- 
menters opposed  the  extension  to  vehicles  over  a  cer- 
tain GVWR  (e.g.,  8,500  pounds,  6,000  pounds,  or  5,500 
pounds).  One  commenter  opposed  extension  of  the  stan- 
dard to  commercial  and  vocational  trucks  produced  in 
two  or  more  stages  and  designed  to  carry  cargo  or 
work-related  equipment.  This  commenter  and  others 
discussed  certification  problems  that  they  believed 
would  be  experienced  by  final-stage  manufacturers  as 
a  result  of  extending  the  standard. 

A  number  of  commenters  urged  that  the  roof  crush 
test  force  for  light  trucks  be  subject  to  the  same  5,000 
pound  limit  that  currently  applies  to  the  test  for  pas- 
senger cars.  Some  commenters  suggested  that  NHTSA 
adopt  a  test  force  of  the  lesser  of  5,000  pounds  or  the 
GVWR  of  the  light  truck. 


Some  commenters  suggested  that  NHTSA  adopt  the 
roof  crush  test  of  Standard  No.  220,  School  Bus  Roll- 
over Protection,  for  certain  light  trucks  or  otherwise     ^ 
modify  the  proposed  roof  crush  procedure  to  take  into     '  ' 
account  special  characteristics  and  features  of  motor 
homes,  vans,  and  van  conversions. 


///.  Summary  of  the  Final  Rule 
After  considering  the  comments  and  other  available 
information,  NHTSA  has  decided  to  adopt  its  proposal 
to  extend  Standard  No.  216  to  light  trucks,  but  to  do 
so  in  a  way  that  differs  in  two  significant  respects  from 
that  proposal.  The  GVWR  limitation  on  the  affected 
vehicles  is  6,000  pounds  instead  of  the  proposed  10,000 
pound  cut-off.  In  addition,  this  amendment  to  the  stan- 
dard is  effective  September  1,  1993,  rather  than  the 
proposed  date  of  September  1,  1991.  The  final  rule  es- 
tablishes the  same  test  procedure  as  proposed.  Below, 
NHTSA  discusses  in  greater  detail  the  contents  of  the 
final  rule  and  the  reasons  for  its  adoption. 

IV.  Safety  Need 

NHTSA  stated  in  the  proposal  that  there  has  been 
a  convergence  between  light  trucks  and  passenger  cars, 
both  in  their  structure  (with  many  trucks  in  the  com- 
pact size  range)  and  in  their  use  (with  many  trucks  used 
for  personal  transportation  rather  than  cargo).  NHTSA  ^ 
believed  that  these  changes  point  strongly  toward  the  m 
need  to  reevaluate  the  standards  applicable  to  light 
trucks.  NHTSA  has  responded  to  these  changes 
regarding  light  trucks  by  evaluating  the  degree  to 
which  occupant  safety  in  light  trucks  can  be  improved 
through  the  extension  of  existing  passenger  car  stand- 
ards to  those  vehicles.  In  conducting  this  evaluation, 
NHTSA  was  mindful  that  it  is  required  by  the  National 
Traffic  and  Motor  Vehicle  Safety  Act  to  ensure  that 
each  standard  is  appropriate  for  the  vehicle  type  to 
which  it  applies. 

In  the  case  of  Standard  No.  216,  the  agency  observed 
a  significantly  greater  incidence  of  rollover  crashes  per 
registered  vehicle  for  light  trucks  than  for  passenger 
cars.  NHTSA  stated  in  the  proposal  that  rollover  pro- 
tection requirements  are  especially  important  for  light 
trucks  in  view  of  traffic  crash  data  which  show  that 
the  light  truck  fatality  rate  (per  registered  vehicle)  in 
rollovers  is  approximately  twice  that  for  passenger 
cars. 

General  Motors  Corporation  (GM),  while  not  oppos- 
ing an  extension  of  Standard  No.  216  to  light  trucks 
with  a  GVWR  of  8,500  pounds  or  less,  disagreed  with 
NHTSA's  analysis  of  the  safety  need  for  the  proposal. 
GM  believes  that  studies  have  demonstrated  the  lack  M 
of  a  causal  relationship  between  roof  crush  and  oc-  ^ 
cupant  injury  in  rollover  accidents.  According  to  GM, 
occupant  injury  causation  in  rollovers  results  primarily 


PART  571;  S216-PRE  8 


from  ejection  or  occupant  impact  with  the  vehicle 

interior.  According  to  GM,  the  most  effective  method 

\      to  mitigate  injury  in  rollovers  is  for  occupants  to  use 

y      occupant  restraints  properly. 

NHTSA  agrees  that  a  principal  cause  of  the  high 
fatality  rate  in  light  truck  rollover  crashes  is  occupant 
ejection.  Over  two-thirds  of  the  light  truck  occupants 
killed  in  rollover  accidents  are  ejected  from  the  vehi- 
cle. NHTSA  believes  that  the  number  of  fatalities  in 
rollovers  can  be  reduced  by  reducing  the  number  of 
occupants  ejected  in  such  crashes  through  increasing 
the  use  of  safety  belts.  However,  efforts  to  increase 
occupant  safety  through  the  increased  use  of  safety 
belts  can  only  be  beneficial  if  those  benefits  are  not 
negated  by  collapse  of  the  passenger  compartment  in 
a  rollover  crash.  NHTSA  believes  that  amending 
Standard  No.  216  to  set  requirements  for  light  trucks 
to  prevent  collapse  of  the  passenger  compartment  will 
complement  regulatory  and  other  actions  directed 
toward  reducing  ejections  in  rollovers. 

The  Insurance  Institute  for  Highway  Safety  (IIHS) 
agreed  with  NHTSA  concerning  the  safety  need  for 
extending  the  requirements  of  Standard  No.  216  to 
light  trucks.  According  to  IIHS,  light  trucks  are  dis- 
proportionately involved  in  fatal  rollover  accidents. 
IIHS  stated  that,  in  1988,  the  death  rate  in  single 
vehicle  crashes  for  small  pickups  (weight  less  than 
\       3,500  pounds)  was  twice  the  overall  average  for 

P/  vehicles  (1.9  compared  to  0.9).  According  to  IIHS, 
rollover  was  involved  in  39  percent  of  these  crashes. 
IIHS  stated  that  for  small  utility  vehicles  (wheelbase 
less  than  100  inches),  the  death  rate  was  again  twice 
the  overall  average  (2.1  compared  to  0.9)  and  rollover 
crashes  were  involved  in  65  percent  of  the  deaths. 
According  to  IIHS,  the  safety  need  for  the  extension 
of  the  standard  is  further  demonstrated  by  NHTSA's 
analysis  showing  crush  intrusion  is  greater  for  light 
trucks  than  for  passenger  cars. 

Other  commenters  questioned  the  need  to  extend  the 
standard  to  certain  types  or  sizes  of  light  trucks. 
NHTSA  responds  to  those  comments  in  Part  V  below. 

V.  Vehicle  Population 
NHTSA  proposed  that  Standard  No.  216  be  extended 
to  light  trucks  having  a  GVWR  of  10,000  pounds  or 
less.  The  NPRM  specifically  requested  comment  on  the 
effects  of  limiting  the  extension  to  light  trucks  with 
a  GVWR  of  8,500  pounds  or  less  and  the  impact  of 
these  different  GVWR  cut-offs  on  final-stage  manufac- 
turers and  alterers. 
Volvo  Cars  of  North  America  (Volvo)  explicitly  sup- 
\      ported  the  extension  of  the  standard  to  light  trucks  up 
[J     to  10,000  pounds  GVWR.  In  addition,  Nissan  Research 
and    Development,    Inc.    (Nissan),    Volkswagen    of 
America,    Inc.    (Volkswagen),    and    the    Insurance 


Institute  for  Highway  Safety  (IIHS)  implicitly  sup- 
ported such  an  extension  since  they  supported  the  pro- 
posed rule  without  reservation. 

Other  commenters  did  not  support  extending  the 
standard  as  proposed.  Some  suggested  extending  it 
only  to  light  trucks  with  a  certain  GVWR  (i.e.,  8,500 
pounds,  6,000  pounds,  or  5,500  pounds),  while  others 
suggested  extending  it  only  to  certain  types  of  light 
trucks.  GM  and  Ford  Motor  Company  (Ford)  supported 
extension  of  the  standard  only  to  light  trucks  with  a 
GVWR  of  8,500  pounds  or  less.  The  Recreation  Vehicle 
Industry  Association  (RVIA)  urged  NHTSA  to  exclude 
motor  homes,  vans,  and  van  conversions  from  the 
standard.  If  those  types  of  vehicles  are  not  generally 
excluded,  RVIA  urged  NHTSA  to  exclude  those  that 
have  a  GVWR  of  more  than  6,000  pounds.  A  number 
of  individual  companies  made  similar  comments  and 
one,  Kentron,  Inc.,  suggested  a  cut-off  of  5,500  pounds 
GVWR.  The  National  Truck  Equipment  Association 
(NTEA)  supported  the  extension  of  Standard  No.  216 
to  light  trucks  used  as  passenger  vehicles,  but  opposed 
extension  to  commercial  and  vocational  light  trucks 
produced  in  two  or  more  stages  and  designed  to  carry 
cargo  or  work-related  equipment.  NTEA  stated  that 
if  NHTSA  does  not  exclude  such  light  trucks  from  the 
standard,  extending  the  standard  only  to  light  trucks 
with  a  GVWR  of  8,500  pounds  or  less  would  proAnde 
significant  relief,  compared  to  the  proposal. 

NHTSA  has  decided  to  extend  the  requirements  of 
Standard  No.  216  to  light  trucks  with  a  GVWR  of  6,000 
pounds  or  less  in  this  rulemaking.  NHTSA  needs 
additional  time  to  assess  the  feasibility  of  applying  the 
standard  to  light  trucks  with  higher  GVWR's.  NHTSA 
may  address  these  light  trucks  in  possible  future 
rulemaking. 

NHTSA  is  covering  all  types  of  light  trucks  in  the 
final  rule,  with  the  exception  of  school  buses,  which  are 
already  covered  by  Standard  No.  220.  Thus,  NHTSA 
did  not  follow  the  suggestions  of  some  commenters  to 
exclude  certain  types  of  light  trucks  from  the  rule. 
NHTSA  believes  that  the  concerns  raised  by  these 
commenters  about  the  practicality  of  the  requirements 
will  be  adequately  addressed  by  extending  the  standard 
only  to  cover  light  trucks  with  a  GVWR  of  6,000  pounds 
or  less  in  this  rulemaking.  The  types  of  vehicles  that 
commenters  thought  should  be  excluded  from  the 
standard  generally  have  a  GVWR  greater  than  6,000 
pounds  and  are  thus  excluded  by  this  limit. 

As  mentioned  above,  NTEA  suggested  excluding 
certain  vehicles  produced  in  two  or  more  stages  from 
Standard  No.  216.  NTEA  claimed  that  NHTSA  "has 
not  established  .  .  .  that  the  rollover  accident  fatality 
or  injury  rate  for  commercial  or  vocational  trucks 
produced  in  two  or  more  stages  warrants  the  imposi- 
tion of  expensive  and  burdensome  testing  require- 
ments." In  the  Final  Regulatory  Impact  Analysis, 


PART  571;  S216-PRE 


NHTSA  has  analyzed  the  potential  safety  benefits  of 
this  final  rule.  However,  NHTSA  disagrees  with  the 
premise  that  the  agency  must  quantify  the  magnitude 
of  the  safety  problem  and  the  safety  benefits  gained 
through  adoption  or  extension  of  a  safety  standard  for 
every  conceivable  subclass  of  a  particular  type  of 
vehicle.  NTEA  apparently  believes  that  NHTSA  must 
demonstrate  through  analysis  of  crash  data  that  there 
is  a  safety  need  to  protect  occupants  of  every  conceiv- 
able subclass  of  light  truck  (e.g.,  tow  trucks,  ambu- 
lances, bread  delivery  vehicles,  public  utility  vehicles, 
snow  plows,  dump  trucks,  etc.).  Crash  data  broken 
down  by  such  discrete  subclasses  of  light  trucks  are  not 
available.  Even  Lf  such  detailed  data  were  avaOable,  the 
data  cells  would  likely  be  too  small  to  draw  statistically 
valid  conclusions. 

However,  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  does  not  require  this  degree  of  specificity. 
Section  103(fX3)  of  the  Safety  Act  requires  that  a  safety 
standard  be  "appropriate  for  the  particular  type  of 
motor  vehicle  ...  for  which  it  is  prescribed."  In  49 
CFR  571.3,  NHTSA  has  defined  the  types  of  motor 
vehicles  and,  for  this  rulemaking,  the  relevant  vehicle 
types  include  trucks,  multi-purpose  passenger  vehicles 
(MPV's),  and  buses  with  a  GVWR  of  6,000  pounds  or 
less.  NTEA's  assertion  that  vehicles  manufactured  in 
more  than  one  stage  constitute  a  separate  type  of 
vehicle  is  not  substantiated  and  runs  counter  to  the 
Safety  Act's  legislative  history.  The  Senate  Report 
states  that  differences  in  safety  standards  "would  be 
based  on  the  type  of  vehicle  rather  than  its  place  of 
origin  or  any  special  circumstances  of  its  manufacture." 
S.  Rep.  No.  1301  (89th  Cong.,  2d  Sess.)  at  6. 

In  its  comments,  NTEA  did  not  explain  how  its 
members'  vehicles  either  offer  improved  roof  crush 
protection  or  why  the  occupants  of  such  vehicles  do  not 
require  such  protection.  NTEA  provided  no  data  or 
even  anecdotal  information  to  support  its  position  that 
the  extension  of  Standard  No.  216  to  vehicles  manufac- 
tured by  its  members  is  not  necessary.  Since  these 
vehicles  are  driven  on  the  same  roads  and  at  the  same 
times  as  other  light  trucks,  they  are  subject  to  the  same 
safety  risks  as  other  light  trucks,  absent  some  special 
vehicle  characteristic  that  would  reduce  such  risks. 
Indeed,  the  risk  to  occupants  of  many  vehicles  produced 
by  NTEA  members  may  even  exceed  that  to  occupants 
of  other  light  trucks.  For  example,  occupants  of  vehi- 
cles used  for  emergency  or  rescue  purposes  (e.g., 
ambulances  and  tow  trucks)  may  be  at  greater  risk  than 
occupants  of  other  light  trucks. 

NTEA  argues  that  because  vehicles  manufactured 
by  its  members  are  not  intended  to  transport  pas- 
sengers and  because  they  "are  driven  by  professionals 
who  are  more  likely  to  be  aware  of  the  benefits  derived 
by  safety  belt  use,"  there  is  less  safety  need  to  apply 
Standard  No.  216  to  such  vehicles.  First,  NTEA  sub- 


mitted no  information  showing  that  drivers  of  light 
trucks  manufactured  by  its  members  are  more  likely 
to  use  safety  belts.  In  fact,  overall  safety  belt  use  is 
lower  for  light  truck  drivers  than  for  passenger  car 
drivers.  Second,  as  discussed  above,  efforts  to  increase 
occupant  safety  through  increased  use  of  safety  belts 
can  only  be  beneficial  if  those  benefits  are  not  negated 
by  collapse  of  the  passenger  compartment  in  a  rollover 
crash.  Thus,  the  extension  of  Standard  No.  216  to  the 
light  trucks  manufactured  by  NTEA's  members  will 
complement  efforts  to  reduce  ejections  by  increased  use 
of  safety  belts.  Third,  many  light  trucks  manufactured 
by  NTEA's  members  typically  have  passengers. 
Examples  of  such  vehicles  include  ambulances  (where 
an  injured  or  ill  person  and  a  medical  technician  are 
typical  passengers),  tow  trucks  (where  the  disabled 
vehicle's  driver  is  a  typical  passenger),  and  utility 
vehicles  (which  often  have  a  two-person  crew).  Fourth, 
even  if  a  light  truck  does  not  typically  have  passengers, 
NHTSA  is  still  concerned  about  the  risk  to  the  driver. 
Indeed,  70  percent  of  all  fatalities  in  light  truck  crashes 
are  drivers.  Finally,  NTEA  does  not  show  that  light 
trucks  manufactured  by  its  members  are  somehow 
safer  because  their  drivers  are  "professionals."  NTEA 
submitted  no  information  about  any  special  training  or 
licensing  requirements  for  operators  of  such  light 
trucks  and  NHTSA  is  not  aware  of  any  such  require- 
ments. 

Further,  there  is  a  legal  issue  concerning  whether 
NHTSA  is  able  to  exclude  vehicles  produced  in  two  or 
more  stages  from  Standard  No.  216.  The  court  stated 
in  Chrysler  Corp.  v.  Dept.  of  Transportation  that  any 
differences  between  standards  for  different  classes  of 
vehicles  are  to  "be  based  on  type  of  vehicle  rather  than 
its  place  of  origin  or  any  special  circumstances  of  its 
manufacturer."  472  F.2d  659,  679  (6th  Cir.  1972). 
Thus,  under  this  decision,  NHTSA  may  not  exclude 
vehicles  from  Standard  No.  216  simply  because  they 
are  manufactured  in  two  or  more  stages.  NHTSA 
acknowledges  that  a  recent  decision  in  National  Truck 

Equipment  Association  v.  NHTSA, F.2d (6th 

Cir.  1990),  seems  to  indicate  that  NHTSA  does  have 
authority  to  exclude  commercial  vehicles  manufactured 
in  two  or  more  stages  from  coverage  under  a  safety 
standard.  However,  even  if  authority  can  be  found  in 
the  statute  for  such  an  approach,  NHTSA  does  not 
believe  that  the  approach  would  be  appropriate  here. 
NHTSA  believes  that  the  occupants  of  light  trucks 
manufactured  in  two  or  more  stages  should  be  provided 
the  same  protection  against  roof  crush  as  occupants 
of  other  light  trucks.  In  Unit  VII  below,  NHTSA 
discusses  ways  that  final-stage  manufacturers  and  al- 
terers  may  comply  with  Standard  No.  216. 

NHTSA  also  received  a  comment  from  Chrysler  stat- 
ing that  it  considers  the  Jeep  Wrangler,  which  is 
designed  as  an  open-body  vehicle,  to  be  a  convertible, 


PART  571;  S216-PRE  10 


and  thus  excluded  from  Standard  No.  216.  More 
recently,  Chrysler  submitted  a  request  for  a  rule 
interpretation  on  the  same  issue.  Convertibles  are 
excluded  from  Standard  No.  216.  NHTSA  has  defined 
"open-body  type  vehicle"  to  mean  "a  vehicle  having 
no  occupant  compartment  top  or  an  occupant  compart- 
ment top  that  can  be  installed  or  removed  by  the  user 
at  his  convenience."  49  CFR  571.3.  In  many  previous 
interpretations  and  preambles,  NHTSA  has  defined 
convertible  as  "a  vehicle  whose  A-pillar  or  windshield 
peripheral  support  is  not  joined  at  the  top  with  the 
B-pillar  or  another  rear  roof  support  rearward  of  the 
B-pillar  by  a  fixed  rigid  structural  member."  As  the 
terms  are  defined  by  NHTSA,  "open-body  type  vehi- 
cles" are  a  subset  of  the  class  of  vehicles  considered 
"convertibles."  Thus,  if  the  Jeep  Wrangler  is  an  "open- 
body  type  vehicle,"  as  stated  by  Chrysler,  that  vehicle 
would  also  be  considered  a  "convertible"  for  purposes 
of  the  safety  standards. 

VI.  Test  Procedure 
The  final  rule  establishes  the  same  test  procedure  as 
proposed.  The  final  rule  requires  that  the  roof  of  a  light 
truck  covered  by  the  standard  be  able  to  sustain  a 
displacement  of  no  more  than  five  inches  when  a  force 
of  IV2  times  the  vehicle's  unloaded  weight  is  applied 
to  either  side  of  the  forward  edge  of  the  vehicle's  roof. 
The  test  is  the  same  as  the  one  currently  required  for 
passenger  cars,  with  one  exception.  For  light  trucks 
under  this  rule,  there  is  no  5,000  pound  ceiling  for  the 
roof  crush  test  force  as  there  is  for  passenger  cars. 

A.  Roof  Crush  Test  Force 

NHTSA  received  a  number  of  comments  concerning 
the  proposed  roof  crush  test  force.  Nissan  commented 
that  it  did  not  oppose  elimination  of  the  5,000  pound 
test  force  limit.  GM,  Chrysler,  Ford,  RVIA,  NTEA, 
Sherrod  Vans,  Inc.  (Sherrod),  and  Kentron  opposed 
elimination  of  the  5,000  pound  test  force  Hmit.  Chrys- 
ler asserted  that  the  elimination  of  the  5,000  pound 
limit  would  make  the  test  more  stringent  for  light 
trucks  than  for  passenger  cars  and  that  NHTSA  did 
not  justify  the  need  for  this.  Ford  and  NTEA  thought 
that  the  elimination  of  the  5,000  pound  test  force  limit 
would  burden  final-stage  manufacturers.  GM  suggested 
that  requiring  a  test  force  equal  to  the  GVWR  of  the 
light  truck,  with  a  5,000  pound  limit,  would  simplify 
validation  testing.  RVIA,  Sherrod,  and  Kentron  also 
supported  requiring  a  test  force  equal  to  the  GVWR 
of  the  vehicle,  with  a  5,000  pound  limit. 

After  considering  the  comments,  NHTSA  has 
decided  to  adopt  the  proposed  roof  crush  test  force 
requirements.  The  requirements  are  the  same  as  for 
passenger  cars,  except  that  the  5,000  pound  roof  crush 
force  ceiling  is  not  adopted  for  light  trucks.  NHTSA 


believes  that  to  adopt  a  standard  for  light  trucks  that 
is  equivalent  to  that  for  passenger  cars,  it  cannot  adopt 
the  5,000  pound  ceiling  currently  allowed  for  passenger 
cars.  Only  a  small  portion  of  passenger  cars  currently 
weigh  enough  to  take  advantage  of  the  5,000  pound 
ceiling.  They  are  generally  heavier  cars  with  low 
rollover  rates.  Because  trucks  are  generally  much 
heavier  as  a  group,  a  large  portion  of  the  light  truck 
population,  which  does  have  a  high  rollover  rate,  would 
have  been  able  to  comply  using  the  5,000  pound  ceil- 
ing that  applies  for  passenger  cars.  Since  nearly  all  pas- 
senger cars  must  comply  with  Standard  No.  216  at  a 
force  IV2  times  their  unloaded  weight,  allowing  light 
trucks  to  utilize  the  5,000  pound  ceiling  would  estab- 
lish a  weaker  standard  for  light  trucks  than  for  pas- 
senger cars. 

NHTSA  did  not  adopt  the  GM  suggestion  to  have  the 
test  force  equal  the  GVWR  of  the  light  truck  because 
that  was  outside  the  scope  of  the  proposal.  However, 
NHTSA  will  consider  whether  it  is  appropriate  to  pro- 
pose such  a  change  and  may  address  this  as  part  of  the 
le  future  rulemaking  discussed  above. 


B.  Other  Aspects  of  the  Test  Procedure 
In  addition  to  comments  on  the  roof  crush  force, 
NHTSA  also  received  a  number  of  comments  on  other 
aspects  of  the  roof  crush  test  procedure.  RVIA  sug- 
gested that  NHTSA  modify  the  roof  crush  test  proce- 
dures to  take  into  account  special  characteristics  and 
features  of  motor  homes,  vans,  and  van  conversions. 
Other  commenters  made  similar  suggestions.  Ford 
questioned  the  need  for  a  five-inch  roof  crush  limita- 
tion for  vehicles  wath  full  standing  headroom  and 
suggested  that  NHTSA  consider  relating  the  maximum 
roof  crush  requirement  to  the  occupant  space  availa- 
ble. Other  commenters  made  similar  suggestions. 
Grumman  Olsen  (Grumman)  suggested  that  the  test 
procedure  in  Standard  No.  220,  School  Bus  Rollover 
Protection,  would  be  more  appropriate  for  walk-in  vans 
and  cargo  vans.  Mark  III  Industries  (Mark  III)  suggest- 
ed that  the  test  procedures  of  Standard  No.  220  would 
be  more  appropriate  for  van  conversions.  Mark  III 
asserted  that  the  Standard  No.  216  procedure  tests  the 
integrity  of  the  original  equipment  manufacturer's 
chassis,  rather  than  the  structural  integrity  of  the 
raised  roof  installed  by  the  van  converter.  Mark  III 
further  asserted  that  the  Standard  No.  220  procedure 
tests  the  integrity  of  the  raised  roof  as  well  as  the 
structural  integrity  of  the  chassis.  Ford  suggested  that 
the  test  procedure  specified  in  the  current  Standard 
No.  216  could  place  the  test  platen  at  the  comer  of  the 
cargo  box  in  some  vehicles  and  over  the  rear  raised  roof 
section  in  some  other  vehicles.  Other  commenters 
stated  that  it  may  be  difficult  to  follow  the  current  test 
procedure  on  some  vehicle  roofs  that  have  been  altered. 
Ford  suggested  an  amendment  to  the  standard  to 
specify  the  positioning  of  the  test  platen  differently. 


PART  571;  S216-PRE  11 


NHTSA  believes  that  all  of  the  above  issues  raised 
by  commenters,  concerning  alternative  test  procedures 
and  requirements,  merit  further  consideration  by  the 
agency.  However,  based  on  other  information  sub- 
mitted by  commenters,  the  agency  believes  that  these 
issues  are  significant  primarily  for  light  trucks  with  a 
GVWR  of  over  6,000  pounds.  Therefore,  NHTSA  is  not 
adopting  any  changes  in  the  test  procedure  as  part  of 
this  rulemaking.  However,  NHTSA  will  analyze  these 
issues  further  and  may  decide  to  propose  amendments 
to  the  test  procedure  as  part  of  the  possible  future 
rulemaking  discussed  above. 

Ford  also  suggested  that  NHTSA  clarify  the  mean- 
ing of  section  S6.1  of  Standard  No.  216  as  it  will  apply 
to  light  trucks.  Section  S6.1  currently  states:  "Place 
the  sills  or  the  chassis  frame  of  the  vehicle  on  a  rigid 
horizontal  surface.  ..." 

Ford  believes  that  at  least  some  light  trucks  should 
be  tested  while  supported  at  the  sills,  rather  than  the 
chassis  frame.  Many  light  trucks  have  a  narrow  frame. 
Ford  found  that  when  some  light  truck  models  covered 
by  this  final  rule  were  tested  with  the  chassis  frame 
mounted,  there  was  an  elastic  deformation  of  the 
rubber  body  mounts  of  the  vehicle.  When  the  same  light 
trucks  were  tested  with  the  sills  mounted,  there  was 
no  such  deformation.  Ford  believes  that  testing  these 
light  trucks  with  the  sills  mounted  is  in  keeping  with 
the  intent  of  Standard  No.  216  (i.e.,  to  measure  roof 
crush  resistance).  However,  testing  these  light  trucks 
with  the  chassis  frame  mounted  may  not  provide  a  good 
indication  of  roof  crush  strength  since  the  test  pro- 
cedure would  also  cause  deformation  of  the  rubber  body 
mounts. 

NHTSA  agrees  with  Ford  that,  in  at  least  some 
cases,  it  is  best  to  test  light  trucks  with  the  sills,  rather 
than  the  chassis  frame,  mounted  on  the  rigid  horizon- 
tal surface.  This  approach  may  best  test  the  roof  crush 
strength  of  a  light  truck.  NHTSA  intends  to  conduct 
its  compliance  testing  of  light  trucks  with  the  sills 
mounted. 

VII.  Leadtime 

NHTSA  proposed  that  Standard  No.  216  be  extend- 
ed to  light  trucks  effective  September  1,  1991.  NHTSA 
tentatively  concluded  in  the  proposal  that  the 
widespread  voluntary  compliance  with  the  require- 
ments of  Standard  No.  216  by  manufacturers  of  light 
trucks  demonstrated  the  availability  of  the  engineer- 
ing and  manufacturing  resources  needed  to  implement 
the  rule  by  the  proposed  effective  date. 

NHTSA  received  a  number  of  comments  concerning 
leadtime.  IIHS  considered  the  proposed  leadtime  to  be 
adequate.  Chrysler  stated  that  it  could  comply  with  a 
rule  extending  the  current  requirements  for  passenger 
cars  in  Standard  No.  216  to  light  trucks  by  September 


1,  1991,  if  the  final  rule  was  promulgated  by  July  1, 
1990.  However,  Chrysler  stated  that  it  would  have  to 
redesign  and  retool  the  A-pillar,  roof  rail,  and  other  djT' 
related  body  components  on  most  of  its  light  trucks  to  ^i 
comply  with  the  proposed  requirements.  Chrysler 
further  stated  that  it  would  need  at  least  two  years 
following  publication  of  the  final  rule  to  comply  with 
the  proposed  requirements.  Ford  commented  that  all 
of  its  light  trucks  with  a  GVWR  of  8,500  pounds  or  less 
would  meet  the  proposed  requirements.  However, 
some  of  Ford's  light  trucks  with  a  GVWR  over  8,500 
pounds  would  not  meet  the  proposed  requirements. 
NTEA  commented  that  if  the  8,500  pound  GVWR 
threshold  were  adopted  and  multi-stage  work-related 
vehicles  were  included,  multi-stage  manufacturers 
would  need  at  least  six  months  additional  leadtime  than 
that  provided  to  manufacturers  of  incomplete  vehicles. 
NTEA  stated  that  final  and  intermediate  stage 
manufactm-ers  can  begin  their  design  efforts  for  com- 
pliance with  a  safety  standard  only  after  a  vehicle 
model  is  introduced  and  the  chassis  manufacturer's 
guidelines  for  completing  the  vehicle  are  published. 

GM  commented  that  there  was  no  reasonable  basis 
for  NHTSA  to  conclude  in  the  proposal  that  the  major- 
ity of  light  trucks  already  met  the  requirements  of  the 
proposed  rule.  GM  stated  that  light  trucks  with  a 
GVWR  over  8,500  pounds  would  have  more  difficulty 
complying  with  the  proposal  if  it  were  adopted.  yflj 

After  the  close  of  the  comment  period,  GM  submit-  ^ 
ted  information  indicating  that  three  of  its  current  light 
truck  model  lines  may  not  be  in  compliance  with  the 
proposed  requirements  of  Standard  No.  216.  Accord- 
ing to  GM,  these  three  model  lines  did  not  demonstrate, 
in  their  limited  testing,  the  required  margin  of  compli- 
ance necessary  to  account  for  test  variability  and 
product  variability.  GM  considers  such  a  performance 
margin  essential  to  ensure  that  each  vehicle  would  be 
found  in  compliance  if  tested.  GM  states  that  the  de- 
sign modifications,  which  may  be  required  to  assure 
reasonable  compliance  margins,  would  require  a  tool- 
ing leadtime  of  45  weeks  and  cost  $750,000.  Accord- 
ing to  GM,  the  added  cost  per  vehicle  would  be  an 
additional  $9.00.  GM  suggested  an  effective  date  of 
January  1,  1993  to  permit  it  to  replace  these  vehicles 
with  new  model  lines,  rather  than  modify  the  current 
vehicles.  According  to  GM,  the  successor  vehicles  will 
not  be  available  to  dealers  until  the  end  of  the  1992 
calendar  year. 

While  NHTSA  believes  that  the  proposed  leadtime 
may  be  appropriate  for  some  of  the  light  trucks  that 
are  covered  by  this  final  rule,  a  number  of  commenters 
pointed  out  problems  complying  with  the  proposed 
requirements  by  September  1,  1991.  A  number  of  light  ^ 
trucks  with  a  GVWR  of  6,000  pounds  or  less  do  not  ^ 
currently  meet  the  requirements  that  are  being 
adopted  in  this  final  rule.  The  manufacturers  of  such 


PART  571;  S216-PRE  12 


vehicles  must  redesign  the  vehicles  and  carry  out  the 
necessary  retooling.  In  addition,  there  are  a  number 
of  final-stage  manufacturers,  many  of  which  are  small 
businesses,  which  need  more  leadtime  than  originally 
proposed  to  determine  how  to  certify  compliance  with 
the  standard.  (NTEA  stated  that  virtually  all  of  the 
over  2,000  distributors  and  manufacturers  of  multi- 
stage commercial  vehicles  are  small  businesses.  RVIA 
stated  that  many  of  its  650  members  who  manufacture 
recreational  vehicles  are  also  small  businesses.)  These 
manufacturers  must  determine  compliance  for  a  vari- 
ety of  commercial  and  recreational  vehicle  types.  Some 
of  these  vehicles  must  be  redesigned.  This  could  involve 
extensive  changes,  such  as  substitution  of  steel  for 
fiberglass  or  the  inclusion  of  roll  cages.  Final-stage 
manufacturers  may  not  be  able  to  initiate  their  com- 
pliance work  until  the  chassis  manufacturers  publish 
their  guidelines  for  completing  vehicles  in  compliance 
with  the  amended  standard  and  make  those  vehicles 
available.  In  view  of  this,  NHTSA  believes  that  it  is 
appropriate  to  establish  an  effective  date  of  Septem- 
ber 1,  1993  for  this  amendment.  Therefore,  for  the 
good  cause  shown,  NHTSA  finds  that  it  is  in  the  public 
interest  to  have  an  effective  date  later  than  one  year 
after  promulgation  of  the  rule. 

VIII.  Compliance  by  Multi-Stage  Manufacturers 
In  the  proposal,  NHTSA  addressed  the  issue  of  light 
trucks  that  are  manufactured  in  more  than  one  stage 
or  altered  after  they  are  certified  by  the  original 
manufacturer.  There  are  a  number  of  final-stage 
manufacturers,  many  of  which  are  small  businesses, 
involved  in  installing  truck  bodies  and/or  work-related 
equipment  on  chassis.  There  are  also  a  number  of 
alterers  involved  in  modifying  the  structure  of  new 
vehicles.  Based  on  information  from  commenters,  the 
majority  of  such  vehicles  have  a  GVWR  greater  than 
6,000  pounds.  Under  NHTSA's  regulations,  a  final- 
stage  manufacturer  must  certify  that  the  completed 
vehicle  conforms  to  all  applicable  safety  standards  and 
alterers  must  certify  that  the  altered  vehicle  continues 
to  comply  with  all  applicable  safety  standards. 

In  the  proposal,  NHTSA  tentatively  concluded  that 
the  task  these  final-stage  manufacturers  and  alterers 
would  face  in  certifying  compliance  with  the  proposed 
requirements  of  Standard  No.  216  would  not  differ 
significantly  from  the  tasks  they  already  face  in 
certifying  compliance  with  other  standards.  In  com- 
ments on  the  proposal,  NTEA  stated  that  NHTSA 
imderestimated  the  number  of  light  trucks  that 
manufacturers  would  have  to  recertify  for  compliance 
with  Standard  No.  216.  NTEA  stated  that  extending 
Standard  No.  216  to  only  light  trucks  with  a  GVWR 
of  8,500  pounds  or  less,  instead  of  10,000  pounds  or 
less,  would  provide  final-stage  manufacturers  signifi- 
cant relief.  NTEA  further  stated  that  there  currently 


are  no  vehicles  with  a  GVWR  of  6,000  pounds  or  less 
that  are  assembled  from  incomplete  chassis  cabs.  RVIA 
commented  that  it  thought  the  proposed  requirements 
would  have  a  severe  adverse  economic  impact  on  van- 
converters.  RVIA  thought  that  limiting  coverage  of  the 
standard  to  vehicles  with  a  GVWR  of  6,000  pounds  or 
less  would  substantially  reduce  the  economic  conse- 
quences to  its  members. 

NHTSA  believes  that  limiting  the  coverage  of  the 
standard  to  light  trucks  with  a  GVWR  of  6,000  pounds 
or  less  will  greatly  lessen  the  problems  cited  by  NTEA 
and  RVIA.  However,  since  some  final-stage  manufac- 
turers and  alterers  are  covered  by  this  final  rule, 
NHTSA  below  outlines  ways  that  final-stage  manufac- 
turers and  alterers  may  certify  compliance. 

NHTSA  recognizes  that  final-stage  manufacturers 
and  alterers  often  do  not  have  the  engineering  or  finan- 
cial resources  to  conduct  their  own  testing  of  the 
vehicles  they  have  completed.  However,  testing  is  not 
necessarily  required  for  vehicle  certification  and  each 
manufacturer  is  not  required  to  conduct  testing  individ- 
ually. Instead,  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  permits  manufactiu*ers,  including  final- 
stage  manufacturers  and  alterers,  to  use  other  means 
to  certify  their  vehicles,  provided  that  due  care  is 
exercised  in  making  the  determination  of  compliance 
with  the  Federal  Motor  Vehicle  Safety  Standards. 
(Throughout  the  rest  of  this  Unit,  the  term  "final-stage 
manufacturer"  is  used  to  refer  to  both  final-stage 
manufacturers  and  alterers.) 

First,  the  final-stage  manufacturer  could  stay  within 
the  limits  set  by  the  incomplete  vehicle  manufacturer. 
NHTSA's  certification  regulations  require  that  the 
manufacturers  of  truck  chassis  used  by  final-stage 
manufacturers  provide  information  regarding  the 
limitations  on  the  center  of  gravity,  weight,  and  other 
attributes  that  must  be  observed  in  completing  the 
vehicle  so  as  not  to  affect  the  vehicle's  compliance  with 
the  safety  standards.  Incomplete  vehicle  manufacturers 
which  produce  chassis  cabs  must  certify  that  their 
vehicles  comply  with  applicable  safety  standards. 
Incomplete  vehicle  manufacturers  which  produce  other 
vehicles  that  are  not  chassis  cabs,  e.g.,  cutaway  chas- 
sis or  stripped  chassis,  are  not  required  under  NHTSA 
regulations  to  certify  that  their  incomplete  vehicles 
comply  with  safety  standards.  However,  such  manufac- 
turers must  provide  subsequent  stage  manufacturers 
with  an  "incomplete  vehicle  document"  that  describes 
the  limits  within  which  the  vehicle  can  be  modified  and 
still  remain  in  compliance  with  safety  standards.  When 
the  final-stage  manufacturer  observes  the  limits  set  by 
the  incomplete  vehicle  manufacturer,  it  simply  states 
that  fact  on  the  certification  label.  Under  those  circum- 
stances, its  certification  of  the  vehicle's  compliance 
with  the  safety  standards  is  based  on  staying  within 
the  limits  set  by  the  incomplete  vehicle  manufacturer. 


PART  571;  S216-PRE  13 


Thus,  if  the  final-stage  manufacturer  observes  all  of 
the  limits  specified  by  the  incomplete  vehicle  manufac- 
turer, the  final-stage  manufacturer  does  not  have  to 
conduct  any  testing  or  analysis  to  support  its  certifi- 
cation that  the  vehicle  complies  with  the  safety 
standards. 

NTEA  indicated  that  there  are  no  commercial  light 
trucks  with  a  GVWR  of  6,000  pounds  or  less  that  are 
assembled  from  an  incomplete  chassis.  Therefore,  by 
limiting  the  coverage  of  Standard  No.  216  to  light 
trucks  with  a  GVWR  of  6,000  pounds  or  less,  NHTSA 
is  excluding  vehicles  from  which  certification  by  final- 
stage  manufacturers  is  automatically  required. 
Whether  there  must  be  recertification  by  the  final- 
stage  manufacturer  will  depend  on  the  extent  of  the 
modifications  made  by  the  final-stage  manufacturer 
and  the  requirements  of  the  original  manufacturer's 
certification.  NHTSA  believes  that  final-stage 
manufacturers  will  often  be  able  to  pass  through  the 
certification  for  vehicles  assembled  from  pickup  box 
removal  programs  and  from  completed  chassis  cabs. 
NHTSA  recognizes  that  recertification  may  be  neces- 
sary if  final-stage  manufacturers  add  weight  which 
exceeds  manufacturer  certification  limits  or  make 
direct  roof  modifications. 

Second,  if  the  final-stage  manufacturer  cannot  stay 
within  the  incomplete  vehicle  manufacturer's  limits  in 
using  a  given  chassis  to  produce  a  particular  sort  of 
completed  vehicle,  the  final-stage  manufacturer  may 
choose  to  use  another  chassis  with  greater  limits  to 
produce  the  same  sort  of  vehicle.  This  option  is  most 
relevant  when  the  final-stage  manufacturer  adds 
weight  to  the  vehicle.  By  switching  to  a  different 
chassis  and  staying  within  the  incomplete  vehicle 
manufacturer's  limits  for  that  chassis,  the  final-stage 
manufacturer  may  avoid  the  possible  necessity  of 
conducting  additional  testing  or  engineering  analysis 
to  support  its  certification  that  the  completed  vehicle 
conformed  to  all  safety  standards.  It  could  be  argued 
that  a  final-stage  manufacturer  may  not  always  be  able 
to  use  this  option  since  the  chassis  is  sometimes  sup- 
plied by  a  customer.  If  an  incomplete  vehicle  design 
supplied  by  a  customer  is  such  that  the  vehicle  might 
not  comply  with  Standard  No.  216  if  completed  out- 
side the  limits  specified  by  the  manufacturer,  NHTSA 
believes  that  the  final-stage  manufacturer  must  advise 
the  customer  that  a  more  suitable  chassis  is  necessary 
as  a  matter  of  law,  and  desirable  as  a  matter  of  safety. 

NTEA  asserted  that  final-stage  manufactiu-ers  using 
incomplete  chassis  cabs  will  not  be  able  to  pass  through 
the  incomplete  chassis  cab  manufacturer's  certification 
for  roof  crush.  According  to  NTEA,  it  would  not  be 
possible  for  a  stripped  chassis  manufacturer  to  provide 
any  parameters  for  roof  completion  and  certification 
since  no  cab  or  roof  would  exist.  NTEA  also  asserted 
that  a  cutaway  chassis,  which  has  a  cab  and  roof  but 


no  wall  behind  the  driver  compartment,  is  not  likely 
to  come  with  information  concerning  the  roof  crush 
capabilities  of  the  vehicle.  ^ 

NHTSA  does  not  believe  that  this  will  be  a  problem      ' 
for  the  vehicles  covered  by  the  final  rule.  As  shown  in 
the  Final  Regulatory  Evaluation,  no  incomplete  chassis 
cabs  are  produced  with  a  GVWR  of  6,000  pounds  or 
less. 

NHTSA  believes  that  incomplete  vehicle  manufac- 
turers will  continue  to  provide  chassis  that  can  satisfy 
the  market  need  for  vehicles  that  have  reasonable  com- 
pliance limits  and  that,  in  many  cases,  enable  a  final- 
stage  manufacturer  to  adopt  either  the  first  or  second 
option  discussed  above.  However,  whether  or  not  the 
complete  vehicle  manufacturers  do  so,  a  final-stage 
manufacturer  has  additional  options. 

The  final-stage  manufacturer  may  choose  not  to 
remain  within  the  incomplete  vehicle  manufacturer's 
limits  for  the  chassis.  In  such  a  case,  the  final-stage 
manufacturer  could  not  rely  on  the  incomplete  vehicle 
manufacturer's  certification  and/or  limits  as  the  basis 
for  certifying  the  completed  vehicle.  Instead,  the  final- 
stage  manufacturer  would  have  to  take  steps,  such  as 
conducting  or  sponsoring  testing  or  engineering  anal- 
ysis, sufficient  to  enable  it  to  certify,  with  due  care, 
that  the  completed  vehicle  complies  with  applicable 
safety  standards,  including  Standard  No.  216. 

Even  in  this  situation,  NHTSA  does  not  believe  that  ^ 
each  final-stage  manufacturer  would  have  to  conduct 
its  own  testing.  Commenters  pointed  out  possible 
alternatives  to  testing  by  each  final-stage  manufac- 
turer. Bay  Bridge  Manufacturing,  Inc.  (Bay  Bridge) 
suggested  that  a  group  test  the  type  of  vehicle  that  Bay 
Bridge  and  its  competitors  manufacture,  with  the  cost 
of  testing  shared  by  all  of  the  final-stage  manufacturers 
of  that  type  of  vehicle.  Bay  Bridge  thought  that  this 
would  limit  the  cost  of  certification  to  a  reasonable 
amount.  Continental  Van  &  Truck  Conversions  (Con- 
tinental) suggested  that  van  converters,  raised  roof 
manufacturers,  and  van  chassis  manufacturers  cooper- 
ate to  design  a  raised  roof  and  an  installation  proce- 
dure that  complies  with  Standard  No.  216.  Continental 
volunteered  to  help  in  such  an  endeavor.  NHTSA 
agrees  that  approaches  such  as  those  suggested  by  Bay 
Bridge  and  Continental  could  limit  the  costs  of  com- 
pliance testing.  In  the  Final  Regulatory  Evaluation, 
NHTSA  further  analyzes  issues  concerning  compliance 
with  Standard  No.  216  through  testing. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  The  title  of  the  heading  of  Standard  No.  216,  Roof       _ 
Crush  Resistance— Passenger  Cars,  is  revised  to  read      ^ 
as  follows: 
Standard  No.  216;  Roof  Crush  Resistance. 


PART  571;  S216-PRE  14 


2.  Paragraph  S3  is  revised  to  read  as  follows: 

53.  Application.  This  standard  applies  to  passenger 
cars,  and  to  multipurpose  passenger  vehicles,  trucks, 
and  buses  with  a  GVWR  of  6,000  pounds  or  less. 
However,  it  does  not  apply  to  (a)  school  buses,  (b)  ve- 
hicles that  conform  to  the  rollover  test  requirements 
(S5.3)  of  Standard  No.  208  (§  571.208)  by  means  that 
require  no  action  by  vehicle  occupants,  or  (c)  convert- 
ibles, except  for  optional  compliance  with  the  standard 
as  an  alternative  to  the  rollover  test  requirements  in 
S5.3  of  Standard  No.  208. 

3.  Paragraph  S4  is  revised  to  read  as  follows: 

54.  Requirements. 

(a)  Passenger  cars.  A  test  device  as  described  in  S5 
shall  not  move  more  than  5  inches,  measured  in  accord- 
ance with  S6.4,  when  it  is  used  to  apply  a  force  of  172 
times  the  unloaded  vehicle  weight  of  the  vehicle  or 
5,000  pounds,  whichever  is  less,  to  either  side  of  the 
forward  edge  of  a  vehicle's  roof  in  accordance  with  the 
procedures  of  S6.  Both  the  left  and  right  front  portions 
of  the  vehicle's  roof  structure  shall  be  capable  of  meet- 
ing the  requirements,  but  a  particular  vehicle  need  not 
meet  further  requirements  after  being  tested  at  one 
location. 

(b)  Multipurpose  passenger  vehicles,  trucks,  and 
buses  with  a  GVWR  of  6,000  pounds  or  less,  manufac- 
tured on  or  after  September  1,  1993.  A  test  device  as 
described  in  S5  shall  not  move  more  than  5  inches, 
measured  in  accordance  with  S6.4,  when  it  is  used  to 
apply  a  force  of  Vk  times  the  unloaded  vehicle  weight 
of  the  vehicle  to  either  side  of  the  forward  edge  of  a 
vehicle's  roof  in  accordance  with  the  procedures  of  S6. 
Both  the  left  and  right  front  portions  of  the  vehicle's 
roof  structure  shall  be  capable  of  meeting  the  require- 


ments, but  a  particular  vehicle  need  not  meet  further 
requirements  after  being  tested  at  one  location. 

4.  Paragraph  S6.3  is  revised  to  read  as  follows: 
S6.3  (a)  Passenger  cars.  Apply  force  in  a  downward 
direction  perpendicular  to  the  lower  surface  of  the  test 
device  at  a  rate  of  not  more  than  one-half  inch  per  se- 
cond until  reaching  a  force  of  IV2  times  the  unloaded 
vehicle  weight  of  the  tested  vehicle  or  5,000  pounds, 
whichever  is  less.  Complete  the  test  within  120  seconds. 
Guide  the  test  device  so  that  throughout  the  test  it 
moves,  without  rotation,  in  a  straight  line  with  its  lower 
surface  oriented  as  specified  in  S6.2(a)  through  S6.2(d). 
(b)  Multipurpose  passenger  vehicles,  trucks,  and 
buses  with  a  GVWR  of  6,000  pounds  or  less,  manufac- 
tured on  or  after  September  1,  1993.  Apply  force  in 
a  downward  direction  perpendicular  to  the  lower  sur- 
face of  the  test  device  at  a  rate  of  not  more  than  one- 
half  inch  per  second  until  reaching  a  force  of  1 V2  times 
the  unloaded  vehicle  weight  of  the  tested  vehicle.  Com- 
plete the  test  within  120  seconds.  Guide  the  test  device 
so  that  throughout  the  test  it  moves,  without  rotation, 
in  a  straight  line  with  its  lower  surface  oriented  as 
specified  in  S6.2(a)  through  S6.2(d). 

Issued  on  April  11,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  15510 
April  17,  1991 


s) 


PART  571;  S216-PRE  15-16 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  216 
Roof  Crush  Resistance 


51.  Scope.  This  standard  establishes  strength 
requirements  for  the  passenger  compartment  roof. 

52.  Purpose.  The  purpose  of  this  standard  is 
to  reduce  deaths  and  injuries  due  to  the  crushing  of 
the  roof  into  the  passenger  compartment  in  roll- 
over accidents. 

53.  Application.  [This  standard  applies  to 
passenger  cars,  and  to  multipurpose  passenger 
vehicles,  trucks,  and  buses  with  a  GVWR  of  6,000 
pounds  or  less.  However,  it  does  not  apply  to  (a) 
school  buses,  (b)  vehicles  that  conform  to  the 
rollover  test  requirements  (S5.3)  of  Standard  208 
(§  571.208)  by  means  that  require  no  action  by 
vehicle  occupants,  or  (c)  convertibles,  except  for 
optional  compliance  with  the  standard  as  an  alter- 
native to  the  rollover  test  requirements  in  S5.3  of 
Standard  208.  (56  F.R.  15510— April  17,  1991. 
Effective:  September  1,  1993)1 

54.  Requirements. 

1(a)  Passenger  cars.  A  test  device  as  described  in 
S5  shall  not  move  more  than  5  inches,  measured  in 
accordance  with  S6.4,  when  it  is  used  to  apply  a 
force  of  IV2  times  the  unloaded  vehicle  weight  of 
the  vehicle  or  5,000  pounds,  whichever  is  less,  to 
either  side  of  the  forward  edge  of  a  vehicle's  roof  in 
accordance  with  the  procedures  of  S6.  Both  the  left 
and  right  front  portions  of  the  vehicle's  roof  struc- 
ture shall  be  capable  of  meeting  the  requirements, 
but  a  particular  vehicle  need  not  meet  further  re- 
quirements after  being  tested  at  one  location. 

(b)  Multipuryose  passenger  vehicles,  trucks,  and 
buses  with  a  GVWR  of  6,000  pounds  or  less,  manu- 
factured on  or  after  September  1,  1993.  A  test 
device  as  described  in  S5  shall  not  move  more  than 
5  inches,  measured  in  accordance  with  S6.4,  when 
it  is  used  to  apply  a  force  of  IV2  times  the  unloaded 
vehicle  weight  of  the  vehicle  to  either  side  of  the 
forward  edge  of  a  vehicle's  roof  in  accordance  with 
the  procedures  of  S6.  Both  the  left  and  right  front 
portions  of  the  vehicle's  roof  structure  shall  be 
capable  of  meeting  the  requirements,  but  a  par- 
ticular vehicle  need  not  meet  further  requirements 
after  being  tested  at  one  location.  (56  F.R. 
15510— April  17,  1991.  Effective:  September  1,  1993)1 


55.  Test  Device.  The  test  device  is  a  rigid 
unyielding  block  with  its  lower  surface  formed  as  a 
flat  rectangle  30  inches  x  72  inches. 

56.  Test  Procedure.  Each  vehicle  shall  be 
capable  of  meeting  the  requirements  of  S4  when 
tested  in  accordance  with  the  following  procedure. 

S6.1.  Place  the  sills  or  the  chassis  frame  of  the 
vehicle  on  a  rigid  horizontal  surface,  fix  the  vehicle 
rigidly  in  position,  close  all  windows,  close  and  lock 
all  doors,  and  secure  any  convertible  top  or 
removable  roof  structure  in  place  over  the 
passenger  compartment. 

S6.2  Orient  the  test  device  as  shown  in  Figure 
1,  so  that— 

(a)  Its  longitudinal  axis  is  at  a  forward  angle 
(side  view)  of  5°  below  the  horizontal,  and  is 
parallel  to  the  vertical  plane  through  the  vehicle's 
longitudinal  centerline; 

(b)  Its  lateral  axis  is  at  a  lateral  outboard 
angle,  in  the  front  view  projection,  25°  below  the 
horizontal; 

(c)  Its  lower  surface  is  tangent  to  the  surface 
of  the  vehicle;  and 

(d)  The  initial  contact  point,  or  center  of  the 
initial  contact  area,  is  on  the  longitudinal 
centerline  of  the  lower  surface  of  the  test  device 
and  10  inches  from  the  forwardmost  point  of  that 
centerline. 


RIGID  HORIZONTAL  SURFACE 
FRONT  VIEW  SIDE  VIEW 

TEST  DEVICE  LOCATION  AND  APPLICATION  TO  THE  ROOF 

Figure  1 


(Rev.  4/17/91) 


PART  571;  S  216-1 


S6.3.  1(a)  Passenger  cars.  Apply  force  in  a 
downward  direction  perpendicular  to  the  lower 
surface  of  the  test  device  at  a  rate  of  not  more  than 
one-half  inch  per  second  until  reaching  a  force  of 
IV2  times  the  unloaded  vehicle  weight  of  the  tested 
vehicle  or  5,000  pounds,  whichever  is  less.  Com- 
plete the  test  within  120  seconds.  Guide  the  test 
device  so  that  throughout  the  test  it  moves, 
without  rotation,  in  a  straight  line  with  its  lower 
surface  oriented  as  specified  in  S6.2(a)  through 
S6.2(d). 

(b)  Multipurpose  passenger  vehicles,  trucks,  and 
buses  with  a  GVWR  of  6,000  pounds  or  less, 
manufactured  on  or  after  September  1,  1993.  Apply 
force  in  a  downward  direction  perpendicular  to  the 
lower  surface  of  the  test  device  at  a  rate  of  not 


more  than  one-half  inch  per  second  until  reaching  a 
force  of  IV2  times  the  unloaded  vehicle  weight  of 
the  tested  vehicle.  Complete  the  test  within  120 
seconds.  Guide  the  test  device  so  that  throughout 
the  test  it  moves,  without  rotation,  in  a  straight 
line  with  its  lower  surface  oriented  as  specified  in 
S6.2(a)  through  S6.2(d).  (56  F.R.  15510— April  17. 
1991.  Effective:  September  1,  1993)1 

S6.4  Measure  the  distance  that  the  test  device 
moves,  i.e.,  the  distance  between  the  original 
location  of  the  lower  surface  of  the  test  device  and 
its  location  as  the  force  level  specified  in  S6.3  is 
reached. 

36  F.R.  23299 
December  8,  1971 


PART  571;  S  216-2 


•  U.S.  COVIRNMENrT  PRINTING  OmCE 


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^  Federal  Motor  Vehicle  Safety 

usDepartmenr  Stanclarcls  ancl  Regulations 

of  Transportation 

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Administration 


and  Interpretations  Issued 

OEPOSlTOflY 


<:b?>  Motor  Vehicle  Saf... 


D  8.6/2:990/supp.47  DurlnO    1991 

Page  Control  Chart 


AHH  2  9  lyb,: 


RnSTOMffMBl,iCUBRAR> 


(1)  Part  531— Passenger  Automobile  Average  Fuel  Economy  Standards 

(a)  Insert  attached  pages  numbered  PART  531-PRE  185  behind  page  in  book  numbered  PART  531-PRE  184. 

(b)  Substitute  attached  page  numbered  PART  531  for  PART  531  in  book. 

(2)  Part  541— Final  Listing  of  High  Theft  Lines  for  MY  1992 

(a)  Insert  attached  pages  numbered  PART  541-PRE  73  behind  page  in  book  numbered  PART  541-PRE  72. 

(b)  Substitute  attached  pages  numbered  PART  541— A-1  through  5-6  for  similarly  numbered  pages  in  book. 

(3)  Part  571— Seating  Reference  Point 

(a)  Insert  attached  pages   numbered   PART   571— PRE    57   through   69-70   behind  page   in  book  numbere- 
PART  571-PRE  55-56. 

(b)  Substitute  attached  pages  numbered  PART  571-1  through  4  for  similarly  numbered  page  in  book. 

(4)  Part  574— Tire  Identification  and  Recordkeeping 

Substitute  attached  pages  numbered  PART  574-3  through  6  for  similarly  numbered  pages  in  book.  These  pages  n 
vised  to  incorporate  minor  editorial  changes  needed  to  bring  the  PART  574  format  in  conformity  with  the  one  i 
the  Code  of  Federal  Regulations. 

(5)  Part  585— Automatic  Restraint  Phase-in  Reporting  Requirements 

(a)  Insert   attached   pages   numbered    PART   585— PRE    23   through   44   behind   page   in   book   numbered 
PART  585-PRE  21-22. 

(b)  Subsitute  attached  PART  585  for  PART  585  in  book. 

(6)  Part  586— Side  Impact  Phase-in  Reporting  Requirements 

Substitute  attached  page  numbered  PART  586-1  for  similarly  numbered  page  in  book.  This  page  revised  to  incoi 
porate  minor  editorial  changes  needed  to  bring  the  PART  586  format  in  conformity  with  the  one  in  the  Code  ofFea 
eral  Regulations. 

(7)  Part  587— Side  Impact  Moving  Deformable  Barrier 

Substitute  attached  page  PART  587-1  for  similarly  numbered  page  in  book.  This  page  revised  to  incorporate  mino 
editorial  changes  needed  to  bring  the  Part  587  format  into  conformity  with  the  one  in  the  Code  of  Federal  Regulatiom 

(8)  Part  591— Importation  of  Motor  Vehicles  and  Equipment 

In  Supplement  44,  paragraph  S591.7  was  listed  as  having  been  deleted.  Only  paragraph  (c)  should  have  been  deletec 
This  replacement  page  corrects  that  error.  n      f         w 

The  Federal  Motor  Vehicle  Safety  Standards  and  amendments  published  in  this  format  are  for  reference  purposes 
only.  They  should  not  be  considered  as  legally  binding  or  be  used  as  a  source  of  authority  in  matters  of  litigation. 
Tfie  United  States  Code  of  Federal  Regulations  is  the  only  source  of  legal  authority  for  the  standards. 


Page  Control  Chart— Con ^/nued 


(9)  Federal  Motor  Vehicle  Safety  Standard  No.  201 

(a)  Insert  attached  pages  numbered  PART  571— PRE   13  through  PRE   16  behind  page  in  book  numbered 
PART  571;  S201-PRE  12. 

(b)  Substitute  attached  Standard  201  for  Standard  201  in  book. 

(10)  Federal  Motor  Vehicle  Safety  Standard  No.  214 

(a)  Insert  attached  pages  numbered  PART  571;  S214-PRE  9  through  74  behind  page  in  book  numbered  PART  571; 
S214-PRE  8. 


(b)  Substitute  attached  Standard  214  for  Standard  214  in  book. 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  531 
Passenger  Automobile  Average  Fuel  Economy  Standards 
(Docket  No.  LVM  89-01;  Notice  101) 
ACTION:    Final  decision. 


SUMMARY:  This  decision  is  issued  in  response  to  a 
petition  filed  by  Butcher  Motors,  Inc.  (Dutcher)  re- 
questing that  it  be  exempted  from  the  generally  ap- 
plicable average  fuel  economy  standard  of  27.5  miles 
per  gallon  (mpg)  for  model  years  (MY)  1993,  1994,  and 
1995  passenger  automobiles,  and  that  a  lower  alterna- 
tive standard  be  established  for  it  for  each  of  these 
model  years.  This  decision  exempts  Dutcher  and  estab- 
lishes an  alternate  standard  of  17.0  mpg  for  each  of 
MYs  1993,  1994,  and  1995.  The  decision  was  preceded 
by  publication  of  a  notice  requesting  public  comments. 

EFFECTIVE  DATE:     September  23,  1991. 

This  exemption  and  the  alternative  standards  apply  to 
Dutcher  for  MYs  1993,  1994,  and  1995. 

SUPPLEMENTARY  INFORMATION:  NHTSA  is  ex- 
empting Dutcher  from  the  generally  applicable  aver- 
age fuel  economy  standard  for  1993,  1994,  and  1995 
model  year  passenger  automobiles  and  establishing  al- 
ternative standards  applicable  to  Dutcher  for  each  of 
these  model  years.  This  exemption  is  issued  under  the 
authority  of  section  502(c)  of  the  Motor  Vehicle  Infor- 
mation and  Cost  Savings  Act,  as  amended  ("the  Act") 
(15  U.S.C.  2002(c)).  Section  502(c)  provides  that  a 
passenger  automobile  manufacturer  which  manufac- 
tures fewer  than  10,000  passenger  automobiles  an- 
nually may  be  exempted  from  the  generally  applicable 
average  fuel  economy  standard  for  a  particular  model 
year  if  that  standard  is  greater  than  the  low  volume 
manufacturer's  maximum  feasible  average  fuel 
economy  and  if  NHTSA  establishes  an  alternative 
standard  for  the  manufacturer  at  its  maximum  feasi- 
ble level.  Section  502(e)  of  the  Act  (15  U.S.C.  2002(e)) 


requires  NHTSA,  in  determining  maximum  feasible 
average  fuel  economy,  to  consider: 

(1)  Technological  feasibility; 

(2)  Economic  practicability; 

(3)  The  effect  of  other  Federal  motor  vehicle 
standards  on  fuel  economy;  and 

(4)  The  need  of  the  Nation  to  conserve  energy. 

This  final  decision  was  preceded  by  a  proposed  deci- 
sion announcing  the  agency's  tentative  conclusion  that 
Dutcher  should  be  exempted  from  the  generally  ap- 
plicable MY  1993,  1994,  and  1995  passenger  automo- 
bile average  fuel  economy  standard  of  27.5  mpg,  and 
that  an  alternative  standard  of  17.0  mpg  should  be 
established  for  Dutcher  for  each  of  these  model  years 
(56  FR  21653,  May  10,  1991).  No  comments  were 
received  on  the  proposed  decision. 

The  agency  is  adopting  the  tentative  conclusions  set 
forth  in  the  proposed  decision  as  its  final  conclusions, 
for  the  reasons  set  forth  in  the  proposed  decision. 
Based  on  the  conclusions  that  the  maximum  feasible 
average  fuel  economy  level  for  Dutcher  in  each  of  MYs 
1993,  1994,  and  1995  is  17.0  mpg,  that  other  Federal 
motor  vehicle  standards  will  not  affect  achievable  fuel 
economy  beyond  the  extent  considered  in  the  proposed 
decision,  and  that  the  national  effort  to  conserve 
energy  will  not  be  affected  by  granting  this  exemption, 
NHTSA  hereby  exempts  Dutcher  from  the  generally 
applicable  passenger  automobile  average  fuel  economy 
standard  for  the  1993,  1994,  and  1995  model  years  and 
establishes  an  alternative  standard  of  17.0  miles  per 
gallon  for  Dutcher  for  each  of  these  years. 

Section  531.5  is  amended  by  revising  paragraph 
(bXll);  the  introductory  text  of  paragraph  (b)  is  repub- 
lished to  read  as  follows:  §  531.5  Fuel  economy 
standards. 


PART  531-PRE  185 


The  following  manufacturers  shall  comply  with  the  issued  on-    August  1    1991 

standards  mdicated  below  for  the  specified  model 
years: 

*        *        ^        ^  Jerry  Ralph  Curry 

Administrator 
(11)  Butcher  Motors,  Inc.  56  F  R  37478 

August  7,  1991 


AVERAGE  FUEL 
ECONOMY  STAND AED 
MODEL  YEAR  (miles  per  gallon) 


1986 16.0 

16.0 

16.0 

17.0 

1993 17.0 


1987, 


1992. 


1994. 


17.0 


1995 17.0 


PART  531 -PRE 


PART  531-PASSENGER  AUTOMOBILE  AVERAGE  FUEL  ECONOMY  STANDARDS 


5531.1  Scope. 

This   part   establishes   average    fuel    economy         

standards  pursuant  to  section  502(a)  of  the  Motor  "^"Srfird  CmaT"^ 

Vehicle   Information  and  Cost  Savings  Act,   as  Model  year  per  gallon) 

amended,  for  passenger  automobiles.  

^  ^  1978  18.0 

1979  19.0 

1980  20.0 

5531.2  Purpose.  J^g  22;J 

The  purpose  of  this  part  is  to  increase  the  fuel  1983  26.0 

economy  of  passenger  automobiles  by  establishing  |^^^  |^"^ 

minimum  levels  of  average  fuel  economy  for  those  2.986  26^0 

vehicles.  1987  26.0 

1988  26.0 

1989  26.5 

1990  and  thereafter  27.5 

5531.3  Applicability.  

This  part  applies  to  manufacturers  of  passenger  .??  ^^he  following  manufacturers  shall  comply 

\_.,  r-         o  ^^^^    j.j^g    standards    mdicated    below    tor    the 

automobiles.  specified  model  years: 

(1)  Avanti  Motor  Corporation. 

5531.4  Definitions.  Average  Fuel  Economy  Standard 

(a)  Statutory  terms.    (1)  The  terms  "average  Miles  per 
fuel  economy,"  "manufacture,"  "manufacturer,"         Model  year  gaUon 
and  "model  year"  are  used  as  defined  in  section          .„„„  ~^ 
501  of  the  Act.                                                                     1979 ' '  "   " ' ' ' '   ' '  "   " ' ' ' '  [ ' ' '  "   " ' ' '       i^'^ 

(2)  The  terms  "automobile"  and  "passenger  Jgg^ Jg2 

automobile"  are  used  as  defined  in  section  501  of  ^932 ................................  18^2 

the  Act  and  in  accordance  with  the  determination  1983 16.9 

in  part  523  of  this  chapter.  1984 16.9 

1985 16.9 

(b)  Other  terms.    As  used  in  this  part,  unless  

otherwise  required  by  the  context-  (2)  Rolls-Royce  Motors,  Inc. 

(1)  "Act"  means  the  Motor  Vehicle  Informa-  ^^^^^^^  P^^,  Economy  Standard 

tion  and  Cost  Savings  Act,  as  amended  by  Pub.  L.       

94-163.  Miles  per 

Model  year  gallon 

1978 10.7 

5531.5  Fuel  economy  Standards.  1979 10.8 

(a)  Except  as  provided  in  paragraph  (b)  of  this          r^g^ :H 

section   each   manufacturer   of  passenger   auto-          ^932 10  6 

mobiles  shall  comply  with  the  following  standards          1933 9^9 

in  the  model  years  specified:                                              1984 10.0 

PART  531-1 


1985 10.0 

1986 11.0 

1987 11.2 

1988 11.2 

1989 11.2 

1990 12.7 

1991 12.7 

1992 13.8 

1993 13.8 

1994 13.8 


(3)  Checker  Motors  Corporation. 

Average  Fuel  Economy  Standard 

Miks  per 

Model  year  gallon 

1978 17.6 

1979 16.5 

1980 18.5 

1981 18.3 

1982 18.4 


(4)  Aston  Martin  Lagonda,  Inc. 

Average  Fuel  Economy  Standard 

Miks  per 

Model  year  gallon 

1979 11.5 

1980 12.1 

1981 12.2 

1982 12.2 

1983 11.3 

1984 11.3 

1985 11.4 


(5)  Excalibur  Automobile  Corporation. 

Average  Fuel  Economy  Standard 

Miles  per 

Model  year  gallon 

1978 11.5 

1979 11.5 

1980 16.2 

1981 17.9 

1982 17.9 

1983 16.6 

1984 16.6 

1985 16.6 


(6)  (Reserved) 


(7)  Officine  Alfieri  Maserati  S.P.A. 

Average  Fuel  Economy  Standard 

Miles  per 

Model  year  gallon 

1978 12^5 

1979 12.5 

1980 9.5 

1984 17.9 


1985 

16.8 

(8)  Lamborghini  of  North  America 

Average  Fuel  Economy  Standard 

Model  year 

Miles  per 
gallon 

1983 

13  7 

1984 

13  7 

(9)  London  Coach  Co.,  Inc. 

Average  Fuel  Economy  Standard 

Model  year 

Miks  per 
gallon 

1985 

21.0 

1986 

21  0 

1987 

21.0 

(10)  (Reserved) 

(11)  Dutcher  Motors,  Inc. 

Average  Fuel  Economy  Standard 

Miles  per 
Model  year  gallon 

1986 16.0 

1987 16.0 

1988 16.0 

11992 17.0 

1993 17.0 

1994 17.0 

1995 17.0 

56  F.R.  37478— August  7,  1991.  Effective:  September 
23,  1991)1 

S531.6     Measurement  and  calculation  procedures. 

(a)  The  average  fuel  economy  of  all  passenger 
automobiles  that  are  manufactured  by  a  manufac- 
turer in  a  model  year  shall  be  determined  in 
accordance  with  procedures  established  by  the 
Administrator  of  the  Environmental  Protection 
Agency  under  section  502(a)  (1)  of  the  Act  and  set 
forth  in  40  CFR  Part  600. 

42  F.R.  33534 
June  30,  1977 


PART  531-2 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  541 

Final  Listing  of  IHigh  Theft  Lines  for  1992  Model  Year 
Motor  Vehicle  Theft  Prevention  Standard 

(Docket  No.  T84-01;  Notice  260) 
RIN:  2127-AD53 


ACTION:    Final  rule,  technical  amendment. 

SUMMARY:  The  purpose  of  this  notice  is  to  (1)  report 
the  results  of  this  agency's  actions  for  determining 
which  car  lines  are  subject  to  the  marking  requirements 
of  the  motor  vehicle  theft  prevention  standard  for  the 
1992  model  year  and,  (2)  publish  a  list  of  those  car  lines. 
NHTSA  has  previously  published  lists  of  the  car  lines 
that  were  selected  as  high  theft  car  lines  for  prior 
model  years,  beginning  with  the  1987  model  year.  The 
list  in  this  notice  includes  all  of  the  car  lines  in  the  previ- 
ous lists,  as  well  as  four  new  lines  that  were  introduced 
for  the  1992  model  year  and  that  have  been  selected 
as  likely  high  theft  lines.  In  addition,  this  listing  shows 
the  five  additional  lines  that  have  standard  equipment 
anti-theft  devices  and  have  been  granted  exemptions 
from  the  requirements  of  the  theft  prevention  standard 
beginning  with  the  1992  model  year.  Two  more  car 
lines  have  been  exempted  in  part  and  are  required  to 
have  only  their  engines  and  transmissions  marked. 

This  final  listing  for  the  1992  model  year  is  intended 
to  inform  the  public,  particularly  law  enforcement 
groups,  of  the  car  lines  that  are  subject  to  the  mark- 
ing requirements  of  the  theft  prevention  standard  for 
the  1992  model  year. 

EFFECTIVE  DATE:  This  hsting  applies  to  the  model 
year.  The  amendment  made  by  this  notice  is  effective 
September  4,  1991. 

SUPPLEMENTARY  INFORMATION: 

The  Federal  Motor  Vehicle  Theft  Prevention  Stand- 
ard, 49  CFR  Part  541,  sets  forth  requirements  for 
inscribing  or  affixing  identification  numbers  onto 
covered  original  equipment  major  parts,  and  the 
replacement  parts  for  those  original  equipment  parts, 
on  all  vehicles  in  lines  selected  as  high  theft  lines. 

Section  603(a)(2)  of  the  Motor  Vehicle  Information 
and  Cost  Savings  Act  (15  U.S.C.  2023(aX2);  hereinafter 
"the  Cost  Savings  Act")  specifies  that  NHTSA  shall 
select  the  high  theft  lines,  with  the  agreement  of  the 
manufacturer,  if  possible.  Section  603(d)  of  the  Cost 
Savings  Act  (15  U.S.C.  2023(d))  provides  that  once  a 


line  has  been  designated  as  a  high  theft  line,  it  remains 
subject  to  the  theft  prevention  standard  unless  that  line 
is  exempted  under  Section  605  of  the  Cost  Savings  Act 
(15  U.S.C.  2025).  Section  605  provides  that  a  manufac- 
turer may  petition  to  have  a  high  theft  line  exempted 
from  the  requirements  of  Part  541,  if  the  line  is 
equipped  as  standard  equipment  with  an  antitheft 
device.  The  exemption  is  granted  if  NHTSA  deter- 
mines that  the  antitheft  device  is  likely  to  be  as  effec- 
tive as  compliance  with  Part  541  in  reducing  and 
deterring  motor  vehicle  thefts. 

The  agency  annually  publishes  the  names  of  the  lines 
which  were  listed  as  high  theft  lines  for  one  or  more 
previous  model  years  and  of  the  lines  which  are  being 
listed  for  the  first  time  and  will  be  subject  to  the  theft 
prevention  standard  beginning  with  the  next  model 
year.  This  notice  is  intended  to  inform  the  public,  par- 
ticiilarly  law  enforcement  groups,  of  the  high  theft  car 
lines  for  the  1992  model  year.  It  also  identifies  those 
car  lines  that  are  exempted  from  the  theft  prevention 
standard  for  the  1992  model  year  because  of  standard 
equipment  anti-theft  devices. 

The  list  includes  the  four  new  1992  car  lines  se- 
lected by  the  agency  in  accordance  with  procedures 
published  in  49  CFR  Part  542  as  likely  to  be  high  theft 
lines.  The  list  also  includes  all  those  lines  that  were 
selected  as  high  theft  lines  and  listed  for  prior  model 
years. 

The  notice  also  includes  seven  high  theft  lines 
exempted  by  the  agency,  beginning  from  MY  1992, 
from  the  parts  marking  requirements  of  Part  541.  Five 
of  these  car  lines  are  exempted  in  full  from  Part  541, 
and  two  are  exempted  in  part,  with  the  manufacturer 
required  to  mark  only  the  engines  and  transmissions 
of  these  vehicles. 

Notice  and  comment;  effective  date.  The  car  lines  listed 
as  being  subject  to  the  standard  have  been  selected  as 
high  theft  lines  in  accordance  with  the  procedures  of 
49  CFR  Part  542  and  Section  603  of  the  Cost  Savings 
Act.  Under  these  procedures,  manufacturers  evaluate 
new  car  lines  to  conclude  whether  those  new  lines  are 
likely  to  have  high  theft  rates.  Manufacturers  submit 


PART  541-PRE  73 


these  evaluations  and  conclusions  to  the  agency,  which 
makes  an  independent  evaluation,  and,  on  a  prelimi- 
nary basis,  determines  whether  the  new  line  should  be 
subject  to  parts  marking.  NHTSA  informs  the  manu- 
facturer in  writing  of  its  evaluations  and  determina- 
tions, together  with  the  factual  information  considered 
by  the  agency  in  making  them.  The  manufacturer  may 
request  the  agency  to  consider  these  preliminary 
determinations.  Within  60  days  of  the  receipt  of  the 
request,  NHTSA  makes  its  final  determination. 
NHTSA  informs  the  manufacturer  by  letter  of  these 
determinations  and  its  response  to  the  request  for 
reconsideration.  If  there  is  no  request  for  reconsider- 
ation, the  agency's  determination  becomes  final  45  days 
after  sending  the  letter  with  the  preliminary  determin- 
ation. Each  of  the  new  car  lines  on  the  high  theft  list 
is  the  subject  of  a  final  determination. 

Similarly,  the  car  lines  listed  as  being  exempt  from 
the  standard  have  been  exempted  in  accordance  with 
the  procedures  of  49  CFR  Part  543  and  Section  605 
of  the  Cost  Savings  Act. 

Therefore,  NHTSA  finds  for  good  cause  that  notice 
and  opportunity  for  comment  on  this  listing  are  un- 
necessary. Further,  public  comment  on  the  listing  of 
selections  and  exemptions  is  not  contemplated  by  Title 
VI,  and  is  unnecessary  after  the  selections  and  exemp- 
tions have  been  made  in  accordance  with  the  statutory 
criteria. 

For  the  same  reasons,  since  this  revised  listing  only 
informs  the  public  of  previous  agency  actions,  and  does 
not  impose  any  additional  obligations  on  any  party, 
NHTSA  finds  for  good  cause  that  the  amendment  made 
by  this  notice  should  be  effective  as  soon  as  it  is  pub- 
lished in  the  Federal  Register. 


In  consideration  of  the  foregoing,  49  CFR  Part  541 
is  amended  as  follows: 

Appendix  A  of  Part  541  is  revised  to  read  as  follows. 
Appendix  A-I  is  revised  to  read  as  follows,  and  Appen- 
dix A-II  is  revised  to  read  as  follows: 


aendix  A— 

Chrysler 

Eagle  Talon 

General  Motors 

Saturn  Sports  Coupe 

Mazda 

MX-3* 

Subru 

svx* 

aendix  A-I— 

BMW 

8  Car  line** 

Honda 

Acura  Vigor** 

Porsche 

968** 

Toyota 

Lexus  SC300** 

Lexus  SC400** 

Volkswagen  Audi  200/84 

Appendix  A-II— 
General  Motors 
Buick  Park  Avenue***    Engine,  Transmission 
Pontiac  Bonneville***      Engine,  Transmission 

*  Car  lines  added  in  IVIodel  Year  1992. 

**  Lines    exempted    in  full    from    the    requirements    of 

Part  541   pursuant  to  49  CFR  Part  543,   beginning  from 
MY  1992. 

***  Lines    exempted    in  part    from    the    requirements    of 

Part    541    pursuant  to    49    CFR    543,    beginning    in 
MY  1992. 


Issued  on  August  28,  1991. 


56  F.R.  43711 
September  4, 1991 


PART  541-PRE  74 


PART541— Appendix  A 
Lines  subject  to  the  requirements  of  Part  541 


Manufacturer 

Subject  Lines 

Alfa  Romeo 

Milano  161 
Fiat  164 

BMW 

3-Carlineri 

5-Carline 

6-Carline 

ufacturer 


Subject  Li; 


Chrysler 


General  Motors 


Chrysler  Executive  Sedan/Limousine 

Chrysler  Fifth  Avenue/Newport 

Chrysler  Laser 

Chrysler  LeBaron/Town  &  Country 

Chrysler  LeBaron  GTS 

Chrysler  TC 

Chrysler  Eagle  Talon 

Chrysler  New  Yorker  Fifth  Avenue 

Dodge  Aries 

Dodge  Daytona 

Dodge  Diplomat 

Dodge  Lancer 

Dodge  600 

Dodge  Stealth 

I  Eagle  Talon] 

Plymouth  Caravelle 

Plymouth  Laser 

Plymouth  Gran  Fury 

Plymouth  Reliant 


Consulier  GTP 


Ford  Mustang 
Ford  Thunderbird 
Ford  Probe 
Mercury  Capri 
Mercury  Cougar 
Lincoln  Continental 
Lincoln  Mark 
Lincoln  Town  Car 
Merkur  Scorpio 
Merkur  XR4Ti 


Buick  Electra 
Buick  LeSabre 
Buick  Reatta 
Buick  Regal 
Buick  Riviera 
CadUlac  DeVUle 
Cadillac  Eldorado 
CadUlac  Seville 
Chevrolet  Nova 


Mercedes-Benz 


Chevrolet  Lumina 

Oldsmobile  Cutlass  Supreme 

Oldsmobile  Delta  881*1 

Oldsmobile  Toronado 

Pontiac  Fiero 

Pontiac  Grand  Prix 

Geo  Prizm 

Geo  Storm 

ISaturn  Sports  Coupe| 


Isuzu 

Impulse 
Stylus 

Jaguar 

XJ 

XJ-6 

XJ-40 

Lotus 

Lotus  Elan 

Maserati 

Biturbo 

Quattroporte 

228 

GLC 

626 
MX-6 

MX-5  Miata 
|MX-3*1 


190  D/E 

250D-T 

260  E 

300  CE 

300  D/E 

300  SE 

300  SL 

300  TD 

300  TE 

300  SDL 

300  SEL 

380  SEC/500  SEC 

380  SEL/500  SEL 

380  SL 

420  SEL 

500  SL 

560  SEL 

560  SEC 

560  SL 


Cordia 
Tredia 
Eclipse 


PART  541-A-l 


PART  541— Appendix  A— Continued 

Lines  subject  to  the  requirements  of  Part  541 


Manufacturer 

Subject  Lines 

Peugeot 

405 

Porsche 

924S 

Reliant 

SSI 

Saab 

900 

Subaru 

XT 

ISVX'l 

Toyota 

Camry 

Celica 

Corolla/Corolla  Sport 

MR2 

Starlet 

Volkswagen 

Audi  Quattro 
Volkswagen  Cabriolet 
Volkswagen  Rabbit 
Volkswagen  Scirocco 
Volkswagen  Corrado 

•  Lines  added  in  Model  Year  1992. 

(56  F.R.  437H-September  4,  1991.  Effective:  September  4,  1991) 


(Rev.  9/11/90) 


PART  541-A-2 


PART541— Appendix  A-l 

High-Theft  Lines  With  Antitheft  Devices  That  are  Exempted  from  the  Requirements  of  This  Standard 
Pursuant  to  49  CFR  Part  543 


Manufacturer 

Exempted  Lines 

Austin  Rover 

Sterling 

BMW 

7  Car  line 
|8  Car  line**l 

Chrysler 
Chrysler 

Chrysler  Conquest 
Imperial 

General  Motors 

Cadillac  Allante 
Chevrolet  Corvette 

Honda 

Acura  NS-X 
Acura  Legend 
lAcura  Vigor*  •] 

Isuzu 

Impulse 

Mazda 

929 
RX7 

Mitsubishi 

Galant 
Starion 

Maxima 
300  ZX 
Infiniti  M30 
Infiniti  Q45 


911 


1968**1 


Toyota 


Volkswagen 


Volvo 


Supra 
Cressida 
Lexus  LS400 
Lexus  ES250 
ILexus  SC300* 
ILexus  SC400* 


Audi  500S 
Audi  100 
lAudi  200/S41 


480ES 


••  Lines  exempted  Trom  the  requirements  of  Part  541  pursuant  to  49  CFR  Part  543  in  MY  1992. 

(56  F.R.  43711— September  4,  1991— Effective:  September  4.  1991) 


PART  541-A-3-4 


PART541— Appendix  A-ll 

High  Theft  Lines  With  Antitheft  Devices  That  are  Exempted  in  Part  From  the  Parts-IVIarking  Requirements 
of  This  Standard  Pursuant  to  49  CFR  Part  543 


Manufacturer  Exempted  Lines 


General  Motors 


Chevrolet  Camaro 
Pontiac  Firebird 
Cadillac  Deville- 

Fleetwood 
Oldsmobile  98 
[Buick  Park 

Avenue*** 
[Pontiac 

Bonneville*  *• 


Engine,  Transmission 
Engine,  Transmission 
Engine,  Transmission 

Engine,  Transmission 
Engine,  Transmission] 

Engine,  Transmission! 


'*•  Received  partial  exemptions  from  the  requirements  of  PART  541  pur- 
suant to  49  CFR  Part  543  in  MY  1992. 

(56  F.R.  43711— September  4,  1991— Effective:  September  4,  1991) 


(Rev.  9/11/90) 


PART  541-A-5-6 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  571 

Seating  Reference  Point 

(Docket  No.  82-05;  Notice  4) 
RIN:  2127-AD46 


ACTION:    Final  rule. 

SUMMARY:  This  rule  amends  the  definition  of  "seat- 
ing reference  point,"  a  term  used  in  this  agency's 
safety  standards.  "Seating  reference  point"  identifies 
a  single  adjustment  point  for  each  seating  position. 
That  point  is  used  in  determining  if  the  vehicle  com- 
plies with  requirements  set  forth  in  several  of  the 
safety  standards. 

This  rule  amends  the  definition  of  "seating  reference 
point"  to  clarify  that  it  is  not  necessarily  the  absolute 
rearmost  point  to  which  a  seat  can  be  adjusted.  This 
rule  also  amends  the  definition  to  provide  that  the 
"seating  reference  point"  is  established  using  95th  per- 
centile adult  male  leg  segments,  instead  of  the  smaller 
90th  percentile  adult  male  leg  segments  specified  in  the 
current  definition. 

DATES:  The  amendment  to  the  definition  of  "seating 
reference  point"  made  in  this  rule  is  effective  as  of  Sep- 
tember 1,  1992.  At  their  option,  manufacturers  may 
begin  using  the  post  September  1992  definition,  in 
place  of  the  current  one,  after  September  11,  1997. 

SUPPLEMENTARY  INFORMATION: 

Seating  Reference  Point 

For  the  purposes  of  the  Federal  Motor  Vehicle  Safety 
Standards,  the  term  "seating  reference  point"  is  cur- 
rently defined  in  49  CFR  §571.3  as: 

The  manufacturer's  design  reference  point  which— 

(a)  Establishes  the  rearmost  normal  design  driving 
or  riding  position  of  each  designated  seating  position 
in  a  vehicle; 

(b)  Has  coordinates  established  relative  to  the 
designed  vehicle  structure; 

(c)  Simulates  the  position  of  the  pivot  center  of  the 
human  torso  and  thigh;  and 

(d)  Is  the  reference  point  employed  to  position  the 
two  dimensional  templates  described  in  SAE  Recom- 
mended Practice  J826,  "Manikins  for  Use  in  Defining 
Vehicle  Seating  Accommodations,"  November  1962. 


The  four  conditions  set  forth  in  the  definition  of 
"seating  reference  point"  are  intended  to  ensure  that 
only  one  point  will  be  the  "seating  reference  point"  for 
any  seating  position  in  a  motor  vehicle,  and  to  ensure 
that  all  parties  can  agree  where  that  one  point  is 
located  for  a  particular  seating  position.  The  "seating 
reference  point"  is  used,  either  directly  or  indirectly, 
as  a  reference  point  in  determining  compliance  with 
several  of  the  agency's  safety  standards.  Standards  No. 
103  and  104  each  use  the  "seating  reference  point"  as 
a  reference  point  to  define  a  field  of  view  or  certain 
areas  of  the  windshield  that  must  comply  with  speci- 
fied requirements.  Standards  No.  201,  202,  207,  and 
210  each  use  the  "seating  reference  point"  as  a  refer- 
ence point  for  determining  the  components  that  are 
subject  to  the  requirements  of  the  standard  or  for  posi- 
tioning the  seats  to  determine  compliance  with  the 
requirements  of  the  standard. 

Rulemaking  History 

In  1980,  Mercedes-Benz  of  North  America,  Inc.  (Mer- 
cedes) petitioned  the  agency  to  amend  the  definition 
of  "seating  reference  point"  to  specify  95th  percentile 
thigh  and  lower  leg  segments  in  determining  the  loca- 
tion of  the  "seating  reference  point."  In  1982,  in 
response  to  the  Mercedes  petition,  the  agency  pub- 
lished an  advance  notice  of  proposed  rulemaking 
(ANPRM)  stating  that  the  "seating  reference  point" 
is  not  necessarily  the  absolute  rearmost  position  to 
which  a  seat  can  be  adjusted  and  that  the  agency  in- 
tended to  issue  a  notice  of  proposed  rulemaking 
(NPRM)  to  change  the  definition  of  "seating  reference 
point"  (47  FR  9865;  March  8,  1982).  The  purpose  of 
the  ANPRM  was  to  allow  interested  parties  an  oppor- 
tunity to  raise  issues  and  provide  information  that  the 
agency  should  consider  when  formulating  its  proposal. 

After  evaluating  the  comments  received  on  the 
ANPRM,  the  agency  published  an  NPRM  which 
differed  substantially  from  the  ANPRM  (51  FR  20536; 
June  5,  1986).  The  NPRM  stated  that  the  interpreta- 
tion in  the  ANPRM  that  "seating  reference  point"  was 
not  necessarily  the  absolute  rearmost  position  of  the 
seat  was  incorrect.  The  new  interpretation  was  based 
on  two  circumstances.  First,  Standard  No.  210  used 
the  SRP  as  its  reference  point  and  required  the  seat 


PART  571-PRE  57 


to  be  in  its  rearmost  position.  Thus,  the  location  dic- 
tated by  Standard  No.  210  would  prevent  a  manufac- 
turer from  establishing  a  seating  position  rearward  of 
the  SRP.  Second,  the  agency  surveyed  the  location  of 
the  SRP  in  vehicles  in  the  most  recent  compliance  test- 
ing program  and  discovered  that  all  manufacturers  had 
determined  the  SRP  with  the  seat  in  its  rearmost  po- 
sition. In  addition,  the  agency  was  concerned  that  the 
ANPRM  interpretation  could  lead  a  manufacturer  to 
conclude  that  a  seating  position  rearward  of  the  SRP 
could  be  occupied  while  the  vehicle  was  in  motion.  This 
could  result  in  an  upper  anchorage  location  being  for- 
ward of  the  occupant's  shoulder,  resulting  in  increased 
head  movement  and  potentially  increasing  the  risk  of 
head  injury. 

Because  the  agency  had  determined  that  the  location 
of  the  SRP  should  always  be  determined  with  the  seat 
in  its  rearmost  position,  the  agency  proposed  to  delete 
the  reference  to  leg  segment  length  in  the  definition. 
Leg  segment  length  was  used  in  the  current  definition 
to  determine  the  seat  adjustment  position  used  to 
locate  the  SRP.  Since  the  NPRM  proposed  to  specify 
the  seat  adjustment  position  at  which  the  SRP  was 
located  as  the  rearmost  position,  there  was  no  longer 
any  need  to  refer  to  a  particular  leg  segment  length. 

After  further  consideration,  the  agency  tentatively 
concluded  that  the  NPRM  approach  was  not  the  best 
approach  for  this  rulemaking.  The  agency  decided  that 
there  were  simpler,  but  equally  effective,  ways  of  en- 
suring that  seats  are  positioned  in  the  rearmost  posi- 
tion for  determining  the  upper  anchorage  locations  in 
Standard  No.  210.  In  April  1990,  the  agency  published 
a  final  rule  amending  Standard  No.  210  so  that  it  no 
longer  referred  to  "seating  reference  point"  (55  FR 
17970).  In  September  1990,  the  agency  published  a  sup- 
plementary notice  of  proposed  rulemaking  (SNPRM) 
on  the  definition  of  "seating  reference  point,"  propos- 
ing to  return  to  the  approach  originally  discussed  in 
the  ANPRM  (55  FR  37719).  The  definition  proposed 
in  the  SNPRM  was  based  upon  the  recommended  prac- 
tice of  the  Society  of  Automotive  Engineers  (SAE). 
(For  interested  parties,  the  history  of  this  rulemaking 
is  explained  in  greater  detail  in  the  SNPRM.) 

NHTSA  received  10  comments  in  response  to  the 
SNPRM.  Eight  of  the  nine  automotive  manufacturers 
who  commented  on  the  SNPRM  unanimously  sup- 
ported adopting  the  proposed  definition.  Mercedes  sup- 
ported "the  Agency's  approach  to  clarifying  the 
inconsistencies  related  to  the  definition  of  the  seating 
reference  point,"  but  recommended  the  adoption  of  the 
wording  they  suggested  in  their  comments  on  the 
NPRM.  The  only  other  commenter,  the  Automotive 
Occupants  Restraints  Council,  deferred  to  the 
responses  of  the  vehicle  manufacturers.  Commenters 
also  raised  six  other  issues  relevant  to  this  rulemak- 
ing, which  are  discussed  below. 


Comments 

1.  Adopt  Mercedes  definition  for  the  "seating 

reference  point. " 

Although  Mercedes  supported  "the  Agency's  ap- 
proach to  clarifying  the  inconsistencies  related  to  the 
definition  of  the  seating  reference  point,"  they  recom- 
mended adoption  of  their  wording  of  paragraph  (a),  as 
suggested  in  their  comments  of  May  5,  1983,  to  Docket 
82-05,  Notice  2: 

"(a)  Establishes  the  rearmost  normal  design  driving 
or  riding  position  as  stipulated  by  the  manufacturer, 
which  accounts  for  all  modes  of  cushion  adjustment- 
including  horizontal,  vertical,  and  tilt— that  are  avail- 
able in  the  seat,  but  not  to  include  seat  track  travel  used 
for  purposes  other  than  normal  driving  and  riding 
positions." 

The  language  preferred  by  Mercedes  attempts  to  fur- 
ther clarify  that  the  "seating  reference  point"  is 
established  by  the  manufacturer  and  is  not  the  abso- 
lute rearmost  point  to  which  a  seat  can  be  adjusted. 

Paragraphs  (a),  (b),  (c),  and  (d)(1)  of  NHTSA's  pro- 
posed definition  are  nearly  identical  with  the  SAE  defi- 
nition. In  addition,  all  of  the  commenters  except 
Mercedes  supported  the  definition  as  proposed.  Mer- 
cedes' recommendation  that  the  agency  adopt  their 
unique  language  appears  based  upon  preference  only, 
and  does  not  appear  to  significantly  improve  or  clarify 
the  proposed  definition.  Therefore,  the  agency  is  adopt- 
ing the  definition  of  "seating  reference  point"  as 


2.  Adoption  of  "(SqRP)"  in  the  definition  of 
"seating  reference  point. " 

General  Motors  (GM)  recommended  that  the  agency 
adopt  the  phrase  "(SgRP)"  that  is  found  after  the  word- 
ing "seating  reference  point"  in  SAE  JllOO  Jun84.  GM 
stated  that  this  would  further  clarify  the  meaning  of 
the  wording  used  in  the  standard  and  parallel  current 
industry  practice.  GM  stated  that  the  "SRP"  acronym 
used  by  NHTSA  when  referring  to  "seating  reference 
point"  may  create  confusion  in  some  situations  because 
GM  and  others  in  the  industry  use  the  "SRP"  acronym 
to  refer  to  the  absolute  rearmost  position  for  the  seat. 

In  the  SNPRM,  the  agency  stated  that  the  proposed 
"definition  of  SRP  is  similar  to  the  SgRP  concept  used 
by  the  SAE."  In  fact,  the  two  definitions  are  virtually 
identical.  Since  the  inclusion  of  the  phrase  "(SgRP)" 
in  the  definition  would  not  change  its  meaning  or  re- 
quire any  additional  modifications  to  any  safety  stand- 
ards, the  agency  has  decided  to  include  the  phrase  to 
avoid  any  possible  confusion.  Hereinafter,  the  phrase 
"SgRP"  will  be  used  for  the  term  "seating  reference 
point"  in  this  notice. 

3.  Allow  use  of  either  the  present  or  proposed 
definition  of  "seating/reference  point.  " 

In  its  comments,  Volvo  requested  that  manufacturers 
be  allowed  to  choose  between  either  the  present  or 


PART  571-PRE  58 


proposed  definition  in  the  future.  Volkswagen  stated 
that  the  final  rule  should  allow  immediate  optional  com- 
pliance with  either  the  present  or  proposed  definition. 

The  only  reason  offered  by  Volvo  to  support  its  sug- 
gestion was  that  manufacturers  would  not  have  to 
recertify  their  vehicles.  The  agency  does  not  find  this 
to  be  a  compelling  argument.  Any  rulemaking  may  re- 
quire that  manufacturers  recertify  their  vehicles.  In  ad- 
dition, four  of  the  commenters  (Chrysler,  Ford, 
Volkswagen,  and  FreightHner)  indicated  that  this 
rulemaking  would  have  little  or  no  effect  on  their  cur- 
rent practices. 

Volkswagen  requested  that  the  Final  Rule  allow  op- 
tional use  of  either  definition  from  publication  of  the 
final  rule  until  the  September  1,  1992  effective  date. 
This  would  allow  manufacturers  who  can  comply  with 
the  95th  percentile  location  without  product  design 
changes  to  harmonize  with  European  requirements  as 
soon  as  possible.  The  agency  finds  this  request  to  be 
reasonable. 

Since  no  commenter  suggested  that  the  proposed 
September  1,  1992  effective  date  was  not  reasonable, 
it  has  been  adopted.  In  addition,  optional  use  of  the  new 
definition  is  permissible  effective  September  11,  1991. 

4.  Revision  of  other  safetv  standards. 

The  SNPRM  requested  comments  on  whether  adop- 
tion of  the  proposed  The  SNPRM  requeste  change  to 
the  SgRP  definition  would  create  a  need  to  amend 
safety  standards  which  currently  use  the  seating  refer- 
ence point  or  similar  terminology.  Commenters  raised 
issues  involving  several  standards. 

GM  recommended  modifications  of  Standard  No. 
104,  Windshield  Hiping  and  Washing  Systems.  GM 
stated: 

"FMVSS  No.  104  and,  by  reference,  FMVSS  No. 
103  substitute  the  term  "seating  reference  point" 
for  the  terms  "manikin  H  point"  and  "H  point" 
wherever  either  of  those  terms  appears  in  any  SAE 
Standard  or  Recommended  Practice  referred  to  in 
the  standard.  This  substitution  of  terms  results  in 
references  to  "seating  reference  point  with  seat  in 
rearmost  position"  (SAE  Recommended  Practice 
J903a,  Figure  1).  This  terminology  is  potentially  in- 
ternally contradictory  when  the  "seating  reference 
point"  is  defined  to  permit  a  location  at  some  point 
other  than  the  rearmost  position  of  the  seat." 

NHTSA  agrees  with  GM  that  the  amended  definition 
of  SgRP  will  create  potentially  contradictory  refer- 
ences in  Standard  No.  104.  Elsewhere  in  today's  edition 
of  the  Federal  Register,  the  agency  has  published  an 
NPRM  proposing  to  amend  S3  of  Standard  No.  104. 
In  its  comments,  Mercedes  requested  revisions  of 
Standards  No.  103,  104,  107,  and  111  "to  permit  the 
use  of  the  "Eyellipse  and  Head  Contour  Locator 


Line— Adjustable  Seats"  as  described  in  the  newest 
version  of  SAE  J941,  October  1985."  These  standards 
all  use  SAE  J941,  November  1965  to  determine  the 
location  for  either  the  95th  or  99th  percentile  eye  range 
contour  (eyellipse).  This  SAE  Recommended  Practice 
requires  the  seat  to  be  in  its  rearmost  position.  Since 
"seating  reference  point"  is  not  referenced,  NHTSA 
does  not  believe  that  it  would  be  appropriate  to  address 
amendment  of  any  of  these  standards  in  the  rulemak- 
ing to  amend  Standard  No.  104. 

5.  Reference  uodated  version  of  SAE  J  1100. 

Volkswagen  commented  that  SAE  JllOO  JUN84  was 
presently  being  updated  by  the  SAE,  and  recom- 
mended that  the  updated  version  be  substituted  if  avail- 
able. NHTSA  has  contacted  the  SAE  and  been 
informed  that  the  June  1984  version  of  SAE  JllOO  is 
the  most  recently  approved  version. 

6.  Correction  of  Typographical  Error. 

Volkswagen  pointed  out  that  paragraph  (b)(4)  of  the 
proposed  definition  inaccurately  references  "SAE 
J826"  as  "SEA  J826."  This  typographical  error  has 
been  rectified  in  the  final  rule. 

7.  Seat  location  of  Standard  No.  210  upper 
anchorage  requirements. 

Mercedes  also  submitted  comments  concerning  the 
April  30, 1990  amendment  of  Standard  No.  210  (Docket 
87-02;  Notice  2).  These  comments  were  also  submitted 
by  Mercedes  during  the  Standard  No.  210  rulemaking 
and  were  addressed  in  the  preamble  to  the  Final  Rule 
(55  FR  17970;  April  30,  1990). 

In  consideration  of  the  foregoing,  NHTSA  Part  571 
of  Title  49  of  the  Code  of  Federal  Regulations  is 
amended  as  follows: 

Section  571.3  is  amended  by  revising  the  definition 
of  "seating  reference  point"  in  paragraph  (b).  The 
amendment  is  effective  on  and  after  September  1,  1992 
and  may  be  used  at  the  manufacturer's  option  on  or 
after  September  11,  1991.  As  amended,  the  definition 
reads  as  follows: 

§571.3     Definitions. 

(b)  Other  definitions. 

Seating  reference  point  (SgRP)  means  the  unique 
design  H-point,  as  defined  in  SAE  JllOO  (June  1984), 
which: 

(a)  Establishes  the  rearmost  normal  design  driving 
or  riding  position  of  each  designated  seating  position, 
which  includes  consideration  of  all  modes  of  adjust- 
ment, horizontal,  vertical,  and  tilt,  in  a  vehicle; 

(b)  Has  X,  Y,  and  Z  coordinates,  as  defined  in  SAE 
TllOO  (June  1984),  established  relative  to  the  designed 
vehicle  structure; 


PART  571-PRE  59 


(c)  Simulates  the  position  of  the  pivot  center  of  the  not  be  positioned  in  the  seating  position,  is  located  with 
human  torso  and  thigh;  and  the  seat  in  its  most  rearward  adjustment  position 

(d)  Is  the  reference  point  employed  to  position  the 

two-dimensional  drafting  template  with  the  95th  per-  Issued  on  August  6,  1991 

centile  leg  described  in  SAE  J826  (May  1987),  or,  if  56  f.R.  38084 

the  drafting  template  with  the  95th  percentile  leg  can-  August  12,  1991 


PART  571-PRE  60 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  571 

Seating  Reference  Point 

(Docket  No.  87-02;  Notice  4) 
RIN:  2127-AA43 


ACTION:  Final  rule;  response  to  petitions  for  recon- 
sideration. 

SUMMARY:  In  April  1990,  this  agency  published  a 
final  rule  making  several  amendments  to  the  safety 
standard  regulating  seat  belt  assembly  anchorages. 
NHTSA  received  7  petitions  for  reconsideration  of  this 
rule.  In  response  to  these  petitions,  the  agency  is  mak- 
ing several  changes  to  the  final  rule  published  in  April 
1990.  Specifically,  this  rule: 

1.  Excludes  the  attachment  hardware  for  automatic 
belts  and  for  those  dynamically  tested  manual  belts  that 
are  the  only  restraint  at  a  seating  position  from  the 
Standard  No.  210  strength  test; 

2.  Modifies  the  regulatory  language  to  specify  that 
the  geometry  of  the  webbing  is  to  be  duplicated  "at 
the  initiation  of  the  test." 

3.  Extends  the  effective  date  of  the  increased  lap 
belt  minimum  angle  requirement  one  year  for  rear 
seats; 

4.  Removes  all  redundant  anchorage  requirements; 

5.  Amends  the  simultaneous  testing  requirement; 
and 

6.  Substitutes  the  term  "hip  point"  for  the  term 
"seating  reference  point"  in  the  definition  of  "outboard 
designated  seating  position". 

DATES:  The  amendments  made  in  this  rule  are  effec- 
tive September  1,  1992. 

Any  petitions  for  reconsideration  of  this  rule  must 
be  received  by  NHTSA  no  later  than  September  1, 
1992. 

SUPPLEMENTARY  INFORMATION: 
Background 

On  April  30, 1990  (55  FR  17970),  NHTSA  published 
a  final  rule  amending  Standard  No.  210,  Seat  Belt 
Assembly  Anchorages  (49  CFR  571.210).  The  rule 
made  several  amendments  to  the  safety  standard, 
specifically: 

1.  Increasing  the  minimum  lap  belt  angle  to  reduce 
the  likelihood  of  occupant  submarining  in  a  crash; 

2.  Excluding  front  outboard  designated  seating 
positions  equipped  with  automatic  safety  belts  from  the 


requirement  that  those  positions  also  be  equipped  Math 
anchorages  for  manual  shoulder  belts; 

3.  Permitting  the  optional  use  of  some  new  test 
equipment  for  compliance  testing  to  make  the  compli- 
ance tests  simpler  and  less  costly  to  perform;  and 

4.  Removing  some  ambiguities  in  the  current  com- 
pliance testing  procedures  so  that  all  parties  would 
know  precisely  how  compliance  testing  will  be  con- 
ducted by  the  agency. 

The  agency  received  7  petitions  for  reconsideration 
of  this  rule.  This  notice  responds  to  those  petitions.  In 
addition.  General  Motors'  [GM]  petition  included  five 
requests  for  interpretation  of  the  final  rule  which  will 
also  be  discussed  in  this  notice. 

Petition  Issues 

I.  Attachment  Hardware  Definition  and  Testing 

A.  Exclude  Attachment  Hardware 

The  final  rule  extended  the  applicability  of  Standard 
No.  210  to  the  attachment  hardware  of  a  safety  belt 
system.  Navistar  International  attachment  hardware 
Transportation  Corporation  (Navistarl,  Ford  Motor 
Company  [Ford],  and  the  Motor  Vehicle  Manufacturers 
Association  of  the  United  States  Incorporated  [MVMA] 
submitted  petitions  opposing  this  amendment.  All  three 
petitioners  stated  that  this  amendment  was  unneces- 
sary because  Standard  No.  209,  Seat  Belt  Assemblies, 
already  specifies  performance  requirements  for  the 
strength  of  attachment  hardware.  All  three  petition- 
ers argued  that  the  Standard  No.  208  dynamic  test  and 
the  Standard  No.  209  static  test  are  reasonable  and 
sufficient  tests,  by  themselves,  to  test  the  performance 
of  the  attachment  hardware  of  safety  belt  systems.  In 
addition,  MVMA  argued  that  the  inclusion  of  attach- 
ment hardware  in  Standard  No.  210  was  in  conflict 
with  Standard  No.  208,  Occupant  Crash  Protection. 
Section  S4.5.3.4  of  Standard  No.  208  excludes  auto- 
matic safety  belt  systems,  including  the  attachment 
hardware,  from  the  performance  requirements  of 
Standard  No.  209.  Thus,  MVMA  argued  that  the 


PART  571-PRE  61 


amendment  to  Standard  No.  210  effectively  reinstated 
a  static  test  performance  requirement  for  the  attach- 
ment hardware  of  an  automatic  safety  belt  system. 

After  the  April  30,  1990  final  rule,  the  attachment 
hardware  for  different  belt  systems  were  subject  to 
different  testing  requirements.  The  attachment  hard- 
ware for  automatic  belts  that  were  tested  during  the 
Standard  No.  208  crash  test,  were  excluded  from 
Standard  No.  209's  static  tests,  but  were  subject  to 
Standard  No.  210's  static  tests.  The  attachment  hard- 
ware for  dynamically  tested  manual  belts  were  tested 
during  the  Standard  No.  208  crash  test  and  the  Stand- 
ards No.  209  and  210  static  tests.  The  attachment  hard- 
ware for  other  manual  belts  were  not  crash  tested 
under  Standard  No.  208,  but  were  subject  to  the  static 
tests  of  Standards  No.  209  and  210. 

On  April  16,  1991,  NHTSA  published  a  final  rule 
making  the  requirements  of  Standard  No.  209  identi- 
cal for  automatic  belts  and  those  dynamically  tested 
manual  belts  that  are  the  only  occupant  restraint  at  a 
seating  position  (56  FR  15295).  As  a  result  of  this 
rulemaking  action,  the  attachment  hardware  for  both 
automatic  and  dynamically  tested  manual  belts  are  now 
excluded  from  Standard  No.  209's  static  tests.  The 
agency  explained  that  Standard  No.  209's  static  test 
procedures  were  a  surrogate  for  Standard  No.  208's 
crash  test  and  that  the  surrogate  was  unnecessary  for 
attachment  hardware  that  have  been  crash  tested. 
NHTSA  has  determined  that  this  reasoning  is  equally 
persuasive  for  attachment  hardware  under  the  Stand- 
ard No.  210  static  tests.  Therefore,  this  rule  excludes 
the  attachment  hardware  for  seat  belt  assemblies  that 
meet  the  frontal  crash  protection  requirements  of  S5.1 
of  Standard  No.  208.  It  should  be  noted,  as  explained 
in  the  April  16,  1991  notice,  the  agency  does  not  con- 
sider a  manual  belt  installed  at  a  seating  position  that 
is  also  equipped  with  an  air  bag  to  be  dynamically 
tested,  and,  therefore,  the  attachment  hardware  for 
these  belts  would  be  subjected  to  the  Standard  No.  210 
strength  tests. 

The  requirement  to  test  attachment  hardware  under 
Standard  No.  210  is  not  redundant  or  unnecessary  for 
manual  safety  belt  systems  that  are  not  dynamically 
tested.  Attachment  hardware  is  an  integral  part  of  the 
transfer  of  safety  belt  loads  to  the  vehicle  structure. 
The  strength  conditions  in  Standard  No.  210  are  in- 
tended to  subject  the  vehicle  anchorage  to  force  levels 
that  are  sufficiently  high  than  one  can  be  reasonably 
certain  that  the  safety  belt  will  remain  attached  to  the 
vehicle  structure,  even  when  exposed  to  severe  crash 
conditions.  If  the  attachment  hardware  were  not  sub- 
jected to  those  same  force  levels,  during  the  Standard 
No.  210  test,  the  test  would  be  less  useful.  A  belted 
occupant  will  not  be  well  protected  in  a  crash  if  the 
attachment  hardware  breaks,  but  the  rest  of  the 
anchorage  withstands  the  crash  loading.  To  minimize 
the  chances  of  the  attachment  hardware  breaking 


during  a  crash,  the  agency  is  not  rescinding  the  require- 
ment to  test  attachment  hardware  for  non-dynamically 
tested  safety  belts. 

In  addition,  the  agency  continues  to  believe  that  the 
attachment  hardware  originally  installed  at  a  seating 
position  should  be  used  during  Standard  No.  210  com- 
pliance tests  for  the  anchorages  for  all  safety  belt  sys- 
tems, including  those  whose  attachment  hardware  is 
excluded  from  the  requirements  of  S4.1.1  and  S4.1.2. 
in  order  to  ensure  that  the  load  application  onto  the 
anchorage  is  as  realistic  as  possible.  The  agency  has 
considered  conducting  the  compliance  tests  using 
replacement  fixtures  which  duplicate  the  geometry. 
However,  the  agency  is  concerned  that  developing  a 
fixture  which  would  accurately  simulate  every  attach- 
ment would  be  very  difficult.  The  agency  cannot  just- 
ify devoting  the  time  necessary  to  solve  this  difficult 
problem,  because  such  a  fixture  would  be  less  represen- 
tative of  the  particular  attachment  hardware  in  the 
vehicle  being  tested.  However,  for  safety  belts  excluded 
from  the  requirements  of  S4.1.1  and  S4.1.2.  failure  of 
the  attachment  hardware  will  be  considered  an  incom- 
plete test,  not  an  apparent  non-compliance. 

B.  Develop  a  More  Objective  Test  Procedure 

Ford's  and  MVMA's  petitions  for  reconsideration 
stated  that  the  final  rule  did  not  establish  an  objective 
test  procedure  for  testing  attachment  hardware.  Some 
of  the  issues  that  Ford  indicated  needed  to  be  resolved 
include:  adjusted  position  of  adjustable  attachment 
hardware  for  D-rings  and  automatic  belts,  status  of  ad- 
justment mechanisms,  amount  of  webbing  on  the 
retractor  spools,  retractor  locking  mechanism  status, 
door  latch  and  lock  status,  and  convertible  top  and  mov- 
able window  status.  As  explained  below,  the  agency 
does  not  agree  that  further  clarification  of  these  issues 
is  necessary,  and  therefore,  denies  these  aspects  of 
these  petitions. 

As  a  general  matter,  when  a  standard  does  not  spec- 
ify a  particular  test  condition,  there  is  a  presumption 
that  the  requirements  of  the  standard  must  be  met  at 
all  such  test  conditions.  This  presumption  that  the 
standard  must  be  met  at  all  positions  of  unspecified  test 
conditions  may  be  rebutted  if  the  language  of  the  stand- 
ard as  a  whole  or  its  purposes  indicate  an  intention  to 
limit  unspecified  test  conditions  to  a  particular  condi- 
tion or  conditions. 

In  the  case  of  the  strength  requirements  in  Standard 
No.  210,  nothing  in  the  language  of  the  standard  sug- 
gests that  the  strength  requirements  were  only  to  be 
measured  with  the  safety  belt  or  other  vehicle  features 
at  certain  adjustment  positions.  Indeed,  the  purpose 
of  the  standard  is  to  reduce  the  likelihood  that  an  an- 
chorage will  fail  in  a  crash.  To  serve  this  purpose,  the 
anchorage  must  be  capable  of  meeting  the  strength  re- 
quirements with  the  safety  belt  and  other  vehicle  fea- 
tures at  any  adjustment,  since  those  features  could  be 
at  any  adjustment  position  during  a  crash. 


PART  571 -PRE  62 


C.  Rescind    the   Requirement    to    "Duplicate    the 


In  the  final  rule,  Standard  No.  210  was  amended  to 
require  that  the  test  setup  "duplicate  the  geometry" 
of  the  original  equipment  webbing  at  that  seating 
position.  In  its  petition  for  reconsideration.  GM  re- 
quested that  the  agency  reconsider  this  test  require- 
ment. GM  stated  that  the  agency  has  not  provided  any 
information  regarding  the  connection  of  the  cables, 
chains  or  webbing  to  the  attachment  hardware  to  allow 
vehicle  manufacturers  to  determine  objectively  that 
their  compliance  test  "duplicates  the  geometry"  of  the 
original  equipment  webbing.  Specifically,  they  stated 
that  the  agency  has  provided  no  clarification  regard- 
ing what  geometry  a  manufacturer  is  to  simulate  for 
compliance  testing.  Therefore,  GM  concludes,  the 
manufacturer  must  either  test  with  the  seat  belt  as- 
sembly installed  as  original  equipment  or  risk  that  its 
own  interpretation  of  "duplicate  the  geometry"  will 
agree  with  NHTSA's  interpretation  should  a  question 
of  Standard  No.  210  compliance  arise. 

The  agency  continues  to  believe  that  the  phrase 
"duplicate  the  geometry"  is  necessary  for  the  enforce- 
ment of  this  standard.  The  phrase  simply  means  that 
the  direction  of  loading  and  the  orientation  of  the  at- 
tachment hardware  should  be  the  same  as  it  would  be 
for  the  original  equipment  webbing.  The  phrase  was 
included  in  conjunction  with  the  use  of  substitute  web- 
bing material  to  protect  vehicle  manufacturers  from 
the  agency  identifying  apparent  noncompliances  based 
upon  test  conditions  with  unrealistic  loading.  However, 
as  evidenced  by  GM's  concern  about  what  geometry 
must  be  simulated,  the  agency  recognizes  that  the 
direction  of  loading  and  the  orientation  of  the  attach- 
ment hardware  may  change  during  the  course  Of  the 
test.  Therefore,  to  provide  clarification,  the  agency  has 
modified  the  regulatory  language  to  specify  that  the 
geometry  is  to  be  duplicated  "at  the  initiation  of  the 
test." 

II.     Lap  Belt  Minimum  Angle 

A.  Reduce  Lap  Belt  Angle  Back  to  20  Degrees 

In  the  final  rule,  based  on  test  data  that  showed  that 
the  occurrence  of  occupant  submarining  is  diminished 
as  the  lap  belt  angle  is  increased,  the  agency  increased 
the  minimum  lap  belt  angle  from  20  degrees  to  30 
degrees  above  the  horizontal,  measured  from  the  seat- 
ing reference  point  [SgRP]  to  either  the  anchorage  or 
the  point  where  the  safety  belt  contacts  the  seat  frame. 
In  its  petition  for  reconsideration,  GM  requested  that 
the  agency  rescind  this  change.  While  agreeing  with 
the  agency  that  increasing  the  lap  belt  angle  will 
decrease  the  possibility  of  submarining.  GM  argued 
that  increasing  the  lap  belt  angle  from  20  to  30  degrees 
cannot  be  objectively  quantified  as  an  enhancement  of 
motor  vehicle  safety.  In  its  petition  for  reconsideration. 


Jaguar  Cars,  Incorporated  [Jaguar]  also  asked  the 
agency  to  reconsider  this  amendment  and  reduce  the 
rear  lap  belt  angle  back  to  20  degrees  to  harmonize  this 
requirement  with  Economic  Commission  for  Europe 
[ECE]  Regulation  No.  14. 

Neither  petitioner  submitted  any  information  to  per- 
suade the  agency  that  its  initial  conclusion  was  incor- 
rect. While  GM  is  correct  that  the  agency  cannot 
precisely  quantify  the  safety  benefit  of  increasing  the 
minimum  lap  belt  angle  10  degrees,  GM  did  not  dis- 
pute the  agency  conclusion  that  this  10  degree  increase 
will  enhance  safety  by  reducing  the  likelihood  of  sub- 
marining. Additionally,  Jaguar  did  not  submit  any 
information  indicating  that  the  likelihood  of  submarin- 
ing caused  by  a  shallow  belt  angle  is  any  less  for  rear 
seat  occupants,  nor  is  the  agency  aware  of  any  such 
information.  Therefore,  until  a  test  is  available  to 
specifically  evaluate  submarining,  the  agency  will  con- 
tinue to  rely  on  a  minimum  lap  belt  angle  requirement 
in  Standard  No.  210  to  prevent  submarining. 

B.  Extend  the  Effective  Date 

In  addition  to  asking  the  agency  to  reconsider  the 
increased  lap  belt  minimum  angle  requirement,  both 
GM  and  Jaguar  objected  to  this  amendment  on  the 
grounds  that  more  time  is  needed  for  implementation. 
GM  asserted  that,  although  some  seat  belt  anchorages 
may  be  moved  with  minimal  vehicle  modification,  other 
anchorages  cannot  be  relocated  without  first  address- 
ing the  overall  performance  of  the  seat/restraint  sys- 
tem at  that  location.  GM  also  stated  that  the  increased 
lap  belt  angle  requirement  would  significantly  affect 
rear  seating  positions  in  several  GM  vehicles  and 
provided  a  list  of  9  body  component  changes  and  as- 
sembly component  changes  affected  by  this  amend- 
ment. GM  did  not  suggest  a  possible  date  that  this 
requirement  should  be  effective. 

Jaguar  stated  that  a  one  year  extension  to  Septem- 
ber 1,  1993  was  necessary  to  meet  the  new  require- 
ments, including  design  and  development,  compliance 
testing,  and  introduction  into  production.  Like  GM, 
Jaguar  stated  that  relocation  of  the  safety  belt  an- 
chorages in  the  rear  seats  would  involve  the  hardest 
and  most  time  intensive  design  changes. 

The  agency  recognized  that  the  final  rule  would  re- 
quire relocation  of  the  safety  belt  anchorages,  and  for 
this  reason  provided  two  and  one  half  years  lead  time 
to  implement  these  changes.  However,  the  agency  finds 
GM's  and  Jaguar's  explanation  of  the  special  difficul- 
ties in  relocation  of  the  rear  seat  anchorages  persua- 
sive. To  allow  manufacturers  sufficient  time  to 
implement  the  necessary  design  changes  in  rear  seats, 
the  agency  is  extending  the  effective  date  one  year  for 
rear  seats.  The  agency  believes  that  the  September  1, 
1992  effective  date  should  continue  to  apply  for  all 
front  outboard  seating  positions. 


PART  571-PRE  63 


III.  Seating  Reference  Point 

In  the  final  rule,  NHTSA  revised  S4.3.2  to  require 
the  seat  to  be  ad]usted  so  that  the  "H"  point  of  the 
drafting  template  is  located  at  "the  design  "H"  point 
of  the  seat  for  its  full  rearward  and  full  downward 
position,"  rather  than  at  the  seating  reference  point 
(SgRP),  when  determining  if  the  shoulder  belt  for  that 
seat  complies  with  the  location  requirements  of  Stand- 
ard No.  210.  The  agency  did  not  reexamine  the  seat 
adjustment  specification  that  is  the  basis  for  determin- 
ing whether  a  lap  belt  or  the  lap  belt  portion  of  a 
lap/shoulder  belt  meets  the  minimum  and  maximum 
mounting  angle  requirements  in  Standard  No.  210.  The 
agency  stated  that  it  would  continue  to  use  the  exist- 
ing SgRP,  even  though  the  seating  adjustment  posi- 
tion for  the  SgRP  "may  not  be  the  rearmost  position." 

In  its  petition.  Volkswagen  requested  an  amendment 
to  Standard  No.  210  "to  provide  that  the  seating  refer- 
ence point  for  determining  the  minimum  and  maximum 
lap  belt  angles  be  based  on  the  seating  reference  point 
located  with  the  95th  percentile  male  dummy  leg 
length."  On  August  12th,  the  agency  published  a  final 
rule  amending  the  definition  of  SgRP  (56  FR  38084). 
The  amended  definition  establishes  that  the  SgRP  is 
located  using  the  95th  percentile  male  dummy  leg 
length. 

In  reviewing  this  petition,  however,  the  agency  has 
tentatively  determined  that  use  of  the  SgRP  may  not 
be  an  appropriate  means  of  determining  lap  belt  angle 
for  rear  adjustable  seats.  Elsewhere  in  today's  edition 
of  the  Federal  Register,  the  agency  has  published  an 
NPRM  proposing  to  measure  the  lap  belt  angle  from 
the  rearmost  seating  position  for  rear  adjustable  seats. 

IV.  Redundant  Anchorages 

Prior  to  the  April  30, 1990  final  rule,  S4.1.1  of  Stand- 
ard No.  210  required  anchorages  for  manual  lap/shoul- 
der belts  to  be  installed  for  all  front  outboard  seating 
positions  in  passenger  cars.  Section  S4.1.4  of  Standard 
No.  208  requires  that  front  outboard  seating  positions 
in  passenger  cars  manufactured  on  or  after  Septem- 
ber 1,  1989  be  equipped  with  automatic  crash  protec- 
tion. As  discussed  previously,  NHTSA  has  expressly 
excluded  the  anchorages  for  automatic  or  dynamically 
tested  manual  safety  belts  from  the  anchorage  location 
requirements  in  Standard  No.  210.  Thus,  the  an- 
chorages to  which  automatic  or  dynamically  tested 
manual  safety  belts  originally  installed  in  a  vehicle  are 
attached  are  not  required  to  comply  with  the  location 
requirements  of  Standard  No.  210. 

However,  if  the  anchorages  for  any  automatic  or 
dynamically  tested  manual  safety  belts  originally 
installed  at  a  front  outboard  seating  position  in  a 
passenger  car  do  not  comply  with  the  location  require- 
ments of  Standard  No.  210,  the  standard  provided 
(prior  to  the  April  30,  1990  final  rule)  that  anchorages 


for  a  manual  lap/shoulder  belt  that  comply  with  the  an- 
chorage location  requirements  must  also  be  installed 
at  that  seating  position.  This  redundant  anchorage  re- 
quirement was  partially  rescinded  by  the  final  rule  by 
the  addition  of  section  S4. 1.3(b)  which  stated  that 
redundant  upper  anchorages  for  manual  safety  belts 
were  not  required  in  the  front  outboard  seats  of  pas- 
senger cars  equipped  with  dynamically  tested  or  auto- 
matic safety  belts. 

On  November  23,  1987,  the  agency  amended  Stand- 
ard No.  208  to  require  dynamic  testing  of  manual 
lap/shoulder  belts  installed  in  the  front  outboard  seat- 
ing positions  of  trucks  and  multipurpose  passenger 
vehicles  with  a  gross  vehicle  weight  rating  [GVWR]  of 
8,500  pounds  or  less  [LTV's]  manufactured  on  and  after 
September  1,  1991.  On  March  12,  1986,  the  agency  ex- 
cluded the  anchorages  for  dynamically  tested  manual 
belts  from  the  anchorage  location  requirements  in 
Standard  No.  210  (55  FR  9813).  However,  as  explained 
for  automatic  belts,  while  the  anchorages  for  these 
belts  are  not  required  to  comply  with  the  location  re- 
quirements of  Standard  No.  210,  if  the  anchorages  do 
not  comply  with  the  location  requirements  additional 
anchorages  which  do  comply  with  the  location  require- 
ments must  be  installed  in  these  vehicles. 

Volkswagen  of  America,  Incorporated 's  [Volkswa- 
gen] and  MVMA's  petitions  for  reconsideration  re- 
quested that  the  agency  extend  the  deletion  of 
redundant  upper  anchorages  to  all  vehicles  equipped 
with  dynamically  tested  or  automatic  safety  belts.  In 
addition,  Volkswagen  noted  that  S4.1.2  of  Standard 
No.  210  still  requires  a  redundant  or  unused  (for 
manufacturers  who  have  chosen  to  comply  with  Stand- 
ard No.  208  using  a  shoulder  belt  and  a  knee  bolster) 
Type  1  safety  belt  anchorage 

The  notice  of  proposed  rulemaking  (NPRMl  for  this 
rulemaking  requested  comments  about  a  proposal  "to 
delete  the  requirement  for  providing  separate  Type  2 
safety  belt  anchorages  at  designated  seating  positions 
equipped  with  automatic  and  dynamically  tested  man- 
ual belts  which  meet  the  occupant  crash  protection  re- 
quirements of  Standard  No.  208."  See,  52  FR  3293  at 
3296;  February  3,  1987.  As  stated  previously,  the  final 
rule  deleted  only  the  requirement  for  redundant  upper 
anchorages  in  passenger  cars'  even  though  the  discus- 
sion in  the  preamble  mentioned  anchorages  for 
lap/shoulder  belts.  See,  55  FR  17970  at  17978.  April 
30,  1990.  The  agency  also  believes  that  the  reasons  the 
redundant  anchorage  requirement  was  deleted  for  pas- 
senger cars  are  equally  applicable  to  LTV's. 

As  stated  in  the  final  rule,  the  agency  believes  that 
all  redundant  anchorages  for  manual  lap  or  lap/shoul- 
der belts  are  unnecessary,  unless  they  are  needed  to 
secure  a  child  safety  seat.  Therefore,  the  agency  is 
amending  S4. 1.3(b)  to  remove  all  redundant  anchorage 
requirements,  including  the  manual  shoulder  belt  an- 
chorage in  light  trucks  (S4.1.1)  and  the  manual  lap  belt 
anchorage  in  S4.1.2. 


PART  571-PRE  64 


The  agency  notes  that  S4.1.3  still  requires  an- 
chorages for  a  Type  1  or  a  Type  2  safety  belt  anchorage 
at  the  right  front  seat  of  an  automobile  or  light  truck 
if  the  restraint  at  that  seat  cannot  secure  a  child  safety 
seat.  The  agency  intends  to  leave  this  requirement  in 
place. 

V.  Reduce  Test  Loads  on  School  Buses 

In  its  petition  for  reconsideration.  Thomas  Built 
Buses,  Incorporated  (Thomasl  asked  the  agency  to 
reconsider  a  portion  of  the  final  rule  pertaining  to  the 
anchorage  strength  requirements  on  small  school  buses 
(GVWR  of  10,000  pounds  or  less).  The  final  rule  re- 
quired simultaneous  testing  of  the  anchorages  on  a 
small  school  bus  seat,  thus  requiring  the  application  of 
10,000  or  15,000  pounds  of  force  during  the  test. 
Thomas  is  concerned  that  it  would  not  be  practicable 
to  design  floors  to  withstand  these  loads,  and  asked  the 
agency  to  base  the  new  requirement  on  either  2,500 
pounds  per  seating  position  or  a  30  mph  barrier  crash 
Thomas  believes  that  the  5,000  pound  requirement  for 
each  belt's  anchorage  system  is  not  warranted,  because 
they  have  never  observed  an  anchorage  failure  and  be- 
cause their  testing  indicates  low  crash  test  loads. 

While  Thomas  did  not  comment  on  the  NPRM, 
another  manufacturer  of  small  school  buses.  Blue  Bird 
Body  Company  [Blue  Bird]  submitted  similar  comments 
to  the  NPRM.  The  agency  considered  the  issue  of 
lowering  the  anchorage  test  load  requirement  for  small 
school  buses  in  the  analysis  for  the  final  rule,  and 
determined  that  this  change  would  degrade  the  level 
of  safety  of  the  school  bus.  Thomas  has  not  provided 
any  data  that  has  persuaded  the  agency  to  alter  this 
position. 

First,  Thomas'  petition  asserted  that  the  floor 
strength  will  be  required  to  support  a  load  of  30,000 
pounds.  The  agency  disagrees  with  this  assertion.  The 
highest  load  any  floor  would  be  subject  to  during  test- 
ing would  be  15,000  pounds.  This  would  be  during  the 
anchorage  test  for  a  3-passenger  bench  seat.  Thomas' 
assertion  appears  to  be  based  on  an  incorrect  interpre- 
tation that  the  standard  requires  simultaneous  testing 
of  the  entire  row,  i.e.,  two  laterally  adjacent 
3-passenger  bench  seats. 

Second,  the  agency  has  seen  evidence  from  two 
manufacturers  of  small  school  buses,  Lewis  Manufac- 
turing and  Blue  Bird,  that  the  floors  on  two  different 
takes  of  small  school  buses  can  comply  with  the  15.000 
pound  load  on  existing  flooring,  with  only  minor  rein- 
forcement of  the  bolt  holes.  The  floor  structure  itself, 
even  when  not  the  original  flooring  from  the  first  stage 
manufacturer,  did  not  have  to  be  reinforced. 

Finally,  the  agency  would  like  to  emphasize  that,  dur- 
ing an  actual  crash,  the  floor  will  be  subject  to  loads 
at  least  this  high,  if  not  higher,  due  to  the  loading  of 
all  safety  belts  and  seat  backs.  In  the  absence  of  a 


dynamic  test,  the  agency  feels  that  the  5,000  pound  re- 
quirement is  warranted.  The  agency  is  not  convinced 
by  Thomas,  assertions  of  no  known  failures  or  upon 
measures  of  low  crash  test  loads  on  individual  safety 
belts. 

VI.  Simultaneous  Testing 

Prior  to  the  final  rule,  Standard  No.  210  required  all 
floor-mounted  anchorages  for  adjacent  designated  seat- 
ing positions  to  be  tested  simultaneously  for  anchorage 
strength.  ECE  Regulation  No.  14  requires  all  an- 
chorages common  to  a  single  seat  assembly,  whether 
floor-mounted  or  mounted  on  a  seat  frame,  to  be  tested 
simultaneously.  In  the  NPRM,  the  agency  proposed: 
"Except  for  seat  belt  anchorages  common  to 
forward-facing  and  rearward-facing  seats,  all  floor- 
mounted  and  seat-mounted  seat  belt  anchorages 
for  a  set  of  laterally  adjacent  designated  seating 
positions    shall   be   tested   by    simultaneously 
loading..." 

The  agency  was  attempting  to  clarify  the  existing  re- 
quirement. The  agency  was  concerned  that  the  term 
"adjacent"  in  the  existing  regulation  was  imprecise  and 
could  be  misinterpreted  as  specifying  simultaneous 
testing  for  front  and  rear  outboard  seating  positions 
on  the  same  side  of  a  vehicle,  or  for  buckat  seats  in  the 
front  separated  by  a  console  or  some  other  structure. 
In  addition,  the  agency  was  proposing  to  extend  the 
simultaneous  testing  requirement  to  seat-mounted  seat 
belt  anchorages. 

In  the  final  rule,  the  reference  to  "adjacent  desig- 
nated seating  positions"  was  deleted  and  a  requirement 
for  simultaneous  testing  of  all  designated  seating 
positions  that  face  in  the  same  direction  and  are  com- 
mon to  the  same  occupant  seat  was  substituted.  Thus, 
the  final  rule  deleted  the  requirement  to  test  adjacent 
bucket  seats. 

Ford  petitioned  the  agency  to  reconsider  this  final 
rule  for  bucket  seats.  It  pointed  out  that  the  amend- 
ment of  S4.2.4  would  specify  non-simultaneous  load- 
ing of  anchorages  for  three  separate  but  immediately 
adjacent  bucket  seats,  even  if  those  seats  used  com- 
mon floor-mounted  anchorages  and/or  Common  attach- 
ment hardware.  Ford  stated  that  these  seating 
arrangements  are  becoming  more  common  in  multipur- 
pose passenger  vehicles,  and  that  S4.2.4  is  inadequate 
to  meet  the  need  for  motor  vehicle  safety  for  vehicles 
using  such  a  seat  design. 

The  agency  agrees  with  Ford  that  the  anchorages  for 
such  seating  arrangements  should  be  simultaneously 
tested.  The  intent  of  S4.2.4  is  to  require  simultaneous 
testing  for  safety  belt  anchorages  that  are  likely  to  sig- 
nificantly affect  the  strength  of  each  other.  During  this 
rulemaking,  the  agency  expressly  considered  the 
bucket  seats  in  the  front  of  passenger  vehicles.  These 
seats  are  usually  separated  by  either  the  transmission 


PART  571-PRE  65 


tunnel  or  an  instrument  console  and,  therefore,  are  un- 
likely to  significantly  affect  each  other.  The  agency  also 
expressly  considered  the  extremely  high  test  loads  that 
might  be  required  for  the  floors  of  small  school  buses 
if  an  entire  row  had  to  be  tested  simultaneously.  The 
agency  did  not  see  a  need  to  test  two  bench  seats  in 
a  small  school  bus  simultaneously  as  these  are  sepa- 
rated by  an  aisle  and  are,  therefore,  unlikely  to  signifi- 
cantly affect  each  other.  The  agency  did  not  expressly 
consider  seating  positions  that  are  not  on  the  same 
seat,  but  are  not  separated  by  an  aisle,  transmission 
tunnel,  or  the  like.  Examples  of  these  types  of  seats 
would  include  the  split  bench  seats  in  the  front  seats 
of  passenger  vehicles  and  the  adjacent  bucket  seats  in 
the  rear  of  vans  and  multipurpose  passenger  vehicles. 
Therefore,  the  agency  is  amending  S4  2.4  to  require 
simultaneous  testing  of  anchorages  for  designated  seat- 
ing positions  which  are  either  common  to  the  same 
occupant  seat  or,  although  not  common  to  the  same 
occupant  seat,  are  laterally  adjacent  and  have  an- 
chorages that  are  within  12  inches  of  each  other.  The 
agency  believes  the  12  inch  measurement  is  a  practi- 
cal means  of  identifying  anchorages  whose  perfor- 
mance is  likely  to  significantly  affect  the  performance 
of  other  anchorages.  The  agency  believes  that  front 
bucket  seats  are  not  likely  to  be  affected  by  this  require- 
ment because  they  are  separated  by  a  transmission  tun- 
nel or  console  and  therefore  the  distance  between  the 
anchorages  usually  exceeds  12  inches.  Similarly,  later- 
ally adjacent  bench  seats  in  a  small  school  bus  would 
be  unaffected  as  the  anchorages  are  mounted  on  the 
seat  and  the  aisle  is  required  to  be  at  least  12  inches. 

VII.   Upper  Anchorage  Zone 

In  the  final  rule,  the  agency  redefined  the  method 
for  locating  the  upper  anchorage  zone.  Specifically,  the 
point  of  reference  was  redefined  as  the  H-point  rather 
than  the  SgRP.  In  its  petition.  Ford  stated  its  belief 
"that  the  only  anchorages  affected  by  this  amendment 
are  those  in  front  seats  of  trucks  and  MPVs  with  either 
a  GVWR  of  more  than  B500  pounds  but  not  greater 
than  10.000  pounds  or  with  an  unloaded  vehicle  weight 
greater  than  5500  pounds  and  an  GVWR  of  10,000 
pounds  or  less,  as  well  as  convertible  trucks,  walk-in 
vans.  Postal  Service  vehicles,  motor  homes,  etc."  Ford 
requested  that  the  agency  rescind  this  amendment  be- 
cause "Ford  believes  that  it  was  not  the  agency's  in- 
tent to  apply  new  anchorage  location  requirements 
solely  to  this  low  volume,  complex,  and  diverse  group 
of  vehicles." 

The  agency  believes  that  Ford's  request  is  based 
upon  two  misconceptions.  First,  the  agency  does  not 
perceive  the  redefinition  as  having  changed  the  loca- 
tion requirements.  Prior  to  the  final  rule,  S4.3.2  of 
Standard  No.  210  stated  that  the  seat  must  be  in  the 
rearmost  position  with  the  template's  "H"  point  at  the 
SgRP.  The  agency  has  always  interpreted  this  to 


require  the  template  to  be  positioned  fully  rearward 
in  the  seat.  While  the  SgRP  is  usually  located  with  the 
seat  in  its  rearmost  position,  the  agency  substituted 
a  requirement  that  the  template's  "H"  point  be  located 
at  the  design  "H"  point  of  the  seat,  rather  than  at  the 
SgRP  because  of  confusion  which  arose  when  the  SgRP 
is  not  the  rearmost  position  as  required  by  the  stand- 
ard, for  example,  if  the  seat  has  "extended  travel." 
Therefore,  while  the  names  changed,  the  positions  of 
the  seat  and  the  template  for  determining  compliance 
with  the  anchorage  location  requirements  did  not 
change. 

Second,  Ford  apparently  overlooked  the  rear  seats 
in  automobiles,  light  trucks  and  MPVs  that  still  must 
comply  with  the  upper  anchorage  zone  requirement. 
S4.3  of  Standard  No.  210  states  that  all  anchorages  for 
automatic  seat  belt  assemblies  and  for  dynamically 
tested  seat  belt  assemblies  that  meet  the  frontal  crash 
protection  requirements  of  S5.1  of  Standard  No.  208 
are  excluded  from  the  location  requirements  of  Stand- 
ard No.  210. 

Notwithstanding  this  exclusion,  anchorages  at  each 
of  the  following  outboard  seats  must  comply  with  the 
upper  anchorage  location  requirements: 

—the  seats  behind  the  first  row  of  seats  on  auto- 
mobiles, MPVs  and  light  trucks; 

—trucks  with  a  GVWR  above  8,500  pounds  but 
under  10,000  pounds; 

—trucks  with  an  unloaded  weight  above  5,500  pounds 
but  a  GVWR  under  10,000  pounds, 

—convertibles,  open-body  type  vehicles,  walk-in 
van-type  trucks,  motor  homes,  vehicles  designed 
to  be  exclusively  sold  to  the  U.S.  Postal  Service, 
and  vehicles  carrying  chassis-mounted  campers. 

Ford  did  not  provide  any  data  to  show  that  there  was 
no  degi'adation  of  safety  when  upper  anchorages  of 
non-dynamically  tested  safety  belts  are  allowed  to  be 
placed  outside  the  specified  zone.  The  agency  has 
clearly  stated  its  concern  with  permitting  anchorages 
forward  of  the  occupant.  See,  55  FR  17970,  17975, 
April  30,  1990.  Since  the  agency  beheves  that  there 
would  be  a  negative  safety  effect  as  a  result  of  delet- 
ing this  upper  anchorage  zone  requirement.  Ford's 
petition  is  denied. 

VIII.  Technical  Errors 

In  its  petition  for  rulemaking.  Ford  pointed  out  three 
errors  in  the  final  rule.  First,  Ford  noted  that,  in  S5.2, 
the  reference  to  the  upper  body  block,  and  references 
to  the  published  Figure  3  were  omitted.  Second,  Ford 
noted  that  the  onset  rate  and  test  time  is  repeated  in 
S5.2.  These  errors  were  corrected  in  a  June  15,  1990 
technical  amendment  (55  FR  24240). 

Third,  Ford  pointed  out  that  the  definition  of  "out- 
board designated  seating  position"  at  49  CFR  571.3 
references  the  SgRP  and  the  shoulder  reference  point 


PART  571-PRE  66 


"as  shown  in  Figure  1  of  Standard  No.  210."  However, 
SgRP  is  no  longer  shown  in  Figure  1.  In  the  final  rule, 
Figure  1,  used  to  locate  the  upper  anchorage  zone,  was 
amended  to  substitute  the  Hip-Point  (H-Point)  with  the 
seat  in  its  full  rearward  and  full  downward  position  for 
the  SgRP.  According  to  Ford,  this  substitution  also 
changed  the  location  of  the  shoulder  reference  point 
in  Figure  1. 

The  agency  contacted  Ford  to  determine  what 
change  it  saw  in  the  location  of  the  shoulder  reference 
point.  Ford  stated  that  by  substituting  the  H-point  for 
the  SgRP,  both  the  hips  and  the  shoulders  of  the  tem- 
plate were  moved  back  in  movable  seats,  to  the  rear- 
most position.  In  a  Ford  vehicle,  this  would  typically 
be  about  one  inch  backwards  and  one-tenth  of  an  inch 
down. 

As  discussed  previously,  the  agency  does  not  agree 
with  the  Ford's  belief  that  this  new  Figure  1  changed 
the  position  of  the  template  rearward.  However,  the 
agency  agrees  it  is  appropriate  to  substitute  the  term 
H-point  for  SgRP  in  the  definition  of  "outboard  desig- 
nated seating  position"  in  §571.3. 

Finally,  in  reviewing  the  Ford  petition,  the  agency 
discovered  an  inadvertent  error  in  S5.2.  The  end  of  the 
second  sentence  currently  reads,  "with  an  initial  force 
application  angle  of  not  less  than  5  degrees  more  than 
15  degrees  above  the  horizontal."  The  sentence  should 
have  included  the  word  "nor",  as  follows:  "with  an  in- 
itial force  application  of  not  less  than  5  degrees  nor 
more  than  15  degrees  above  the  horizontal." 

Requests  for  Interpretation 
I.   Which  seats  must  comply  with  the  5,000  oound 
test  and  which  must  comply  with  the  3, 000  pound 
test? 

At  the  outset,  the  test  requirement  for  the  safety  belt 
anchorages  at  any  seat  is  either  5,000  pounds  or  6,000 
pounds.  A  technical  error  in  the  final  rule  deleted  men- 
tion of  the  upper  shoulder  restraint  body  block,  creat- 
ing the  impression  of  a  3,000  pound  test.  This  error 
was  corrected  in  the  June  15,  1990  technical  amend- 
ment. Thus,  there  is  a  3,000  pound  test  load  on  the 
pelvic  body  block,  and  a  3,000  pound  test  load  on  the 
upper  torso  body  block. 

The  final  rule  specifies  which  load  shall  be  applied 
in  S4.2.1  and  S4.2.2,  S4.2.1  requires  a  minimum  load 
of  5,000  pounds  on  the  pelvic  body  block  for  the  an- 
chorages for  seating  positions  which  may  not  have  a 
shoulder  belt,  or  for  seating  positions  whose  shoulder 
belt  anchorages  are  not  required  to  be  tested.  This  in- 
cludes the  anchorages  for:  (1)  a  Type  1  safety  belt.  (2) 
a  shoulder  belt  which  is  not  required  by  Standard  No. 
208  (a  "voluntarily  installed"  shoulder  belt)  and  there- 
fore is  not  subject  to  Standard  No.  210,  and  (3)  a 
detachable  shoulder  belt  (permitted  for  automatic  belts 
under  S4.5.3.2  of  Standard  No.  208).  For  other  an- 


chorages, S4.2.2  requires  a  test  load  of  3,000  pounds 
on  the  lap  belt  body  block  and  3,000  pounds  on  the 
shoulder  belt  body  block. 

II.  Clarification  of  the  definition  of  attachment 
hardware. 

GM  requested  an  interpretation  of  the  term  "attach- 
ment hardware"  for  Standard  No.  210.  Specifically, 
GM  was  concerned  with  certain  Type  2  seat  belt  as- 
sembly designs  that  incorporate  a  buckle  and  latchplate 
near  the  seat  belt  anchorage.  GM  stated  that,  although 
these  designs  meet  the  requirements  of  Standard  No. 
209,  it  is  unclear  whether  they  would  be  considered 
"attachment  hardware"  and  therefore  subject  to  the 
performance  requirements  of  Standard  No.  210.  Else- 
where in  today's  edition  of  the  Federal  Register,  the 
agency  has  published  a  final  rule  amending  the  defini- 
tion of  "seat  belt  anchorage."  In  that  final  rule,  the 
agency  stated  that  the  definition  did  not  include  the 
webbing,  straps  or  similar  device,  or  the  buckles  which 
comprise  the  seat  belt  itself. 

III.  What  is  the  meaning  of  "duplicate  the 
geometry?" 

For  an  explanation  of  this  term,  see  section  10  of  the 
discussion  on  petition  issues. 

IV.  Define  "voluntarily  installed. " 

The  agency  considers  a  "voluntarily  installed"  safety 
belt  system  to  be  a  system  which  is  neither  required 
by  Standard  No.  208  nor  necessary  to  pass  the  dynamic 
test  in  Standard  No.  208.  Requests  for  interpretation 
regarding  specific  safety  belt  systems  should  be 
directed  to  the  Office  of  Chief  Counsel,  NHTSA,  400 
Seventh  Street  S.W.,  Washington,  D.C.  20590. 

V.  Is  a  manual  3-point  belt  installed  at  a  seating 
position  equipped  with  a  supplemental  inflatable 
restraint  (SIR)  system  regarded  as  a  synamically 
tested  belt? 

As  discussed  in  the  recent  rulemaking  to  exclude 
dynamically  tested  safety  belts  from  static  testing 
requirements,  the  agency  does  not  consider  a  manual 
3-point  belt  installed  at  a  seating  position  equipped  with 
an  SIR  system  to  be  a  dynamically  tested  belt.  See,  56 
FR  15295,  15297;  April  16,  1991.  However,  since  a 
March  14,  1988  interpretation  letter  to  Mr.  Karl-Heinz 
Faber  of  Mercedes  Benz,  the  agency  has  considered  a 
manual  3-point  belt  installed  at  a  seating  position 
equipped  with  an  SIR  system  to  be  exempt  from  the 
location  requirements,  of  Standard  No.  210.  Because 
of  the  confusion  associated  with  the  phrase  "dynami- 
cally tested"  the  agency  is  amending  S4.3  to  clarify, 
consistent  with  agency  interpretation  of  this  section, 
that  the  anchorages  for  all  seat  belt  assemblies  that 
meet  the  frontal  crash  protection  requirements  of  S5.1 
of  Standard  No.  208  are  exempt  from  the  location 
requirements 


PART  571-PRE  67 


In  reviewing  this  request  for  interpretation,  the 
agency  noted  that  the  final  sentence  of  the  introduc- 
tory text  in  S4.3  exempts  anchorages  for  the  upper 
torso  portion  of  a  Type  2  seat  belt  assembly  installed 
at  a  forward  facing  rear  outboard  seating  position  of 
a  passenger  car  manufactured  on  or  after  December 
11,  1989,  and  before  September  1,  1990,  from  the  re- 
quirements of  S4.3.2.  Since  this  exemption  no  longer 
has  any  substantive  effect,  this  sentence  has  been 
deleted. 

In  consideration  of  the  foregoing,  49  CFR  571  is 
amended  as  follows: 

2.  Section  571.3  is  amended  by  revising  the  defini- 
tion of  "outboard  designated  seating  position"  in  para- 
graph (b),  to  read  as  follows: 

(b)  Other  definitions. 

"Outboard  designated  seating  position"  means  a 
designated  seating  position  where  a  longitudinal  ver- 
tical plane  tangent  to  the  outboard  side  of  the  seat 
cushion  is  less  than  12  inches  from  the  innermost  point 
on  the  inside  surface  of  the  vehicle  at  a  height  between 
the  design  H-point  and  the  shoulder  reference  point  (as 
shown  in  fig.  1  of  Federal  Motor  Vehicle  Safety  Stand- 
ard No.  210)  and  longitudinally  between  the  front  and 
rear  edges  of  the  seat  cushion. 

571.210  [Amendedl 

3.  S4.1.3  of  Standard  No.  210  is  revised  to  read  as 
follows: 

54.1  Type. 

S4.1.3     (a) 

(b)  The  requirement  in  S4.1.1  and  S4.1.2  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  as- 
sembly that  meets  the  frontal  crash  protection  require- 
ments of  S5.1  of  Standard  No  208  (49  CFR  571.208). 

4.  S4.2  of  Standard  No.  210  is  amended  by  revising 
S4.2.1,  S4.2.2.  and  S4.2.4  to  read  as  follows: 

54.2  Strength. 

S4.2.1  Except  as  provided  in  S4.2.5,  and  except  for 
side-facing  seats,  the  anchorages,  attachment  hard- 
ware, and  attachment  bolts  for  any  of  the  following 
seat  belt  assemblies  shall  withstand  a  5,000-pound  force 
when  tested  in  accordance  with  S5.1  of  this  standard: 

(a)  Type  1  seat  belt  assembly; 

(b)  Lap  belt  portion  of  either  a  Type  2  or  automatic 
seat  belt  assembly,  if  such  seat  belt  assembly  is  volun- 
tarily installed  at  a  seating  position;  and 


(c)  Lap  belt  portion  of  either  a  Type  2  or  automatic 
seat  belt  assembly,  if  such  seat  belt  assembly  is 
equipped  with  a  detachable  upper  torso  belt. 

S4.2.2  Except  as  provided  in  S4  2.5.  the  an- 
chorages, attachment  hardware,  and  attachment  bolts 
for  all  Type  2  and  automatic  seat  belt  assemblies  that 
are  installed  to  comply  with  Standard  No.  208  (49  CFR 
571.208)  shall  withstand  3,000-pound  forces  when 
tested  in  accordance  with  S5.2. 

54.2.4  Anchorages,  attachment  hardware,  and  at- 
tachment bolts  shall  be  tested  by  simultaneously  load- 
ing them  in  accordance  with  the  applicable  procedures 
set  forth  in  S5  of  this  standard  if  the  anchorages  are 
either: 

(a)  for  designated  seating  positions  that  are  common 
to  the  same  occupant  seat  and  that  face  in  the  same 
direction,  or 

(b)  for  laterally  adjacent  designated  seating  positions 
that  are  not  common  to  the  same  occupant  seat,  but 
that  face  in  the  same  direction,  if  the  vertical  center- 
line  of  the  bolt  hole  for  at  least  one  of  the  anchorages 
for  one  of  those  designated  seating  positions  is  within 
12  inches  of  the  vertical  centerline  of  the  bolt  hole  for 
an  anchorage  for  one  of  the  adjacent  seating  positions. 

54.2.5  The  attachment  hardware  of  a  seat  belt  as- 
sembly, which  is  subject  to  the  requirements  of  S5.1 
of  Standard  No.  208  (49  CFR  571.208)  by  virtue  of  any 
provision  of  Standard  No.  208  other  than  S4.1.2.1(cX2) 
of  that  standard,  does  not  have  to  meet  the  require- 
ments of  S4.2.1  and  S4.2.2  of  this  standard. 

5.  S4.3  of  Standard  No.  210  is  amended  by  revising 
the  introductory  text  of  S4.3  and  by  adding  a  new  sec- 
tion S4.3.1.5,  to  read  as  follows: 

S4.3  Location.  As  used  in  this  section,  "forward" 
means  the  direction  in  which  the  seat  faces,  and  other 
directional  references  are  to  be  interpreted  accord- 
ingly. Anchorages  for  seat  belt  assemblies  that  meet 
the  frontal  crash  protection  requirements  of  S5.1  of 
Standard  No.  208  (49  CFR  571.208)  are  exempt  from 
the  location  requirements  of  this  section. 

S4.3.1.5  Notwithstanding  the  provisions  of  S4.3.1.1 
through  S4.3.1.4,  the  lap  belt  angle  for  seats  behind 
the  front  row  of  seats  shall  be  between  20  degrees  and 
75  degrees  for  vehicles  manufactured  between  Septem- 
ber 1,  1992  and  September  1,  1993. 

6.  S5  of  Standard  No.  210  is  revised  to  read  as 
follows: 

S5  Test  procedures.  Each  vehicle  shall  meet  the  re- 
quirements of  S4.2  of  this  standard  when  tested  accord- 
ing to  the  following  procedures.  Where  a  range  of 
values  is  specified,  the  vehicle  shall  be  able  to  meet  the 


PART  571-PRE 


requirements  at  all  points  within  the  range.  For  the 
testing  specified  in  these  procedures,  the  anchorage 
shall  be  connected  to  material  whose  breaking  strength 
is  equal  to  or  greater  than  the  breaking  strength  of  the 
webbing  for  the  seat  belt  assembly  installed  as  origi- 
nal equipment  at  that  seating  position.  The  geometry 
of  the  attachment  duplicates  the  geometry,  at  the  in- 
itiation of  the  test,  of  the  attachment  of  the  originally 
installed  seat  belt  assembly. 

S5.1  Seats  with  Type  1  or  Type  2  seat  belt  anchorages. 

With  the  seat  in  its  rearmost  position,  apply  a  force 
of  5,000  pounds  in  the  direction  in  which  the  seat  faces 
to  a  pelvic  body  block  as  described  in  Figure  2A,  in  a 
plane  parallel  to  the  longitudinal  centerline  of  the 
vehicle,  with  an  initial  force  application  angle  of  not 
less  than  5  degrees  nor  more  than  15  degrees  above 
the  horizontal.  Apply  the  force  at  the  onset  rate  of  not 
more  than  50,000  pounds  per  second.  Attain  the  5,000 
pound  force  in  not  more  than  30  seconds  and  maintain 
it  for  10  seconds.  At  the  manufacturer's  option,  the 
pelvic  body  block  described  in  Figure  2B  may  be  substi- 
tuted for  the  pelvic  body  block  described  in  Figure  2A 
to  apply  the  specified  force  to  the  center  set(s)  of 
anchorages  for  any  group  of  three  or  more  sets  of  an- 
chorages that  are  simultaneously  loaded  in  accordance 
with  S4.2.4  of  this  standard. 


S5.2  Seats  with  Type  2  or  automatic  seat  belt  an- 
chorages. With  the  seat  in  its  rearmost  position, 
apply  forces  of  3,000  pounds  in  the  direction  in  which 
the  seat  faces  simultaneously  to  a  pelvic  body  block, 
as  described  in  Figure  2A,  and  an  upper  torso  body 
block,  as  described  in  Figure  3,  in  a  plane  parallel  to 
the  longitudinal  centerline  of  the  vehicle,  with  an  initial 
force  application  angle  of  not  less  than  5  degrees  nor 
more  than  15  degrees  above  the  horizontal.  Apply  the 
forces  at  the  onset  rate  of  not  more  than  30,000  pounds 
per  second.  Attain  the  3,000  pound  forces  in  not  more 
than  30  seconds  and  maintain  it  for  10  seconds.  At  the 
manufacturer's  option,  the  pelvic  body  block  described 
in  Figure  28  may  be  substituted  for  the  pelvic  body 
block  described  in  Figure  2A  to  apply  the  specified 
force  to  the  center  set(s)  of  anchorages  for  any  group 
of  three  or  more  sets  of  anchorages  that  are  simul- 
taneously loaded  in  accordance  with  S4.2.4  of  this 
standard. 

Issued  on  November  27,  1991 


56  F.R.  63676 
December  5,  1991 


PART  571-PRE  69-70 


PART  571  — FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARDS 


SUBPART  A-GENERAL 

§  571.1     Scope. 

This  part  contains  the  Federal  Motor  Vehicle 
Safety  Standards  for  motor  vehicles  and  motor 
vehicle  equipment  established  under  section  103  of 
the  National  Traffic  and  Motor  Vehicle  Safety  Act 
of  1966  (80  Stat.  718). 

§  571.3     Definitions. 

(a)  Statutory  definitions.  All  terms  defined  in 
section  102  of  the  Act  are  used  in  their  statutory 
meaning. 

(b)  Other  definitions.  As  used  in  this  chapter 
Act  means  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  of  1966  (80  Stat.  718). 

Approved,  unless  used  with  reference  to  another 
person,  means  approved  by  the  Secretary. 

Boat  trailer  means  a  trailer  designed  with 
cradle-type  mountings  to  transport  a  boat  and  con- 
figured to  permit  launching  of  the  boat  from  the 
rear  of  the  trailer. 

Bus  means  a  motor  vehicle  with  motive  power, 
except  a  trailer  designed  for  carrying  more  than  10 
persons. 

Curb  weight  means  the  weight  of  a  motor  vehicle 
with  standard  equipment:  maximum  capacity  of 
engine  fuel,  oil,  and  coolant;  and,  if  so  equipped,  air 
conditioning  and  additional  weight  optional 
engine. 

Designated  seating  capacity  means  the  number 
of  designated  seating  positions  provided. 

Designated  seating  position  means  any  plan  view 
location  capable  of  accommodating  a  person  at 
least  as  large  as  a  5th  percentile  adult  female,  if  the 
overall  seat  configuration  and  design  and  vehicle 
design  is  such  that  the  position  is  likely  to  be  used  as 
a  seating  position  while  the  vehicle  is  in  motion, 
except  for  auxiliary  seating  accommodations  such 
as  temporary  or  folding  jump  seats.  Any  bench  or 
split-bench  seat  in  a  passenger  car,  truck  or 
multipurpose  passenger  vehicle  with  a  GVWR  less 
than  10,000  pounds,  having  greater  than  50  inches 
of  hip  room  (measured  in  accordance  with  SAE 
Standard  JllOO  (a))  shall  have  not  less  than  three 


designated  seating  positions,  unless  the  seat 
design  or  vehicle  design  is  such  that  the  center 
position  cannot  be  used  for  seating. 

Driver  means  the  occupant  of  a  motor  vehicle 
seated  immediately  behind  the  steering  control 
system. 

Emergency  brake  means  a  mechanism  designed 
to  stop  a  motor  vehicle  after  a  failure  of  the  service 
brake. 

5th  percentile  adult  female  means  a  person 
possessing  the  dimensions  and  weight  of  the  5th 
percentile  adult  female  specified  for  the  total  age 
group  in  Public  Health  Service  Publication  No. 
1000,  Series  11,  No.  8,  "Weight,  Height,  and 
Selected  Body  Dimensions  of  Adults." 

Fixed  collision  barrier  means  a  flat,  vertical, 
unyielding  surface  with  the  following 
characteristics: 

(1)  The  surface  is  sufficiently  large  that  when 
struck  by  a  tested  vehicle,  no  portion  of  the  vehicle 
projects  or  passes  beyond  the  surface. 

(2)  The  approach  is  a  horizontal  surface  that  is 
large  enough  for  the  vehicle  to  attain  a  stable  atti- 
tude during  its  approach  to  the  barrier,  and  that 
does  not  restrict  vehicle  motion  during  impact. 

(3)  When  struck  by  a  vehicle,  the  surface  and  its 
supporting  structure  absorb  no  significant  portion 
of  the  vehicle's  kinetic  energy,  so  that  a  perform- 
ance requirement  described  in  terms  of  impact 
with  a  fixed  collision  barrier  must  be  met  no 
matter  how  small  an  amount  of  energy  is  absorbed 
by  the  barrier. 

Firefighting  vehicle  means  a  vehicle  designed  ex- 
clusively for  the  purpose  of  fighting  fires. 

Forward  control  means  a  configuration  in  which 
more  than  half  of  the  engine  length  is  rearward  of 
the  foremost  point  of  the  windshield  base  and  the 
steering  wheel  hub  is  in  the  forward  quarter  of  the 
vehicle  length. 

Gross  axle  weight  rating  or  GAWR  means  the 
value  specified  by  the  vehicle  manufacturer  as  the 
load-carrying  capacity  of  a  single  axle  system,  as 
measured  at  the  tire-ground  interfaces. 


PART  571-1 


Gross  combination  weight  rating  or  GCWR 
means  the  value  specified  by  the  manufacturer  as 
the  loaded  weight  of  a  combination  vehicle. 

Gross  vehicle  weight  rating  or  GVWR  means  the 
value  specified  by  the  manufacturer  as  the  loaded 
weight  of  a  single  vehicle. 

H  point  means  the  mechanically  hinged  hip  point 
of  a  manikin  which  simulates  the  actual  pivot 
center  of  the  human  torso  and  thigh,  described  in 
SAE  Recommended  Practice  J826.  "Manikin  for 
Use  in  Defining  Vehicle  Seating  Accommoda- 
tions," November  1962. 

Head  impact  area  means  all  non-glazed  surfaces 
of  the  interior  of  a  vehicle  that  are  statically  con- 
tactable  by  a  6.5-inch  diameter  spherical  head  form 
of  a  measuring  device  having  a  pivot  point  to  "top- 
of-head"  dimension  infinitely  adjustable  from  29  to 
33  inches  in  accordance  with  the  following  pro- 
cedure, or  its  graphic  equivalent: 

(a)  At  each  designated  seating  position,  place 
the  pivot  point  of  the  measuring  device— 

(1)  For  seats  that  are  adjustable  fore  and  aft, 
at- 

(i)  The  seating  reference  point;  and 
(ii)  A  point  5  inches  horizontally  forward  of 
the  seating  reference  point  and  vertically 
above  the  seating  reference  point  an  amount 
equal  to  the  rise  which  results  from  a  5-inch 
forward  adjustment  of  the  seat  or  0.75  inches; 
and 

(2)  For  seats  that  are  not  adjustable  fore  and 
aft,  at  the  seating  reference  point. 

(b)  With  the  pivot  point  to  "top-of-head"  dimen- 
sions at  each  value  allowed  by  the  device  and  the 
interior  dimensions  of  the  vehicle,  determine  all 
contact  points  above  the  lower  windshield  glass 
line  and  forward  of  the  seating  reference  point. 

(c)  With  the  head  form  at  each  contact  point, 
and  with  the  device  in  a  vertical  position  if  no  con- 
tact point  exists  for  a  particular  adjusted  length, 
pivot  the  measuring  device  forward  and  downward 
through  all  arcs  in  vertical  planes  to  90°  each  side 
of  the  vertical  longitudinal  plane  through  the 
seating  reference  point,  until  the  head  form  con- 
tacts an  interior  surface  or  until  it  is  tangent  to  a 
horizontal  point  1  inch  above  the  seating  reference 
point,  whichever  occurs  first. 

Includes  means  includes  but  is  not  limited  to. 


Interior  compartment  door  means  any  door  in 
the  interior  of  the  vehicle  installed  by  the  manufac- 
turer as  a  cover  for  storage  space  normally  used 
for  personal  effects. 

Longitudinal  or  longitudinally  means  parallel  to 
the  longitudinal  centerline  of  the  vehicle. 

Motorcycle  means  a  motor  vehicle  with  motive 
power  having  a  seat  or  saddle  for  the  use  of  the 
rider  and  designed  to  travel  on  not  more  than  three 
wheels  in  contact  with  the  ground. 

Motor-driven  cycle  means  a  motorcycle  with  a 
motor  that  produces  5-brake  horsepower  or  less. 

Multipurpose  passenger  vehicle  means  a  motor 
vehicle  with  motive  power,  except  a  trailer,  de- 
signed to  carry  10  persons  or  less  which  is  con- 
structed either  on  a  truck  chassis  or  with  special 
features  for  occasional  off-road  operation. 

Open-body  type  vehicle  means  a  vehicle  having  no 
occupant  compartment  top  or  an  occupant  com- 
partment top  that  can  be  installed  or  removed  by 
the  user  at  his  convenience. 

Outboard  designated  seating  position  means  a 
designated  seating  position  where  a  longitudinal 
vertical  plane  tangent  to  the  outboard  side  of  the 
seat  cushion  is  less  than  12  inches  from  the  inner- 
most point  on  the  inside  surface  of  the  vehicle  at  a 
height  between  |the  design  H-point  and  the 
shoulder  reference  point  and  the  shoulder 
reference  point  (as  shown  in  Fig.  1  of  Federal 
Motor  Vehicle  Safety  Standard  No.  210)  and 
longitudinally  between  the  front  and  rear  edges  of 
the  seat  cushion.  (56  F.R.  63676— December  5,  1991. 
Effective:  September  1,  1992.)! 

Overall  vehicle  width  means  the  nominal  design 
dimension  of  the  widest  part  of  the  vehicle,  ex- 
clusive of  signal  lamps,  marker  lamps,  outside  rear- 
view  mirrors,  flexible  fender  extensions,  and  mud 
flaps,  determined  with  doors  and  windows  closed 
and  the  wheels  in  the  straight-ahead  position. 

Parking  brake  means  a  mechanism  designed  to 
prevent  the  movement  of  a  stationary  motor 
vehicle. 


'  car  means  a  motor  vehicle  with  motive 
power,  except  a  multipurpose  passenger  vehicle, 
motorcycle,  or  trailer  designed  for  carrying  10  per- 
sons or  less. 

Pelvic  impact  area  means  that  area  of  the  door 
or  body  side  panel  adjacent  to  any  outboard 
designated  seating  position  which  is  bounded  by 
horizontal  planes  7  inches  above  and  4  inches  below 
the  seating  reference  point  and  vertical  transverse 
planes  8  inches  forward  and  2  inches  rearward  of 
the  seating  reference  point. 


PART  571-2 


Pole  trailer  means  a  motor  vehicle  without 
motive  power  designed  to  be  drawn  by  another 
motor  vehicle  and  attached  to  the  towing  vehicle 
by  means  of  a  reach  or  pole,  or  by  being  boomed  or 
otherwise  secured  to  the  towing  vehicle,  for  trans- 
porting long  or  irregularly  shaped  loads  such  as 
poles,  pipes,  or  structural  members  capable 
generally  of  sustaining  themselves  as  beams  be- 
tween the  supporting  connections. 

School  bus  means  a  bus  that  is  sold,  or  introduced 
in  interstate  commerce,  for  purposes  that  include 
carrying  students  to  and  from  school  or  related 
events,  but  does  not  include  a  bus  designed  and 
sold  for  operation  as  a  common  carrier  in  urban 
transportation. 

[Seating  reference  point  (SgRP)  means  the  uni- 
que design  H-point,  as  defined  in  SAE  JllOO  (June 
1984),  which: 

(a)  Establishes  the  rearmost  normal  design  driv- 
ing or  riding  position  of  each  designated  seating 
position,  which  includes  consideration  of  all  modes 
of  adjustment,  horizontal,  vertical,  and  tilt,  in  a 
vehicle; 

(b)  Has  X,  Y,  and  Z  coordinates,  as  defined  in 
SAE  JllOO  (June  1984),  established  relative  to  the 
designed  vehicle  structure; 

(c)  Simulates  the  position  of  the  pivot  center  of 
the  human  torso  and  thigh;  and 

(d)  Is  the  reference  point  employed  to  position 
the  two  dimensional  drafting  templates  with  the 
95th  percentile  leg  described  in  SAE  J826  (May 
1987),  or,  if  the  drafting  template  with  the  95th 
percentile  leg  cannot  be  positioned  in  the  seating 
position,  is  located  with  the  seat  in  its  most  rear- 
ward adjustment  position.  (56  F.R.  38084— August 
12,  1991.  Effective:  September  1,  1992)1 

Semitrailer  means  a  trailer,  except  a  pole  trailer, 
so  constructed  that  a  substantial  part  of  its  weight 
rests  upon  or  is  carried  by  another  motor  vehicle. 

Service  brake  means  the  primary  mechanism 
designed  to  stop  a  motor  vehicle. 

Speed  attainable  in  1  mile  means  the  speed 
attainable  by  accelerating  at  maximum  rate  from  a 
standing  start  for  1  mile,  on  a  level  surface. 

Speed  attainable  in  2  miles  means  the  speed  at- 
tainable by  accelerating  at  a  maximum  rate  from  a 
standing  start  for  2  miles,  on  a  level  surface. 

Torso  line  means  the  line  connecting  the  "H" 
point  and  the  shoulder  reference  point  as  defined 
in  SAE  Recommended  Practice  J787b,  "Motor 
Vehicle  Seat  Belt  Anchorage,"  September  1966. 


Trailer  means  a  motor  vehicle  with  or  without 
motive  power,  designed  for  carrying  persons  or 
property  and  for  being  drawn  by  another  motor 
vehicle. 


Trailer  converter  dolly  means  a  trailer 
equipped  with  one  or  more  axles,  a  lower  half  of  a 
fifth  wheel  and  a  drawbar. 

Truck  means  a  motor  vehicle  with  motive  power, 
except  a  trailer,  designed  primarily  for  the 
transportation  of  property  or  special  purpose 
equipment. 

Truck  tractor  means  a  truck  designed  primarily 
for  drawing  other  motor  vehicles  and  not  so  con- 
structed as  to  carry  a  load  other  than  a  part  of  the 
weight  of  the  vehicle  and  the  load  so  drawn. 

Unloaded  vehicle  weight  means  the  weight  of  a 
vehicle  with  maximum  capacity  of  all  fluids 
necessary  for  operation  of  the  vehicle,  but  without 
cargo,  occupants,  or  accessories  that  are  ordinarily 
removed  from  the  vehicle  when  they  are  not  in  use. 

95th  percentile  adult  male  means  a  person 
possessing  the  dimensions  and  weight  of  the  95th 
percentile  adult  male  specified  in  Public  Health 
Service  Publication  No.  1000,  Series  11,  No.  8, 
"Weight,  Height,  and  Selected  Body  Dimensions 
of  Adults." 

Vehicle  fuel  tank  capacity  means  the  tank's 
unusable  capacity  (i.e.,  the  volume  of  fuel  left  at 
the  bottom  of  the  tank  when  the  vehicle's  fuel 
pump  can  no  longer  draw  fuel  from  the  tank)  plus 
its  usable  capacity  (i.e.,  the  volume  of  fuel  that  can 
be  pumped  into  the  tank  through  the  filler  pipe 
with  the  vehicle  on  a  level  surface  and  with  the 
unusable  capacity  already  in  the  tank).  The  term 
does  not  include  the  vapor  volume  of  the  tank  (i.e., 
the  space  above  the  fuel  tank  filler  neck)  nor  the 
volume  of  the  fuel  tank  filler  neck. 

§  571.4     Explanation  of  usage. 

The  word  "any,"  used  in  connection  with  a 
range  of  values  or  set  of  items  in  the  requirements, 
conditions,  and  procedures  of  the  standards  or 
regulations  in  this  chapter,  means  generally  the 
totality  of  the  items  or  values,  any  one  of  which 
may  be  selected  by  the  Administration  for  testing, 
except  where  clearly  specified  otherwise. 

Examples:  "The  vehicle  shall  meet  the 
requirements  of  S4.1  when  tested  at  any  point 
between  18  and  22  inches  above  the  ground."  This 
means  that  the  vehicle  must  be  capable  of  meeting 
the  specified  requirements  at  every  point  between 
18  and  22  inches  above  the  ground.  The  test  in 


(Rev.  12/5/91) 


PART  571-3 


question  for  a  given  vehicle  may  call  for  a  single 
test  (a  single  impact,  for  example),  but  the  vehicle 
must  meet  the  requirement  at  whatever  point  the 
Administration  selects,  within  the  specified  range. 

"Each  tire  shall  be  capable  of  meeting  the 
requirements  of  this  standard  when  mounted  on 
any  rim  specified  by  the  manufacturer  as  suitable 
for  use  with  that  tire."  This  means  that,  where  the 
manufacturer  specifies  more  than  one  rim  as 
suitable  for  use  with  a  tire,  the  tire  must  meet  the 
requirements  with  whatever  rim  the  Administra- 
tion selects  from  the  specified  group. 

"Any  one  of  the  items  listed  below  may,  at  the 
option  of  the  manufacturer,  be  substituted  for  the 
hardware  specified  in  S4.1."  Here  the  wording 
clearly  indicates  that  the  selection  of  items  is  at  the 
manufacturer's  option. 

§  571.5     Matter  incorporated  by  reference. 

(a)  Incorporation.  There  are  hereby  incorpo- 
rated, by  reference,  into  this  part,  all  materials 
referred  to  in  any  standard  in  Subpart  B  of  this 
part  that  are  not  set  forth  in  full  in  the  standard. 
These  materials  are  thereby  made  part  of  this 
regulation.  The  Director  of  the  Federal  Register 
has  approved  the  materials  incorporated  by 
reference.  For  materials  subject  to  change,  only 
the  specific  version  approved  by  the  Director  of  the 
Federal  Register  and  specified  in  the  standard  are 
incorporated.  A  notice  of  any  change  in  these 
materials  will  be  published  in  the  Federal  Register. 
As  a  convenience  to  the  reader,  the  materials  in- 
corporated by  reference  are  listed  in  the  Finding 
Aid  Table  found  at  the  end  of  this  volume  of  the 
Code  of  Federal  Regulations. 

(b)  Availability.  The  materials  incorporated  by 
reference,  other  than  acts  of  Congress  and  matter 
published  elsewhere  in  the  Federal  Register,  are 
available  as  follows: 

(1)  Standards  of  the  Society  of  Automotive  En- 
gineers (SAE).  They  are  published  by  the  Society 
of  Automotive  Engineers,  Inc.  Information  and 
copies  may  be  obtained  by  writing  to:  Society  of 
Automotive  Engineers,  Inc.,  400  Commonwealth 
Drive,  Warrendale,  Pennsylvania  15096. 

(2)  Standards  of  the  American  Society  for 
Testing  and  Materials.  They  are  published  by  the 
American  Society  for  Testing  and  Materials.  In- 
formation on  copies  may  be  obtained  by  writing 
to  the  American  Society  for  Testing  and  Mate- 
rials, 1916  Race  Street,  Philadelphia,  Penn- 
sylvania, 19103. 


(3)  Standards  of  the  American  National 
Standards  Institute.  They  are  published  by  the 
American  National  Standards  Institute.  Infor- 
mation and  copies  may  be  obtained  by  writing  to: 
American  National  Standards  Institute,  1430 
Broadway,  New  York,  New  York  10018. 

(4)  Data  from  the  National  Health  Survey, 
Public  Health  Publication  No.  1000,  Series  11, 
No.  8.  This  is  published  by  the  U.S.  Department 
of  Health,  Education,  and  Welfare.  Copies  may 
be  obtained  for  a  price  of  35  cents  from  the 
Superintendent  of  Documents,  U.S.  Government 
Printing  Office,  Washington,  D.C.,  20402. 

(5)  Test  methods  of  the  American  Association 
of  Textile  Chemists  and  Colorists.  They  are  pub- 
lished by  the  American  Association  of  Textile 
Chemists  and  Colorists.  Information  and  copies 
can  be  obtained  by  writing  to:  American  Associa- 
tion of  Textile  Chemists  and  Colorist,  Post  Office 
Box  886,  Durham,  NC. 

[(6)  Test  methods  of  the  Illuminating 
Engineering  Society  of  North  America  (lES). 
They  are  published  by  the  Illuminating 
Engineering  Society  of  North  America,  345  East 
47th  St.,  New  York,  N.Y.  10017.  (54  F.R. 
20082— May  9,  1989.  Effective:  May  9,  1989)1 

§  571.7    Applicability. 

(a)  General.  Except  as  provided  in  paragraphs  (c) 
and  (d)  of  this  section,  each  standard  set  forth  in  Sub- 
part B  of  this  part  applies  according  to  its  terms  to  all 
motor  vehicles  or  items  of  motor  vehicle  equipment 
the  manufacture  of  which  is  completed  on  or  after 
the  effective  date  of  the  standard. 

(b)  Chassis-cabs.  Chassis-cabs,  as  defined  in 
371.3(b),  manufactured  on  or  after  January  1, 
1968,  shall  meet  all  standards  in  effect  on  the  date 
of  manufacture  of  the  chassis-cab  as  are  applicable 
to  the  principal  end  use  intended  by  its  manufac- 
turer except  that  where  the  chassis-cab  is  equipped 
with  only  part  and  not  all  of  the  items  of  lighting 
equipment  referred  to  in  standard  No.  108,  it  need 
not  meet  such  standards. 

(Revoked  36  F.R.  7055.    Effective:  4/14/71) 

(c)  Military  vehicles.  No  standard  applies  to  a 
vehicle  or  item  of  equipment  manufactured  for, 
and  sold  directly  to,  the  Armed  Forces  of  the 
United  States  in  conformity  with  contractural 
specifications. 

(d)  Export.  No  standard  applies  to  a  vehicle  or 
item  of  equipment  in  the  circumstances  provided  in 
section  108(b)  (5)of  the  Act(15U.S.C.  1397(b)  (5)). 

(e)  Combining  and  new  used  components.  When  a 
new  cab  is  used  in  the  assembly  of  a  truck,  the 


PART  571-4 


S574.7    Information  requirements— new  tire  manu- 
facturers, new  tire  brand  name  owners. 

(aXl)  Each  new  tire  manufacturer  and  each  new  tire 
brand  name  owner  (hereinafter  referred  to  in  this  sec- 
tion and  §574.8  as  "tire  manufacturer")  or  its  desig- 
nee, shall  provide  tire  registration  forms  to  every 
distributor  and  dealer  of  its  tire  which  offers  new  tires 
for  sale  or  lease  to  tire  purchasers. 

(2)  Each  tire  registration  form  provided  to  in- 
dependent distributors  and  dealers  pursuant  to  para- 
graph (aXl)  of  this  section  shall  contain  space  for 
recording  the  information  specified  in  paragraphs 
(aX4Xi)  through  (aX4Xiii)  of  this  section  and  shall  con- 
form in  content  and  format  to  Figures  3a  and  3b. 
Each  form  shall  be: 

(i)  Rectangular; 

(ii)  Not  less  than  .007  inches  thick; 


(iii)  Greater  than  3V2  inches,  but  not  greater  than 
4V4  inches  wide;  and 

(iv)  Greater  than  5  inches,  but  not  greater  than 
6  inches  long. 

(3)  Each  tire  registration  form  provided  to  distri- 
butors and  dealers,  that  are  not  independent  distri- 
butors or  dealers,  pursuant  to  paragraph  (aXl)  of  this 
section  shall  be  similar  in  format  and  size  to  Figure 
4  and  shall  contain  space  for  recording  the  informa- 
tion specified  in  paragraphs  (aX4Xi)  through  (aX4Xiii) 
of  this  section. 

(4Xi)  Name  and  address  of  the  tire  purchaser. 

(ii)  Tire  identification  number. 

(iii)  Name  and  address  of  the  tire  seller  or  other 
means  by  which  the  tire  manufacturer  can  identify 
the  tire  seller. 


OPTION  1 

REF   SYMBOL 


ABOVE.  BELOW  OR  TO  THE  LEFT  PVf^T 

OR  RIGHT  OF  TIRE  IDENTIFICATION    L/W    I 


•5/32"  LETTERING  FOR  TIRES  OF  LESS  THAN 
6,00  INCH  CROSS  SECTION  WIDTH  AS  WELL  AS 
THOSE  LESS  THAN  13"  BEAD  DIAMETER  MAY  E 
USED 


1  -  Tire  identification  number  shall 
be  in  Futura  Bold,  Modified 
Condensed  or  Gotfiic  characters 
permanently  molded  (0  020  to 
0.040"  deep,  measured  from  the 
surface  immediately  surrounding 
characters!  into  or  onto  tire  at 
indicated  location  on  one  side. 
(See  Note  4) 

2.  Groups  of  symbols  in  the  identification 
number  shall  be  in  the  order  indicated 
Deviation  from  the  straight  line  arrange 

shown  will  be  permitted  if  required 
to  conform  to  the  curvature  of  the  lire 

3.  When  Tire  Type  Code  is  omitted,  or  par 
tially  used,  place  Date  of  Manufacture  m 
the  unused  area 

4  Other  print  type  will  be  permit 

ted  if  approved  by  the  administration 


LOCATE  ALL  REQUIRED  LABELING 
IN  LOWER  SEGMENT  OF  ONE  SIDEWALL 
BETWEEN  MAXIMUM  SECTION  WIDTH 
AND  BEAD  SO  THAT  DATA  WILL  NOT  BE 
OBSTRUCTED  BY  RIM  FLANGE 


FIGURE  1 -IDENTIFICATION  NUMBER  FOR  NEW  TIRES 

PART  574-3 


SPACING 
1/4"  MIN 
3/4"  MAX 


^' 


REF    MVSS 
No,  117,  S  6.  C 


TIRE  IDENTIFICATION 
NUMBER 


nr 


DOT-R  XXX  XX  XXX  XXX 


MANUFACTURER  S 

IDENTIFICATION 

MARK 

TIRE  SIZE 


"USE  5/32"  LETTERING  FOR  TIRES  OF  LESS 
THAN  6.00  INCH  CROSS  SECTION  WIDTH  AS 
WELL  AS  THOSE  LESS  THAN  13"  BEAD  DIAMETER. 


TIRE 
TYPE  CODE 
(OPTIONAL) 

DATE  OF 
MANUFACTURE 


LOCATE 

TIRE  IDENTIFICATION 
NUMBER  IN  THIS  AREA 
BUT  NOT  ON  THE 
SCUFF  RIB(S). 


SPACING 

1/4 

■  MIN 

3/4 

■  MAX 

OPTION  2 

"1 

SPACING 

1 

1/4' 

MIN 

3/4' 

MAX 

T" 

DENTIFICATION 

NUMBER 


j_XXXXX  XXX 
DOT-R 


XXX 


ABOVE,  BELOW  OR  TO  THE  LEFT 
OR  RIGHT  OF  TIRE  IDENTIFICATION 
NUMBER. 


Tire  identification  number  shall  be  in  "Futura 
Bold,  Modified,  Condensed  or  Gothic"  char- 
acters permanently  molded  (0.020  to  0.040" 
deep,  measured  from  the  surface  immediately 
surrounding  characters)  into  or  onto  tire  at 
indicated  location  on  one  side. 
(See  Note  4) 

Groups  of  symbols  in  the  identification  num- 
ber shall  be  m  the  order  indicated.    Deviation 
from  the  straight  line  arrangement  shown  will 
be  permitted  if  required  to  conform  to  the 
curvature  of  the  tire. 

When  Tire  Type  Code  is  omitted,  or  partially 
used,  place  Date  of  Manufacture  in  the  unused 
area. 


Other  print  type  will  be  perr 
by  the  Administration. 


tted  if  approved 


FIGURE  2— IDENTIFICATION  NUMBER  FOR  RETREADED  TIRES 


PART  574-4 


IMPORTANT   A 


In  case  o(  a  recall,  we  can  reach  you  only  if  we  have 

your  name  and  address.  You  MUST  send  In  this 

card  to  be  on  our  recall  list. 


SHADED  AREAS  MUST 
BE  FILLED  IN  BY  SELLER 


Do  it  today. 

TIRE  IDENTIFICATION  NUMBERS 

QTY 

1    1    2   1    3  1    .    1   5   1    a   1    7    1    8   1    9   1   ,0  1  n 

CUSTOMERS  NAME  iPleaseP.ml) 

CUSTOMERS  ADDRESS 

CITY                                                               STATE                ZIP  CODE 

NAME  OF  DEALER  WHICH  SOLD  TIRE 

DEALER'S  ADDRESS 

A  Preprinted  tire  manufactturer's  name— unless  the  manufacturer's  name  appears  on 
reverse  side  of  tfie  form. 


FIGURE  3a-REGISTRATI0N  FORM  FOR  INDEPENDENT  DISTRIBUTORS  AND  DEALERS- 
TIRE  IDENTIFICATION  NUMBER  SIDE 


Name  and  address  of 
tire  manufacturer  or 
its  designee 

(Preprinted) 


FIGURE  3b-REGISTRATI0N  FORM  FOR  INDEPENDENT  DISTRIBUTORS  AND  DEALERS-ADDRESS  SIDE 

(Rev.  2/8/84)  PART  574-5 


/        IMPORTANT      FEDERAL   LAW  REQUIRES 
/           TIRE  IDENTIFICATION  NUMBERS  MUST 
BE   REGISTERED 

(PLEASE   PRINT) 

® 

© 

\ 

CUSTOMERS  NAME 

1 

, 

ADDRESS 

QTY 

TIRE  IDENTIFICATION  NUMRF-R-S 1 

1 

2 

■s 

'' 

b 

B 

7 

" 

9 

10 

" 

CITY                                                         STATE 

ZIP 
lOPTIONALI 

DATE           LLJJ                      FLEET  VEHICLE  N 

SELLERS  NAME   AND/OR  MANUFACTURER  SELLE 

R  NUMBER 

ADDRESS 

1       1       1       1       1       1 

y 

VCITY                                                               STATE 

(a)      PREPRINTED  TIRE  MANUFACTURERS' 
LOGO  OR  OTHER  IDENTIFICATION 
AND  MAILING  ADDRESS 


(§)     MICROFILM  NUMBER 

LOCATION  IF  NECESSARY 


A-B  AREAS  TO  SUr 

MANUFACTURERS 

REQUIREMENTS 


FIGURE  4a-UNIVERSAL  FORMAT 


(b)  Each  tire  manufacturer  shall  record  and  main- 
tain, or  have  recorded  and  maintained  for  it  by  a  desig- 
nee, the  information  from  registration  forms  which  are 
submitted  to  its  or  its  designee.  No  tire  manufacturer 
shall  use  the  information  on  the  registration  forms  for 
any  commercial  purpose  detrimental  to  tire  distribu- 
tors and  dealers.  Any  tire  manufacturer  to  which  regis- 
tration forms  are  mistakenly  sent  shall  forward  those 
registration  forms  to  the  proper  tire  manufacturer 
within  90  days  of  the  receipt  of  the  forms. 

(c)  Each  tire  manufacturer  shall  maintain,  or  have 
maintained  for  it  by  a  designee,  a  record  of  each  tire 
distributor  and  dealer  that  purchases  tires  directly 
from  the  manufacturer  and  sells  them  to  tire  pur- 
chasers, the  number  of  tires  purchased  by  each  such 
distributor  or  dealer,  the  number  of  tires  for  which 
reports  have  been  received  from  each  such  distributor 
or  dealer  other  than  an  independent  distributor  or 
dealer,  the  number  of  tires  for  which  reports  have  been 
received  from  each  such  independent  distributor  or 
dealer,  the  total  number  of  tires  for  which  registration 
forms  have  been  submitted  to  the  manufacturer  of  its 
designee,  and  the  total  number  of  tires  sold  by  the 
manufacturer. 

(d)  The  information  that  is  specified  in  paragraph 
(aX4)  of  this  section  and  recorded  on  registration  forms 
submitted  to  a  tire  manufacturer  or  its  designee  shall 
be  maintained  for  a  period  of  not  less  than  three  years 
from  the  date  on  which  the  information  is  recorded  by 
the  manufacturer  or  its  designee. 


S574.8     Information  requirements— tire  distributors 
and  dealers. 

(a)  Independent  distributors  and  dealers.  (1)  Each 
independent  distributor  and  each  independent  dealer 
selling  or  leasing  new  tire  to  tire  purchasers  or  lessors 
(hereinafter  referred  to  in  this  section  as  "tire  pur- 
chasers") shall  provide  each  tire  purchaser  at  the  time 
of  sale  or  lease  of  the  tire(s)  with  a  tire  registration 
form. 

(2)  The  distributor  or  dealer  may  use  either  the 
registration  forms  provided  by  the  tire  manufac- 
turers pursuant  to  §574. 7(a)  for  forms  provided  by 
tire  manufacturers  to  independent  distributors  and 
dealers. 

(3)  Before  giving  the  registration  form  to  the  tire 
purchaser,  the  distributor  or  dealer  shall  record  in 
the  appropriate  spaces  provided  on  that  form: 

(i)  The  entire  tire  identification  number  of  the 
tire(s)  sold  or  leased  to  the  tire  purchaser;  and 

(ii)  The  distributor's  or  dealer's  name  and  ad- 
dress or  other  means  of  identification  known  to  the 
tire  manufacturer. 

(4)  Multiple  tire  purchases  or  leases  by  the  same 
tire  purchaser  may  be  recorded  on  a  single  registra- 
tion form. 

(b)  Other  distributors  and  dealers.  (1)  Each  distri- 
butor and  each  dealer,  other  than  an  independent  dis- 
tributor or  dealer,  selling  new  tires  to  tire  purchasers 


PART  574-6 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  585 


Automatic  Restraint  Phase-In  Reporting  Requirement 

(Docket  No.  74-14;  Notice  70) 
RIN  2127-AD10 


ACTION:  Final  rule. 


SUMMARY:  This  rule  extends  the  requirements  for 
automatic  crash  protection,  which  currently  apply  to 
front  outboard  seats  in  passenger  cars,  to  front 
outboard  seats  in  three  additional  types  of  light-duty 
vehicles.  With  automatic  crash  protection,  occu- 
pants of  those  vehicle  types  will  be  protected  by 
means  that  require  no  action  by  vehicle  occupants. 
The  effectiveness  of  automatic  crash  protection  is 
dynamically  tested,  that  is,  a  vehicle  must  comply 
with  specified  injury  criteria,  as  measured  on  a  test 
dummy,  when  tested  by  this  agency  in  a  30  miles  per 
hour  barrier  crash  test.  The  three  newly  covered 
vehicle  types  are  trucks,  multipurpose  passenger 
vehicles  (such  as  passenger  vans  and  four-wheel 
drive  utility  vehicles),  and  buses,  all  with  a  gross 
vehicle  weight  rating  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less. 
These  vehicles  are  collectively  termed  "light  trucks" 
throughout  the  rest  of  this  preamble. 

The  automatic  crash  protection  requirements  for 
light  trucks  will  be  implemented  in  a  manner  that 
closely  parallels  the  manner  in  which  the  automatic 
crash  protection  requirements  for  cars  were  imple- 
mented. As  was  the  case  with  passenger  cars,  the 
automatic  crash  protection  requirements  for  light 
trucks  will  be  phased  in  over  a  period  of  several 
years. 

EFFECTIVE  DATE:  The  changes  made  in  this  rule 
become  effective  September  23,  1991. 

Light  trucks  manufactured  before  September  1, 
1994  will  not  be  required  to  comply  with  the  auto- 
matic crash  protection  requirements  set  forth  in  this 
rule.  Each  manufacturer  and  each  importer  will  be 
required  to  install  automatic  protection  in— 
20  percent  of  its  light  trucks  manufactured  from 
September  1,  1994  to  August  31,  1995,  inclusive; 
50  percent  of  its  light  trucks  manufactured  from 
September  1,  1995  to  August  31,  1996,  inclusive; 
90  percent  of  its  light  trucks  manufactured  from 
September  1,  1996  to  August  31,  1997,  inclusive; 
and 
100  percent  of  its  light  trucks  manufactured  on 


or  after  September  1,  1997. 

Alternatively,  a  manufacturer  may  choose  to  com- 
ply with  a  schedule  which  postpones  by  one  year  the 
date  on  which  its  first  light  truck  must  have  auto- 
matic protection,  but  accelerates  by  two  years  the 
date  on  which  all  of  its  trucks  must  be  so  equipped. 
Under  this  alternative  schedule,  a  manufacturer 
will  not  be  required  to  equip  any  light  trucks  man- 
ufactured on  or  before  August  31,  1995  with  auto- 
matic crash  protection,  but  must  equip  all  light 
trucks  manufactured  on  or  after  September  1,  1995 
with  automatic  crash  protection. 

Background 

Standard  No.  208,  Occupant  Crash  Protection  (49 
CFR  571.208)  is  intended  to  reduce  the  likelihood  of 
occupant  deaths  and  the  likelihood  and  severity  of 
occupant  injuries  in  crashes.  As  one  means  of  achiev- 
ing these  goals,  Standard  No.  208  has  long  required 
the  installation  of  safety  belts  in  passenger  cars. 
Since  September  1,  1989,  Standard  No.  208  has  also 
required  each  new  passenger  car  to  be  equipped  with 
automatic  crash  protection  for  outboard  front-seat 
occupants.  Vehicles  equipped  with  automatic  crash 
protection  protect  their  occupants  by  means  that 
require  no  action  by  vehicle  occupants.  The  effective- 
ness of  automatic  crash  protection  is  dynamically 
tested,  that  is,  a  vehicle  must  comply  with  specified 
injury  criteria,  as  measured  on  a  test  dummy,  when 
tested  by  this  agency  in  a  30  miles  per  hour  barrier 
crash  test.  The  two  types  of  automatic  crash  protec- 
tion currently  offered  on  new  passenger  cars  are 
automatic  safety  belts  (which  help  to  assure  belt  use) 
and  air  bags  (which  supplement  safety  belts  and 
offer  some  protection  even  when  safety  belts  are  not 
used).  Automatic  crash  protection  in  cars  will  save 
thousands  of  lives  and  prevent  tens  of  thousands  of 
serious  injuries  each  year  when  all  cars  are  so 
equipped. 

Although  Standard  No.  208  has  long  required  the 
installation  of  safety  belts  at  all  designated  seating 
positions  in  light  trucks,  it  has  not  required  those 
vehicles    to    provide    automatic    crash    protection. 


PART  585-PRE  23 


NHTSA  decided  it  was  appropriate  to  consider 
whether  light  trucks  should  be  required  to  offer 
automatic  crash  protection  in  front  outboard  seating 
positions,  in  addition  to  safety  belts  at  all  seating 
positions.  This  effort  led  NHTSA  to  propose  to  re- 
quire automatic  crash  protection  in  light  trucks  in  a 
notice  of  proposed  rulemaking  (NPRM)  published  on 
January  9,  1990  (55  FR  747). 

That  NPRM  proposed  to  require  automatic  crash 
protection  in  trucks,  multipurpose  passenger  vehi- 
cles (such  as  passenger  vans  and  utility  vehicles), 
and  buses  with  a  gross  vehicle  weight  rating  of  8,500 
pounds  or  less  and  an  unloaded  vehicle  weight  of 
5,500  pounds  or  less,  and  to  measure  the  effective- 
ness of  the  automatic  crash  protection  using  the 
same  crash  test  procedures  specified  for  passenger 
cars.  Additionally,  the  NPRM  proposed  to  phase  in 
the  automatic  crash  protection  requirements,  as  was 
done  for  the  passenger  car  automatic  crash  protec- 
tion requirements.  Finally,  to  encourage  the  produc- 
tion of  light  trucks  with  air  bags,  it  proposed  to  allow 
a  "one-truck  credit"  provision  for  vehicles  with  air 
bags  at  the  driver's  position,  along  the  lines  of  the 
"one-car  credit"  provision  for  passenger  cars. 

NHTSA  received  34  comments  in  response  to  this 
NPRM.  Commenters  included  vehicle  manufactur- 
ers, air  bag  suppliers,  trade  associations,  represent- 
atives of  the  insurance  industry,  academia,  other 
governmental  agencies,  and  consumers.  Several  of 
the  manufacturers  commented  that  they  would  have 
difficulty  complying  with  some  or  all  of  the  elements 
of  the  proposed  implementation  schedule.  To  further 
explore  these  comments,  NHTSA  requested  addi- 
tional information  from  five  vehicle  manufacturers 
(Chrysler,  Ford,  General  Motors,  Mazda,  and  Toyota) 
on  May  24,  1990. 

NHTSA  has  considered  and  analyzed  all  of  the 
comments  and  other  information  in  developing  this 
final  rule.  For  the  convenience  of  the  reader,  this 
rule  uses  the  same  organization  and  format  as  the 
NPRM  did. 

Requirements  of  This  Rule 

1.  Vehicles  Covered  by  This  Rule 
The  agency  proposed  to  extend  the  requirements 
for  automatic  crash  protection  to  trucks,  multipur- 
pose passenger  vehicles,  and  buses  with  a  gross 
vehicle  weight  rating  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less.  As 
noted  in  the  NPRM,  nearly  all  trucks  and  multipur- 
pose passenger  vehicles  in  this  weight  range  will  be 
required  to  comply  with  the  injury  criteria  in  a  30 
mph  barrier  crash  with  manual  lap/shoulder  belts  at 
the  front  outboard  seats  fastened  around  test  dum- 
mies, or,  at  the  manufacturer's  option,  with  auto- 
matic crash  protection  for  those  seating  positions,  as 


of  September  1,  1991.  Given  that  implementation  of 
this  new  crash  testing  requirement  for  light  trucks 
would  precede  the  implementation  of  the  automatic 
restraint  requirement  for  those  vehicles,  the  agency 
stated  in  the  NPRM  that,  "NHTSA  believes  that  the 
need  for  structural  changes  to  accommodate  the 
installation  of  automatic  crash  protection  in  light 
trucks  beginning  in  late  1993  would  be  minimal 
because  of  the  changes  already  necessary  to  comply 
with  the  dynamic  testing  requirements  in  Standard 
No.  208  applicable  to  light  trucks  manufactured  on 
or  after  September  1,  1991."  55  FR  749;  January  9, 
1990. 

The  commenters  generally  concurred  with  the 
proposal  that  trucks  and  multipurpose  passenger 
vehicles  be  equipped  with  automatic  crash  protec- 
tion. However,  some  commenters  suggested  that  the 
installation  of  automatic  crash  protection  would  not 
be  as  simple  as  was  implied  in  the  NPRM,  while 
others  asked  for  additional  leadtime  to  install  auto- 
matic crash  protection,  and  still  others  identified 
particular  types  of  trucks  and  multipurpose  passen- 
ger vehicles  that  could  pose  unique  problems  for 
automatic  crash  protection.  This  final  rule  requires 
trucks  and  multipurpose  passenger  vehicles  to  be 
equipped  with  automatic  crash  protection. 

The  NPRM  also  set  forth  a  proposal  to  require 
automatic  crash  protection  in  front  outboard  seats  of 
small  buses,  even  though  small  buses  will  not  be 
subject  to  the  dynamic  testing  requirements  that 
become  effective  September  1,  1991.  The  agency 
stated  its  belief  that  automatic  crash  protection  in 
small  buses  would  be  practicable,  especially  because 
many  van-type  buses  are  based  on  a  platform  and 
drivetrain  that  are  the  same  as  or  similar  to  the 
platform  and  drivetrain  of  van-type  multipurpose 
passenger  vehicles  that  will  be  subject  to  the  dy- 
namic testing  requirements.  Further,  the  NPRM  set 
forth  the  agency's  belief  that  the  safety  need  for 
automatic  crash  protection  for  the  driver  and  any 
other  front  outboard  seat  occupants  in  a  small  bus 
did  not  appear  to  be  any  different  than  it  is  for 
occupants  of  front  outboard  seats  of  multipurpose 
passenger  vehicles  and  trucks  of  similar  size  and 
weight.  The  agency  sought  comments  on  these  ten- 
tative conclusions.  No  commenters  suggested  that 
the  agency  was  incorrect.  Accordingly,  this  rule 
adopts  the  proposed  requirement  for  small  buses  to 
be  equipped  with  automatic  crash  protection,  for  the 
reasons  set  forth  in  the  proposal. 

The  agency  also  sought  comment  on  its  proposal  to 
include  certain  types  of  light  trucks  in  the  require- 
ment for  automatic  crash  protection,  even  though 
those  vehicles  were  excluded  from  the  dynamic  test- 
ing requirements.  These  vehicles  were: 

a.  motor  homes, 

b.  convertibles, 


PART  585-PRE  24 


c.  open-body  type  vehicles, 

d.  walk-in  van-type  trucks, 

e.  vehicles  designed  exclusively  to  be  sold  to  the 
U.S.  Postal  Service,  and 

f.  vehicles  with  chassis-mounted  campers. 
These  types  of  light  trucks  were  excluded  from  the 

dynamic  testing  requirements  because  the  vehicles 
are  unique  in  design,  often  have  unique  restraint 
systems,  and  are  intended  to  accommodate  a  nar- 
rowly defined  end  use.  Additionally,  the  numbers  of 
these  vehicles  produced  annually  are  limited,  so  the 
overall  impact  of  these  vehicle  types  on  light  truck 
safety  is  proportionally  small. 

Notwithstanding  this  previous  decision,  NHTSA 
proposed  to  make  these  types  of  light  trucks  subject 
to  the  automatic  protection  requirements.  The 
NPRM  noted  that  the  agency  is  unaware  of  any  data 
showing  a  differing  safety  need  for  front-seat  occu- 
pants of  these  types  of  light  trucks  than  for  front- 
seat  occupants  of  other  light  trucks  of  comparable 
size  and  weight.  The  agency  expressly  noted  that 
designs  for  automatic  crash  protection  may  be  more 
complex  and  the  costs  for  automatic  crash  protection 
may  well  be  higher  in  these  particular  types  of  light 
trucks  than  in  other  light  trucks.  However,  NHTSA 
tentatively  concluded  that  the  increased  complexity 
and  higher  costs  were  not  sufficient  to  justify  allow- 
ing these  light  trucks  to  provide  a  lesser  level  of 
occupant  safety  than  other  light  trucks  of  compara- 
ble size  and  weight.  The  agency  sought  public  com- 
ment on  this  tentative  conclusion  in  the  NPRM. 

The  agency  received  extensive  comments.  Ford 
commented  that  a  requirement  for  automatic  crash 
protection  would  pose  particular  technical  difficul- 
ties for  manufacturers  of  motor  homes  and  walk-in 
vans.  Chrysler  commented  that  a  requirement  for 
automatic  crash  protection  would  pose  particular 
technical  difficulties  for  manufacturers  of  light 
truck  convertibles  and  open-body  type  vehicles.  In 
addition,  Chrysler  commented  that  NHTSA  had  not 
provided  any  substantive  justification  for  concluding 
that  automatic  crash  protection  would  be  practicable 
for  these  types  of  light  trucks.  General  Motors  (GM) 
commented  that  walk-in  van-type  vehicles  should  be 
excluded  from  the  automatic  crash  protection  re- 
quirements because  of  a  lesser  safety  need  for  occu- 
pant protection  in  those  vehicles.  GM  commented 
that  these  vehicles  are  typically  used  to  make  deliv- 
eries in  urban  areas,  and  not  generally  used  for 
highway  driving  or  personal  use.  GM  also  com- 
mented that  only  about  30  percent  of  its  walk-in 
vans  are  equipped  with  front  passenger  seats,  and 
that,  in  the  1989  model  year,  GM  sold  only  137 
walk-in  vans  within  the  proposed  weight  ranges. 
Finally,  GM  asserted  that  a  considerable  redesign  of 
its  walk-in  vans  would  be  needed  to  comply  with  a 
requirement  for  automatic   crash   protection,   and 


that  this  redesign  would  not  be  practical  for  such  a 
small  number  of  vehicles.  The  Recreation  Vehicle 
Industry  Association  (RVIA)  commented  that  the 
final  rule  should  either  exclude  motor  homes  from 
the  automatic  restraint  requirements  or  limit  the 
automatic  restraint  requirements  to  motor  homes 
with  a  gross  vehicle  weight  rating  of  6,000  pounds  or 
less.  According  to  RVIA,  motor  homes  "are  not  part 
of  the  'safety  problem'  "  and  structural  changes  to 
motor  homes  would  be  needed  to  comply  with  the 
automatic  restraint  requirements.  Winnebago  In- 
dustries, a  motor  home  manufacturer,  commented 
that  one  of  its  models  would  have  a  difficult  time 
complying  with  the  automatic  restraint  require- 
ments and  asked  that  this  model  of  motor  home  be 
excluded  from  the  automatic  crash  protection 
requirements. 

In  response  to  these  comments,  NHTSA  has  care- 
fully reexamined  its  proposal  to  include  these  light 
truck  types  in  the  automatic  crash  protection  re- 
quirements. The  agency  believes  it  should  apply  the 
automatic  crash  protection  requirements  to  all  types 
of  light  trucks  if  it  would  be  practicable  to  install 
automatic  protection  in  these  vehicles  and  if  the 
safety  benefits  of  automatic  protection  would  be 
reasonably  related  to  the  cost  of  such  installations. 
NHTSA  has  applied  this  approach  to  whether  the 
automatic  crash  protection  requirements  should  be 
applied  to  each  of  the  six  light  truck  types  that  were 
excluded  from  the  dynamic  testing  requirements. 

With  respect  to  convertibles  and  open-body  type 
vehicles,  the  available  evidence  indicates  that  it  is 
practicable  to  install  automatic  crash  protection. 
Convertible  passenger  cars  are  required  to  include 
automatic  crash  protection.  Manufacturers  such  as 
Chrysler  are  advertising  the  merits  of  air  bag  tech- 
nology, especially  in  convertibles.  The  transfer  of 
technology  from  convertible  passenger  cars  to  pro- 
vide automatic  crash  protection  in  convertible  and 
open-body  light  trucks  will  not  require  any  techno- 
logical "breakthroughs."  Instead,  such  a  transfer 
will  require  careful  planning  and  engineering  to 
install  automatic  crash  protection  in  these  types  of 
light  trucks. 

NHTSA  concurs  with  Chrysler's  comment  to  the 
extent  that  it  suggests  that  installing  automatic 
crash  protection  in  convertible  and  open-body  light 
trucks  will  be  more  difficult  than  in  convertible 
passenger  cars,  because  these  types  of  light  trucks 
are  generally  designed  for  off  road  or  other  utility 
use.  This  greater  degree  of  difficulty  is  a  good  reason 
for  allowing  manufacturers  some  additional  lead- 
time  to  incorporate  automatic  crash  protection  in 
these  vehicles.  This  final  rule  does  that  by  providing 
an  additional  year  in  the  phase-in,  as  discussed  later 
in  this  preamble. 

However,  NHTSA  does  not  concur  with  Chrysler's 


PART  585-PRE  25 


comment  to  the  extent  that  it  suggests  that  this 
greater  degree  of  difficulty  is  sufficient  to  justify 
excluding  convertibles  and  open-body  type  light 
trucks  from  the  automatic  crash  protection  require- 
ments. As  explained  above,  NHTSA  agrees  that 
careful  planning  and  engineering  will  be  needed  to 
modify  the  automatic  crash  protection  systems  used 
in  convertible  passenger  cars  for  application  to  con- 
vertible and  open-body  light  trucks.  The  agency 
believes  that  the  requirement  for  automatic  crash 
protection  in  convertible  and  open-body  light  trucks 
is  "practicable"  within  the  meaning  of  section  103(a) 
of  the  National  Traffic  and  Motor  Vehicle  Safety  Act 
(15  U.S.C.  1392(a)),  because  manufacturers  can  com- 
ply with  the  requirement  by  transferring  the  basic 
technology  from  similar  vehicles  (convertible  pas- 
senger cars),  and  making  modifications  to  account 
for  the  different  characteristics  of  the  light  trucks. 

The  costs  for  providing  automatic  crash  protection 
in  these  trucks  are  estimated  to  be  roughly  compa- 
rable to  the  costs  for  providing  automatic  crash 
protection  in  convertible  passenger  cars.  Similarly, 
the  safety  benefits  of  automatic  crash  protection  in 
these  trucks  should  be  comparable  to  the  benefits  of 
automatic  crash  protection  in  convertible  passenger 
cars.  In  1988  alone,  174  front  seat  occupants  of 
open-body  trucks  were  killed  in  vehicle  crashes. 
NHTSA  has  previously  concluded  that  the  safety 
benefits  from  automatic  crash  protection  in  convert- 
ible passenger  cars  are  more  than  adequate  to  justify 
the  estimated  costs  associated  with  installing  auto- 
matic crash  protection  in  convertibles.  See  52  FR 
10122;  March  30,  1987  and  53  FR  15067;  April  27, 
1988.  The  agency  has  no  reason  to  alter  that  conclu- 
sion here. 

Accordingly,  NHTSA  concludes  that  it  is  practica- 
ble to  provide  automatic  crash  protection  in  light 
trucks  that  are  convertibles  or  open-body  vehicles. 
Further,  the  agency  believes  that  the  safety  benefits 
of  automatic  crash  protection  in  these  types  of  light 
trucks  will  be  reasonably  related  to  the  costs  of 
providing  automatic  crash  protection  in  these 
trucks.  Therefore,  this  rule  does  not  exclude  convert- 
ibles and  open-body  light  trucks  from  the  automatic 
crash  protection  requirements. 

The  next  type  of  light  truck  examined  by  the 
agency  was  walk-in  vans.  These  vehicles  pose  special 
technical  difficulties  for  automatic  crash  protection, 
because  of  their  unique  design  features,  including 
nearly  vertical  steering  columns,  fold-away  driver's 
seats,  large  open  doorway  areas,  and  the  absence  of 
B-pillars  near  the  driver's  seating  position.  Further, 
there  are  no  passenger  cars  similar  to  walk-in  vans, 
so  it  would  not  be  possible  to  transfer,  with  some 
modifications,  automatic  crash  protection  technol- 
ogy from  a  similar  type  of  passenger  car.  Thus,  while 
it  might  be  possible,  it  would  present  substantially 


gi-eater  technical  and  engineering  challenges  to  in- 
stall automatic  crash  protection  in  walk-in  vans 
than  would  be  presented  to  install  automatic  protec- 
tion in  the  other  types  of  light  trucks  that  were 
excluded  from  the  dynamic  testing  requirements  for 
manual  safety  belts. 

In  addition,  walk-in  vans  are  designed  primarily 
for  deliveries  in  urban  areas,  where  the  driver  will 
frequently  enter  and  exit  the  vehicle  to  make  the 
deliveries.  Hence,  these  vehicles  are  less  likely  than 
others  to  be  involved  in  high-speed  crashes.  Addi- 
tionally, most  walk-in  vans  are  not  within  the  pro- 
posed weight  limits  for  light  trucks  to  be  equipped 
with  automatic  crash  protection.  In  its  comments, 
GM  stated  that  it  sold  only  137  walk-in  vans  within 
the  proposed  weight  limits  during  1988.  NHTSA 
concludes  that  the  costs  that  would  be  associated 
with  designing  a  system  of  automatic  crash  protec- 
tion for  walk-in  vans,  which  would  be  spread  over  the 
few  walk-in  vans  that  fell  within  these  weight  limits, 
would  not  be  reasonably  related  to  the  safety  bene- 
fits anticipated  for  such  walk-in  vans.  After  consid- 
ering these  factors,  NHTSA  has  concluded  that  the 
requirement  for  automatic  restraints  in  light  trucks 
should  not  apply  to  walk-in  vans. 

The  agency  next  examined  vehicles  designed  ex- 
clusively to  be  sold  to  the  U.S.  Postal  Service.  The 
available  evidence  indicates  that  these  light  trucks 
would  not  present  any  serious  problems  for  the 
installation  of  automatic  crash  protection.  Hence,  it 
would  be  practicable  to  require  automatic  crash 
protection  in  these  light  trucks.  However,  the  safety 
benefits  from  requiring  automatic  crash  protection 
in  these  vehicles  would  be  marginal,  because  the 
U.S.  Postal  Service  requires  its  employees  to  wear 
the  safety  belts  in  the  Postal  Service  vehicles  while 
on  the  job.  This  safety  belt  use  policy  should  ensure 
that  persons  riding  in  these  light  trucks  will  have 
the  safety  protection  of  manual  lap/shoulder  belts 
every  time  they  ride  in  these  vehicles.  Automatic 
crash  protection  would,  therefore,  offer  marginal,  if 
any,  additional  protection  in  these  vehicles.  Given 
the  lesser  safety  benefits  for  automatic  crash  protec- 
tion in  light  trucks  designed  exclusively  for  sale  to 
the  U.S.  Postal  Service,  the  agency  has  decided  to 
exclude  these  light  trucks  from  the  automatic  crash 
protection  requirements. 

Finally,  the  agency  examined  motor  homes  and 
vehicles  carrying  chassis-mount  campers.  The  com- 
menters  that  addressed  the  proposal  to  cover  these 
vehicles  did  not  suggest  that  there  were  any  partic- 
ular difficulties  presented  for  installing  automatic 
crash  protection  in  motor  homes  and  vehicles  carry- 
ing chassis-mount  campers.  Instead,  those  comment- 
ers  focused  on  the  fact  that  these  vehicles  are  typi- 
cally manufactured  in  more  than  one  stage  and  that 
the  final-stage  manufacturers  are  small  businesses. 


PART  585-PRE  26 


No  commenter  identified  some  characteristic  in  the 
design  of  these  vehicles  that  would  make  it  harder  to 
install  automatic  crash  protection  in  them  than  in 
other  types  of  light  trucks,  nor  is  NHTSA  aware  of 
any  such  characteristic.  Similarly,  there  are  no  indi- 
cations of  any  lesser  safety  need  for  automatic  crash 
protection  in  these  vehicles.  Motor  homes  and  vehi- 
cles carrying  chassis-mount  campers  are  not  de- 
signed primarily  for  use  in  urban  areas,  nor  is  there 
any  reason  to  believe  that  safety  belt  use  in  these 
vehicles  is  substantially  greater  than  in  other  types 
of  light  trucks.  Further,  the  cost  of  installing  auto- 
matic crash  protection  in  these  vehicles  would  not 
exceed  the  costs  of  installing  automatic  protection  in 
other  types  of  light  trucks.  After  examining  these 
factors,  there  is  no  apparent  basis  for  excluding 
these  vehicles  from  the  automatic  crash  protection 
requirements.  Therefore,  this  rule  requires  motor 
homes  and  vehicles  carrying  chassis-mount  campers 
to  comply  with  the  automatic  crash  protection 
requirements. 

To  the  extent  that  commenters  were  addressing 
the  particular  attributes  of  motor  home  manufactur- 
ers, instead  of  the  particular  attributes  of  vehicles 
that  are  motor  homes,  the  agency  believes  it  is  appro- 
priate under  the  National  TrafTic  and  Motor  Vehicle 
Safety  Act  (the  Safety  Act)  to  have  the  standard  apply 
to  all  motor  homes  and  vehicles  carrying  chassis- 
mount  campers.  If  any  manufacturer  of  motor  homes 
and/or  vehicles  carrying  chassis-mount  campers  would 
experience  a  substantial  economic  hardship  as  a  result 
of  these  requirements,  that  manufacturer  may  file  a 
petition  requesting  a  tempoi'ary  exemption  from  the 
automatic  crash  protection  requirements,  pursuant  to 
49  CFR  Part  555,  Tfemporary  Exemption  from  Motor 
Vehicle  Safety  Standards.  NHTSA  can  consider  the 
special  circumstances  of  vehicle  manufacturers  in  the 
context  of  evaluating  any  such  petitions,  and  take 
appropriate  actions  to  afford  any  necessary  special 
treatment  for  such  manufacturers. 

2.  Crash  Test  Procedural  and 
Performance  Requirements 
The  NPRM  proposed  that  compliance  testing  for 
light  trucks  equipped  with  automatic  crash  protec- 
tion be  conducted  according  to  the  same  test  proce- 
dures and  using  the  same  injury  criteria  that  are 
currently  specified  for  use  in  testing  passenger  cars 
equipped  with  automatic  crash  protection.  Ford 
asked  in  its  comments  that  calculation  of  the  head 
injury  criterion  (HIC)  be  limited  to  a  15  millisecond 
maximum,  instead  of  the  currently-specified  36  mil- 
lisecond maximum.  Ford  previously  raised  this  iden- 
tical comment  for  HIC  calculations  for  passenger 
cars.  NHTSA  specifically  rejected  Ford's  earlier  com- 
ment in  the  preamble  to  the  rule  that  established 
the  36  millisecond  maximum  for  HIC  calculations; 


see  51  FR  37028,  at  37031;  October  17,  1986.  In  its 
new  comment.  Ford  did  not  provide  any  additional 
data  or  information,  nor  did  Ford  explain  why  it 
believes  HIC  should  be  calculated  differently  for 
passenger  cars  and  light  trucks.  There  is,  therefore, 
no  reason  for  NHTSA  to  modify  its  previous  rejection 
of  Ford's  15  millisecond  limit. 

Ford  also  commented  that  a  minor  adjustment 
should  be  made  to  the  test  procedures  in  Standard 
No.  208  to  make  them  consistent  with  the  procedures 
in  Standards  No.  212,  Windshield  Mounting,  and  No. 
219,  Windshield  Zone  Intrusion.  Ford  correctly 
noted  that  Standards  No.  212  and  219  include  a 
provision  in  the  test  procedures  for  trucks,  multipur- 
pose passenger  vehicles,  and  buses  that  "unloaded 
vehicle  weight  does  not  include  the  weight  of  work- 
performing  accessories."  The  effect  of  this  provision 
is  that  certain  work-performing  accessories  mounted 
on  the  front  of  trucks,  such  as  snow  plows  and 
winches,  are  not  mounted  on  the  vehicle  for  the 
crash  test.  Absent  a  similar  provision  in  Standard 
No.  208,  those  portions  of  the  work-performing  ac- 
cessories that  are  ordinarily  removed  from  the  vehi- 
cle when  they  are  not  in  use  (such  as  the  snowplow 
blade)  would  not  be  mounted  on  the  vehicle  for  the 
crash  test,  but  any  accessories  that  are  mounted  on 
the  vehicle  before  delivery  and  are  not  ordinarily 
removed  (such  as  the  snowplow  mounting  hardware) 
would  remain  in  place  on  the  vehicle  for  the  crash 
test. 

Ford  commented  that  these  differing  provisions  in 
Standard  No.  208  and  Standards  No.  212  and  219 
would  force  manufacturers  to  conduct  two  different 
crash  tests  for  the  purposes  of  certifying  compliance. 
If  the  test  procedures  for  the  standards  were  the 
same,  the  manufacturers  would  only  have  to  conduct 
one  crash  test,  just  as  a  single  test  can  be  used  to 
measure  compliance  with  the  three  standards  for 
passenger  cars.  The  exclusion  of  work-performing 
accessories  from  the  calculation  of  unloaded  vehicle 
weight  in  Standards  No.  212  and  219  also  places  the 
certification  burden  on  the  original  vehicle  manufac- 
turers, instead  of  the  small  manufacturers  that 
attach  work-performing  accessories  to  new  vehicles, 
and  keeps  the  certification  burden  manageable  for 
the  vehicle  manufacturer,  because  not  every  differ- 
ent combination  of  vehicle  and  work-performing 
accessory  is  subject  to  compliance  testing.  NHTSA  is 
persuaded  by  this  comment  for  the  reasons  offered  by 
Ford.  Therefore,  this  final  rule  amends  S8.1.1fb)  of 
Standard  No.  208  to  include  the  same  provision  in 
the  test  procedures  for  light  trucks  that  has  long 
been  included  in  the  test  procedures  for  light  trucks 
subject  to  Standards  No.  212  and  219. 

No  other  commenters  addressed  the  proposal  to 
apply  the  passenger  car  test  procedures  and  injury 
criteria  to  light  trucks  with  automatic  crash  protec- 


PART  585-PRE  27 


tion.  With  the  exception  of  the  modification  made  in 
response  to  the  Ford  comment  discussed  above,  the 
proposed  procedures  are  adopted  in  this  final  rule. 

The  NPRM  also  proposed  to  establish  the  same 
due  care  defense  for  light  trucks  with  automatic 
crash  protection  as  is  currently  established  for  pas- 
senger cars.  Both  Ford  and  GM  commented  in  sup- 
port of  this  proposal.  It  is  adopted  in  this  final  rule 
for  the  reasons  stated  in  the  proposal. 

3.  Phased-In  Implementation  of  the  Automatic 
Crash  Protection  Requirements 

a  The  Phase-In.  The  NPRM  proposed  to  "phase 
in"  the  automatic  crash  protection  requirements  for 
light  trucks  in  a  similar  manner  as  the  automatic 
crash  protection  requirements  were  phased  in  for 
passenger  cars.  The  commenters  supported  the  con- 
cept of  implementing  automatic  crash  protection 
requirements  for  light  trucks  by  a  "phase-in."  This 
rule  adopts  a  "phase-in"  for  automatic  crash  protec- 
tion requirements. 

To  allow  sufficient  leadtime  before  the  start  of  the 
phase-in  for  automatic  crash  protection  in  light 
trucks,  the  agency  proposed  to  begin  the  phase-in 
with  vehicles  manufactured  on  or  after  September  1, 
1993.  This  schedule  was  proposed  to  allow  manufac- 
turers two  years  after  implementation  of  the  dy- 
namic testing  requirements  for  light  trucks  (on 
September  1,  1991)  to  complete  the  engineering 
steps  and  certification  testing  needed  to  install  au- 
tomatic crash  protection  in  light  trucks.  The  agency 
believed  this  period  of  leadtime  was  sufficient  to 
develop  automatic  crash  protection  for  light  trucks 
because,  at  the  time  of  the  NPRM,  NHTSA  believed 
that  passenger  car  technology  could  be  "readily 
transferred"  to  light  trucks. 

A  delay  in  the  beginning  of  the  phase-in  was  urged 
by  all  the  vehicle  manufacturers  that  commented  on 
that  aspect  of  the  notice.  They  emphasized  the 
number  of  new  regulations  that  will  take  effect 
during  this  time  period,  including  the  extension  of 
several  passenger  car  standards  to  light  trucks,  the 
expiration  (in  September  1993)  of  the  "one  car 
credit"  for  passenger  cars  with  an  air  bag  at  the 
driver's  position,  and  new  side  impact  standards  for 
passenger  cars.  The  commenters  asserted  that  the 
cumulative  effect  of  all  these  new  requirements 
would  tax  the  engineering,  design,  development,  and 
testing  staff  and  resources  of  the  vehicle  manufac- 
turers to  a  greater  extent  than  was  acknowledged  in 
the  NPRM. 

Other  vehicle  manufacturers  commented  that  the 
timing  of  the  start  of  the  phase-in  period  would  affect 
the  type  of  automatic  crash  protection  that  was  in- 
stalled in  light  trucks.  Because  of  the  development 
work  that  will  have  to  be  done,  especially  for  the 
sensors,  to  install  air  bags  on  light  trucks,  the  manu- 


facturers said  that  an  early  start  to  the  phase-in  would 
result  in  manufacturers  installing  less  innovative 
forms  of  automatic  crash  protection,  such  as  non- 
motorized  automatic  safety  belts.  The  point  of  these 
comments  was  that  the  agency  would  inadvertently 
discourage  the  installation  of  more  advanced  means  of 
automatic  crash  protection,  such  as  air  bags,  if 
NHTSA  required  the  phase-in  to  begin  too  early. 

NHTSA  has  carefully  reexamined  the  proposed 
September  1,  1993  starting  date  for  the  phase-in  in 
light  of  these  comments.  In  the  NPRM,  the  agency 
stated  that  it  did  not  want  to  begin  the  phase-in  for 
automatic  crash  protection  too  soon  after  the  Sep- 
tember 1,  1991  implementation  of  the  dynamic  test- 
ing requirements  for  manual  safety  belts  in  light 
trucks.  The  comments  to  the  NPRM  indicate  that 
the  transfer  of  air  bag  technology  from  passenger 
cars  to  light  trucks  may  be  more  complex  than  the 
agency  believed,  especially  the  sensors  to  deploy  the 
air  bag  on  vehicles  that  are  used  off-road.  Vehicle 
manufacturers  will  need  time  to  develop  air  bag 
systems  for  light  trucks.  The  less  time  that  is  avail- 
able for  development  and  installation  of  automatic 
crash  protection  in  light  trucks,  the  less  likely  it  is 
that  manufacturers  will  choose  the  more  difficult 
and  riskier  course  of  installing  more  innovative 
types  of  automatic  crash  protection,  such  as  air  bags. 
Instead,  the  manufacturers  would  be  more  likely  to 
install  non-motorized  automatic  safety  belts.  The 
agency  does  not  want  to  inadvertently  discourage 
efforts  to  install  air  bags  or  other  innovative  types  of 
automatic  crash  protection  in  light  trucks.  After 
further  considering  this  issue,  NHTSA  has  decided 
to  delay  the  start  of  the  phase-in  period  for  an 
additional  year.  Hence,  this  rule  provides  that  the 
automatic  restraint  requirements  will  apply  to  light 
trucks  manufactured  on  or  after  September  1,  1994. 

A  related  question  concerns  the  percentage  of  each 
manufacturer's  light  trucks  that  should  be  required 
to  be  equipped  with  automatic  crash  protection  in 
each  year  of  the  phase-in,  and  the  length  of  the 
phase-in  before  all  subject  light  trucks  should  be 
required  to  be  equipped  with  automatic  crash  pro- 
tection. The  NPRM  proposed  a  3-year  phase-in,  with 
20  percent  of  a  manufacturer's  light  trucks  required 
to  offer  automatic  crash  protection  in  the  first  year  of 
the  phase-in,  50  percent  doing  so  in  the  second  year 
of  the  phase-in,  and  all  light  trucks  manufactured 
two  years  or  more  after  the  start  of  the  phase-in 
equipped  with  automatic  crash  protection.  Several 
commenters  asked  that  this  phase-in  be  extended. 
For  example,  GM  asked  that  the  agency  use  the 
same  4-year  phase-in  that  was  used  for  passenger 
cars  (10,  25,  40,  and  100  percent),  while  Chrysler 
asked  for  a  5-year  phase-in  (10,  25,  50,  75,  and  100 
percent) 

NHTSA  explained  in  the  NPRM  that  the  phase-in 


PART  585-PRE 


proposed  for  light  trucks  was  more  rapid  than  what 
was  specified  for  passenger  cars,  because  the  phase-in 
for  automatic  crash  protection  in  passenger  cars  re- 
flected some  considerations  that  are  not  present  for 
automatic  crash  protection  in  light  trucks.  These  con- 
siderations were: 

1.  the  need  for  public  familiarity  with  and  accep- 
tance of  the  different  types  of  automatic  crash 
protection; 

2.  the  need  for  vehicle  manufacturers  to  design 
and  incorporate  automatic  crash  production  in  their 
production  vehicles  for  the  first  time;  and 

3.  the  need  to  establish  a  supplier  base  for  auto- 
matic crash  protection  systems. 

None  of  these  three  considerations  apply  to  the 
same  extent  for  light  trucks.  By  the  start  of  this 
phase-in  in  September  of  1994,  the  public  will  have 
seen  automatic  crash  protection  in  all  new  passen- 
ger cars  made  in  the  preceding  5  years.  The  manu- 
facturers will  be  able  to  apply  the  engineering 
knowledge  and  experience  that  they  have  acquired 
over  that  period  to  solve  the  problems  that  must  be 
overcome  to  provide  automatic  crash  protection  in 
light  trucks.  Finally,  the  air  bag  suppliers  that 
commented  on  this  rulemaking  stated  that  they  will 
have  no  trouble  developing  sufficient  capacity  to 
meet  the  anticipated  future  demand  for  their  prod- 
ucts in  light  trucks.  Hence,  NHTSA  has  concluded 
that  it  is  appropriate  to  require  a  more  rapid  intro- 
duction of  automatic  crash  protection  in  light  trucks 
than  was  required  in  passenger  cars. 

Ford  commented  that  it  supported  NHTSA's  pro- 
posal to  adopt  a  more  rapid  introduction  of  auto- 
matic crash  protection  in  light  trucks  than  in  pas- 
senger cars.  However,  Ford's  comments  urged  the 
agency  to  add  one  additional  year  to  the  phase-in, 
and  require  90  percent  of  light  trucks  to  offer  auto- 
matic crash  protection  in  this  additional  year.  Ac- 
cording to  Ford,  this  90  percent  year  would  effec- 
tively require  automatic  crash  protection  on  nearly 
all  light  trucks,  while  allowing  an  additional  year  to 
address  any  unique  problems  that  may  arise  with 
particular  types  of  low-volume  light  trucks,  such  as 
larger  off-road  vehicles. 

NHTSA  has  concluded  that  this  comment  has 
merit.  There  are  many  more  types  of  light  trucks 
than  passenger  cars.  If  any  unanticipated  problems 
should  arise  in  connection  with  equipping  light 
trucks  with  automatic  crash  protection,  it  is  most 
likely  that  those  problems  would  occur  for  one  of  the 
unusual  (i.e.,  limited  production  volume)  light  truck 
configurations.  A  third  year  of  a  phase-in  set  at  the 
90  percent  level  would  ensure  that  the  public  has 
nearly  all  the  benefits  expected  from  automatic 
crash  protection  in  light  trucks,  while  also  allowing 
the  manufacturers  flexibility  to  accommodate  some 
of  the  more  difficult  engineering  problems  presented 


by  a  requirement  for  automatic  crash  protection  in 
all  light  trucks.  For  example,  adding  a  third  year  to 
the  phase-in  in  which  90  percent  of  all  light  trucks 
are  required  to  offer  automatic  crash  protection  would 
permit  Chrysler  an  additional  year  of  time  to  equip  its 
convertibles  and  open-body  vehicles  with  automatic 
crash  protection.  At  the  same  time,  Chrysler  would  be 
required  to  install  automatic  crash  protection  in  the 
vast  majority  of  its  other  light  trucks,  including  min- 
ivans  and  pickups.  Accordingly,  Ford's  suggestion  is 
adopted  in  this  final  rule. 

The  agency  also  asked  for  comments  on  whether 
small  buses  should  be  excluded  from  the  automatic 
crash  protection  requirements  during  the  phase-in, 
and  be  required  to  be  equipped  with  automatic  crash 
protection  requirements  at  the  end  of  the  phase-in 
(September  1,  1997).  This  would  have  been  similar  to 
the  approach  used  for  convertible  passenger  cars 
during  the  phase-in  of  the  automatic  crash  protec- 
tion requirements  for  passenger  cars.  Chrysler  and 
Ford  commented  that  there  was  no  need  for  small 
buses  to  be  excluded  from  the  automatic  crash  pro- 
tection requirements  during  the  phase-in,  and  no 
commenter  suggested  that  small  buses  should  be 
excluded  during  the  phase-in.  Hence,  NHTSA  has 
not  included  any  such  provision  in  this  final  rule. 

Range  Rover  commented  that  the  proposed  phase-in 
schedule  would,  in  effect,  require  light  truck  manufac- 
turers that  produce  only  one  model  to  provide  auto- 
matic crash  protection  in  100  percent  of  their  light 
trucks  in  the  first  year  of  the  phase-in.  This  is  because 
manufacturers  that  make  several  models  of  light 
trucks  can  select  a  few  models  for  automatic  crash 
protection  to  comply  with  the  early  years  of  the 
phase-in  and  leave  production  of  the  other  models 
unchanged.  However,  the  manufacturer  of  a  single 
light  truck  model  must  design,  certify  and  put  into 
production  automatic  crash  protection  for  its  entire 
fleet  (the  single  model)  beginning  with  the  first  year  of 
the  phase-in.  Range  Rover  commented  that  this  was 
unfair,  and  that  the  phase-in  provided  no  flexibility  or 
relief  for  small,  single  line  manufacturers. 

NHTSA  believes  that  the  proposed  phase-in  sched- 
ule can  be  viewed  as  being  not  necessarily  any  more 
difficult  for  single  line  manufacturers  than  for  large 
manufacturers.  Since  the  proposed  phase-in  sched- 
ule requires  at  least  20  percent  of  a  manufacturer's 
light  trucks  to  comply  with  the  new  automatic  crash 
protection  requirement  in  the  first  year  of  the  phase- 
in,  in  practice  each  manufacturer  must  bring  at 
least  one  model  into  compliance  for  that  year. 
Viewed  in  this  way,  the  burden  on  a  manufacturer 
with  only  one  model  in  the  U.S.  market  to  bring  one 
model  into  compliance  for  the  first  year  may  be 
regarded  as  not  being  any  different  than  that  of  a 
manufacturer  which  sells  many  models.  NHTSA 
further  notes  that  the  phase-in  for  automatic  crash 


PART  585-PRE  29 


protection  in  passenger  cars  made  no  special  provi- 
sions for  single  line  manufacturers  and  those  man- 
ufacturers were  able  to  comply  with  that  phase-in. 

On  the  other  hand,  the  agency  recognizes  that  a 
single  model  represents  all  of  a  single  line  manufac- 
turer's production  and  only  a  small  portion  of  a 
multi-line  manufacturer's  production.  It  also  recog- 
nizes that  a  gi-eater  portion  of  a  single  line  manu- 
facturer's engineering  expertise  and  other  resources 
will  be  called  upon  to  bring  that  single  line  into 
compliance  than  a  multi-line  manufacturer  will 
have  to  use  to  achieve  compliance  for  a  single  line. 

The  agency  has  identified  an  alternative  compli- 
ance schedule  which  it  believes  would  help  meet  the 
concerns  of  single  line  manufacturers,  while  also 
being  consistent  with  the  need  for  motor  vehicle 
safety.  Under  this  option,  a  manufacturer  would  not 
need  to  meet  the  new  requirements  for  any  of  its 
light  trucks  during  the  first  year  of  the  phase-in 
(September  1,  1994  to  August  31,  1995),  but  would 
then  be  required  to  meet  the  requirements  for  all  of 
its  light  trucks  beginning  with  the  second  year  of  the 
phase-in  (September  1,  1995  to  August  31,  1996).  A 
manufacturer  choosing  this  option  would  thus  have 
four  full  model  years  of  leadtime  to  meet  the  new 
requirements.  While  this  option  would  be  available 
to  all  manufacturers,  the  information  currently 
available  indicates  that  the  larger  manufacturers 
will  choose  to  comply  with  the  20/50/90  phase-in. 
NHTSA  believes  that  the  0/100/100  phase-in  option 
would  be  consistent  with  the  need  for  motor  vehicle 
safety,  since  the  number  of  light  trucks  meeting  the 
new  automatic  crash  protection  requirements  dur- 
ing the  3-year  phase-in  period  would  be  considerably 
higher  under  this  option  than  under  the  other  20/ 
50/90  phase-in  schedule.  Therefore,  this  final  rule 
adopts  an  optional  phase-in  schedule  of  0/100/100  to 
address  the  concerns  of  single  line  manufacturers,  as 
expressed  in  Range  Rover's  comment. 

b.  Calculation  of  Compliance  with  Phase-In. 
NHTSA  proposed  to  carry  over  most  of  the  procedures 
used  in  calculating  compliance  with  the  phase-in  of 
passenger  cars  with  automatic  crash  protection  so  as 
to  make  the  same  procedures  apply  during  the 
phase-in  of  automatic  crash  protection  in  light  trucks. 
Specifically,  NHTSA  proposed  to  use  the  same  means 
for  assigning  responsibility  for  vehicles  with  more 
than  one  statutory  "manufacturer"  and  the  same 
means  for  specifying  how  to  calculate  the  appropriate 
percentage  of  the  manufacturer's  total  production  dur- 
ing the  phase-in.  No  commenters  addressed  these 
proposals,  so  they  are  adopted  for  the  reasons  set  forth 
in  the  NPRM. 

c.  Phase-In  Exclusion  for  Vehicles  Manufactured  in 
Two  or  More  Stages  and  for  Altered  Vehicles.  The 
NPRM  proposed  that  the  automatic  crash  protection 
requirements  would  not  apply  during  the  phase-in 


period  to  light  trucks  that  were  altered  or  manufac- 
tured in  two  or  more  stages,  but  that  all  light  trucks 
would  be  subject  to  those  requirements  after  the 
phase-in  expires.  After  considermg  all  comments, 
NHTSA  has  decided  to  adopt  that  proposal. 

The  Safety  Act  requires  that  every  manufacturer 
certify  that  each  of  its  vehicles  complies  with  all 
applicable  safety  standards.  NHTSA  has  previously 
recognized  that  this  statutory  requirement  could 
impose  unreasonable  burdens  on  final  stage  manu- 
facturers if  they  had  to  certify  not  only  the  work  they 
had  performed  on  the  finished  vehicle,  but  also  the 
work  performed  on  the  incomplete  vehicle  by  its 
manufacturer  (generally  large  manufacturers  such 
as  Chrysler,  Ford,  and  GM).  Therefore,  the  agency 
adopted  regulations  that  prescribe  the  method  by 
which  manufacturers  of  vehicles  manufactured  in 
more  than  one  stage  shall  assure  conformity  with 
the  safety  standards.  49  CFR  567.5  and  Part  568. 

Under  49  CFR  568.4(aX7),  the  manufacturer  of  an 
"incomplete  vehicle,"  as  defined  in  49  CFR  568.3, 
must  provide  an  "incomplete  vehicle  document" 
that  states,  for  each  applicable  safety  standard, 
either  (i)  that  the  vehicle  when  completed  will  con- 
form to  the  standard  if  no  alterations  are  made  in 
specified  components  of  the  vehicle;  (ii)  the  specific 
conditions  of  final  manufacture  under  which  the 
completed  vehicle  will  conform  to  the  standard;  or 
(iii)  that  conformity  with  the  standard  is  not  sub- 
stantially affected  by  the  design  of  the  incomplete 
vehicle,  and  that  the  incomplete  vehicle  manufac- 
turer makes  no  representation  as  to  conformity. 
Thus,  for  all  standards  "affected"  by  the  design  of 
the  incomplete  vehicle,  if  the  final  stage  manufac- 
turer completes  the  vehicle  within  the  specifications 
set  forth  by  the  incomplete  vehicle  manufacturer,  it 
can  be  assured  that  the  completed  vehicle  will  com- 
ply with  the  applicable  standards. 

In  addition,  pursuant  to  49  CFR  567.5(a),  the 
manufacturer  of  a  "chassis-cab,"  the  most  common 
form  of  incomplete  vehicle,  must  certify  that  the 
completed  vehicle  will  conform  to  all  applicable 
standards  if  it  is  completed  in  accordance  with  the 
incomplete  vehicle  document  furnished  pursuant  to 
Part  568.  (A  chassis-cab  is  defined  in  49  CFR  567.3 
as  "an  incomplete  vehicle,  with  a  completed  occu- 
pant compartment,  that  requires  only  the  addition  of 
cargo-carrying,  work-performing,  or  load-bearing 
components  to  perform  its  intended  functions.")  Pur- 
suant to  49  CFR  567.5(c),  if  a  final  stage  manufac- 
turer completes  a  chassis-cab  in  accordance  with  its 
manufacturer's  specifications,  it  need  state  only  that 
fact  on  the  certification  label  to  impute  responsibil- 
ity for  the  completed  vehicle's  conformity  with  the 
applicable  standards  to  the  manufacturer  of  the 
chassis-cab.  (Pursuant  to  section  159(cX2)  of  the 
Safety  Act,  15  U.S.C.  §  1419(cX2),  the  final  stage 


PART  585-PRE  30 


manufacturer  is  normally  obligated  to  conduct  any 
recalls  that  may  be  necessary  to  correct  noncompli- 
ances with  safety  standards  or  safety-related  defects. 
However,  the  manufacturers  may  assign  this  respon- 
sibility among  themselves  by  contract.  49  CFR 
567.5(e),  568.7.) 

NHTSA  recognizes  that  manufacturers  of  incom- 
plete vehicles  that  are  not  "chassis-cabs"  (such  as  cowl 
chassis,  cutaway  chassis,  and  stripped  chassis)  are  not 
i-equired  by  section  567.5  to  certify  the  compliance  of 
their  incomplete  vehicles  with  applicable  safety  stan- 
dards. They  are,  however,  required  by  49  CFR  568.4  to 
provide  an  "incomplete  vehicle  document"  that  de- 
scribes the  manner  in  which  the  incomplete  vehicle 
may  be  completed  and  remain  in  compliance  with  the 
standards  "affected"  by  the  incomplete  vehicle.  On  the 
other  hand,  the  manufactui'ers  of  many  of  these  chas- 
sis, such  as  those  that  do  not  have  completed  occupant 
compartments,  will  not  be  making  any  representa- 
tions with  respect  to  the  conformity  of  their  vehicles 
with  Standard  No.  208,  since  the  design  of  the  chassis 
may  not  "affect"  that  standard.  Therefore,  a  final 
stage  manufacturer  that  chooses  to  use  such  a  chassis 
would  have  the  duty  to  certify  that  the  completed 
vehicle  conformed  with  Standard  No.  208,  as  would  a 
final  stage  manufactm-er  that  completed  any  chassis, 
including  a  chassis-cab,  in  a  manner  that  was  not 
consistent  with  the  incomplete  vehicle  manufacturer's 
specifications. 

Very  few  (if  any)  final  stage  manufacturers  have 
the  engineering  and  financial  resources  necessary  to 
independently  determine  whether  a  completed  vehi- 
cle complies  with  a  complex  safety  standard  such  as 
Standard  No.  208.  Thus,  as  a  practical  matter, 
NHTSA  anticipates  that  most,  if  not  all,  final  stage 
manufacturers  will  have  to  complete  their  vehicles 
within  specifications  established  by  an  incomplete 
vehicle  manufacturer,  and,  in  most  cases,  they  will 
have  to  use  chassis-cabs. 

Similarly,  an  alterer  must  certify  that  every  vehi- 
cle it  alters  complies  with  all  applicable  safety 
standards  as  altered.  Alterers  perform  their  alter- 
ations on  vehicles  that  have  already  been  certified  as 
complying  with  all  applicable  safety  standards.  The 
alterer  must  certify  that  each  of  its  vehicles  contin- 
ues to  comply  with  all  applicable  safety  standards 
after  the  alterer  has  performed  its  operations  on  the 
vehicle.  Alterers  must,  therefore,  have  some  inde- 
pendent basis  for  their  certifications  that  the  altered 
vehicles  continue  to  comply  with  all  applicable 
safety  standards.  Certifications  of  continuing  com- 
pliance for  altered  vehicles  may  be  based  on,  among 
other  things,  engineering  analyses,  computer  simu- 
lations, actual  testing,  or  instructions  for  alteration 
voluntarily  provided  by  the  original  vehicle  manu- 
facturer in  a  "body  builder's  guide." 

The     National     Truck     Equipment    Association 


(NTEA),  an  association  of  final  stage  manufacturers 
and  alterers,  suggested  that  vehicles  produced  in 
more  than  one  stage  should  be  excluded  from  the 
automatic  crash  protection  requirements.  In  its  com- 
ment, NTEA  acknowledged  that  its  members  can 
pass  through  the  certification  on  chassis-cabs  that 
are  completed  in  accordance  with  the  incomplete 
vehicle  manufacturer's  instructions.  NTEA  claimed, 
however,  that  not  all  vehicles  can  be  completed  or 
modified  in  accordance  with  those  instructions. 
NTEA  suggested  that  the  incomplete  vehicle  manu- 
facturers might  impose  severe  new  restrictions  that 
would  effectively  "force"  final  stage  manufacturers 
to  complete  the  vehicle  outside  the  original  manu- 
facturer's instructions. 

NHTSA  has  previously  considered  assertions  that 
incomplete  vehicle  manufacturers  would  establish 
unreasonably  stringent  limitations  on  their  vehi- 
cles. In  the  rules  establishing  dynamic  testing  re- 
quirements for  manual  safety  belts  in  light  trucks 
under  Standard  No.  208  (53  FR  50221;  December  14, 
1988)  and  extending  Standard  No.  204's  steering 
column  rearward  displacement  limitations  to  addi- 
tional light  trucks  (54  FR  24344;  June  7,  1989), 
NHTSA  noted  that  it  did  not  believe  that  any  incom- 
plete vehicle  manufacturer  could,  as  a  practical 
matter,  establish  unreasonably  stringent  limita- 
tions for  its  incomplete  vehicles.  If  any  incomplete 
vehicle  manufacturer  were  to  do  so,  final  stage 
manufacturers  would  purchase  their  incomplete  ve- 
hicles from  other  manufacturers  that  had  estab- 
lished more  realistic  limitations. 

The  agency's  belief  that  market  forces  will  prevent 
incomplete  vehicle  manufacturers  from  establishing 
unreasonably  stringent  limitations  seems  to  have 
been  correct.  No  manufacturer  has  provided  NHTSA 
with  any  evidence  that  overly  stringent  limitations 
have  been  or  will  be  imposed  on  incomplete  vehicles 
subject  to  any  of  the  existing  crash  testing  require- 
ments. Thus,  NHTSA  does  not  find  persuasive 
NTEA's  suggestion  that  unreasonably  stringent  lim- 
itations will  be  imposed  on  the  completion  of  incom- 
plete vehicles  as  a  result  of  this  amendment. 

NHTSA  recognizes  that  the  adoption  of  the  auto- 
matic crash  protection  requirements  may  lead  in- 
complete vehicle  manufacturers  to  impose  some  new 
limitations  on  the  manner  in  which  their  vehicles 
may  be  completed,  in  order  to  assure  that  the  com- 
pleted vehicle  will  meet  the  requirements  of  the 
standard.  However,  there  is  no  reason  to  believe  that 
final  stage  manufacturers  will  be  unable  to  complete 
their  vehicles  within  those  limitations. 

NTEA's  comments  also  addressed  the  fact,  dis- 
cussed above,  that  under  49  CFR  567.5,  only  manu- 
facturers of  incomplete  chassis-cabs  are  required  to 
provide  a  formal  certification  that  can  be  "passed- 
through"  by  a  final  stage  manufacturer.  When  com- 


PART  585-PRE  31 


pleting  an  incomplete  vehicle  that  is  not  a  chassis- 
cab,  or  when  completing  an  incomplete  vehicle  outside 
of  the  incomplete  vehicle  manufactui-er's  instructions, 
the  final  stage  manufacturer  would  have  to  indepen- 
dently certify  that  the  completed  vehicle  complied 
with  the  automatic  crash  protection  requirements. 
NTEA  argued  that  final  stage  manufacturers  lack  the 
financial  and  engineering  expertise  needed  to  make 
such  a  certification,  and  contended  that  this  obliges 
NHTSA  to  permanently  exempt  those  vehicles  from 
the  automatic  crash  protection  requirements. 

With  respect  to  non-chassis-cabs,  NHTSA  reiterates 
that,  as  provided  by  49  CFR  Part  568,  completion  of  an 
incomplete  vehicle  in  accordance  with  the  specifica- 
tions set  forth  in  an  incomplete  vehicle  document  will 
ensure  conformity  with  applicable  standards  and  thus 
provide  a  basis  for  a  final  stage  manufacturer  to  certify 
the  completed  vehicle.  Therefore,  with  respect  to  those 
chassis  for  which  the  incomplete  vehicle  manufacturer 
provides  specifications  with  respect  to  Standard  No. 
208,  NTEA's  concerns  regarding  the  ability  of  final 
stage  manufacturers  to  independently  certify  these 
vehicles  are  not  well  grounded.  However,  NHTSA 
acknowledges  that  most  non-chassis-cabs  will  not  in- 
clude specifications  for  Standard  No.  208.  Thus,  final- 
stage  manufacturers  that  do  not  have  an  independent 
basis  for  certifying  compliance  with  the  automatic 
crash  protection  requirements  will  not  be  able  to  use 
non-chassis-cabs  to  complete  vehicles  within  the 
weight  ranges  subject  to  the  automatic  crash  protec- 
tion requirements. 

As  discussed  above,  NHTSA  agrees  that  as  a 
practical  matter,  most  final  stage  manufacturers 
will  not  have  the  resources  to  develop  an  indepen- 
dent basis  to  certify  compliance  with  Standard  No. 
208  if  they  do  not  complete  vehicles  within  the 
specifications  established  by  incomplete  vehicle 
manufacturers  or  if  the  incomplete  vehicle  manufac- 
turer does  not  provide  specifications  applicable  to 
that  standard.  That  is  why  the  agency  has  consis- 
tently suggested  that  the  simplest  way  for  final 
stage  manufacturers  to  assure  that  their  vehicles 
will  comply  with  the  safety  standards  is  to  complete 
the  vehicles  in  accordance  with  those  specifications. 
A  final  stage  manufacturer  may  have  to  "shop 
around"  among  different  incomplete  vehicles  and 
different  manufacturers  to  find  an  incomplete  vehi- 
cle that  can  be  completed  in  the  manner  that  its 
customer  desires,  while  remaining  within  the  incom- 
plete vehicle  manufacturer's  limitations.  However, 
this  is  not  an  unreasonable  burden  in  light  of  the 
safety  benefits  of  automatic  crash  protection. 

Moreover,  NHTSA  is  not  convinced  that  it  will  be 
impossible  for  final  stage  manufacturers  to  establish 
that  vehicles  that  are  completed  outside  of  an  incom- 
plete vehicle  manufacturer's  specifications  comply 
with  the  automatic  crash  protection  requirements  of 


Standard  No.  208.  Final  stage  manufacturers  that 
complete  vehicles  outside  the  incomplete  vehicle 
manufacturer's  specifications  are  in  the  same  posi- 
tion as  alterers  regarding  the  certification  responsi- 
bility. That  is,  the  final  stage  manufacturer  and  the 
alterer  must  base  their  certification  of  compliance 
with  the  automatic  crash  protection  requirements  of 
Standard  No.  208  on  the  evaluations  and  analyses 
made  by  the  final  stage  manufacturer  or  alterer, 
instead  of  basing  their  certification  on  the  specifica- 
tions the  original  vehicle  manufacturer  provided  for 
the  vehicle.  Although  it  might  be  too  difficult  or 
expensive  for  an  individual  final  stage  manufacturer 
or  alterer  to  independently  certify  compliance 
through  crash  tests,  it  may  be  feasible  for  several 
such  entities  to  join  together  to  conduct  or  sponsor 
crash  tests  and/or  engineering  analyses  that  would 
provide  an  adequate  basis  for  certification. 

Volkswagen  commented  that  it  believed  that  it 
will  not  be  practicable  for  modified  vehicles  to  com- 
ply with  the  automatic  crash  protection  require- 
ments, particularly  if  the  incomplete  vehicle  is 
equipped  with  an  air  bag.  According  to  Volkswagen, 
it  is  "virtually  impossible"  for  the  manufacturer  of 
an  incomplete  vehicle  with  an  air  bag  system  to 
provide  guidance  and  certification  information  to 
final  stage  manufacturers,  in  part  because  of  the 
different  types  of  special  equipment  and/or  bodies 
that  might  be  added  to  the  incomplete  vehicle. 
Further,  according  to  Volkswagen,  it  would  be  im- 
possible for  final  stage  manufacturers  to  indepen- 
dently certify  compliance  without  conducting  a 
crash  test  for  each  specific  configuration.  Because  of 
this  alleged  impracticability,  Volkswagen  concluded 
that  any  light  trucks  that  are  produced  in  two  or 
more  stages  should  be  excluded  from  the  automatic 
crash  protection  requirements. 

NHTSA  has  previously  explained  in  detail  its  rejec- 
tion of  similar  arguments  in  the  rulemakings  extend- 
ing dynamic  testing  of  manual  safety  belts  to  light 
trucks  under  Standard  No.  208  (53  FR  at  50225- 
50228)  and  extending  Standard  No.  204's  steering 
column  rearward  displacement  limitations  to  addi- 
tional light  trucks  (54  FR  at  24347-24350).  lb  briefly 
repeat,  manufacturers  of  all  light  trucks  have  been 
required  for  more  than  a  decade  to  certify  that  their 
vehicles  comply  with  three  standards  (Nos.  212,  219, 
and  301)  that  use  a  30  mph  barrier  crash  test  to 
determine  compliance.  Throughout  that  period,  man- 
ufacturers of  incomplete  vehicles  have  been  required 
by  49  CFR  Part  568  to  provide  incomplete  vehicle 
documents  that  contain  certification  information  and 
instructions  to  final  stage  manufacturers  along  with 
the  incomplete  vehicle.  In  order  to  have  a  basis  for  the 
specifications  contained  in  the  incomplete  vehicle 
documents— j.  e,  to  assure  that  vehicles  that  are  com- 
pleted within  those  specifications  will  comply  with 


PART  585-PRE  32 


applicable  crash  test  standards— the  incomplete  ve- 
hicle manufacturer  must  conduct  some  analysis  of 
how  the  chassis  would  perform  in  a  crash  test.  While 
this  analysis  may  be  more  complex  for  the  dynamic 
testing  and  automatic  crash  protection  require- 
ments of  Standard  No.  208  than  for  the  other  Stand- 
ards that  require  crash  testing,  the  process  is  not 
fundamentally  different.  Thus,  Volkswagen's  sug- 
gestion that  it  is  not  feasible  for  incomplete  vehicle 
manufacturers  to  provide  guidance  to  final  stage 
manufacturers  is  not  persuasive. 

Ford  commented  that  it  believed  NHTSA  had 
underestimated  the  difficulty  that  the  automatic 
crash  protection  requirements  would  pose  for  final 
stage  manufacturers  and  alterers.  Ford  commented 
that  it  would  "find  it  relatively  manageable"  to 
provide  guidance  and  appropriate  limits  for  Ford 
vehicles  used  by  final  stage  manufacturers  and  al- 
terers if  the  vehicles  incorporated  Ford-designed 
seats  and  occupant  protection  systems.  However, 
Ford  also  commented  that  "alterers  appear  to  be- 
lieve" that  installing  different  seats  is  fundamental 
to  their  manufacturing  and  marketing  operations 
and  stated  that  it  was  unlikely  that  Ford  could 
provide  much  useful  guidance  for  seats  and  occupant 
protection  systems  that  are  not  designed  and  in- 
stalled by  Ford. 

Ford's  comment  is  consistent  with  its  reported 
response  to  the  dynamic  testing  requirement  that 
will  apply  to  manual  safety  belts  in  light  trucks 
manufactured  on  or  after  September  1,  1991.  In  a 
November  27,  1989  article  on  page  E4  of  Automotive 
News,  it  was  reported  that,  for  the  purposes  of  the 
dynamic  testing  requirement.  Ford's  instructions  to 
final  stage  manufacturers  and  alterers  would  re- 
quire the  use  of  front  seats  installed  by  Ford.  How- 
ever, that  same  article  reported  that  Chrysler  and 
General  Motors  plan  to  develop  guidelines  that  will 
allow  final  stage  manufacturers  and  alterers  to 
replace  the  original  front  seats  and  still  be  covered 
by  the  original  certification  of  compliance.  Thus,  it 
appears  that  such  fiexibility  is  practicable. 

If  Ford  does  specify  in  its  incomplete  vehicle 
documents  and  body  builders'  guide  that  final  stage 
manufacturers  and  alterers  could  only  be  assured  of 
compliance  with  Standard  No.  208  if  they  used 
Ford's  seats,  final  stage  manufacturers  and  alterers 
would  have  two  options  that  would  enable  them  to 
avoid  having  to  independently  certify  compliance. 
They  could  either  use  Ford  vehicles  and  complete  or 
modify  the  vehicle  in  accordance  with  Ford's  instruc- 
tions, or  use  vehicles  produced  by  a  different  manu- 
facturer that  permit  the  use  of  a  variety  of  seats.  In 
either  case,  no  significant  compliance  burden  would 
be  imposed  on  the  final  stage  manufacturer  or 
alterer. 

For  the  foregoing  reasons,  NHTSA  has  concluded 


that  there  is  no  need  to  exclude  vehicles  produced  in 
two  or  more  stages  or  altered  vehicles  from  the 
automatic  crash  protection  requirements  once  the 
phase-in  has  ended.  However,  somewhat  different 
considerations  apply  to  the  issue  of  whether  those 
requirements  should  apply  during  the  phase-in, 
which  ends  August  31,  1997. 

During  the  phase-in  period,  manufacturers  of  com- 
pleted light  trucks  will  be  required  to  install  auto- 
matic crash  protection  in  some  but  not  all  of  their 
vehicles.  If  automatic  crash  protection  were  not 
available  in  the  particular  type  of  chassis  used  by  a 
final  stage  manufacturer  or  alterer  (perhaps  because 
the  chassis  manufacturer  did  not  intend  to  install 
automatic  crash  protection  in  its  completed  vehicles 
that  are  based  on  that  chassis),  it  is  unlikely  that  the 
final  stage  manufacturer  or  alterer  could  design, 
install,  and  certify  a  system  of  automatic  crash 
protection  for  the  vehicle.  In  recognition  of  these 
difficulties,  the  agency  proposed  to  exclude  light 
trucks  manufactured  in  two  or  more  stages  and  light 
trucks  that  are  altered  from  the  automatic  crash 
protection  requirements  during  the  20/50/90  phase- 
in  period. 

No  commenter  opposed  this  proposal  and  several 
supported  it.  NHTSA  remains  convinced  that  it 
would  be  impracticable  to  require  final  stage  manu- 
facturers and  alterers  to  assure  that  a  specified 
percentage  of  their  vehicles  complied  with  the  auto- 
matic crash  protection  requirements  of  Standard  No. 
208  during  the  phase-in.  Therefore,  this  final  rule 
adopts  the  proposed  exclusion  of  light  trucks  manu- 
factured in  two  or  more  stages  and  light  trucks  that 
are  altered  from  the  automatic  crash  protection 
requirements  during  the  phase-in.  Because  of  this 
exclusion,  this  rule  also  adopts  the  proposal  to  allow 
original  manufacturers  the  option  to  either  include 
or  exclude  their  light  trucks  that  are  sent  to  second 
stage  manufacturers  and  alterers,  when  determin- 
ing compliance  during  the  phase-in  period  for  auto- 
matic crash  protection  in  light  trucks.  However,  as 
indicated  above,  once  the  phase-in  is  completed,  all 
light  trucks  must  be  equipped  with  automatic  crash 
protection. 

d.  Phase-In  Reporting  Requirements.  The  agency 
proposed  to  adopt  substantially  the  same  reporting 
requirements  for  light  trucks  as  were  previously 
specified  for  passenger  cars  during  the  phase-in  of 
the  automatic  crash  protection  requirements  for 
those  vehicles.  The  agency  also  proposed  to  not 
require  information  about  altered  light  trucks  and 
light  trucks  manufactured  in  two  or  more  stages  to 
be  submitted  in  these  reports,  because  manufactur- 
ers of  those  light  trucks  were  not  required  to  comply 
with  the  percentage  requirements  during  the  phase- 
in.  No  commenters  addressed  this  subject.  These 
requirements  are  adopted  as  proposed,  for  the  rea- 


PART  585-PRE  33 


sons  set  forth  in  the  NPRM. 

e.  Phase-In  Certification  Requirements.  The  NPRM 
proposed  to  require  a  separate  certification  to  appear 
on  light  trucks  that  were  produced  during  the 
phase-in  and  were  intended  to  be  among  the  percent- 
age of  their  manufacturer's  annual  production  certi- 
fied as  complying  with  the  automatic  crash  protec- 
tion requirements.  During  the  phase-in  of  automatic 
crash  protection,  some  of  a  manufacturer's  vehicles 
are  equipped  with  automatic  crash  protection,  while 
the  rest  are  equipped  only  with  manual  safety  belts. 
However,  the  information  on  the  certification  labels 
on  both  vehicles  equipped  with  automatic  crash 
protection  and  those  equipped  with  only  manual 
safety  belts  would  fail  to  differentiate  between  the 
vehicles. 

Additionally,  during  a  phase-in,  manufacturers 
are  permitted  to  equip  those  vehicles  with  both 
manual  safety  belts  and  air  bags,  for  example,  but 
not  certify  the  vehicles  as  complying  with  the  auto- 
matic crash  protection  requirements.  Instead,  the 
manufacturers  could  certify  that  the  vehicles  com- 
plied with  Standard  No.  208  by  virtue  of  the  manual 
safety  belts  and  assert  the  position  that  the  air  bags 
were  a  voluntary  additional  means  of  occupant  pro- 
tection. In  this  case,  nothing  on  the  certification 
label  would  alert  the  agency  that  these  vehicles  were 
not  certified  as  complying  with  the  automatic  crash 
protection  requirements. 

NHTSA  proposed  to  address  the  practical  difficul- 
ties that  had  arisen  in  these  situations  in  the  pas- 
senger car  phase-in  by  requiring  manufacturers  to 
affix  an  additional  certification  label  on  their  light 
trucks  produced  during  the  phase-in  period,  if  the 
light  trucks  were  certified  as  complying  with  the 
automatic  crash  protection  requirement.  This  pro- 
posal reflected  the  agency's  tentative  conclusions 
that  this  additional  certification  would  effectively 
solve  those  problems,  while  imposing  only  minimal 
added  burdens  on  the  manufacturers. 

The  commenters  strongly  disagreed  with  the 
agency's  proposal.  Ford  commented  that  the  addi- 
tional certification  label  would  likely  be  misleading 
to  consumers.  Ford  also  commented  that  agency 
personnel  would  have  ample  additional  sources  for 
learning  whether  particular  vehicles  were  certified 
as  complying  with  the  automatic  crash  protection 
requirements,  including  the  proposed  reports  and 
the  proposed  requirement  to  keep  records  of  the 
vehicle  identification  numbers  of  the  vehicles  certi- 
fied as  complying  with  the  automatic  crash  protec- 
tion requirements.  Chrysler,  Nissan,  and  Volkswa- 
gen all  commented  that  the  proposed  additional 
certification  label  would  be  an  increased  burden, 
even  if  it  were  only  slight,  and  that  the  agency  had 
not  articulated  any  benefits,  great  or  small,  that 
would  result  from  imposing  that  burden. 


After  reviewing  these  comments,  the  agency  has 
concluded  that  the  proposed  additional  certification 
label  should  not  be  adopted  in  this  final  rule.  As 
noted  in  the  comments,  agency  personnel  will  be 
able  to  obtain  the  necessary  certification  informa- 
tion if  the  proposed  reporting  and  recordkeeping 
requirements  are  adopted  for  the  phase-in.  NHTSA 
can  make  that  information  available  to  the  public  if 
there  is  any  confusion  about  particular  light  trucks 
during  the  phase-in.  Thus,  there  is  no  compelling 
reason  to  require  an  additional  certification  label  on 
light  trucks  during  the  phase-in. 

f.  Retention  of  VINs.  For  the  phase-in  of  automatic 
crash  protection  for  passenger  cars,  NHTSA  deter- 
mined that  it  was  important  for  enforcement  pur- 
poses that  manufacturers  maintain  records  of  the 
vehicle  identification  number  (VIN)  and  the  type  of 
automatic  crash  protection  installed  on  each  passen- 
ger car  produced  during  the  phase-in  period  that  was 
reported  to  NHTSA  as  one  of  the  manufacturer's  cars 
equipped  with  automatic  crash  protection.  Again  with 
respect  to  passenger  cars,  the  manufacturers  were 
required  to  retain  these  records  for  slightly  more  than 
two  years  after  the  end  of  the  phase-in.  The  agency 
proposed  to  adopt  the  same  requirements  for  light 
trucks.  No  commenter  offered  any  objections  to  this 
proposal.  Therefore,  this  final  rule  adopts  the  proposed 
VIN  recordkeeping  requirement. 

4.  "One-Truck  Credit"  Provision 
As  the  requirements  for  automatic  crash  protec- 
tion were  being  phased-in  for  passenger  cars, 
NHTSA  adopted  provisions  designed  to  give  car 
manufacturers  an  incentive  to  use  more  innovative 
automatic  crash  protection  systems  in  their  vehicles. 
Accordingly,  Standard  No.  208  includes  provisions  so 
that  each  car  equipped  with  a  non-belt  automatic 
crash  protection  system  for  the  driver's  position, 
such  as  an  air  bag  or  passive  interior,  and  a  manual 
safety  belt  for  the  right  front  passenger's  position 
will  be  counted  as  a  vehicle  complying  with  the 
automatic  crash  protection  requirements.  These  pro- 
visions are  referred  to  as  the  "one-car  credit."  NHTSA 
repeatedly  stated  its  belief  that  the  "one-car  credit" 
would  encourage  the  introduction  of  non-belt  auto- 
matic crash  protection  systems  into  passenger  cars 
sooner  than  would  occur  if  manufacturers  were  simply 
required  to  install  automatic  crash  protection  systems 
in  both  front  seating  positions  simultaneously. 

NHTSA  tentatively  determined  it  would  also  be 
appropriate  to  offer  an  incentive  for  light  truck 
manufacturers  to  install  more  innovative  systems  of 
automatic  crash  protection.  This  tentative  determina- 
tion reflected  the  agency's  belief  that,  as  in  the  case  of 
passenger  cars,  the  relative  technological  ease  of  wide- 
spread installation  in  light  trucks  of  passenger-side  air 
bags  is  less  than  that  of  passenger-side  automatic 


PART  585-PRE  34 


belts.  Absent  some  measures  to  equalize  this  techno- 
logical disparity,  NHTSA  believes  that  light  truck 
manufacturers  would  opt  for  the  installation  of  auto- 
matic belts  at  both  the  driver's  and  passenger's  posi- 
tions, instead  of  installing  an  air  bag  at  the  driver's 
position  and  an  automatic  belt  at  the  passenger's 
position.  Thus,  the  agency  proposed  to  offer  the  "one- 
truck  credit"  to  allow  the  passage  of  sufficient  time  for 
the  relative  technological  difficulties  of  passenger- 
side  air  bags  and  passenger-side  automatic  belts  to 
become  nearly  equal.  The  agency  tentatively  con- 
cluded that  4  years  was  the  minimum  time  sufficient 
for  that  purpose.  Therefore,  the  NPRM  proposed  that 
the  one-truck  credit  be  available  for  light  trucks 
manufactured  during  the  4-year  period  after  the  be- 
ginning of  the  phase-in  of  the  automatic  crash  protec- 
tion requirement. 

Chrysler,  Ford,  and  General  Motors  supported  the 
proposed  one-truck  credit.  The  only  commenter  that 
objected  to  the  proposal  was  Motor  Voters.  According 
to  Motor  Voters,  market  forces  may  be  sufficient  to 
encourage  light  truck  manufacturers  to  choose  air 
bags  as  the  means  for  complying  with  the  automatic 
crash  protection  requirement.  In  this  case,  there 
would  be  no  need  for  any  additional  regulatory 
incentives.  Because  of  this.  Motor  Voters  suggested 
in  its  comments  that  the  one-truck  credit  be  allowed 
during  the  phase-in  period,  but  that  the  one-truck 
credit  provision  be  ended  when  the  phase-in  expires. 

NHTSA  concurs  with  Motor  Voters'  belief  that  the 
one-truck  credit  provision  should  not  be  offered  for 
an  excessive  period  of  time,  because  it  would  then 
serve  to  delay  for  too  long  the  safety  benefits  of 
automatic  crash  protection  for  the  right  front  pas- 
senger position  in  light  trucks.  In  the  preamble  to 
the  NPRM,  NHTSA  also  explained  that  it  believed 
that,  if  the  one-truck  credit  provision  were  available 
for  a  period  of  less  than  4  years,  the  short  credit 
would  not  provide  sufficient  time  to  resolve  technical 
issues  associated  with  passenger  side  air  bags  in 
light  trucks.  Hence,  if  the  one-truck  credit  were 
made  available  for  too  short  a  time,  it  would  do  little 
to  encourage  light  truck  manufacturers  to  install 
driver-side  air  bags  in  light  trucks.  Motor  Voters' 
comments  did  not  set  forth  any  new  facts  or  infor- 
mation not  previously  considered  by  the  agency  in 
reaching  its  tentative  decision  on  the  appropriate 
length  of  time  for  the  one-truck  credit  provision.  A 
review  of  the  available  information  reinforces 
NHTSA's  technical  judgment  that  there  are  special 
technical  problems  presented  by  the  installation  of 
air  bags  in  light  trucks  that  can  be  alleviated  by 
allowing  the  one-truck  credit.  After  this  review, 
NHTSA  has  decided  to  adopt  the  proposed  4-year 
duration  for  the  one-truck  credit  in  this  final  rule. 


Other  "Credit"  Issues  During  the  Phase-In 

The  agency  proposed  to  adopt  the  same  1.5  vehicle 
credit  for  light  trucks  that  was  available  for  passen- 
ger cars  during  the  phase-in.  Pursuant  to  this  provi- 
sion, cars  equipped  with  an  air  bag  or  other  non-belt 
means  of  automatic  crash  protection  at  the  driver's 
position,  and  any  type  of  automatic  crash  protection 
at  the  right  front  passenger's  position,  were  counted 
as  1.5  cars  equipped  with  automatic  crash  protection 
during  the  phase-in  of  the  automatic  crash  protec- 
tion requirements  for  passenger  cars. 

In  its  comments,  Ford  stated  that  the  1.5  credit 
provides  some  incentive  for  truck  manufacturers  to 
introduce  passenger-side  air  bags,  but  that  a  two- 
truck  credit  would  be  more  effective  as  an  incentive. 
Ford  acknowledged  that  Porsche  had  sought  a  two- 
car  credit  for  passenger  cars,  and  that  this  request 
was  denied  by  NHTSA.  51  FR  42598;  November  25, 
1986.  However,  Ford  commented  that  most  of  the 
agency's  reasons  for  denying  the  two-car  credit  for 
cars  would  not  be  applicable  for  light  trucks.  Hence, 
Ford  asked  NHTSA  to  reexamine  this  issue. 

In  its  denial  of  a  two-vehicle  credit  provision  for 
cars,  NHTSA  explained  that  the  1.5  vehicle  credit 
already  provided  an  extra  incentive  for  manufactur- 
ers to  install  air  bags  for  both  the  driver  and  right 
front  passenger  and  that  no  manufacturer  had  pro- 
vided detailed  data  specifically  explaining  how  a 
two-car  credit  would  serve  as  an  additional  incentive 
to  any  manufacturer  to  change  its  production  plans 
during  the  phase-in.  Absent  such  a  quantification, 
NHTSA's  judgment  was  that  a  two-vehicle  credit 
provision  could  actually  serve  as  a  disincentive  to 
installing  air  bags  in  the  greatest  number  of  vehi- 
cles during  the  phase-in. 

The  agency  believes  this  reasoning  is  equally  appli- 
cable to  light  trucks.  Neither  Ford  nor  any  other 
manufacturer  has  provided  any  details  about  how  a 
two-truck  credit  would  affect  their  plans  to  install  air 
bags  in  their  trucks.  Absent  such  information,  it  is 
NHTSA's  technical  judgment  that  an  additional  0.5 
vehicle  credit  over  and  above  the  existing  1.5  vehicle 
credit  for  trucks  with  both  driver  and  passenger  air 
bags  would  not  ensure  more  air  bags  in  light  trucks 
during  the  phase-in.  Hence,  this  final  rule  does  not 
include  a  two-truck  credit  provision. 

During  the  phase-in  of  automatic  crash  protection 
in  passenger  cars,  NHTSA  decided  to  permit  the 
"carry-forward"  of  credits  for  vehicles  equipped  with 
automatic  crash  protection.  The  carry-forward  provi- 
sions allow  manufacturers  that  exceed  the  minimum 
percentage  of  vehicles  equipped  with  automatic 
crash  protection  in  one  year  of  the  phase-in  to  count 
those  excess  vehicles  as  credits  toward  the  specified 
percentage  during  any  subsequent  model  years  of 
the  phase-in.  Additionally,  for  passenger  cars,  man- 


PART  585-PRE  35 


ufacturers  were  allowed  to  count  cars  produced  dur- 
ing the  year  before  the  start  of  the  phase-in  as 
credits  toward  the  specified  percentage  in  any  year 
of  the  phase-in.  NHTSA  explained  that  these  carry- 
forward credits  would  encourage  the  early  introduc- 
tion of  more  vehicles  with  automatic  crash  protection, 
provide  increased  flexibility  for  vehicle  manufacturers, 
and  assure  an  orderly  build-up  of  production  capa- 
bility for  automatic  crash  protection.  The  agency 
proposed  to  allow  the  same  carry-forward  of  credits 
during  the  phase-in  of  automatic  crash  protection  for 
light  trucks. 

Ford  commented  that  it  supported  the  proposed 
carry-forward  of  credits.  However,  Ford  requested 
that  manufacturers  be  permitted  to  carry-forward 
credits  for  light  trucks  equipped  with  automatic 
crash  protection  that  are  produced  in  the  2  years 
before  the  start  of  the  phase-in  (i.e.,  September  1, 
1992  to  August  31,  1994),  instead  of  the  proposed 
carry-forward  of  credits  for  automatic  crash  protec- 
tion in  light  trucks  produced  in  the  year  before  the 
start  of  the  phase-in  (i.e.,  September  1,  1993  to 
August  31,  1994).  Ford  commented  that  this  exten- 
sion of  the  carry-forward  credit  provision  would 
encourage  manufacturers  to  introduce  automatic, 
crash  protection  in  light  trucks  as  soon  as  possible. 

NHTSA  is  persuaded  by  this  comment.  To  the 
extent  that  light  truck  manufacturers  are  not  per- 
mitted to  receive  credit  for  trucks  equipped  with 
automatic  crash  protection  produced  before  the  start 
of  the  phase-in,  those  manufacturers  would  have  an 
incentive  to  hold  off  the  installation  of  automatic 
crash  protection  in  their  light  trucks  until  they 
would  receive  such  credit.  Otherwise,  a  manufac- 
turer that  installed  automatic  crash  protection  as 
soon  as  it  could  in  its  light  trucks  would  end  up 
installing  automatic  crash  protection  in  a  higher 
percentage  of  its  vehicles  than  manufacturers  who 
make  lesser  efforts  to  install  automatic  crash  protec- 
tion, while  both  received  the  same  credits  for  pur- 
poses of  complying  with  the  phase-in.  For  example,  a 
manufacturer  that  installs  automatic  crash  protec- 
tion in  10  percent  of  its  vehicles  the  model  year 
before  the  phase-in  starts  and  then  in  an  additional 
ten  percent  of  its  vehicles  during  the  first  year  of  the 
phase-in  (for  a  total  of  20  percent  of  its  vehicles) 
would  not  be  credited  any  differently  than  a  manu- 
facturer that  equipped  20  percent  of  its  vehicles  with 
automatic  crash  protection  during  the  first  year  of 
the  phase-in,  if  there  were  no  provision  allowing 
carry-forward  of  credits.  Hence,  an  extension  of  the 
period  for  carry-forward  credits  serves  the  interests 
of  safety  by  encouraging  the  earliest  possible  intro- 
duction of  automatic  crash  protection.  Accordingly, 
this  rule  adopts  Ford's  suggestion  to  permit  the 
carry-forward  of  credits  for  light  trucks  equipped 
with  automatic  crash  protection  produced  in  the  2 


years  before  the  start  of  the  phase-in. 

Obviously,  light  trucks  that  are  not  certified  as 
complying  with  the  automatic  crash  protection  re- 
quirements cannot  be  carried  forward  as  credits 
toward  complying  with  the  automatic  protection 
requirements.  The  agency  has  slightly  revised  the 
provision  for  calculating  credits  in  S4.2.5.5  of  Stand- 
ard No.  208  and  the  reporting  requirements  in 
§  585.5(bX2),  to  ensure  that  all  parties  understand 
that  carry-forward  credits  are  only  available  for 
light  trucks  certified  as  providing  automatic  crash 
protection. 

Finally,  Mazda  asked  the  agency  to  permit  the 
"carry-back"  of  credits,  a  procedure  that  was  explic- 
itly rejected  for  the  passenger  car  phase-in.  "Carry- 
back" provisions  allow  manufacturers  that  fall  short 
of  the  minimum  percentage  of  vehicles  equipped 
with  automatic  crash  protection  in  one  year  of  the 
phase-in  to  make  up  the  shortfall  in  future  model 
years  of  the  phase-in.  Carry-back  provisions  were 
rejected  for  the  passenger  car  phase-in,  because 
these  provisions  would  allow  vehicle  manufacturers 
to  delay  the  installation  of  automatic  crash  protec- 
tion and  result  in  lesser  safety  benefits  for  the 
public. 

Mazda  did  not  question  the  agency's  previous 
conclusions  that  carry-back  credits  delay  the  avail- 
ability of  automatic  crash  protection.  Absent  any 
additional  information,  NHTSA  has  no  basis  for 
changing  its  previously  stated  rejection  of  the  con- 
cept of  carry-back  credits  during  the  phase-in  period. 

5.  Compatibility  with  Child  Safety  Seats 
In  the  NPRM,  the  agency  proposed  to  include 
special  requirements  for  the  passenger  seating  posi- 
tion in  two-seater  vehicles.  The  agency  proposed  that 
the  automatic  crash  protection  system  installed  at 
the  right  front  seating  position  must  be  capable  of 
being  adjusted  to  secure  a  child  safety  seat  or  the 
seating  position  must  be  equipped  with  an  original 
equipment  manual  lap  or  lap/shoulder  belt  to  secure 
a  child  seat.  Many  vehicle  manufacturers  that  com- 
mented on  the  NPRM  objected  to  this  proposal. 
Motor  Voters  and  the  Automotive  Occupant  Re- 
straints Council  both  supported  the  proposal. 

After  the  publication  of  this  NPRM  on  automatic 
crash  protection  in  light  trucks,  the  agency  pub- 
lished an  NPRM  devoted  to  the  subject  of  the  com- 
patibility of  safety  belt  systems  with  child  safety 
seats;  55  FR  30937;  July  30,  1990.  Instead  of  ad- 
dressing this  issue  in  a  piecemeal  fashion  in  several 
different  rulemakings,  NHTSA  believes  it  is  more 
appropriate  to  use  the  child  seat  compatibility  rule- 
making as  the  forum  for  addressing  all  concerns 
about  the  compatibility  of  child  safety  seats  and  the 
various  occupant  protection  systems,  including  au- 
tomatic crash  protection  systems.  Hence,  the  subject 


PART  585-PRE  36 


will  not  be  addressed  further  in  this  rulemaking 
action. 

Technical  Amendments  of  Regulatory 
Language 

Ford  concluded  its  comments  with  a  request  that 
NHTSA  clarify  the  interrelationship  of  three  rule- 
making actions  under  Standard  No.  208  addressing 
occupant  protection  requirements  for  light  trucks. 
The  first  of  these  was  the  rule  requiring  dynamic 
testing  of  manual  safety  belts  installed  in  front 
outboard  seating  positions  in  light  trucks  (52  FR 
44898;  November  23,  1987),  codified  at  S4.2.2  and 
S4.2.3  of  Standard  No.  208.  The  second  rulemaking 
was  the  requirement  for  rear  seat  lap/shoulder 
safety  belts  in  light  trucks  (54  FR  46257;  November 
2,  1989),  codified  at  S4.2.4  of  Standard  No.  208.  The 
third  rulemaking  is  this  rulemaking  requiring  au- 
tomatic crash  protection  in  light  trucks,  codified  at 
S4.2.5  and  S4.2.6  of  Standard  No.  208. 

Ford  commented  that  S4.2.4  appears  to  require 
lap/shoulder  belts  in  rear  outboard  seating  positions 
of  most  light  trucks.  However,  Ford  correctly  noted 
that  the  dynamic  testing  requirements  for  manual 
safety  belts  in  light  trucks  and  the  automatic  crash 
protection  requirements  for  light  trucks  refer  to  the 
older  passenger  car  options  for  occupant  protection, 
which  permit  the  installation  of  lap-only  safety  belts 
in  rear  outboard  seats  of  vehicles.  Ford  suggested 
that  this  be  clarified.  This  rule  makes  the  requested 
clarification,  so  that  no  unintended  confusion  will 
arise  about  whether  light  trucks  must  be  equipped 
with  lap/shoulder  belts  in  rear  seating  positions. 

Ford  also  commented  that  it  was  unclear  if  the 
dynamic  testing  requirements  for  light  trucks 
equipped  with  manual  safety  belts  applied  to  light 
trucks  equipped  with  manual  safety  belts  that  are 
produced  during  the  phase-in  period  for  automatic 
crash  protection.  The  answer  is  that  dynamic  testing 
will  apply  to  all  subject  light  trucks  manufactured 
on  or  after  September  1,  1991,  including  the  years 
during  which  automatic  crash  protection  will  be 
phased  in,  that  meet  the  requirements  of  Standard 
No.  208  by  providing  manual  lap/shoulder  belts  at 
front  outboard  seating  positions.  Language  has  been 
added  to  the  dynamic  testing  requirements  to  make 
this  requirement  more  explicit. 

Finally,  Ford  commented  that  it  assumed  light 
trucks  not  subject  to  the  dynamic  testing  require- 


ments but  that  would  be  subject  to  the  automatic 
crash  protection  requirement  (motor  homes,  convert- 
ibles, open-body  vehicles,  etc.)  would  be  excluded 
from  a  manufacturer's  production  total  when  deter- 
mining compliance  with  the  phase-in.  This  assump- 
tion is  incorrect.  NHTSA  explicitly  proposed  to  in- 
clude these  vehicles  and  did  not  propose  to  exclude 
such  vehicles  during  the  phase-in.  This  rule  does  not 
have  any  such  exclusion. 

Regulatory  Impacts 

NHTSA  has  examined  the  impacts  of  this  rule- 
making action  and  determined  that  it  is  both  "ma- 
jor" within  the  meaning  of  Executive  Order  12291 
and  "significant"  within  the  meaning  of  the  Depart- 
ment of  Transportation's  regulatory  policies  and 
procedures,  because  of  both  the  costs  and  the  public 
interest  associated  with  this  proposed  rulemaking 
action.  Accordingly,  a  Final  Regulatory  Impact 
Analysis  (FRIA)  has  been  prepared  for  this  proposal, 
and  a  copy  of  the  FRIA  has  been  placed  in  the  public 
docket  for  this  rulemaking  action.  A  copy  of  the 
FRIA  may  be  obtained  by  writing  to:  Docket  Section, 
NHTSA,  Room  5109,  400  Seventh  Street,  SW,  Wash- 
ington, D.C.  20590. 

T^ble  1  presents  the  incremental  benefits  of  auto- 
matic crash  protection  assuming  all  light  trucks 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
would  have  automatic  belts,  or  assuming  all  light 
trucks  would  have  driver  side  air  bags,  or  assuming 
all  light  trucks  would  have  air  bags  for  the  driver 
and  right  front  seat  passenger.  These  benefits  can  be 
considered  to  accrue  over  the  lifetime  of  one  model 
year's  production  when  all  light  trucks  in  that  model 
year  have  automatic  crash  protection  or  these  bene- 
fits can  be  considered  annual  benefits  at  some  future 
date  when  all  light  trucks  in  the  fleet  incorporate 
automatic  crash  protection.  These  incremental  ben- 
efits are  compared  to  manual  safety  belt  use  rates  of 
26.6  to  40  percent  (26.6  percent  was  derived  from  the 
Fatal  Accident  Reporting  System,  and  represents 
belt  use  in  potentially  fatal  accidents  by  light  truck 
occupants  for  1989;  40  percent  is  an  estimate  of 
potential  safety  belt  use  levels  in  1995  based  on  a 
continuing  trend  of  increased  use  due  to  State  safety 
belt  use  laws,  consumer  safety  awareness,  and  safety 
belt  education  programs). 


PART  585-PRE  37 


TABLE  1 

Incremental  Benefits  for  Automatic  Crash  Protection 

Assuming  Light  Trucks  with  a  GVWR  of  8,500  Pounds  GVWR  or  Less 

And  Unloaded  Vehicle  Weight  of  5,500  Pounds  or  Less 

Were  Equipped  with  that  Type  of  Automatic  Protection 


Fatalities 


Driver 
Air  Bags 

Driver  and 
Right  Front 
Air  Bags 

Automatic 

Belts 

Usage 

50  Percent 
60  Percent 
70  Percent 


1,573  to  1,855 


2,016  to  2,378 


370  to  1,216 

949  to  1,796 

1,529  to  2,375 


AIS  2-5 
Injuries 

AISl 
Injuries 

18,688  to  22,178 

32,837  to  40,423 

23,960  to  28,434 

42,098  to  51,824 

4,353  to  13,829 
10,881  to  20,357 
17,409  to  26,883 


7,258  to  16,984 
14,517  to  24,243 
21,775  to  31,501 


The  estimated  costs  of  automatic  crash  protection  for  light  trucks  are  shown  in  Tfeible  2. 

TABLE  2 
Estimated  Consumer  Costs  of  Automatic  Crash  Protection 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Consumer 
Cost  (1989  $) 

$277.86 

404.16 

185.66 

44.21 


The  estimated  lifetime  fuel  costs  for  the  added  weight  of  these  various  types  of  automatic  protection  are 
shown  in  Tbble  3. 


TABLE  3 

Lifetime  Fuel  Cost 

(Present  Value,  10%  Annual  Discount  Rate) 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Incremental 

Weight  per 

Vehicle 

9.0  lbs. 
21.0 
10.0 

5.0 


Tbtal  Vehicle 
Lifetime  Fuel 
Cost  (1989  $) 

$12.38 

28.80 

13.75 

6.89 


PART  585-PRE  38 


TABLE  4 

Total  Vehicle  Costs  Including 

Lifetime  Fuel  Costs 

(Present  Value,  10%  Annual  Discount  Rate) 

(Without  Secondary  Weight) 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


Incremental 

Weight  per 

Vehicle 


9.0  lbs. 
21.0 
10.0 

5.0 


Total  Per  Vehicle  Cost 
Including  Lifetime 
Fuel  Cost  (1989  $) 

$290.24 

432.96 

199.41 

51.10 


Restraint  System 

Driver  air  bag 
Driver  and  RF  air  bag 
Automatic  belts  Motorized 
Automatic  belts  Non-motorized 


(With  Secondary  Weight) 

Incremental 

Weight  per 

Vehicle 


15.3 

35.7 

17.0 

8.5 


Total  Per  Vehicle  Cost 
Including  Lifetime 
Fuel  Cost  (1989  $) 

$303.76 

464.47 

214.43 

58.62 


Additionally,  the  agency  has  analyzed  the  effects 
of  this  proposal  on  small  entities,  in  accordance  with 
the  Regulatory  Flexibility  Act.  This  analysis  ap- 
pears at  Section  IV  of  the  FRIA.  Based  on  the 
available  information,  the  agency  does  not  believe 
that  a  substantial  number  of  small  entities  will  be 
affected  by  this  final  rule,  and  that  any  effects  on 
small  entities  would  not  be  significant  economic 
impacts.  Interested  persons  are  invited  to  examine 
this  section  of  the  FRIA. 

The  agency  has  also  analyzed  this  rule  under  the 
National  Environmental  Policy  Act  and  determined 
that  it  will  not  have  a  significant  effect  on  the 
human  environment.  A  discussion  of  this  determi- 
nation can  be  found  in  the  Environmental  Assess- 
ment that  has  been  prepared  for  this  rule.  This 
report  is  available  in  the  public  docket  for  this 
rulemaking  action. 

This  rule  has  also  been  analyzed  in  accordance  with 
the  principles  and  criteria  contained  in  Executive 
Order  12612,  and  NHTSA  has  determined  that  it  does 
not  have  sufficient  federalism  implications  to  warrant 
the  preparation  of  a  Federalism  Assessment. 

The  Office  of  Management  and  Budget  (0MB)  had 
already  approved  NHTSA's  requirement  for  phase-in 
reporting  for  automatic  crash  protection  in  passen- 
ger cars  (0MB  #2127-0535).  However,  this  rule 
extends  the  existing  passenger  car  requirements  to 
light  trucks  during  the  phase-in  of  automatic  crash 
protection.  This  extension  is  considered  to  be  an 
information  collection  requirement,  as  that  term  is 


defined  by  0MB  in  5  CFR  Part  1320.  Accordingly, 
the  information  collection  requirement  was  submit- 
ted to  and  approved  by  0MB,  pursuant  to  the  re- 
quirements of  the  Paperwork  Reduction  Act  (44 
U.S.C.  3501  et  seq.).  The  reporting  and  recordkeep- 
ing requirements  in  this  rule  have  been  assigned 
0MB  #2127-0535  and  approved  through  April  30, 
1993. 

In  consideration  of  the  foregoing.  Chapter  V  of 
Title  49  of  the  Code  of  Federal  Regulations  is 
amended  as  follows: 

S4.2  of  Standard  No.  208  is  amended  by  revising 
S4.2.2,  S4.2.3,  and  the  title  of  S4.2.4,  and  adding 
new  S4.2.5  and  S4.2.6,  to  read  as  follows: 

S4.2  Trucks  and  multipurpose  passenger  ve- 
hicles with  GVWR  of  10,000  pounds  or  less. 

S4.2.2  Trucks  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less,  manufactured  on  or  after  September  1, 
1991  and  before  September  1,  1997.  Except  as 
provided  in  S4.2.4,  each  truck  and  multipurpose 
passenger  vehicle  with  a  gross  vehicle  weight  rating 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less,  manufactured  on  or 
after  September  1,  1991  and  before  September  1, 
1997,  shall  meet  the  requirements  of  S4. 1.2.1,  or  at 
the  option  of  the  manufacturer,  S4. 1.2.2  or  S4. 1.2.3 
(as  specified  for  passenger  cars),  except  that  convert- 
ibles,   open-body   type    vehicles,    walk-in    van-type 


PART  585-PRE  39 


trucks,  motor  homes,  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  and  vehicles 
carrying  chassis-mount  campers  may  instead  meet 
the  requirements  of  S4. 2. 1.1  or  S4.2.1.2.  Each  Type  2 
seat  belt  assembly  installed  in  a  front  outboard 
designated  seating  position  in  accordance  with 
S4. 1.2.3  shall  meet  the  requirements  of  S4.6. 

54.2.3  Trucks  and  multipurpose  passenger 
vehicles  manufactured  on  or  after  September  1, 
1991  with  either  a  GVWR  of  more  than  8,500 
pounds  but  not  greater  than  10,000  pounds  or 
with  an  unloaded  vehicle  weight  greater  than 
5,500  pounds  and  a  GVWR  of  10,000  pounds  or 
less.  Except  as  provided  in  S4.2.4,  each  truck  and 
multipurpose  passenger  vehicle  manufactured  on  or 
after  September  1,  1991,  that  has  either  a  gross 
vehicle  weight  rating  which  is  greater  than  8,500 
pounds,  but  not  greater  than  10,000  pounds,  or  has 
an  unloaded  vehicle  weight  gi-eater  than  5,500 
pounds  and  a  GVWR  of  10,000  pounds  or  less,  shall 
meet  the  requirements  of  S4. 1.2.1,  or  at  the  option  of 
the  manufacturer,  S4.1.2.2  or  S4.1.2.3  (as  specified 
for  passenger  cars),  except  that  convertibles,  open- 
body  type  vehicles,  walk-in  van-type  trucks,  motor 
homes,  vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service,  and  vehicles  carrying  chassis- 
mount  campers  may  instead  meet  the  requirements 
of  S4. 2. 1.1  or  S4.2.1.2. 

54.2.4  Rear  outboard  seating  positions  in 
trucks  and  multipurpose  passenger  vehicles 
manufactured  on  or  after  September  1,  1991 
with  a  GVWR  of  10,000  pounds  or  less.    *    *    * 

***** 

54.2.5  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994,  and  before  September  1,  1997. 

S4.2.5.1  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994  and  before  September  1,  1995. 

S4. 2.5. 1.1  Subject  to  S4. 2.5. 1.2  and  S4.2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1994  and  before  September 
1,  1995,  shall  comply  with  the  requirements  of 
S4. 1.2.1,  S4.1.2.2,  or  S4.1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 


in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

S4.2.5.1.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.1.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  20 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1,  1991,  and  before  September 
1,  1994,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 
period  specified  in  S4.2.5.1.1. 

S4.2.5.2  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1995  and  before  September  1,  1996. 

54.2.5.2.1  Subject  to  S4.2.5.2.2  and  S4.2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1995  and  before  September 
1,  1996,  shall  comply  with  the  requirements  of 
S4. 1.2.1,  S4.1.2.2,  or  S4. 1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 
in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

54.2.5.2.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.2.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  50 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1,  1992,  and  before  September 
1,  1995,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 


PART  585-PRE  40 


period  specified  in  S4.2.5.2.1. 

54. 2.5.3  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  G VWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1996  and  before  September  1,  1997. 

54. 2.5. 3.1  Subject  to  S4.2.5.3.2  and  S4.2.5.5  and 
except  as  provided  in  S4.2.4,  each  truck,  bus,  and 
multipurpose  passenger  vehicle,  other  than  walk-in 
van-type  trucks  and  vehicles  designed  to  be  exclu- 
sively sold  to  the  U.S.  Postal  Service,  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  is  manufactured 
on  or  after  September  1,  1996  and  before  September 
1,  1997,  shall  comply  with  the  requirements  of 
S4. 1.2.1,  S4. 1.2.2,  or  S4.1.2.3  (as  specified  for  passen- 
ger cars).  A  vehicle  shall  not  be  deemed  to  be  in 
noncompliance  with  this  standard  if  its  manufac- 
turer establishes  that  it  did  not  have  reason  to  know 
in  the  exercise  of  due  care  that  such  vehicle  is  not  in 
conformity  with  the  requirement  of  this  standard. 

54.2.5.3.2  Subject  to  S4.2.5.5,  the  amount  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
specified  in  S4.2.5.3.1  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars)  shall  be  not  less  than  90 
percent  of: 

(a)  The  average  annual  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1,  1993,  and  before  September 
1,  1996,  by  each  manufacturer  that  produced  such 
vehicles  during  each  of  those  annual  production 
periods,  or 

(b)  The  manufacturer's  total  production  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  during  the 
period  specified  in  S4.2.5.3.1. 

54.2.5.4  Alternative  phase-in  schedule.  A  man- 
ufacturer may,  at  its  option,  comply  with  the  require- 
ments of  this  section  instead  of  complying  with  the 
requirements  set  forth  in  S4.2.5.1,  S4.2.5.2,  and 
S4.2.5.3. 

(a)  Except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 
exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is  man- 
ufactured on  or  after  September  1,  1994  and  before 
September  1,  1995,  shall  comply  with  the  require- 
ments of  S4. 1.2.1,  S4. 1.2.2,  or  S4.1.2.3  (as  specified 
for  passenger  cars). 

(h)  Except  as  provided  in  S4.2.4,  each  truck,  bus, 
and  multipurpose  passenger  vehicle,  other  than 
walk-in  van-type  trucks  and  vehicles  designed  to  be 


exclusively  sold  to  the  U.S.  Postal  Service,  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  that  is  man- 
ufactured on  or  after  September  1,  1995  shall  comply 
with  the  requirements  of  S4. 1.2.1  (as  specified  for 
passenger  cars)  of  this  standard.  A  vehicle  shall  not 
be  deemed  to  be  in  noncompliance  with  this  Stand- 
ard if  its  manufacturer  establishes  that  it  did  not 
have  reason  to  know  in  the  exercise  of  due  care  that 
such  vehicle  is  not  in  conformity  with  the  require- 
ment of  this  standard. 

(c)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
manufactured  on  or  after  September  1,  1995,  but 
before  September  1,  1998,  whose  driver's  seating 
position  complies  with  the  requirements  of 
S4. 1.2. 1(a)  of  this  standard  by  means  not  including 
any  type  of  seat  belt  and  whose  right  front  passen- 
ger's seating  position  is  equipped  with  a  manual 
Type  2  seat  belt  that  complies  with  S5.1  of  this 
standard,  with  the  seat  belt  assembly  adjusted  in 
accordance  with  S7.4.2,  shall  be  counted  as  a  vehicle 
complying  with  S4. 1.2.1. 

S4.2.5.5  Calculation  of  complying  trucks, 
buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less. 

(a)  For  the  purposes  of  the  calculations  required  in 
S4. 2.5. 1.2,  S4.2.5.2.2,  and  S4. 2.5. 3.2  of  the  number 
of  trucks,  buses,  and  multipurpose  passenger  vehi- 
cles with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  that 
comply  with  S4. 1.2.1  (as  specified  for  passenger 
cars): 

(1)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
whose  driver's  seating  position  complies  with  the 
requirements  of  S4. 1.2. 1(a)  by  means  not  including 
any  type  of  seat  belt  and  whose  front  right  seating 
position  complies  with  the  requirements  of 
S4. 1.2. 1(a)  by  any  means  is  counted  as  1.5  vehicles, 
and 

(2)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
whose  driver's  seating  position  complies  with  the 
requirements  of  84. 1.2. 1(a)  by  means  not  including 
any  type  of  seat  belt  and  whose  right  front  passen- 
ger's seating  position  is  equipped  with  a  manual 
Type  2  seat  belt  that  complies  with  S5.1  of  this 
Standard,  with  the  seat  belt  assembly  adjusted  in 
accordance  with  S7.4.2,  is  counted  as  one  vehicle. 

(3)  Each  truck,  bus,  and  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  that 


PART  585-PRE  41 


is  manufactured  in  two  or  more  stages  or  that  is 
altered  (within  the  meaning  of  §  567.7  of  this  chap- 
ter) after  having  previously  been  certified  in  accor- 
dance with  Part  567  of  this  chapter  is  not  subject  to 
the  requirements  of  S4.2.5.1.2,  S4.2.5.2.2,  and 
S4.2.5.3.2.  Such  vehicles  may  be  excluded  from  all 
calculations  of  compliance  with  S4.2.5.1.2,  S4.2.5.2.2, 
and  S4.2.5.3.2. 

(b)  For  the  purposes  of  complying  with  S4.2.5.1.2, 
a  truck,  bus,  or  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1,  1992, 
but  before  September  1,  1994,  and 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars). 

(c)  For  the  purposes  of  complying  with  S4.2.5.2.2,  a 
truck,  bus,  or  multipurpose  passenger  vehicle  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1,  1992, 
but  before  September  1,  1995, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4. 2.5. 1.2. 

(d)  For  the  purposes  of  complying  with  S4.2.5.3.2, 
a  truck,  bus,  or  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  may  be 
counted  if  it: 

(1)  Is  manufactured  on  or  after  September  1,  1992, 
but  before  September  1,  1996, 

(2)  Is  certified  as  complying  with  S4. 1.2.1  (as 
specified  for  passenger  cars),  and 

(3)  Is  not  counted  towards  compliance  with 
S4.2.5.1.2  or  S4.2.5.2.2. 

S4.2.5.6  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  produced  by  more  than  one 
manufacturer. 

S4.2.5.6.1  For  the  purposes  of  calculating  average 
annual  production  for  each  manufacturer  and  the 
amount  of  vehicles  manufactured  by  each  manufac- 
turer under  S4. 2.5. 1.2,  S4. 2.5. 2.2,  "or  S4.2.5.3.2,  a 
truck,  bus,  or  multipurpose  passenger  vehicle  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  produced  by 
more  than  one  manufacturer  shall  be  attributed  to  a 
single  manufacturer  as  follows,  subject  to  S4.2.5.6.2: 

(a)  A  vehicle  that  is  imported  shall  be  attributed  to 
the  importer. 

(b)  A  vehicle  that  is  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of  which 


also  markets  the  vehicle,  shall  be  attributed  to  the 
manufacturer  that  markets  the  vehicle. 

S4.2.5.6.2  A  truck,  bus,  or  multipurpose  passenger 
vehicle  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
produced  by  more  than  one  manufacturer  shall  be 
attributed  to  any  one  of  the  vehicle's  manufacturers 
specified  in  an  express  written  contract,  reported  to 
the  National  Highway  Traffic  Safety  Administration 
under  49  CFR  Part  585,  between  the  manufacturer 
so  specified  and  the  manufacturer  to  which  the 
vehicle  would  otherwise  be  attributed  under 
S4.2.5.4.1. 

84. 2. 6  Trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1997.  Except  as  provided  in  S4.2.4,  each 
truck,  bus,  and  multipurpose  passenger  vehicle  with 
a  GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less  manufactured 
on  or  after  September  1,  1997  shall  comply  with  the 
requirements  of  S4. 1.2.1  (as  specified  for  passenger 
cars)  of  this  standard,  except  that  walk-in  van-type 
trucks  and  vehicles  designed  to  be  exclusively  sold  to 
the  U.S.  Postal  Service  may  instead  meet  the  re- 
quirements of  S4. 2. 1.1  or  S4.2.1.2.  Each  truck,  bus, 
and  multipurpose  passenger  vehicle  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  manufactured  on  or 
after  September  1,  1997,  but  before  September  1, 
1998,  whose  driver's  seating  position  complies  with 
the  requirements  of  S4. 1.2. 1(a)  of  this  Standard  by 
means  not  including  any  type  of  seat  belt  and  whose 
right  front  passenger's  seating  position  is  equipped 
with  a  manual  Type  2  seat  belt  that  complies  with 
S5.1  of  this  Standard,  with  the  seat  belt  assembly 
adjusted  in  accordance  with  S7.4.2,  shall  be  counted 
as  a  vehicle  complying  with  S4. 1.2.1.  A  vehicle  shall 
not  be  deemed  to  be  in  noncompliance  with  this 
Standard  if  its  manufacturer  establishes  that  it  did 
not  have  reason  to  know  in  the  exercise  of  due  care 
that  such  vehicle  is  not  in  conformity  with  the 
requirement  of  this  standard. 


3.  A  new  S4.4.4 
read  as  follows: 
S4.4  Buses. 


idded  to  Standard  No  208,  to 


S4.4.4  Buses  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500 
pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994.  Each  bus  with  a  GVWR  of  8,500 
pounds  or  less  and  an  unloaded  vehicle  weight  of 
5,500  pounds  or  less  manufactured  on  or  after  Sep- 
tember 1,  1994  shall  comply  with  the  requirements 


PART  585-PRE  42 


of  S4.2.5  and  S4.2.6  of  this  standard,  as  applicable, 
for  front  seating  positions,  and  with  the  require- 
ments of  S4.4.3.2  or  S4.4.3.3  of  this  standard,  as 
applicable,  for  all  rear  seating  positions. 


4.  S8.1.1(b)  of  Standard  No.  208 
s  follows: 
S8.  Test  conditions. 


revised  to  read 


S8.1.1  Except  as  provided  in  paragraph  (c)  of  this 
section,  the  vehicle,  including  test  devices  and  in- 
strumentation, is  loaded  as  follows: 

***** 

(b)  Multipurpose  passenger  vehicles,  trucks, 
and  buses.  A  multipurpose  passenger  vehicle,  truck, 
or  bus  is  loaded  to  its  unloaded  vehicle  weight  plus  300 
pounds  or  its  rated  cargo  and  luggage  capacity  weight, 
whichever  is  less,  secured  in  the  load  carrying  area 
and  distributed  as  nearly  as  possible  in  proportion  to 
its  gross  axle  weight  ratings,  plus  the  weight  of  the 
necessary  anthropomorphic  test  devices.  For  the  pur- 
poses of  this  section,  unloaded  vehicle  weight  does  not 
include  the  weight  of  work-performing  accessories. 
Vehicles  are  tested  to  a  maximum  unloaded  vehicle 
weight  of  5,500  pounds. 


PART  585-[AMENDED] 

5.  The  authority  citation  for  Part  585  continues  to 
read  as  follows: 

Authority:  15  U.S.C.  1392,  1401,  1407;  delegation 
of  authority  at  49  CFR  1.50. 

6.  Section  585.1  is  revised  to  read  as  follows: 
This  part  establishes  requirements  for  manufac- 
turers of  trucks,  buses,  and  multipurpose  passenger 
vehicles  with  a  gross  vehicle  weight  rating  (GVWR) 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  to  submit  reports,  and 
to  maintain  records  related  to  the  reports,  concern- 
ing the  number  of  such  vehicles  equipped  with 
automatic  crash  protection  in  compliance  with  the 
requirements  of  S4.2.5  of  Standard  No.  208,  Occu- 
pant Crash  Protection  (49  CFR  §  571.208). 

7.  Section  585.2  is  revised  to  read  as  follows: 

§  585.2  Purpose. 

The  purpose  of  these  reporting  requirements  is  to 
aid  the  National  Highway  Traffic  Safety  Adminis- 
tration in  determining  whether  a  manufacturer  of 
trucks,  buses,  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  has 
complied  with  the  requirements  of  Standard  No.  208, 
Occupant  Crash  Protection  (49  CFR  §571.208)  to 
install  automatic  crash  protection  in  specified  per- 
centages of  the  manufacturer's  annual  production  of 


those  vehicles. 

8.  Section  585.3  is  revised  to  read  as  follows: 

§  585.3  Applicability. 

This  part  applies  to  manufacturers  of  trucks, 
buses,  and  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded 
vehicle  weight  of  5,500  pounds  or  less.  However,  this 
part  does  not  apply  to  any  such  manufacturers 
whose  production  consists  exclusively  of: 

(a)  vehicles  manufactured  in  two  or  more  stages; 

(b)  walk-in  van-type  trucks; 

(c)  vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service; 

(d)  Vehicles  that  are  altered  after  previously  hav- 
ing been  certified  in  accordance  with  part  567  of  this 
chapter. 

7.  Section  585.4  is  revised  to  read  as  follows: 

§  585.4  Definitions. 

(a)  All  terms  defined  in  section  102  of  the  National 
Traffic  and  Motor  Vehicle  Safety  Act  (15  U.S.C.  1391) 
are  used  in  their  statutory  meaning. 

(b)  Bus,  gross  vehicle  weight  rating  or  GVWR, 
multipurpose  passenger  vehicle,  truck,  and  unloaded 
vehicle  weight  are  used  as  defined  in  §  571.3  of  this 
chapter. 

(c)  Production  year  means  the  12-month  period 
between  September  1  of  the  prior  year  and  August 
31  of  the  year  in  question,  inclusive. 

8.  Section  585.5  is  revised  to  read  as  follows: 

§  585.5  Reporting  requirements. 

(a)  General  reporting  requirements. 

(1)  Within  60  days  after  the  end  of  the  production 
years  ending  August  31,  1995,  August  31,  1996,  and 
August  31,  1997,  each  manufacturer  that  manufac- 
tured any  trucks,  buses,  and  multipurpose  passen- 
ger vehicles  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or 
less  during  the  production  year  (other  than  walk-in 
van-type  trucks,  vehicles  designed  to  be  exclusively 
sold  to  the  U.S.  Postal  Service,  vehicles  manufac- 
tured in  two  or  more  stages,  or  vehicles  that  were 
altered  after  previously  having  been  certified  in 
accordance  with  part  567  of  this  chapter)  shall 
submit  a  report  to  the  National  Highway  Traffic 
Safety  Administration  concerning  its  compliance 
with  the  requirements  of  Standard  No.  208  (49  CFR 
571.208)  for  installation  of  automatic  crash  protec- 
tion in  such  vehicles  manufactured  during  that 
production  year 

(2)  Each  report  submitted  in  compliance  with 
paragraph  (aXD  of  this  section  shall: 

(i)  Identify  the  manufacturer; 
(ii)  State  the  full  name,  title,  and  address  of  the 
official  responsible  for  preparing  the  report; 


PART  585-PRE  43 


(iii)  Identify  the  production  year  for  which  the 
report  is  filed; 

(iv)  Contain  a  statement  regarding  the  extent  to 
which  the  manufacturer  has  complied  with  the  re- 
quirements of  S4.2.5  of  Standard  No.  208  (§  571.208 
of  this  chapter); 

(v)  Provide  the  information  specified  in  paragraph 
(b)  of  this  section; 

(vi)  Be  written  in  the  English  language;  and 

(vii)  Be  submitted  to:  Administrator,  National 
Highway  Traffic  Safety  Administration,  400  Seventh 
Street,  S.W.,  Washington,  D.C.  20590. 

(b)  Report  content. 

(1)  Basis  for  phase-in  production  goals.  Each  man- 
ufacturer shall  report  the  number  of  trucks,  buses, 
and  multipurpose  passenger  vehicles  with  a  GVWR 
of  8,500  pounds  or  less  and  an  unloaded  vehicle 
weight  of  5,500  pounds  or  less  that  it  manufactured 
for  sale  in  the  United  States  for  each  of  the  three 
preceding  production  years  or,  at  the  manufacturer's 
option,  for  the  production  year  for  which  the  report  is 
filed.  A  manufacturer  that  did  not  manufacture  any 
trucks,  buses,  or  multipurpose  passenger  vehicles 
with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
during  each  of  the  three  preceding  production  years 
must  report  the  number  of  trucks,  buses,  and  multi- 
purpose passenger  vehicles  with  a  GVWR  or  8,500 
pounds  or  less  and  an  unloaded  vehicle  weight  of 
5,500  pounds  or  less  manufactured  during  the  pro- 
duction year  for  which  the  report  is  filed. 

(2)  Production.  Each  manufacturer  shall  report  for 
the  production  year  for  which  the  report  is  filed,  and 
for  each  preceding  production  year,  to  the  extent  that 
trucks,  buses,  and  multipurpose  passenger  vehicles 
produced  during  the  preceding  production  years  are 
treated  under  §571.208  of  this  chapter  as  having 
been  produced  during  the  production  period  for 
which  the  report  is  filed,  the  information  specified  in 
paragraphs  (bX2Xi)  through  (bX2Xiii)  of  this  section, 
inclusive,  with  respect  to  its  trucks,  buses,  and 
multipurpose  passenger  vehicles  with  a  GVWR  of 
8,500  pounds  or  less  and  an  unloaded  vehicle  weight 
of  5,500  pounds  or  less. 

(i)  The  number  of  those  vehicles  certified  as  com- 
plying with  S4. 1.2.1  of  Standard  No.  208,  Occupant 
Crash  Protection  (49  CFR  §571.208)  because  they 
are  equipped  with  automatic  seat  belts  and  the 


seating  positions  at  which  those  belts  are  installed; 

(ii)  The  number  of  those  vehicles  certified  as 
complying  with  S4. 1.2.1  of  Standard  No.  208,  Occu- 
pant Crash  Protection  (49  CFR  §571.208)  because 
they  are  equipped  with  air  bags  and  the  seating 
positions  at  which  those  air  bags  are  installed;  and 

(iii)  The  number  of  those  vehicles  certified  as 
complying  with  S4. 1.2.1  of  Standard  No.  208,  Occu- 
pant Crash  Protection  (49  CFR  §  571.208)  because 
they  are  equipped  with  other  forms  of  automatic 
crash  protection,  which  forms  of  automatic  crash 
protection  shall  be  described,  and  the  seating  posi- 
tions at  which  those  forms  of  automatic  crash  pro- 
tection are  installed. 

(3)  Vehicles  produced  by  more  than  one  manufac- 
turer Each  manufacturer  whose  reporting  of  infor- 
mation is  affected  by  one  or  more  of  the  express 
written  contracts  permitted  by  section  S4.2.5.6.2  of 
§  571.208  of  this  chapter  shall: 

(i)  Report  the  existence  of  each  such  contract, 
including  the  names  of  all  parties  to  each  such 
contract,  and  explain  how  the  contract  affects  the 
report  being  filed;  and 

(ii)  Report  the  number  of  vehicles  covered  by  each 
such  contract. 

11.  Section  585.6  is  revised  to  read  as  follows: 

§  585.6  Records. 

Each  manufacturer  shall  maintain  records  of  the 
vehicle  identification  number  and  type  of  automatic 
crash  protection  for  each  vehicle  for  which  informa- 
tion was  reported  under  §  585.5(bX2),  until  Decem- 
ber 31,  1999. 


Issued  on  March  20, 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  12472 
March  26,  1991 


PART  585-PRE  44 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  585 

Automatic  Restraint  Phase-In  Reporting  Requirements 
(Docket  No.  74-14;  Notice  43) 


51.  Scope.  I  This  part  establishes  requirements 
for  manufacturers  of  trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  gross  vehicle  weight  rating 
(GVWR)  of  8,500  pounds  or  less  and  an  unloaded  vehi- 
cle weight  of  5,500  pounds  or  less  to  submit  reports, 
and  to  maintain  records  related  to  the  reports,  concern- 
ing the  number  of  such  vehicles  equipped  with  auto- 
matic crash  protection  in  compliance  with  the 
requirements  of  S4.2.5  of  Standard  No.  208,  Occupant 
Crash  Protection  (49  CFR  §  571.208). 

52.  Purpose.  [  The  purpose  of  these  reporting  re- 
quirements is  to  aid  the  National  Highway  Traffic 
Safety  Administration  in  determining  whether  a 
manufacturer  of  trucks,  buses,  and  multipurpose 
passenger  vehicles  with  a  GVWR  of  8,500  pounds  or 
less  and  an  unloaded  vehicle  weight  of  5,500  pounds 
or  less  has  complied  with  the  requirements  of  Standard 
No.  208,  Occupant  Crash  Protection  U9  CFR 
S  571.208)  to  install  automatic  crash  protection  in  speci- 
fied percentages  of  the  manufacturer's  annual  produc- 
tion of  those  vehicles. 

53.  Applicability.  [  This  part  applies  to  manufac- 
turers of  trucks,  buses,  and  multipurpose  passenger  ve- 
hicles with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less. 
However,  this  part  does  not  apply  to  any  such  manufac- 
turers whose  production  consists  exclusively  of: 

(a)  Vehicles  manufactured  in  two  or  more  stages; 

(b)  Walk-in  van-type  trucks; 

(c)  Vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service;  and/or 

(d)  Vehicles  that  are  altered  after  previously  having 
been  certified  in  accordance  with  Part  567  of  this 
chapter. 

S.4  Definitions.  [  (a)  All  terms  defined  in  section 
102  of  the  National  Traffic  and  Motor  Vehicle  Safety 
Act  (15  U.S.C  1391)  are  used  in  their  statutory 
meaning. 

(b)  5ws,  gross  vehicle  weight  rating  or  GVWR,  multi- 
purpose passenger  vehicle,  truck,  and  unloaded  vehicle 
are  used  as  defined  in  §  571.3  of  this  chapter. 


(c)  Production  year  means  the  12-month  period  be- 
tween September  1  of  the  prior  year  and  August  31 
of  the  year  in  question,  inclusive. 

S5.     Reporting  requirements. 

(a)  General  reporting  requirements. 

t  (1)  Within  60  days  after  the  end  of  the  production 
years  ending  August  31,  1995,  August  31,  1996,  and 
August  31,  1997,  each  manufacturer  that  manufac- 
tured any  trucks,  buses,  and  multipurpose  passenger 
vehicles  with  a  GVWR  of  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less  during 
the  production  year  (other  than  walk-in  van-type 
trucks,  vehicles  designed  to  be  exclusively  sold  to  the 
U.S.  Postal  Service,  vehicles  manufactured  in  two  or 
more  stages,  or  vehicles  that  were  altered  after  previ- 
ously having  been  certified  in  accordance  with  Part  567 
of  this  chapter)  shall  submit  a  report  to  the  National 
Highway  Traffic  Safety  Administration  concerning  its 
compliance  with  the  requirements  of  Standard  No.  208 
(49  CFR  §  571.208)  for  installation  of  automatic  crash 
protection  in  such  vehicles  manufactured  during  that 
production  year. 

(2)  Each  report  submitted  in  compliance  with  para- 
graph (a)(1)  of  this  section  shall: 

(i)  Identify  the  manufacturer; 

(ii)  State  the  full  name,  title,  and  address,  of  the 
official  responsible  for  preparing  the  report; 

(iii)  Identify  the  production  year  for  which  the 
report  is  filed; 

(iv)  Contain  a  statement  regarding  the  extent  to 
which  the  manufacturer  has  complied  with  the  require- 
ments of  S4.2.5  of  Standard  No.  208  (§  571.208  of  this 
chapter); 

(v)  Provide  the  information  specified  in  paragraph 
(b)  of  this  section; 

(vi)  Be  written  in  the  English  language;  and 

(vii)  Be  submitted  to:  Administrator,  National 
Highway  Traffic  Safety  Administration,  400  Seventh 
Street,  S.W.,  Washington,  D.C.  20590. 

(b)  Report  content 

(1)  Basis  for  phase-in  production  goals.  Each 
manufacturer  shall  report  the  number  of  trucks,  buses, 


3/26/91) 


PART  585-1 


and  multipurpose  passenger  vehicles  with  a  GVWR  of 
8,500  pounds  or  less  and  an  unloaded  vehicle  weight 
of  5,500  pounds  or  less  that  it  manufactured  for  sale 
in  the  United  States  for  each  of  the  three  preceding 
production  years  or,  at  the  manufacturer's  option,  for 
the  production  year  for  which  the  report  is  filed.  A 
manufacturer  that  did  not  manufacture  any  trucks, 
buses,  or  multipurpose  passenger  vehicles  with  a 
GVWR  of  8,500  pounds  or  less  and  an  unloaded  vehi- 
cle weight  of  5,500  pounds  or  less  during  each  of  the 
three  preceding  production  years  must  report  the  num- 
ber of  trucks,  buses,  and  multipurpose  passenger  ve- 
hicles with  a  GVWR  or  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less 
manufactured  during  the  production  year  for  which  the 
report  is  filed. 

(2)  Production.  Each  manufacturer  shall  report  for 
the  production  year  for  which  the  report  is  filed,  and 
for  each  preceding  production  year,  to  the  extent  that 
trucks,  buses,  and  multipurpose  passenger  vehicles 
produced  during  the  preceding  production  years  are 
treated  under  §  571.208  of  this  chapter  as  having  been 
produced  during  the  production  period  for  which  the 
report  is  filed,  the  information  specified  in  paragraphs 
(b)(2)(i)  through  (b)(2)(iii)  of  this  section,  inclusive,  with 
respect  to  its  trucks,  buses,  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  8,500  pounds  or  less 
and  an  unloaded  vehicle  weight  of  5,500  pounds  or  less. 

(i)  The  number  of  those  vehicles  certified  as  comply- 
ing with  S4.1.2.1  of  Standard  No.  208,  Occupant  Crash 
Protection  (49  CFR  §571.208)  because  they  are 
equipped  with  automatic  seat  belts  and  the  seating 
positions  at  which  those  belts  are  installed; 

(ii)  The  number  of  those  vehicles  certified  as  com- 
plying with  S4. 1.2.1  of  Standard  No.  208,  Occupant 
Crash  Protection  (49  CFR  §  571.208)  because  they  are 
equipped  wath  air  bags  and  the  seating  positions  at 
which  those  air  bags  are  installed;  and 


(iii)  The  number  of  those  vehicles  certified  as  com- 
plying with  S4. 1.2.1  of  Standard  No.  208,  Occupant 
Crash  Protection  (49  CFR  §  571.208)  because  they  are 
equipped  with  other  forms  of  automatic  crash  protec- 
tion, which  forms  of  automatic  crash  protection  shall 
be  described,  and  the  seating  positions  at  which  those 
forms  of  automatic  crash  protection  are  installed. 

(3)  Vehicles  produced  by  more  than  one  manu- 
facturer. Each  manufacturer  whose  reporting  of  infor- 
mation is  affected  by  one  or  more  of  the  express 
written  contracts  permitted  by  section  S4.2.5.6.2  of 
§  571.208  of  this  chapter  shall: 

(i)  Report  the  existence  of  each  such  contract,  includ- 
ing the  names  of  all  parties  to  each  such  contract,  and 
explain  how  the  contract  affects  the  report  being  filed; 
and 

(ii)  Report  the  number  of  vehicles  covered  by  each 
such  contract. 


S6.  Records.  [  Each  manufacturer  shall  maintain 
records  of  the  vehicle  identification  number  and  type 
of  automatic  crash  protection  for  each  vehicle  for  which 
information  was  reported  under  §  585.5(bX2),  until 
December  31,  1999.  (56  F.R.  12472— March  26,  1991. 
Effective:  September  23,  1991)1 


Issued  on  March  20  1991. 


51  F.R.  9801 
March  21,  1986 


56  F.R.  12472 
March  26,  1991 


PART  585-2 


PART  586-SIDE  IMPACT  PHASE-IN  REPORTING  REQUIREMENTS 


§  586.1  Scope.  This  section  establishes  re- 
quirements for  passenger  car  manufacturers  to 
submit  a  report,  and  maintain  records  related  to 
the  report,  concerning  the  number  of  passenger 
cars  manufactured  that  meet  the  dynamic  test  pro- 
cedures and  performance  requirements  of 
Standard  No.  214,  Side  Impact  Protection  (49  CFR 
Part  571.214). 

§  586.2  Purpose.  The  purpose  of  the  reporting 
requirements  is  to  aid  the  National  Highway  Traf- 
fic Safety  Administration  in  determining  whether 
a  passenger  car  manufacturer  has  complied  with 
the  requirements  of  Standard  No.  214  of  this 
Chapter  (49  CFR  571.214)  concerning  dynamic 
test  procedures  and  performance  requirements 
concerning  side  impact  protection. 

§586.3  Applicability.  This  part  applies  to 
manufacturers  of  passenger  cars. 

§  586.4  Definitions,  (a)  All  terms  defined  in  sec- 
tion 102  of  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  (15  U.S.C.  1391)  are  used  in  their 
statutory  meaning. 

(b)  Passenger  car  is  used  as  defined  in  49  CFR 
Part  571.3. 

(c)  Production  year  means  the  12-month-period 
between  September  1  of  one  year  and  August  31  of 
the  following  year,  inclusive. 

§  586.5     Reporting  requirements. 

(a)  General  reporting  requirements.  Within  60 
days  after  the  end  of  each  of  the  production  years 
ending  August  31,  1994,  August  31,  1995,  and 
August  31,  1996,  each  manufacturer  shall  submit  a 
report  to  the  National  Highway  Traffic  Safety  Ad- 
ministration concerning  its  compliance  with  the  re- 
quierments  of  S3(c)  of  Standard  No.  214  for  its 
passenger  cars  produced  in  that  year.  Each  report 
shall- 

(1)  Identify  the  manufacturer. 

(2)  State  the  full  name,  title,  and  address  of 
the  official  responsible  for  preparing  the  report; 

PART 


(3)  Identify  the  production  year  being 
reported  on; 

(4)  Contain  a  statement  regarding  whether  or 
not  the  manufacturer  complied  with  the  dynamic 
testing  and  performance  requirements  of  the 
amended  Standard  No.  214  for  the  period 
covered  by  the  report  and  the  basis  for  that 
statement; 

(5)  Provide  the  information  specified  in 
§  586.5(b),  except  that  this  information  need  not 
be  submitted  with  the  report  due  60  days  after 
August  31,  1994  if  the  manufacturer  chooses  the 
compliance  option  specified  in  S3(d)  of  49  CFR 
571.214; 

(6)  Be  written  in  the  English  language;  and 

(7)  Be  submitted  to:  Administrator,  National 
Highway  Traffic  Safety  Administration,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 

(b)  Report  content— 

(1)  Basis  for  phase-in  production  goals.  Each 
manufacturer  shall  provide  the  number  of 
passenger  cars  manufactured  for  sale  in  the 
United  States  for  each  of  the  three  previous  pro- 
duction years,  or,  at  the  manufacturer's  option, 
for  the  current  production  year.  A  new  manufac- 
turer that  is,  for  the  first  time,  manufacturing 
passenger  cars  for  sale  in  the  United  States  must 
report  the  number  of  passenger  cars  manufac- 
tured during  the  current  production  year. 

(2)  Production. 

Each  manufacturer  shall  report  for  the  produc- 
tion year  being  reported  on,  and  each  preceding 
year,  to  the  extent  that  cars  produced  during  the 
preceding  years  are  treated  under  Standard  No. 
214  as  having  been  produced  during  the  produc- 
tion year  being  reported  on,  information  on  the 
number  of  passenger  cars  that  meet  the  dynamic 
test  procedure  and  performance  requirements  of 
S5  and  S6  of  Standard  No.  214. 

(3)  Passenger  cars  produced  by  more  than  one 
manufacturer. 

Each  manufacturer  whose  reporting  of  infor- 
mation is  affected  by  one  or  more  of  the  express 


586-1 


written    contracts    permitted    by    S8.4.2.    of 
Standard  No.  214  shall: 

(i)  Report  the  existence  of  each  contract,  in- 
cluding the  names  of  all  parties  to  the  contract, 
and  explain  how  the  contract  affects  the  report 
being  submitted. 

(ii)  Report  the  actual  number  of  passenger 
cars  covered  by  each  contract. 

§  586.6     Records. 

Each  manufacturer  shall  maintain  records  of  the 
Vehicle  Identification  Number  for  each  passenger 
car  for  which  information  is  reported  under 
§  586.5(b)(2)  until  December  31,  1998. 


§  586.7    Petition  to  extend  period  to  file  report. 

A  petition  for  extension  of  the  time  to  submit  a 
report  must  be  received  not  later  than  15  days 
before  expiration  of  the  time  stated  in  §  586.5(a). 
The  petition  must  be  submitted  to:  Administrator, 
National  Highway  Traffic  Safety  Administration, 
400  Seventh  Street,  S.W.,  Washington,  D.C. 
20590.  The  filing  of  a  petition  does  not 
automatically  extend  the  time  for  filing  a  report.  A 
petition  will  be  granted  only  if  the  petitioner  shows 
good  cause  for  the  extension  and  if  the  extension  is 
consistent  with  the  public  interest. 

55  F.R.  45768 
October  30, 1990 


PART  586-2 


PART  587— SIDE  IMPACT  MOVING  DEFORMABLE  BARRIER 


§  587.1  Scope.  This  part  describes  the  moving 
deformable  barrier  that  is  to  be  used  for  testing 
compliance  of  motor  vehicles  with  motor  vehicle 
safety  standards. 

§  587.2  Purpose.  The  design  and  performance 
criteria  specified  in  this  part  are  intended  to 
describe  measuring  tools  with  sufficient  precision 
to  give  repetitive  and  correlative  results  under 
similar  test  conditions  and  to  reflect  adequately 
the  protective  performance  of  a  motor  vehicle  or 
item  of  motor  vehicle  equipment  with  respect  to 
human  occupants. 

§  587.3  Applicability.  This  part  does  not  in  itself 
impose  duties  or  liabilities  on  any  person.  It  is  a 
description  of  tools  that  measure  the  performance 
of  occupant  protection  systems  required  by  the 
safety  standards  that  incorporate  it.  It  is  designed 
to  be  referenced  by,  and  become  a  part  of,  the  test 
procedures  specified  in  motor  vehicle  safety 
standards,  such  as  Standard  No.  214,  Side  Impact 
Protection. 

§  587.4  Definitions,  (a)  All  terms  defined  in  sec- 
tion 102  of  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  (15  U.S.C.  1391)  are  used  in  their 
statutory  meaning. 

§  587.5     Incorporated  materials. 

(a)  The  drawings  and  specifications  referred  to 
in  this  regulation  that  are  not  set  forth  in  full  are 
hereby  incorporated  in  this  part  by  reference. 
These  materials  are  thereby  made  part  of  this 
regulation.  The  Director  of  the  Federal  Register 
has  approved  the  materials  incorporated  by 
reference.  For  materials  subject  to  change,  only 
the  specific  version  approved  by  the  Director  of  the 
Federal  Register  and  specified  in  the  regulation 
are  incorporated.  A  notice  of  any  change  will  be 
published  in  the  Federal  Register.  As  a  conve- 
nience to  the  reader,  the  materials  incorporated  by 
reference  are  listed  in  the  Finding  Aid  Table  found 
at  the  end  of  this  volume  of  the  Code  of  Federal 


(b)  The  drawings  and  specifications  incor- 
porated in  this  part  by  reference  are  available  for 
examination  in  the  general  reference  section  of 
Docket  79-04,  Docket  Section,  National  Highway 
Traffic  Safety  Administration,  Room  5109,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 
Copies  may  be  obtained  from  Rowley-Scher 
Reprographics,  Inc.,  1111  14th  Street,  N.W., 
Washington,  D.C.  20005,  telephone  (202)  628-6667 
or  (202)  408-8789.  The  drawings  and  specification 
are  also  on  file  in  the  reference  library  of  the  Office 
of  the  Federal  Register,  National  Archives  and 
Records  Administration,  Washington,  D.C. 

§  587.6    General  description. 

(a)  The  moving  deformable  barrier  consists  of 
component  parts  and  component  assemblies  which 
are  described  in  drawings  and  specifications  that 
are  set  forth  in  this  Part  587.6  of  this  Chapter. 

(b)  The  moving  deformable  barrier  specifica- 
tions are  provided  in  the  drawings  shown  in 
DSL-1278  through  DSL-1287,  except  DSL-1282. 

(1)  The  specifications  for  the  final  assembly  of 
the  moving  deformable  barrier  are  provided  in 
the  drawings  shown  in  DSL-1278. 

(2)  The  specifications  for  the  frame  assemble 
of  the  moving  deformable  barrier  are  provided  in 
the  drawings  shown  in  DSL-1281, 

(3)  The  specifications  for  the  face  of  the  mov- 
ing deformable  barrier  are  provided  in  the  draw- 
ings shown  in  DSL-1285  and  DSL  1286. 

(4)  The  specifications  for  the  ballast  installa- 
tion and  details  concerning  the  ballast  plate  are 
provided  in  drawings  shown  in  DSL- 1279  and 
DSL-1280. 

(5)  The  specifications  for  the  hub  assembly  and 
details  concerning  the  brake  are  provided  in 
drawings  shown  in  DSL-1283. 

(6)  The  specifications  for  the  rear  guide 
assembly  are  provided  in  drawings  shown  in 
DSL-1284. 

(7)  The  specifications  for  the  research  axle 
assembly  are  provided  in  drawings  shown  in 
DSL-1287. 


PART  587-1 


(c)  In  configuration  2  (with  two  cameras  and  (e)  The   moving   deformable   barrier   has   the 
camera  mounts,  a  hght  trap  vane,  and  ballast       following  moment  of  inertia: 

reduced),  the  moving  deformable  barrier,  including  pj^gh    =  1669  ft  -lb  -sec  2 

the  impact  surface,  supporting  structure,  and  car-  RqU      ^   375  ft  -lb  -sec'^ 

riage,  weighs  3,015  pounds,  has  a  track  width  of  74  Yaw     =  1897  ft  -lb  -sec  2 

inches   in   the   crabbed   configuration   when   the 

wheels  are  straight,  and  has  a  wheelbase  of  102  cc  c  d  >.=•»-,« 

inches.  !f  '^•"-  *"^° 

,  „  ,  ,.  October  30,  1990 

(d)  In  configuration  2,  the  moving  deformable 
barrier  has  the  following  center  of  gravity: 

X         =44.2  inches  rear  of  front  axle 

Y         =0.3  inches  left  of  longitudinal  center 

line 
Z  =19.7  inches  from  ground. 


PART  587-2 


bumper  standards  (but  it  does  conform  with  all 
applicable  Federal  Theft  prevention  standards)  but 
the  importer  is  eligible  to  import  it  because  (s)he: 
(IXi)  Is  a  member  of  the  personnel  of  a  foreign 
government  on  assignment  in  the  United  States,  or 
a  member  of  the  Secretariat  of  a  public  international 
organization  so  designated  under  the  International 
Organization  Immunities  Act,  and  within  the  class 
of  persons  for  whom  free  entry  of  motor  vehicles 
has  been  authorized  by  the  Department  of  State: 

(ii)  Is  importing  the  motor  vehicle  on  a  tem- 
porary basis  for  the  personal  use  of  the  importer, 
and  will  register  it  through  the  Office  of  Foreign 
Missions  of  the  Department  of  State; 

(iii)  Will  not  sell  the  vehicle  to  any  person  in 
the  United  States,  other  than  a  person  eligible  to 
import  a  vehicle  under  this  paragraph;  and 

(iv)  Will  obtain  from  the  Office  of  Foreign 
Missions  of  the  Department  of  State,  before  depart- 
ing the  United  States  at  the  conclusion  of  a  tour  of 
duty,  an  ownership  title  to  the  vehicle  good  for 
export  only;  or 

(2)(i)  Is  a  member  of  the  armed  forces  of  a 
foreign  country  on  assignment  in  the  United  States; 

(ii)  Is  importing  the  vehicle  on  a  temporary 
basis,  and  for  the  personal  use  of  the  importer; 

(iii)  Will  not  sell  the  vehicle  to  any  person  in 
the  United  States,  other  than  to  a  person  eligible  to 
import  a  vehicle  under  this  subsection;  and 

(iv)  Will  export  the  vehicle  upon  departing  the 
United  States  at  the  conclusion  of  a  tour  of  duty.  F.R. 
3742— February  5,  1990.  Effective:  February  5,  1990)] 
(iXl)  The  vehicle  was  manufactured  before  January 
1,  1968,  or  if  a  motorcycle,  before  January  1, 1969;  or 
(2)  The  equipment  item  was  manufactured  on  a 
date  when  no  applicable  safety  or  theft  prevention 
standards  were  in  effect. 

(j)  The  vehicle  or  equipment  item  does  not  conform 
with  all  applicable  Federal  motor  vehicle  safety, 
standards,  but  is  being  imported  solely  for  the 
purpose  of: 

(1)  research; 

(2)  investigations; 

(3)  studies; 

(4)  demonstrations  or  training;  or 

[(5)  competitive  racing  events,  and  will  not  be 
licensed  for  use  on  the  public  roads.  (55  F.R. 
3742— February  5, 1990.  Effective:  February  5, 1990)1 

S591.6  Documents  accompanying  declarations. 

Declarations  of  eligibility  for  importation  made 
pursuant  to  paragraph  591.5  must  be  accompanied 
by  the  following  certification  and  documents,  where 
applicable. 


(a)  A  declaration  made  pursuant  to  paragraph 
591.5(a)  shall  be  accompanied  by  a  statement  substan- 
tiating that  the  vehicle  was  not  manufactured  for  use 
on  the  public  roads,  or  that  the  equipment  item  was 
not  manufactured  for  use  on  a  motor  vehicle  or  is  not 
an  item  of  motor  vehicle  equipment. 

(b)  A  declaration  made  pursuant  to  paragraph 
591.5(e)  shall  be  accompanied  by: 

(1)  (For  a  motor  vehicle)  a  document  meeting  the 
requirements  of  S568.4  of  Part  568  of  this  chapter. 

(2)  (For  an  item  of  motor  vehicle  equipment)  a 
written  statement  issued  by  the  manufacturer  of  the 
equipment  item  which  states  the  applicable  Federal 
motor  vehicle  safety  standard(s)  with  which  the 
equipment  item  is  not  in  compliance,  and  which 
describes  the  further  manufacturing  required  for  the 
equipment  item  to  perform  its  intended  function. 

(c)  lA  declaration  made  pursuant  to  section 
591.5(f)  or  section  591.5(g)  shall  be  accompanied  by 
a  bond  in  the  form  shown  in  Annex  A  or  Annex  B 
of  this  Part,  respectively,  in  an  amount  equal  to 
150%  of  the  dutiable  value  of  the  vehicle  for  the  con- 
formance of  the  vehicle  with  all  applicable  Federal 
motor  vehicle  safety  and  bumper  standards,  or,  if 
conformance  with  the  safety  standards  is  not 
achieved,  for  the  dehvery  of  such  vehicle  to  the 
Secretary  of  the  Treasury  for  export  at  no  cost  to 
the  United  States,  or  for  its  abandonment.  (55  F.R. 
3742— February  5, 1990.  Effective:  February  5, 1990.)! 

(d)  A  declaration  made  pursuant  to  S591.5(f)  by  an 
importer  who  is  not  a  Registered  Importer  shall  be 
accompanied  by  a  copy  of  the  contract  or  other  agree- 
ment that  the  importer  has  with  a  Registered 
Importer  to  bring  the  vehicle  into  conformance  with 
all  applicable  Federal  motor  vehicle  safety  standards. 

(e)  A  declaration  made  pursuant  to  S591.5(g)  shall 
be  accompanied  by  certification,  including  appropri- 
ate documentary  proof  that  the  vehicle  for  which 
declaration  is  made  had  been  acquired  by  the 
importer  as  of  October  31,  1988,  or,  if  not  so  ac- 
quired, by  a  copy  of  a  contract  to  acquire  the  vehi- 
cle dated  before  October  31, 1988,  which  was  binding 
upon  the  importer. 

(f)  A  declaration  made  pursuant  to  S591  5(h)  shall 
be  accompanied  by  a  copy  of  the  importer's  official 
orders,  or,  if  a  qualifying  member  of  the  personnel 
of  a  foreign  government  on  assignment  in  the  United 
States,  the  name  of  the  embassy  to  which  the 
importer  is  accredited. 

(g)  A  declaration  made  pursuant  to  S591.5(j)  shall 
be  accompanied  by  a  full  and  complete  statement 
identifying  the  specific  purpose(s)  of  importation, 
describing  the  use  to  be  made  of  the  vehicle  or  equip- 
ment item,  and  stating  the  estimated  period  of  time 


PART  591-3 


necessary  to  use  the  vehicle  or  equipment  item  on 
the  public  roads  if  any,  and  the  disposition  to  be 
made  of  the  vehicle  or  equipment  item  after  com- 
pletion of  the  purpose  for  which  it  was  imported.  If 
the  importer  does  not  intend  to  conform,  export,  or 
destroy  the  vehicle  or  equipment  item  not  later  than 
3  years  after  its  entry,  the  importer  shall  request 
permission  in  writing  from  the  Administrator  for  the 
vehicle  equipment  item  to  remain  in  the  United 
States  for  an  additional  period  of  time,  subject  to 
the  limitations  of  S591.7(c). 

5591.7  Restrictions  on  importations. 

(a)  A  vehicle  or  equipment  item  which  has  entered 
the  United  States  under  a  declaration  made  pur- 
suant to  §  591.5(j),  and  for  which  a  Temporary 
Importation  Bond  has  been  provided  to  the  Secre- 
tary of  the  Treasury,  shall  not  remain  in  the  United 
States  for  a  period  that  exceeds  3  years  from  its  date 
of  entry. 

(b)  A  vehicle  or  equipment  item  which  has  entered 
the  United  States  under  a  declaration  made  pur- 
suant to  §  591.5)j),  and  for  which  duty  has  been  paid, 
shall  not  remain  in  the  United  States  for  a  period 
that  exceeds  5  years  from  its  date  of  entry,  imless 
written  permission  has  been  obtained  from  the 
Administrator,  NHTSA. 

5591.8  Conformance  bond  and  conditions. 

(a)  The  bond  required  imder  section  591.6(c)  for 
importation  of  a  vehicle  not  originally  manufactured 
to  conform  with  aU  apphcable  standards  issued  un- 
der Part  571  and  Part  581  of  this  chapter  shall  cover 
only  one  motor  vehicle,  and  shaU  be  in  an  amoimt 
equal  to  150%  of  the  dutiable  value  of  the  vehicle. 

(b)  The  principal  on  the  bond  shall  be  the  importer 
of  the  vehicle. 

(c)  The  surety  on  the  bond  shall  possess  a  certifi- 
cate of  authority  to  underwrite  Federal  bonds.  (See 
list  of  certificated  sureties  at  54  FR  27800.  June  30, 
1989) 

(d)  In  consideration  of  the  release  from  the  cus- 
tody of  the  U.S.  Customs  Service  or  the  withdravm 
from  a  Customs  bonded  warehouse  into  the  com- 
merce of,  or  for  consumption  in,  the  United  States, 
of  a  motor  vehicle  not  originally  manufactured  to 
conform  to  all  applicable  standards  issued  under 
Part  571  and  Part  581  of  this  chapter,  the  obligors 
(principal  and  surety)  shall  agree  to  the  following 
conditions  of  the  bond: 

(i)  To  have  such  vehicle  brought  into  conformity 
with  all  apphcable  standards  issued  under  Part  571 
and  Part  581  of  this  chapter  within  120  days  after 
the  date  of  entry. 

(iiXl)  In  the  case  of  a  vehicle  imported  pursuant 
to  section  591.5(f),  to  file  (or  if  not  a  Registered 


Importer,  to  cause  the  Registered  Importer  of  the 
vehicle  to  file)  with  the  Administrator,  a  certificate 
that  the  vehicle  complies  with  each  Federal  motor 
vehicle  safety  and  bumper  standard  in  the  year  that 
the  vehicle  was  manufactured  and  which  appUes  in 
such  year  to  the  vehicle;  or 

(2)  In  the  case  of  a  vehicle  imported  pursuant  to 
section  591.5(g),  to  submit  a  true  and  complete  state- 
ment to  the  Administrator,  identifying  the  manufac- 
turer, contractor,  or  other  person  who  has  brought 
the  vehicle  into  conformity,  describing  the  exact  na- 
ture and  extent  of  the  work  performed,  and  certify- 
ing that  the  vehicle  has  been  brought  into  conformity 
with  each  Federal  motor  vehicle  safety  and  bumper 
standard  in  the  year  that  such  vehicle  was  manufac- 
tured and  which  applies  in  such  year  to  the  vehicle. 

(iii)  In  the  case  of  a  Registered  Importer,  not  to 
release  custody  of  the  vehicle  to  any  person  for 
Ucense  or  registration  for  use  on  pubhc  roads, 
streets,  or  highways,  or  license  or  register  the 
vehicle  from  the  date  of  entry  until  30  calendar  days 
after  it  has  certified  compliance  of  the  vehicle  to  the 
Administrator,  unless  the  Administrator  has  noti- 
fied the  principal  before  30  calendar  days  that  (s)he 
has  accepted  such  certification,  and  that  the  vehi- 
cle and  bond  may  be  released,  except  that  the  vehi- 
cle shall  not  be  released  if  the  principal  has  received 
written  notice  from  the  Administrator  that  an  in- 
spection of  the  vehicle  will  be  required,  or  that  there 
is  reason  to  believe  that  such  certification  is  false 
or  contains  a  misrepresentation;  (iv)  In  the  case  of 
a  Registered  Importer,  to  cause  the  vehicle  to  be 
available  for  inspection,  if  the  principal  has  received 
written  notice  from  the  Administrator  that  an 
inspection  is  required. 

(iv)  In  the  case  of  a  Registered  Importer,  to  cause 
the  vehicle  to  be  available  for  inspection,  if  the  prin- 
cipal has  received  written  notice  from  the  Adminis- 
trator that  an  inspection  is  required. 

(v)  In  the  case  of  a  Registered  Importer,  not  to 
release  the  vehicle  until  the  Administrator  is  satis- 
fied with  the  certification  and  any  modification 
thereof,  if  the  principal  has  received  written  notice 
from  the  Administrator  that  there  is  reason  to 
believe  that  the  certificate  is  false  or  contains  a 
misrepresentation. 

(vi)  If  the  principal  has  received  written  notice 
from  the  Administrator  that  the  vehicle  has  been 
found  not  to  comply  with  all  apphcable  Federal 
motor  vehicle  safety  standards,  and  written  demand 
that  the  vehicle  be  abandoned  to  the  United  States, 
or  delivered  to  the  Secretary  of  the  Treasury  for 
export  (at  no  cost  to  the  United  States),  to  abandon 
the  vehicle  to  the  United  States,  or  to  dehver  the 
vehicle,  or  cause  the  vehicle  to  be  delivered  to,  the 


PART  591-4 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  201 
Occupant  Protection  in  Interior  Impact 


(Docket  No.  90-14;  Notice  2) 
RIN:  2127-AD84 


ACTION:    Final  rule. 


SUMMARY:  Vehicle  manufacturers  must  comply  with 
Standard  No.  201  which  specifies  occupant  impact  pro- 
tection requirements  for  interior  vehicle  components 
that  are  Ukely  to  be  struck  by  a  lap-belted  occupant  dur- 
ing a  crash.  Those  components  include  instrument 
panels,  visors  and  armrests.  This  final  rule  alters  the 
impact  protection  requirements  concerning  the  instru- 
ment panel  for  vehicles  with  passenger-side  air  bags. 
Today's  notice  will  encourage  greater  availability  of 
passenger-side  air  bags  and  thus  result  in  a  net  safety 
benefit. 

DATE:  The  amendments  made  by  this  final  rule  to  the 
Code  of  Federal  Regulations  are  effective  June  6,  1991 . 

SUPPLEMENTARY  INFORMATION: 

The  Standard 

Standard  No.  201,  Occupant  Protection  in  Interior 
Impact,  specifies  occupant  impact  protection  require- 
ments for  interior  vehicle  components  likely  to  be 
struck  by  a  lap-belted  occupant  in  a  crash.  Such  com- 
ponents include  instrument  panels,  seat  backs,  sun 
visors,  and  armrests.  In  addition,  the  standard  requires 
that  interior  compartment  doors  (e.g.,  glove  compart- 
ment doors)  remain  closed  during  a  crash. 

To  comply  with  Standard  No.  201 's  impact  require- 
ments, vehicle  manufacturers  install  energy  absorbing 
materials  in  the  portions  of  the  instrument  panel  within 
the  "head  impact  area,"  as  defined  in  49  CFR  571.3. 
The  requirements  specify  that  when  those  portions  are 
impacted  by  a  head  form  at  15  miles  per  hour  (mph), 
the  deceleration  of  the  head  form  must  not  exceed  80g 
continuously  for  more  than  3  milliseconds.  Installation 
of  appropriate  energy  absorbing  materials  in  the  upper 
and  middle  surfaces  of  the  instrument  panel  to  meet 
the  requirement  can  prevent  or  reduce  the  severity  of 
chest  and  head  injuries  resulting  from  contacts  with 
the  panel. 

Petition  for  Rulemaking  and  Reqv£st  for  ComTnents 

NHTSA  received  a  petition  for  rulemaking  from 

Chrysler  Corporation  (Chrysler)  on  August  17,  1988. 


The  petition  requested  an  exclusion  from  the  impact 
protection  requirements  of  Standard  No.  201  for  those 
portions  of  the  instrument  panel  which  are  ahead  of 
front  seat  passengers  who  are  protected  by  air  bag  sys- 
tems which  meet  the  requirements  of  Standard  No. 
208,  Occupant  Crash  Protection.  NHTSA  granted  the 
petition  on  April  26,  1989  and  requested  comment  on 
issues  related  to  the  petition  in  a  pubhshed  in  the  Fed- 
eral Register  on  August  10,  1989  (54  FR  document 
32830). 

NHTSA  received  11  responses  to  its  request  for  com- 
ments. Comments  were  received  from  the  Insurance 
Institute  for  Highway  Safety  (IIHS),  the  Automotive 
Occupant  Restraints  Coimcil,  and  9  motor  vehicle 
manufacturers  or  importers.  No  commenter  opposed 
a  modification  of  Standard  No.  201  to  faciUtate  the  in- 
stallation of  top-mounted,  passenger-side  air  bags. 

Motor  vehicle  manufacturers  commented  that  they 
have  had  problems  complying  with  Standard  No.  201 
when  dealing  with  top-mounted,  passenger-side  air 
bags.  The  primary  problem  apparently  occurs  because, 
in  order  to  optimize  air  bag  deplojmient  with  such  a 
system,  the  air  bag  housing  should  not  be  located  more 
than  1  inch  below  the  instrument  panel  surface.  Yet 
to  meet  the  standard's  head  form  impact  test  at  15 
mph,  the  equivalent  of  about  2  inches  of  energy  absorb- 
ing material  is  needed.  The  "head  impact  areas"  in  the 
instrument  panels  of  some  top-mounted  rear- 
ward-deployment air  bag  systems  have  been  able  to 
meet  the  standard's  requirements,  although  it  has  been 
difficult  to  do  so.  However,  commenters  stated  that, 
with  padding  limited  to  1  inch,  compliance  would  be 
very  difficult,  if  not  impossible,  for  upward  deployment 
systems. 

Manufacturers  identified  a  number  of  benefits  from 
installation  of  top-mounted,  upward-deployment  air 
bags,  instead  of  rearward-deployment  ones.  The  major 
benefit  is  the  reduced  risk  of  injury  to  out-of-position 
occupants  or  standing  children.  Other  advantages  listed 
by  commenters  include  the  following:  the  top  portion 
of  the  instrument  panel  provides  more  space  for  locat- 
ing and  supporting  the  air  bag  module;  the  air  bag  mod- 
ule is  more  remote  from  the  knee  impact  surface  and 
is  thus  less  likely  to  adversely  affect  knee  and  femur 


PART  571;  S201-PRE  13 


loads;  since  the  mass  of  the  air  bag  module  is  closer 
to  the  body  structure,  shorter  and  stiffer  supporting 
members  can  be  used,  resulting  in  a  more  stable  plat- 
form for  deployment;  and  instrument  panel  design  is 
simplified  due  to  reduced  interference  between  the  air 
bag  system  and  the  glove  box. 

In  addition,  a  change  in  Standard  No.  201  to  facili- 
tate installation  of  top-mounted,  upward-deployment 
air  bags  may  increase  the  installation  rate  of  passenger- 
side  air  bags.  In  its  comments,  Ford  Motor  Company 
(Ford)  stated  that  improved  "feasibility  of  a  top- 
mounted,  upward-deployment  supplemental  passenger 
air  bag  system  may  substantially  increase  availability 
of  passenger  air  bags,  particularly  in  compact  and  sub- 
compact  cars,  by  helping  to  reduce  overall  risks  to  out- 
of-position  occupants.  Modification  of  S3.1  of  Standard 
201  would  aid  in  establishing  feasibility  of  the  upward- 
deployment  supplemental  air  bag." 

In  the  request  for  comments,  NHTSA  also  asked 
whether  lap/shoulder  belts  should  be  required  to  be 
provided  for  all  positions  for  which  the  requirements 
of  Standard  No.  201  might  be  relaxed.  No  commenter 
opposed  requiring  lap/shoulder  belts  to  be  provided  for 
the  front  outboard  passenger.  One  commenter  opposed 
such  a  requirement  for  the  middle  passenger  position, 
believing  that  lap/shoulder  belts  would  be  unnecessary 
and  counterproductive  for  that  seating  position. 
NHTSA  did  not  propose  to  require  installation  of 
lap/shoulder  belts  for  the  center  front  seating  position, 
nor  did  it  mean  to  imply  that  the  lap/shoulder  belt  re- 
quirement should  apply  to  this  position. 

Notice  of  Proposed  Rulemaking 

On  July  18,  1990,  after  considering  the  public  com- 
ments and  further  analyzing  the  issues,  NHTSA  pub- 
lished in  the  Federal  Register  a  notice  of  proposed 
rulemaking  (NPRM)  to  amend  Standard  No.  201  to  re- 
lax the  impact  protection  requirements  for  vehicles 
equipped  with  passenger-side  air  bags  (55  FR  29238). 
The  agency  proposed  to  reduce  the  head  form  impact 
velocity  specified  by  Standard  No.  201  from  15  mph 
to  12  mph  for  vehicles  equipped  with  passenger-side 
air  bags.  The  proposal  applied  to  all  vehicles  with 
passenger-side  air  bags,  not  just  those  with  upward 
deployment  air  bags.  The  proposal  also  required  the 
installation  of  lap/shoulder  belts  at  the  right  front  seat- 
ing position  if  the  manufacturer  elects  to  meet  the 
requirements  of  Standard  No.  201  at  the  12  mph  head 
impact  velocity.  In  the  NPRM,  NHTSA  stated  that  it 
believes  that  this  additional  requirement  would  provide 
protection  in  crashes  where  the  air  bag  is  unlikely  to 
deploy.  Examples  of  such  crashes  include  frontal 
crashes  under  12  mph;  crashes  involving  a  car  whose 
air  bag  has  previously  been  deployed,  but  not  replaced, 
rear  crashes  in  which  the  unrestrained  occupant  re- 
bounds from  his  or  her  seat  back  and  strikes  the  in- 
strument panel;  side  crashes;  and  rollover  crashes. 


NHTSA  requested  that  commenters  provide  data  or 
estimates  of  the  possible  greater  safety  benefits  of 
upward-deploying  air  bags  or  other  information  on  how 
such  air  bags  are  preferable.  Because  NHTSA  wanted 
to  ensure  that  the  nilemaking  resulted  in  net  safety 
benefits,  the  agency  also  solicited  comments  on  a  num- 
ber of  issues,  including  the  number  of  passenger-side 
air  bags  that  manufacturers  planned  to  install,  with  and 
without  the  amendment;  means  of  limiting  the  test 
speed  reduction  to  the  areas  of  the  instrument  panel 
necessary  to  accommodate  the  top-mounted  air  bag; 
and  data  on  the  manufacturers'  current  and  projected 
deployment  speed  thresholds  for  air  bags. 

NHTSA  proposed  to  make  the  amendment  effective 
upon  publication  of  the  final  rule  in  the  Federal  Register 
since  the  amendment  would  not  establish  additional  re- 
quirements, but  would  instead  establish  an  alternative 
for  manufacturers  to  choose  at  their  option.  In  addi- 
tion, an  immediate  effective  date  would  allow  motor 
vehicle  manufacturers  the  greatest  flexibility  in  design- 
ing vehicles  with  passenger-side  air  bags. 

NHTSA  received  eight  comments  in  response  to  the 
NPRM.  All  of  these  comments  were  considered  in  con- 
nection with  the  final  rule,  and  the  most  significant  are 
discussed  below. 

Comments  on  the  Proposed  Rule  and  Final  Rule 

All  eight  commenters  expressed  support  for  the 
agency's  proposals.  No  comments  in  opposition  to  the 
proposed  amendments  were  received.  After  reviewing 
the  comments,  NHTSA  has  decided  to  adopt  the 
amendment  in  this  final  rule  without  substantive 
change.  The  agency  revised  the  regulatory  text  of  the 
proposed  amendment  to  improve  consistency  with  the 
wording  of  the  previous  text.  In  accordance  with  the 
proposal,  NHTSA  has  decided  to  reduce  the  head  form 
impact  velocity  specified  for  Standard  No.  201  from 
15  to  12  mph  for  any  vehicle  equipped  with  a  passenger- 
side  air  bag,  not  just  those  with  upward-deployment 
air  bag  systems.  The  agency  has  determined  that  the 
amendment  will  result  in  either  the  increased  use  of 
passenger-side  air  bags,  or  the  earlier  introduction  of 
such  systems.  The  agency  has  also  determined  that  a 
requirement  for  different  portions  of  an  instrument 
panel  to  comply  with  different  impact  speed  require- 
ments might  not  be  practicable  and  could  negate  or 
reduce  the  incentive  for  manufacturers  to  install 
passenger-side  air  bags.  Finally,  NHTSA  determined 
that  the  amendment  will  likely  result  in  a  reduction  in 
the  number  of  serious  injuries  and  fatalities  and  that 
the  amendment  will  have  a  net  positive  safety  impact. 
A  discussion  of  the  responses  to  the  proposed  rule  and 
their  subsequent  consideration  in  the  consideration  in 
the  formulation  of  the  final  rule  follows. 

Upward-Deploying  versus  Rearward  Deploying 
Air  Bags 

Ford,  citing  its  earlier  response,  restated  its  belief 
that  improved  "feasibility  of  a  top-mounted,  upward- 


PART  571;  S201-PRE  14 


deployment  supplemental  passenger  air  bag  system  may 
substantially  increase  availability  of  passenger  air  bags, 
particularly  in  compact  and  subcompact  cars,  by  help- 
ing to  reduce  overall  risks  to  out-of-position  occupants." 
GM  commented  that  it  did  not  have  sufficient  field  data 
to  support  an  argument  that  upward-deploying  air  bags 
are  preferable  to  rearward  deploying  air  bags.  GM's 
analysis,  however,  indicated  that  upward-deploying  air 
bags  may  pose  less  risk  of  injury  to  out-of-position 
occupants  than  rearward-deploying  bags. 

As  stated  above,  the  agency  has  decided  to  reduce 
the  head  form  impact  velocity  specified  for  Standard 
No.  201  from  15  to  12  mph  for  any  vehicle  equipped 
with  a  passenger-side  air  bag,  not  just  those  with 
upward-deployment  systems.  By  not  limiting  the  type 
of  air  bag  system  that  must  be  used,  this  final  rule  is 
intended  to  result  in  the  introduction  of  more  effective 
air  bag  designs.  In  addition,  the  final  rule  is  intended 
to  provide  an  incentive  for  the  increased  use  of 
passenger-side  air  bag  systems. 

Effect  of  Proposed  Amendment  on  Manufacturers' 
Plans  to  Introduce  Passenger-Side  Air  Bags 

Chrysler  stated  in  its  comment  that  although  the 
amendment  will  not  increase  the  number  of  its 
passenger-side  air  bag  installations,  the  effect  of  the 
amendment  would  be  to  reduce  its  passenger-side  air 
bag  system  development  time.  Chrysler  also  stated 
that,  without  the  amendment,  air  bag  development 
might  have  to  be  delayed  or  cancelled.  Ford  commented 
that  lowering  the  impact  test  speed  would  encourage 
Ford  to  "consider  extensive  usage  of  the  top-mounted, 
upward-deploying  passenger  supplemental  air  bag." 
General  Motors  Corporation  (GM)  stated  that  it  was 
unable  to  provide  information  on  the  effect  of  the 
amendment  on  the  introduction  of  passenger-side  air 
bags.  GM  did  say,  however,  that  tests  of  its  air  bag  sys- 
tems that  are  under  development  indicate  that  those 
systems  will  have  "serious  difficulty"  in  meeting  the 
current  test  requirements.  Nissan  Motor  Co.,  Ltd. 
(Nissan)  commented  that  it  does  not  intend  immedi- 
ately to  alter  its  plan  for  installing  passenger-side  air 
bags.  Nissan  did,  however,  believe  that  the  amend- 
ment, as  proposed,  would  encourage  manufacturers  to 
offer  passenger-side  air  bags  "by  the  earliest  dates." 

All  of  the  commenters  who  submitted  responses  to 
this  request  stated  or  implied  that  this  final  rule  will 
result  in  either  increased  use  of  air  bags  or,  at  the  very 
least,  use  of  the  same  number  of  air  bags  as  previously 
planned  but  at  an  earlier  introduction  date.  By  either 
measure,  there  will  be  a  net  safety  benefit  from  this 
final  rule.  As  discussed  in  the  NPRM,  although  there 
are  not  yet  enough  crash  data  to  evaluate  conclusively 
the  extent  of  the  real-world  effectiveness  of  various 
automatic  restraint  systems,  the  agency  believes  that 
the  installation  of  air  bags  has  greater  potential  for 
total  safety  benefits  compared  to  automatic  safety  belts 
because  air  bags  provide  supplemental  protection  in  ad- 
dition to  the  basic  protection  of  a  safety  belt  system. 


Means  of  Limiting  the  Test  Speed  Reduction  to  Only 
Those  Areas  on  the  Instrument  Panel  Necessary  to 
Accommodate  the  Top-Mounted  Air  Bag. 

Ford  stated  that  the  reduced  impact  speed  criteria 
should  be  uniformly  applied  to  all  areas  of  the  instru- 
ment panel  affected  by  Standard  No.  201.  Ford  as- 
serted that  having  a  "two-level  criteria"  would  "impose 
considerable  added  design,  testing,  manufacturing,  and 
quality  control  complexity  on  vehicle  manufacturers." 
Finally,  Ford  stated  that  if  the  agency  were  to  limit 
the  areas  covered  by  the  test  speed  reduction,  the  area 
should  be  "the  instrument  panel  between  a  vertical 
longitudinal  plane  positioned  3.25  inches  inboard  of  the 
air  bag  module's  inboard  extremity  and  a  vertical 
longitudinal  plane  located  3.25  inches  outboard  of  the 
air  bag  module's  outboard  extremity."  GM  commented 
that  it  knew  of  no  way  to  create  a  uniform  specifica- 
tion to  limit  the  12  mph  test  area  that  would  not  also 
restrict  air  bag  design.  The  area  affected  by  an  air  bag 
installation,  GM  said,  is  vehicle-specific  and  is  the  result 
of  several  factors.  Those  factors  include  occupant  com- 
partment geometry,  module  design,  configuration  of 
the  instrument  panel,  and  the  required  module  support- 
ing structure.  Chrysler  commented  that  it  could  limit 
the  area  affected  by  the  test  speed  reduction  to  the  air 
bag  cover  or  door  itself  and  an  area  three  inches  from 
any  point  of  the  cover  or  door.  Nissan  commented  in 
favor  of  application  of  the  reduced  test  speed  to  all  por- 
tions of  the  instrument  panel  that  are  within  the  head 
impact  area.  Nissan  also  believes  that  the  area  affected 
by  installation  of  a  passenger-side  air  bag  would  depend 
on  numerous  vehicle-specific  factors.  Even  assuming 
that  the  specific  area  to  be  affected  could  be  defined, 
Nissan  argued  that  having  two  different  requirements 
would  complicate  instrument  panel  design  and  manu- 
facturing processes. 

The  agency  has  decided  not  to  limit  the  test  speed 
reduction  to  only  those  areas  on  the  instrument  panel 
necessary  to  accommodate  the  top-mounted  air  bag. 
With  only  one  exception,  all  commenters  who  responded 
to  this  request  for  conunents  stressed  the  difficulties  of 
limiting  the  area  for  use  of  a  reduced  test  speed.  The 
areas  affected  by  an  air  bag  installation  will  be  differ- 
ent for  different  manufacturers  and  for  different  models 
produced  by  the  same  manufacturer.  Those  areas  are 
not  capable  of  being  delineated  by  a  simple  definition. 
Finally,  design  of  the  instrument  panels  to  comply  with 
different  impact  speed  requirements  might  not  be  prac- 
ticable and  could  negate  or  reduce  the  incentive  for 
manufacturers  to  install  passenger-side  air  bags. 

Current  and  projected  deployment  speed  thresholds 
for  air  bags. 

Ford  commented  that  it  does  not  perform  tests  to 
determine  the  exact  air  bag  deployment  speed.  It  does, 
however,  perform  tests  to  ensure  that  no  air  bags 
deploy  at  speeds  below  8  mph  and  that  all  air  bags 
deploy  by  14  mph,  barrier  equivalent  velocity  (BEV). 
Ford  believes  that  there  is  a  trend  by  manufacturers 


PART  571;  S201-PRE  15 


to  use  higher  deployment  speeds  in  order  to  reduce 
repair  costs  in  minor  accidents.  Repair  costs  are  in- 
creased if  a  vehicle's  air  bag  system  has  to  be  replaced 
or  repaired  after  an  accident.  If  new  technologies 
lowered  repair  costs  associated  with  air  bag  systems, 
Ford  asserted,  manufacturers  would  be  able  to  lower 
deployment  speeds.  On  the  other  hand,  if  a  particular 
passenger-side  air  bag  deployment  design  caused 
damage  to  the  instrument  panel  when  it  deployed,  the 
manufacturer  may  raise  deployment  speeds  in  order 
to  reduce  repair  costs.  GM  stated  that  the  BE  V  for  air 
bag  deployment  is  vehicle-specific  and  depends  on  a 
number  of  factors,  including  crash  pulse  and  interior 
compartment  design.  However,  GM  said  that  a 
"0-degree  barrier  equivalent  speed  of  approximately 
12-14  mph  appears  to  be  the  predominant  desired 
deplojmnent  threshold"  for  passenger-side  air  bags  cur- 
rently under  development.  Nissan  has  set  the  deploy- 
ment speed  threshold  for  its  air  bag  systems  at  12  mph, 
for  a  head-on  collision  into  a  fixed  barrier. 

Based  on  the  comments  that  were  received,  it  ap- 
pears that  the  amendments  to  the  test  speed  contained 
in  this  final  rule  should  ensure  that  instrument  panels 
maintain  sufficient  energy-absorbing  capabilities,  by 
meeting  the  80g  requirements,  at  all  speeds  below  that 
at  which  most  air  bags  deploy.  The  agency  has  reexa- 
mined its  previous  crash  testing  data  to  determine  how 
a  vehicle's  BEV  is  related  to  the  velocity  at  which  an 
occupant  impacts  the  interior  of  the  vehicle.  The  Stand- 
ard No.  201  head  impact  test,  run  at  an  occupant  im- 
pact speed  of  15  mph,  is  designed  to  provide  a 
measurement  of  such  interior  impact  forces.  Occupant 
impact  velocity  is  dependent  upon  many  factors,  includ- 
ing: the  friction  between  the  occupant  and  the  seat, 
crash  speed,  crash  pulse  and  duration,  occupant  size, 
distance  from  the  occupant  to  the  object  struck,  and 
the  effect  of  restraint  systems.  From  these  data,  the 
agency  has  determined  that  an  occupant  typically  im- 
pacts the  vehicle  interior  at  a  velocity  that  is  90  per- 
cent of  the  vehicle's  BEV.  Thus,  given  that  a  14  mph 
BEV  is  the  highest  air  bag  deployment  speed  reported 
by  the  commenters,  the  speed  at  which  the  head  im- 
pact test  would  have  to  be  run  to  assure  that  occupants 
are  protected  by  the  instrument  panel  at  all  speeds 
below  which  the  air  bag  would  deploy  is  12.6  mph  (90% 
of  14  mph).  Given  this  information,  the  agency  has  de- 
termined that  there  is  no  justification  for  a  reduction 
in  the  test  speed  below  12  mph. 

A  reduction  in  the  test  speed  from  15  mph  to  12  mph 
may  produce  some  increase  in  minor-to-moderate  in- 
juries in  low-speed  vehicle  crashes.  On  the  other  hand, 
greater  use  of  passenger-side  air  bags  will  likely  result 
in  a  reduction  in  the  number  of  serious  injuries  and 
fatalities.  The  agency  believes  that  this  reduction  will 
outweigh  any  potential  increase  in  less  serious  injuries 
that  could  result  from  a  reduction  in  the  test  speed, 
and  that  this  final  rule  will  have  a  net  positive  safety 
impact.  


Requirement  for  Lap/Shoulder  Belts  at  the  Right 
Front  Seating  Position 

No  comments  were  received  in  opposition  to  this  pro- 
posal. The  agency  has  determined  that  lap/shoulder  belts 
provide  an  important  supplement  to  air  bag  systems,  es- 
pecially in  accidents  involving  rear  impacts  or  rollovers. 
Therefore,  the  amendment  is  adopted  as  proposed. 

Miscellaneous  Comment 

Volkswagen  of  America,  Inc.  (Volkswagen)  asked 
that  the  language  of  the  proposed  amendment  to  S3.1 
of  Standard  No.  201  be  revised  in  order  to  be  consis- 
tent with  the  current  wording.  Volkswagen  asked  that 
the  words  "that  area  of  any  frontal  interior  surface" 
be  revised  to  read  "that  area  of  the  instrument  panel." 

The  agency  has  revised  the  wording  of  the  amend- 
ment in  response  to  this  request.  NHTSA  defines  the 
scope  of  the  test  impact  area  to  include  that  portion 
of  the  instrument  panel  that  Ues  within  the  head  im- 
pact area  as  defined  by  49  CFR  §571.3. 

Effective  Date 

NHTSA  proposed  to  make  the  amendment  effective 
upon  publication  of  the  final  rule  in  the  Federal  Register 
since  the  amendment  would  not  establish  additional  re- 
quirements, but  would  instead  establish  an  alternative 
for  manufacturers  to  choose  at  their  option.  In  addition, 
an  immediate  effective  date  would  allow  motor  vehicle 
manufacturers  the  greatest  flexibihty  in  designing 
vehicles  with  passenger-side  air  bags.  No  commenter 
objected  to  the  proposed  effective  date.  NHTSA  has 
determined  that  good  cause  exists  to  make  the  amend- 
ment effective  immediately  upon  its  pubUcation. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  Section  571.201  is  amended  by  revising  S3.1  to 
read  as  follows: 

S3.1  Instrument  panels.  Except  as  provided  in 
S3.1.1.  when  that  area  of  the  instrument  panel  that  is 
within  the  head  impact  area  is  impacted  in  accordance 
with  S3. 1.2  by  a  15-pound,  6.5-inch  diameter  head  form 
at- 

(a)  A  relative  velocity  of  15  miles  per  hour  for  all 
vehicles  except  those  specified  in  paragraph  (b)  of  this 
section, 

(b)  A  relative  velocity  of  12  miles  per  hour  for  vehi- 
cles that  meet  the  occupant  crash  protection  require- 
ments of  S5.1  of  49  CFR  571.208  by  means  of  inflatable 
restraint  systems  and  meet  the  requirements  of 
S4.1.2.1(cX2)  of  49  CFR  571.208  by  means  of  a  Type 
2  seat  belt  assembly  at  the  right  front  designated  seat- 
ing position,  the  deceleration  of  the  head  form  shall  not 
exceed  80g  continuously  for  more  than  3  milliseconds. 


Issued  on  May  31,  1991. 


56  F.R.  26036 
June  6,  1991 


PART  571;  S201-PRE  16 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  201 
Occupant  Protection  in  Interior  Impact— Passenger  Cars 


51.  Purpose  and  scope.  This  standard 
specifies  requirements  to  afford  impact  protection 
for  occupants. 

52.  Application.  This  standard  applies  to 
passenger  cars  and  to  multipurpose  passenger 
vehicles,  trucks  and  buses  with  a  GVWR  of  10,000 
pounds  or  less. 

53.  Requirements  for  passenger  cars  and  for 
trucl(s,  buses  and  multipurpose  passenger  vehicles 
with  a  GVWR  of  10,000  pounds  or  less  manufactured 
on  or  after  September  1, 1981. 

S3.1  Instrument  panels.  [Except  as  provided 
in  S3. 1.1,  when  that  area  of  the  instrument  panel 
that  is  within  the  head  Impact  area  is  impacted  in 
accordance  with  S3.1.2  by  a  15  pound,  6.5  inch 
diameter  head  form  at— 

(a)  A  relative  velocity  of  15  mUes  per  hour  for  all 
vehicles  except  those  specified  in  paragraph  (b)  of 
this  section, 

(b)  A  relative  velocity  of  12  miles  per  hour  for 
vehicles  that  meet  the  occupant  crash  protection 
requirements  of  S5.1  of  49  CFR  571.208  by  means 
of  inflatable  restraint  systems  and  meet  the  re- 
quirements of  S4.1.2.1(cX2)  of  49  CFR  571.208  by 
means  of  a  Type  2  seat  belt  assembly  at  the  right 
front  designated  seating  position,  the  deceleration 
of  the  head  form  shall  not  exceed  80g  continuously 
for  more  than  3  milliseconds.  (56  F.R.  26036— June 
6,  1991.  Effective:  June  6,  19911 

S3.1.1  The  requirements  of  S3.1  do  not  apply 
to- 

(a)  Console  assembUes; 

(b)  Areas  less  than  5  inches  inboard  from  the 
junctiu"e  of  the  instrument  panel  attachment  to  the 
body  side  inner  structure; 

(c)  Areas  closer  to  the  windshield  juncture  than 
those  statically  contactable  by  the  head  form  with 
the  windshield  in  place; 

(d)  Areas  outboard  of  any  point  of  tangency  on 
the  instrument  panel  of  a  6.5  inch  diameter  head 
form  tangent  to  and  inboard  of  a  vertical  longi- 
tudinal plane  tangent  to  the  inboard  edge  of  the 
steering  wheel;  or 


(e)  Areas  below  any  point  at  which  a  vertical  line 
is  tangent  to  the  rearmost  surface  of  the  panel. 

S3.1.2  Demonstration  procedures.  Tests  shall  be 
performed  as  described  in  Society  of  Automotive 
Engineers  Recommended  Practice  J921,  "Instru- 
ment Panel  Laboratory  Impact  Test  Procedure," 
June  1965,  using  the  specified  instrumentation  or 
instrumentation  that  meets  the  performance  re- 
quirements specified  in  Society  of  Automotive 
Engineers  Recommended  Practice  J977,  "In- 
strumentation for  Laboratory  Impact  Tests," 
November  1966,  except  that— 

(a)  The  origin  of  the  line  tangent  to  the  instru- 
ment panel  surface  shall  be  a  point  on  a  transverse 
horizontal  line  through  a  point  5  inches  horizontally 
forward  of  the  seating  reference  point  of  the  front 
outboard  passenger  designated  seating  position, 
displaced  vertically  an  amoimt  equal  to  the  rise 
which  results  from  a  5  inch  forward  adjustment  of 
the  seat  or  0.75  inches;  and 

(b)  Direction  of  impact  shall  be  either— 

(1)  In  a  vertical  plane  parallel  to  the  vehicle 
longitudinal  axis;  or 

(2)  In  a  plane  normal  to  the  surface  at  the 
point  of  contact. 

S3.2  Seat  Backs.  Except  as  provided  in 
S3.2.1,  when  that  area  of  the  seat  back  that  is 
within  the  head  impact  area  is  impacted  in 
accordance  with  S3.2.2  by  a  15  pound,  6.5  inch 
diameter  head  form  at  a  relative  velocity  of  15 
mUes  per  hour,  the  deceleration  of  the  head  form 
shall  not  exceed  80g  continuously  for  more  than  3 
milliseconds. 

S3.2.1  The  requirements  of  S3.2  do  not  apply  to 
seats  installed  in  school  buses  which  comply  with 
the  requirements  of  Standard  No.  222,  "School 
Bus  Passenger  Seating  and  Occupant  Protection" 
(49  CFR  571.222)  or  to  rearmost,  side-facing,  back- 
to-back,  folding  auxiliary  jump,  and  temporary 
seats. 


(Rev.  6/6/91) 


PART  571;  S  201-1 


S3.2.2  Demonstration  procedures.  Tests  shall 
be  performed  as  described  in  Society  of 
Automotive  Engineers  Recommended  Practice 
J921,  "Instrument  Panel  Laboratory  Impact  Test 
Procedure,"  June  1965,  using  the  specified 
instrumentation  or  instrumentation  that  meets  the 
performance  requirements  specified  in  Society  of 
Automotive  Engineers  Recommended  Practice 
J977,  "Instrumentation  for  Laboratory  Impact 
Tests,"  November  1966,  except  that— 

(a)  The  origin  of  the  line  tangent  to  the  upper- 
most seat  back  frame  component  shall  be  a  point 
on  a  transverse  horizontal  line  through  the  seating 
reference  point  of  the  right  rear  designated 
seating  position,  with  adjustable  forward  seats  in 
their  rearmost  design  driving  position  and 
reclinable  forward  seat  backs  in  their  nominal 
design  driving  position; 

(b)  The  direction  of  impact  shall  be  either— 

(1)  In  a  vertical  plane  parallel  to  the  vehicle 
longitudinal  axis;  or 

(2)  In  a  plane  normal  to  the  surface  at  the 
point  of  contact; 

(c)  For  seats  without  head  restraints  installed, 
tests  shall  be  performed  for  each  individual  split  or 
bucket  seats  back  at  points  within  4.0  inches  left 
and  right  of  its  centerline,  and  for  each  bench  seat 
back  between  points  4.0  inches  outboard  of  the 
centerline  of  each  outboard  designated  seating 
position; 

(d)  For  seats  having  head  restraints  installed, 
each  test  shall  be  conducted  with  the  head 
restraint  in  place  at  its  lowest  adjusted  position,  at 
a  point  on  the  head  restraint  centerline;  and 

(e)  For  a  seat  that  is  installed  in  more  than  one 
body  style,  tests  conducted  at  the  fore  and  aft 
extremes  identified  by  application  of  subparagraph 
(a)  shall  be  deemed  to  have  demonstrated  all 
intermediate  conditions. 

S3.3  Interior  compartment  doors.  Each  interior 
compartment  door  assembly  located  in  an  instru- 
ment panel,  console  assembly,  seat  back,  or  side 
panel  adjacent  to  a  designated  seating  position 
shall  remain  closed  when  tested  in  accordance  with 
either  S3.31(a)  and  S3.3.1(b)  or  S3.3.1(a)  and 
S3. 3. 1(c).  Additionally,  any  interior  compartment 
door  located  in  an  instrument  panel  or  seat  back 
shall  remain  closed  when  the  instrument  panel  or 
seat  back  is  tested  in  accordance  with  S3.1  and 
S3. 2.  All  interior  compartment  door  assemblies 
with  a  locking  device  must  be  tested  with  the 
locking  device  in  an  unlocked  position. 


S3.3.1     Demonstration  procedures. 

(a)  Subject  the  interior  compartment  door  latch 
system  to  an  inertia  load  of  lOg  in  a  horizontal 
transverse  direction  and  an  inertia  load  of  lOg  in  a 
vertical  direction  in  accordance  with  the  procedure 
described  in  section  5  of  SAE  Recommended 
Pactice  J839b,  "Passenger  Car  Side  Door  Latch 
Systems,"  May  1965,  or  an  approved  equivalent. 

(b)  Impact  the  vehicle  perpendicularly  into  a  fixed 
collision  barrier  at  a  forward  longitudinal  velocity  of 
30  miles  per  hour. 

(c)  Subject  the  interior  compartment  door  latch 
system  to  a  horizontal  inertia  load  of  30g  in  a 
longitudinal  direction  in  accordance  with  the  pro- 
cedure described  in  section  5  of  SAE  Recommended 
Practice  J839b,  "Passenger  Car  Side  Door  Latch 
Systems,"  May  1965  or  an  approved  equivalent. 

53.4  Sun  visors. 

53.4.1  A  sun  visor  that  is  constructed  of  or 
covered  with  energy-absorbing  material  shall  be 
provided  for  each  front  outboard  designated 
seating  position. 

53.4.2  Each  sun  visor  mounting  shall  present 
no  rigid  material  edge  radius  of  less  than  0.125 
inch  that  is  statically  contactable  by  a  spherical  6.5 
inch  diameter  head  form. 

53.5  Armrests. 

53.5.1  General.  Each  installed  armrest  shall 
conform  to  at  least  one  of  the  following: 

(a)  It  shall  be  constructed  with  energyabsorbing 
material  and  shall  deflect  or  collapse  laterally  at 
least  2  inches  without  permitting  contact  with  any 
underlying  rigid  material. 

(b)  It  shall  be  constructed  with  energy-absorbing 
material  that  deflects  or  collapses  to  within  1.25 
inches  of  a  rigid  test  panel  surface  without  permit- 
ting contact  with  any  rigid  material.  Any  rigid 
material  between  0.5  and  1.25  inches  from  the  panel 
surface  shall  have  a  minimum  vertical  height  of  not 
less  than  1  inch. 

(c)  Along  not  less  than  2  continuous  inches  of  its 
length,  the  armrest  shall,  when  measured  vertically 
in  side  elevation,  provide  at  least  2  inches  of 
coverage  within  the  pelvic  impact  area. 

53.5.2  Folding  armrests.  Each  armrest  that 
folds  into  the  seat  back  or  between  two  seat  backs 
shall  either— 

(a)  Meet  the  requirement  of  S3.5.1;  or 

(b)  Be  constructed  of  or  covered  with  energy- 
absorbing  material. 

33  F.R.  15794 
October  25,  1968 


PART  571;  S  201-2 


FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  214 
Side  Impact  Protection 

Docket  No.  88-06;  Notice  8 
RIN  2127-AB86 


ACTION:  Final  rule. 


SUMMARY:  This  notice  amends  Standard  No.  214, 
Side  Door  Strength,  to  upgrade  its  test  procedures 
and  performance  requirements  for  passenger  cars. 
For  many  years,  the  standard  has  measured  perform- 
ance statically  in  terms  of  the  ability  of  each  door  to 
resist  a  piston  pressing  a  rigid  steel  cylinder  inward 
against  the  door.  These  amendments  require  in 
addition  that  each  passenger  car  must  protect  its 
occupants  in  a  full-scale  dynamic  crash  test  in  which 
the  car  is  struck  on  either  side  by  a  moving  deform- 
able  barrier  simulating  another  vehicle.  Instru- 
mented test  dummies  are  positioned  in  the  target 
car  to  measure  the  potential  for  injuries  to  an 
occupant's  thorax  and  pelvis. 

Two  alternative  compliance  schedules  are  estab- 
lished, the  choice  of  which  is  at  the  option  of  the 
manufacturer.  Under  one,  the  requirement  will  be 
phased-in  by  an  annually  increasing  percentage  of 
each  manufacturer's  production  over  a  three-year 
period  beginning  on  September  1,  1993,  with  full 
implementation  effective  September  1,  1996.  Under 
the  other,  no  compliance  will  be  required  during  the 
production  year  beginning  September  1,  1993,  but 
full  implementation  will  be  required  effective  Sep- 
tember 1,  1994.  In  separate  notices  in  today's  Fed- 
eral Register,  the  agency  is  establishing  specifica- 
tions for  the  new  side  impact  test  dummy  and 
moving  deformable  barrier,  as  well  as  reporting 
requirements  related  to  compliance  with  the  phase- 
in  of  the  new  side  impact  requirements. 

EFFECTIVE  DATE:  The  amendments  made  by  this 
rule  to  the  text  of  the  Code  of  Federal  Regulations 
are  effective  NOVEMBER  29,  1990. 


Percent  compliance  required  during  production 

Year  Beginning 

9/1/93  9/1/94  9/1/95  9/1/96 
Schedule  one  10%  25%  40%  100% 
Schedule  two         0%        100% 


VI. 


SUPPLEMENTARY  INFORMATION: 

Icible  of  Contents 

I.  Background 

II.  Public    Comments    on    the    January    1988 
NPRM 

III.  Summary  of  the  Final  Rule 

IV.  The  Safety  Problem 

A.  Fatalities 

B.  Injuries 

V.  Performance  Requirements 

A.  Thorax 

1.  TTI(d)  Performance  Criterion 

2.  Estimated  Benefits  of  the  TTI(d)  Per- 
formance Criterion 

3.  Alternative  Thoracic  Injury  Criteria 

B.  Pelvis 

C.  Prohibiting  Door  Openings 

D.  Comments  on  Benefits  Analysis 
Test  Procedure 

A.  Speed,  Angle  and  Point  of  Impact 

B.  Alternative  Composite  Test  Procedure 

C.  Dummy   Seating  Procedure  and  Use  of 
Safety  Belts 

D.  Variability 

1.  Front  Seat  Variability 

2.  Rear  Seat  Variability 

E.  Test  Surface 
International  Harmonization 
Feasibility  of  "Countermeasures" 
Estimate  of  Portion  of  the  Vehicle  Fleet  Need- 
ing Improvement  to  Achieve  Compliance 
Costs 

Consumer  Reaction  to  Side  Door  Padding 
Selection  of  TTI(d)  and  Pelvic  Acceleration 
Limits 

Inclusion  of  Rear  Seat  Performance  Require- 
ments 

Leadtime/Phase-in 

Retention  of  Related  Requirements  in  Stan- 
dard No.  214  and  Other  Standards 
Limitation  on  Intrusion 
Stretch  Limousines 


VII. 
VIII. 
IX. 

X. 
XL 
XII. 

XIII. 

XIV. 
XV. 


XVI. 
XVII. 


PART  571;  S214-PRE  9 


XVIII.  Regulatory  Impacts 

A.  Executive  Order  12291 

B.  Regulatory  Flexibility  Act 

C.  Environmental  Effects 

D.  Impact  on  Federalism 

I.  Background 

NHTSA's  current  standard  for  side  impact  protec- 
tion is  Federal  Motor  Vehicle  Safety  Standard  No. 
214,  Side  Door  Strength  (49  CFR  571.214).  The 
standard  specifies  performance  requirements  for 
each  side  door  in  a  passenger  car,  to  mitigate  occu- 
pant injuries  in  side  impacts  by  reducing  the  extent 
to  which  the  side  structure  of  a  car  is  pushed  into  the 
passenger  compartment  during  a  side  impact.  The 
standard  requires  each  door  to  resist  crush  forces 
that  are  applied  by  a  piston  pressing  a  steel  cylinder 
inward  against  the  door's  outside  surface  in  a  labo- 
ratory test.  The  standard  does  not  attempt  to  regu- 
late directly  the  level  of  crash  forces  on  an  occupant 
who  strikes  or  is  struck  by  the  car's  interior  during 
a  side  impact  crash.  Since  the  standard  became 
effective  on  January  1,  1973,  vehicle  manufacturers 
have  generally  chosen  to  meet  its  performance  re- 
quirements by  reinforcing  the  side  doors  with  metal 
beams. 

NHTSA's  analysis  of  real-world  crash  data  has 
shown  that  the  strengthening  of  the  side  doors  with 
metal  beams  is  indeed  effective,  but  primarily  in 
single  car  side  impacts.  The  agency's  November 
1982  study,  "An  Evaluation  of  Side  Structure  Im- 
provements in  Response  to  Federal  Motor  Vehicle 
Safety  Standard  214"  (DOT  HS  806-314),  estimated 
that  480  lives  have  been  saved  and  9,500  fewer 
hospitalizations  have  occurred  per  year  as  a  result  of 
the  standard.  The  study  also  found  that  while  single 
vehicle  occupant  fatalities  were  reduced  by  14  per- 
cent, the  standard  had  little  effect  on  reducing 
fatalities  in  multi-car  collisions. 

Because  of  the  large  number  of  fatalities  and 
injuries  which  continue  to  result  from  side  impact 
crashes,  the  agency  initiated  a  research  program  to 
upgrade  the  current  standard.  This  effort  focused 
primarily  on  thoracic  protection,  since  data  indicate 
that  contact  between  the  thorax  and  the  side  interior 
is  a  major  source  of  serious  injuries  and  fatalities. 

The  agency  has  conducted  research  on  improved 
side  impact  protection  since  the  late  1970's.  Much 
information  has  been  acquired  not  only  from  agency 
research  but  also  from  industry  and  research  groups 
throughout  the  world.  The  agency  has  presented  its 
findings  and  has  communicated  with  groups  in  nu- 
merous meetings  and  conferences  such  as  Society  for 
Automotive  Engineers  (SAE),  Stapp  Car  Crash  Con- 
ferences, Experimental  Safety  Vehicle  Conferences 
(ESV),  International  Research  Council  on  Biokinet- 
ics   of  Impacts  (IRCOBI),   and  NHTSA   sponsored 


public  meetings  (1979  and  1986).  NHTSA  has  sought 
to  address  pertinent  aspects  of  the  side  impact 
protection  issue,  which  cover  the  test  procedure,  side 
impact  dummy,  injury  criteria,  and  characteristics  of 
those  crashes  as  they  occur  in  the  real  world. 

Based  on  that  research,  on  January  27,  1988, 
NHTSA  published  in  the  Federal  Register  (53  FR 
2240),  a  notice  of  proposed  rulemaking  (NPRM)  to 
upgrade  the  standard  by  using  a  test  procedure 
which  simulates  a  two-vehicle  side  crash  represen- 
tative of  an  injurious  side  crash.  The  proposed  test 
uses  a  moving  deformable  barrier  (MDB),  weighing 
approximately  3,000  pounds,  to  represent  a  vehicle 
which  is  traveling  at  30  mph  and  strikes  the  side  of 
another  vehicle  which  is  traveling  at  15  mph.  To 
measure  the  magnitude  of  the  threat  of  injury  re- 
sulting from  the  side  impact  collision,  the  agency 
proposed  to  use  a  specially  developed  side  impact 
dummy  (SID).  NHTSA  proposed  to  use  two  of  these 
dummies  in  a  test,  with  one  being  placed  on  the 
front  outboard  seat  and  the  other  on  the  rear  out- 
board seat,  on  the  struck  side  of  the  car.  The  agency 
proposed  specifications  for  the  SID  in  a  separate 
NPRM  issued  at  the  same  time  as  the  NPRM  to 
upgrade  Standard  No.  214  (53  FR  2254). 

NHTSA  stated  that  its  side  impact  proposal  would 
complement  the  existing  standard,  which  is  prima- 
rily effective  in  single  vehicle  side  impact  accidents, 
by  providing  additional  protection  in  multi-vehicle 
side  impacts.  As  indicated  above,  the  existing  stan- 
dard does  not  directly  assess  the  injury  probabilities 
associated  with  different  vehicle  designs  in  a  specific 
impact,  but  instead  uses  the  ability  of  the  side  doors 
to  resist  intrusion  as  a  surrogate  measure  of  the 
potential  for  injury. 

In  the  NPRM,  the  agency  proposed  to  establish 
specific  performance  criteria  which  must  be  met  to 
reduce  the  possibility  of  thoracic  side  impact  injuries 
without  increasing  harm  to  the  pelvis.  The  notice 
proposed  to  require  passenger  cars  not  to  exceed 
specified  performance  limits  for  the  thorax  and  the 
pelvis.  For  the  thorax,  the  proposed  performance 
limit  used  an  injury  criterion  known  as  the  Thoracic 
Trauma  Index  (dummy)  or  TTI(d).  This  injury  crite- 
rion represents  the  average  of  peak  acceleration 
values  measured  on  the  lower  spine  and  the  greater 
of  the  acceleration  values  of  the  upper  and  lower  ribs 
of  the  test  dummy.  NHTSA  requested  comments  on 
the  appropriateness  of  setting  a  TTI(d)  limit  ranging 
from  80  to  115  g's  (where  "g"  is  defined  as  the 
acceleration  due  to  gravity).  In  addition,  the  notice 
requested  comments  on  the  appropriateness  of  set- 
ting limits,  ranging  from  130  to  190  g's,  on  the  peak 
acceleration  that  the  pelvis  should  experience  dur- 
ing the  impact.  Finally,  to  reduce  the  possibility  of 
occupant  ejection,  the  agency  proposed  to  require 


PART  571;  S214-PRE  10 


that  each  door  in  the  struck  vehicle  remain  closed 
during  the  crash  test. 

lb  provide  manufacturers  with  sufficient  leadtime 
to  design  their  passenger  cars  to  meet  the  proposed 
performance  requirements,  NHTSA  proposed  to 
phase-in  the  new  requirements  in  accordance  with 
the  following  implementation  schedule: 

10  percent  of  each  manufacturer's  cars  manufac- 
tured during  the  first  full  production  year  (Sep- 
tember 1  to  August  31)  beginning  more  than  24 
months  after  the  issuance  of  the  final  rule; 

25  percent  of  each  manufactvu-er's  cars  manufac- 
tured during  the  second  full  year  beginning  after 
that  24-month  period; 

40  percent  of  each  manufacturer's  cars  manufac- 
tured during  the  third  full  year  after  that  24-month 
period;  and 

All  cars  manufactured  on  or  after  the  beginning  of 
the  fourth  full  year  after  that  24-month  period. 

In  addition  to  issuing  the  January  1988  NPRM  to 
improve  thoracic  protection  in  passenger  car  side 
impacts,  NHTSA  has  also,  during  the  past  several 
years,  been  involved  in  several  other  efforts  to  im- 
prove side  impact  protection.  These  efforts  cover  both 
passenger  cars  and  light  trucks,  vans  and  multipur- 
pose passenger  vehicles  (MPV's). 

On  August  19,  1988,  the  agency  published  in  the 
Federal  Register  (53  FR  31712)  an  advance  notice  of 
proposed  rulemaking  (ANPRM)  concerning  require- 
ments for  passenger  cars  intended  to  reduce  the  risk 
of  head  and  neck  injuries  and  ejections,  in  side 
impact  crashes  between  vehicles  and  in  other 
crashes  where  the  side  protection  of  the  vehicle  is  a 
relevant  factor.  The  ANPRM  also  sought  comments 
on  whether  additional  requirements  should  be  con- 
sidered to  address  side  impacts  with  poles  and  trees. 

NHTSA's  efforts  to  improve  side  impact  protection 
for  light  trucks,  vans  and  MPV's  (collectively  re- 
ferred to  as  "LTV's")  largely  correspond  to  its  efforts 
for  passenger  cars.  On  August  19,  1988,  the  agency 
published  in  the  Federal  Register  (53  FR  31716)  an 
ANPRM  regarding  possible  requirements  for  LTV's 
in  each  of  the  areas  where  requirements  have  been 
established,  or  are  under  consideration,  for  passen- 
ger cars.  In  summary,  the  ANPRM  addressed:  (1) 
extension  to  LTV's  of  Standard  No.  214's  existing 
requirements,  i.e.,  measuring  performance  in  terms 
of  the  ability  of  each  door  to  resist  a  piston  pressing 
a  rigid  steel  cylinder  inward  against  the  door,  (2) 
developing  dynamic  test  procediu-es  and  perform- 
ance requirements  for  LTV's,  corresponding  to  those 
proposed  in  the  January  1988  NPRM  for  passenger 
cars,  and  (3)  developing  requirements  for  LTV's 
intended  to  reduce  the  risk  of  head  and  neck 
injuries  and  ejections,  corresponding  to  those  ad- 


dressed in  the  August  1988  ANPRM  for  passenger 
cars. 

On  December  22,  1989,  NHTSA  published  in  the 
Federal  Register  (54  FR  52826)  an  NPRM  to  extend 
the  existing  requirements  of  Standard  No.  214  to 
LTV's.  Of  the  various  potential  side  impact  require- 
ments for  LTV's  that  were  addressed  in  the  ANPRM, 
the  agency  was  the  furthest  advanced  in  analyzing 
the  extension  of  Standard  No.  214's  existing  require- 
ments to  those  vehicles.  As  indicated  in  the  NPRM, 
NHTSA  decided  to  go  forward  with  rulemaking  on 
that  issue  separately,  since  addressing  all  of  the 
potential  requirements  together  could  result  in  un- 
delays. 


II.  Public  Comments  on  the  January  1988 
NPRM 

NHTSA  received  comments  from  auto  manufac- 
turers, manufacturer  organizations,  consumer 
groups,  insurance  organizations,  governmental  or- 
ganizations, international  organizations,  and  pri- 
vate individuals.  A  brief  summary  of  the  most  sig- 
nificant public  comments  is  provided  in  this  section. 
Subsequent  portions  of  the  preamble  discuss  the 
issues  and  present  the  agency's  position  and  re- 
sponse to  the  public  comments.  The  comments  are 
discussed  at  greater  length  in  those  sections  of  the 
preamble.  Because  of  the  large  number  of  public 
comments,  NHTSA  has  provided,  throughout  the 
preamble,  a  representative  sample  of  the  comments 
made  and  the  commenters  who  made  them.  Some  of 
the  comments  relate  to  more  than  one  issue.  The 
agency  analyzes  and  responds  to  the  comments  in 
more  detail  in  its  Final  Regulatory  Impact  Analysis 
(FRIA),  which  is  being  issued  along  with  this  final 
rule. 

Auto  manufacturers  unanimously  opposed  adop- 
tion of  the  proposed  side  impact  requirements,  chal- 
lenging numerous  aspects  of  the  proposed  perform- 
ance requirements  and  test  procedure.  The  auto 
manufacturers  argued  against  adoption  of  the  TTI(d) 
injury  criterion.  A  number  of  manufacturers  argued 
that  TTI(d)  cannot  reliably  predict  thoracic  injury 
risk  in  a  crash  because  it  lacks  a  biomechanical 
basis  and  is  test-condition-dependent.  Some  manu- 
facturers argued  that  TTI(d)  is  fundamentally  flawed 
because  it  is  acceleration-based  and  does  not  take 
thoracic  compression  into  account.  Several  manufac- 
turers argued  that  the  use  of  TTI(d)  could  lead  to 
designs  which  provide  little  or  no  safety  benefit,  or 
even  degrade  occupant  safety  by  leading  to  the 
installation  of  padding  that  is  overly  stiff. 

Numerous  manufacturers  argued  that  NHTSA 
should  regulate  side  impact  protection  by  means  of 
component  tests  instead  of  a  full  scale  crash  test. 
Those  commenters  argued  that  component  tests 
would  be  less  expensive  to  conduct,  could  be  utilized 


PART  571;  S214-PRE   11 


early  in  the  design  stage  of  a  vehicle,  and  woul  1 
promote  international  harmonization. 

Mamifacturers  also  presented  numerous  objec- 
tions to  the  proposed  SID  and  MDB.  The  agency 
notes  that  while  it  proposed  specifications  for  the 
MDB  as  part  of  its  primary  side  impact  NPRM,  the 
MDB  IS  covered  m  a  separate  notice  for  purposes  of  a 
final  rule.  Therefore,  comments  concerning  the 
MDB  are  addressed  in  that  notice.  Similarly,  com- 
ments on  the  NPRM  concerning  the  SID  are  ad- 
dressed in  the  SID  final  rule. 

The  Insurance  Institute  for  Highway  Safety  (IIHS) 
stated  that  it  strongly  supports  the  agency's  pro- 
posal, including  specification  of  a  full  scale  crash 
test  and  use  of  TTI(d).  That  commenter  argued  that 
the  proposed  amendment  is  an  important  and  long 
overdue  first  step  toward  the  larger  goal  of  reducing 
all  types  of  serious  injuries  in  side  impacts.  The 
American  Insurance  Association  stated  that  it  sup- 
ports NHTSA's  efforts  to  improve  side  impact  protec- 
tion and  urges  promulgation  and  implementation  of 
a  final  rule  as  quickly  as  possible. 

The  Center  for  Auto  Safety  and  Public  Citizen 
argued  that  the  proposed  requirements  are  not  suf- 
ficiently stringent.  Those  commenters  argued  that 
NHTSA  should  have  considered  much  more  strin- 
gent alternatives,  such  as  60  degree  impact  angles, 
higher  impact  masses,  and  higher  speeds.  They  also 
opposed  the  phase-in  of  the  requirements. 

On  October  19,  1989,  19  members  of  the  Senate 
Committee  on  Commerce,  Science  and  Transporta- 
tion sent  a  letter  to  Secretary  Skinner  urging  action 
on  the  proposed  side  impact  rulemaking.  The  letter 
noted  the  history  of  NHTSA's  rulemaking  on  side 
impact  protection,  including  issuance  of  the  January 
1988  NPRM.  The  letter  stated: 
The  full  Senate  recently  passed,  without  opposi- 
tion, legislation  to  require  DOT  rulemakings  to 
improve  side  impact  protection  in  passenger  auto- 
mobiles, and  to  extend  that  standard  to  minivans 
and  light  trucks.  Mr  Secretary,  this  is  a  basic 
protection  that  should  be  afforded  to  all  Ameri- 
cans, no  matter  what  type  of  passenger  vehicle 
they  drive.  NHTSA  has  gained  valuable  informa- 
tion over  the  past  ten  years  on  ways  to  improve 
side-impact  protection.  Further,  the  Department 
has  the  authority  to  require  these  improvements. 
'We  urge  you  to  move  forward  now  with  a  rulemak- 
ing to  improve  side-impact  protection  in  passenger 
■  cars,  light  trucks  and  minivans. 

III.  Summary  of  the  Final  Rule 

After  a  thorough  review  of  the  issue  of  side  impact 
protection,  including  the  comments  on  the  NPRM 
and  extensive  studies,  analyses,  and  data  on  the 
subject,  NHTSA  has  decided  to  adopt  a  final  rule 
based  on  its  January  1988  proposal.  NHTSA  has 


decided  to  adopt  TTI(d)  limits  of  85  g  for  4-door  cars 
and  90  g  for  2-door  cars.  The  pelvic  acceleration  limit 
is  being  set  at  T30  g  for  all  cars.  The  requirements 
apply  both  to  front  and  rear  seats. 

The  performance  levels  established  in  this  rule 
will  achieve  the  optimum  level  of  safety  consistent 
with  the  statutory  requirements  for  a  safety  stan- 
dard. The  levels  will  protect  motor  vehicle  occupants 
against  an  unreasonable  risk  of  injury  in  a  side 
crash,  while  ensuring  that  the  countermeasures 
necessary  to  achieve  these  levels  are  practicable. 
The  agency  expects  considerable  reductions  in  side 
impact  fatalities  and  injuries  to  accrue  because  of 
this  rule.  As  m  other  rulemaking  evaluations, 
NHTSA  will  carefully  monitor  the  benefits  associ- 
ated with  this  rule.  Based  on  the  performance  of 
vehicles  in  laboratory  crash  tests,  injury  risk  reduc- 
tions determined  from  real-world  crash  data,  im- 
provements in  available  countermeasure  technology 
and  other  factors,  NHTSA  will  determine  whether 
further  rulemaking  concerning  side  impact  crash 
protection  is  warranted. 

Two  alternative  compliance  schedules  are  estab- 
lished, the  choice  of  which  is  at  the  option  of  the 
manufacturer.  Under  the  first  schedule,  each  manu- 
facturer will  have  to  meet  the  new  side  impact 
performance  requirements  based  on  the  following 
phase-in  schedule: 

10  percent  of  automobiles  it  manufactures  during 
the  12  month  period  beginning  September  1,  1993; 

25  percent  of  automobiles  it  manufactures  during 
the  12  month  period  beginning  September  1,  1994; 

40  percent  of  automobiles  it  manufactures  during 
the  12  month  period  beginning  September  1,  1995; 
and 

All  automobiles  it  manufactures  on  or  after  Sep- 
tember 1,  1996. 

Under  the  other  schedule,  no  compliance  will  be 
required  during  the  production  year  beginning  Sep- 
tember 1,  1993,  but  full  implementation  will  be 
required  effective  September  1,  1994. 

The  rear  seat  requirements  will  not  apply  to  cars 
which  have  rear  seating  areas  that  are  so  small  that 
the  SID  dummy  cannot  be  accommodated  according 
to  the  specified  positioning  procedures.  Only  a  very 
small  number  of  sport  cars  are  believed  to  be  in  this 
category.  NHTSA  has  also  decided  not  to  apply  the 
rear  seat  requirements  to  passenger  cars  with  a 
wheelbase  greater  than  130  inches,  since  the  rear 
seats  are  so  far  back  from  the  MDB  impact  point 
that  the  side  impact  protection  provided  for  those 
seating  positions  cannot  appropriately  be  evaluated 
by  the  test  procedure.  The  wheelbases  of  all  produc- 
tion passenger  cars  are  less  than  130  inches,  so  this 
will  only  affect  the  rear  seats  of  stretch  limousines. 

The  bases  for  the  agency's  decision,  and  its  re- 
sponse to  the  comments,  are  set  forth  below. 


PART  571;  S214-PRE   12 


IV.  The  Safety  Problem 

NHTSA  has  separately  analyzed  the  fatality  and 
injury  experience  of  passenger  car  occupants  in- 
volved in  side  impact  crashes.  As  discussed  below, 
the  data  show  that  side  impacts  account  for  an 
average  of  almost  8,000  fatalities  and  more  than 
24,000  serious  injuries,  annually.  These  figures  re- 
present 30  percent  of  all  passenger  car  occupant 
fatalities  and  34  percent  of  the  serious  injuries  that 
occur  in  passenger  cars. 

A  Fatalities. 

NHTSA  reviewed  available  crash  data  from  1978 
to  the  present  to  determine  the  number  of  fatalities 
in  side  impact  crashes.  That  review  showed  that  side 
impacts  resulted  in  an  average  of  7,730  fatalities  per 
year  over  that  period.  The  review  further  showed 
that,  while  side  impact  fatalities  declined  steadily 
from  about  8,300  in  1978  to  about  7,000  in  1982, 
they  increased  again  to  about  8,000  in  1986  and 
7,900  in  1987.  The  percentage  of  side  impact  fatali- 
ties as  a  percentage  of  all  occupant  fatalities  aver- 
aged 30.6  percent  over  this  ten  year  period.  That 
percentage  remained  fairly  constant  from  1978- 
1982,  at  about  29  percent,  but  has  averaged  32 
percent  since  1983. 

The  agency  also  examined  the  data  on  fatal 
crashes  to  identify  the  first  harmful  event  in  fatal 
side  impact  accidents.  Based  on  a  review  of  data 
from  crashes  in  1982-1987,  the  agency  found  that  67 
percent  of  all  side  impact  fatalities  result  from 
vehicle-to-vehicle  side  impacts.  Pole  type  impacts 
(poles,  posts,  fire  hydrants,  and  trees)  result  in  an 
additional  18  percent,  and  impacts  with  other  fixed 
objects  (boulders,  culverts,  embankments,  bridge 
abutments,  guard  rails,  etc.)  together  comprise  ap- 
proximately 10  percent  of  all  side  impact  fatalities. 

The  agency  also  examined  its  data  files  to  deter- 
mine what  areas  of  the  body  were  being  injured  in 
side  impacts.  Since  the  Fatal  Accident  Reporting 
System  (FARS)  does  not  provide  information  on  the 
body  region  injured  or  the  injury  contact  points,  the 
agency  examined  data  from  the  1979-1987  National 
Accident  Sampling  System  (NASS)  and  the  1977- 
1979  National  Crash  Severity  Study  (NCSS)  on 
fatalities  in  which  the  most  severe  damage  to  the 
fatality  victim's  vehicle  was  a  left  side  or  right  side 
deformation.  Only  model  year  1973  and  later  vehi- 
cles were  included  in  this  analysis,  to  ensure  that 
the  data  reflected  the  effect  of  side  door  beams, 
which  were  required  by  NHTSA  beginning  January 
1,  1973,  and  appeared  in  many  cars  prior  to  that 
date.  The  data  show  that,  for  all  types  of  side  impact 
accidents  including  occupant  ejections,  head  injuries 
are  the  most  frequent  sources  of  side  impact  fatali- 
ties (45%),  followed  by  chest  (29%),  neck/spine  (11%), 
and  abdominal  injuries  (9%). 


While  head  injuries  are  the  most  prevalent  cause 
of  side  impact  fatalities,  NHTSA  is  aware  that  those 
injuries  are  not  significantly  addressed  by  this  final 
rule.  This  rulemaking  addresses  thoracic  and  pelvic 
injuries,  which  are  a  large  percentage  of  side  impact 
fatalities  and  injuries,  because  the  agency  is  further 
along  in  developing  countermeasures  to  protect 
these  body  regions  than  it  is  in  developing  means  of 
protecting  the  head.  The  agency  is  addressing  head 
protection  in  a  separate  rulemaking.  On  August  19, 
1988,  NHTSA  published  in  the  Federal  Register  (43 
FR  31712)  an  advance  notice  of  proposed  rulemaking 
that  addressed  head  protection. 

The  performance  test  set  forth  in  today's  final  rule 
simulates  a  lateral  impact  on  a  flat  surface  without 
ejection  or  rollover.  Injuries  to  the  chest  and  abdo- 
men from  contacting  side  surfaces  are  the  major 
injury  categories  in  this  type  of  side  impact  crash. 
About  26  percent  of  side  impact  fatalities  are  rele- 
vant to  the  new  performance  requirements.  This 
percentage  includes  only  those  cases  where  the  chest 
or  abdomen  contacting  the  side  interior  or  side 
hardware/armrest  is  the  most  severe  injury.  The 
requirements  should  also  help  reduce  head  and 
other  injuries  resulting  from  ejections,  since  the 
requirement  that  all  doors  of  a  tested  car  remain 
closed  during  the  crash  test  will  reduce  the  possibil- 
ity of  ejection  in  an  actual  crash. 

B.  Injuries. 

In  addition  to  examining  the  data  on  side  impact 
related  fatalities,  the  agency  also  reviewed  data  on  the 
number  of  injuries  in  non-fatal  side  impact  crashes. 
NHTSA  estimated  the  average  number  of  injuries,  by 
deformation  location  and  the  maximum  Abbreviated 
Injury  Scale  (AIS)  level  per  survivor  occupant,  that 
would  have  occurred  in  1982-87  if  all  cars  in  the  fleet 
were  MY  1973  and  later  cars— that  is,  if  they  all  had 
side  door  beams.  (The  Abbreviated  Injury  Scale  is  used 
to  rank  injuries  by  level  of  severity.  An  AIS  1  injury  is 
a  minor  one,  while  an  AIS  6  injury  is  one  that  is 
currently  untreatable  and  fatal.)  The  total  estimated 
number  of  AIS  3-5  injuries  (serious  to  critical  injuries) 
to  passenger  car  occupants  from  all  crash  modes  is 
about  68,600  annually,  based  on  data  from  the  1982- 
87  NASS  file.  That  analysis  showed  that  side  impacts 
resulted  in  a  total  of  about  24,400  AIS  3-5  injuries 
annually,  or  35.6  percent  of  all  AIS  3-5  injuries.  This 
percentage  is  slightly  higher  than  the  percentage  of 
side  impact  fatalities  (31.6  percent)  in  the  same  six 
years.  The  analysis  also  showed  that  the  side  interior 
and  side  hardwai-e/armrests  accounted  for  53  percent 
of  the  maximum  AIS  3-5  injuries  to  front  seat  occu- 
pants sitting  near  the  struck  side  of  the  vehicle,  and 
for  68  percent  of  the  maximum  AIS  3-5  injuries  to  rear 
seat  occupants  sitting  near  the  struck  side  of  the 
vehicle. 


PART  571;  S214-PRE  13 


V.  Performance  Requirements 

A  Thorax 

1.  TTI(d)  Performance  Criterion 

To  assess  the  probability  of  an  injury  to  the  thorax 
in  a  side  impact,  NHTSA  developed  a  new  injury 
measure  called  the  Thoracic  Trauma  Index  (TTI). 
The  TTI  is  a  formula  which  can  be  used  to  predict 
the  probability  of  injury  for  persons  of  different  ages 
and  weights.  It  uses  the  age  and  weight  of  each  test 
subject,  along  with  the  average  of  the  lower  thoracic 
spine  and  upper  or  lower  rib  accelerations.  (For  rib 
accelerations,  the  higher  of  the  acceleration  re- 
sponses from  the  upper  and  lower  ribs  is  used.) 

The  TTI  was  developed  from  and  evaluated  with 
test  data  obtained  from  a  sample  of  84  cadaver  tests 
conducted  over  a  10-year  period.  The  results  of  those 
tests  represent  the  largest  biomechanical  data  base 
that  has  been  used  to  support  a  NHTSA  rulemaking 
action.  In  these  instrumented  cadaver  tests,  NHTSA 
was  able  to  compare  the  acceleration  measured  on 
the  cadaver's  ribs  and  spine  with  the  severity  of  the 
thoracic  injury  received  by  the  cadaver  during  the 
impact.  These  tests  showed  that  the  occurrence  of 
injuries  to  the  hard  thorax,  which  includes  both  the 
ribs  and  the  internal  organs  protected  by  the  ribs,  is 
strongly  related  to  the  average  of  the  peak  lateral 
acceleration  experienced  by  the  struck  side  rib  cage 
and  the  lower  thoracic  spine. 

TTI  can  be  measured  on  a  test  dummy  and  used  as 
a  surrogate  for  side  impact  safety  performance  of 
passenger  cars.  Performance  requirements  for  such 
performance  can  be  specified  in  terms  of  a  combina- 
tion of  peak  rib  and  spine  accelerations  measured  on 
the  dummy  and  called  the  Thoracic  Trauma  Index 
(dummy)  or  TTI(d).  This  injury  criterion  represents 
the  average  of  peak  acceleration  values  measured  on 
the  lower  spine  and  the  greater  of  the  acceleration 
values  of  the  upper  and  lower  ribs  of  the  test  dummy. 
The  benefits  associated  with  a  requirement  specify- 
ing a  particular  level  of  TTI(d)  can  be  predicted  by 
using  the  TTI  to  assess  changes  across  the  entire 
population  of  vehicle  occupants. 

Included  in  the  84  cadaver  tests  mentioned  above 
were  a  number  of  tests  at  the  University  of  Heidelberg 
that  were  sponsored  by  the  Forschungsvereinigung 
Automobiltechnik  (FAT),  an  association  of  some  30 
German  motor  vehicle  and  equipment  manvifacturers. 
These  tests  were  designed  to  study  lateral  impacts  to 
human  cadavers,  as  well  as  to  three  different  designs  of 
dummies,  seated  in  actual  car  bodies.  Using  the  ca- 
daver injury  data,  NHTSA  evaluated  the  performance 
of  the  TTI  in  predicting  the  severity  level  of  injuries 
resulting  from  lateral  impacts. 

In  the  FAT  tests,  which  were  conducted  on  a  sled, 
a  deformable  barrier  developed  under  the  auspices  of 
the  Committee  of  Common  Market  Automobile  Con- 


structors (CCMC)  was  propelled  into  an  Opel  Kadett 
"body  in  white"  in  which  the  test  subject  (a  human 
cadaver)  was  seated  in  the  front  seat  on  the  struck 
side.  Each  car  body  was  struck  twice  at  an  angle  of 
90°,  once  on  the  left  side,  and  once  on  the  right  side. 
The  speed  of  the  barrier  was  either  40,  45,  50,  or  60 
km/hr.  Each  cadaver  was  subjected  to  one  crash  test. 
NHTSA's  review  of  the  test  results,  which  is  con- 
tained in  the  Society  of  Automotive  Engineers  paper 
entitled  "Side  Impact-The  Biofidelity  of  NHTSA's 
Proposed  ATD  and  Efficacy  of  TTI"  (SAE  Paper  No. 
861877,  Oct.  1986),  again  showed  that  TTI  effec- 
tively distinguished  different  levels  of  injury  risk. 
That  is,  the  higher  the  value  of  the  TTI  calculated 
for  the  test,  the  greater  was  the  probability  of 
serious  injury  to  the  cadaver. 

Despite  the  extensive  support  provided  by  NHTSA 
for  TTI(d)  in  the  NPRM  and  PRIA,  numerous  com- 
menters  expressed  significant  concerns  about  the 
proposed  thoracic  injury  criterion.  Some  comment- 
ers  argued  that  NHTSA  has  not  demonstrated  a  good 
correlation  between  the  TTI  and  the  risk  of  injury. 
Peugeot  expressed  concern  about  NHTSA's  use  of 
data  from  cadaver  tests  performed  by  FAT.  That 
commenter  stated  that  it  was  evident  that  a  given 
TTI  value  could  be  associated  with  any  "hard  tho- 
rax" AIS  value,  ranging  from  0  to  5.  Peugeot  also 
stated  that  there  was  very  poor  correlation  with 
either  abdominal  injuries  or  rib  cage  injuries. 
CCMC  submitted  a  comment  raising  a  number  of 
the  same  concerns  as  Peugeot. 

Honda  commented  that  while  NHTSA  argued  that 
TTI  is  able  to  distinguish  injury  level  according  to 
AIS,  an  International  Organization  for  Standardiza- 
tion (ISO)  document  reveals  that  TTI  data  overlap 
different  AIS's.  Honda  cited  an  ISO  resolution  con- 
cluding that  the  TTI  cannot  be  considered  as  an 
acceptable  thoracic  protection  criterion. 

GM  stated  that  when  cadaver  data  published  by 
NHTSA  were  studied  using  discriminant  analysis 
techniques,  the  TTI  erroneously  predicted  injury 
risk  for  20  (43  percent)  of  47  possible  cases.  That 
company  also  expressed  concern  that  TTI(d)  omits 
age  and  weight  factors.  GM  stated  that  cadaver  data 
published  by  NHTSA  indicate  that  age  accounted  for 
about  40  percent  of  the  magnitude  of  TTI  in  the 
cadaver  tests.  According  to  GM,  TTI(d)  cannot  be 
relied  upon  to  predict  injury  risk  since  it  ignores  a 
major  percentage  of  the  correlation  function  (TTI) 
which  itself  did  not  correlate  for  43  percent  of  the 
cases  upon  which  it  was  based. 

Ford  argued  that  although  the  curves  of  probabil- 
ity of  injury  versus  TTI  presented  in  NHTSA's  PRIA 
indicate  a  continuous,  sharp  decrease  in  injury  for 
decreasing  values  of  TTI,  the  actual  test  data  show 
considerable  overlap  in  regions  where  the  corre- 
sponding injuries  are  of  markedly  different  severity. 


PART  571;  S214-PRE   14 


That  company  stated  that  TTI  provides  virtually  no 
differentiation  between  AIS  0  and  1,  between  AIS  2 
and  3,  and  between  AIS  4  and  5.  Ford  also  asserted 
that  NHTSA  had  found  it  necessary  to  "arbitrarily" 
adjust  the  probability  of  injury  versus  TTI  curves  on 
the  basis  of  slight  logical  inconsistencies.  According  to 
Ford,  before  adjustment,  the  curves  indicate  that  for 
all  TTI  greater  than  151,  the  probability  of  AIS  greater 
than  or  equal  to  4  exceeds  the  probability  of  greater 
than  or  equal  to  3,  a  logical  absurdity.  Ford  asserted 
that  these  cm-ves  demonstrate  that  the  TTI  is  funda- 
mentally deficient  in  predicting  injury  severity. 

NHTSA  believes  that  the  TTI  is  a  good  predictor  of 
risk  of  thoracic  injury.  The  development  and  efficacy 
of  TTI  as  an  injury  index  is  documented  in  detail  at 
pp.  IIIB- 1 6  to  IIIB-28  of  the  PRI  A.  The  TTI  relates  the 
probability  of  an  individual  receiving  a  thoracic/ 
abdominal  injury  of  severity  greater  than  AIS  3,  4, 
or  5,  depending  on  the  individual's  weight  and 
age,  as  well  as  the  peak  rib  and  spine  acceleration 
responses  recorded  during  the  impact  event.  There  is 
a  monotonically  increasing  relationship  between  the 
TTI  and  the  severity  of  the  maximum  thoracic/ 
abdominal  injury.  (Monotonicity  refers  to  a  mathe- 
matical relationship  in  which  the  dependent  vari- 
able (Y)  increases  as  the  independent  variable  (X) 
increases,  regardless  of  linearity  or  non-linearity.) 

It  should  be  noted  that  each  TTI  level  relates  to  an 
injury  probability  distribution.  For  example,  at 
TTI  =  150  g,  there  is  a  75  percent  chance  of  an  AIS-3 
or  greater  injury,  a  20  percent  chance  of  an  AIS-4  or 
greater  injury,  and  a  0  percent  chance  of  an  AIS-5  or 
greater  injury.  This  is  consistent  with  the  variability 
found  in  cadaver  testing  and  reflects  the  range  of 
human  injury  tolerance  in  impacts.  Thus,  NHTSA 
does  not  share  commenters'  concern  that  a  single 
TTI  level  can  represent  several  different  AIS  levels  of 
injury,  as  that  simply  reflects  the  real-world  validity 
of  TTI. 

GM  did  not  provide  sufficient  details  of  its  analy- 
sis for  NHTSA  to  fully  evaluate  that  company's 
argument  that  TTI  erroneously  predicted  injury  risk 
for  20  of  47  possible  cases.  However,  GM's  assertion 
suggests  a  misunderstanding  of  what  is  predicted  by 
TTI.  As  indicated  above,  each  TTI  level  predicts  an 
injury  probability  distribution.  It  is  incorrect  to 
argue  that  a  particular  TTI  level  predicts  a  particu- 
lar AIS  level  injury.  This  can  be  illustrated  by 
considering  the  probability  distribution  cited  above 
for  TTI  =  150  g.  At  that  TTI  level,  there  is  a  75 
percent  chance  of  an  AIS-3  or  greater  injury  and  a  20 
percent  chance  of  an  AIS-4  or  greater  injury.  While 
the  probability  of  an  AIS-3  or  greater  injury  is 
considerably  higher  than  the  probability  of  an  AIS-4 
or  greater  injury,  it  would  be  incorrect  to  state  that 
TTI  =  150  g  predicts  an  AIS-3  injury.  Since  GMs 


analysis  appears  to  incorrectly  assume  that  TTI 
predicts  a  single  AIS  level  injury  in  each  case,  the 
agency  does  not  agree  with  the  analysis. 

NHTSA  also  does  not  agree  with  GM's  argument 
that  the  omission  of  age  and  weight  from  the  TTI(d) 
means  that  it  cannot  be  relied  upon  to  predict  injury 
risk.  The  likelihood  of  injury  in  a  crash  differs 
depending  upon  a  person's  age  and  weight,  but  for 
any  particular  age  and  weight,  TTI(d)  correlates 
with  actual  injury,  i.e.,  risk  of  injury  increases  as 
TTKd)  increases. 

The  agency  disagrees  with  Peugeot's  contention 
that  poor  correlation  of  the  TTI  with  either  abdom- 
inal injuries  or  rib  cage  injuries  indicates  that  there 
is  a  problem  with  the  TTI.  The  TTI  was  developed  to 
predict  injuries  to  the  hard  thorax.  Efforts  to  find 
relationships  with  individual  portions  of  this  body 
region  may  well  fail  because  the  TTI  accounts  for  the 
threat  to  another  part  of  the  hard  thorax  that  has 
been  excluded  from  such  an  analysis. 

NHTSA  disagrees  with  Ford's  suggestion  that  it 
"arbitrarily"  adjusted  the  probability  of  injury  ver- 
sus TTI  curves  based  on  slight  logical  inconsisten- 
cies. The  implication  of  Ford's  comment  is  that  the 
agency  modified  the  data  to  prevent  the  curves  from 
indicating  that  the  probability  of  AIS  greater  than 
or  equal  to  4  exceeds  than  the  probability  of  AIS 
greater  than  or  equal  to  3.  Ford's  statements  are 
incorrect  for  several  reasons.  The  data  were  not 
modified;  rather  the  procedure  for  calculating  the 
injury  probability  curve  was  constrained  to  avoid 
this  impossible  situation.  Further,  that  company's 
comments  were  based  on  the  curves  generated  in  a 
1984  NHTSA  paper  which  used  Probit  analysis.  TTI 
as  proposed  in  the  NPRM  was  derived  in  1986  and  is 
based  on  a  WeibuU  analysis.  (The  terms  Probit  and 
WeibuU  refer  to  statistical  techniques.)  As  discussed 
in  section  IIIB  of  the  FRIA,  NHTSA  believes  that  the 
WeibuU  distribution  is  the  most  appropriate  func- 
tion for  describing  injury  probability  from  the  type 
of  data  in  question.  When  WeibuU  analysis  was  used 
in  the  1986  analysis  (which  included  many  tests  of 
Opel  vehicles),  none  of  the  inappropriate  relation- 
ships (injury  probability  of  AIS  greater  than  or  equal 
to  4  exceeding  the  probability  of  greater  than  or 
equal  to  3)  were  found. 

Some  commenters  argued  that  the  TTI  lacks  a 
biomechanical  basis  and  is  test-condition-dependent. 
GM  argued  that  the  TTI  cannot  be  relied  upon  to 
reliably  predict  human  thoracic  injury  risk  in  side 
impacts  because  it  lacks  a  biomechanical  basis.  That 
company  stated  that  the  agency's  assertion  that  the 
TTI  correlates  to  injury  is  at  best  correct  only  for  the 
narrow  conditions  under  which  tests  were  con- 
ducted, since  statistical  correlations  cannot  be  relied 
upon  when  conditions  vary  from  those  upon  which 
the  correlation  is  based.  According  to  GM,  because 


PART  571;  S214-PRE  15 


many  factors  influence  injury  risk  in  a  side  impact 
(e.g.,  door  stiffness,  contour  of  door  interior,  vehicle 
size,  velocity,  and  others),  it  is  vital  that  the  injury 
risk  function  be  viable  for  the  entire  range  of  vehi- 
cles and  impacts  for  which  countermeasures  are 
sought. 

BMW  stated  that  it  is  very  difficult  to  find  a 
physical  relationship  of  the  TTI  with  the  injury 
mechanism.  That  commenter  stated  that  momen- 
tary high  accelerations  of  the  ribs  can  lead  to  frac- 
tures, yet  transfer  little  energy  to  the  thoracic  ver- 
tebrae. According  to  BMW,  since  the  TTI  is  the 
average  of  the  maximums  of  rib  and  spine  accelera- 
tions at  different  moments  in  time,  the  ribs  can  be 
broken,  while  the  TTI  still  remains  within  the  limit 
specified  in  the  rule  because  the  value  for  spine 
acceleration  is  low. 

Mercedes-Benz  stated  that  the  theory  of  the  TTI  is 
based  on  the  assumption  that  the  injury  mechanism 
of  the  thorax  and  lower  ribcage  protected  abdominal 
organs  (liver,  spleen,  kidney)  is  equally  determined 
by  the  behavior  of  the  thoracic  skeleton.  That  com- 
menter stated  that  this  theory  is  not  confirmed  by 
injuries  from  side-impact  collisions  or  by  the  results 
of  FAT  tests.  Mercedes  stated  that  anatomically 
logical  separation  of  thorax  and  abdomen  is  valid  for 
injury  protection  and  must  be  reached  through  ap- 
propriate separate  protection  criteria. 

Peugeot  commented  that  it  is  difficult  to  conceive 
how  adding  the  peak  rib  acceleration  as  measured 
very  early  in  the  impact  phase  to  the  peak  acceler- 
ation of  the  spine  as  measured  in  the  late  stages  of 
the  impact  can  be  related  to  the  mechanism  of  rib 
and  organ  injury.  Peugeot  also  argued  that  although 
advocates  of  TTI  may  consider  it  to  be  a  good 
predictor  of  thoracic  injury  because  a  quasi- 
statistical  correlation  was  found  between  the  TTI 
values  calculated  from  cadaver  tests  and  the  result- 
ing thoracic  injury  levels,  regression  analysis  pro- 
duces substantially  different  relationships  for  each 
test  condition,  suggesting  that  the  TTI  is  test- 
condition-dependent.  That  commenter  also  argued 
that  accident  analysis  does  not  support  the  TTI. 
According  to  Peugeot,  the  TTI  mistakenly  presup- 
poses a  strong  relationship  between  abdominal  and 
thoracic  injuries.  Peugeot  stated  that  such  a  link 
exists,  but  only  for  17  percent  of  cases. 

NHTSA  acknowledges  that  the  TTI  represents  an 
empirical  formulation  as  opposed  to  an  injury  crite- 
rion primarily  derived  from  biomechanical  theory. 
The  agency  believes  that  use  of  an  empirical  formu- 
lation in  this  instance  is  acceptable  and  appropriate 
for  a  number  of  reasons. 

The  TTI  formula  was  derived  from  a  data  base  of 
84  tests  performed  on  human  cadavers  in  over  20 
different  test  conditions  (including  speed  conditions 


and  impact  environments).  These  tests  included  pen- 
dulum tests,  rigid  and  padded  wall  sled  tests,  and 
full  scale  vehicle  tests  ranging  in  speed  from  10  to  40 
mph.  Padded  wall  conditions  included  a  variety  of 
materials  of  various  thicknesses.  The  cadavers 
ranged  in  age  from  17  years  old  to  84  years  old. 
NHTSA  believes  that  the  test  conditions  underlying 
the  TTI  span  and  encompass  the  spectrum  of  anti- 
cipated impact  conditions  in  the  full-scale  side  im- 
pact crash  test  procedure  proposed  by  NHTSA,  which 
itself  is  representative  of  real  world  crashes. 

The  agency  notes  that,  while  the  general  relation- 
ship between  TTI  and  the  probability  of  different 
AIS  level  injuries  can  be  seen  when  all  of  the  cadaver 
tests  are  used,  the  final  TTI  formulation  was  derived 
using  the  36  tests  in  which  the  cadaver  was  struck 
on  the  left  and  where  both  rib  accelerations  were 
available.  For  a  more  complete  discussion  of  the  data 
underlying  TTI,  see  the  Society  of  Automotive  En- 
gineers paper  cited  above,  "Side  Impact— The  Biofi- 
delity  of  NHTSA's  Proposed  ATD  and  Efficacy  of 
TTI."  (SAE  Paper  No.  861877,  Oct.,  1986). 

Given  the  data  base  underlying  TTI,  the  agency  is 
confident  that  the  relationship  between  TTI(d)  and 
injury  risk  is  valid  for  the  entire  range  of  vehicles 
and  impacts  for  which  countermeasures  must  be 
designed  in  order  to  meet  the  dynamic  side  impact 
test  requirements.  This  makes  TTI(d)  appropriate  as 
an  injury  criterion  in  a  side  impact  crash  test,  even 
though  it  is  based  on  statistical  correlation. 

NHTSA  notes  that  the  TTI(d)  is  only  valid  for 
lateral  impact  conditions,  the  condition  specified  in 
the  side  impact  test  procedure.  NHTSA  does  not 
intend  that  the  TTI(d)  be  used  in  any  test  condition 
other  than  lateral  impacts. 

NHTSA  also  notes  that,  in  addition  to  being  pre- 
dictive of  actual  injury,  the  TTI  is  consistent  with 
observations  pertaining  to  impacted  bodies.  For  ex- 
ample, TTI  is  consistent  with  the  fact  that  the 
elderly  and  larger/heavier  persons  are  more  prone  to 
injury  for  a  given  level  of  rib  and  spine  acceleration, 
and  with  the  fact  that  persons  are  more  prone  to 
injury  when  exposed  to  higher  accelerations. 

Since  the  TTI  is  an  empirical  formulation,  the 
agency  does  not  agree  with  the  assertion  of 
Mercedes-Benz  that  the  theory  of  the  TTI  is  based  on 
the  assumption  that  the  injury  mechanism  of  the 
thorax  and  lower  ribcage-protected  abdominal  or- 
gans is  equally  determined  by  the  behavior  of  the 
thoracic  skeleton.  With  respect  to  that  commenter's 
argument  that  separate  protection  criteria  are 
needed  for  the  thorax  and  the  abdomen,  NHTSA 
notes  that  the  proposed  requirements  were  not  in- 
tended to  address  all  abdominal  injuries.  As  dis- 
cussed below,  the  agency  believes  that  lateral  ab- 
dominal compression  measurement  has  not  yet  been 


PART  571;  S214-PRE   16 


perfected  as  an  injury  criterion.  However,  many 
abdominal  injviries  are  addressed  by  protection  of 
the  hard  thorax,  and  are  predicted  by  TTI(d). 

NHTSA  disagrees  with  Peugeot's  claim  that  re- 
gression analysis  suggests  that  TTI  is  test-condition- 
dependent.  According  to  Peugeot,  such  analysis 
shows  different  relationships  for  each  test  condition. 
That  company's  analysis  consisted  of  producing  sub- 
sets of  the  NHTSA  side  impact  data  based  on  test 
conditions  (e.g.,  one  subset  for  padded  sled  tests, 
another  for  vehicle  tests,  yet  another  for  pendulum 
tests,  etc.)  and  then  looking  for  the  relationship 
between  the  reported  injury  level  and  the  reported 
TTI  value.  NHTSA  analyzed  the  cadaver  test  data, 
which  it  broke  into  sub-sets.  NHTSA  believes  that  it 
used  the  same  data  as  Peugeot,  although  Peugeot  did 
not  submit  their  analysis  with  their  comments. 
NHTSA  performed  regression  analysis  of  the  data 
for  different  test  conditions.  The  regression  analysis 
shows  similar  trends  in  the  overall  correlation  of  TTI 
and  injuries  for  each  test  condition.  The  agency, 
therefore,  does  not  accept  Peugeot's  conclusions. 

NHTSA  also  disagrees  with  Peugeot's  arguments 
that  a  standard  based  on  TTI(d)  cannot  offer  abdom- 
inal protection.  NHTSA  notes  that  the  lower  rib 
accelerometer  and  the  lower  spine  accelerometer 
(used  on  the  dummy  to  measure  TTI(d))  are  located 
close  to  where  abdominal  organs  such  as  the  liver, 
spleen,  and  kidneys  are  found  on  a  human.  In 
addition,  NHTSA  has  found  a  relationship  between 
the  probability  of  AIS  injuries  and  TTI.  This  is 
significant  because  AIS  injuries  4  +  and  5  +  include 
injuries  to  three  abdominal  organs  (i.e.,  the  liver, 
spleen,  and  kidneys).  Further,  the  agency  believes 
that  company's  own  data  contradict  its  claims.  As- 
suming that  pelvis  protection  is  offered  as  well  as 
thoracic  protection,  Peugeot's  data  show  that  78 
percent  of  the  abdominal  injuries  were  accompanied 
by  rib  fractures  (that  company  did  not  analyze  other 
thoracic  injuries),  pelvis  fractures,  or  fractures  to 
both  pelvis  and  ribs. 

While  rib  deflection  is  not  directly  reflected  in  the 
TTI,  the  agency  notes  that  the  TTI  correlates  with 
the  number  of  rib  fractures.  As  discussed  in  the 
FRIA,  NHTSA  examined  this  relationship,  using 
rigid  and  padded  wall  cadaver  data,  and  found  a 
strong  correlation.  The  agency  therefore  concludes 
that  the  use  of  TTI(d)  as  a  performance  criterion  can 
significantly  limit  and  control  the  number  of  frac- 
tured ribs  caused  by  lateral  impacts  in  vehicle  colli- 
sions. NHTSA  therefore  does  not  share  BMW's  con- 
cern that  ribs  can  be  broken  while  TTI  remains 
under  the  required  limit  because  the  value  for  spine 
acceleration  is  low. 

A  number  of  commenters  argued  that  the  TTI  is 
fundamentally  flawed  because  it  is  acceleration- 
based.  According  to  GM,  the  TTI  relates  poorly  to 


injury  risk  because  peak  accelerations  do  not  relate 
well  to  important  mechanisms  of  human  chest  and 
abdominal  injury.  That  company  acknowledged  that 
acceleration  does  have  some  relationship  to  the  overall 
severity  of  a  crash,  but  argued  that  simply  combining 
peak  accelerations  at  two  skeletal  points,  at  two  in- 
stants of  time,  is  insufficient  to  discriminate  between 
thoracic  injuries  for  a  variety  of  exposures. 

Ford  asserted  that  there  is  "worldwide  biomechan- 
ical  disagreement"  with  NHTSA  concerning  TTI, 
based  on  the  inability  of  TTI(d)  or  any  other 
acceleration-based  injury  criterion  to  represent 
quantitatively  the  likelihood  of  injury  to  organs  in 
the  human  chest. 

MVMA  noted  that  accelerations  used  to  calculate 
TTI  are  measured  by  accelerometers  attached  to  the 
ribs  and  spine.  That  commenter  stated  that  since  the 
human  chest  is  not  totally  rigid  but  instead  consists 
of  various  flexible  components,  measuring  accelera- 
tion of  the  rigid  dummy  spine  or  ribs  will  not 
reliably  predict  injury  to  the  viscous  organs  within 
the  chest.  MVMA  also  stated  that  if  "whole  body 
loading"  does  not  occur  (i.e.,  if  a  concentrated  load  is 
applied),  acceleration  of  the  spine  or  ribs  may  be 
small  and  thus  fail  to  predict  injuries  which  occur 
due  to  chest  compression. 

Peugeot  commented  that  transversal  acceleration 
measured  at  the  rib  is  at  best  only  an  indication  of 
violence  but  in  no  case  an  acceptable  indicator  of 
thoracic  lesion.  That  commenter  also  stated  that 
thoracic  acceleration  alone  does  not  enable  one  to 
account  for  both  deformation  of  the  car  side-wall  and 
deformation  of  the  thorax.  Peugeot  commented  that 
the  same  thoracic  acceleration  value  can  be  obtained 
with  a  not-very-rigid  side-wall  and  a  too-rigid  dummy 
thorax,  or  with  a  too-rigid  side  wall  and  a  very  de- 
formed dummy  thorax,  and  therefore  predict  the  same 
level  of  thoracic  injury. 

The  requirements  proposed  by  NHTSA  were  de- 
signed to  reduce  hard  thorax  (includes  skeleton  as 
well  as  organs  like  the  liver,  kidney,  heart  and 
spleen)  and  pelvic  injuries  associated  with  accelera- 
tions. Acceleration  is  one  of  a  number  of  possible 
measures  of  the  severity  of  the  injury  that  occurs  to 
a  person  in  a  crash.  NHTSA  believes  that  the  critical 
question  is  whether  the  TTI(d)  injury  criterion,  con- 
sisting of  acceleration  measurements,  can  discrimi- 
nate the  risk  of  hard  thorax  injury  in  simulations  of 
real-world  side  impact  crashes.  The  agency  believes 
that  available  evidence  indicates  that  TTI(d)  can  do 
so.  In  other  words,  as  TTI(d)  is  reduced,  the  risk  of 
injury  is  also  reduced.  A  reduction  in  TTI(d)  signifies 
that  the  severity  of  injury  to  a  person  in  a  crash,  as 
measured  by  acceleration,  is  reduced.  Severity  of 
injury  as  measured  by  other  means,  such  as  com- 
pression, may  also  be  reduced,  although  it  is  not 
measured  as  part  of  TTI(d).  As  long  as  the  TTI(d) 


PART  571;  S214-PRE  17 


injury  criterion  can  discriminate  risk  of  thoracic 
injury,  the  agency  believes  that  the  precise  injury 
mechanism  (acceleration,  compression,  some  combi- 
nation of  forces,  etc.)  is  not  critical. 

NHTSA  disagrees  with  MVMA's  contention  that 
accelerometers  attached  to  the  ribs  and  spine  cannot 
reliably  be  related  to  injury  to  the  viscous  organs 
within  the  chest.  Since  accelerometers  on  the  ribs 
and  spine  are  located  close  to  the  viscous  organs 
within  the  chest,  they  measure  parameters  that  may 
cause  viscous  organ  injuries.  Countermeasures  that 
result  in  reduced  accelerations  on  the  ribs  and  spine 
will  also  generally  result  in  reduced  severity  of 
injury  to  the  nearby  viscous  organs,  reducing  the 
risk  of  injury. 

With  respect  to  MVMA's  argument  that  TTI(d) 
might  not  discriminate  a  concentrated  load,  NHTSA 
notes  that  full  body  loading  is  typical  of  side  impact 
crashes.  Acceleration  measurements  taken  from  the 
rib  and  spine  indicate  the  severity  of  injury  involved 
in  impacts  such  as  those  caused  by  armrests. 

NHTSA  does  not  agree  with  Peugeot's  concern 
that  the  same  thoracic  acceleration  value  can  be 
obtained  with  a  not-very-rigid  side-wall  and  a  too- 
rigid  dummy  thorax,  or  with  a  too-rigid  side  wall  and 
a  very  deformed  thorax.  By  specifying  an  appropri- 
ate test  dummy  (an  issue  which  is  addressed  in  the 
separate  notice  on  SID),  and  hence  establishing  the 
stiffness  of  the  dummy,  the  agency  can  ensure  that 
the  TTI(d)  measured  in  a  crash  test  is  comparable  to 
what  would  be  experienced  by  persons  in  real  world 
crashes.  NHTSA  notes  that  Peugeot's  comment  is 
related  to  the  argument  raised  by  a  number  of 
commenters  that  the  SID  chest  is  overly  stiff.  A  full 
discussion  of  that  issue  is  presented  in  the  separate 
notice  on  SID. 

Several  commenters  argued  that  the  TTI  may  not 
suggest  appropriate  countermeasures  since  it  does 
not  describe  the  time  when  injury  to  the  thorax 
occurs.  MVMA  noted  that  the  peak  spine  and  peak 
rib  accelerations  do  not  necessarily  occur  at  the 
same  time.  Consequently,  according  to  that  com- 
menter,  TTI(d)  does  not  necessarily  represent  the 
actual  risk  of  injury. 

NHTSA  notes  that,  while  TTI  correlates  well  with 
the  occurrence  and  severity  of  injuries,  this  does  not 
mean  that  the  occurrence  of  either  peak  acceleration 
response  corresponds  exactly  in  time  to  the  occur- 
rence of  body  injury.  Parameters  measured  on  the 
skeleton,  such  as  acceleration,  do  not  necessarily 
give  the  precise  time  of  peak  local  stress  or  strain  to 
the  hard  thorax  or  whatever  mechanism  causes  a 
local  injury.  While  the  exact  time  of  injury  occur- 
rence may  be  desirable  from  a  researcher's  perspec- 
tive, it  is  unnecessary  for  purposes  of  regulation.  In 
establishing  a  performance  requirement  that  meets 
the  need  for  safety,  NHTSA  is  concerned  whether  an 


injury  criterion  predicts  the  probability  of  differing 
levels  of  overall  thoracic  injury  that  a  person  would 
experience  in  a  real-world  crash,  and  not  whether  it 
can  be  used  to  determine  the  mechanism  or  exact 
timing  of  such  injury. 

Several  commenters  argued  that  the  use  of  the  TTI 
could  lead  to  designs  which  provide  little  or  no  safety 
benefits.  GM  cited  the  results  of  armrest  tests  in 
support  of  this  argument.  SID  dummies  and  anes- 
thetized swine  were  impacted  using  a  six-inch- 
diameter  pendulum  fitted  with  simulated  armrests 
of  different  stiffness.  According  to  GM,  the  SID/TTI 
results  indicated  that  the  stiffest  armrest  posed  the 
least  risk,  while  the  swine/TTI  results  indicated  that 
the  softest  armrest  was  preferable.  That  company 
stated  that  autopsies  of  the  swine  showed  similar 
soft  tissue  liver  lacerative  injuries  for  each  case, 
indicating  that  all  of  the  armrests  posed  similar 
risks. 

NHTSA  notes  that  GM's  armrest  tests  involved 
applying  a  concentrated  load  to  the  SID  dummies 
and  swine.  However,  as  indicated  above,  side  impact 
crashes  typically  involve  full  body  loading,  and 
TTI(d)  predicts  thoracic  injury  risk  in  such  impacts. 

The  agency  does  not  wish  to  imply  that  armrest 
design  is  unimportant  for  side  impacts.  Accident 
data  indicate  that  armrests  cause  injury  to  both  the 
pelvis  and  the  abdomen.  While  the  EuroSID  and 
BioSID  (other  side  impact  dummies  being  developed 
by  the  European  Economic  Community  and  the 
Society  of  Automotive  Engineers,  respectively)  were 
designed  with  abdominal  load  sensors,  the  SID 
dummy  was  not.  The  EuroSID  and  BioSID  dummies 
are  discussed  further  in  the  separate  notice  covering 
SID.  NHTSA  has  conducted  experiments  with  fron- 
tal abdominal  injury  sensors  and  developed  injury 
criteria  for  the  Hybrid  III  dummy  and  believes  that 
direct  lateral  abdominal  measurement  has  not  yet 
been  perfected  as  a  compliance  tool.  Some  armrest 
injuries  are  addressed  through  the  measurements  of 
TTI(d)  with  the  SID.  The  TTI(d)  criterion  is  based  on 
injuries  to  the  hard  thorax,  which  includes  some  but 
not  all  abdominal  organ  injuries.  Also,  the  limit  on 
pelvic  acceleration  addresses  armrest  injiu"ies  to  the 
pelvis.  Moreover,  even  though  some  armrest  injuries 
are  not  addressed,  armrests  are  not  likely  to  become 
more  aggressive  as  a  result  of  the  TTI(d)  or  pelvic  g 
requirements.  The  agency  also  notes  that,  as  dis- 
cussed further  below,  the  fact  that  the  proposed  test 
procedure  does  not  completely  address  armrest  inju- 
ries is  a  reason  to  retain  the  existing  armrest  re- 
quirements of  Standard  No.  201,  Occupant  Protec- 
tion in  Interior  Impact. 

BMW  stated  that  since  the  TTI  is  comprised  of 
maximum  acceleration  values  only,  it  necessarily 
reacts  very  sensitively  to  damping.  That  commenter 
stated  that  it  is  possible  that,  in  some  cases,  through 


PART  571;  S214-PRE  18 


the  use  of  padding,  the  TTI  value  will  be  reduced 
without  a  corresponding  increase  in  real-world 
safety.  BMW  cited  a  study  showing  that  with  a 
damping  material  which  reduced  the  energy  input 
by  less  than  nine  percent,  the  injury  risk  as  meas- 
ured by  TTI  was  reduced  from  83  percent  to  20 
percent.  That  commenter  expressed  doubt  that  the 
actual  injury  risk  for  human  occupants  is  reduced  to 
this  extent.  Chrysler  raised  similar  concerns. 

As  indicated  above,  TTI  correlates  well  with  the 
occurrence  and  severity  of  injuries.  NHTSA  believes 
that  the  addition  of  interior  padding  can  often  result 
in  a  significant  reduction  of  injury  risk.  Depending 
on  TTI(d)  level  and  AIS  level  of  injury,  the  agency 
considers  it  likely  that  a  small  reduction  in  energy 
input  may  make  the  difference  in  whether  a  person 
receives  a  serious  injury  or  not. 

GM  and  Ford  each  argued  that  the  use  of  TTI(d), 
coupled  with  what  they  consider  to  be  the  excessive 
stiffness  and  excessive  mass  of  the  SID  chest,  could 
lead  to  the  use  of  interior  padding  that  is  overly  stiff 
and  could  actually  degrade  occupant  safety,  particu- 
larly that  of  the  elderly.  Honda  stated  that  since  the 
bone  condition  factor  Gaone  flexibility)  is  not  taken 
into  consideration  for  TTI,  the  severity  of  injury  in 
the  real  world  may  possibly  be  increased  by  counter- 
measures  aimed  at  decreasing  TTI. 

NHTSA  disagrees  that  the  use  of  TTI(d)  and  the 
SID  would  lead  to  the  use  of  interior  padding  that  is 
so  stiff  that  it  would  increase  injuries  to  the  elderly 
or  any  other  group  of  persons.  Any  padding  that  is 
added  to  a  car  to  reduce  TTI(d)  would  be  less  stiff 
than  the  interior  car  door  and  make  a  contribution 
to  improving  occupant  safety  for  persons  of  all  ages. 
As  indicated  above,  for  persons  of  any  particular  age, 
TTI(d)  correlates  well  with  the  occurrence  and  sever- 
ity of  injuries.  Ford  appears  to  be  concerned  that 
very  stiff  padding  might  be  necessary  to  meet  the 
proposed  requirements,  whereas  softer  padding 
might  provide  even  greater  benefits  to  the  elderly. 
NHTSA  notes  that  one  potential  answer  for  this 
concern  is  for  the  manufacturers  to  utilize  a  combi- 
nation of  structure  and  padding  to  meet  the  test 
requirements. 

NHTSA  notes  that,  as  part  of  research  comparing 
SID  with  two  side  impact  dummies  still  in  the 
research  stage,  EuroSID  and  BioSID,  the  agency 
recently  conducted  a  series  of  tests  to  examine  the 
effect  of  padding  stiffness  upon  the  injury  hazard 
measurements  of  these  dummies  when  subjected  to  a 
given  test  condition.  Each  of  these  dummies  was 
exposed  to  a  series  of  20  mph  lateral  impacts  into  a 
rigid  wall  which  was  padded  with  three  inch  thick 
foam  padding  of  varying  stiffnesses.  The  padding 
stiffness  varied  from  very  soft  to  nearly  as  stiff  as  the 
rigid  wall.  Using  TTI(d),  all  three  dummies  indi- 
cated that  the  very  soft  and  very  stiff  padding  are 


the  most  hazardous  in  impact  situations.  There  was 
very  little  difference  between  the  three  dummies  in 
the  choice  of  an  optimal  padding.  The  optimal  pad- 
ding stiffness  determined  by  the  three  dummies 
ranged  approximately  from  15  to  25  pounds  per 
square  inch,  measured  at  35  percent  compression. 
For  BioSID,  a  slightly  stiffer  padding  was  selected 
for  V*C  than  for  TTI(d).  (V*C  is  a  compression-based 
injury  criterion  advocated  by  GM  and  other  com- 
menters  as  an  alternative  to  TTI(d)  where  V  is 
velocity  of  chest  compression  and  C  is  lateral  chest 
displacement.)  While,  as  discussed  below,  the  data 
supporting  V*C  are  limited,  NHTSA  observes  that 
to  the  extent  that  it  is  a  valid  injury  criterion,  these 
BioSID  results  contradict  the  argument  that  use  of 
TTI(d)  would  cause  manufacturers  to  select  overly 
stiff  padding.  A  further  response  to  this  issue,  par- 
ticularly with  respect  to  concerns  about  effects  relat- 
ing to  the  stiffness  and  mass  of  the  SID  chest,  is 
provided  in  the  separate  notice  on  SID. 

Nissan  expressed  concern  that,  in  tests  it  con- 
ducted using  SID  dummies,  the  correlation  trend  for 
door  padding  material  hardness  and  TTI(d)  was 
different  from  the  correlation  trend  for  V*C  and 
chest  compression.  That  company  stated  that  the 
padding  hardness  required  to  minimize  TTI(d)  val- 
ues on  the  one  hand,  and  to  minimize  V*C  and  rib 
deflection  values  on  the  other,  did  not  match.  Nissan 
stated  that  it  thinks  padding  is  effective  for  mini- 
mizing dummy  readings  in  side  impacts,  but  that 
the  appropriate  padding  hardness  has  not  yet  been 
identified. 

NHTSA  notes  that  SID  was  not  designed  to  mea- 
sure V*C  or  rib  deflection.  In  order  for  a  test  dummy 
to  produce  human-like  readings  of  V*C  or  rib  deflec- 
tion, the  dummy  must  have  biofidelity  for  chest 
compression.  However,  SID  was  not  designed  to  have 
biofidelity  for  chest  compression.  It  was  designed  for 
biofidelity  in  measuring  TTI(d),  which  the  agency 
found  to  be  a  measure  strongly  related  to  thoracic 
injury.  Therefore,  the  agency  believes  that  SID  can- 
not be  validly  used  to  develop  a  correlation  trend  for 
V*C  or  rib  deflection. 

Nissan  also  stated  that  it  had  compared  the  TTI  to 
driver  fatality  rates  in  side  impacts  using  1986 
FARS  data  and  did  not  find  a  close  correlation.  Ford 
commented  that  while  NHTSA  had  tested  produc- 
tion cars  with  its  proposed  test  procedure,  it  had  not 
shown  that  the  test  results  are  correlated  with 
human  injuries  in  traffic  accidents  in  those  same 
cars. 

NHTSA  notes  that  it  tried  to  correlate  the  TTI(d) 
from  12  models  it  tested  with  fatality  and  injury 
rates  in  side  impacts,  and  found  a  poor  correlation. 
However,  NHTSA  does  not  believe  that  this  calls  into 
question  the  reliability  of  TTI(d).  Staged  testing 
often  does  not  correlate  well  with  real  world  crashes. 


PART  571;  S214-PRE  19 


With  a  limited  number  of  models  to  compare,  the 
number  of  cases  found  are  small  and  of  differing 
speeds  and  circumstances.  The  chances  of  finding  a 
reliable  correlation  are  thus  very  small. 

The  agency  has,  however,  compared  accident  data 
for  2-door  and  4-door  cars,  which  have  different 
average  TTI(d)  levels,  to  determine  whether  the 
differences  are  reflected  in  the  accident  data.  As 
discussed  in  section  IIIC  of  the  FRIA,  the  average 
driver  TTI(d)  measurements  in  a  2-door  car  are 
about  14  percent  higher  than  in  a  4-door  car,  while 
the  rear  passenger  readings  are  about  14  percent 
lower.  The  results  of  the  2-door/4-door  accident  data 
comparisons  are  directionally  consistent  with  what 
would  be  expected  from  2-door/4-door  TTI(d)  compar- 
isons, and  relatively  close  to  TTI(d)  differences  found 
in  matched  pair  2-door/4-door  side  impact  testing. 
After  adjusting  for  age,  2-door  cars  have  higher 
injury  rates  in  the  front  seat  and  lower  injury  rates 
in  the  rear  seat  than  4-door  cars.  In  this  respect,  test 
results  are  representative  of  real  world  accident 
data. 

Ford  stated  that  it  urged  in  1980  (in  a  comment  on 
a  side  impact  ANPRM)  that  NHTSA  conduct  acci- 
dent reconstruction-restaging  studies  to  relate  field 
injuries  to  dummy  responses  in  simulated  accidents. 
That  company  recommended  at  the  same  time  that 
NHTSA  should  conduct  full  vehicle  dynamic  side 
impact  tests  with  cadavers  on  board  the  target 
vehicle  instead  of  dummies.  Ford  noted  that  the 
cadaver  results  could  then  be  compared  to  accelera- 
tions previously  measured  on  the  SID  to  confirm 
dummy-cadaver  injury  relationships  under  actual 
compliance  conditions.  Ford  stated  that  it  still  be- 
lieves NHTSA  should  perform  such  studies  and  tests 
before  issuing  a  final  side  impact  rule. 

While  NHTSA  does  not  disagree  that  the  testing 
suggested  by  Ford  would  be  relevant,  there  are  limits 
to  how  much  testing  can  be  conducted  to  support  a 
particular  rulemaking.  It  would  be  difficult  and 
expensive  to  conduct  additional  full  scale  vehicle 
tests  with  cadavers  on  board.  NHTSA  notes  that  the 
FAT  tests,  discussed  above,  did  involve  testing  actual 
car  bodies  with  cadavers.  NHTSA  believes  that  the 
results  of  those  tests,  along  with  other  tests,  make 
additional  cadaver  testing  unnecessary.  The  agency 
notes  that  regardless  of  how  many  tests  and  studies 
it  conducts,  it  would  always  be  possible  to  do  more. 
NHTSA  believes  that  the  tests  and  studies  it  has 
conducted  in  support  of  this  rulemaking  are  fully 
adequate. 

2.  Estimated  Benefits  of  the  TTI(d)  Performance 
Criterion 

NHTSA  explained  in  the  NPRM  that,  as  part  of  its 
side  impact  protection  research  program,  it  had 
conducted  20  crash  tests  of  12  production  passenger 
cars  using  the  proposed  test  conditions  and  SID.  To 


evaluate  the  effects  of  meeting  a  specified  thorax 
performance  criterion,  the  agency  analyzed  the  prob- 
ability of  thoracic  injury  for  each  of  the  cars  in  the  20 
tests,  using  the  TTI  and  other  factors,  and  compared 
this  to  the  level  of  injury  that  would  occur  for  each  of 
the  alternative  values  of  the  proposed  TTI(d)  thorax 
criterion.  The  estimated  benefits  for  the  different 
levels  of  the  proposed  TTI(d)  thoracic  injury  criterion 
were  calculated,  based  on  the  assumption  that  the 
production  vehicles  tested  by  NHTSA  were  represen- 
tative of  the  total  fleet  of  new  cars.  That  is,  all  cases 
exceeding  a  particular  chosen  maximum  TTI(d)  were 
reduced  to  the  specified  level,  while  all  vehicles 
having  lower  values  retained  their  original  values. 
Injury  distributions  were  then  recalculated  using 
the  altered  TTI(d)  values. 

Subsequent  to  issuance  of  the  NPRM,  the  agency 
conducted  eight  additional  production  vehicle  tests, 
using  eight  different  models.  One  model  was  also 
tested  by  Transport  Canada.  In  addition,  the  agency 
received,  as  part  of  comments,  test  data  on  25 
additional  models  from  four  different  motor  vehicle 
manufacturers.  NHTSA  notes  that  the  data  from  the 
manufacturers  were  submitted  under  claims  of 
confidentiality. 

In  estimating  benefits,  NHTSA's  FRIA  uses  only 
data  from  those  more  recently  designed  models 
(model  year  1984  and  later).  These  data  include  23 
models,  10  2-door  models  and  13  4-door  models.  The 
FRIA  assumes,  among  other  things,  that  the  23 
models  are  representative  of  the  current  fleet  of 
vehicles  on  the  road  and  of  the  fleet  of  vehicles  that 
will  be  produced  in  the  near  future.  Results,  which 
take  into  account  the  increased  safety  belt  usage 
seen  in  recent  years  and  expected  for  the  future,  are 
shown  in  Tkble  1.  As  with  any  requirements  for  new 
vehicles,  the  benefits  accrue  over  the  10-15  year  life 
of  the  model  year  fleets  affected.  For  additional 
explanation  of  the  data  underlying  Table  1,  see 
Chapter  IV  of  the  FRIA. 

The  methodology  used  in  the  FRIA  for  estimating 
benefits  is  essentially  the  same  as  that  utilized  in 
the  PRIA,  with  some  minor  adjustments.  The  esti- 
mated benefits  are  somewhat  lower  because  they 
rely  on  new  data  from  more  recently  designed  mod- 
els. These  data  indicate  that  the  average  TTI(d)  of 
vehicles  in  the  new  car  fleet  is  lower  than  previous 
data  supporting  the  calculations  in  the  PRIA  sug- 
gested. NHTSA  believes  that  the  new  data  reflect 
the  improvements  by  a  number  of  manufacturers  to 
the  side  impact  protection  of  their  vehicles  over  the 
past  several  years,  while  this  rulemaking  has  been 
progressing. 

3.  Alternative  Thoracic  Injury  Criteria 

General  Motors  has  developed  what  is  known  as 
the  viscous  injury  criterion  (V*C)  for  use  in  analyz- 
ing soft  tissue   injuries  in  frontal   impacts.   This 


PART  571;  S214-PRE  20 


TABLE  1 

THORAX  BENEFITS  FOR  DIFFERENT 

MAXIMUM  LEVELS  OF  TTI(d) 

PERFORMANCE  IN  THE  BASELINE  FLEET 

TWO-DOORS 

FOUR-DOORS 

TOTAL  FLEET           | 

TTI(d) 

AIS  3-5 

FATALS 

AIS  3-5 

FATALS 

AIS  3-5 

FATALS 

80 

1,922 

504 

681 

218 

2,603 

722 

85 

1,714 

450 

399 

117 

2,113 

567 

90 

1,450 

381 

178 

49 

1,628 

430 

95 

1,130 

290 

63 

22 

1,193 

312 

100 

765 

203 

0 

0 

765 

203 

105 

422 

123 

0 

0 

422 

123 

110 

100 

37 

0 

0 

100 

37 

115 

43 

20 

0 

0 

43 

20 

injxory  criterion  is  based  on  the  product  of  the  instan- 
taneous thorax  compression  (C)  and  the  rate  of  thorax 
compression  (V)  that  occurs  during  the  impact. 

In  the  NPRM,  the  agency  stated  that  while  it 
believed  that  the  work  GM  has  done  with  the  V*C 
shows  that  such  an  approach  may  be  promising, 
there  were  insufficient  data  to  support  adopting  V*C 
as  a  criterion  for  assessing  vehicle  safety  in  side 
impacts.  The  agency  also  stated  that  there  were  no 
dummies  designed  with  biofidelity  for  measurement 
of  lateral  V*C.  NHTSA  noted  that,  in  contrast  to  the 
V*C  criterion,  the  agency  has  a  substantial  amount 
of  cadaver  impact  tests  that  indicate  that  TTI(d)  is  a 
reliable  predictor  for  thoracic  injuries,  as  well  as  a 
fully  developed  and  validated  test  dummy. 

Many  commenters  argued  that  a  compression- 
based  injury  criterion,  such  as  V*C  or  rib  deflection, 
would  be  superior  to  TTI(d)  or  other  acceleration- 
based  injury  criteria.  GM  noted  that  acceleration 
has  long  been  used  as  a  criterion  of  some  merit 
because  it  provides  some  indication  of  the  forces 
which  are  imposed  on  the  body.  According  to  that 
company,  however,  more  recent  studies  have  shown 
that  thoracic  compression  is  an  essential  discrimina- 
tor of  injury  potential,  particularly  as  regards  the 
soft  organs  of  the  chest.  GM  stated  that,  in  general, 
the  more  the  chest  is  compressed,  the  greater  the 
potential  for  injury,  particularly  at  low  rates  of 
compression. 

Since  the  NPRM  was  published,  GM  has  contin- 
ued its  work  with  respect  to  V*C,  including  the 
development  of  a  new  dummy,  called  BioSID,  de- 
signed to  measure  chest  compression  and  derive 
V*C.  Also,  GM  conducted  a  series  of  14  cadaver 
tests,  the  results  of  which,  according  to  that  com- 
pany, indicate  that  V*C  relates  closely  to  the  injury 
patterns  observed  with  the  cadavers. 

Ford  commented  that  it  and  others  believe  that 
injury  criteria  based  on  the  compression  of  the  chrst 
diiring  a  crash  impact  have  a  greater  potential  to 


predict  the  likelihood  of  chest  injury  in  a  side  impact 
crash  than  does  TTI(d).  According  to  that  com- 
menter,  the  ability  of  compression-based  injury  cri- 
teria to  predict  injury  has  been  well  substantiated  by 
experiments  with  human  cadavers  and  live  animals, 
and  is  supported  by  biomechanical  theory.  Ford 
stated  that  it  believes  that  some  combination  of 
chest  compression  and  velocity  of  chest  compression 
will  likely  emerge  as  the  most  suitable  criterion. 
That  company  argued  that  NHTSA  should  not  prom- 
ulgate a  final  rule  until  an  injury  criterion  and  test 
device  based  on  chest  compression  is  developed  and 
evaluated. 

After  considering  the  comments,  NHTSA  is  not 
persuaded  that  V*C  or  a  similar  approach  should  be 
used  in  this  rulemaking.  As  discussed  above,  the 
agency  believes  that  TTI(d)  is  a  reliable  predictor  for 
thoracic  injury  and  the  agency  has  a  fully  developed 
and  validated  dummy  for  measuring  the  TTI(d).  The 
data  supporting  V*C  are  much  more  limited  than 
those  supporting  TTI(d).  Also,  while  GM  has  made 
considerable  progress  with  BioSID,  SID  has  been  the 
subject  of  an  NPRM  and  seen  much  wider  use. 
NHTSA  does  not  believe  that  V*C  is  necessarily  any 
better  an  injury  predictor  than  TTI(d)  and  notes  that 
further  work  in  validating  V*C  would  significantly 
delay  the  rulemaking.  Since  TTI(d)  and  SID  are 
ready  now,  and  a  final  rule  specifying  TTI(d)  can 
result  in  significant  safety  benefits,  the  agency  be- 
lieves it  is  appropriate  now  to  go  to  a  final  rule  using 
TTI(d).  If  V*C  or  another  injury  criterion  should 
later  be  shown  to  offer  additional  benefits,  and  to  be 
measurable  by  appropriate  test  dummies,  the  agency 
can  then  consider  specifying  such  a  criterion  in 
addition  to,  or  in  place  of,  TTI(d)  at  that  time. 

B.  Pelvis 

As  discussed  in  the  NPRM,  NHTSA  has  done 
research  to  develop  criteria  to  limit  pelvic  injury  in 
side  impacts.  The  research,  which  has  been  pub- 


PART  571;  S214-PRE  21 


lished  in  a  paper,  "Synthesis  of  Pelvic  Fracture 
Criteria  for  Lateral  Impact  Loading,"  presented  at 
the  Tfenth  International  Ttechnical  Conference  on 
Experimental  Safety  Vehicles,  reviewed  data  from 
the  above-mentioned  84  cadaver  impact  tests  which 
measured  the  acceleration  of  the  pelvis.  As  a  result 
of  that  review,  the  agency  developed  estimates  of  the 
probability  of  pelvic  fracture  for  different  accelera- 
tion levels  measured  in  the  pelvis  of  the  cadavers. 

NHTSA  is  concerned  that  certain  vehicle  design 
modifications  could  reduce  thoracic  response  in  side 
impact  crashes  by  shifting  the  load  path  into  the 
pelvis.  A  pelvic  injury  criterion  was  proposed  to  pre- 
vent the  concomitant  worsening  of  pelvic  protection. 

The  NPRM  explained  that,  in  order  to  evaluate 
the  effects  of  requiring  cars  to  meet  various  maxi- 
mum pelvis  acceleration  levels,  the  agency  esti- 
mated the  probability  of  pelvic  injury  for  each  of  the 
12  production  passenger  cars  that  were  crash  tested 
in  the  agency's  research  programs.  The  agency  then 
calculated  the  expected  benefits  derived  from  having 
vehicles  comply  with  various  limits  on  pelvic  accel- 
eration levels. 

NHTSA's  FRIA  uses  the  same  approach  for  calcu- 
lating benefits  for  the  pelvis.  However,  the  FRIA 
uses  the  above-referenced  data  from  the  23  more 
recently  designed  vehicle  models.  Results,  which 
take  into  account  the  increased  safety  belt  usage 
seen  in  recent  years  and  expected  for  the  future,  are 
shown  in  Tkble  2. 

Tkble  2.— Estimated  Pelvic  Fracture 
Injury  Reduction 


Alternative  levels  of  peak  pelvic 
G's 

Nonfatal 
fractures 

130 

774 

150 

316 

170 

40 

190 

0 

C.  Prohibiting  Door  Openings 

The  potential  benefits  of  requiring  the  doors  to 
remain  closed  during  a  side  impact  consist  of  reduc- 
ing the  number  of  persons  who  are  ejected  from  a  car 
through  a  door  and  strike  an  object  outside  the  car. 
NHTSA  stated  in  the  NPRM  that  its  review  of  the 
results  of  the  12  vehicle  crash  tests  showed  that  a 
door  on  four  of  the  vehicles  opened  during  the  crash. 
The  agency  then  estimated  the  number  of  ejections 
that  occur  in  side  impacts  and  evaluated  the  poten- 
tial effectiveness  of  keeping  the  door  closed  in  reduc- 
ing occupant  deaths  and  injuries.  NHTSA  tested 
eight  additional  models  after  issuing  the  NPRM. 
None  of  the  additional  vehicles  had  a  door  open 
during  the  crash  test. 

The  FRIA  estimates  that  the  requirement  prohib- 


iting door  openings  will  eliminate  14  fatalities 
and  13  serious-to-critical  injuries  each  year.  These 
estimates  take  into  account  the  increased  safety  belt 
usage  seen  in  recent  years  and  expected  for  the 
future.  The  estimated  benefits  are  lower  than  esti- 
mated in  the  PRIA,  based  upon  the  use  of  data  from 
additional  crash  tests.  In  addition,  as  discussed 
below,  the  agency  decided  not  to  include  near-side 
ejections  in  its  benefits  analysis. 

NHTSA  anticipates  that  the  improvements  that 
might  be  made  to  keep  doors  from  opening  during 
the  side  impact  test  would  also  be  of  benefit  in 
frontal,  rear,  or  rollover  crashes,  but  these  potential 
benefits  are  not  included  in  the  FRIA's  estimates. 

Ford  requested  clarification  of  some  of  the  pro- 
posed requirements  prohibiting  door  opening.  The 
proposed  language  for  section  S5.3.2.2  (S4.3.2.2  in 
the  NPRM)  stated  that  neither  the  latch  nor  the 
hinge  systems  of  the  door  shall  separate.  Ford  stated 
that  the  meaning  of  the  word  "separate"  is  unclear. 
That  commenter  asked  what  parts  are  not  to  sepa- 
rate from  one  another.  NHTSA  notes  that  the  mean- 
ing of  the  word  "separate"  is  disengagement  or 
release  from  attachment  and/or  connection.  This 
provision  requires  that  the  latch  must  not  separate 
from  the  striker,  and  the  hinge  components  must  not 
separate  from  each  other  or  from  their  attachment  to 
the  vehicle.  NHTSA  has  modified  the  wording  of  this 
provision  to  make  this  clear. 

The  proposed  language  for  section  S5.3.2.3 
(S4.3.2.3  in  the  NPRM)  stated  that  neither  the  latch 
nor  the  hinge  systems  of  the  door  shall  pull  out  of  the 
anchorage.  Ford  stated  that  the  meaning  of  "the 
anchorage"  is  unclear  That  company  stated  that 
inasmuch  as  at  least  two  components  are  mentioned, 
i.e.,  the  latch  and  the  hinge  systems,  it  is  not  clear  to 
which  component  "the  anchorage"  pertains.  NHTSA 
has  modified  the  wording  of  this  provision  to  state 
that  neither  the  latch  nor  the  hinge  systems  of  the 
door  shall  pull  out  of  their  anchorages.  The  agency 
notes  that  the  word  "anchorage"  refers  to  the  provi- 
sion for  transferring  latch  and/or  hinge  loads  to  the 
vehicle  structure.  The  term  "anchorage"  includes, 
but  is  not  necessarily  limited  to,  the  attachment 
hardware  used  to  attach  these  components  to  the 
vehicle  structure. 

D.  Comments  on  Benefits  Analysis 

NHTSA  received  numerous  comments  arguing 
that  the  benefits  estimated  by  the  agency  were 
overstated.  The  more  significant  comments  are  dis- 
cussed below,  with  the  exception  of  concerns  about 
the  SID,  the  TTI  versus  risk  of  injury  curve,  and  the 
MDB.  While  those  concerns  are  relevant  to  benefits, 
they  are  addressed  elsewhere  in  this  preamble  or  in 
the  separate  notices  addressing  the  SID  and  the 
MDB.   A  more  complete  discussion  of  comments 


PART  571;  S214-PRE  22 


concerning  benefits  is  provided  in  Appendix  IV-A  of 
the  FRIA. 

Many  commenters  argued  that  the  agency  in- 
cluded inappropriate  crashes  or  injuries  in  its  bene- 
fits analysis.  CCMC  argued  that  although  the 
NPRM  was  supposed  to  address  car-to-car  impacts, 
the  injury  data  base  used  by  the  agency  included  all 
types  of  obstacles  with  which  a  car  would  collide. 
That  commenter  stated  that  the  analysis  should 
have  excluded  truck-to-car,  or  car-to-pole/tree  acci- 
dents which  generally  produce  severe-to-fatal  head 
injuries.  GM  also  argued  that  the  agency  should  not 
include  benefits  for  single  vehicle  impacts,  since  this 
is  not  the  focus  of  the  rulemaking. 

NHTSA  included  in  its  benefits  analysis  only 
those  cases  in  which  the  most  serious  injury  oc- 
cvu-red  in  the  chest,  abdomen,  or  pelvis.  Head  inju- 
ries were  not  included.  The  agency  does  not  believe 
that  there  is  any  reason  to  limit  the  benefits  to 
car-to-car  impacts.  The  addition  of  padding  or  struc- 
tiu-e  should  be  of  benefit  to  occupants  no  matter 
what  type  of  vehicle  or  fixed  object  is  impacted. 
NHTSA  notes  that  it  has  conducted  one  set  of  pole 
tests  that  indicated  similar  benefits  from  counter- 
measiu-es  as  in  the  barrier  tests. 

CCMC  expressed  concern,  with  respect  to  direct 
impact  to  the  pelvis,  that  all  near-side  occupants  are 
considered  without  taking  into  account  the  pattern 
and  risk  of  injury  or  whether  the  occupant  is  directly 
hit  or  not  by  the  striking  car.  NHTSA  does  not 
believe  there  is  any  need  to  limit  the  benefits  to 
those  cases  where  the  occupant  compartment  is 
struck  or  to  exclude  those  cases  where  intrusion 
injured  the  occupant.  The  agency  believes  that  the 
countermeasures,  especially  padding,  will  be  just  as 
effective  even  if  the  rear  side  of  the  car  is  struck, 
although  these  impacts  rarely  involve  the  more 
serious  injuries.  In  terms  of  intrusion,  no  benefits 
are  assumed  above  35  mph  delta  V,  which  eliminates 
some  of  the  more  serious  intrusion  cases.  (The  term 
delta  V  refers  to  the  change  in  velocity  experienced 
during  an  impact.  The  delta  V  experienced  by  the 
target  car  during  the  proposed  full  scale  dynamic 
side  impact  crash  test  ranges  from  about  12.5  mph 
for  a  large  car  to  17  mph  for  a  small  car.)  The  new 
requirements  will  limit  injury,  but  not  necessarily 
intrusion,  in  a  fairly  severe  impact.  CCMC  sug- 
gested a  cutoff  at  a  closing  speed  of  18  mph.  The 
agency  believes  that  18  mph  is  too  low  of  a  cutoff. 
NHTSA  has  performed  tests  demonstrating  the  ef- 
fectiveness of  structure  and  padding  countermeas- 
ures as  high  as  21.2  mph  delta  V. 

Ford  stated  that  the  agency  should  not  have  in- 
cluded rollover  and  ejection  crashes  in  the  analysis 
of  thorax/pelvic  injury  benefits.  That  commenter 
stated  that  NASS  data  indicate  that  20  percent  of 
car  occupants  with  moderate  or  worse  injury  in  side 


impacts  were  ejected  from  the  car,  and  that  an 
additional  seven  percent  of  these  occupants  were 
involved  in  a  rollover  but  not  ejected.  Ford  argued 
that  these  27  percent  should  not  have  been  included 
in  the  agency's  benefits  analysis. 

NHTSA's  benefits  analysis  examines  the  most 
severe  injury  to  the  occupant  by  injury  source  and 
includes  only  those  chest,  abdominal,  upper  arm  and 
shoulder  injxiries  that  resulted  from  contact  with  the 
interior  door  or  door  hardware/armrest.  All  occu- 
pants that  suffered  their  most  severe  injury  outside 
of  the  car  are  excluded  from  the  benefits  analysis 
because  the  countermeasures  that  will  be  imple- 
mented in  response  to  this  rule  will  only  benefit 
occupants  who  remain  in  the  struck  car.  Occupants 
who  were  involved  in  a  rollover  but  not  ejected  are 
included  if  they  had  injuries  to  the  chest,  abdomen, 
upper  arm  or  shoulder  that  resulted  from  contact 
with  the  interior  door  or  door  hardware/armrest.  Tb 
the  extent  that  padding  is  the  countermeasvire  uti- 
lized, NHTSA  believes  that  these  occupants  would 
benefit  from  the  padding.  While  it  is  not  as  clear 
whether  such  occupants  would  get  the  same  level  of 
benefits  from  structural  changes,  this  group  of  occu- 
pants is  a  very  small  part  of  the  target  population. 

Ford  also  argued  that  near-side  ejections  should 
not  be  included  in  the  analysis  of  door  retention 
benefits.  That  company  stated  that  the  proposed 
dynamic  side  impact  test  confirms  door  retention  on 
the  far  side  only,  since  the  near  side  door  is  pinned  in 
by  the  barrier  and  cannot  open.  The  agency's  origi- 
nal analysis,  however,  considered  benefits  for  all 
door  ejections.  After  considering  Ford's  comment, 
NHTSA  decided  to  take  a  conservative  position  on 
this  issue  and  exclude  the  near  side  ejections  from 
its  benefits  calculations  for  reducing  side  door  open- 
ings. Since  the  side  impact  test  procedure  does  not 
represent  an  oblique  collision,  where  the  corner  of  a 
striking  vehicle  could  impact  one  edge  of  the  door, 
causing  the  other  end  to  open,  manufacturers  will 
not  be  required  to  design  for  such  a  collision.  That 
change  is  reflected  in  the  FRIA's  benefits  estimates 
cited  above.  However,  although  the  near  side  door  is 
trapped  shut  in  the  test,  the  agency  believes  that  a 
small  amount  of  benefits  due  to  reduced  ejections  are 
likely  to  result  from  the  upgrading  of  hinges  and 
latches,  in  near  side  crashes  where  the  occupant's 
door  is  not  trapped  shut. 

NHTSA  also  received  a  number  of  comments  crit- 
icizing its  benefits  analysis  for  reasons  other  than 
the  merits  of  including  particular  types  of  crashes  or 
injuries.  GM  argued  that  NHTSA  had  incorrectly 
assumed  a  constant  countermeasure  effectiveness  at 
all  crash  severities.  That  commenter  stated  that 
padding  does  not  have  the  same  effectiveness  at  all 
speeds.  According  to  GM,  padding  that  is  designed 
for  a  range  of  impacts  will  be  less  effective  at  speeds 


PART  571;  S214-PRE  23 


below  the  range  because  all  of  its  energy  abso/ption 
potential  will  not  be  used.  At  higher  speeds  it  will  be 
less  effective  because  the  padding  can  "bottom-out" 
before  the  impact  is  complete.  GM  also  argued  that 
the  severity  of  the  proposed  crash  test  is  too  severe  to 
address  the  greatest  number  of  injury  exposures. 
According  to  that  company,  the  proposed  crash  test 
discourages  countermeasures  which  could  be  more 
effective  at  lower  impact  speeds,  where  a  greater 
number  of  injuries  occur. 

NHTSA  notes  that,  as  discussed  in  the  FRIA, 
available  data  indicate  the  same  countermeasure 
effectiveness  at  delta  V's  from  13.3  mph  to  21.2  mph. 
Most  injuries  occur  below  21  mph  delta  V.  The 
agency  assumed  no  effectiveness  above  35  mph  delta 
V.  While  effectiveness  may  vary  somewhat  for  differ- 
ent speeds,  the  agency  does  not  have  any  data  to 
make  specific  adjustments.  Thus,  NHTSA  implicitly 
assumes  that  the  differences  in  effectiveness,  some 
higher  and  some  lower,  would  balance  out  over  the 
range  of  injuries.  NHTSA  did  not  select  a  lower 
speed  because  it  wants  to  reduce  the  incidence  of  the 
most  severe  injuries  and  fatalities,  rather  than 
merely  reducing  the  incidence  of  minor  injuries  such 
as  bruised  ribs. 

GM  also  argued  that  because  many  fatalities 
involve  very  high  speed  impacts  and  significant 
deformations  of  side  structures,  about  70  percent  of 
the  nearside  occupant  fatalities  that  result  from 
chest  and  abdominal  injuries  are  unpreventable  by 
practical  design  changes.  NHTSA  believes  that  this 
estimate  is  overly  high.  In  the  agency's  1984  analy- 
sis of  the  potential  benefits  of  automatic  restraints, 
about  40  percent  of  all  fatalities  were  believed  to  be 
unsurvivable  with  any  restraint  system.  These  un- 
survivable  cases  had  either  catastrophic  intrusion 
into  the  passenger  compartment  or  delta  V  greater 
than  45  mph.  While  the  percentage  could  be  higher 
in  side  impact  crashes,  the  agency  does  not  believe 
that  it  would  approach  70  percent.  The  FRIA,  in 
Appendix  FV-A,  evaluates  available  NASS  data  as  a 
test  of  GM's  70  percent  estimate.  The  agency  exam- 
ined cases  cited  by  GM  and  other  cases  with  similar 
delta  V's  and  compartment  intrusion.  In  those  cases, 
NHTSA  found  that  there  were  more  survivors  than 
fatalities.  Thus,  NHTSA  disagrees  with  GM's  asser- 
tion that  70  percent  of  the  cases  in  this  category  are 
unsurvivable. 

GM  also  cited  a  hypothetical  benefits  comparison 
in  support  of  its  contention  that  the  agency  overes- 
timated benefits.  That  company  argued  that  if  side 
improvements  are  20  percent  as  effective  as  air  bags 
are  in  frontal  impacts  (assumed  to  be  30  percent 
effective),  then  only  96  fatal  chest  and  abdominal 
injuries  in  multi-vehicle  side  impacts  could  be  pre- 
vented. NHTSA  does  not  agree  with  GM's  assump- 
tion that  air  bags  are  only  30  percent  effective  in 


frontal  impacts.  The  agency  has  previously  esti- 
mated that  air  bags  are  20  to  40  percent  effective 
overall.  Since  overall  air  bag  effectiveness  derives 
principally  from  frontal  impacts,  which  represent 
about  50  percent  of  fatalities,  NHTSA  estimates  air 
bag  effectiveness  to  be  40  to  80  percent  in  frontal 
impacts.  Also,  GM  did  not  offer  any  basis  for  its 
assumption  that  side  improvements  will  be  only  20 
percent  as  effective  as  air  bags.  Thus,  NHTSA  does 
not  agree  with  GM's  analysis. 

CCMC  commented  that  NHTSA's  estimation  of 
benefits  does  not  take  into  account  the  age  of  occu- 
pants. However,  contrary  to  that  commenter's  belief, 
occupant  age  is  included  in  the  analysis  by  including 
the  probability  of  occupant  thoracic  injury  by  age 
and  by  weighting  occupants  in  side  impacts  by  age. 

VI.  Test  Procedure 

A.  Speed,  Angle  and  Point  of  Impact 

In  developing  the  NPRM,  the  agency  examined 
the  data  in  the  National  Crash  Severity  Study 
(NCSS)  to  establish  the  appropriate  impact  veloci- 
ties and  impact  point  to  be  used  in  the  Standard  No. 
214  crash  test.  By  using  the  NCSS  data,  NHTSA 
determined  the  median  speed  of  side  impact  acci- 
dents (26  mph  striking  vehicle/ 13  mph  struck  vehi- 
cle), and  the  median  speed  of  accidents  that  caused 
serious  injuries  or  death  (35  mph/17.5  mph).  Based 
on  its  analysis  of  accident  data  and  its  judgment 
about  the  threshold  speed  of  serious  injury  acci- 
dents, NHTSA  tentatively  decided  that  the  thresh- 
old speed  of  serious  injury  (30  mph/15  mph)  was  the 
most  appropriate  test  speed. 

The  agency  also  reviewed  the  angle  of  orientation 
between  the  longitudinal  axis  of  the  striking  and 
struck  vehicles  and  determined  that  90  degree  im- 
pacts were  the  most  frequent.  In  view  of  the  poten- 
tial difficulty  of  conducting  tests  in  which  both  the 
target  and  striking  vehicles  are  moving  and  in 
which  the  first  contact  must  be  made  at  a  specified 
location  on  the  target  vehicle,  NHTSA  devised  a  test 
in  which  only  the  striking  "vehicle"  is  moving. 
Using  vector  analysis,  the  agency  combined  the 
impact  speed  and  impact  angle  and  determined  that 
the  dynamics  and  forces  of  a  crash  in  which  a  vehicle 
traveling  at  30  mph  perpendicularly  striking  the 
side  of  a  vehicle  traveling  at  15  mph  could  be 
represented  by  a  test  configuration  in  which: 

•  the  test  vehicle  is  stationary; 

•  the  longitudinal  centerline  of  the  moving  de- 
formable  barrier  (MDB)  is  perpendicular  to  the  lon- 
gitudinal centerline  of  the  test  vehicle; 

•  the  front  and  rear  wheels  of  the  MDB  are 
"crabbed"  at  an  angle  of  27  degrees  to  the  right  of  its 


PART  571;  S214-PRE  24 


longitudinal  centerline  in  a  left  side  impact  an  J  to 
the  left  of  that  centerline  in  a  right  side  impact;  and 

•  the  MDB  moves  at  that  angle  and  at  a  speed  of 
33.5  mph  into  the  side  of  the  struck  vehicle. 

NHTSA  examined  crashes  involving  serious  to 
fatal  injuries  to  determine  the  median  value  of  the 
impact  points.  The  impact  reference  point  describes 
the  relative  positions  of  the  striking  vehicle  and  the 
struck  vehicle  at  the  time  of  impact.  In  particular, 
the  agency  defined  the  impact  reference  point,  for 
the  purpose  of  a  left  side  impact,  as  the  position  of 
the  left  forward  edge  (corner)  of  the  striking  vehicle 
when  contact  is  first  made  with  the  left  side  of  the 
struck  vehicle.  This  definition  is  based  on  crash  data 
which  included  documentation  of  the  damage  that 
occurred  to  the  side  of  the  struck  vehicle.  A  value  of 
37  inches  forward  of  the  center  line  of  the  wheelbase 
of  the  struck  vehicle  was  determined.  This  means 
that  for  a  left  side  impact,  the  left  edge  of  the 
striking  vehicle  would  be  37  inches  forward  of  the 
mid-point  of  the  wheelbase  of  the  struck  vehicle  at 
the  time  of  initial  contact. 

GM  argued  that  the  proposed  impact  speed  is  too 
severe.  According  to  that  commenter,  designing  a 
door  for  a  test  at  30  mph  may  provide  only  limited 
improvement  at  some  other  speeds,  and  will  provide 
diminished  protection  at  the  lower  speeds  at  which 
most  preventable  injuries  occur.  That  company  ar- 
gued that  the  importance  of  impact  speed  is  en- 
hanced by  its  findings  that  older  people  are  overrep- 
resented  in  side  impact  injury  statistics.  GM  noted 
that  impact  tolerance  for  older  occupants  is  lower  at 
all  speeds  than  it  is  for  younger  occupants,  and 
stated  that  it  follows  that  the  use  of  softer  energy 
absorption  materials  should  be  considered. 

NHTSA  disagrees  with  GM's  argument  that  the 
proposed  test  impact  speed  is  too  severe.  As  indi- 
cated above,  the  basis  for  the  proposed  test  impact 
speed  is  NCSS  crash  data,  and  the  proposed  test 
condition  represents  one  of  the  most  predominant 
real  world  crash  conditions.  The  30/15  mph  velocity 
combination  represents  a  crash  severity  associated 
with  a  15  percent  probability  of  sustaining  a  serious- 
to-fatal  thorax  injury.  Therefore,  this  test  condition 
is  realistic. 

Countermeasures  designed  for  the  30  mphyi5  mph 
condition  will  likely  have  positive  effectiveness  over 
the  range  of  impact  speeds.  For  example,  as  noted 
above,  available  data  indicate  the  same  countermea- 
sure  effectiveness  at  delta  V's  from  13.3  mph  to  21.2 
mph.  The  purpose  of  proposed  side  impact  require- 
ments is  to  prevent  serious  injuries  and  fatalities, 
rather  than  to  address  minor  injuries.  If  the  agency 
selected  too  low  a  test  speed,  the  countermeasures 
used  by  manufacturers  might  not  be  effective  at  the 
higher  speeds  where  more  serious  injuries  are  likely. 
For  example,  if  very  soft  padding  were  selected,  the 


padding  would  likely  "bottom  out"  in  a  moderate 
impact  and  provide  little  protection. 

NHTSA  also  does  not  agree  that  the  proposed  test 
speed  would  lead  to  countermeasures  that  are  inap- 
propriate for  older  occupants.  As  discussed  above, 
any  padding  that  is  added  to  a  car  to  reduce  TTI(d) 
would  clearly  be  less  stiff  than  the  interior  of  the  car 
door  and  make  a  contribution  to  improving  occupant 
safety  for  persons  of  all  ages. 

Numerous  commenters  objected  to  the  crabbed 
wheel  test  condition,  arguing  that  a  perpendicular 
MDB  impact  would  be  less  complex  and  introduce 
less  test  variability.  Commenters  also  indicated  that 
a  perpendicular  impact  would  promote  harmoniza- 
tion, since  Europe  and  Japan  are  investigating  that 
test  condition. 

GM  stated  that,  based  upon  MVMA  crash  tests, 
the  crabbed  configuration  does  not  affect  dummy 
responses  significantly.  That  company  expressed 
concern  that  when  the  MDB  strikes  the  test  vehicle, 
it  slides  some  distance  along  its  side  before  appre- 
ciable deformation  occurs.  GM  argued  that  in  the 
interest  of  eliminating  what  it  considered  a  needless 
artifact  which  compromised  objectivity,  a  perpendic- 
ular impact  collision  simulation  should  be  used. 

Ford  argued  that  the  dynamic  effects  influencing 
the  kinematics  of  the  struck  car  resulting  from  the 
crabbed  motion  of  the  barrier  happen  only  after  the 
dummy's  maximum  accelerations  have  been  re- 
corded and  have  no  effect  on  chest  or  pelvic  acceler- 
ation or  on  chest  compression.  That  commenter 
stated  that  uncrabbed  perpendicular  impact  at  30 
mph  by  the  barrier  would  produce  essentially  the 
same  results  without  the  complication  of  accurately 
driving  the  barrier  in  crabbed  motion.  Ford  also 
argued  that  eliminating  the  crabbed  motion  of  the 
barrier  would  reduce  test-to-test  variability  and  pro- 
mote international  harmonization  of  side  impact 
regulations,  as  well  as  simplify  mathematical  mod- 
eling of  the  crash  test  during  vehicle  design  and 
development. 

As  indicated  above,  in  typical  real-world  side  im- 
pacts, both  vehicles  are  moving.  In  order  to  make  the 
proposed  crash  test  as  representative  as  possible,  the 
agency  wanted  to  simulate  that  condition.  Recogniz- 
ing the  difficulties  associated  with  having  more  than 
one  vehicle  moving  in  a  crash  test,  the  agency 
proposed  a  test  that  would  represent  that  condition 
without  requiring  movement  of  both  vehicles.  Given 
that  the  test  car  remains  stationary,  the  crabbed 
wheel  test  condition  is  more  representative  of  real- 
world  side  impacts  than  a  perpendicular  test.  In 
particular,  the  crabbed  configuration  produces  lon- 
gitudinal loading  on  the  struck  vehicle,  as  would 
happen  if  both  vehicles  were  moving.  Therefore, 


PART  571;  S214-PRE  25 


NHTSA  does  not  believe  that  this  proposed  test 
condition  should  be  changed,  absent  strong  rr^asons. 

An  additional  reason  to  maintain  the  crabbed 
wheel  condition  is  that  it  facilitates  testing  side 
impact  protection  for  both  the  front  and  rear  seating 
positions  in  a  single  test.  If  the  MDB  were  used  in  a 
perpendicular  mode,  a  smaller  area  of  the  target  car 
would  be  struck,  and  separate  tests  might  be  needed 
to  assess  front  and  rear  performance. 

NHTSA  is  not  persuaded  from  the  comments  that 
the  crabbed  wheel  test  is  difficult  to  run  or  intro- 
duces significant  variability.  The  procedural  steps 
for  running  a  crabbed  wheel  test  or  non-crabbed 
wheel  test  are  essentially  the  same,  and  NHTSA  and 
a  number  of  manufacturers  have  successfully  con- 
ducted crabbed  wheel  tests.  Indeed,  NHTSA  is  aware 
of  over  100  side  impact  tests  conducted  around  the 
world.  The  agency  has  little  data  to  compare  the 
variability  of  crabbed  versus  non-crabbed  test  condi- 
tions. However,  the  agency  is  satisfied  with  repeat- 
ability of  the  crabbed  test  condition.  NHTSA  notes 
that  in  May  1990,  Ford  provided  data  from  a  recently 
completed  side  impact  crash  test  program  conducted 
to  evaluate  variability  in  test  results.  The  study 
consisted  of  crashing  six  similar  Ford  Taurus  vehi- 
cles using  the  proposed  dynamic  test  procedure, 
including  crabbed  wheels.  The  data  show  that  the 
crabbed  test  procedure  is  very  repeatable. 

Ford  stated  that  many  test  facilities,  including  its 
own,  cannot  pull  a  crabbed  cart  through  its  center  of 
gravity  during  guided  travel.  That  company  stated 
that  this  creates  a  greater  tendency  for  a  crabbed 
cart  to  deviate  from  its  assigned  path  during  the 
coast  phase,  increasing  impact  point  variability. 
However,  NHTSA  has  not  experienced  this  problem 
at  any  of  its  contractor  facilities. 

Some  commenters  suggested  that  NHTSA  specify 
a  different  impact  point,  the  R-point  (projection  of 
the  dummy's  H-point),  which  is  used  in  the  Euro- 
pean test  procedure.  GM  stated  that  the  impact 
point  proposed  by  NHTSA  is  one  of  many  which 
could  be  selected  that  are  similarly  credible,  and 
suggested  that  specification  of  the  R-point  would 
promote  international  harmonization.  EEVC  stated 
that  the  R-point  was  selected  for  the  European  test 
procedure  based  on  an  accident  survey  conducted  in 
France.  That  commenter  believed  that  the  R-point 
would  be  the  most  effective  in  the  United  States  as 
well. 

NHTSA  compared  center  line  of  the  barrier  and 
the  proposed  impact  point  in  its  procedure  to  the 
European  R-point.  The  agency  found  that  the  Euro- 
pean R-point  was  generally  behind  the  center  line  of 
the  barrier  and  the  proposed  impact  point.  Thus,  if 
NHTSA  were  to  specify  the  R-point  as  the  impact 
point,  with  the  crabbed  procedure,  the  barrier  would 


not  engage  the  A-pillars  of  some  vehicles  and  would 
not  cause  a  full  impact  loading  of  the  dummy. 

The  agency  believes  that  its  proposed  impact  point 
is  well-justified.  For  a  further  discussion  of  the  basis 
for  the  proposed  point,  see  Chapter  III,  section  A. 8  of 
the  FRIA.  NHTSA  agrees  with  GM  that  the  proposed 
impact  point  is  one  of  several  which  could  have  been 
selected.  The  agency  does  not  believe  that  selecting 
the  R-point  would  have  any  impact  on  international 
harmonization,  given  other  more  significant  differ- 
ences between  the  new  Standard  No.  214  test  proce- 
dure and  the  European  procedure.  For  example, 
harmonizing  on  the  precise  impact  point  would  not 
provide  any  meaningful  benefits  when  very  different 
moving  barriers  are  specified.  In  addition,  different 
impact  points  may  affect  test  results.  Therefore,  one 
reason  not  to  change  the  impact  point  is  that  such  a 
change  could  reduce  the  value  of  the  many  side 
impact  tests  which  have  been  conducted  to  date,  for 
compliance  and  other  purposes.  Since  NHTSA  does 
not  see  any  reason  to  specify  the  R-point,  it  is  not 
making  that  change. 

NHTSA  has  decided  to  make  one  minor  change  to 
the  proposed  impact  point.  Since  the  impact  point  is 
based  on  the  center  line  of  the  wheel  base  of  the 
struck  car,  NHTSA  is  concerned  that  the  impact 
point  for  cars  with  very  long  wheel  bases  might  be 
too  far  toward  the  rear  of  the  car.  This  could  result  in 
the  front  dummy/door  impact  occurring  after  the 
barrier  has  slid  past  the  dummy,  with  the  dummy 
not  experiencing  the  full  impact.  The  largest  car 
NHTSA  has  tested  in  its  side  impact  test  program 
had  a  wheel  base  of  114  inches.  For  that  vehicle,  the 
impact  point  was  20  inches  behind  the  front  axle. 
For  cars  with  wheelbases  greater  than  114  inches, 
the  agency  has  decided  to  specify  that  the  leading 
edge  of  the  MDB  make  initial  contact  20  inches 
behind  the  front  axle.  This  will  ensure  that  the 
impact  point  is  not  too  far  back,  relative  to  the  front 
seat. 

Ford  and  BMW  provided  very  different  comments 
concerning  impact  point  tolerance.  Ford  argued  that 
impact  point  tolerance  is  very  important  since  the 
test  results  are  significantly  affected  by  whether  the 
MDB  contacts  or  misses  the  A-pillar.  That  com- 
menter stated  that  while  the  NPRM  did  not  specify 
an  impact  point  tolerance,  other  agency  documents 
specify  +  3  inches.  Ford  argued  that  this  should  be 
reduced  to  ±  1  inch.  According  to  that  company,  a 
+  3  inch  tolerance  is  believed  to  contribute  to  what  it 
considers  to  be  an  unacceptable  level  of  rear  seat 
dummy  response  variability.  Ford  argued  that  a 
lower  impact  point  tolerance  could  reduce  test-to- 
test  variability. 

BMW  argued  for  a  larger  impact  point  tolerance, 
on  the  order  of  magnitude  of  +  5  inches.  That  com- 
menter stated  that  the  MDB,  because  its  wheels  are 


PART  571;  S214-PRE  26 


crabbed  and  it  is  accelerated  on  a  long  path,  cannot 
realistically  be  exactly  aligned  with  the  impact 
point  at  the  moment  of  impact  due  to  yaw  forces 
acting  on  the  barrier  during  its  acceleration  run. 
BMW  stated  that  this  is  especially  true  in  view  of 
the  fact  that  the  wheels  must  be  individually  ad- 
justed to  achieve  a  barrier  orientation  within  a 
permitted  tolerance  of  +1°,  with  respect  to  the  27° 
impact  angle. 

As  a  general  matter,  NHTSA  agrees  with  Ford 
that  tolerances  should  be  as  small  as  possible,  in 
order  to  keep  variability  as  low  as  possible.  In 
establishing  tolerances,  however,  the  agency  must 
also  take  into  account  the  fact  that  too  small  toler- 
ances may  have  the  effect  of  invalidating  test  re- 
sults, if  the  actual  impact  point  falls  outside  the 
specified  tolerance.  NHTSA  has  reviewed  recently- 
conducted  testing  and  believes  that  a  tolerance  of 
+  2  inches  is  readily  obtainable  with  current  testing 
protocol.  In  response  to  Ford's  comment,  the  agency 
has  therefore  decided  to  specify  a  tolerance  of  ±2 
inches,  instead  of  +3  inches.  This  tolerance  is  set 
forth  in  section  S6.12.  The  agency  is  not  adopting  a 
higher  tolerance,  as  suggested  by  BMW,  because  a 
higher  tolerance  would  unnecessarily  increase  test 
variability.  The  agency  is  not  adopting  a  tolerance  as 
low  as  +  1  inch,  as  suggested  by  Ford,  because  such 
a  low  tolerance  could  be  difficult  to  meet  and  could 
have  the  effect  of  invalidating  test  results. 

GM  expressed  concern  that  impact  point  repeat- 
ability may  be  difficult  to  achieve  because  MDB 
tracking  is  influenced  by  tire  pressure.  According  to 
that  company,  the  MDB  tends  to  bounce  to  one  side 
of  the  tow  system  when  the  tire  pressure  exceeds  30 
psi.  GM  stated  that  this  could  result  in  the  center  of 
the  MDB  striking  the  vehicle  at  a  point  more  than 
foiu-  inches  away  from  the  intended  impact  point. 
That  company  did  not  provide  any  data  in  support  of 
its  concern  about  this  issue. 

NHTSA  notes  that  one  of  the  MDB  assembly 
drawings  specifies  that  tire  pressure  is  to  be  main- 
tained at  32  psi.  Except  for  the  last  few  feet,  the 
MDB's  position  relative  to  the  struck  vehicle  is 
controlled  by  a  rail.  As  discussed  in  the  FRIA,  the 
agency  has  conducted  28  full  scale  production  vehi- 
cle tests,  in  addition  to  many  research  tests,  with 
tires  at  32  psi.  The  agency  has  not  had  difficulty 
achieving  repeatability  of  the  impact  point.  In  addi- 
tion, MVMA  conducted  16  Ford  LTD  tests  and  Trans- 
port Canada  conducted  four  tests  using  the  agency's 
test  procedure  with  tires  at  32  psi  without  impact 
point  variability  problems.  Given  the  agency's  expe- 
rience and  that  of  MVMA  and  Transport  Canada, 
and  the  lack  of  data  in  support  of  GM's  position, 
NHTSA  is  not  persuaded  that  there  is  a  problem 
with  respect  to  impact  point  variability. 


B.  Alternative  Composite  Test  Procedure 

In  the  NPRM,  the  agency  noted  that  component 
test  procedures  may  eventually  be  possible  alterna- 
tives to  full  scale  crash  tests.  The  agency  reviewed 
some  of  the  work  that  has  been  conducted  in  this 
area  and  indicated  that,  while  it  believed  the  concept 
needs  additional  research,  it  encouraged  the  further 
development  of  this  approach.  NHTSA  specifically 
solicited  comments  on  this  subject. 

Numerous  commenters,  including  U.S.,  European 
and  Japanese  manufactiu^ers,  argued  that  the 
agency  should  not  adopt  a  full  scale  crash  test  but 
instead  pursue  a  laboratory  compliance  procedure 
such  as  the  European  Composite  Test  Procedure 
(CTP).  The  CTP  was  developed  by  Volkswagen  and 
proposed  by  CCMC  in  Europe.  It  is  based  on  the 
concept  of  using  a  mathematical  model  to  predict 
human  response  to  vehicle  crashes.  The  CTP  utilizes 
a  three-step  quasi-static  crush  of  the  inner  and  outer 
side  surfaces  of  a  vehicle,  combined  with  a  lumped, 
two-mass  computer  model  of  the  occupant  to  simu- 
late the  full  scale  crash  and  to  predict  injury  risk. 

Commenters  argued  that  the  CTP  offers  several 
advantages  over  a  full  scale  crash  test.  These  include 
potentially  lower  costs,  the  ability  to  use  CTP  early 
in  the  design  process  of  a  vehicle,  and  greater 
opportunity  for  harmonization. 

After  considering  the  comments,  NHTSA  believes 
that  neither  the  CTP,  nor  a  similar  approach  is 
appropriate  for  this  rulemaking.  The  CTP  is  a  rela- 
tively new  test  procedvire  that  is  still  in  its  develop- 
mental and  validation  stages.  NHTSA  believes  that 
it  would  take  at  least  several  years  to  complete  the 
development,  validation  and  evaluation  of  this  ap- 
proach. The  pursuit  of  this  approach  as  an  alterna- 
tive to  the  full  scale  crash  test  proposed  by  NHTSA 
would  thus  result  in  at  least  a  several  year  delay  in 
improved  side  impact  protection,  a  consequence  that 
the  agency  does  not  consider  acceptable.  Moreover, 
NHTSA  believes  that  a  full  scale  crash  test  is  the 
best  means  of  testing  the  real  world  performance  of 
a  vehicle. 

C.  Dummy  Seating  Procedure  and  Use  of  Safety 
Belts 

NHTSA  proposed  detailed  procedures  for  position- 
ing the  SID  in  crash  tests.  Among  other  things,  the 
agency  proposed  that  a  test  dummy  be  restrained 
diu-ing  a  test  only  if  that  dummy  is  located  in  a 
seating  position  that  is  equipped  with  an  automatic 
safety  belt.  This  provision  was  proposed  because, 
although  belt  usage  is  increasing  as  a  result  of  the 
passage  of  mandatory  use  laws  and  a  growing  aware- 
ness of  safety  on  the  part  of  consumers,  restraint 
usage  is  unlikely  to  reach  100  percent.  NHTSA 
indicated  that  it  desired  to  assure  protection  for 
unrestrained  occupants.  The  agency  noted  in  the 


PART  571;  S214-PRE  27 


NPRM  that  recent  accident  data  analyses  ind'cate 
that  belt  restraints  may  be  somewhat  beneficial  in 
side  impacts. 

The  agency  also  noted  that  the  unrestrained 
dummy  is  generally  propelled  to  the  far  side  of  the 
vehicle  in  a  side  impact  test,  thus  creating  the 
potential  of  causing  the  far  side  door  to  open.  Leav- 
ing the  dummy  unrestrained  would  thus  aid  in 
evaluating  the  capability  of  the  far  side  door  to 
remain  closed  during  a  side  impact  crash.  The 
agency  specifically  sought  comments  on  whether 
and  why  compliance  testing  should  be  conducted 
with  restrained  or  unrestrained  dummies. 

Numerous  commenters  argued  that  test  dummies 
should  be  restrained  whenever  any  type  of  safety 
belt  is  provided.  Some  commenters  argued  that 
safety  belt  use  is  a  more  representative  test  condi- 
tion. Volvo  argued  that  tests  with  belts  would  better 
simulate  reality,  noting  that  the  PRIA  estimated 
belt  use  to  range  between  40  and  70  percent  in  1995. 
Honda  commented  that  safety  belt  use  is  represen- 
tative of  recommended  use  conditions,  that  both 
government  and  manufacturers  are  strongly  recom- 
mending usage  of  safety  belts,  and  that  many  states 
now  enforce  mandatory  use  laws.  Ford  stated  that 
testing  with  all  dummies  restrained  is  consistent 
with  the  widespread  adoption  of  mandatory  usage 
laws  and  other  activities  intended  to  encourage  belt 
use  in  the  United  States.  That  company  expressed 
concern  that  by  testing  without  belts,  NHTSA  could 
send  a  message  to  consumers  that  belt  use  is  unim- 
portant. Ford  also  expressed  concern  that  the  pro- 
posed test  condition  encourages  installation  of  auto- 
matic belts  instead  of  air  bags,  since  a  test  dummy 
would  be  restrained  only  in  a  seating  position  for 
which  there  is  an  automatic  belt  restraint. 

Some  commenters  argued  that  leaving  a  test 
dummy  unrestrained  would,  in  any  event,  not  have  a 
significant  effect  on  the  injury  criteria.  Volvo  stated 
that  its  testing  shows  that  the  belt  is  loaded  late  in 
the  crash  event  at  a  time  when  the  injury  criteria 
maximum  has  already  been  reached.  Austin  Rover 
stated  that  the  impact  of  the  dummy  on  the  far  side 
of  the  vehicle  would  not  likely  cause  the  door  to 
open,  since  the  dummy  does  not  strike  the  door  with 
sufficient  force  to  open  a  door  which  has  not  un- 
latched, and  any  other  unlatching  forces  or  acceler- 
ations would  have  diminished  before  the  dummy  had 
traveled  across  the  vehicle. 

Honda  argued  that  use  of  the  unrestrained 
dummy  is  not  a  satisfactory  way  to  evaluate  opening 
of  the  far  side  door  That  company  stated  that  the 
unrestrained  dummy  is  not  always  propelled  and 
does  not  always  impact  the  far  side  door  in  a  side 
impact  test,  and  that  it  is  unclear  how  the  dummy 
impact  affects  door  opening. 

Ford  commented  that  the  use  of  the  restraint 


system  during  testing  reduces  the  potential  for 
dummy  damage  resulting  from  adverse  dummy  ki- 
nematics after  the  dummy/car  side  interior  interac- 
tions are  completed.  IIHS,  however,  argued  that  test 
dummies  should  not  be  restrained  even  for  some 
types  of  automatic  belts,  since  the  usage  of  some 
such  belts  is  relatively  low. 

After  considering  the  comments,  NHTSA  has  de- 
cided to  specify  use  of  all  available  belt  restraints  in 
side  impact  testing.  The  agency  is  persuaded  that 
since  the  side  impact  test  dummy  accelerations  used 
to  calculate  the  TTI(d)  and  pelvic  injury  criteria 
occur  before  the  belt  system  tightens  to  restrain  the 
occupant,  belt  use  or  non-use  does  not  make  a 
significant  difference  with  respect  to  the  test  crite- 
ria. The  agency  also  believes  that  the  use  of  all 
available  safety  belts  is  most  consistent  with  its  belt 
use  policy  and  with  state  belt  use  laws.  Finally, 
given  increased  belt  usage,  the  agency  believes  that 
use  of  all  available  belts  is  more  representative  of 
the  real  world. 

NHTSA  received  a  number  of  other  comments 
concerning  the  proposed  dummy  positioning  proce- 
dure. GM  stated  that  three  of  the  proposed  require- 
ments cannot  be  met  simultaneously.  These  include 
placing  the  adjustable  seat  back  in  the  manufactur- 
er's recommended  position,  keeping  the  dummy's 
head  level,  and  resting  the  dummy's  upper  torso 
against  the  seat  back.  GM  stated  that,  for  its  tests,  it 
considered  the  most  important  requirement  to  be 
that  the  head  remain  level.  It  stated  that  to  do  this, 
the  upper  torso  was  placed  against  the  seat  back, 
and  the  seat  back  angle  was  adjusted  until  the 
dummy  head  was  level. 

NHTSA  agrees  that  the  three  conditions  cited  by 
GM  cannot  be  met  simultaneously.  The  agency  notes 
that  keeping  the  dummy's  head  level  was  not  in- 
cluded in  the  proposed  dummy  positioning  proce- 
dure, as  corrected  in  a  Federal  Register  notice  pub- 
lished on  March  17,  1988  (53  FR  8782).  Since  the 
purpose  of  the  dynamic  side  impact  crash  test  proce- 
dure is  to  evaluate  thoracic  and  pelvic  protection, 
NHTSA  believes  that  the  pelvic  angle  is  more  impor- 
tant for  assessing  thoracic  and  pelvic  protection  than 
is  a  head  leveling  requirement.  The  agency  therefore  is 
not  adopting  the  head  leveling  specification. 

Ford  commented  that  further  clarification  is 
needed  concerning  positioning  of  dummies  in  the 
rear  seat.  That  company  noted  that,  under  the 
proposal,  if  possible,  the  rear  dummy's  midsagittal 
plane  (i.e.,  a  vertical  plane  through  the  center  of  the 
dummy)  was  to  be  the  same  distance  outboard  as  the 
front  dummy's  midsagittal  plane.  If  this  condition 
could  not  be  met,  however,  the  rear  dummy  was  to  be 
positioned  so  that  the  outermost  skin  of  its  upper 
torso  just  touched  the  adjoining  innermost  surface  of 


PART  571;  S214-PRE  28 


the  vehicle.  Ford  stated  that  this  alternative  would 
be  impossible  to  meet  in  some  cases,  because  the 
location  of  some  rear  seat  armrests  preclude  position- 
ing the  dummy's  upper  torso  against  the  upper 
quarter  panel  siu-face  while  still  positioning  the 
dummy's  midsagittal  plane  vertically.  Ford  also 
stated  that  it  is  not  clear  whether  the  term  "in- 
nermost siu-face"  means  the  broad  trim  panel  sur- 
face or  a  smaller,  localized  trim  feature. 

In  response  to  Ford's  comment,  NHTSA  has  mod- 
ified the  rear  dummy  positioning  procedure  for  situ- 
ations where  the  rear  dummy's  midsagittal  plane 
cannot  be  positioned  the  same  distance  outboard  as 
the  front  dummy's  midsagittal  plane.  The  procedure 
now  specifies  that,  in  such  situations,  the  test 
dummy  is  positioned  so  that  some  portion  of  the  test 
dummy  just  touches,  at  or  above  the  seat  level,  the 
side  surface  of  the  vehicle,  such  as  the  upper  quarter 
panel,  an  armrest,  or  any  interior  trim  (i.e.,  either 
the  broad  trim  panel  surface  or  a  smaller,  localized 
trim  feature). 

NHTSA  notes  that  the  proposed  rear  dummy  posi- 
tioning procedure  was  developed  for  bench  seats  and 
is  not  appropriate  for  bucket  or  contoured  seats.  The 
agency  has  added  a  procedure  for  rear  bucket  and 
contoured  seats.  The  procedure  is  similar  to  that 
proposed  for  front  bucket  seats.  It  specifies  that  (1) 
the  upper  torso  of  the  test  dummy  rests  against  the 
seat  back,  and  (2)  the  midsagittal  plane  of  the  test 
dummy  is  vertical  and  parallel  to  the  vehicle's  lon- 
gitudinal centerline,  and  coincides  with  the  longitu- 
dinal centerline  of  the  bucket  or  contoured  seat. 

Several  commenters  raised  concerns  about 
whether  there  is  sxifficient  room  in  the  rear  seats  of 
some  cars  to  position  the  SID  according  to  the 
proposed  requirements.  Ford  stated,  with  reference 
to  specifications  for  positioning  the  dummy's  torso, 
that  it  believes  there  may  be  current  or  future 
vehicles  which  cannot  accommodate  the  specified 
dummy  or  the  SAE-826  H-point  device  (i.e.,  the 
device  that  would  be  used  to  locate  the  H-point  for 
positioning  the  dummy)  in  the  rear  seat.  That  com- 
pany suggested  that  NHTSA  develop  an  alternative 
test  procedure  or  exempt  such  vehicles  from  the 
requirement  for  testing  with  a  rear-seated  dummy. 
Porsche,  in  objecting  to  including  rear-seat  dummies 
in  the  test  procedure,  commented  that  there  is  not 
enough  room  in  some  cars  for  the  dummies  to  be 
placed  or  to  be  positioned  correctly.  BMW  com- 
mented that  in  certain  small  cars  (e.g.,  2  -t-  2  coupes), 
a  50th  percentile  SID  cannot  be  accommodated  ac- 
cording to  the  proposed  requirements,  due  to  inade- 
quate space,  although  a  smaller  occupant  could 
utilize  such  a  seating  position. 

Volkswagen  stated  that,  in  some  small  vehicles,  it 
may  not  be  possible  to  position  the  proposed  dummy 
in  the  rear  seat  in  a  natural  position  even  though  the 


rear  seats  contain  "designated  seating  positions" 
capable  of  accommodating  a  person  at  least  as  large 
as  a  5th  percentile  adult  female.  Volkswagen  pro- 
vided photographs  which  it  says  show  that  the  head 
of  the  SID  placed  in  a  current  vehicle  rear  seat 
interferes  with  the  roof  when  positioned  according  to 
the  proposed  procedure.  It  provided  other  photo- 
graphs which  it  says  show  positions  where  the  roof 
does  not  interfere  with  the  head,  but  the  dummy  is 
still  in  an  unnatural  and  unrealistic  position  and  the 
H-point  is  not  within  the  proposed  limit. 

NHTSA  notes  that  in  some  vehicles  where  the  roof 
has  a  steep  slope,  the  dummy  head  may  interfere 
with  the  roof.  In  such  instances,  the  dummy  head 
can  be  tilted  so  as  to  accommodate  the  test  dummy 
without  changing  the  specified  orientation  of  the 
thorax  midsagittal  plane,  or  affecting  the  H-point. 
NHTSA  does  not  believe  that  tilting  the  test  dum- 
my's head  would  have  any  impact  on  the  ability  of 
the  dynamic  side  impact  crash  test  procedure  to 
evaluate  thoracic  and  pelvic  protection. 

NHTSA  has  concluded,  however,  that  there  are  a 
some  sport  cars  with  rear  seating  areas  that  are  so 
small  that  the  SID  dummy  cannot  be  accommodated 
according  to  the  specified  positioning  procedures, 
even  if  the  head  is  adjusted  fore-aft.  The  agency 
attempted  to  position  the  SID  dummy  in  two  cars 
identified  by  manufacturers  as  having  potential 
problems  in  this  area:  a  Volkswagen  Corrado  and  an 
Audi  Coupe  Quattro.  While  NHTSA  did  not  have 
difficulty  in  positioning  the  SID  dummy  in  the  rear 
of  the  Audi  Coupe  Quattro,  it  could  not  position  the 
SID  dummy  in  the  Volkswagen  Corrado  according  to 
the  specified  procedures. 

Since  it  is  necessary  that  standards  be  appropriate 
for  all  vehicle  types  to  which  they  apply,  NHTSA  has 
decided  not  to  apply  the  rear  seat  requirements  to 
vehicles  which  have  rear  seating  areas  that  are  so 
small  that  the  SID  dummy  cannot  be  accommodated 
according  to  the  specified  positioning  procedures. 

Based  on  review  of  vehicle  sales  data,  the  agency 
believes  that  less  than  one-half  of  one  percent  of 
passenger  cars  cannot  accommodate  the  SID  dummy 
in  the  rear  seats.  These  excluded  seating  areas 
account  for  less  than  one  fatality  per  year.  While  a 
relatively  small  safety  problem,  and  while  not  sub- 
ject to  the  requirements  of  this  rule,  the  agency, 
nevertheless,  believes  that  these  seating  positions 
will  have  improved  levels  of  crash  protection  as  a 
result  of  its  action.  Based  on  analysis  of  laboratory 
crash  test  data,  when  a  vehicle  is  designed  to  provide 
side  crash  protection  to  the  front  seat  occupant,  the 
countermeasures  also  enhance  rear  seat  crash  pro- 
tection. This  occurs  because  the  crash  environment 
is  more  severe  for  the  front  seat  occupant  compared 
to  the  rear  seat  occupant.  Thus,  countermeasures 
to  provide  protection  for  the  front  seat  will  also 


PART  571;  S214-PRE  29 


enhance  rear  seat  crash  protection.  Accordingly,  the 
population  of  rear  seat  occupants  in  excluded  vehi- 
cles, while  small,  will  also  benefit  from  the  improved 
side  crash  protection  required  by  this  rule. 

Volkswagen  also  commented  that  the  rear  seat 
dummy  poses  additional  positioning  problems  which 
are  unique  to  the  rear  seat.  It  stated  that,  in  two- 
door  vehicles,  control  of  the  dummy  H-point  is  only 
possible  on  the  in-board  side.  According  to  that 
commenter,  the  proposed  positioning  procedure  does 
not  specify  from  which  side  to  control  the  H-point  (or 
whether  it  should  be  controlled  from  both  sides, 
which  would  in  some  cases  be  impracticable).  Volks- 
wagen stated  that  placing  the  one  accessible  side 
within  the  proposed  H-point  tolerance  rotates  the 
dummy  and  produces  a  variable  and  unreproducible 
seating  position. 

NHTSA  assumes  that  the  H-point  would  ordi- 
narily be  controlled  from  the  outboard  side.  The 
agency  has  been  able  to  control  the  H-point  within 
the  specified  tolerance  from  the  outboard  side  in  its 
tests.  However,  the  agency  does  not  believe  there  is 
any  reason  that  the  H-point  location  cannot  also  be 
controlled  from  the  inboard  side,  within  the  specified 
tolerance,  if  the  test  dummy  is  positioned  correctly. 
Since  NHTSA  and  manufacturers  other  than  Volks- 
wagen have  been  able  to  conduct  a  number  of  side 
impact  tests  without  difficulties  in  controlling  the 
H-point,  the  agency  does  not  believe  that  it  is  a 
problem. 

D.  Variability 

NHTSA  has  evaluated  test  procedure  repeatabil- 
ity (same  test  replicated  at  the  same  site)  and 
reproducibility  (same  test  replicated  at  different 
sites).  A  certain  amount  of  variability  will  always 
exist  when  different  vehicles  of  the  same  make/ 
model  are  subjected  to  a  crash  test.  A  portion  of  the 
variability  is  due  to  vehicle  variability.  Some  vari- 
ability can  also  result  from  aspects  of  the  test 
procedure,  including  the  dummy,  the  impact  point, 
and  the  MDB  honeycomb  face.  Because  of  test  site 
variations  (e.g.,  instrumentation),  it  is  generally 
accepted  that  site-to-site  test  variability  (non- 
reproducibility)  is  usually  greater  than  the  same  site 
test  variability  (non-repeatability). 

In  the  PRIA,  the  agency  considered  repeatability 
in  terms  of  coefficients  of  variation  (CV,  the  standard 
deviation  divided  by  the  mean)  for  available  test 
data.  As  discussed  in  the  PRIA,  one  set  of  tests 
relevant  to  repeatability  was  sponsored  by  MVMA. 
Sixteen  full  scale  crash  tests  were  conducted  using 
1985  Ford  LTD's  and  NHTSA's  side  impact  test 
procedure.  While  certain  changes  were  made  to  the 
vehicles,  and  dummies  were  only  placed  in  the  front 
passenger  seating  position,  the  tests  indicated  that 


the  repeatability  of  NHTSA's  side  impact  test  proce- 
dure was  fully  acceptable. 

The  PRIA  also  discussed  the  results  of  three 
matched  sets  of  test  data  from  NHTSA's  full  scale 
crash  test  series,  two  Chevrolet  Citations,  three 
Nissan  Sentras  and  three  Honda  Civics. 

Subsequent  to  issuance  of  the  NPRM,  the  agency 
obtained  additional  test  data  relevant  to  repeatabil- 
ity, most  of  it  from  commenters.  Some  of  the  test 
results  submitted  by  manufacturers  are  subject  to 
claims  of  confidentiality. 

Ford  commented  that,  while  few  of  the  cars  it  has 
tested  have  been  identical  in  their  front  seat  config- 
urations, it  conducted  tests  of  five  compact  2-door, 
five  mid-size  4-door  and  four  mid-size  2-door  vehicles 
(14  cars  total)  which  had  identical  rear  seat  config- 
urations and  were  tested  in  an  identical  manner.  As 
discussed  below.  Ford  cited  data  for  these  14  cars  in 
arguing  that  rear  seat  test  dummy  TTI(d)  is  ex- 
tremely unpredictable.  In  light  of  its  concerns  about 
variability.  Ford  subsequently  crashed  six  similar 
Ford  Tkurus  vehicles  using  the  proposed  test  proce- 
dure, as  a  controlled  repeatability  test  program  to 
estimate  front  and  rear  variability,  and  provided  the 
results  to  the  agency. 

As  part  of  an  effort  to  assess  the  full  scale  test 
comparability  of  SID  and  BioSID,  MVMA  crashed  12 
model  year  1990  Pontiac  6000's,  alternating  the 
BioSID  and  SID  in  the  front  and  rear  seat  positions, 
as  well  as  in  baseline  and  padded  test  conditions. 
The  SID  data  from  these  tests  are  relevant  to  the 
repeatability  of  the  proposed  test  procedure. 

GM  and  Mercedes-Benz  each  submitted  data  for 
two  vehicles  of  the  same  model.  The  agency  also  has 
data  for  three  other  pairs  of  cars,  where  one  was 
tested  by  NHTSA  and  the  other  by  the  manufacturer. 

Ford  tested  14  cars,  five  2-door  compacts,  five 
4-door  mid-size  vehicles,  and  four  2-door  mid-size 
vehicles.  For  the  three  vehicles  classes,  the  CV  for 
rear  seat  TTI(d)  ranged  from  17.0  to  23.1  percent 
(and  averaged  20.4  percent).  The  CV  for  rear  seat 
pelvic  g's  ranged  from  7.0  to  14.2  percent  (and 
averaged  11.3  percent).  Ford  stated  that  because  of 
the  unpredictability  of  the  rear  seat  dummy  re- 
sponses, it  has  serious  concerns  about  being  able  to 
comply  with  the  proposed  requirements.  That  com- 
pany argued  that  it  would  have  to  design  its  vehicles 
to  achieve  values  well  below  the  requirements  of  the 
standard  to  have  reasonable  confidence  that  produc- 
tion vehicles  would  pass  compliance  tests.  Ford 
claimed,  for  example,  that  if  NHTSA  establishes  an 
85  TTI(d)  limit.  Ford  would  have  to  design  the  rear 
seats  of  their  vehicles  to  achieve  a  TTI(d)  level  of 
52  to  ensure  that  the  vehicle,  if  tested,  would  comply 
at  the  20.4  percent  variability  that  Ford  has  identi- 
fied for  the  rear  seat  test  dummy  response.  That 
company    expressed    concern    that    under    these 


PART  571;  S214-PRE  30 


circumstances,  it  could  not  meet  the  proposed  re- 
quirements with  reasonable  and  practicable  design 
changes  to  its  product  line.  Ford  also  stated  that  in 
focusing  on  variability  at  the  rear  seating  position, 
it  did  not  mean  to  imply  that  it  was  satisfied  that  the 
test  procedure  is  capable  of  producing  adequately 
predictable  test  result  measurements  for  the  front 
seat  dummy. 

NHTSA  notes  that  the  Department  addressed  the 
issue  of  repeatability  at  length  in  its  rulemaking 
adding  automatic  crash  protection  requirements  for 
passenger  cars  to  Standard  No.  208,  Occupant  Crash 
Protection.  See  49  FR  28962,  29004-29006  (July  17, 
1984).  Like  the  proposed  side  impact  requirements, 
the  Standard  No.  208  requirements  involve  a  full 
scale  crash  test  using  instrumented  test  dummies. 
The  standard  requires  that  the  head  injury  criterion 
(HIC),  calculated  from  measurements  taken  on  the 
dummy,  not  exceed  1,000. 

Ford's  arguments  about  excessive  variability  in 
the  proposed  side  impact  test  procedure  are  similar 
to  the  arguments  made  by  manufacturers  in  the 
Standard  No.  208  rulemaking.  As  discussed  in  the 
July  1984  notice  adopting  the  current  version  of 
Standard  No.  208,  auto  manufacturers  argued  that 
because  large  test  result  differences  are  encountered 
in  repeated  tests  of  the  same  car,  they  cannot  be 
certain  that  all  their  production  vehicles  would  be  in 
compliance  even  when  their  development  tests  show 
passing  results.  The  manufacturers  argued  that  the 
test  result  variances  are  essentially  due  to  deficien- 
cies in  the  test  procedures  themselves  as  well  as  in 
the  prescribed  test  dummy.  They  also  argued  that 
the  only  way  they  could  assure  compliance  is  to 
"overdesign"  their  vehicles,  which  they  argued 
would  result  in  excessive  costs  without  safety  bene- 
fit. The  manufacturers  argued  that  the  standard  was 
neither  "objective"  nor  "practicable,"  citing  several 
court  decisions. 

The  Department  concluded  that  Standard  No.  208 
was  both  objective  and  practicable,  noting  that  man- 
ufacturers had  not  supplied  data  to  support  their 
claims  of  excessive  test  variability,  nor  demonstrated 
that  the  bulk  of  any  variability  is  due  to  the  test 
procedures  and  instruments  and  not  due  to  vehicle- 
to-vehicle  differences. 

In  their  arguments  on  Standard  No.  208,  manu- 
facturers cited  NHTSA  tests  of  12  Chevrolet  Cita- 
tions under  the  agency's  New  Car  Assessment  Pro- 
gram (NCAP).  The  manufacturers  focused  on  the  CV 
of  the  driver  HIC  values— 21  percent— and  claimed 
that  this  was  too  large.  They  argued  that  with  this 
large  a  CV,  they  would  have  to  design  their  vehicles 
to  achieve  a  HIC  no  higher  than  560  to  assure  that 
95  percent  of  their  cars,  when  tested,  would  have 
HIC  values  below  1000. 

The  Department  concluded  that  the  manufactur- 


ers' argument  was  faulty.  The  Department  noted 
that  variability  by  itself  is  not  a  crucial  factor  for  a 
manufacturer  to  be  concerned  about.  Rather,  it  is  the 
combination  of  variability  and  the  mean  (or  average) 
value  which  can  be  cause  for  concern.  Data  showed 
that  HIC's  for  both  automatic  belts  and  air  bags 
would  be  sufficiently  low  as  to  make  variability  a 
moot  issue  for  Standard  No.  208. 

The  FRIA  reassesses  repeatability/reproducibility 
using  the  newly  available  data,  as  well  as  earlier 
data,  where  appropriate.  Two  data  sets  available  to 
the  agency  were  not  used  in  the  assessment:  (1) 
NHTSA's  Citation,  Sentra,  and  Civic  data  and  (2) 
Ford's  data  for  five  compact  2-door,  five  mid-size 
4-door  and  four  mid-size  2-door  vehicles  with  identi- 
cal rear  seat  configurations. 

The  three  NHTSA  data  sets  were  not  used  because 
there  were  changes  in  the  SID  and  the  seating 
procedure  between  vehicle  tests.  These  changes  may 
have  influenced  the  test  results. 

The  Ford  data  sets  (from  the  14  cars)  were  not  used 
because  there  were  differences  in  front  doors  and 
front  seats  between  tests.  In  order  to  be  a  reliable 
test  of  repeatability,  the  cars  and  test  conditions 
must  be  identical,  to  the  extent  possible,  for  each 
test.  NHTSA  does  not  consider  tests  using  cars  with 
different  front  doors  and  different  front  seats  to  be 
valid  repeatability  tests  for  rear  seat  results,  even  if 
rear  seat  configiirations  are  the  same,  since  the 
differences  in  the  front  doors  and  front  seats  may 
affect  the  rear  seat  results.  The  agency  therefore 
rejects  the  20.4  percent  CV  figure  cited  by  Ford  as  an 
estimate  of  rear  seat  TTI(d)  variability. 

Ford  was  aware  that  the  14  tests  that  it  used  to 
estimate  variability  were  not  identical,  because  the 
cars  were  different.  However,  Ford  claimed  that  it 
examined  the  tested  vehicles,  the  high-speed  crash 
test  films  and  electronically  recorded  data,  for  each 
of  the  14  cars  and  found  no  evidence  of  vehicle 
performance  differences,  such  as  unusual  structural 
deformation,  that  could  have  affected  test-to-test 
variability.  As  indicated  above,  NHTSA  does  not 
accept  the  tests  in  question  as  valid  repeatability 
tests,  given  the  differences  in  the  front  doors  and 
front  seats.  The  agency  also  notes  that  even  without 
unusual  structural  deformations,  vehicle-to- vehicle 
differences  that  are  not  apparent  from  films  can  also 
cause  differences  in  test  results. 

1.  Front  Seat  Variability 

As  discussed  in  the  FRIA,  the  MVMA  data  for 
model  year  1985  Ford  LTD's  indicate  that  for  front 
TTI(d)  and  front  pelvic  g's  the  maximum  CV  ranged 
from  0.6  to  9.4  percent.  The  MVMA  data  for  three 
baseline  model  year  1990  Pontiac  6000's  indicate  a 
CV  of  9.15  percent  for  front  TTI(d)  and  8.38  for  front 
pelvic  g's.   For  three  Pontiac  6000's  with  added 


PART  571;  S214-PRE  31 


padding,  the  data  indicate  a  CV  of  7.78  percent  for 
front  TTI(d)  and  5.84  percent  for  front  pelvic  g's  For 
the  six  Ford  Tkuruses  tested  by  Ford,  the  data 
indicate  a  CV  of  4.99  percent  for  front  TTI(d)  and 
8.34  percent  for  front  pelvic  g's.  All  of  the  Pontiac 
6000  tests  were  conducted  at  the  same  test  site.  The 
agency  notes,  however,  that  at  least  two  SID  dum- 
mies were  used  for  the  Pontiac  6000  tests,  and  at 
least  four  SID  dummies  made  by  two  different  man- 
ufacturers were  used  for  the  Tkurus  tests.  Since 
different  dummies  are  one  of  the  differences  that 
may  exist  between  test  sites,  the  use  of  different 
dummies  helps  demonstrate  reproducibility. 

The  agency  also  has  data  for  five  pairs  of  other 
vehicles.  The  data  were  either  provided  in  pairs  or  as 
a  single  test  conducted  under  identical  conditions  to 
one  performed  by  NHTSA.  Two  of  the  pairs  involved 
tests  conducted  at  the  same  test  site.  For  two 
Mercedes-Benz's,  the  data  indicate  a  CV  of  0.65  per- 
cent for  front  TTI(d)  and  6.17  percent  for  front  pelvic 
g's.  For  another  pair  of  vehicles,  the  CV  figures  are 
0.00  percent  and  10.34  percent,  respectively. 

The  other  three  pairs  involved  tests  at  different 
test  sites  and  are,  therefore,  useful  for  evaluating 
reproducibility.  The  front  TTI(d)  CV  figures  for  these 
pairs  are  1.14,  4.33  and  11.23  percent.  The  pelvic  g's 
CV  figures  for  these  pairs  are  5.00,  7.47  and  10.33 
percent. 

NHTSA  believes  the  available  data  demonstrate 
high  repeatability  for  front  TTI(d)  and  front  pelvic 
g's.  As  a  general  matter,  the  agency  considers  CV  of 
less  than  10  percent  to  demonstrate  high  repeatabil- 
ity. For  the  vehicle  groups  where  there  are  more  than 
two  cars,  the  CV  of  both  front  TTI(d)  and  front  pelvic 
g's  are  below  10  percent.  For  the  pairs  of  vehicles, 
which  represent  more  limited  data  sets,  the  CV  of 
front  TTI(d)  and  front  pelvic  g's  is  in  several  cases 
well  below  10  percent  and  never  significantly  ex- 
ceeds 10  percent. 

2.  Rear  Seat  Variability 

As  indicated  above,  the  repeatability  tests  con- 
ducted by  MVMA  using  model  year  1985  Ford  LTD's 
did  not  include  any  rear  seat  dummies.  The  MVMA 
data  for  three  baseline  model  year  1990  Pontiac 
6000's  indicate  CV  of  8.19  percent  for  rear  TTI(d) 
and  4.55  for  rear  pelvic  g's.  For  three  Pontiac  6000's 
with  added  padding,  the  data  indicate  a  CV  of  7.76 
percent  for  rear  TTI(d)  and  16.52  percent  for  rear 
pelvic  g's.  For  the  six  Ford  Tkuruses  tested  by  Ford, 
the  data  indicate  a  CV  of  6.32  percent  for  rear  TTI(d) 
and  15.51  percent  for  rear  pelvic  g's. 

The  tests  of  the  pair  of  Mercedes-Benz's  did  not 
include  rear  seat  data.  For  the  other  pair  of  vehicles 
where  testing  was  conducted  at  a  single  test  site,  the 


CV  figures  are  0.54  percent  for  rear  TTI(d)  and  0.27 
percent  for  rear  pelvic  g's. 

For  the  three  pairs  involving  tests  at  different  test 
sites,  the  rear  TTI(d)  CV  figures  are  0.80  percent, 
12.56  percent,  and  16.06  percent.  The  rear  pelvic  g's 
CV  figures  are  11.75  percent,  12.06  percent,  and 
13.65  percent. 

NHTSA  believes  that  available  data  indicate  ac- 
ceptable repeatability  for  rear  TTI(d).  For  the  three 
vehicle  groups  where  there  are  more  than  two  cars, 
the  CV  for  rear  TTI(d)  is  well  under  10  percent.  For 
the  four  pairs  of  vehicles,  the  CV  for  rear  TTI(d)  is 
well  under  10  percent  in  two  cases,  somewhat  above 
10  percent  in  another  case,  and  as  high  as  16  percent 
in  the  fourth  case.  In  assessing  repeatability,  the 
agency  places  greater  weight  on  the  groups  of  vehi- 
cles with  more  than  two  cars  (n  =  6  for  Ford  Tkurus 
and  n  =  3  for  the  two  Pontiac  6000  groups),  since  a 
pair  of  vehicles  (n  =  2)  represents  an  extremely  lim- 
ited data  set.  The  agency  notes  that  the  16  percent 
CV  was  measured  for  a  single  pair  of  vehicles  and 
that  there  was  a  much  lower  CV  for  all  of  the  other 
data  sets.  Given  that  the  CV  for  rear  TTI(d)  is  below 
10  percent  for  all  three  vehicle  groups,  where  there 
are  more  than  two  cars,  and  for  two  of  the  four  pairs 
of  vehicles,  and  that  CV  for  the  third  pair  is  not  very 
far  above  10  percent,  NHTSA  considers  rear  TTI(d) 
variability  to  be  very  close  to  that  for  front  TTI(d) 
and  front  pelvic  g's. 

NHTSA  recognizes  that  repeatability  appears  to 
be  somewhat  lower  for  rear  pelvic  g's,  but  still 
considers  it  to  be  acceptable.  While  the  CV  was  well 
below  10  percent  for  one  of  the  three  vehicle  groups 
involving  more  than  two  cars,  it  was  15.51  percent 
and  16.52  percent  for  the  other  two  vehicle  groups. 
Also,  while  the  CV  was  well  below  10  percent  for  two 
of  the  four  pairs  of  vehicles,  it  was  11.75  and  13.65 
for  the  other  two  pairs.  Based  on  the  limited  avail- 
able data,  it  appears  that  while  CV  for  front  TTI(d), 
front  pelvic  g's,  and  rear  TTI{d)  are  generally  below 
10  percent,  CV  for  rear  pelvic  g's  may  sometimes  be 
as  high  as  15  to  16  percent. 

NHTSA  has  never  attempted  to  quantify  what 
represents  acceptable  variability  versus  unaccept- 
able variability.  In  the  Standard  No.  208  rulemak- 
ing, the  Department  requested  comments  on  what 
level  of  variability  was  deemed  "reasonable,"  given 
that  some  variability  will  always  exist.  Only 
Renault  provided  a  quantitative  answer,  saying  that 
"the  variation  coefficient  must  not  exceed  a  maxi- 
mum of  10  percent."  Although  Renault  provided  no 
justification  for  its  recommendation,  the  Depart- 
ment noted  that  it  was  nearly  identical  to  the 
variation  contributed  by  the  Standard  No.  208  test 
procedures  and  dummy,  according  to  Volvo  and  GM. 

NHTSA  considers  the  repeatability  for  both  side 
impact  injury  criteria  measurements  in  both  front 


PART  571;  S214-PRE  32 


and  rear  seating  positions  to  be  acceptable.  As 
discussed  above,  the  agency  believes  that  the  avail- 
able data  indicate  acceptable  repeatability  for  front 
TTI(d),  front  pelvic  g's,  and  rear  TTI(d),  as  the 
available  CV  measurements  for  those  three  are,  for 
the  most  part,  below  10  percent.  The  agency  believes 
that  the  available  data  indicate  that  the  repeatabil- 
ity for  rear  pelvic  g's  is  well  within  the  acceptable 
range. 

The  agency  also  considered  the  repeatability  data 
considered  by  the  Department  in  the  Standard  No. 
208  rulemaking.  NHTSA  notes  that  the  CV  for 
several  groups  of  cars  considered  in  that  rulemaking 
were  similar  to  or  higher  than  the  15  to  16  percent 
CV  experienced  by  some  cars  for  rear  pelvic  g's.  See 
Tkble  111-7  of  the  Final  Regulatory  Impact  Analysis 
for  Standard  No.  208,  July  11,  1984.  (While  that 
table  does  not  provide  calculations  of  CV  values,  it 
does  report  the  mean,  standard  deviation,  and  num- 
ber of  cars  tested  for  each  group,  the  terms  from 
which  CV  is  calculated.)  Based  on  all  available  data, 
the  agency  considers  the  repeatability  for  both  side 
impact  injury  criteria  measurements  in  both  front 
and  rear  seating  positions  to  be  similar  to,  or  possi- 
bly better  than,  that  considered  and  found  accept- 
able by  the  Department  for  Standard  No.  208.  More- 
over, manufacturers  have  now  been  complying  with 
that  standard's  automatic  crash  protection  require- 
ments for  several  years,  without  any  difficulties. 

Given  the  above  variability,  NHTSA  examined  the 
practicability  of  the  performance  requirements 
adopted  by  this  final  rule,  i.e.,  TTI(d)  limits  of  85  g 
for  4-door  cars  and  90  g  for  2-door  cars,  with  a  pelvic 
acceleration  limit  of  130  g  for  all  cars.  Application  of 
the  effectiveness  values  set  forth  in  the  FRIA  for 
various  countermeasures  to  the  23  make/models 
used  for  estimating  benefits  indicates  that  the 
TTI(d)  and  pelvic  g  values  can  be  brought  below  the 
limits  being  established  in  this  final  rule. 

In  light  of  Ford's  particular  concern  about  rear 
dummy  variability,  and  the  fact  that  available  data 
indicate  greater  variability  for  the  rear  than  the 
front  (especially  for  pelvic  g's),  NHTSA  also  exam- 
ined the  relationship  between  the  front  and  rear 
dummy  responses.  Based  on  NHTSA's  28  full  scale 
tests,  rear  pelvic  acceleration  was  25  g's  lower  on 
average  than  front  pelvic  acceleration,  and  rear 
TTI(d)  was  14  g's  lower  on  average  than  front  TTI(d). 
The  agency  believes  these  data  indicate  that  it  is 
easier  to  achieve  lower  pelvic  g's  and  TTI(d)  in  the 
rear  than  in  the  front,  which  reduces  the  impact  of 
the  somewhat  higher  variability. 

Finally,  as  was  the  case  in  the  Standard  No.  208 
rulemaking,  manufacturers  have  not  demonstrated 
that  the  bulk  of  variability  for  any  of  the  side  impact 
criteria  for  the  front  and  rear  seating  positions  is 


due  to  the  test  procedures  and  instruments  as  op- 
posed to  vehicle-to-vehicle  differences. 

E.  Test  Surface 

NHTSA  also  received  a  comment  concerning  spec- 
ification of  the  test  surface.  GM  argued  that  specifi- 
cation of  the  coefficient  of  friction  of  the  tire/road 
interface  is  important  for  full  scale  vehicle  crash 
tests,  but  was  not  specified  by  NHTSA  in  the  NPRM. 

NHTSA  does  not  agree  that  a  coefficient  of  friction 
must  be  specified  in  the  regulation  since  the  side 
impact  crash  forces  greatly  exceed  the  magnitude  of 
tire/road  sliding  friction  forces.  Thus,  variations  in 
the  coefficient  of  friction  would  have  an  insignificant 
or  minor  impact  compared  to  other  factors.  For 
example,  one  load  cell  barrier  test  using  the  NHTSA 
MDB  at  25  mph  and  a  26  degree  crabbed  impact 
angle  produced  a  barrier  face  resultant  load  of 
84,679  pounds.  Assuming  a  sliding  coefficient  of 
0.50,  the  lateral  friction  forces  on  the  3,000  pound 
car  would  be  1,500  pounds.  In  this  example,  the 
crash  force  level  is  over  50  times  higher  than  the 
tire/road  friction  forces  for  the  struck  vehicle.  Even  if 
the  MDB-to-car  resultant  force  were  less  than  than 
that  load  cell  resultant  force  (e.g.,  about  60,000 
pounds),  this  force  level  would  still  be  many  times 
greater  than  the  tire/road  friction  forces. 

Further,  the  side  impact  crash  sequence  takes  place 
in  a  small  fraction  of  a  second,  and  is  over  before  the 
vehicle  motion  relative  to  the  "driving"  surface  occurs. 
As  a  result,  the  friction  forces  have  an  insignificant 
effect  on  the  test  dummy  measurements. 

NHTSA  concludes  that  the  tire/road  friction  forces 
are  an  insignificant  or  minor  effect  in  side  impact 
crash  testing.  When  compared  to  crash  forces,  they 
are  negligible  across  the  full  range  of  peak  and 
sliding  coefficients  of  friction.  For  the  above  reasons, 
NHTSA  does  not  believe  that  the  coefficient  of  fric- 
tion of  the  test  surface  needs  to  be  specified  in  the 
rule. 

VII.  International  Harmonization 

As  the  automotive  industry  has  become  an  increas- 
ingly worldwide  industry,  interest  in  harmonized 
safety  standards  has  increased.  With  harmonized  stan- 
dards, manufacturers  can  more  easily  build  the  same 
product  to  sell  in  different  parts  of  the  world,  and  cost 
savings  can  be  achieved  in  areas  of  vehicle  design, 
production,  inventory,  and  certification. 

Many  commenters  expressed  concern  that  the  pro- 
posed side  impact  dynamic  crash  test  requirements  are 
substantially  different  than  those  being  developed  in 
Europe.  Those  commenters  argued  that  NHTSA 
should  give  greater  weight  to  harmonization. 

NHTSA  is  committed  to  international  harmoniza- 
tion where  practical.  As  in  other  areas,  NHTSA  has 
considered  the  issue  of  harmonization  for  this  rule- 


PART  571;  S214-PRE  33 


making.  The  agency  notes  that  the  United  States 
has  generally  been  ahead  of  Europe  in  the  area  of 
dynamic  side  impact  test  requirements,  both  in 
terms  of  developing  a  dynamic  side  impact  test 
procedure,  and  now  in  adopting  a  regulation  based 
on  that  procedure. 

NHTSA  notes  that  harmonization  would  likely 
have  been  easier  had  Europe  not  developed  a  differ- 
ent test  dummy,  different  barriers,  and  a  different 
injury  criterion  than  those  developed  in  the  United 
States.  The  agency  has,  however,  carefully  consid- 
ered the  European  approach  to  determine  whether  it 
would  be  appropriate  for  a  Federal  motor  vehicle 
safety  standard. 

One  concern  NHTSA  has  about  the  European 
approach  is  that  the  two  European  barriers  are  not 
representative  of  the  striking  vehicles  in  side  impact 
crashes  in  the  United  States.  The  Eiu-opean  barriers 
appear  to  be  more  representative  of  the  lighter  and 
smaller  European  passenger  cars.  As  discussed  in 
the  separate  notice  on  the  MDB,  the  NHTSA  MDB  is 
representative  of  passenger  cars  and  light  trucks 
that  are  likely  to  be  the  striking  vehicle  in  side 
impact  collisions  in  the  United  States.  In  order  to 
ensure  that  the  new  side  impact  dynamic  crash  test 
requirements  result  in  appropriate  countermeas- 
ures,  and  hence  reduced  fatalities  and  injuries  in  the 
real  world,  NHTSA  believes  the  MDB  should  be 
representative  of  striking  vehicles  in  the  United 
States  rather  than  representative  of  vehicles  used  in 
other  nations. 

NHTSA  also  notes  that  there  are  a  number  of 
characteristics  associated  with  the  European  test 
procedure  that  make  it  inappropriate,  at  this  time, 
for  a  U.S.  safety  standard.  The  Evu-opean  test 
dummy  (EuroSID),  while  capable  of  assessing  injury 
potential  and  providing  insight  into  side  impact 
crash  occupant  protection,  needs  further  refinement 
before  it  can  be  used  as  a  regulatory  tool.  These 
ongoing  efforts  include  the  development  of  biofidel- 
ity  response  corridors  to  assure  the  EuroSID  re- 
sponds in  a  human-like  manner,  the  evaluation  of 
the  repeatability  and  reproducibility  of  the  test 
dummy,  and  the  demonstration  of  its  durability  in 
full-scale  crash  tests.  The  EuroSID  is  progressing  in 
all  of  these  areas.  Additionally,  the  urethane  foam 
face  of  the  European  barrier  appears  to  break  down 
and  bottom  out,  creating  unexpectedly  high  dummy 
acceleration  responses  due  to  the  unrealistic  crash 
conditions  it  imposes.  Further,  it  is  still  unclear 
whether  Europe  itself  will  adopt  side  impact  require- 
ments based  on  a  full  scale  dynamic  crash  test. 

NHTSA  remains  committed  to  international  har- 
monization where  practical.  However,  NHTSA  be- 
lieves that  pursuit  of  harmonization  as  an  alterna- 
tive to  the  proposed  requirements  would  result  in  rt 
least  a  several  year  delay  in  improved  side  impact 


protection,  a  consequence  that  the  agency  does  not 
consider  acceptable.  For  all  of  the  above  reasons, 
NHTSA  does  not  believe  that  harmonization  consid- 
erations should  preclude  the  agency  from  issuing  a 
final  rule  based  on  its  proposal.  However,  as  Eiu-ope 
continues  to  develops  its  side  impact  standards  and 
test  procedures,  NHTSA  will  consider  whether  fur- 
ther rulemaking  is  appropriate. 

VIII.  Feasibility  of  "Countermeasures" 

As  discussed  in  the  NPRM,  NHTSA  has  performed 
a  substantial  number  of  vehicle  crash  tests  both  to 
examine  the  existing  side  impact  performance  of 
many  cars,  as  evidenced  by  measurements  of  the 
TTI(d)  and  pelvic  acceleration  on  the  side  impact  test 
dummy,  and  to  evaluate  the  effectiveness  of  various 
techniques  ("countermeasures")  to  improve  side  im- 
pact performance.  In  particular,  the  research  pro- 
grams have  concentrated  on  making  production- 
feasible  structural  changes  and  adding  additional 
padding  to  the  interior  surface  of  the  vehicle's  side 
door  to  improve  side  impact  protection.  As  discussed 
in  more  detail  below,  this  research  has  shown  that 
either  the  use  of  structural  modifications  in  combi- 
nation with  padding  or  the  use  of  padding  alone  can 
significantly  reduce  the  probability  of  thoracic  and 
pelvic  injuries. 

The  following  discussion  highlights  several  of  the 
more  important  side  impact  research  programs  con- 
ducted by  NHTSA.  The  details  of  these  and  other 
agency  research  programs  are  discussed  more  fully 
in  the  PRIA  and  FRIA.  In  1977,  NHTSA  began  a 
program  to  improve  the  side  structure  integrity  for 
lightweight  subcompact  cars,  using  a  2-door  Volks- 
wagen Rabbit.  The  agency  decided  to  concentrate  its 
research  efforts  on  light  vehicles,  because  it  antici- 
pated having  the  greatest  difficulty  in  improving  the 
level  of  side  impact  protection  in  those  vehicles.  The 
agency  also  believed  that  any  countermeasures  de- 
veloped for  those  vehicles  could  be  adapted  for  use  in 
larger  and  heavier  vehicles.  NHTSA  chose  the  VW 
Rabbit  after  testing  the  side  impact  performance  of 
three  small  front  wheel  drive  vehicles.  The  peak 
thoracic  and  pelvic  accelerations  measvu-ed  on  the 
side  impact  test  dummy  seated  in  the  Rabbit  indi- 
cated the  Rabbit  to  be  an  "average"  performer  in  its 
class. 

The  research  program,  involving  the  Budd  Com- 
pany, developed  four  levels  of  structural  modifica- 
tions to  the  2-door  VW  Rabbit,  to  investigate  the 
effect  of  increased  side  strength  on  intrusion.  Those 
levels  were  categorized  by  the  weight  that  the  mod- 
ifications added  to  the  car  and  were  designated  as 
lightweight,  middleweight,  heavyweight  and  "opti- 
mized" (the  "optimized"  version  used  parts  that  had 
performed  well  in  tests  of  the  three  other  designs, 
but  had  been  reduced  in  weight).  These  structural 


PART  571;  S214-PRE  34 


additions  focused  on  the  front  seat  area;  no  structure 
was  added  to  the  rear  quarter  panel  or  in  the  C-pillar 
areas.  Intrusion  was  reduced  by  a  factor  of  nearly  50 
percent  (from  approximately  20  inches  to  10  inches) 
with  the  heavy  and  optimized  weight  designs,  but 
the  dummy  peak  accelerations  were  not  signifi- 
cantly altered. 

Concurrently  with  its  programs  to  improve  struc- 
tural integrity,  NHTSA  also  conducted  research  at 
its  Vehicle  Research  and  Tbst  Center  in  East  Liberty, 
Ohio  to  select  and  evaluate  interior  padding.  The 
interior  padding  was  an  "add-on"  feature,  so  that  the 
door  structure  did  not  require  alteration  to  accom- 
modate the  padding.  The  agency  assumed  that  man- 
ufacturers would  incorporate  these  features  in  pro- 
duction vehicles  by  using  the  door  structure  itself 
and  part  of  the  door  thickness  so  as  to  minimize  the 
space  taken  from  the  occupant  compartment. 

In  January  1981,  NHTSA  began  another  research 
effort,  which  was  conducted  in  two  parts.  This  was 
called  the  modified  integrated  vehicle  (MIV)  pro- 
gram. One  part  was  conducted  by  VW  to  improve  the 
side  impact  protection  of  a  4-door  VW  Rabbit  and  the 
other  part  was  conducted  by  MCR  Tbchnology  Inc., 
using  the  Chevrolet  Citation.  The  program  evalu- 
ated both  structural  modifications  and  padding 
changes,  independently  and  in  combination.  The 
first  phase  of  the  research  effort  concentrated  on 
developing  "production  feasible"  improvements, 
which  would  add  little  weight  to  the  vehicle,  lb 
evaluate  the  performance  of  the  modifications,  the 
agency  conducted  a  series  of  tests  on  the  Rabbit 
simulating  a  vehicle  moving  at  22  mph  striking 
another  vehicle  moving  at  1 1  mph.  The  impact  angle 
was  60  degrees.  The  agency's  MDB  was  used  as  the 
striking  vehicle.  These  tests  involved  an  unmodified 
VW  Rabbit,  a  structurally  unmodified  Rabbit  with 
additional  interior  padding,  a  structurally  modified 
Rabbit  with  no  additional  interior  padding,  and 
finally,  a  structurally  modified  Rabbit  with  addi- 
tional interior  padding. 

In  the  second  phase  of  the  MFV  program,  the 
agency  tested  the  structurally  modified  and  padded 
Rabbit  in  two  additional  impact  configurations.  The 
configurations  simulated  a  vehicle  moving  at  30 
mph  striking  another  vehicle  moving  at  15  mph  at 
impact  angles  of  60  degrees  and  90  degrees.  In  these 
tests,  a  Chevrolet  Citation  was  used  as  the  striking 
vehicle.  The  results  of  these  tests  are  discussed  in 
the  FRIA. 

In  summary,  NHTSA's  testing  shows  that  it  is 
possible  to  develop  "production  feasible"  counter- 
measures  that  can  reduce  potential  thorax  and  pel- 
vic injuries  in  side  impacts.  Based  on  the  results 
obtained  in  this  testing,  NHTSA  has,  as  discussed 
below,  developed  estimates  of  the  effectiveness  of 


different  side  impact  countermeasures  in  reducing 
injuries. 

IX.  Estimate  of  Portion  of  the  Vehicle  Fleet 
Needing  Improvement  to  Achieve  Compliance 

NHTSA  explained  in  the  NPRM  that,  in  addition 
to  the  testing  which  was  done  on  the  modified  and 
unmodified  Rabbits  and  Citations,  the  agency  had 
also  conducted  a  series  of  20  tests  on  12  different 
unmodified  production  passenger  cars.  The  PRIA 
used  the  results  from  the  tests  of  the  production 
vehicles  to  estimate  the  percentage  of  the  passenger 
car  fleet  that  currently  meets  the  proposed  alterna- 
tive levels  of  the  standard. 

After  issuing  the  NPRM,  the  agency  conducted 
eight  additional  production  vehicle  tests,  using  eight 
different  models.  One  model  was  also  tested  by 
Transport  Canada.  In  addition,  the  agency  received 
test  data  on  25  additional  models  from  four  different 
motor  vehicle  manufacturers.  The  FRIA  uses  only 
data  from  the  more  recently  designed  models  (model 
year  1984  and  later)  to  estimate  what  percent  of  the 
fleet  currently  meets  alternative  side  impact  perform- 
ance levels.  There  are  data  available  on  23  models: 
10  2-door  models  and  13  4-door  models. 

In  assessing  the  changes  needed  in  current  vehi- 
cles to  meet  the  standard,  the  agency  has  not  calcu- 
lated the  effectiveness  of  modifications  that  only 
involve  structural  changes.  There  were  six  cases  of 
comparable  baseline  versus  "structure  alone"  tests. 
In  three  of  these  tests  for  the  driver,  the  TTI(d)  went 
up  and  in  three  tests,  the  TTI(d)  went  down.  A 
number  of  other  tests  have  shown  relatively  little  or 
no  benefit  from  structure  alone  countermeasures. 
Because  of  these  results,  the  agency  does  not  con- 
sider the  structural  countermeasure  it  developed  to 
be  a  consistent  means  of  reducing  side  impact  inju- 
ries. This  does  not  mean  that  countermeasures  us- 
ing only  structural  modifications  will  not  work.  It 
simply  means  that  the  approaches  evaluated  by  the 
agency  did  not  consistently  work. 

Ikble  3  shows  the  percentage  of  the  current  new 
model  passenger  car  fleet  that  meets  the  various 
alternative  levels  of  TTI(d)  at  different  seating  posi- 
tions in  a  car.  For  additional  explanation  of  the  data 
underlying  Table  3  and  the  other  tables  presented  in 
this  section,  see  Chapter  III,  Section  C  of  the  FRIA. 

T^ble  4  presents  estimates  of  the  percentage  of  the 
fleet  that  would  need  various  countermeasures  to 
meet  the  alternative  levels  of  TTI(d).  The  percentage 
of  the  fleet  is  derived  by  assuming  the  effectiveness 
of  the  countermeasures  as  follows:  for  drivers- 
padding  is  approximately  21  percent  effective  (i.e., 
padding  reduces  TTI(d)  by  21  percent),  structure  and 
padding  is  about  30  percent  effective,  and  heavy- 
weight structure  and  padding  is  43  percent  effective. 
For  rear  passengers,  padding  alone  is  assumed  to  be 


PART  571;  S214-PRE  35 


lABLE  3 

PERCENT  OF  THE  FLEET  MEETING 

ALTERNATIVE  TTI(d)  LEVELS 

TTI(d) 

Driver 

Rear  Passenger 

2-Dr. 

4-Dr. 

Total 

2-Dr. 

4-Dr. 

Tbtal 

80 

0.0% 

61.5% 

34.8 

30.0% 

53.8% 

43.5% 

85 

10.0 

69.2 

43.5 

40.0 

61.5 

52.2 

90 

10.0 

84.6 

52.2 

50.0 

69.2 

60.9 

95 

10.0 

84.6 

52.2 

50.0 

92.3 

73.9 

100 

20.0 

100.0 

65.2 

50.0 

100.0 

78.3 

105 

20.0 

100.0 

65.2 

70.0 

100.0 

87.0 

110 

70.0 

100.0 

87.0 

70.0 

100.0 

87.0 

115 

90.0 

100.0 

95.7 

80.0 

100.0 

91.3 

35  percent  effective.  The  agency  derived  these  effec- 
tiveness estimates  from  its  research  on  the  perform- 
ance improvements  resulting  from  the  use  of  various 
side  impact  protection  countermeasures  in  cars.  The 
agency  then  applied  these  effectiveness  estimates  to 
the  TTI(d)  values  obtained  for  each  of  the  23  produc- 
tion cars  that  were  tested  to  determine  which  counter- 
measure  would  be  needed  for  each  vehicle  at  the 
alternative  TTI(d)  levels  proposed  for  the  standard. 

Tkble  5  indicates  the  estimated  percentage  of  the 
current  fleet  meeting  various  alternative  standards 
for  pelvic  g's. 

Tkble  6  presents  the  percentage  of  the  fleet  that 
would  need  padding  to  meet  the  alternative  levels  of 
the  pelvic  g's  standard  being  analyzed.  Since  for 
drivers,  padding  alone  is  approximately  35  percent 
effective,  there  is  no  need  for  any  additional  coun- 
termeasure.  Similarly,  for  rear  passengers,  padding 
alone  is  approximately  33  percent  effective,  which  is 
sufficient  to  meet  the  standard  for  all  cars  at  all  of 
the  proposed  pelvic  g  levels. 

X.  Costs 

As  a  part  of  its  research  program  on  side  impacts, 
NHTSA  has  done  several  major  studies  of  the  poten- 
tial costs  associated  with  improving  side  impact 
protection.  The  first  cost  study  was  based  on  work 
begun  in  1980  with  the  Budd  Company  to  develop 
several  structural  modifications  for  improving  the 
side  impact  design  of  subcompact  two-door  sedans. 
As  discussed  earlier  in  this  notice,  the  Budd  Com- 
pany developed  four  alternative  side  structure  de- 
signs based  on  the  1976/1977  VW  Rabbit  two-door 
passenger  sedan.  The  production  version  VW  Rabbit 
was  used  as  a  baseline  for  comparing  the  weight, 
cost,  and  crash  impact  performance  of  the  four 
modified  design  versions. 

The  four  design  concepts  were  categorized  by  the 
total  added  weight  of  the  modifications  to  the  car 
and  were  designated  as  a  lightweight  design,  mid- 
dleweight design,  heavyweight  design  and  an  "opti- 


mized" design.  The  crash  test  results  for  the  light- 
weight and  middleweight  designs  showed  that  none 
of  the  structural  modifications  described  above  suf- 
ficiently improved  side  impact  protection  as  meas- 
ured by  reductions  in  thoracic  acceleration.  The 
heavyweight  and  optimized  designs  showed  promise 
of  reducing  side  impact  injuries  and,  consequently, 
the  agency  used  those  designs  in  calculating  the 
costs  associated  with  this  rulemaking. 

Subsequent  to  Budd's  completion  of  this  work, 
NHTSA  sponsored  several  studies  to  analyze  the 
costs  and  manufacturing  feasibility  of  structural 
modifications  and  increased  padding  to  improve  side 
impact  protection.  These  studies  have  concentrated 
on  examining  approaches  that  involve  vehicle  con- 
struction techniques  and  sophisticated  tools  used  in 
efficient  high-volume  production.  These  studies 
found  that  the  vehicle  modifications  examined  by 
the  agency  could  be  simplified  if  a  vehicle  manufac- 
turer planned  to  incorporate  side  impact  protection 
features  into  a  new  vehicle  design.  In  particular,  the 
studies  found  that  many  of  the  parts  used  in  the 
agency's  original  research  program  could  be  modi- 
fied, combined,  eliminated,  or  incorporated  into  a 
vehicle's  basic  structural  members. 

In  addition  to  examining  the  costs  of  structural 
improvements,  the  agency  has  also  analyzed  the 
costs  associated  with  the  addition  of  padding.  Both 
the  costs  and  the  weight  changes  derived  from  the 
modified  vehicle  tests  conducted  several  years  ago 
represent  relatively  high  values.  The  primary  pur- 
pose of  the  modifications  tested  was  to  reduce  side 
door  intrusion.  However,  as  discussed  above,  the  test 
results  showed  that  structural  improvements  alone 
did  not  necessarily  result  in  significant  reductions  in 
thoracic  acceleration,  as  measured  by  TTI(d). 

The  agency  believes  that  a  more  effective  and 
efficient  approach  for  reducing  occupant  thorax  and 
pelvis  injury  in  side  impacts  is  to  provide  "equiv- 
alent padding"  (either  actual  padding  or  modified, 
energy-absorbing  sheet-metal  structure)  as  neces- 


PART  571;  S214-PRE 


TABLE  4 

PERCENT  OF  THE  FLEET  NEEDING  VARIOUS 

COUNTERMEASURES  TO  MEET  ALTERNATIVE 

TTI(d)  LEVELS 

Two-Door  Models 

DRIVER 

REAR  PASSENGER                 | 

HEAVYWEIGHT 

STRUCTURE 

STRUCTURE 

STRUCTURE 

TTI(d) 

NONE 

PADDING 

&  PADDING 

&  PADDING 

NONE 

PADDING 

&  PADDING 

80 

0.0% 

20.0% 

70.0% 

10.0% 

30.0% 

60.0% 

10.0% 

85 

10.0 

20.0 

70.0 

0.0 

40.0 

50.0 

10.0 

90 

10.0 

80.0 

10.0 

0.0 

50.0 

40.0 

10.0 

95 

10.0 

90.0 

0.0 

0.0 

50.0 

50.0 

0.0 

100 

20.0 

80.0 

0.0 

0.0 

50.0 

50.0 

0.0 

105 

20.0 

80.0 

0.0 

0.0 

70.0 

30.0 

0.0 

110 

70.0 

30.0 

0.0 

0.0 

70.0 

30.0 

0.0 

115 

90.0 

10.0 

0.0 

0.0 

80.0 

20.0 

0.0 

Four-Door  Models 

DRIVER 

REAR  PASSENGER                 | 

HEAVYWEIGHT 

STRUCTURE 

STRUCTURE 

STRUCTURE 

TTI(d) 

NONE 

PADDING 

&  PADDING 

&  PADDING 

NONE 

PADDING 

&  PADDING 

80 

61.5% 

38.5% 

0.0% 

0.0% 

53.8% 

46.2% 

0.0% 

85 

69.2 

30.8 

0.0 

0.0 

61.5 

38.5 

0.0 

90 

84.6 

15.4 

0.0 

0.0 

69.2 

30.8 

0.0 

95 

84.6 

15.4 

0.0 

0.0 

92.3 

7.7 

0.0 

100 

100.0 

0.0 

0.0 

0.0 

100.0 

0.0 

0.0 

105 

100.0 

0.0 

0.0 

0.0 

100.0 

0.0 

0.0 

110 

100.0 

0.0 

0.0 

0.0 

100.0 

0.0 

0.0 

115 

100.0 

0.0 

0.0 

0.0 

100.0 

0.0 

0.0 

Combined  Fleet 

DRIVER 

REAR  PASSENGER                | 

HEAVYWEIGHT 

STRUCTURE 

STRUCTURE 

STRUCTURE 

TTI(d) 

NONE 

PADDING 

&  PADDING 

&  PADDING 

NONE 

PADDING 

&  PADDING 

80 

34.8% 

26.1 

34.8% 

4.3% 

43.5% 

52.2% 

4.3% 

85 

43.5 

21.7 

34.8 

0.0 

52.2 

43.5 

4.3 

90 

52.2 

43.5 

4.3 

0.0 

60.9 

34.8 

4.3 

95 

52.2 

47.8 

0.0 

0.0 

73.9 

26.1 

0.0 

100 

65.2 

34.8 

0.0 

0.0 

78.3 

21.7 

0.0 

105 

65.2 

34.8 

0.0 

0.0 

87.0 

13.0 

0.0 

110 

87.0 

13.0 

0.0 

0.0 

87.0 

13.0 

0.0 

115 

95.7 

4.3 

0.0 

0.0 

91.3 

8.7 

0.0 

PART  571;  S214-PRE  37 


TABLE  5 

PERCENT  OF  FLEET  MEETING 

ALTERNATIVE  LEVELS  FOR  PELVIC  ACCELERATION 

Level 

Driver 

Rear  Passenger                         | 

2-Dr. 

4-Dr. 

Weighted  Total 

2-Dr. 

4-Dr. 

Weighted  Tbtal 

130 

30.0 

91.7 

63.6 

80.0 

69.2 

78.3 

150 

60.0 

100.0 

81.8 

90.0 

92.3 

95.7 

170 

90.0 

100.0 

95.5 

100.0 

92.3 

95.7 

190 

100.0 

100.0 

100.0 

100.0 

92.3 

95.7 

sary  in  the  door  area.  This  should  be  more  cost- 
effective  than  making  structural  changes  for  these 
types  of  injuries.  This  has  been  demonstrated  by 
actual  production  vehicles.  For  example,  the  1987 
Nissan  Sentra  incorporated  significant  improve- 
ments, at  a  cost  of  apparently  less  than  $100  per 
vehicle  over  the  earlier  version  of  this  model,  to 
improve  considerably  both  the  frontal  and  side  im- 
pact safety  performance  of  the  vehicle.  Also,  there 


are  some  cars  tested  by  NHTSA  that  already  have 
relatively  good  side  impact  performance  for  the 
driver  (e.g..  Spectrum  2-door  with  TTI(d)  of  83.5  g, 
Caprice  4-door  with  TTI(d)  of  57.5.  Since  a  number  of 
cars  demonstrate  very  good  side  impact  performance 
without  adding  special  countermeasures,  the  agency 
believes  that  other  vehicles  could  also  be  redesigned  to 
improve  performance  at  lower  increases  in  consumer 
costs  than  shown  in  the  analysis. 


TABLE  6 

PERCENT  OF  FLEET  NEEDING  PADDING 

TO  MEET  ALTERNATIVE  LEVELS 

OF  THE  STANDARD  FOR  PELVIC  ACCELERATION 

Two-Door  Models 

Pelvic  g's 

DRIVER 

REAR  PASSENGER               | 

NONE 

PADDING 

NONE 

PADDING 

130 

30.0% 

70.0% 

80.0% 

20.0% 

150 

60.0 

40.0 

90.0 

10.0 

170 

90.0 

10.0 

100.0 

0.0 

190 

100.0 

0.0 

Four-Door  Models 

100.0 

0.0 

Pelvic  g's 

DRIVER 

REAR  PASSENGER 

NONE 

PADDING 

NONE 

PADDING 

130 

91.7% 

8.3% 

69.2% 

30.8% 

150 

100.0 

0.0 

92.3 

7.7 

170 

100.0 

0.0 

92.3 

7.7 

190 

100.0 

0.0 
Combined  Fleet 

92.3 

7.7 

Pelvic  g's 

DRIVER 

REAR  PASSENGER               | 

NONE 

PADDING 

NONE 

PADDING 

130 

63.6% 

36.4% 

78.3% 

21.7% 

150 

81.8 

18.2 

95.7 

4.3 

170 

95.5 

4.5 

95.7 

4.3 

190 

100.0 

0.0 

95.7 

4.3 

PART  571;  S214-PRE  38 


NHTSA  has  combined  the  estimates  of  the  vehicle 
modification  costs,  including  the  fuel  economy  and 
secondary  weight  costs,  associated  with  different 
types  of  side  impact  protection  modifications,  and 
the  estimates  of  the  percentage  of  the  fleet  that 
would  need  modifications  to  meet  various  thorax  and 
pelvis  acceleration  levels.  These  total  costs  are  sum- 
marized in  Tkble  7.  For  additional  explanation  of  the 
data  underlying  Tkble  7,  see  Chapter  V  of  the  FRIA. 

The  actual  costs  of  the  new  requirements  are 
expected  to  be  lower  than  the  estimates  shown  in 
Tkble  7,  which  are  derived  from  the  agency's  some- 
what outdated  cost  studies.  The  NHTSA  tests 
showed  that  some  existing  vehicles  could  meet  var- 
ious levels  of  side  impact  safety  performance  with 
little  modification.  This  suggests  there  are  less 
costly  ways  of  upgrading  side  impact  protection. 

Considering  that  most  of  the  vehicles  NHTSA  has 
tested  are  not  likely  to  be  in  the  fleet  5  years  after 
implementation  of  the  final  rule  when  the  standard 
becomes  fully  effective,  and  that  a  phase-in  schedule 
is  being  established,  the  agency  believes  that  it  is 
reasonable  to  assume  that  manufacturers  would 
incorporate  side  impact  safety  improvements  in  the 
"clean-sheet  design"  of  their  new  vehicle  models  to 
comply  with  the  standard  before  or  at  the  time  of  full 
implementation.  This  approach  will  likely  entail  re- 
search and  development,  engineering,  and  testing  ex- 
penses in  order  to  meet  the  standard,  but  perhaps, 
with  a  lessened  variable  cost  per  vehicle  than  the 
approach  of  making  improvements  to  existing  models. 

NHTSA  notes  that  its  estimate  of  the  average  cost 
to  achieve  improved  side  impact  crash  protection 
does  not  apply  to  every  vehicle.  The  agency- 
determined  countermeasures  required  to  achieve  a 
specific  level  of  improved  side  impact  crash  protec- 
tion depends  on  the  level  of  protection  in  the  current 
production  car  and  its  overall  design.  As  would  be 


expected,  the  cost  and  complexity  to  achieve  a  spe- 
cific level  is  typically  greater  for  current  production 
vehicles  with  higher  levels  of  TTI.  The  agency  estab- 
lished the  TTI  levels  in  the  rule  based  on  balancing 
the  safety  benefits  of  improving  side  impact  crash 
protection  with  the  practicability  of  the  countermeas- 
ures necessary  to  achieve  the  improvement. 

The  agency  has  not  designed  and  tested  counter- 
measures  to  prevent  door  openings  during  the  com- 
pliance tests.  Thus,  specific  cost  estimates  for  meas- 
ures to  meet  this  provision  are  not  available. 
However,  based  on  its  November  1982  evaluation  of 
Standard  No.  214,  the  agency  believes  that  reduc- 
tions in  the  possibility  of  door  openings  are  feasible 
through  structural  improvements  made  to  reduce 
the  TTI(d)  and  pelvic  g's.  The  1982  evaluation  found 
that  the  inclusion  of  side  door  beams  reduced  the 
incidence  of  door  openings  by  20-40  percent  in 
single  vehicle  crashes  and  by  10-30  percent  in 
multi-vehicle  crashes.  The  agency  believes  that  fur- 
ther reductions  are  possible  as  a  by-product  of  meas- 
ures adopted  to  comply  with  the  injury  criteria. 
Thus,  the  costs  of  reducing  door  openings  are  be- 
lieved to  be  included  in  the  above-mentioned  costs, 
or,  in  the  alternative,  are  estimated  to  be  relatively 
small,  on  the  order  of  $2-$4  per  vehicle  affected.  It  is 
estimated  that  only  a  small  portion  of  the  fleet 
would  be  so  affected. 

Ford  commented  that  NHTSA  assumed  incorrectly 
in  the  NPRM  that,  because  some  current  cars 
"nearly"  meet  the  proposed  requirements,  it  will  be 
relatively  easy  and  inexpensive  to  adapt  other  cars 
to  meet  the  proposed  regulation  simply  by  copying 
the  thick  door  designs  of  the  cars  that  nearly  meet 
the  requirements.  That  commenter  stated  that, 
based  on  an  extensive  test  program,  it  believes  that 
compliance  with  the  proposed  requirements  will  be 
neither  easy  nor  inexpensive.  Ford  argued  further 


TABLE  7 

ESTIMATED  COST  SUMMARY 

FRONT  AND  REAR  SEAT  OCCUPANTS-COMBINED  FLEET 

Total  Vehicle  Cost                                                       Total  Vehicle  Cost 

In  1989  $  Including                                                      In  1989  $  Including 

Lifetime  Fuel  Cost  Penalties                                     Lifetime  Fuel  Cost  Penalties 

(Without  Secondary  Weight  Effects)                            (With  Secondary  Weight  Effects) 

Per-Car  Weighted  Average 

80 

$83.5                                                                           $120.8 

85 

72.4                                                                             104.8 

90 

35.2                                                                               48.6 

95 

17.0                                                                               22.2 

100 

13.2                                                                               17.2 

105 

11.7                                                                               15.0 

110 

5.8                                                                                 7.6 

115 

2.7                                                                                 3.6 

PART  571;  S214-PRE  39 


that  "thicker  doors"  are  not  a  practicable  design 
solution  for  side  impact  protection  in  smaller,  i.e., 
subcompact  and  compact,  passenger  cars. 

Ford  noted  that  it  has  conducted  24  full  vehicle 
side  impact  crash  tests  and  has  participated  in 
numerous  similar  tests  conducted  by  MVMA.  That 
company  stated  that  when  test-to-test  variability  is 
considered,  vehicles  must  be  designed  to  meet  a 
TTI(d)  of  no  more  than  69  to  be  reasonably  confident 
that  a  production  vehicle,  tested  at  random,  would 
achieve  a  TTI(d)  of  85  or  less.  Ford  stated  that  only 
four  of  24  Ford  tests  resulted  in  a  TTI(d)  of  69  or  less. 
That  commenter  also  stated  that  available  test  data 
indicate  that  dummy  accelerations  measured  in 
small  cars  are  substantially  higher  than  those  meas- 
ured in  large  cars. 

Ford  stated  that,  based  on  its  current  knowledge, 
it  has  very  low  confidence  of  being  able  to  achieve 
TTI(d)'s  in  the  80  to  100  range  in  its  small  cars  in  the 
foreseeable  future  (six  years  or  less).  That  company 
stated  that  it  does  not  know  what  design  counter- 
measures  can  be  used  in  a  small  car  to  attain  such 
TTI(d)  values  without  unacceptably  increasing  the 
car's  width  and/or  decreasing  its  interior  space.  Ford 
also  stated  that  the  high  variability  in  test  data 
provided  by  the  rear  seat  in  small  cars  makes  it 
questionable  whether  Ford  could  ever  have  high 
confidence  in  rear  seat  compliance  test  results  for 
small  cars.  Ford  stated  that  it  was  unable  to  com- 
ment accurately  on  the  agency's  cost  and  weight 
estimates  until  designs  were  identified  for  each  of  its 
car  lines  that  could  meet  the  various  levels  of  TTI(d) 
and  pelvic  acceleration  specified  in  the  proposal.  It 
indicated,  however,  that  it  believed  the  agency's  cost 
estimates  were  low. 

NHTSA  notes  that  Ford's  comment  bears  on  a 
number  of  issues  that  are  separately  discussed  in 
this  notice.  That  company's  concern  about  variabil- 
ity is  discussed  above  in  the  section  on  test  procedure 
repeatability.  Ford's  comment  also  bears  on  feasibil- 
ity of  the  methods  of  compliance,  on  the  agency's 
estimate  of  the  portion  of  the  vehicle  fleet  needing 
improvement  to  achieve  compliance,  and  on  costs. 
For  convenience,  the  agency  is  responding  to  Ford's 
comment  concerning  these  latter  issues  together 

As  discussed  above,  NHTSA  engaged  in  signifi- 
cant side  impact  research  programs  to  make  "pro- 
duction feasible"  structural  changes  and  add  addi- 
tional padding  to  the  interior  surface  of  a  vehicle's 
side  door  to  improve  side  impact  protection.  The 
program  concentrated  on  small  cars,  because  the 
agency  anticipated  that  it  would  be  particularly 
difficult  to  improve  the  level  of  side  impact  protec- 
tion in  those  vehicles. 

The  results  of  the  agency's  research  program  were 
discussed  in  the  NPRM  and  documented  in  detail  in 
the  PRIA.  Among  other  things,  the  data  presented 


in  the  PRIA  indicate  that  TTI(d)  and  pelvic  g  levels 
below  the  limits  established  in  this  final  rule  can  be 
achieved  for  small  cars.  See,  for  example,  the  data  for 
modified  Volkswagen  Rabbits.  Ford  did  not  discuss  the 
agency's  extensive  research  program  in  its  comments. 
Since  NHTSA  believes  that  its  research  program 
clearly  demonstrated  the  feasibility  of  the  "counter- 
measures"  to  meet  the  new  side  impact  requirements, 
for  small  cars  as  well  as  large  cars,  it  does  not  agree 
with  the  concerns  expressed  by  Ford  in  this  area. 

Ford  further  asserted  that  it  must  design  vehicles 
to  meet  a  TTI(d)  of  no  more  than  69  to  be  reasonably 
confident  that  a  production  vehicle,  tested  at  ran- 
dom, would  achieve  a  TTI(d)  of  85  or  less.  The  agency 
notes  that  it  is  customary  for  a  manufacturer  to 
account  for  variation  in  a  vehicle's  design  in  any  case 
where  a  specific  test  value  must  be  met.  The  specific 
design  values  will  vary  among  vehicles  and  among 
manufacturers.  As  discussed  above  in  the  section  on 
repeatability,  manufacturers  have  not  demonstrated 
that  they  cannot  obtain  sufficiently  low  front/rear 
TTI(d)  and  pelvic  g  values  as  to  eliminate  concerns 
about  variability.  Moreover,  application  of  the  effec- 
tiveness values  cited  by  the  FRIA  for  various  coun- 
termeasures  to  the  23  make/models  used  for  estimat- 
ing benefits  indicates  that  the  front/rear  TTI(d)  and 
pelvic  g  values  can  be  reduced  below  the  limits  being 
established  in  this  final  rule. 

The  agency  notes  that  to  the  extent  that  manufac- 
turers design  to  levels  below  the  specified  limits,  an 
additional  number  of  vehicles  could  be  affected  by 
design  changes.  This  could  result  in  somewhat 
greater  costs.  However,  there  would  also  be  addi- 
tional benefits,  since  benefits  continue  to  accrue  at 
TTI(d)  and  pelvic  g  levels  below  the  specified  limits. 

In  addition  to  the  costs  associated  with  designing 
and  producing  the  countermeasures  needed  to  meet 
the  new  performance  requirements,  today's  rule  will 
also  result  in  some  test  equipment  costs.  The  SID 
dummy  is  basically  a  Part  572  dummy  with  a 
modified  thorax  that  uses  thoracic  and  pelvic  accel- 
eration to  measure  impact  loads.  A  SID  dummy 
purchased  new  costs  $26,250.  This  does  not  include 
approximately  $6,000  of  instrumentation,  bringing 
the  total  cost  to  $32,250. 

In  addition  to  the  cost  of  the  dummy,  there  are 
costs  associated  with  calibrating  the  dummy,  pur- 
chasing replacement  parts  and  performing  the  dy- 
namic crash  test.  NHTSA  estimates  the  total  incre- 
mental cost  per  dummy  per  test  application  to  be 
approximately  $3,490.  In  addition,  the  estimated 
cost  of  the  NHTSA  MDB  is  approximately  $26,200 
with  instrumentation.  This  does  not  include  the 
expendable  aluminum  honeycomb  face  and  bumper. 
This  item  currently  must  be  replaced  after  each  test 
and  is  estimated  to  cost  approximately  $1,700,  if 
purchased  in  quantities  of  60  or  more. 


PART  571;  S214-PRE  40 


XI.  Consumer  Reaction  to  Side  Door  Padding 

The  PRIA  reported  the  results  of  a  study  con- 
ducted to  evaluate  consumer  reaction  to  side  door 
padding.  The  study  tested  driver  performance  in 
both  baseline  Volkswagen  Rabbits  and  Rabbits  with 
increased  side  padding.  In  addition,  the  drivers  in 
the  study  were  asked  about  comfort.  A  survey  was 
also  taken  of  potential  car  buyers  concerning  the 
acceptability  of  additional  padding.  The  PRIA  con- 
cluded, in  view  of  the  existing  limited  data,  that  the 
majority  of  the  population  in  smaller  than  average 
cars  will  be  able  to  drive  normally  and  ride  in 
comfort  with  up  to  three  inches  of  additional  pad- 
ding. The  PRIA  further  concluded  that  consumers 
would  accept  the  concept  of  such  increased  side  door 
padding. 

Several  commenters  raised  issues  concerning  the 
representativeness  of  the  test  car  and  the  drivers.  As 
discussed  in  the  FRIA,  NHTSA  believes  that  the 
Volkswagen  Rabbit  was  reasonably  representative 
and  that  the  agency  did  a  reasonable  job  of  testing 
with  individuals  who  are  likely  to  have  the  most 
difficulty  with  additional  padding,  and  that  the 
conclusion  that  up  to  three  inches  of  padding  will  not 
affect  driving  performance  for  most  individuals  is 
accurate. 

XII.  Selection  of  TTI(d)  and  Pelvic  Acceleration 
Limits 

NHTSA  proposed  a  fairly  wide  range  of  values  for 
side  impact  performance  criteria.  For  TTI(d),  the 
agency  proposed  a  range  of  80  to  115.  For  pelvic 
acceleration,  the  agency  proposed  a  range  of  130  to 
190  g. 

The  Insurance  Institute  for  Highway  Safety  (IIHS) 
urged  NHTSA  to  adopt  a  TTI(d)  limit  of  80,  stating 
that  the  agency's  analysis  indicated  that  TTI(d)  of  80 
would  have  a  much  greater  effect  than  TTI(d)  of  85  in 
reducing  severe  injuries  and  deaths.  With  respect  to 
pelvic  acceleration,  that  organization  stated  that  the 
agency  should  not  set  a  limit  that  would  allow  a 
significant  degradation  in  existing  performance. 
That  commenter  stated  that  a  review  of  NHTSA's 
crash  tests  shows  that  the  measured  pelvic  acceler- 
ations in  unmodified  production  cars  varied  widely, 
with  many  accelerations  exceeding  the  upper  range 
proposed  by  the  agency.  However,  IIHS  also  con- 
tended that  the  test  data  show  that  existing  produc- 
tion cars  can  meet  pelvic  acceleration  limits  of  less 
than  90  g's.  IIHS  recommended  that  NHTSA  set  a 
pelvic  acceleration  limit  toward  the  lower  end  of  the 
90  to  130  g's  range. 

The  Center  for  Auto  Safety  and  Public  Citizen 
(CFAS/PC)  urged  NHTSA  to  set  limits  for  both  TTI(d) 
and  pelvic  acceleration  below  the  levels  of  the  ranges 
proposed  by  the  agency.  Those  organizations  recom- 
mended an  initial  TTI(d)  limit  of  70,  which  they 


contend  NHTSA's  research  has  demonstrated  to  be 
feasible,  and  also  recommended  that  the  limit  be 
reduced  to  60  in  two  years.  CFAS/PC  recommended  a 
pelvic  acceleration  limit  of  90  g's,  which  they  also 
believe  NHTSA  has  demonstrated  to  be  feasible. 

Greater  reductions  in  fatalities  and  serious  inju- 
ries are  associated  with  more  stringent  (lower)  limits 
on  TTI(d)  and  pelvic  acceleration.  Since  the  purpose 
of  this  rulemaking  is  to  address  the  serious  side 
impact  safety  problem,  NHTSA  generally  favors 
lower,  as  opposed  to  higher,  TTI(d)  and  pelvic  accel- 
eration limits.  However,  in  selecting  specific  values 
for  the  final  rule,  the  agency  must  consider  both  the 
increased  costs  associated  with  more  stringent  re- 
quirements and  the  technological  feasibility  of 
achieving  lower  limits  for  all  subject  cars. 

In  determining  the  appropriate  levels  for  a  final 
rule,  the  agency  has  specifically  analyzed  four  com- 
bined alternatives  for  the  thorax  and  pelvis,  all  of 
which  represent  TTI(d)  and  pelvic  acceleration  val- 
ues at  the  lower  ends  of  the  proposed  ranges. 

The  first  alternative  is  TTI(d)  =  80  and  pelvic  g's 
=  130.  These  are  the  most  stringent  values  proposed 
by  NHTSA.  The  FRIA  estimates  that  31.8  percent  of 
all  cars  currently  meet  these  levels  at  the  driver's 
position.  Only  one  out  of  the  23  models  tested  would 
need  heavyweight  structure  and  padding  modifica- 
tion to  meet  these  levels. 

The  second  alternative  is  TTI(d)  =  85  and  pelvic 
g's  =  130.  The  FRIA  estimates  that  the  TTI(d)  level 
of  85  is  currently  being  met  by  36.4  percent  of  the 
fleet  at  the  driver's  position.  No  existing  cars  would 
need  heavyweight  structure  and  padding  to  achieve 
85  TTI(d). 

The  third  alternative  is  TTI(d)  =  90  and  pelvic  g's 
=  130.  The  FRIA  estimates  that  the  TTI(d)  level  of 
90  is  currently  being  met  by  40.9  percent  of  all  cars 
at  the  driver's  position.  Most  cars  can  achieve  this 
level  using  only  padding. 

The  fourth  alternative  is  TTI(d)  =  95  and  pelvic 
g's  =  150.  The  TTI(d)  level  of  95  can  be  achieved 
with  padding  alone  by  all  cars.  A  pelvic  g  limit  of 
150  is  currently  being  met  by  81.8  percent  of  the  cars 
at  the  driver's  position  and  95.7  percent  of  the  cars 
at  the  rear  passenger  position. 

The  agency's  estimates  of  costs  and  benefits  for 
the  four  alternatives  are  presented  in  Tables  8 
through  10.  For  a  further  explanation  of  the  data 
underlying  these  tables,  see  Chapter  VII  of  the 
FRIA. 

In  considering  alternatives,  NHTSA  notes  that 
there  are  large  differences  in  cost  as  the  TTI(d)  level 
decreases.  The  largest  difference  in  TTI(d)  is  from  90 
g  to  85  g.  This  occurs  because  about  70  percent  of  the 
two-door   models   need   structure   and  padding  to 


PART  571;  S214-PRE  41 


TABLE  8 

COSTS  AND  BENEFITS  OF  COMBINATIONS  OF  ALTERNATIVES 

(1989  Dollars) 

TWO-DOORS  AND  FOUR-DOORS  COMBINED 

FRONT  AND  REAR  SEATS  COMBINED 

Costs 

per 

Vehicle 

TTI(d) 

Pel. 
g's 

Fatals 

Benefits 

AIS  3-5* 

Without 

Secondary 

Weight 

With 

Secondary 

Weight 

1.  80 

2.  85 

3.  90 

4.  95 

130 
130 
130 
150 

736 
581 
444 
326 

3,390 
2,900 
2,415 
1,522 

FRONT  SEATS 

$  83.5 
$  72.4 
$  35.2 
$  17.0 

Costs 

per 

$120.8 
$104.8 
$  48.6 
$  22.2 

Vehicle 

TTI(d) 

Pel. 
lis 

Fatals 

Benefits 

AIS  3-5* 

Without 

Secondary 

Weight 

With 

Secondary 

Weight 

1.  80 

2.  85 

3.  90 

4.  95 

130 
130 
130 
150 

654 
521 
399 
291 

3,071 
2,657 
2,244 
1,401 

REAR  SEATS 

$  66.6 
$  56.2 
$  20.7 
$  12.4 

Costs 

per 

$  97.2 
$  82.3 
$  28.2 
$  16.1 

Vehicle 

TTI(d) 

Pel. 

Fatals 

Benefits 

AIS  3-5* 

Without 

Secondary 

Weight 

With 

Secondary 

Weight 

1.  80 

2.  85 

3.  90 

4.  95 

130 
130 
130 
150 

82 
60 
45 
35 

319 
243 
171 
121 

$  16.9 
$  16.2 
$  14.5 
$     4.6 

$  23.7 
$  22.7 
$  20.4 
$     6.1 

*/Note:  Included 

in  the  AIS  3-5  totals  are  AIS  2  pelvic  fractures. 

PART  571;  S214-PRE  42 


TABLE  9 

COSTS  AND  BENEFITS  OF  COMBINATIONS  OF  ALTERNATIVES 

(1989  Dollars) 

TWO-DOORS 

. 

FRONT  AND  REAR  SEATS  COMBINED 

Costs 

per 

Vehicle 

TTI(d) 

1.  80 

2.  85 

3.  90 

4.  95 

Pel. 
lis 
130 
130 
130 
150 

Fatals 
510 
456 
387 
296 

Benefits 

AIS  3-5* 

2,658 
2,450 
2,186 
1,445 

Without 
Secondary 
Weight 
$179.2 
$155.4 
$  67.3 
$  35.6 

With 

Secondary 

Weight 

$263.7 
$228.7 
$  94.3 
$  46.3 

FRONT  SEATS 

Costs 

per 

Vehicle 

TTI(d) 

Pel. 

lis 

Fatals 

Benefits 

AIS  3-5* 

Without 

Secondary 

Weight 

With 

Secondary 

Weight 

1.  80 

2.  85 

3.  90 

4.  95 

130 
130 
130 
150 

459 
411 
347 
262 

2,451 
2,278 
2,047 
1,336 

REAR  SEATS 

$151.9 
$129.9 
$  43.7 
$  26.3 

Costs 

per 

$224.5 
$192.0 
$  60.1 
$  34.0 

Vehicle 

TTI(d) 

1.  80 

2.  85 

3.  90 

4.  95 

Pel. 

130 
130 
130 
150 

Fatals 
51 
45 
40 
34 

Benefits 

AIS  3-5* 
207 
172 
139 
109 

Without 
Secondary 
Weight 
$  27.3 
$  25.5 
$  23.6 
$     9.3 

With 

Secondary 

Weight 

$  39.2 
$  36.7 
$  34.2 
$  12.3 

*/Note:  Included  in  the  AIS  3 

-5  totals  are  AIS  2  pelvic  fractures. 

PART  571;  S214-PRE 


TABLE  10 

COSTS  AND  BENEFITS  OF  COMBINATIONS  OF  ALTERNATIVES 

(1989  Dollars) 

FOUR-DOORS 

FRONT  AND  REAR  SEATS  COMBINED 

Costs 

per 

Vehicle 

Without 

With 

Pel. 

Benefits 

Secondary 

Secondary 

TTI(d) 

l!! 

Fatals 

AIS  3-5* 

Weight 

Weight 

1.    80 

130 

226 

732 

$  19.7 

$  25.7 

2.    85 

130 

125 

450 

$  17.1 

$  22.4 

3.    90 

130 

57 

229 

$  13.8 

$  18.1 

4.    95 

150 

30 

77 
FRONT  SEATS 

$     4.7 

Costs 
Without 

per 

$     6.1 

Vehicle 

With 

Pfel. 

Benefits 

Secondary 

Secondary 

TTI(d) 

^ 

Fatals 

AIS  3-5* 

Weight 

Weight 

1.    80 

130 

195 

620 

$     9.7 

$  12.4 

2.    85 

130 

110 

379 

$     7.1 

$     91 

3.    90 

130 

52 

197 

$     5.3 

$     6.9 

4.    95 

150 

29 

65 
REAR  SEATS 

$     3.2 

Costs 
Without 

per 

$     4.1 

Vehicle 

With 

Pel. 

Benefits 

Secondary 

Secondary 

TTI(d) 

i!? 

Fatals 

AIS  3-5* 

Weight 

Weight 

1.    80 

130 

31 

112 

$  10.0 

$  13.3 

2.    85 

130 

15 

71 

$  10.0 

$  13.3 

3.    90 

130 

5 

32 

$     8.5 

$  11.2 

4.    95 

150 

1 

12 

$     1.5 

$     2.2 

*/Note: 

Included  in  the  AIS  3- 

-5  totals  are  AIS  2  pelvic  fractures. 

PART  571;  S214-PRE  44 


achieve  85  g,  while  only  10  percent  need  tiiese 
countermeasures  to  achieve  a  TTI(d)  of  90  g. 

While  costs  increase  as  TTI(d)  decreases,  benefits 
also  increase.  Given  the  greater  reductions  in  fatal- 
ities and  serious  injuries  that  occur  as  TTI  decreases 
(e.g.,  benefits  at  TTI  =  80  g  include  736  fewer 
fatalities,  as  compared  to  581  fewer  fatalities  at  TTI 
=  85  g,  and  444  fewer  fatalities  at  TTI  =  90  g), 
NHTSA  favors  the  lower  ends  of  the  proposed  ranges 
even  after  taking  into  account  the  higher  costs. 

Another  important  issue,  however,  is  technologi- 
cal feasibility.  In  particular,  based  on  its  review  of 
the  record,  NHTSA  is  concerned  about  the  ability  of 
manufacturers  to  achieve  TTI(d)  lower  than  90  g  for 
all  of  their  two-door  cars,  and  lower  than  85  g  for  all 
of  their  four-door  cars. 

NHTSA  believes  that  it  is  generally  more  difficult 
for  manufacturers  to  achieve  lower  TTI(d)  for  two- 
door  cars  than  for  four-door  cars.  The  reason  for  this 
is  that  the  side  structure  and  geometry  of  two-door 
cars  is  different  from  four-door  cars.  For  example, 
since  the  door  on  a  two-door  model  is  typically  wider 
than  on  a  four-door  model,  it  is  more  difficult  to 
design  as  strong  a  structure  for  the  door  on  the 
two-door  model.  Tkking  into  account  the  confidential 
data  submitted  by  the  manufacturers  and  other 
available  data,  the  agency  has  six  sets  of  data  on 
two-door  and  four-door  versions  of  the  same  model. 
These  data  indicate  that  the  driver  dummy  injury 
measurements  in  a  two-door  car  are  about  14  percent 
higher  than  in  a  four-door  car.  NHTSA  also  observes 
that  of  22  two-door  cars  for  which  the  agency  has 
data,  only  one  had  driver  TTI(d)  less  than  80  g,  only 
two  had  less  than  85  g,  and  only  five  had  less  than 
90  g. 

The  agency  also  believes  that  variability  should  be 
taken  into  account  in.  selecting  performance  limits. 
As  discussed  above  in  the  section  on  repeatability,  a 
certain  amount  of  variability  (both  vehicle-to- vehicle 
variability  and  test  procedure  variability)  will  al- 
ways exist  when  different  vehicles  of  the  same  make/ 
model  are  subjected  to  a  crash  test.  Moreover,  since 
each  vehicle  is  required  to  meet  a  specified  perform- 
ance limit,  it  is  normal  for  a  manufacturer  to  ac- 
count, in  a  vehicle's  design,  for  such  variation.  While 
the  specific  design  values  will  vary  among  vehicles 
and  among  manufacturers,  vehicles  will  generally 
be  designed  to  values  somewhat  below  those  speci- 
fied by  a  particular  standard. 

The  issue  of  variability  is  related  to  actual  costs 
and  benefits.  As  indicated  above,  to  the  extent  that 
manufacturers  design  to  levels  below  the  specified 
limits,  there  could  be  somewhat  greater  costs.  How- 
ever, there  would  also  be  additional  benefits,  since 
benefits  continue  to  accrue  at  TTI(d)  and  pelvic  g 
levels  below  the  specified  limits. 

NHTSA  does  not  agree  with  CFAS/PC's  argument 


(for  TTI(d)  and  pelvic  acceleration)  and  IIHS's  argu- 
ment (for  pelvic  acceleration)  that  the  agency's  re- 
search demonstrates  that  performance  limits  could 
be  set  far  below  the  levels  of  the  proposed  ranges.  In 
setting  performance  limits  that  must  be  met  by  all 
cars,  the  agency  must  consider  all  available  data  and 
not  focus  exclusively  on  test  results  for  a  very  small 
number  of  cars.  Also,  since  each  car  must  meet  a 
specified  performance  limit,  the  agency  must  take 
variability  into  account. 

Based  on  its  review  of  all  available  data,  NHTSA 
has  decided  to  adopt  a  TTI(d)  limit  of  85  g  for  4-door 
cars  and  90  g  for  2-door  cars.  The  pelvic  acceleration 
limit  is  being  set  at  130  g  for  all  cars.  This  repre- 
sents a  combination  of  the  second  and  third  alterna- 
tives discussed  above.  These  requirements  will  re- 
sult in  significant  safety  benefits,  and  the  agency  is 
convinced  that  all  cars  can  be  designed  to  meet  the 
requirements.  The  agency  is  not  adopting  less  strin- 
gent requirements  in  view  of  the  smaller  benefits 
that  would  result.  NHTSA  believes  the  record  does 
not  justify  setting  more  stringent  requirements  at 
this  time,  given  uncertainties  as  to  whether  manu- 
facturers could  meet  such  requirements  for  all  of 
their  cars. 

Given  the  possible  additional  safety  benefits  that 
could  result  from  lower  TTI(d)  limits,  however, 
NHTSA  plans  in  the  future  to  reevaluate  the  feasi- 
bility of  lower  TTI(d)  limits.  Both  the  agency  and 
manufacturers  will  then  have  considerably  more 
information  about  the  countermeasures  that  can  be 
used  to  improve  side  impact  protection  and  their 
effectiveness.  The  agency  therefore  plans  to  conduct 
such  an  evaluation  at  that  time. 

NHTSA's  estimates  of  costs  and  benefits  for  the 
performance  requirements  being  adopted  today  are 
presented  in  Tkble  11.  For  a  further  explanation  of 
the  data  underlying  this  table,  see  Chapter  VII  of 
the  FRIA. 

XIII.  Inclusion  of  Rear  Seat  Performance 
Requirements 

Numerous  commenters  argued  that  NHTSA 
should  not  include  rear  seat  performance  require- 
ments in  a  final  rule.  The  main  reason  cited  by 
commenters  relates  to  the  low  occupancy  of  rear 
seats,  and  hence  to  the  lower  benefits  of  rear  seat  as 
compared  to  front  seat  requirements.  Toyota  argued, 
for  example,  that  studies  of  accident  data  demon- 
strate that  of  the  total  number  of  occupant  side 
impact  injuries,  the  percentage  of  rear  seat  occu- 
pants is  small,  and  that  it  is  therefore  not  cost- 
effective  to  require  side  impact  protection  in  rear 
seats.  Volkswagen  stated  that  a  NHTSA  study  of 
safety  belt  use  indicated  that  the  left  rear  and  right 
rear  seats  in  passenger  cars  are  occupied  in  only  2.0 
and  1.7  percent  of  trips  by  cars,  respectively.  That 


PART  571;  S214-PRE  45 


TABLE  11 

COSTS  AND  BENEFITS  OF  FINAL  RULE 

(1989  Dollars) 

COSTS  PER  VEHICLE       | 

Without 

With 

BENEFITS 

Secondary 

Secondary 

Fatals 

AIS  3-5* 

Weight 

Weight 

Total  benefits  (2-doors  and  4-doors  combined/ 

front  and  rear  seats  combined) 

512 

2,636 

$37.1 

$51.2 

2-doors  and  4-doors  combined/front  seats 

457 

2,426 

$21.7 

$29.5 

2-doors  and  4-doors  combined/rear  seats 

55 

210 

$15.4 

$21.7 

2-doors/front  and  rear  seats  combined 

387 

2,186 

$67.3 

$94.3 

2-doors/front  seats 

347 

2,047 

$43.7 

$60.1 

2-doors/rear  seats 

40 

139 

$23.6 

$34.2 

4-doors/front  and  rear  seats  combined 

125 

450 

$17.1 

$22.4 

4-doors/front  seats 

110 

379 

$  7.1 

$  9.1 

4-doors/rear  seats 

15 

71 

$10.0 

$13.3 

*/Note:  Included  in  the  AIS  3-5  totals  are 

AIS  2  pelvic  fractures. 

commenter  stated  that  NHTSA  has  not  identified  or 
justified  the  rear  seating  position  as  requiring  addi- 
tional protection.  Volkswagen  expressed  concern 
that  a  second  dummy  doubles  the  complexity  of  data 
collection  and  the  potential  for  lost  channels.  That 
company  also  cited  dummy  positioning  problems,  a 
subject  addressed  above,  as  a  reason  to  eliminate 
rear  seat  performance  requirements.  Rolls-Royce 
stated  that  the  structural  countermeasures  provided 
for  the  front  seating  position  are  likely  also  to  be 
effective  for  rear  seats,  and  that  the  interior  padding 
countermeasures  required  for  the  front  compart- 
ment will  most  likely  be  similarly  provided  for  the 
rear  compartment,  both  as  good  engineering  prac- 
tice and  for  reasons  of  design  symmetry  and  style. 

NHTSA  recognizes  that  the  benefits  of  improved 
side  impact  performance  are  considerably  lower  for 
rear  seats  than  front  seats,  given  the  low  occupancy 
of  rear  seats.  The  costs  are  also  lower,  however.  As 
indicated  in  Table  11,  above,  the  costs  per  vehicle 
associated  with  the  alternative  requirements  being 
adopted  today  are  about  $22  for  front  seats  versus 
$15  for  rear  seats.  (With  secondary  weight,  the  costs 
are  about  $30  and  $22,  respectively.)  Moreover, 
NHTSA  believes  that  the  benefits  associated  with 
rear  seat  requirements  are  considerable,  55  fewer 
fatalities  and  210  fewer  serious-to-critical  injuries 
each  year.  While  Rolls-Royce  speculates  that  manu- 
facturers would  provide  similar  protection  in  rear 
seats  as  for  the  front  seats,  such  similar  protection 
would  not  be  ensured  without  requiring  it  in  the 
final  rule.  The  agency  concludes  that  rear  seat  side 
impact  performance  requirements  are  justified. 


XIV.  Leadtime/Phase-in 

The  leadtime  needed  to  meet  the  new  side  impact 
requirements  varies  depending  upon  what  counter- 
measures  are  necessary  for  particular  models.  As 
discussed  in  the  NPRM,  for  vehicles  needing 
"padding  only"  countermeasures,  NHTSA  estimates 
that  the  normal  leadtime  to  design,  tool  and  test  new 
interior  trim  panels  and  armrests  is  approximately 
14  to  18  months.  For  vehicles  requiring  either  struc- 
ture and  padding  or  heavyweight  structure  and 
padding,  greater  leadtime  is  required.  In  cases  in- 
volving only  relatively  minor  changes  in  design  and 
tooling  to  the  doors,  "A"  and  "B"  pillars,  side  rails, 
etc.,  needed  leadtime  probably  will  not  exceed  two 
years.  However,  some  structure/padding  upgrade  de- 
signs may  require  complete  new  body  structural 
designs.  For  these  models,  four  to  five  years  of 
leadtime  may  be  necessary  in  order  to  minimize 
diversions  of  engineering  resovu"ces  from  normal 
planned  product  decisions,  interruption  of  planned 
new  model  changes,  and  retooling  and  production 
costs. 

NHTSA  stated  in  the  NPRM  that  it  believed  that 
the  best  approach  to  addressing  the  varying  lead- 
time  requirements  was  to  phase-in  the  standard.  The 
agency  noted  that  this  would  allow  manufacturers 
that  can  use  the  relatively  straightforward  padding 
approach  in  some  of  their  models  to  adopt  that 
countermeasure  in  the  early  years  of  the  phase-in, 
while  providing  sufficient  time  for  manufacturers  to 
design,  develop,  and  produce  significant  structural 
modifications  for  those  vehicles  that  need  major 
changes. 


PART  571;  S214-PRE  46 


NHTSA  proposed  that  the  new  requirements  be 
phased-in  according  to  the  following  implementa- 
tion schedule: 

10  percent  of  all  cars  manufactured  during  the 
first  full  production  year  (September  1  to  August  31) 
beginning  more  than  24  months  after  the  issuance  of 
the  final  rule; 

25  percent  of  all  cars  manufactured  during  the 
second  full  year  beginning  after  that  24-month 
period; 

40  percent  of  all  cars  manufactured  during  the 
third  full  year  after  that  24-month  period;  and 

100  percent  of  all  cars  manufactured  on  or  after 
the  beginning  of  the  fourth  full  year  after  that 
24-month  period. 

While  the  proposed  regulatory  text  did  not  specify 
the  terms  of  the  phase-in,  NHTSA  indicated  that  it 
contemplated  adding  regulatory  text  along  the  lines 
used  to  adopt  the  phase-in  of  Standard  No.  208, 
Occupant  Crash  Protection.  The  agency  requested 
comments  on  that  approach. 

Manufacturers  supported  a  phase-in.  Ford  recom- 
mended that  provisions  like  those  in  Standard  No. 
208  relating  to  production  volumes  (see  S4. 1.3.2. 2), 
carry-forward  credits  (see  S4. 1.3.4(b),  (c)  and  (d)),  and 
cars  produced  by  more  than  one  manufacturer  (see 
S4.1.3.5)be  adopted. 

Honda  argued  that  a  longer  phase-in  should  be 
provided.  That  commenter  stated  that  it  is  not 
appropriate  to  apply  the  same  phase-in  as  was  spec- 
ified for  Standard  No.  208,  since  neither  NHTSA  nor 
manufacturers  have  the  experience  regarding  the 
determination  of  energy  absorption  and  the  relation- 
ship between  the  internal  wall  of  the  vehicle  and  the 
dummy  that  was  available  with  respect  to  Standard 
No.  208.  Honda  suggested  that  at  least  one  more  step 
be  provided  in  the  phase-in. 

Peugeot  argued  that  the  proposed  phase-in  sched- 
ule would  in  reality  require  those  manufacturers 
who  have  only  one  model  on  the  American  market  to 
comply  in  100  percent  of  their  vehicles  sold  in  the 
first  year  of  the  phase-in,  only  two  years  after  the 
final  rule  has  been  promulgated.  That  company 
stated  that  protection  in  side  impacts  is  much  more 
difficult  to  insure  than  in  frontal  impacts,  because 
the  available  space  to  absorb  the  energy  is  smaller. 
Peugeot  stated  that,  depending  on  the  levels  adopted 
for  the  proposed  performance  requirements,  five 
years  leadtime  might  be  required.  Peugeot  sug- 
gested that  an  alternative  phase-in  schedule  be 
provided  for  manufacturers  which  comply  with  100 
percent  of  their  vehicles  at  initial  application.  Sim- 
ilar concerns  were  expressed  by  Austin  Rover  and 
Rolls-Royce. 

NHTSA  disagrees  that  a  longer  phase-in  is  needed 
than  for  Standard  No.  208.  While  Honda  argued  that 
neither  the  agency  nor  manufacturers  have  as  much 


experience  in  this  area,  NHTSA  believes  that  its 
research  program  has  sufficiently  identified  the 
kinds  of  countermeasures  that  are  necessary  to  meet 
the  new  requirements.  Further,  the  agency  believes 
that  the  phase-in  provides  adequate  time  for  manu- 
facturers to  add  padding  and  make  structural 
changes,  as  necessary,  and  to  certify  compliance  for 
their  vehicles. 

NHTSA  believes  that  the  proposed  phase-in  sched- 
ule can  be  viewed  as  being  not  necessarily  any  more 
difficult  for  single  line  manufacturers  than  for  large 
manufacturers.  Since  the  proposed  phase-in  sched- 
ule requires  at  least  10  percent  of  a  manufacturer's 
cars  to  comply  with  the  new  side  impact  requirement 
in  the  first  year  of  the  phase-in,  in  practice  each 
manufacturer  must  bring  at  least  one  model  into 
compliance  for  that  year.  Viewed  in  this  way,  the 
burden  on  a  manufacturer  with  only  one  model  in 
the  U.S.  market  to  bring  one  model  into  compliance 
for  the  first  year  may  be  regarded  as  not  being  any 
different  than  that  of  a  manufacturer  which  sells 
many  models.  NHTSA  further  notes  that  the  phase- 
in  for  Standard  No.  208  had  similar  provisions  and 
that  manufacturers  with  a  limited  number  of  models 
in  the  U.S.  market  were  able  to  comply  with  that 
Standard.  No  manufacturer  provided  evidence  that 
it  could  not  meet  the  proposed  requirements  for  at 
least  one  model  with  two  years  leadtime. 

On  the  other  hand,  the  agency  recognizes  that  a 
single  model  represents  all  of  a  single  line  manufac- 
turer's production  and  only  a  small  portion  of  a 
multi-line  manufacturer's  production.  It  also  recog- 
nizes that  a  greater  portion  of  a  single  line  manu- 
facturer's engineering  expertise  and  other  resources 
will  be  called  upon  to  bring  that  single  line  into 
compliance  than  a  multi-line  manufacturer  will 
have  to  use  to  achieve  compliance  for  a  single  line. 
The  same  points  are  true,  albeit  to  a  lesser  extent, 
for  a  multi-line  foreign  manufacturer  importing  only 
a  single  model  line  into  the  United  States. 

The  agency  has  identified  an  alternative  compli- 
ance schedule  which  it  believes  would  help  meet  the 
concerns  of  single  line  manufactvu"ers,  while  also 
being  consistent  with  the  need  for  motor  vehicle 
safety.  Under  this  option,  a  manufacturer  would  not 
need  to  meet  the  new  requirements  for  any  cars 
during  the  first  year  of  the  phase-in,  but  would  then 
be  required  to  meet  the  requirements  for  all  of  its 
cars  beginning  with  the  second  year  of  the  phase-in. 
A  manufacturer  choosing  this  option  would  thus 
have  three  years  leadtime  to  meet  the  new  require- 
ments. While  this  option  would  be  available  to  all 
manufacturers,  the  agency  believes  that  it  would  not 
be  feasible  for  the  larger  manufacturers  to  comply 
with  it.  NHTSA  believes  that  the  option  would  be 
consistent  with  the  need  for  motor  vehicle  safety, 
since  the  number  of  cars  meeting  the  new  require- 


PART  571;  S214-PRE  47 


ments  during  the  three-year  phase-in  period  would 
be  considerably  higher  under  this  option  than  under 
the  other  schedule. 

CFAS/PC  argued  that  the  proposed  phase-in 
schedule  is  an  example  of  NHTSA  being  "far  too 
solicitous  of  the  wishes  of  auto  company  manage- 
ments and  far  too  indifferent  to  the  safety  needs  of 
the  public."  Those  commenters  questioned  whether 
there  needs  to  be  any  phase-in  at  all,  stating  that  the 
agency  has  not  made  an  adequate  case  for  the 
lengthy  phase-in  it  proposed.  They  also  argued  that 
if  there  is  a  phase-in,  small  and  medium  size  cars 
should  be  phased  in  first  since  the  fatality  rates  in 
side  impact  crashes  for  those  cars  is  twice  the 
fatality  rate  in  large  cars. 

NHTSA  notes  that  one  reason  a  phase-in  is  appro- 
priate is  that  most  manufacturers  have  many  models 
subject  to  the  new  requirements.  These  manufactur- 
ers must  design  and  produce  the  necessary  modifi- 
cations to  meet  the  new  requirements  for  each  of 
their  models.  However,  the  same  engineering  re- 
sources and  testing  facilities  may  be  needed  for  all  of 
the  models,  and  cannot  be  used  simultaneously. 
Given  the  complexity  of  the  new  side  impact  require- 
ments, the  agency  believes  that  the  length  of  the 
proposed  phase-in  is  appropriate.  With  respect  to 
CFAS/PC's  suggestion  that  the  requirements  be 
phased  in  for  smaller  cars  first,  NHTSA  notes  that 
the  requirements  are  generally  more  difficult  to 
meet  for  small  cars  than  large  cars.  If  the  require- 
ments were  phased  in  for  smaller  cars  first,  it  might 
therefore  be  necessary  to  begin  the  phase-in  at  a 
later  time.  The  agency  believes  it  is  appropriate  to 
permit  manufacturers  flexibility  in  this  area. 

After  considering  the  comments,  NHTSA  has  de- 
cided to  adopt  the  proposed  phase-in  schedule,  while 
also  providing  the  alternative  compliance  schedule 
discussed  above.  More  specifically,  each  manufactur- 
er's passenger  cars  manufactured  on  or  after  Sep- 
tember 1,  1993,  for  sale  in  the  United  States,  will 
have  to  meet  the  new  side  impact  performance  require- 
ments based  on  the  following  phase-in  schedule: 

10  percent  of  automobiles  manufactured  during 
the  12  month  period  beginning  September  1,  1993; 

25  percent  of  automobiles  manufactured  during 
the  12  month  period  beginning  September  1,  1994; 

40  percent  of  automobiles  manufactured  during 
the  12  month  period  beginning  September  1,  1995; 
and 

All  automobiles  manufactured  on  or  after  Septem- 
ber 1,  1996. 

Under  the  alternative  compliance  schedule,  no 
compliance  will  be  required  during  the  production 
year  beginning  September  1,  1993,  but  full  imple- 
mentation will  be  required  effective  September  1, 
1994. 

NHTSA  notes  that  while  the  final  rule  establishes 


different  TTI(d)  limits  for  two-door  cars  and  four-door 
cars,  manufacturers  need  not  meet  the  phase-in 
requirements  separately  for  these  two  types  of  cars. 
For  example,  during  the  first  year  of  the  phase-in,  a 
manufacturer  does  not  need  to  have  10  percent  of  its 
two-door  cars  and  10  percent  of  its  four-door  cars 
meet  the  new  requirements.  The  10  percent  require- 
ment applies  to  the  manufacturer's  fleet  as  a  whole, 
and  could  be  met  entirely  by  two-door  cars  or  four- 
door  cars,  or  by  a  combination  of  the  two  types  of 
cars. 

As  suggested  by  Ford,  the  agency  has  included 
provisions  similar  to  those  in  Standard  No.  208  for 
production  volumes  and  cars  produced  by  more  than 
one  manufacturer.  In  cases  where  passenger  cars  are 
manufactured  by  two  or  more  companies,  manufac- 
turers may  determine,  by  contract,  which  of  them 
will  count  such  vehicles.  Two  rules  of  attribution 
apply  in  the  absence  of  such  a  contract.  First,  a 
passenger  car  which  is  imported  for  purposes  of 
resale  is  attributed  to  the  importer,  which  will  be 
responsible  for  meeting  the  percentage  phase-in  re- 
quirements and  for  making  the  necessary  reports. 
This  applies,  of  course,  to  both  direct  importers  as 
well  as  importers  authorized  by  the  vehicle's  original 
manufacturer.  (In  this  context,  direct  importation 
refers  to  the  importation  of  cars  which  are  originally 
manufactured  for  sale  outside  the  U.S.  and  which 
are  then  imported  without  the  manufacturer's  au- 
thorization into  the  U.S.  by  an  importer  for  purposes 
of  resale.  The  Vehicle  Safety  Act  requires  that  such 
vehicles  be  brought  into  conformity  with  Federal 
motor  vehicle  safety  standards.)  Under  the  second 
attribution  rule,  a  passenger  car  manufactured  in 
the  United  States  by  more  than  one  manufacturer, 
one  of  which  also  markets  the  vehicle,  is  attributed 
to  the  manufacturer  which  markets  the  vehicle. 
These  two  attribution  rules  generally  attribute  a 
vehicle  to  the  manufacturer  which  is  most  responsi- 
ble for  the  existence  of  the  vehicle  in  the  United 
States,  i.e.,  by  importing  the  vehicle  or  by  manufac- 
turing the  vehicle  for  its  own  account  as  part  of  a 
joint  ventiu-e,  and  marketing  the  vehicle. 

NHTSA  has  decided  not  to  include  provisions  for 
carry-forward  credits.  For  the  Standard  No.  208 
phase-in,  the  agency  decided  that  it  would  be  appro- 
priate to  permit  manufacturers  that  exceeded  the 
minimum  phase-in  requirements  in  earlier  years  to 
"count"  those  extra  vehicles  toward  meeting  the 
minimum  percentage  requirements  of  later  years. 
The  agency  concluded  that  such  a  credit  would 
encourage  the  early  introduction  of  larger  numbers 
of  automatic  restraints.  One  difference  between  the 
Standard  No.  208  phase-in  and  the  side  impact 
phase-in  is  that  almost  all  cars  needed  the  addition 
of  automatic  belts  or  air  bags  in  order  to  meet 
Standard  No.  208,  while  many  vehicles  do  not  need 


PART  571;  S214-PRE  48 


any  changes  to  meet  the  new  side  impact  require- 
ments. If  carry-forward  credit  provisions  were  estab- 
lished for  the  side  impact  phase-in,  manufacturers 
might  be  able  to  build  up  credits  during  the  early 
years  of  the  phase-in  by  using  cars  which  already 
meet  the  standard  and  thereby  avoid  making  the 
necessary  changes  to  meet  the  full  percentage  re- 
quirements in  the  later  years  of  the  phase-in.  For 
this  particular  rulemaking,  the  agency  therefore 
concludes  that  carry-forward  credit  provisions  would 
be  inappropriate. 

XV.  Retention  of  Related  Requirements  in 
Standard  No.  214  and  Other  Standards 

In  the  NPRM,  the  agency  requested  comments  on 
retaining  the  existing  requirements  of  Standard  No. 
214  if  the  proposed  new  performance  requirements 
were  adopted.  For  many  years,  the  standard  has 
required  each  side  door  to  resist  crush  forces  that  are 
applied  by  a  piston  pressing  a  steel  cylinder  against 
the  door's  outside  surface  in  a  laboratory  test. 
NHTSA's  research  has  shown  that  the  existing  re- 
quirements of  the  standard  have  been  effective  in 
reducing  fatalities  and  injuries  in  single  vehicle 
impacts.  The  agency  believes  that  the  primary  rea- 
son for  the  effectiveness  of  the  current  standard  is 
that  it  reduces  intrusion  in  the  vehicle.  In  particular, 
the  added  side  door  beam  helps  to  keep  a  pole,  tree, 
guardrail  or  other  fixed  object  from  intruding  into 
the  occupant's  seating  position  and  from  hitting  the 
occupant.  Given  the  effectiveness  of  the  existing 
requirements,  the  agency  indicated  that  it  contem- 
plated retaining  them. 

Numerous  commenters  argued  that  the  existing 
requirements  of  Standard  No.  214  should  be  deleted 
as  superfluous  if  dynamic  test  requirements  become 
effective.  Some  commenters  argued  that  the  existing 
requirements  are  not  the  best  means  for  addressing 
pole  impacts.  Commenters  also  suggested  that  the 
retention  of  the  existing  requirements  might  make 
it  more  difficult  to  meet  the  new  requirements. 

Ford  argued  that  the  existing  Standard  No.  214 
provisions  should  be  retained  because  they  have 
proven  effective  in  reducing  injuries  and  fatalities 
resulting  from  single  vehicle  side  impacts  into  poles 
and  trees.  That  company  stated  that  the  proposed 
full  vehicle  crash  testing  does  not  address  concen- 
trated loading,  such  as  by  poles  and  trees,  which 
account  for  approximately  a  quarter  of  side  impacts. 
Ford  also  argued,  however,  that  changes  should  be 
made  in  the  existing  requirements  to  make  them 
more  realistic. 

After  considering  the  comments,  NHTSA  has  de- 
cided to  retain  the  existing  requirements  of  Stan- 
dard No.  214.  The  agency  concludes  that  the  existing 
requirements  have  proven  to  be  effective  and  to 
provide  benefits  in  single  vehicle  crashes  that  would 


not  necessarily  be  provided  by  the  new  dynamic 
requirements.  NHTSA  is  not  aware  of  any  evidence 
indicating  that  compliance  with  the  existing  re- 
quirements will  make  it  difficult  to  meet  the  new 
requirements.  Moreover,  those  current  models  which 
already  meet  the  new  requirements  also  meet  the 
existing  requirements.  NHTSA  does  not  consider 
changes  to  the  existing  requirements  or  alternative 
ways  of  addressing  pole  impacts  to  be  within  the 
scope  of  the  NPRM. 

The  NPRM  also  requested  comments  on  whether  to 
retain  the  requirements  of  Standard  No.  201,  Occu- 
pant Protection  in  Interior  Impact,  concerning  arm- 
rests. That  standard  sets  forth  various  requirements 
for  armrests,  including  ones  which  require  armrests  to 
be  constructed  with  energy-absorbing  material. 

Several  commenters  argued  that  it  is  unnecessary 
to  retain  the  armrest  requirements  of  Standard  No. 
201  once  a  dynamic  side  impact  test  requirement 
becomes  effective.  Those  commenters  argued  that 
the  armrest  requirements  would  be  duplicative. 

After  considering  the  comments,  however,  NHTSA 
has  decided  to  retain  the  Standard  No.  201  require- 
ments. The  new  dynamic  requirements  primarily 
address  hard  thorax  injuries,  which  include  some, 
but  not  all  abdominal  injuries.  NHTSA  believes  that 
the  Standard  No.  201  requirements  provide  benefits 
that  might  not  be  provided  by  the  dynamic  test  re- 
quirements of  Standard  No.  214.  As  indicated  above, 
the  SID  dummy  was  not  designed  with  an  abdominal 
load  sensor.  Therefore,  the  proposed  test  procedure 
might  not  pick  up  a  concentrated  load  applied  to  the 
abdomen,  such  as  might  occur  from  an  armrest  im- 
pacting an  occupant  in  a  crash.  NHTSA  therefore 
believes  that  it  is  appropriate  to  continue  to  specify 
separate  requirements  for  armrests  to  help  ensure  that 
they  are  not  overly  aggressive  in  crashes. 

XVI.  Limitation  on  Intrusion 

In  the  NPRM,  the  agency  requested  comments  on 
whether  it  should  adopt  a  separate  limitation  on  the 
intrusion  that  occurs  during  the  proposed  dynamic 
side  impact  test. 

Manufacturers  argued  that  the  agency  should  not 
adopt  a  limitation  on  intrusion.  Ford  stated  that 
compliance  with  the  current  Standard  No.  214  test 
requirement  and  the  proposed  test  requirements 
would  inherently  limit  the  amount  of  intrusion. 
That  commenter  argued  that  there  is  no  need  for  an 
additional  requirement  that  is  design  restrictive. 
Nissan  stated  that  there  is  no  need  for  superimpos- 
ing an  intrusion  restriction  upon  that  of  dummy 
readings.  That  company  stated  that  since  NHTSA's 
real  intent  is  to  lower  dummy  readings,  the  manu- 
facturers should  be  provided  with  design  flexibility. 
Volvo  stated  that,  according  to  its  tests,  the  amount 
of  intrusion  does  not  directly  translate  to  injuries 


PART  571;  S214-PRE  49 


measured  in  the  occupants.  That  commenter  stated 
that  it  is  the  dynamic  behavior  of  the  deformation 
and  the  amount  of  intrusion  during  the  first  30 
milliseconds  of  the  side  impact  crash  that  is  of 
importance  for  the  injury  criteria  levels  and  that  it  is 
not  evident  that  the  amount  of  residual  deformation 
correlates  to  the  dynamic  event.  Volvo  expressed 
concern  that  adding  a  requirement  on  the  amount  of 
deformation  could  create  a  risk  of  sub-optimization 
for  TTI(d)  or  pelvic  G's.  Austin  Rover  stated  that  a 
limit  on  intrusion  would  not  serve  a  useful  purpose. 
That  company  stated  that  the  injuries  sustained  by 
occupants  in  the  proposed  test  are  due  to  the  occu- 
pant being  accelerated  sideways  by  the  inside  sur- 
face of  the  vehicle.  Austin  Rover  argued  that  injuries 
sustained  by  intrusion  would  more  likely  be  caused 
by  crushing  the  occupant  between  the  side  of  the 
vehicle  and  some  other  fixed  part  of  the  vehicle.  That 
commenter  stated  that  in  practice  the  intrusion  seen 
in  the  test  is  not  sufficient  for  this  to  occur. 

IIHS  noted  that  the  agency  had  proposed  to  retain 
the  existing  crush  resistance  requirements  of  Stan- 
dard No.  214,  but  urged  NHTSA  to  supplement  those 
requirements  with  an  intrusion  limit  in  the  new 
barrier-into-car  test.  That  commenter  stated  that 
the  purpose  of  the  intrusion  limit  should  be  to  reduce 
the  possibility  of  localized  intrusion,  which  might 
cause  penetrating  injuries  that  would  not  be  meas- 
ured by  the  proposed  TTI(d)  performance  criterion. 
The  Center  for  Auto  Safety  and  Public  Citizen 
recommended  that  NHTSA  specify  a  maximum  in- 
trusion distance  such  as  the  18  inches  in  the  present 
static  standard  which  would  protect  against  injuries 
not  measured  by  the  proposed  TTI(d)  or  pelvic  g's 
performance  criteria. 

After  considering  the  comments,  NHTSA  has  de- 
cided not  to  adopt  a  limitation  on  intrusion.  The 
agency  notes  that  an  18-inch  limitation  on  intrusion 
would  not  appear  to  add  any  protection  because 
intrusion  is  generally  less  than  18  inches  in  side 
impact  tests  using  the  proposed  procedure.  Localized 
intrusion  does  not  occur  in  the  test  because  the 
uniform  MDB  face  loads  the  door  laterally,  as  the 
MDB  slides  toward  the  rear,  and  there  are  no  pro- 
truding structures  on  the  barrier  face  to  cause  such 
intrusion.  Moreover,  intrusion  in  the  dynamic  side 
impact  test  has  not  been  correlated  to  injury,  and  an 
intrusion  limitation  might  not  serve  any  purpose. 

XVII.  Stretch  Limousines 

Superior  Coaches,  an  alteration  manufacturer  of 
limousines,  expressed  concern  that  the  proposed 
requirements  would  result  in  economic  hardship  for 
it.  That  company  indicated  that  it  manufactures 
limousines  by  altering  various  makes  of  complete, 
certified  passenger  cars.  All  of  the  passenger  cars 


are  purchased  as  four-door  sedans.  The  original 
vehicle  is  cut  transversely  behind  the  center  pillar, 
and  the  underbody  and  roof  construction  are  ex- 
tended. Additional  right  and  left  center  pillars  and 
right  and  left  side  doors  are  added.  Superior  Coaches 
indicated  that  it  altered  several  different  models  of 
cars  and  expressed  concern  that  it  would  have  to 
crash  test  each  model. 

NHTSA  has  considered  whether  it  should  apply  the 
new  dynamic  crash  requirements  to  stretch  limou- 
sines. These  vehicles  differ  from  other  passenger  cars 
in  two  ways:  (1)  they  are  considerably  longer,  and  (2) 
they  have  a  variety  of  rear  seating  configurations. 

The  agency  has  concluded  that  the  new  require- 
ments are  appropriate  for  the  front  seats  of  stretch 
limousines.  The  front  seats  of  these  vehicles  are  no 
different  than  the  front  seats  of  other  passenger  cars. 
Moreover,  the  test  procedure  evaluates  the  side  im- 
pact protection  of  the  front  seats  in  the  same  manner 
as  for  any  other  passenger  car. 

NHTSA  has  concluded  that  the  test  procedure  is 
not  appropriate  for  the  rear  seats  of  stretch  limou- 
sines. After  the  stretching,  the  primary  rear  seats 
are  typically  so  far  back  from  the  MDB  impact  point 
that  the  side  impact  protection  provided  for  those 
seating  positions  cannot  appropriately  be  evaluated 
by  the  test  procedure.  The  variety  of  seating  config- 
urations provided  in  the  rear  of  stretch  limousines 
also  make  the  test  procedure  inappropriate.  NHTSA 
has  therefore  decided  not  to  apply  the  rear  seating 
requirements  to  passenger  cars  with  a  wheelbase 
greater  than  130  inches.  The  agency  notes  that  the 
wheelbases  of  the  longest  current  production  (i.e., 
unaltered)  passenger  cars  are  several  inches  shorter 
than  130  inches. 

The  agency  estimates  that  there  are  about  40  alter- 
ers  that  modify  production  vehicles  into  stretch  limou- 
sines. These  alterers  are  generally  small  businesses. 

Alterers  are  required  to  certify  that  the  altered 
vehicle  continues  to  comply  with  all  applicable  Fed- 
eral motor  vehicle  safety  standards.  This  should  not 
create  a  significant  burden  on  limousine  manufac- 
turers. First,  the  production  cars  used  for  limousines 
will  be  certified  to  comply  with  the  new  require- 
ments before  the  alteration.  Alterers  will  generally 
not  remove  padding  from  the  front  doors  that  might 
be  provided  in  light  of  the  requirements.  Since 
stretch  limousines  generally  have  wheelbases  longer 
than  130  inches,  the  rear  seat  requirements  would  not 
apply.  Thus,  alterers  would  not  need  to  add  any 
countermeasures  to  limousines  to  ensure  that  the 
vehicles  would  pass  the  new  requirements.  However, 
they  would  have  to  make  certain,  through  conduct- 
ing or  sponsoring  engineering  analysis  and/or  test- 
ing as  needed,  that  their  alterations  do  not  weaken 


PART  571;  S214-PRE  50 


the  front  seat  side  impact  protection  provided  '  y  the 
original  manufacturer 

Limousine  manufacturers  should  already  have 
considerable  experience  in  certifying  that  their  al- 
tered vehicles  continue  to  comply  with  standards 
that  specify  crash  test  requirements,  since  several 
existing  standards  that  include  crash  test  require- 
ments for  passenger  cars  do  not  exclude  limousines. 
These  standards  include  Standard  No.  203,  Head 
Impact  Protection  for  the  Driver  from  the  Steering 
Control  System;  Standard  No.  204,  Steering  Control 
Rearward  Displacement;  Standard  No.  208,  Occu- 
pant Crash  Protection;  Standard  No.  202,  Wind- 
shield Mounting;  Standard  No.  219,  Windshield 
Zone  Intrusion;  and  Standard  No.  301,  Fuel  System 
Integrity.  NHTSA  does  not  believe  that  it  should  be 
more  burdensome  for  alterers  to  certify  that  their 
altered  vehicles  continue  to  meet  the  new  side  im- 
pact requirements  than  it  is  for  them  to  certify  that 
the  vehicles  continue  to  meet  other  standards  which 
specify  crash  tests.  This  is  particularly  true  with 
respect  to  Standard  No.  301,  which  requires  that 
vehicles  pass  a  lateral  moving  barrier  crash  test. 

XVIII.  Regulatory  Impacts 

A  Executive  Order  12291 

NHTSA  has  examined  the  impact  of  this  rulemak- 
ing action  and  determined  that  it  is  major  within  the 
meaning  of  Executive  Order  12291,  and  significant 
within  the  meaning  of  the  Department  of  Transpor- 
tation's regulatory  policies  and  procedures.  The 
agency  has  prepared  a  Final  Regulatory  Impact 
Analysis  describing  the  economic  and  other  effects  of 
this  rulemaking  action.  The  analysis  is  being  placed 
in  the  docket. 

B.  Regulatory  Flexibility  Act 

NHTSA  has  also  considered  the  impacts  of  this 
rulemaking  action  under  the  Regulatory  Flexibility 
Act.  I  hereby  certify  that  it  would  not  have  a  signif- 
icant economic  impact  on  a  substantial  number  of 
small  entities.  Accordingly,  the  agency  has  not  pre- 
pared a  regulatory  flexibility  analysis. 

The  primary  cost  effect  of  this  rule  is  on  passenger 
car  manufacturers.  Few,  if  any,  passenger  car  man- 
ufacturers would  qualify  as  small  entities. 

NHTSA  estimates  that  there  are  about  40  alterers 
that  modify  production  passenger  cars  into  stretch 
limousines.  These  alterers  are  generally  small  busi- 
nesses. Alterers  are  required  to  certify  that  the 
altered  vehicle  continues  to  comply  with  all  applica- 
ble Federal  motor  vehicle  safety  standards.  As  dis- 
cussed above,  this  rule  should  not  create  a  signifi- 
cant burden  on  limousine  manufacturers.  Alterers 
would  not  need  to  add  any  countermeasures  to 
limousines  to  ensure  that  the  vehicles  would  pass 


the  new  requirements.  However,  they  would  have  to 
make  certain,  by  conducting  or  sponsoring  engineer- 
ing analysis  and/or  testing  as  needed,  that  their 
alterations  do  not  weaken  the  front  seat  side  impact 
protection  provided  by  the  original  manufacturer. 
The  agency  does  not  believe  that  it  should  be  more 
burdensome  for  alterers  to  certify  that  their  altered 
vehicles  meet  the  new  side  impact  requirements 
than  it  is  for  them  to  certify  that  the  vehicles  meet 
other  applicable  standards  which  specify  crash  tests. 
Other  manufacturers  which  would  qualify  as 
small  entities,  small  organizations  and  governmen- 
tal units  would  be  affected  by  this  rule  to  the  extent 
that  they  purchase  passenger  cars.  They  will  not  be 
significantly  affected,  since  the  potential  increases 
associated  with  this  action  should  only  slightly 
affect  the  purchase  price  of  new  motor  vehicles. 

PART  571-[AMENDED] 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  The  authority  citation  for  Part  571  continues  to 
read  as  follows: 

Authority:  15  U.S.C.  1392,  1401,  1403,  1407;  dele- 
gation of  authority  at  49  CFR  1.50. 

2.  Section  571.214  is  amended  by  revising  SI,  S2, 
and  S3  and  adding  S5  through  S8.5.2  to  read  as 
follows: 

§  571.214  [Amended] 

51  Scope  and  Purpose 

(a)  Scope.  This  standard  specifies  performance 
requirements  for  protection  of  occupants  in  side 
impact  crashes. 

(la)  Purpose.  The  purpose  of  this  standard  is  to 
reduce  the  risk  of  serious  and  fatal  injury  to  occu- 
pants of  passenger  cars  in  side  impact  crashes  by 
specifying  vehicle  crashworthiness  requirements  in 
terms  of  accelerations  measured  on  anthropomor- 
phic dummies  in  test  crashes,  by  specifying  strength 
requirements  for  side  doors,  and  by  other  means. 

52  Applicatioru  This  standard  applies  to  passen- 
ger cars. 

53  Requirements. 

(a)  Each  vehicle  shall  be  able  to  meet  the  require- 
ments of  either,  at  the  manufacturer's  option,  S3.1  or 
S3. 2  when  any  of  its  side  doors  that  can  be  used  for 
occupant  egress  are  tested  according  to  S4. 

(b)  When  tested  under  the  conditions  of  S6,  each 
passenger  car  manufactured  on  or  after  September 
1,  1996  shall  meet  the  requirements  of  S5.1,  S5.2, 
and  S5.3  in  a  33.5  miles  per  hour  impact  in  which 
the  car  is  struck  on  either  side  by  a  moving  deform- 
able  barrier  Part  572,  Subpart  F  test  dummies  are 
placed  in  the  front  and  rear  outboard  seating  posi- 
tions on  the  struck  side  of  the  car  However,  the  rear 
seat  requirements  do  not  apply  to  passenger  cars 


PART  571;  S214-PRE  51 


with  a  wheelbase  greater  than  130  inches,  or  to 
passenger  cars  which  have  rear  seating  areas  that 
are  so  small  that  the  Part  572,  Subpart  F  dummies 
cannot  be  accommodated  according  to  the  position- 
ing procedure  specified  in  S7. 

(c)  Except  as  provided  in  paragraph  (d)  of  this 
section,  from  September  1,  1993  to  August  31,  1996, 
a  specified  percentage  of  each  manufacturer's  yearly 
passenger  car  production,  as  set  forth  in  S8,  shall, 
when  tested  under  the  conditions  of  S6,  meet  the 
requirements  of  S5.1,  S5.2,  and  S5.3  in  a  33.5  miles 
per  hour  impact  in  which  the  car  is  struck  on  either 
side  by  a  moving  deformable  barrier  Part  572, 
Subpart  F  test  dummies  are  placed  in  the  front  and 
rear  outboard  seating  positions  on  the  struck  side  of 
the  car  However,  the  rear  seat  requirements  do  not 
apply  to  passenger  cars  with  a  wheelbase  greater  than 
130  inches,  or  to  passenger  cars  which  have  rear 
seating  areas  that  are  so  small  that  the  Part  572, 
Subpart  F  dummies  cannot  be  accommodated  accord- 
ing to  the  positioning  procedure  specified  in  S7. 

(d)  A  manufacturer  may,  at  its  option,  comply  with 
the  requirements  of  this  paragraph  instead  of  para- 
graph (c)  of  this  section.  When  tested  under  the  condi- 
tions of  S6,  each  passenger  car  manufactured  from 
September  1,  1994  to  August  31,  1996  shall  meet  the 
requirements  of  S5.1,  S5.2,  and  S5.3  in  a  33.5  miles  per 
hour  impact  in  which  the  car  is  struck  on  either  side  by 
a  moving  deformable  barrier.  Part  572,  Subpart  F  test 
dummies  are  placed  in  the  front  and  rear  outboard 
seating  positions  on  the  struck  side  of  the  car.  However, 
the  rear  seat  requirements  do  not  apply  to  passenger 
cars  with  a  wheelbase  greater  than  130  inches,  or  to 
passenger  cars  which  have  rear  seating  areas  that  are 
so  small  that  the  P&rt  572,  Subpart  F  dummies  cannot 
be  accommodated  according  to  the  positioning  proce- 
dure specified  in  S7. 

***** 

S5  Dynamic  performance  requirements. 

55.1  Thorax.  The  Thoracic  Trauma  Index  (TTI(d)) 
shall  not  exceed  85  g  for  passenger  cars  with  four 
side  doors,  and  shall  not  exceed  90  g  for  passenger 
cars  with  two  side  doors,  when  calculated  in  accor- 
dance with  the  following  formula: 

TTI(d)  =  1/2  (Gr  +  Gls) 
The  term  "Or"  is  the  greater  of  the  peak  accelera- 
tions of  either  the  upper  or  lower  rib,  expressed  in  g's 
and  the  term  "Gls"  is  the  lower  spine  (T12)  peak 
acceleration,  expressed  in  g's.  The  peak  acceleration 
values  are  obtained  in  accordance  with  the  proce- 
dure specified  in  S6.13.5. 

55.2  Pelvis.  The  peak  lateral  acceleration  of  the 
pelvis,  as  measured  in  accordance  with  S6.13.5, 
shall  not  exceed  130  g's. 

55.3  Door  opening. 

S5.3.1   Any   side   door,  which   is  struck  by   the 


moving  deformable  barrier,  shall  not  separate  to- 
tally from  the  car. 

S5.3.2  Any  door  (including  a  rear  hatchback  or 
tailgate),  which  is  not  struck  by  the  moving  deform- 
able barrier,  shall  meet  the  following  requirements: 

55.3.2.1  The  door  shall  not  disengage  from  the 
latched  position; 

55.3.2.2  The  latch  shall  not  separate  from  the 
striker,  and  the  hinge  components  shall  not  separate 
from  each  other  or  from  their  attachment  to  the 
vehicle. 

55.3.2.3  Neither  the  latch  nor  the  hinge  systems  of 
the  door  shall  pull  out  of  their  anchorages. 

S6  Test  conditions. 

56.1  Test  weight  Each  passenger  car  is  loaded  to 
its  unloaded  vehicle  weight,  plus  its  rated  cargo  and 
luggage  capacity,  secured  in  the  luggage  area,  plus 
the  weight  of  the  necessary  anthropomorphic  test 
dummies.  Any  added  test  equipment  is  located  away 
from  impact  areas  in  secure  places  in  the  vehicle. 
The  car's  fuel  system  is  filled  in  accordance  with  the 
following  procedure.  With  the  test  vehicle  on  a  level 
surface,  pump  the  fuel  from  the  vehicle's  fuel  tank 
and  then  operate  the  engine  until  it  stops.  Then,  add 
Stoddard  solvent  to  the  test  vehicle's  fuel  tank  in  an 
amount  which  is  equal  to  not  less  than  92  percent 
and  not  more  than  94  percent  of  the  fuel  tank's 
usable  capacity  stated  by  the  vehicle's  manufacturer. 
In  addition,  add  the  amount  of  Stoddard  solvent 
needed  to  fill  the  entire  fuel  system  from  the  fuel 
tank  through  the  engine's  induction  system. 

56.2  Vehicle  test  attitude.  Determine  the  distance 
between  a  level  surface  and  a  standard  reference 
point  on  the  test  vehicle's  body,  directly  above  each 
wheel  opening,  when  the  vehicle  is  in  its  "as  deliv- 
ered" condition.  The  "as  delivered"  condition  is  the 
vehicle  as  received  at  the  test  site,  filled  to  100 
percent  of  all  fluid  capacities  and  with  all  tires 
inflated  to  the  manufacturer's  specifications  listed 
on  the  vehicle's  tire  placard.  Determine  the  distance 
between  the  same  level  surface  and  the  same  stan- 
dard reference  points  in  the  vehicle's  "fully  loaded 
condition."  The  "fully  loaded  condition"  is  the  test 
vehicle  loaded  in  accordance  with  S6.1.  The  load 
placed  in  the  cargo  area  is  centered  over  the  longi- 
tudinal centerline  of  the  vehicle.  The  pretest  vehicle 
attitude  is  equal  to  either  the  as  delivered  or  fully 
loaded  attitude  or  between  the  as  delivered  attitude 
and  the  fully  loaded  attitude. 

56.3  Adjustable  seats.  Adjustable  seats  are  placed 
in  the  adjustment  position  midway  between  the 
forwardmost  and  rearmost  positions,  and  if  sepa- 
rately adjustable  in  a  vertical  direction,  are  at  the 
lowest  position.  If  an  adjustment  position  does  not 
exist  midway  between  the  forwardmost  and  rear- 
most positions,  the  closest  adjustment  position  to  the 
rear  of  the  midpoint  is  used. 


PART  571;  S214-PRE  52 


56.4  Adjustable  seat  back  placement  Place  adjast- 
able  seat  backs  in  the  manufacturer's  nominal  de- 
sign riding  position  in  the  manner  specified  by  the 
manufacturer.  If  the  position  is  not  specified,  set  the 
seat  back  at  the  first  detent  rearward  of  25°  from  the 
vertical.  Place  each  adjustable  head  restraint  in  its 
highest  adjustment  position.  Position  adjustable 
lumbar  supports  so  that  they  are  set  in  their  re- 
leased, i.e.,  full  back  position. 

56.5  Adjustable  steering  wheels.  Adjustable  steer- 
ing controls  are  adjusted  so  that  the  steering  wheel 
hub  is  at  the  geometric  center  of  the  locus  it  de- 
scribes when  it  is  moved  through  its  full  range  of 
driving  positions. 

56.6  Windows.  Movable  vehicle  windows  and 
vents  are  placed  in  the  fully  closed  position  on  the 
struck  side  of  the  vehicle. 

56.7  Convertible  tops.  Convertibles  and  open-body 
type  vehicles  have  the  top,  if  any,  in  place  in  the 
closed  passenger  compartment  configuration. 

56.8  Doors.  Doors,  including  any  rear  hatchback 
or  tailgate,  are  fully  closed  and  latched  but  not 
locked. 

56.9  Transmission  and  brake  engagement  For  a 
vehicle  equipped  with  a  manual  transmission,  the 
transmission  is  placed  in  second  gear.  For  a  vehicle 
equipped  with  an  automatic  transmission,  the  trans- 
mission is  placed  in  neutral.  For  all  vehicles,  the 
parking  brake  is  engaged. 

56.10  Moving  deformable  barrier  The  moving  de- 
formable  barrier  conforms  to  the  dimensions  shown 
in  Figure  1  and  specified  in  Part  587. 

56.11  Impact  reference  line.  For  vehicles  with  a 
wheelbase  of  114  inches  or  less,  on  the  side  of  the 
vehicle  that  will  be  struck  by  the  moving  deformable 
barrier,  place  a  vertical  reference  line  which  is  37 
inches  forward  of  the  center  of  the  vehicle's  wheel- 
base.  For  vehicles  with  a  wheelbase  greater  than  114 
inches,  on  the  side  of  the  vehicle  that  will  be  struck 
by  the  moving  deformable  barrier,  place  a  vertical 
reference  line  which  is  20  inches  rearward  of  the 
centerline  of  the  vehicle's  front  axle. 

56.12  Impact  configuration.  The  test  vehicle  (ve- 
hicle A  in  Figure  2)  is  stationary.  The  line  of  forward 
motion  of  the  moving  deformable  barrier  (vehicle  B 
in  Figure  2)  forms  an  angle  of  63  degrees  with  the 
centerline  of  the  test  vehicle.  The  longitudinal  cen- 
terline of  the  moving  deformable  barrier  is  perpen- 
dicular to  the  longitudinal  centerline  of  the  test  vehi- 
cle when  the  barrier  strikes  the  test  vehicle.  In  a  test 
in  which  the  test  vehicle  is  to  be  struck  on  its  left 
(right)  side:  all  wheels  of  the  moving  deformable  bar- 
rier are  positioned  at  an  angle  of  27  +  1  degrees  to  the 
right  Geft)  of  the  centerline  of  the  moving  deformable 
barrier;  and  the  left  (right)  forward  edge  of  the  moving 
deformable  barrier  is  aligned  so  that  a  longitudinal 
plane  tangent  to  that  side  passes  through  the  impact 


reference  line  within  a  tolerance  of  +  2  inches  when 
the  barrier  strikes  the  test  vehicle. 

S6.13  Anthropomorphic  test  dummies. 

56.13.1  The  anthropomorphic  test  dummies  used 
for  evaluation  of  a  vehicle's  side  impact  protection 
conform  to  the  requirements  of  Subpart  F  of  Part  572 
of  this  Chapter.  In  a  test  in  which  the  test  vehicle  is 
to  be  struck  on  its  left  side,  each  dummy  is  to  be 
configured  and  instrumented  to  be  struck  on  its  left 
side,  in  accordance  with  Subpart  F  of  Part  572.  In  a 
test  in  which  the  test  vehicle  is  to  be  struck  on  its 
right  side,  each  dummy  is  to  be  configured  and 
instrumented  to  be  struck  on  its  right  side,  in 
accordance  with  Subpart  F  of  Part  572. 

56.13.2  Each  Part  572,  Subpart  F  test  dummy 
specified  is  clothed  in  formfitting  cotton  stretch 
garments  with  short  sleeves  and  midcalf  length 
pants.  Each  foot  of  the  test  dummy  is  equipped  with 
a  size  llEE  shoe  which  meets  the  configuration  size, 
sole,  and  heel  thickness  specifications  of  MIL-S- 
13192  (1976)  and  weighs  1.2  ±  0.2  pounds. 

56.13.3  Limb  joints  are  set  at  between  1  and  2  g's. 
Leg  joints  are  adjusted  with  the  torso  in  the  supine 
position. 

56.13.4  The  stabilized  temperature  of  the  test 
dummy  at  the  time  of  the  side  impact  test  shall  be  at 
any  temperature  between  66  degrees  F.  and  78 
degrees  F. 

56.13.5  The  acceleration  data  from  the  accelero- 
meters  mounted  on  the  ribs,  spine  and  pelvis  of  the 
test  dummy  are  processed  with  the  FIRIOO  software 
specified  in  49  CFR  Part  572.  The  data  are  processed 
in  the  following  manner: 

56. 13.5.1  Filter  the  data  with  a  300  Hz,  SAE  Class 
180  filter; 

56.13.5.2  Subsample  the  data  to  a  1600  Hz  sam- 
pling rate; 

56.13.5.3  Remove  the  bias  from  the  subsampled 
data,  and 

56. 13.5.4  Filter  the  data  with  the  FIRIOO  software 
specified  in  49  CFR  Part  572,  which  has  the  follow- 
ing characteristics— 

56.13.5.4.1  Passband  frequency  100  Hz. 

56. 13.5.4.2  Stopband  frequency  189  Hz. 

56.13.5.4.3  Stopband  gain  -50  db. 

56. 13.5.4.4  Passband  ripple  0.0225  db. 

S7.  Positioning  procedure  for  the  Part  572  Subpart 
F  Test  Dummy.  Position  a  correctly  configured  test 
dummy,  conforming  to  Subpart  F  of  Part  572  of  this 
Chapter,  in  the  front  outboard  seating  position  on 
the  side  of  the  test  vehicle  to  be  struck  by  the  moving 
deformable  barrier  and  position  another  conforming 
test  dummy  in  the  rear  outboard  position  on  the 
same  side  of  the  vehicle,  as  specified  in  S7.1  through 
S7.4.  Each  test  dummy  is  restrained  using  all  avail- 
able belt  systems  in  all  seating  positions  where  such 


PART  571;  S214-PRE  53 


0.032  ALUM  BACK  PLATE 
26  ksi  5052H14 


NHTSA  VEHICLE  CONRGURATION  -  MOVING  BARRIER  SIDE  IMPACTOR  CONCEPT 
(4-WHEELED  VEHICLE  SIMULATOR) 


ONE  PIECE  ALUM.  HONEYCOMB  BLOCK 

45  p«  CRUSH  (.  or  -  2.5  ps<)    ^^^  ^^j„   ^^^E 

DO  NOT  BOND         26  ksi  5052-H34 

THIS  SURFACE 

ONLY 


NHTSA  BARRIER  FACE 


ALUM.  HONEYCOMB  BUMPER 
245  pa  CRUSH  STRENGTH 

(+/-  15  psi)|  \ 


HONEYCOMB 


y/////////A^V//ZW?77. 


ii 


L*. 


GftOUND 
(FRONT  VIEW) 


1/8  ALUM.  FACES 
50  ksj  2024-T3 


ALL  DIMENSIONS  IN  INCHES 


SEC.  A-A 


NHTSA  Side  Impactor— Moving  Deformable  Barrier 
FIGURE  2 


PART  571;  S214-PRE  54 


Impact  Point 


Direction  of  ///, 
Travel  @  ////^ 
33.5  mph 


Vehicle  A 


Vehicle  B 


Test  Configuration 
FIGURE  3 


PART  571;  S214-PRE  55 


belt  restraints  are  provided.  In  addition,  any  folding 
armrest  is  retracted. 

57.1  Torsa 

57.1.1  For  a  test  dummy  in  the  driver  position. 

(a)  For  a  bench  seat  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and  passes 
through  the  center  of  the  steering  wheel. 

(b)  For  a  bucket  seat  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and  coincides 
with  the  longitudinal  centerline  of  the  bucket  seat. 

57.1.2  For  a  test  dummy  in  the  front  outboard 
passenger  position. 

(a)  For  a  bench  seat  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and  the  same 
distance  from  the  vehicle's  longitudinal  centerline  as 
would  be  the  midsagittal  plane  of  a  test  dummy 
positioned  in  the  driver  position  under  S7.1.1. 

(b)  For  a  bucket  seat  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and  coincides 
with  the  longitudinal  centerline  of  the  bucket  seat. 

57.1.3  For  a  test  dummy  in  either  of  the  rear 
outboard  passenger  positions. 

(a)  For  a  bench  seat  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and,  if  possible, 
the  same  distance  from  the  vehicle's  longitudinal 
centerline  as  the  midsagittal  plane  of  a  test  dummy 
positioned  in  the  driver  position  under  S6.1.1.  If  it  is 
not  possible  to  position  the  test  dummy  so  that  its 
midsagittal  plane  is  parallel  to  the  vehicle  longitu- 
dinal centerline  and  is  at  this  distance  from  the 
vehicle's  longitudinal  centerline,  the  test  dummy  is 
positioned  so  that  some  portion  of  the  test  dummy 
just  touches,  at  or  above  the  seat  level,  the  side 
surface  of  the  vehicle,  such  as  the  upper  quarter 
panel,  an  armrest,  or  any  interior  trim  (i.e.,  either 
the  broad  trim  panel  surface  or  a  smaller,  localized 
trim  feature). 

(b)  For  a  bucket  or  contoured  seat  The  upper  torso 
of  the  test  dummy  rests  against  the  seat  back.  The 
midsagittal  plane  of  the  test  dummy  is  vertical  and 
parallel  to  the  vehicle's  longitudinal  centerline,  and 
coincides  with  the  longitudinal  centerline  of  the 
bucket  or  contoured  seat. 

57.2  Pelvis. 

S7.2.1  H-point  The  H-points  of  each  test  dummy 
coincide  within  1/2  inch  in  the  vertical  dimension 
and  1/2  inch  in  the  horizontal  dimension  of  a  point 


1/4  inch  below  the  position  of  the  H-point  deter- 
mined by  using  the  equipment  for  the  50th  percen- 
tile and  procedures  specified  in  SAE  J826  (Apr  80), 
except  that  Tkble  1  of  SAE  J826  is  not  applicable. 
The  length  of  the  lower  leg  and  thigh  segments  of 
the  H-point  machine  are  adjusted  to  16.3  and  15.8 
inches,  respectively. 

S7.2.2  Pelvic  angle.  As  determined  using  the  pelvic 
angle  gauge  (GM  drawing  78051-532  incorporated 
by  reference  in  Part  572,  Subpart  E  of  this  Chapter) 
which  is  inserted  into  the  H-point  gauging  hole  of 
the  dummy,  the  angle  of  the  plane  of  the  surface  on 
the  lumbar-pelvic  adaptor  on  which  the  lumbar 
spine  attaches  is  23  to  25  degrees  from  the  horizon- 
tal, sloping  upward  toward  the  front  of  the  vehicle. 

57.3  Legs. 

7.3.1  For  a  test  dummy  in  the  driver  position.  The 
upper  legs  of  each  test  dummy  rest  against  the  seat 
cushion  to  the  extent  permitted  by  placement  of  the 
feet.  The  left  knee  of  the  dummy  is  positioned  such 
that  the  distance  from  the  outer  surface  of  the  knee 
pivot  bolt  to  the  dummy's  midsagittal  plane  is  six 
inches.  To  the  extent  practicable,  the  left  leg  of  the 
test  dummy  is  in  a  vertical  longitudinal  plane. 

7.3.2  For  a  test  dummy  in  the  outboard  passenger 
positions.  The  upper  legs  of  each  test  dummy  rest 
against  the  seat  cushion  to  the  extent  permitted  by 
placement  of  the  feet.  The  initial  distance  between 
the  outboard  knee  clevis  flange  surfaces  is  11.5 
inches.  To  the  extent  practicable,  both  legs  of  the  test 
dummies  in  outboard  passenger  positions  are  in 
vertical  longitudinal  planes.  Final  adjustment  to 
accommodate  placement  of  feet  in  accordance  with 
S7.4  for  various  passenger  compartment  configura- 
tions is  permitted. 

57.4  Feet 

57.4.1  For  a  test  dummy  in  the  driver  position.  The 
right  foot  of  the  test  dummy  rests  on  the  unde- 
pressed accelerator  with  the  heel  resting  as  far 
forward  as  possible  on  the  floorpan.  The  left  foot  is 
set  perpendicular  to  the  lower  leg  with  the  heel 
resting  on  the  floorpan  in  the  same  lateral  line  as 
the  right  heel. 

57.4.2  For  a  test  dummy  in  the  front  outboard 
passenger  position.  The  feet  of  the  test  dummy  are 
placed  on  the  vehicle's  toeboard  with  the  heels 
resting  on  the  floorpan  as  close  as  possible  to  the 
intersection  of  the  toeboard  and  floorpan.  If  the  feet 
cannot  be  placed  flat  on  the  toeboard,  they  are  set 
perpendicular  to  the  lower  legs  and  placed  as  far 
forward  as  possible  so  that  the  heels  rest  on  the 
floorpan. 

57.4.3  For  a  test  dummy  in  either  of  the  rear 
outboard  passenger  positions.  The  feet  of  the  test 
dummy  are  placed  flat  on  the  floorpan  and  beneath 
the  front  seat  as  far  as  possible  without  front  seat 
interference.  If  necessary,  the  distance  between  the 


PART  571;  S214-PRE  56 


knees  can  be  changed  in  order  to  place  th^  feet 
beneath  the  seat. 

S8  Phase-in  of  dynamic  test  and  performance 
requirements. 

58.1  Passenger  cars  manufactured  on  or  after  Sep- 
tember 1,  1993  and  before  September  1,  1994. 

S8.1.1  The  number  of  passenger  cars  complying 
with  the  requirements  of  S3(c)  shall  be  not  less  than 
10  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1990, 
and  before  September  1,  1993,  by  each  manufac- 
turer, or 

(b)  The  manufacturer's  annual  production  of  pas- 
senger cars  during  the  period  specified  in  S8.1. 

58.2  Passenger  cars  manufactured  on  or  after  Sep- 
tember 1,  1994  and  before  September  1,  1995. 

S8.2.1  The  number  of  passenger  cars  complying 
with  the  requirements  of  S3(c)  shall  be  not  less  than 
25  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1991, 
and  before  September  1,  1994,  by  each  manufac- 
turer, or 

(b)  The  manufacturer's  annual  production  of  pas- 
senger cars  during  the  period  specified  in  S8.2. 

58.3  Passenger  cars  manufactured  on  or  after  Sep- 
tember 1,  1995  and  before  September  1,  1996. 

88.3.1  The  number  of  passenger  cars  complying 
with  the  requirements  of  S3(c)  shall  be  not  less  than 
40  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1992, 
and  before  September  1,  1995,  by  each  manufac- 
tvirer,  or 


(b)  The  manufacturer's  annual  production  of  pas- 
senger cars  during  the  period  specified  in  S8.3. 

S8.4  Passenger  cars  produced  by  more  than  one 
manufacturer 

58.4.1  For  the  purposes  of  calculating  average 
annual  production  of  passenger  cars  for  each  manu- 
facturer and  the  number  of  passenger  cars  manufac- 
tured by  each  manufacturer  under  S8.1,  S8.2,  and 
S8.3,  a  passenger  car  produced  by  more  than  one 
manufacturer  shall  be  attributed  to  a  single  manu- 
facturer as  follows,  subject  to  S8.4.2: 

(a)  A  passenger  car  which  is  imported  shall  be 
attributed  to  the  importer. 

(b)  A  passenger  car  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of  which 
also  markets  the  vehicle,  shall  be  attributed  to  the 
manufacturer  which  markets  the  vehicle. 

58.4.2  A  passenger  car  produced  by  more  than  one 
manufacturer  shall  be  attributed  to  any  one  of  the 
vehicle's  manufacturers  specified  by  an  express  writ- 
ten contract,  reported  to  the  National  Highway 
Traffic  Safety  Administration  under  49  CFR  Part 
586,  between  the  manufacturer  so  specified  and  the 
manufacturer  to  which  the  vehicle  would  otherwise 
be  attributed  under  S8.4.1. 

Issued  on:  October  24,  1990 


Jerry  Ralph  Curry 
Administrator 

55  F.R.  45722 
October  30,  1990 


PART  571;  S214-PRE  57-58 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  214 
Side  Impact  Protection— Light  Trucks,  Buses,  and  Multipurpose  Passenger  Vehicles 


(Docket  No.  88-06;  Notice  11) 
RIN:  2127-AD43 


ACTION:    Final  rule. 


SUMMARY:  This  notice  extends  the  quasi-static  test 
requirements  of  Federal  Motor  Vehicle  Safety  Stand- 
ard No.  214  to  trucks,  buses  and  multipurpose  pas- 
senger vehicles  with  a  GVWR  of  10,000  pounds  or  less. 
These  performance  requirements,  which  currently  ap- 
ply only  to  passenger  cars,  mitigate  occupant  injuries 
in  side  impacts.  Under  this  part  of  the  standard,  each 
side  door  is  required  to  resist  crush  forces  that  are  ap- 
plied by  a  piston  pressing  a  steel  cylinder  against  the 
door's  outside  surface  in  a  laboratory  test.  This  rule 
is  part  of  the  NHTSA  program  to  improve  side  impact 
protection  for  vehicle  occupants. 

EFFECTIVE  DATE:  The  amendments  made  by  this 
final  rule  to  the  Code  of  Federal  Regulations  are 
effective  September  1,  1993. 

SUPPLEMENTARY  INFORMATION: 

Background 

NHTSA's  standard  for  side  impact  protection  is  Fed- 
eral Motor  Vehicle  Safety  Standard  No.  214.  Since  the 
standard  became  effective  on  January  1,  1973,  it  has 
specified  performance  requirements  for  each  passenger 
car  side  door.  The  standard,  through  its  provisions  con- 
cerning side  door  strength,  seeks  to  mitigate  occupant 
injuries  in  side  impacts  by  reducing  the  extent  to  which 
the  side  structure  of  a  car  is  pushed  into  the  passenger 
compartment  during  a  side  impact.  The  side  door 
strength  provisions  of  the  standard  require  each  door 
to  resist  crush  forces  that  are  applied  by  a  piston  press- 
ing a  steel  cylinder  against  the  door's  outside  surface 
in  a  laboratory  test.  The  load  is  applied  by  means  of 
a  piston  pressing  a  vertical  steel  cylinder  against  the 
middle  of  the  door.  The  bottom  of  the  cylinder  is  five 
inches  above  the  lowest  point  of  the  door;  the  top  of 
the  cylinder  extends  above  the  bottom  edge  of  the  win- 
dow opening  by  at  least  0.5  inches.  Car  manufactiu-ers 
have  generally  chosen  to  meet  these  performance  re- 
quirements of  the  standard  by  reinforcing  the  side 
doors  with  metal  beams 

NHTSA's  analysis  of  crash  data  has  shown  that  the 
strengthening  of  passenger  car  side  doors  with  the 


beams  is  effective,  but  primarily  in  single  car  side  im- 
pacts. The  agency's  November  1982  study.  "An  Evalu- 
ation of  Side  Structure  Improvements  in  Response  to 
Federal  Motor  Vehicle  Safety  Standard  No.  214," 
(DOT  HS  806-314)  estimated  that  480  lives  have  been 
saved  and  9,500  fewer  hospitalizations  have  occurred 
per  year  as  a  result  of  the  standard.  The  study  also 
found  that  while  single  vehicle  side  impact  occupant 
fatalities  were  reduced  by  14  percent,  the  standard  had 
little  effect  on  reducing  fatalities  in  multi-car  side  im- 
pact collisions. 

During  the  past  several  years.  NHTSA  has  been  in- 
volved in  a  number  of  efforts  to  upgrade  Standard  No. 
214,  both  in  developing  new  dynamic  procedures  and 
requirements  for  passenger  cars  and  in  extending  ap- 
plicability of  the  long-established  quasi-static  passenger 
car  requirements  to  trucks,  buses  and  multipurpose 
passenger  vehicles  (MPV's)  with  a  gross  vehicle  weight 
rating  (GVWR)  of  10,000  pounds  or  less  Oight  trucks, 
vans  and  MPV's,  or  "LTV's"). 

For  passenger  cars,  on  October  30,  1990.  NHTSA 
published  in  the  Federal  Register  (55  FR  45722)  a  final 
rule  adding  dynamic  test  procedures  and  performance 
requirements  to  Standard  No.  214.  The  final  rule  re- 
quires that  a  passenger  car  must  provide  protection  in 
a  full-scale  crash  test  in  which  the  car  (known  as  the 
"target"  car)  is  struck  in  the  side  by  a  moving  defor- 
mable  barrier  simulating  another  vehicle.  Instrumented 
test  dummies  are  positioned  in  the  target  car  to  meas- 
ure the  potential  for  injuries  to  an  occupant's  thorax 
and  pelvis.  Also,  on  August  19,  1988,  the  agency  pub- 
lished in  the  Federal  Register  53  FR  31712)  an  advance 
notice  of  proposed  rulemaking  (ANPRM)  concerning 
requirements  for  passenger  cars  intended  to  reduce  the 
risk  of  head  and  neck  injuries  and  ejections,  in  side  im- 
pact crashes  between  vehicles  and  in  other  crashes 
where  the  protection  provided  by  the  side  of  the  vehi- 
cle is  a  relevant  factor.  The  ANPRM  also  sought  com- 
ments on  whether  additional  requirements  should  be 
considered  to  address  side  impacts  with  poles  and  trees. 

NHTSA's  efforts  to  extend  side  impact  requirements 
to  LTV's  largely  parallel  its  efforts  with  respect  to  pas- 
senger cars.  On  August  19,  1988,  the  agency  published 
in  the  Federal  Register  (53  FR  31716)  an  ANPRM 


PART  571;  S214-PRE  59 


regarding  possible  requirements  for  LTV's  in  each  of 
the  areas  where  requirements  have  been  established, 
or  are  under  consideration,  for  passenger  cars.  The 
ANPRM  addressed:  (1)  extension  to  LTV's  of  Standard 
No.  214's  existing  static  procedures  and  performance 
requirements,  i.e.,  measuring  crush  strength  perfor- 
mance in  terms  of  the  ability  of  each  door  to  resist  a 
piston  pressing  a  rigid  steel  cylinder  inward  against  the 
door,  (2)  developing  dynamic  test  procedures  and  per- 
formance requirements  for  LTV's,  similar  to  those  pro- 
posed in  the  January  198B  NPRM  for  passenger  cars, 
and  (3)  developing  requirements  for  LTV's  intended 
to  reduce  the  risk  of  head  and  neck  injuries  and  ejec- 
tions, similar  to  those  addressed  in  the  August  1988 
ANPRM  for  passenger  cars. 

Of  the  various  potential  side  impact  requirements  for 
LTV's  that  were  addressed  in  the  ANPRM,  NHTSA 
is  the  most  advanced  with  respect  to  the  extension  of 
Standard  No.  214's  existing  side  door  strength  require- 
ments to  these  vehicles.  The  agency  decided  to  go  for- 
ward with  rulemaking  on  that  issue  separately,  since 
waiting  until  the  agency  is  ready  to  address  all  of  the 
potential  requirements  together  would  result  in  un- 
necessary delays  and  loss  of  safety  benefits.  Therefore, 
after  considering  comments  on  the  ANPRM,  NHTSA 
published  a  notice  of  proposed  rulemaking  (NPRM)  in 
the  Federal  Register  of  December  22,  1989  (54  FR 
52826)  to  extend  the  quasi-static  test  requirements  for 
side  door  strength  applicable  for  passenger  cars  to 
LTV's. 

Summary  of  the  Proposal 

NHTSA  proposed  extending  Standard  No.  214's 
quasi-static  test  requirements  to  trucks,  buses  and 
MPV's  with  a  GVWR  of  10,000  pounds  or  less,  effec- 
tive September  1,  1992.  NHTSA  requested  comment 
on  whether  a  more  limited  extension  would  be  ap- 
propriate, in  light  of  the  alleged  potential  impacts  on 
final-stage  manufacturers  of  multi-stage  vehicles.  In 
the  proposal,  NHTSA  stated  that  it  believed  that 
manufacturers  would  comply  with  the  requirements  by 
adding  metal  beams  to  the  side  doors  of  these  vehicles, 
similar  to  those  currently  added  to  passenger  cars. 

NHTSA  recognized  that  a  significant  difference  be- 
tween passenger  cars  and  many  LTV's  is  that  LTV's 
may  have  side  doors  that  are  not  likely  to  have  vehicle 
occupants  sitting  near  them.  Therefore,  the  agency  pro- 
posed to  exclude  certain  doors  from  the  standard.  The 
agency  proposed  to  exclude:  (1)  any  side  door  located 
so  that  no  portion  of  an  adjacent  outboard  designated 
seating  position,  with  the  seat  adjusted  to  any  position 
to  which  it  can  be  adjusted,  falls  within  the  transverse, 
horizontal  projection  of  the  door's  opening,  and  (2)  any 
side  door  located  adjacent  to  hardware  for  installation 
of  an  outboard  seating  position  so  that  no  portion  of 
a  seat  recommended  by  the  manufacturer  for  installa- 
tion with  that  hardware,  would  when  so  installed,  and 


adjusted  as  in  (1),  fall  within  the  three  dimensional  area 
described  in  (1).  (The  term  "outboard  designated  seat- 
ing position"  is  defined  in  49  CFR  Part  571.3.) 

NHTSA  requested  comments  on  a  few  issues  relat- 
ing to  the  proposed  criteria  for  the  exclusion  of  these 
doors.  One  issue  was  whether  there  should  be  an  ex- 
clusion from  the  standard  of  rear  side  van  doors  if  a 
small  portion  of  the  front  of  that  side  door  is  adjacent 
to  the  rear  of  the  front  seat.  Another  issue  was  whether 
rear  van  doors  adjacent  to  aisleways  should  be  exclud- 
ed from  coverage  even  though  the  seating  positions  on 
the  other  side  of  the  aisleways  might  not  be  "outboard 
designated  positions,"  because  those  aisle  seats  could 
be  less  than  12  inches  from  the  side  of  the  vehicle. 
NHTSA  also  requested  comments  on  whether  any 
other  doors,  such  as  detachable  doors,  should  be 
excluded  from  the  standard's  coverage. 

Brief  Summary  of  Comments 

NHTSA  received  comments  from  21  parties.  The 
majority  of  commenters  supported  extension  of  the 
side-door  strength  provisions  of  the  standard  to  LTV's. 
Among  those  favoring  the  proposed  extension  were  all 
insurance  groups,  consumer  groups,  and  medical 
groups  which  commented.  In  addition,  some  motor 
vehicle  manufacturers  and  associations  of  such 
manufacturers  supported  the  proposal.  Several 
manufacturers  provided  no  position  on  the  overall 
proposal,  while  commenting  on  specific  aspects  of  the 
proposal.  Others  stated  conditional  support  for  the 
proposal  with  comments  on  specific  aspects  of  it.  One 
manufacturer  did  not  support  the  proposal,  while 
another  suggested  that  action  be  delayed  until  action 
is  taken  on  the  potential  dynamic  side  impact  require- 
ments for  LTV's.  A  more  detailed  summary  of  com- 
ments and  the  NHTSA  response  to  those  comments 
is  presented  in  later  portions  of  this  notice. 

Summary  of  the  Final  Rule 

After  considering  the  comments  and  other  available 
information,  NHTSA  has  decided  to  extend  the  side 
door  strength  requirements  of  Standard  No.  214  to 
LTV's.  The  final  rule  extends  these  requirements  to 
LTV's  with  a  GHVR  of  10,000  pounds  or  less,  except 
for  walk-in  vans.  The  requirements  become  applicable 
to  the  covered  LTV's  on  September  1,  1993.  The  final 
rule  establishes  the  same  test  procedure  for  LTV's  as 
was  proposed  (i.e.,  the  side  door  strength  procedure 
that  has  applied  to  passenger  cars  since  the  standard 
became  effective).  As  discussed  more  fully  later  in  this 
notice,  the  rule  excludes  certain  side  doors  from  the 
side  door  strength  requirements  of  the  standard.  Be- 
low, NHTSA  discusses  in  greater  detail  the  contents 
of  the  final  rule  and  the  reasons  for  its  adoption. 

Safety  Need 

As  stated  in  the  proposal,  the  number  of  LTV  oc- 
cupant fatalities  increased  during  the  1980's,  primar- 


PART  571;  S214-PRE  60 


ily  due  to  the  greatly  increasing  sales  of  these  vehicles 
and  the  use  of  these  vehicles  for  passenger  transpor- 
tation. From  1985  to  1989,  annual  LTV  fatalities  in- 
creased from  6,738  to  8,578.  LTV  occupant  non-fatal 
injuries  have  also  been  increasing.  For  example, 
between  1985  and  1989,  the  annual  number  of  such  in- 
juries increased  from  583,000  to  763,000.  Sales  of 
LTV's  increased  from  approximately  4.5  million  vehi- 
cles in  1985  to  4.9  million  vehicles  in  1988.  With  record- 
breaking  sales  years  in  1985,  1986,  1987,  and  1988,  and 
projected  sales  of  over  5.0  million  vehicles  per  year  into 
the  future.  NHTSA  believes  that  these  trends  of  in- 
creasing fatalities  and  injuries  will  continue. 

Side  impacts  are  a  significant  cause  of  LTV  occupant 
fatalities,  accounting  for  about  19  percent  of  all  LTV 
occupant  fatalities.  Between  1985  and  1988,  total  LTV 
fatalities  in  side  impacts  increased  from  1,247  to  1,625 
annually,  and  estimated  AIS  3-5  injuries  increased  from 
4,890  to  5,940.  LTV  fatalities  in  single-vehicle  side  im- 
pact crashes  increased  from  546  to  717  annually  be- 
tween those  years,  and  estimated  AIS  3-5  injuries 
increased  from  1,960  to  2,380.  (The  abbreviation  "AIS" 
refers  to  Abbreviated  Injury  Scale,  which  is  used  to 
rank  injuries  by  level  of  severity.  An  AIS  1  injury  is 
a  minor  one,  while  an  AIS  6  injury  is  one  that  is  cur- 
rently untreatable  and  fatal.  AIS  3-5  injuries  are  those 
which  are  serious-to-critical.) 

NHTSA  recognized  that,  as  significant  as  side  im- 
pacts are  in  causing  LTV  occupant  fatalities,  side  im- 
pacts are  an  even  greater  source  of  passenger  car 
occupant  fatalities,  accounting  for  32  percent  of  such 
fatalities.  NHTSA  stated  in  the  proposal  that  the 
agency  was  concerned  about  the  side  impact  problem 
for  both  passenger  cars  and  LTV's  and  is  addressing 
the  problem  in  rulemaking  for  all  of  these  vehicles. 
NHTSA  further  stated  that  even  though  the  side  im- 
pact problem  may  be  greater  for  passenger  cars  than 
for  LTV's,  this  does  not  negate  the  seriousness  of  the 
problem  for  LTV's  or  the  desirability  of  taking  action 
to  address  the  problem. 

NHTSA  stated  in  the  proposal  that  extension  of  the 
side  door  strength  requirements  to  LTV's  would  likely 
result  in  significant  safety  benefits  by  reducing  the  ex- 
tent to  which  the  side  structure  of  the  LTV  is  pushed 
into  the  passenger  compartment  in  a  side-impact  colli- 
sion. NHTSA  anticipated  that  manufacturers  would 
comply  vidth  the  proposed  requirements  by  installing 
a  longitudinal  beam  in  each  side  door. 

NHTSA  received  a  number  of  comments  concerning 
the  safety  need  for  the  proposed  requirement.  Chrys- 
ler Corporation  (Chrysler),  while  stating  that  it  could 
meet  the  proposed  requirements,  asserted  that  com- 
pliance with  them  would  do  little  except  add  weight  and 
cost  to  a  vehicle.  Chrysler  further  asserted  that  LTV's 
perform  better  than  passenger  cars  in  side  impact  ac- 
cidents, even  without  side  door  beams.  Ford  Motor 
Company  (Ford)  and  the  Motor  Vehicle  Manufacturers 


Association  (MVMA)  also  asserted  that  LTV's  without 
side  door  beams  can  offer  at  least  equivalent  side  crush 
resistance  as  passenger  cars  with  side  door  beams.  The 
Insurance  Institute  for  Highway  Safety  (IIHS)  ques- 
tioned whether  door  beams  in  LTV's  have  any  signifi- 
cant effect  in  either  vehicle-to-vehicle  or  vehicle-to- 
fixed-object  impacts.  However,  IIHS  agreed  that  the 
requirements  would  provide  better  door  latch  integrity 
by  strengthening  the  door  latch  supporting  structure. 
IIHS  stated  that  this  would  reduce  ejection  during  rol- 
lover. Nissan  Research  &  Development,  Inc.  (Nissan) 
asserted  that  side  door  beams  would  be  less  effective 
in  MPV's  than  in  passenger  cars.  J.  E.  Tomassoni 
stated  that  a  side  door  beam  would  be  beneficial  in  side 
impact  crashes. 

After  reviewing  comments,  NHTSA  concludes  that 
there  is  a  safety  need  for  extending  the  side  door 
strength  requirements  to  LTV's.  NHTSA  acknowl- 
edges that  the  problem  of  side  impacts  writh  fixed  ob- 
jects may  be  greater  for  passenger  cars  than  for  LTV's. 
However,  this  does  not  obviate  the  seriousness  of  the 
problem  for  LTV's  or  the  desirability  of  taking  action 
to  address  the  problem.  NHTSA  concludes  that 
changes  made  in  LTV's  (i.e.,  the  installation  of  side 
door  beams)  in  response  to  the  requirements  will  reduce 
fatalities  and  injuries  in  single-vehicle  crashes  involv- 
ing many  fixed  objects.  The  principal  benefit  of  side 
door  beams  is  their  ability  to  transfer  crash  forces  into 
the  strong  pillar  structures  of  the  vehicle.  This  force 
transfer  results  in  reduced  door  intrusion  since,  with 
the  beam,  the  door  structure  will  no  longer  be  required 
to  absorb  all  the  crash  energy.  This  concept  is  applica- 
ble to  both  passenger  car  and  LTV  doors.  Thus, 
NHTSA  concludes  that  the  installation  of  beams  in 
LTV's  will  result  in  a  substantial  reduction  in  door  in- 
trusion, thereby  reducing  the  risk  of  occupant  injury. 
More  specifically,  NHTSA  concludes  that  side  door 
beams  will  be  effective  in  LTV's  in  reducing  fatalities 
in  single  vehicle  side  impacts  with  tall,  unyielding,  fixed 
objects  (e.g.,  a  pole  or  tree)  as  they  are  in  passenger 
cars.  This  is  because  the  crash  behavior  of  passenger 
cars  and  LTV's  is  very  similar  in  this  type  of  impact. 
NHTSA  concludes  that  side  door  beams  will  reduce  fa- 
talities and  injuries  in  side  impacts  by  minimizing  side 
door  intrusion  into  the  occupant  compartment  of  the 
vehicle  and  reducing  the  impact  velocity  of  contact 
between  a  door  and  a  vehicle  occupant.  In  addition, 
NHTSA  concludes  that  side  door  beams  will  signifi- 
cantly improve  the  integrity  of  door  latches  by 
strengthening  the  door  latch  supporting  structure  and 
thus  reduce  side  door  ejections. 

Practicability 

NHTSA  stated  in  the  proposal  that  it  expected 
manufacturers  to  comply  with  the  proposed  side  door 
strength  requirements  by  reinforcing  the  side  doors 
with  metal  beams,  a  practice  manufacturers  have 


PART  571;  S214-PRE  61 


followed  with  passenger  cars  for  a  number  of  years. 
Ford  commented  that  it  has  designed  most  of  its  LTV 
models  without  the  space  in  the  doors  that  would  be 
needed  for  side  impact  door  beams.  Ford  asserted  that 
it  would  be  costly  and  economically  wasteful  to  pack- 
age door  beams  as  a  running  change  to  existing 
products.  NHTSA  has  analyzed  the  information  sub- 
mitted by  Ford.  NHTSA  concludes  that  it  is  possible 
for  Ford  and  other  manufacturers  to  meet  the  require- 
ments by  the  September  1,  1993  effective  date  of  the 
requirements  of  this  final  rule.  NHTSA  discusses  the 
cost  and  leadtime  issues  raised  by  Ford  in  more  detail 
in  later  portions  of  this  notice. 

Test  Procedure 

NHTSA  proposed  to  specify  the  same  test  procedure 
for  LTV's  as  that  specified  for  passenger  cars.  Ford 
suggested  that  the  test  procedure  be  changed  to 
represent  better  an  actual  side  collision  with  a  tall, 
narrow,  fixed  object.  Specifically,  Ford  suggested  that 
the  bottom  edge  of  the  loading  cylinder  be  extended 
downward  to  within  25-50  mm  above  the  ground.  Ford 
asserted  that  this  approach  would  be  less  design 
restrictive  than  the  existing  test  procedure  since  it 
would  give  vehicle  manufacturers  the  choice  of  using 
door  beams,  strengthening  the  vehicle  sill,  or  combin- 
ing both  design  concepts.  MVMA  made  the  same  sug- 
gestions as  Ford.  HHS  found  merit  in  Ford's  suggested 
test  procedure.  However,  HHS  pointed  out  that  the 
Ford  procedure  did  not  address  the  problem  of  the  door 
opening  during  impact.  HHS  asserted  that  this  problem 
could  be  overcome  by  specifying  that  the  door  latch  re- 
main engaged  and  that  both  the  door  latch  and  the 
hinges  remain  attached  to  their  mountings  during  the 
side  door  strength  test.  Range  Rover  of  North 
America,  Inc.  (Range  Rover)  also  asserted  that  the  pro- 
posed test  procedure  is  not  representative  of  actual 
crash  conditions.  Range  Rover  suggested  a  "whole 
vehicle"  intrusion  test  procedure  that  would  have  the 
test  device  extend  above  and  below  the  highest  and 
lowest  parts  of  the  vehicle  in  the  vicinity  of  the  test 
area. 

NHTSA  has  evaluated  the  alternative  test  procedure 
suggested  by  Ford  and  MVMA  (referred  to  hereafter 
as  the  "Ford  procedure").  NHTSA  believes  that  com- 
menters  have  misconstrued  the  purpose  of  the  side  door 
strength  test  procedure.  The  purpose  of  test  is  to  en- 
sure that  the  door  stiffness  is  sufficient  to  preclude 
excessive  intrusion  in  the  occupant  compartment  in 
moderately  severe  crashes,  not  to  replicate  certain 
actual  side  impacts.  The  Ford  procedure  would  have 
a  loading  device  engage  both  the  door  and  the  sill.  Thus, 
the  Ford  procedure  would  assess  the  composite  crush 
strength  of  the  sill  and  the  door  combined.  The  Ford 
test  method  would  not  ensure  adequate  side  door 
strength  as  long  as  the  sill  structure  is  the  primary  load 
path  in  the  test.  This  could  result  in  less  occupant 


protection  since  side  door  strength  is  important  in  side 
impact  collisions  with  fixed  objects.  In  1984  and  1985. 
NHTSA  conducted  four  45-degree-rigid-pole-side- 
impact  tests.  The  test  results  show  that  the  maximum 
compartment  intrusion  usually  occurs  at  middle-door 
height,  where  a  side  door  beam  would  provide 
protection. 

In  addition,  NHTSA  is  not  convinced  that  the  Ford 
test  procedure  is  representative  of  many  side  impact 
collisions  with  fixed  objects.  Vehicles  are  often  rolling 
when  they  hit  fixed  objects.  When  vehicles  are  rolling, 
a  fixed  object  may  not  engage  the  sill,  as  in  the  Ford 
test  procedure,  before  excessive  door  intrusion  occurs. 
NHTSA  believes  that  during  off-road  sideways  sliding, 
a  vehicle's  wheels  often  dig  into  the  ground  or  are 
"tripped"  on  an  object  and  the  vehicle  tilts  in  the  direc- 
tion of  the  slide.  This  results  in  the  initial  impact  of  the 
vehicle  being  close  to  the  occupant's  chest  height, 
where  a  side  door  beam  should  provide  protection.  Roll- 
over crashes  are  a  frequent  crash  mode  for  LTV's,  ac- 
counting for  46  percent  of  LTV  occupant  fatalities  in 
1988,  compared  to  24  percent  for  passenger  cars.  Since 
rollovers  are  a  large  component  of  the  LTV  safety 
problem,  NHTSA  believes  that  it  is  reasonable  to  con- 
clude that  many  of  the  LTV  rollovers  involve  the  LTV 
in  a  rolled  or  tilted  configuration  as  it  strikes  a  fixed 
object  in  the  door  region. 

Further,  NHTSA  is  concerned  that  an  LTV  could 
"pass"  the  Ford  test  procedure  even  if  it  had  very  thin 
doors  with  practically  no  energy  absorption  capability. 
NHTSA  recognizes  that  there  is  an  option  of  propos- 
ing the  Ford  test  procedure,  but  specifying  higher  force 
levels  if  the  sill  is  engaged.  However,  NHTSA  does  not 
believe  that  this  approach  would  measure  a  side  door's 
resistance  to  crush  any  better  than  the  current  proce- 
dure. Further,  the  Ford  approach  would  require  much 
additional  research  and  would  delay  this  rulemaking. 
NHTSA  does  not  believe  that  such  delay  is  appropri- 
ate in  view  of  the  safety  benefits  that  NHTSA  expects 
to  result  from  the  adoption  of  this  final  rule. 

Another  disadvantage  of  the  Ford  test  procedure  is 
that  it  does  not  adequately  address  the  integrity  of  the 
door  latch  system.  A  door  latch  could  disengage  or 
separate  from  its  mounting  during  the  test  and  still 
"pass"  under  the  Ford  procedure  because  the  sill  struc- 
ture could  provide  needed  strength  to  meet  the  require- 
ments. NHTSA  acknowledges  that  additional  door 
latch  integrity  requirements  could  be  added  to  the  Ford 
procedure,  as  suggested  by  IIHS.  However,  this  also 
would  require  much  additional  research  and  would 
delay  this  rulemaking.  NHTSA  does  not  believe  that 
such  delay  is  appropriate  in  view  of  the  safety  benefits 
that  NHTSA  expects  to  result  from  the  adoption  of  this 
final  rule. 

The  test  procedure  suggested  by  Range  Rover  would 
test  the  crush  of  the  side  door,  the  sill,  and  the  roof 
and  is  similar  to  the  procedure  suggested  by  Ford. 


PART  571;  S214-PRE  62 


NHTSA  believes  that  its  evaluation  above  of  the  Ford 
suggestion  also  applies  to  the  Range  Rover  suggestion. 
As  with  the  Ford  procedure,  the  Range  Rover  test 
would  not  specifically  address  door  intrusion,  the  prin- 
cipal benefit  of  the  current  test  procedure  for  side  door 
strength. 

J.  E.  Tomassoni  recommended  that  Standard  No.  214 
be  modified  to  assure  that  the  side  structure  will  resist 
a  significant  force  level  to  a  distance  of  18  inches.  The 
standard  currently  allows  the  peak  force  to  be  reached 
at  any  distance  up  to  18  inches  during  the  quasi-static 
test  procedure.  NHTSA  is  not  amending  the  standard 
as  recommended  by  Mr.  Tomassoni.  NHTSA  believes 
that  such  an  amendment  would  be  beyond  the  scope 
of  the  proposed  rule.  In  addition,  NHTSA  is  not  con- 
vinced that  such  a  change  in  the  standard  is  necessary. 
If  the  peak  force  is  reached  before  18  inches,  this  value 
violl  be  sufficient  to  ensure  the  energy  absorption  level 
of  the  side  door  in  this  simulated  crash  environment 
is  sufficient  for  providing  occupant  protection. 

GM  stated  that  careful  study  is  needed  to  determine 
if  a  quasi-static  crush  test  of  side  door  strength  and 
a  dynamic  crash  test  are  both  warranted  for  LTV's. 
NHTSA  will  undertake  further  research  and  will  ana- 
lyze the  need  for  dynamic  test  requirements  further 
before  proposing  any  dynamic  crash  test  for  LTV's. 

Ford  asked  whether  double  opening  side  cargo  doors 
should  be  considered  as  two  separate  doors  or  treated 
as  a  system.  This  would  affect  where  the  longitudinal 
location  of  the  loading  cylinder  is  positioned  for  the  side 
door  strength  test.  NHTSA  concludes  that  such  doors 
should  be  treated  as  a  system  and  tested  simultane- 
ously. NHTSA  believes  that  the  mid-point  is  the 
weakest  region  of  double-opening  doors.  NHTSA  be- 
lieves that  the  test  should  determine  the  crush  charac- 
teristics of  the  weakest  region  of  the  door,  where  the 
greatest  intrusion  is  likely  to  occur.  As  discussed  above, 
the  purpose  of  the  side  door  beam  is  to  transmit  loads 
to  the  pillar  structures  of  the  vehicle.  These  structures 
are  at  the  ends  of  the  door  and  generally  have  door 
hinges  on  one  pillar  and  a  door  lock  and  latch  on  the 
other  pillar.  The  door  beam  transmits  crash  forces 
through  these  hinges  and  the  lock  and  latch  mechan- 
ism into  the  pillars.  Such  a  force-transmitting  design 
will  have  its  greatest  deflection  when  the  loads  are 
applied  at  the  mid-point.  Such  a  test  condition  will 
ensure  that,  if  a  door  has  adequate  strength  and  as- 
sociated low  intrusion  at  the  mid-point,  the  strength 
will  be  at  least  as  great  at  other  locations.  NHTSA 
intends  to  propose  an  amendment  to  section  S.4  of 
Standard  No.  214  in  the  near  future  to  deal  with  the 
test  procedure  for  double-opening  doors.  NHTSA  also 
intends  to  propose  an  amendment  to  that  section  of  the 
standard  to  clarify  how  a  vehicle  door  without  a  win- 
dow should  be  tested. 

J.  E.  Tomassoni  stated  that  section  S3. 2  of  Standard 
No.  214  contains  a  typographical  error  (i.e.,  it  refers 


to  "the  requirements  of  S3.2  1  through  S3. 2. 2"  rather 
than  to  "the  requirements  of  S3. 2.1  through  S3. 2. 3). 
NHTSA  agrees  with  Mr.  Tomassoni  and  has  corrected 
that  error  in  this  final  rule. 

Vehicle  Population 

NHTSA  proposed  to  extend  the  side  door  strength 
requirements  of  Standard  No.  214  to  all  LTV's  with 
a  GVWR  of  10,000  pounds  or  less.  In  the  proposal, 
NHTSA  stated  that  the  agency  may  consider  extend- 
ing the  requirements  on  a  more  limited  basis  in  the  final 
rule. 

NHTSA  received  a  number  of  comments  on  the  pro- 
posed vehicle  population.  General  Motors  Corporation 
(GM),  Ford,  and  Chrysler  suggested  that  the  require- 
ments be  extended  only  to  LTV's  with  a  GVWR  of 
8,500  pounds  or  less  and  an  unloaded  vehicle  weight 
(UVW)  of  5,500  pounds  or  less.  GM  stated  that  in  many 
of  the  vehicles  with  a  GVWR  between  8,500  and  10,000 
pounds,  occupants  sit  relatively  high  and  would  not 
benefit  from  a  side  door  beam.  Ford  and  Chrysler 
stated  that  their  suggested  weight  limits  would  be  con- 
sistent with  those  in  Standard  No.  208  for  manual  seat 
belts.  The  commenters  also  asserted  that  the  lower 
weight  limits  would  reduce  the  burden  imposed  on  final- 
stage  manufacturers  and  alterers.  The  National  Truck 
Equipment  Association  (NTEA)  opposed  the  extension 
of  the  side  door  strength  requirements  to  commercial 
or  vocational  vehicles  manufactured  in  two  or  more 
stages  and  outfitted  with  cargo  carrying  or  work- 
related  equipment.  NTEA  stated  that  if  NHTSA  de- 
cides to  cover  such  multi-stage  vehicles,  limiting  the 
extension  of  the  requirements  to  vehicles  with  a  GVWR 
of  8,500  pounds  or  less  and  an  UVW  of  5,500  pounds 
or  less  would  be  of  significant  assistance  to  the  truck 
body  and  equipment  industry  since  it  would  exclude 
many  multi-stage  vehicles.  NTEA  further  stated  that 
they  would  prefer  limiting  the  extension  of  the  require- 
ments to  vehicles  with  a  GVWR  of  6,000  pounds  or  less 
and  a  UVW  of  5,000  pounds  or  less.  NTEA  asserted 
that  the  vehicles  in  this  latter  weight  category  are  the 
ones  most  likely  to  be  used  for  passenger  transporta- 
tion and  for  which  passenger  car  safety  standards 
would  be  most  appropriate.  The  Recreation  Vehicle 
Industry  Association  (RVIA)  requested  that  NHTSA 
exclude  motor  homes,  van  conversions,  and  vans  from 
the  side  door  strength  requirements.  RVIA  asserted 
that  such  vehicles  are  larger  and  much  stronger  struc- 
turally than  passenger  cars.  If  NHTSA  decides  not  to 
exclude  such  vehicles.  RVIA  requested  that  the  re- 
quirements only  apply  to  vehicles  with  a  GVWR  of 
more  than  6,000  pounds. 

Grumman  Olson  requested  that  walk-in  vans  be 
excluded  from  the  extension  of  the  side  door  strength 
requirements.  Grumman  Olson  asserted  that  the  basic 
design  of  the  walk-in  van  protects  occupants  during 
side  impacts.  According  to  Grumman  Olson,  there  is 


PART  571;  S214-PRE  63 


typically  only  one  seating  position  in  a  walk-in  van.  The 
driver's  shoulder  is  typically  eight  to  18  inches  away 
from  the  side  of  the  vehicle,  thus  providing  crush  space 
in  the  event  of  a  side  impact.  Grumman  Olson  also 
stated  that  walk-in  vans  have  sliding  doors  as  side 
doors.  Grumman  Olson  asserted  that  addition  of  a  door 
beam  to  such  a  sliding  door  would  not  be  sufficient  for 
compliance  with  the  side  door  strength  test.  The  com- 
menter  further  asserted  that  additional  weight  and/or 
structure  would  have  to  be  added  for  compliance.  Ac- 
cording to  Grumman  Olson,  such  an  increase  in  struc- 
ture would  decrease  driver  visibility  and  result  in 
increased  accidents  at  intersections.  The  commenter 
also  stated  that  the  increased  weight  would  increase 
the  effort  required  to  operate  the  door  and  thus  in- 
crease driver  fatigue.  The  commenter  further  stated 
that  the  size  of  the  lower  guard  would  have  to  increase 
to  meet  the  side  door  strength  requirements.  Grum- 
man Olson  contended  that  this  would  result  in  a  trip- 
ping hazard  since  the  door  guide  is  at  the  outside  edge 
of  the  step.  Mercedes-Benz  of  North  America,  Inc. 
(Mercedes-Benz)  suggested  that  NHTSA  target  the 
side  door  strength  requirements  of  Standard  No.  214 
to  those  vehicles  that  would  "truly  benefit  in  single- 
vehicle  accidents  from  the  addition  of  side  door  beams." 
After  considering  the  comments  and  other  informa- 
tion, the  agency  has  decided  to  extend  the  side  door 
strength  requirements  to  LTV's  with  a  GVWR  of 
10,000  poimds  or  less,  except  for  walk-in  vans.  As  dis- 
cussed above,  NHTSA  has  concluded  that  there  is  a 
safety  need  to  extend  the  side  door  strength  require- 
ments of  Standard  No.  214  to  LTV's.  NHTSA  has  fur- 
ther concluded  that  the  requirements  would  also  serve 
a  safety  need  in  LTV's  viath  a  GVWR  between  8,500 
and  10,000  pounds.  While  commenters  asserted  that 
vehicle  occupants  typically  sit  higher  in  such  vehicles, 
NHTSA  has  concluded  that  this  does  not  lessen  the 
safety  need  for  side  door  strength  requirements.  In  side 
impacts  wdth  poles  and  trees,  the  objects  struck  are 
typically  taller  than  the  LTV  and  its  occupants. 
Research  conducted  by  NHTSA  indicates  that  the 
weight  of  a  vehicle  does  not  have  a  strong  effect  on 
the  risk  of  injury  to  vehicle  occupants  in  side  crashes. 
Thus,  LTV's  between  8,500  pounds  and  10,000  pounds 
GVWR  do  not  offer  greater  crash  protection  in  side 
impacts  than  LTV's  less  than  8,500  pounds  GVWR. 
Further,  the  test  procedure  adopted  by  this  final  rule 
would  specify  a  peak  crush  resistance  of  12,000  pounds 
for  all  vehicles.  Thus,  there  is  no  additional  burden 
established  for  vehicles  over  8,500  pounds  GVWR.  As 
discussed  more  fully  in  a  later  portion  of  this  notice, 
NHTSA  has  also  concluded  that  issues  concerning  the 
certification  of  comphance  with  the  side  door  strength 
requirements  of  Standard  No.  214  for  multi-stage 
vehicles  can  be  resolved  for  vehicles  less  than  10,000 
pounds  GVWR.  Further,  GM  suggested  an  alternative 
of  excluding  walk-in  vans  from  coverage  if  the  GVWR 


cut-off  was  set  at  10,000  pounds.  NHTSA  has  adopted 
that  alternative  in  this  final  rule. 

NHTSA  is  excluding  walk-in  vans  because  the  agency 
has  concluded  that  it  is  impracticable  for  such  vehicles 
to  meet  the  side  door  strength  requirements  because 
of  their  special  design  features.  As  pointed  out  by 
Grumman  Olson,  a  simple  addition  of  a  side  door  beam 
would  not  be  sufficient  to  comply  with  the  side  door 
strength  requirements.  Rather,  manufacturers  would 
have  to  add  additional  weight  and  structure  and  com- 
pletely change  the  side  of  the  vehicle.  NHTSA  agrees 
with  Grumman  Olson  that  this  increased  weight  and 
structure  could  have  other  safety  implications. 

NHTSA  has  decided  to  include  motor  homes,  vans, 
and  van  conversions  in  the  final  rule.  NHTSA  does  not 
agree  wdth  RVIA  that  there  is  a  lesser  safety  need  for 
covering  such  vehicles.  That  commenter  stated  that  oc- 
cupants of  these  vehicles  are  seated  well  above  the  most 
likely  points  of  initial  side  impact  in  a  vehicle  that  is 
larger,  much  stronger  structurally,  and  provides  more 
protection  against  side  impacts  than  a  passenger  car. 
As  discussed  above,  however,  in  side  impacts  with  poles 
and  trees,  the  objects  struck  are  typically  taller  than 
the  LTV  and  its  occupants,  and  research  conducted  by 
the  agency  indicates  that  the  weight  of  a  vehicle  does 
not  have  a  strong  effect  on  the  risk  of  injury  to  vehicle 
occupants  in  side  crashes.  Thus,  there  are  no  indica- 
tions of  any  lesser  safety  need  for  side  impact  protec- 
tion in  these  vehicles.  These  vehicles  are  driven  on  the 
same  roads  and  at  the  same  times  as  other  LTV's,  and 
are  thus  subject  to  the  same  safety  risks  as  other 
LTV's.  NHTSA  is  not  aware  of  any  special  characteris- 
tic of  these  vehicles  that  would  reduce  such  risks. 
Moreover,  neither  RVIA  nor  any  other  commenter 
identified  any  characteristic  in  the  design  of  these 
vehicles  that  would  make  it  harder  to  meet  the  side 
door  strength  requirements  than  in  other  types  of 
LTV's,  nor  is  NHTSA  aware  of  any  such  characteris- 
tic. Further,  the  cost  of  installing  side  door  beams  in 
these  vehicles  will  not  exceed  the  cost  of  installing  them 
in  other  LTV's.  After  examining  these  factors,  there 
is  no  apparent  basis  for  excluding  these  vehicles  from 
the  side  door  strength  requirements. 

As  mentioned  above,  NTE  A  suggested  excluding  cer- 
tain vehicles  produced  in  two  or  more  stages  from  the 
side  door  strength  requirements  of  Standard  No.  214. 
NTEA  asserted  that  NHTSA  has  not  demonstrated 
that  there  is  a  safety  need  to  extend  the  requirements 
to  such  vehicles.  In  the  Final  Regulatory  Impact  Anal- 
ysis, NHTSA  has  analyzed  the  potential  safety  benefits 
of  this  final  rule.  However,  NHTSA  disagrees  with  the 
premise  that  the  agency  must  quantify  the  magnitude 
of  the  safety  problem  and  the  safety  benefits  gained 
through  adoption  or  extension  of  a  safety  standard  for 
every  conceivable  subclass  of  a  particular  type  of 
vehicle.  NTEA  apparently  believes  that  NHTSA  must 
demonstrate  through  analysis  of  crash  data  that  there 


PART  571;  S2M-PRE   CI 


is  a  safety  need  to  protect  occupants  of  every  conceiv- 
able subclass  of  light  truck  (e.g.,  tow  trucks,  am- 
bulances, bread  delivery  vehicles,  public  utility  vehicles, 
snow  plows,  dump  trucks,  etc.).  A  similar  argument 
was  also  made  by  RVIA.  Crash  data  broken  down  by 
such  discrete  subclasses  of  LTV's  are  not  available. 
Even  if  such  detaOed  data  were  available,  the  data  cells 
would  likely  be  too  small  to  draw  statistically  valid 
conclusions. 

However,  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  does  not  require  this  degree  of  specificity. 
Section  103(fX3)  of  the  Safety  Act  requires  that  a  safety 
standard  be  "appropriate  for  the  particular  type  of 
motor  vehicle...  for  which  it  is  prescribed."  In  49  CFR 
571.3,  NHTSA  has  defined  the  types  of  motor  vehicles 
and,  for  this  rulemaking,  the  relevant  vehicle  types 
include  trucks,  multi-purpose  passenger  vehicles 
(MPV's),  and  buses  with  a  GVWR  of  10,000  pounds  or 
less.  NTEA's  assertion  that  vehicles  manufactured  in 
more  than  one  stage  constitute  a  separate  type  of 
vehicle  is  not  substantiated  and  runs  counter  to  the 
Safety  Act's  legislative  history.  The  Senate  Report 
states  that  differences  in  safety  standards  "would  be 
based  on  the  type  of  vehicle  rather  than  its  place  of 
origin  or  any  special  circumstances  of  its  manufacture." 
S.  Rep.  No.  1301  (89th  Cong.,  2d  Sess.)  at  6. 

In  its  comments,  NTEA  did  not  explain  how  its  mem- 
bers' vehicles  either  offer  improved  side  door  strength 
or  why  the  occupants  of  such  vehicles  do  not  require 
such  protection.  NTEA  provided  no  data  or  even 
anecdotal  information  to  support  its  position  that  the 
extension  of  the  side  door  strength  requirements  of 
Standard  No.  214  to  vehicles  manufactured  by  its  mem- 
bers is  not  necessary.  Since  these  vehicles  are  driven 
on  the  same  roads  and  at  the  same  times  as  other 
LTV's,  they  are  subject  to  the  same  safety  risks  as 
other  LTV's,  absent  some  special  vehicle  characteris- 
tic that  would  reduce  such  risks.  Indeed,  the  risk  to 
occupants  of  many  vehicles  produced  by  NTEA  mem- 
bers may  even  exceed  that  to  occupants  of  other  LTV's. 
For  example,  occupants  of  vehicles  used  for  emergency 
or  rescue  purposes  (e.g.,  ambulances  and  tow  trucks) 
may  be  at  greater  risk  than  occupants  of  other  LTV's. 

NTEA  has  argued  in  other  rulemakings  involving 
extensions  of  safety  standards  to  LTV's  that  because 
vehicles  manufactured  by  its  members  are  not  intended 
to  transport  passengers  and  because  they  are  driven 
by  professionals,  there  is  less  safety  need  to  apply 
safety  standards  to  such  vehicles.  First,  many  LTV's 
manufactured  by  NTEA's  members  typically  have  pas- 
sengers. Examples  of  such  vehicles  include  ambulances 
(where  an  injured  or  ill  person  and  a  medical  techni- 
cian are  typical  passengers),  tow  trucks  (where  the  dis- 
abled vehicle's  driver  is  a  typical  passenger),  and  utility 
vehicles  (which  often  have  a  two-person  crew).  Second, 
even  if  a  light  truck  does  not  typically  have  passengers, 
NHTSA  is  still  concerned  about  the  risk  to  the  driver. 


Indeed,  70  percent  of  all  fatalities  in  light  truck  crashes 
are  drivers.  Finally,  NTEA  does  not  show  that  LTV's 
manufactured  by  its  members  are  somehow  safer  be- 
cause their  drivers  are  "professionals."  NTEA  submit- 
ted no  information  about  any  special  training  or 
licensing  requirements  for  operators  of  such  LTV's  and 
NHTSA  is  not  aware  of  any  such  requirements. 

Further,  there  is  a  legal  issue  concerning  whether 
NHTSA  is  able  to  exclude  vehicles  produced  in  two  or 
more  stages  from  Standard  No.  214  The  court  stated 
in  Chrysler  Corp.  v.  Dept.  of  Transportation  that  any 
differences  between  standards  for  different  classes  of 
vehicles  are  to  "be  based  on  type  of  vehicle  rather  than 
its  place  of  origin  or  any  special  circumstances  of  its 
manufacturer."  472  F.2d  659,  679  (6th  Cir.  1972). 
Thus,  under  this  decision,  NHTSA  may  not  exclude  ve- 
hicles from  Standard  No.  214  simply  because  they  are 
manufactured  in  two  or  more  stages.  NHTSA  ac- 
knowledges that  a  recent  decision  in  National  Truck 
Equipment  Association  v.  NHTSA,  919  F.2d  1148  (6th 
Cir.  1990),  seems  to  indicate  that  NHTSA  does  have 
authority  to  exclude  commercial  vehicles  manufactured 
in  two  or  more  stages  from  coverage  under  a  safety 
standard.  However,  even  if  authority  can  be  found  in 
the  statute  for  such  an  approach,  NHTSA  does  not  be- 
lieve that  the  approach  would  be  appropriate  here. 
NHTSA  believes  that  the  occupants  of  LTV's  manufac- 
tured in  two  or  more  stages  should  be  provided  the 
same  protection  in  side  impacts  as  occupants  of  other 
LTV's.  As  discussed  above,  NHTSA  does  not  believe 
that  LTV's  manufactured  in  two  or  more  stages  have 
any  characteristics  which  provide  better  occupant  pro- 
tection in  side  impact  collisions  than  other  LTV's  and 
NTEA  did  not  offer  any  information  to  support  such 
a  conclusion.  Later  in  this  preamble,  NHTSA  discusses 
ways  that  final-stage  manufacturers  and  alterers  may 
comply  with  Standard  No.  214. 

Exclusion  of  Certain  Side  Doors 

In  the  NPRM,  NHTSA  proposed  to  exclude  certain 
side  doors  from  coverage  under  the  standard  since  the 
agency  tentatively  concluded  that  adding  side  beams 
to  such  doors  would  likely  have  little  or  no  safety 
benefit.  Specifically,  NHTSA  proposed  to  exclude:  (1) 
any  side  door  located  so  that  no  portion  of  an  adjacent 
outboard  designated  seating  position,  with  the  seat  ad- 
justed to  any  position  to  which  it  can  be  adjusted,  falls 
wdthin  the  transverse,  horizontal  projection  of  the 
door's  opening,  and  (2)  any  side  door  located  adjacent 
to  hardware  for  installation  of  an  outboard  seating 
position  so  that  no  portion  of  a  seat  recommended  by 
the  manufacturer  for  installation  with  that  hardware, 
would  when  so  installed,  and  adjusted  as  in  (1),  fall 
within  the  three  dimensional  area  described  in  (1). 

In  the  NPRM,  NHTSA  also  requested  comment  on 
whether  the  agency  should  exclude  rear  side  van  doors 
where  a  small  portion  of  the  front  of  that  side  door  is 
adjacent  to  the  rear  of  the  front  seat.  NHTSA  further 


PART  571;  S214-PRE  65 


requested  comment  on  whether  rear  side  doors 
adjacent  to  the  aisleways  in  some  vans  should  be  ex- 
cluded from  coverage  even  if  the  seating  positions  on 
the  other  side  of  the  aisleways  might  not  be  "outboard 
seating  positions"  as  defined  in  49  CFR  571.3  because 
those  aisle  seats  could  be  less  than  12  inches  from  the 
side  of  the  vehicle.  Finally,  NHTSA  requested  com- 
ment on  whether  any  other  doors,  such  as  detachable 
doors,  should  be  excluded  from  coverage. 

NHTSA  received  a  number  of  comments  on  these 
issues.  Motor  Voters  urged  NHTSA  to  consider  cover- 
ing doors  with  no  seating  position  nearby.  According 
to  Motor  Voters,  this  would  reduce  the  likelihood  of 
ejection  through  those  doors  of  unrestrained  pas- 
sengers seated  in  other  positions  or  riding  unseated  in 
the  rear  of  vans  and  minivans.  The  American  Medical 
Association  (AMA)  opposed  an  exclusion  for  LTV  doors 
that  are  not  next  to  an  outboard  seat.  AMA  was  con- 
cerned that  any  exclusion  would  encourage  manufac- 
turers to  design  LTV's  to  circumvent  the  side  door 
strength  requirements.  RVIA  supported  the  proposed 
exclusion  of  side  doors  that  are  not  located  adjacent 
to  an  outboard  designated  seating  position.  RVIA 
stated  that  this  proposed  exclusion  would  not  adversely 
affect  safety  and  would  provide  relief  by  reducing  the 
number  of  doors  that  van  converters  (and  motor  home 
manufacturers  if  motor  homes  were  covered  in  the  final 
rule)  would  be  required  to  test  for  compliance. 

Chrysler  supported  the  exclusions  proposed  by 
NHTSA  in  the  NPRM.  In  addition,  Chrysler  supported 
an  exclusion  for  doors  in  vans  with  seats  on  the  aisle 
that  are  less  than  12  inches  from  the  side  of  the  vehi- 
cle and,  therefore,  are  outboard  designated  seating 
positions.  Chrysler  asserted  that,  because  of  the  sepa- 
ration afforded  by  the  aisleway,  these  doors  will  not 
have  occupants  sitting  immediately  adjacent  to  them 
and  that  adding  side  door  beams  would  be  of  little 
benefit.  Chrysler  further  supported  an  exclusion  for 
side  van  doors  where  a  small  portion  of  the  front  of 
the  door  is  adjacent  to  the  rearmost  part  of  a  front  out- 
board seating  position.  Chrysler  suggested  that  the 
door  be  excluded  unless  the  seat  at  its  rearmost  ad- 
justed position  extended  into  the  projected  door  open- 
ing to  the  extent  that  the  H-point  was  adjacent  to  the 
door  or  door  opening.  According  to  Chrysler,  this  sug- 
gested exclusion  would  apply  even  if  a  seat  were  not 
installed  as  original  equipment,  but  could  be  installed 
at  a  later  date  using  hardware  available  at  that  out- 
board seating  position.  Finally,  Chrysler  supported  an 
exclusion  for  detachable  doors.  Chrysler  pointed  out 
that  its  Jeep  Wrangler  sport  utility  vehicle  has  light- 
weight, detachable  doors.  Chrysler  asserted  that  the 
purchaser  of  a  vehicle  with  light-weight,  detachable 
doors  would  perceive  that  the  doors  do  not  meet  side 
door  crush  performance  requirements,  just  as  the 
owner  of  a  convertible  is  aware  that  the  vehicle  will 
not  meet  roof  crush  requirements.  Nissan  Research  & 


Development,  Inc.  (Nissan)  stated  that  an  exclusion 
from  the  side  door  strength  requirements  is  justified 
for  doors  where  the  only  seat  adjacent  to  the  door  is 
located  an  extended  distance  from  the  door  (i.e.,  when 
a  door  is  next  to  an  aisle).  Nissan  asserted  that  there 
is  a  low  possibility  of  injury  from  door  intrusion  to  the 
seat's  occupant  in  such  a  case.  However,  Nissan  stated 
that  studies  of  the  relationship  between  the  degree  of 
door  intrusion  and  injuries  sustained  were  necessary 
to  determine  the  appropriate  distance  between  the  in- 
ner surface  of  the  door  and  the  seat  necessary  to  qualify 
for  an  exclusion.  Nissan  also  stated  that  the  criteria 
in  NHTSA's  proposed  regulatory  text  concerning  the 
exclusion  for  certain  doors  was  unclear.  Nissan  recom- 
mended that  the  final  rule  exclude  doors  if,  when  ad- 
jacent outboard  seats  are  adjusted  anywhere  within 
their  forward-most  or  rearward-most  range  and  with 
the  seatbacks  and  seat  lifters  adjusted  to  the  manufac- 
turer's nominal  design  riding  position,  no  portion  of  the 
torso  of  an  SAE  J826b  test  mannequin  that  is  posi- 
tioned in  a  seat  is  within  the  door  opening  projection. 

NHTSA  also  received  one  comment  supporting  an 
extension  of  the  strength  requirements  to  structures 
that  were  not  covered  in  the  proposal.  J.  E.  Tomassoni 
suggested  that  Standard  No.  214  be  modified  to  estab- 
lish strength  requirements  for  all  side  structures  that 
are  located  adjacent  to  seats,  not  just  doors. 

After  considering  comments  and  other  information, 
NHTSA  has  decided  to  exclude  the  following  types  of 
side  doors  from  coverage  under  the  final  rule: 

(1)  any  side  door  located  so  that  no  point  on  a  ten- 
inch  horizontal  longitudinal  line  passing  through  and 
bisected  by  the  H-point  of  a  manikin  placed  in  any  seat, 
with  the  seat  adjusted  to  any  position  and  the  seat  back 
adjusted  as  specified  in  section  S6.4.  falls  within  the 
transverse,  horizontal  projection  of  the  door's  opening, 

(2)  any  side  door  located  so  that  no  point  on  a  ten- 
inch  horizontal  longitudinal  line  passing  through  and 
bisected  by  the  H-point  of  a  manikin  placed  in  any  seat 
recommended  by  the  manufacturer  for  installation  in 
a  location  for  which  seat  anchorage  hardware  is  pro- 
vided, with  the  seat  adjusted  to  any  position  and  the 
seat  back  adjusted  as  specified  in  section  S6.4.  falls 
within  the  transverse,  horizontal  projection  of  the 
door's  opening, 

(3)  any  side  door  located  so  that  a  portion  of  a  seat, 
with  the  seat  adjusted  to  any  position  and  the  seat  back 
adjusted  as  specified  in  section  S6.4,  falls  within  the 
transverse,  horizontal  protection  of  the  door's  open- 
ing, but  a  longitudinal  vertical  plane  tangent  to  the  out- 
board side  of  the  seat  cushion  is  more  than  10  inches 
from  the  innermost  point  on  the  inside  surface  of  the 
door  at  a  height  between  the  H-point  and  shoulder 
reference  point  (as  shown  in  figure  1  of  the  Federal 
Motor  Vehicle  Safety  Standard  No.  210)  and  longitu- 
dinally between  the  front  edge  of  the  cushion  with  the 


PART  571;  S214-PRE 


seat  adjusted  to  its  forwardmost  position  and  the  rear 
edge  of  the  cushion  with  the  seat  adjusted  to  its  rear- 
most position. 

(4)  any  side  door  that  is  designed  to  be  easily 
attached  to  or  removed  (e.g.,  using  simple  hand  tools 
such  as  pliers  and/or  a  screw  driver)  from  a  motor 
vehicle  manufactured  for  operation  without  doors. 

The  first  two  exclusions  are  for  doors  that  are 
unlikely  to  have  vehicle  occupants  sitting  near  them. 
As  discussed  in  the  preamble  to  the  NPRM.  NHTSA 
believes  that  there  is  little  safety  benefit  from  having 
a  side  door  beam  for  doors  that  are  unlikely  to  have 
vehicle  occupants  sitting  near  them.  While  commenters 
asserted  that  covering  doors  with  no  seating  positions 
nearby  would  reduce  the  likelihood  of  ejection  through 
those  doors  of  unrestrained  passengers  seated  in  other 
positions  or  riding  unseated,  NHTSA  has  concluded 
that  the  potential  safety  benefit  would  be  insignificant 
and  would  not  be  justified  in  view  of  the  cost  of  install- 
ing door  beams  in  those  doors.  The  principal  benefit 
of  side  door  beams  is  the  reduction  in  passenger  com- 
partment intrusion.  This  reduces  the  risk  of  injury  for 
occupants  seated  near  the  door.  Little  safety  benefit 
would  be  gained  by  requiring  side  beams  in  door  with 
no  passengers  seated  near  them. 

After  considering  public  comments,  NHTSA  has 
altered  the  scope  of  the  first  two  exclusions  to  exclude 
a  door  from  coverage  even  if  a  small  portion  of  the 
front  of  that  side  door  is  adjacent  to  the  rear  of  the 
front  seat.  NHTSA  has  concluded  that,  in  a  side  im- 
pact with  a  fixed  object,  a  door  beam  in  the  rear  side 
door  would  provide  little  protection  to  a  vehicle 
occupant  sitting  in  the  front  seat.  The  occupant  of  such 
a  seat  is  unlikely  to  be  exposed  to  door  intrusion  in  a 
such  a  side  impact. 

The  third  exclusion  is  for  doors  with  an  adjacent 
designated  seating  position  more  than  ten  inches  from 
the  inside  surface  of  the  vehicle.  NHTSA  has  added  this 
exclusion  after  considering  public  comments  that  doors 
should  be  excluded  from  coverage  if  the  adjacent  seats 
are  on  the  other  side  of  an  aisleway  of  at  least  ten 
inches.  NHTSA  is  excluding  such  side  doors  because 
NHTSA  has  concluded  that  vehicle  occupants  seated 
in  such  locations  would  benefit  only  minimally  from  the 
reduction  in  intrusion  into  the  passenger  compartment 
resulting  from  side  door  beams  in  a  typical  side  impact 
with  a  fixed  object.  Based  on  available  data,  NHTSA 
has  concluded  that  the  intrusion  into  the  occupant  com- 
partment is  generally  about  four  to  six  inches  less  than 
the  exterior  crush.  Therefore,  in  a  crash  of  moderate 
severity  with  an  exterior  crush  of  12  to  16  inches,  the 
intrusion  into  the  occupant  compartment  would  be 
about  seven  to  11  inches. 

NHTSA  is  excluding  side  doors  designed  to  be  easily 
attached  to  or  removed  from  motor  vehicles  manufac- 
tured for  operation  without  doors  because  such  doors 


have  design  features  which  make  compliance  with  the 
side  door  strength  requirements  technologically  and/or 
economically  impracticable.  As  pointed  out  in  the 
preamble  to  the  NPRM,  such  doors  may  be  made  of 
plastic  fabrics  and  metal  wire  frames  and  would  not 
be  able  to  meet  the  side  door  strength  requirements. 
NHTSA  has  concluded  that  these  doors  cannot  be 
redesigned  to  meet  the  requirements  without  com- 
pletely changing  the  side  of  the  vehicle. 

Further,  NHTSA  does  not  believe  that  vehicle 
manufacturers  will  produce  a  new  type  of  vehicle  sim- 
ply to  avoid  the  side  door  strength  requirements  as  sug- 
gested by  one  commenter.  Although  such  doors  have 
been  excluded  from  coverage  under  Standard  No.  206, 
Door  Locks  and  Door  Retention  Compon£nts,  NHTSA 
does  not  believe  that  manufacturers  have  produced 
vehicles  with  those  doors  simply  to  qualify  for  that 
exclusion. 

NHTSA  did  not  adopt  the  suggestion  of  J.  E. 
Tomassoni  to  test  all  side  structures  adjacent  to  seats. 
First,  NHTSA  believes  that  such  an  amendment  to  the 
standard  would  be  outside  the  scope  of  the  proposed 
rule.  Second,  NHTSA  does  not  have  data  to  justify  such 
a  requirement  for  non-door  structures.  In  fact,  NHTSA 
believes  that  the  non-door  regions  generally  have 
higher  crush  strength  characteristics  than  the  door 
regions  because  of  the  surrounding  supporting 
structure. 

Safety  Benefits  of  the  Rule 

As  indicated  above,  in  November  1982,  NHTSA  pub- 
lished an  evaluation  of  the  side  door  strength  require- 
ments for  passenger  cars.  The  report  concluded  that 
single  vehicle  side  impact  occupant  fatalities  were 
reduced  by  14  percent.  For  side  impacts  with  tall  fixed 
objects  and  guard  rails,  the  fatality  reduction  of  side 
door  beams  was  23  percent.  The  report  concluded  that 
the  standard  did  little  to  reduce  fatalities  in  multi-car 
side  impact  collisions. 

In  the  NPRM,  NHTSA  attributed  the  benefits  of  the 
side  door  strength  requirements  to  the  following  facts: 
(1)  the  added  side  door  beam  helps  to  make  a  pole,  tree, 
guardrail  or  other  fixed  object  slide  by  the  occupant's 
position,  thus  reducing  intrusion  into  the  passenger 
compartment,  and  (2)  the  strengthened  striker/latch 
area  of  the  door  helps  reduce  ejections. 

In  the  NPRM,  NHTSA  noted  that  two  injury 
mechanisms  are  likely  to  occur  in  a  typical  side  impact 
with  a  fixed  object.  First,  the  occupant  strikes  the  door. 
This  occurs  before  door  intrusion  reaches  its  maximum 
and  added  padding  is  beneficial  to  reducing  the  poten- 
tial for  injury  then.  Second,  the  intruding  object  (or  the 
side  structure  of  the  vehicle  when  pushed  inward  by 
the  fixed  object)  may  strike  the  occupant.  A  side  door 
beam  reduces  the  possibility  of  this  second  injury 
mechanism  from  occurring. 


PART  571;  S214-PRE  67 


NHTSA,  in  the  NPRM  and  the  PreHminary  Regula- 
tory Impact  Analysis  (PRIA),  estimated  that  adding 
side  door  beams  to  LTV's  would  result  in  about  110 
fewer  fatalities  and  950  fewer  AIS  3-5  injuries  each 
year.  In  calculating  benefits,  the  NHTSA  assumed  in 
the  NPRM  and  the  PRIA  that  the  effectiveness  of  side 
beams  for  LTV's  involved  in  side-impact  crashes  would 
be  the  same  as  side  beams  for  passenger  cars.  NHTSA 
made  this  assumption  because:  (1)  many  LTV's  are  ex- 
posed to  the  same  traffic  environment  as  cars,  (2)  side 
door  beams  are  most  effective  in  reducing  occupant  in- 
juries in  single-vehicle  crashes,  where  the  mass  and 
height  of  a  vehicle  have  little  effect  (unless  the  vehicle 
is  involved  in  a  rollover),  and  (3)  the  doors  currently 
used  on  LTV's  are  similar  to  the  doors  used  on  pas- 
senger cars  prior  to  the  establishment  of  side  door 
strength  requirements  for  passenger  cars.  Since  LTV's 
were  not  yet  equipped  with  side  door  beams,  NHTSA 
was  unable  to  evaluate  their  effectiveness  more 
thoroughly.  Since  light  truck  occupants  generally  sit 
higher  than  passenger  car  occupants,  NHTSA  pre- 
sumed that  they  are  less  vulnerable  in  multi-vehicle  col- 
lisions involving  passenger  cars.  In  side  impacts  with 
poles  and  trees,  however,  the  objects  struck  are  typi- 
cally taller  than  either  a  passenger  car  or  LTV.  There- 
fore, the  height  differences  between  cars  and  LTV's 
would  not  affect  the  utility  of  side  door  beams  in  side 
impacts  with  poles  and  trees. 

NHTSA  also  stated  that  installing  side  beams  in 
LTV's  could  help  reduce  ejections  in  rollover  or  other 
non-side-impact  crash  modes.  However,  the  agency  did 
not  attempt  to  quantify  the  potential  benefits  in  those 
areas. 

NHTSA  received  a  number  of  comments  concerning 
the  projected  benefits.  As  discussed  above,  a  number 
of  commenters  asserted  that  side  door  beams  would 
be  less  effective  in  LTV's  than  in  passenger  cars. 
Therefore,  some  commenters  (e.g..  Ford)  asserted  that 
NHTSA  had  overestimated  potential  safety  benefits  in 
the  NPRM  and  PRIA.  Ford  asserted  that  the  effective- 
ness of  side  door  beams  in  single  vehicle  accidents  was 
a  function  of  accident  type  and  that  LTV's  have  a 
different  distribution  of  accident  types  than  passenger 
cars.  Ford  suggested  a  different  methodology  for 
estimating  benefits  based  on  this  different  distribution 
of  accident  types.  In  addition,  some  commenters 
further  asserted  that  side  door  beams  may  have  an  ad- 
verse effect  in  vehicle-to-vehicle  side  impact  collisions. 
Ford  asserted  that  the  "benefits"  of  side  door  beams 
may  even  be  negative. 

As  discussed  above,  NHTSA  has  concluded  that  side 
door  beams  will  reduce  fatalities  and  injuries  in  side 
impacts  by  minimizing  side  door  intrusion  into  the 
occupant  compartment  of  the  vehicle  and  reducing  the 
impact  velocity  of  contact  between  an  intruding  door 
and  a  vehicle  occupant. 


After  considering  the  comments,  NHTSA  has  ana- 
lyzed further  the  estimates  of  benefits  from  the  exten- 
sion of  the  side  door  strength  requirements  to  LTV's. 
NHTSA  agrees  with  Ford  that  there  is  a  difference  in 
accident  types  between  passenger  cars  and  LTV's. 
NHTSA  has  estimated  benefits  for  this  final  rule  using 
a  methodology  similar  to  the  one  suggested  by  Ford 
for  this  aspect  of  the  analysis. 

NHTSA  estimates  that  this  final  rule  will  avoid  59 
to  83  fatalities  and  914  to  1,223  non-fatal  hospitaliza- 
tions in  single  vehicle  crashes.  In  multi-vehicle  crashes. 
NHTSA  estimates  that  this  final  rule  will  avoid  672  to 
685  non-fatal  hospitalizations.  These  estimates  do  not 
include  potential  benefits  from  possible  reduced  ejec- 
tions in  rollover  or  other  non-side-impact  crashes. 
NHTSA  cannot  quantify  such  potential  benefits  at  this 
time.  A  more  detailed  analysis  of  benefits  appears  in 
the  Final  Regulatory  Impact  Analysis  (FRIA). 

NHTSA  does  not  accept  the  assertion  that  side  door 
beams  have  an  adverse  effect  in  vehicle-to-vehicle  side 
impact  collisions.  Simulation  studies  have  shown  that 
the  contact  velocity  of  the  occupant  in  a  vehicle-to- 
vehicle  side  impact  is  reduced  by  a  side  door  beam. 
Since  contact  velocity  is  related  to  injury  potential,  it 
is  unlikely  that  side  door  beams  could  have  an  adverse 
effect  in  vehicle-to-vehicle  side  impact  collisions. 

Costs  of  the  Rule 

In  the  NPRM  and  the  Preliminary  Regulatory  Impact 
Analysis  (PRIA),  NHTSA  estimated  that  the  cost  of 
adding  a  side  door  beam  to  comply  with  the  proposed 
side  door  strength  requirements  would  average  be- 
tween $16.15  and  $28.18  per  LTV.  Including  the  life- 
time fuel  costs  of  carrying  the  extra  weight  of  the  side 
door  beams,  NHTSA  estimated  that  the  cost  per  vehi- 
cle would  average  between  $36.93  and  $51.35.  In  the 
NPRM  and  the  PRL^,  NHTSA  stated  that  another  pos- 
sible cost  relates  to  secondary  weight  (i  e.,  weight 
increases  in  other  parts  of  the  vehicle  which  might  be 
made  to  compensate  for  the  additional  weight  of  side 
door  beams).  In  the  NPRM  and  the  PRIA,  NHTSA 
illustrated  the  potential  impact  of  secondary  weight  by 
assuming  that  0.7  pounds  of  secondary  weight  is  ad- 
ded for  each  pound  of  primary  weight  (i.e.,  the  weight 
of  the  side  door  beams).  With  these  assumptions, 
NHTSA  estimated  that  the  total  cost  per  vehicle  would 
average  between  $60.99  to  $78.13.  NHTSA  also  esti- 
mated that  the  cost  of  conducting  a  compliance  test  for 
the  side  door  strength  requirements  would  be  about 
$1,600. 

NHTSA  received  comments  on  the  estimated  costs 
of  the  proposed  rule.  RVIA  asserted  that  each  side  door 
strength  test  performed  by  an  independent  test  facil- 
ity would  cost  $6,290.  According  to  RVIA,  this  figure 
does  not  include  the  cost  of  replacing  or  repairing  doors 
destroyed  or  damaged  by  the  test  nor  other  costs  for 
design,  engineering,  manufacturing,  or  administrative 


PART  571;  S214-PRE 


support.  As  stated  in  the  FRIA,  compliance  costs  for 
the  side  door  strength  test  for  passengers  cars  were 
about  $2,000  per  test  in  1988.  NHTSA  expects  that  the 
costs  will  be  similar  for  LTV's.  Thus,  NHTSA  believes 
that  the  costs  generally  should  not  be  as  high  as  as- 
serted by  RVIA.  Further,  even  if  the  RVIA  figure  is 
correct,  NHTSA  believes  that  the  testing  costs  will  be 
negligible  for  almost  all  LTV's  on  a  per  vehicle  basis. 

Ford  asserted  that  it  would  have  difficulty  meeting 
the  requirements  for  one  of  its  LTV  models  without 
making  major  design  changes,  which  would  be  very 
costly.  Ford  estimated  potential  design  and  tooling 
costs  in  a  confidential  submission  to  NHTSA.  However, 
since  submission  of  its  initial  comment.  Ford  has 
developed  and  demonstrated  to  NHTSA  a  relatively 
simple  way  of  meeting  the  side  door  requirements  for 
the  LTV  model  in  question,  without  major  design 
changes.  Therefore,  Ford's  initial  estimate  of  costs  is 
no  longer  valid. 

After  considering  the  comments  on  the  estimated 
costs  of  the  proposed  rule,  NHTSA  estimates  that  the 
cost  of  adding  side  door  beams  to  comply  with  the  final 
rule  will  average  between  $14.31  and  $24.31  per  co- 
vered LTV.  NHTSA  further  estimates  that  the  lifetime 
fuel  costs  of  carrying  the  extra  weight  of  the  side  door 
beams  will  average  between  $16.66  and  $17.97.  Thus, 
NHTSA  estimates  that  the  cost  per  vehicle  will  aver- 
age between  $30.97  and  $42.28.  NHTSA  also  per- 
formed a  sensitivity  analysis  to  illustrate  the  potential 
impact  of  secondary  weight,  assuming  that  0.7  pounds 
of  secondary  weight  is  added  for  each  pound  of  primary 
weight  (i.e.,  the  weight  of  the  side  door  beams).  With 
these  assumptions,  NHTSA  estimated  that  the  total 
cost  per  vehicle  would  average  between  $50.51  and 
$63.34.  The  above  estimates  all  exclude  the  cost  of 
adding  side  door  beams  to  the  rear  side  doors  of  vans 
since  many  of  these  doors  are  not  covered  by  the  re- 
quirements of  this  final  rule.  A  more  detailed  analysis 
of  the  costs  of  the  final  rule  appears  in  the  FRIA. 

Compliance  by  Multi-Stage  Manufacturers 

In  the  proposal,  NHTSA  addressed  the  issue  of 
LTV's  that  are  manufactured  in  more  than  one  stage 
or  altered  after  they  are  certified  by  the  original 
manufacturer.  There  are  a  number  of  final-stage 
manufacturers,  many  of  which  are  small  businesses,  in- 
volved in  installing  truck  bodies  and/or  work-related 
equipment  on  chassis.  There  are  also  a  number  of 
alterers  involved  in  modifying  the  structure  of  new 
vehicles.  Under  NHTSA's  regulations,  a  final-stage 
manufacturer  must  certify  that  the  completed  vehicle 
conforms  to  all  applicable  safety  standards  and  alterers 
must  certify  that  the  altered  vehicle  continues  to  com- 
ply with  all  applicable  safety  standards.  Throughout  the 
rest  of  this  preamble,  the  term  "final-stage  manufac- 
turer" is  used  to  refer  to  both  final-stage  manufac- 
turers and  alterers. 


In  the  proposal,  NHTSA  stated  that  the  compliance 
test  for  side  door  strength  is  a  destructive,  whole  sys- 
tem test,  which  could  be  difficult  and/or  expensive  for 
many  final-stage  manufacturers  to  conduct,  especially 
if  they  conducted  such  testing  on  many  different  types 
of  vehicles.  However,  NHTSA  stated  that  the  vast 
majority  of  final-stage  manufacturers  would  have  avail- 
able means  to  certify  compliance  that  would  not  require 
testing.  NHTSA's  regulations  require  the  manufac- 
turers of  truck  or  van  chassis  used  by  final-stage 
manufacturers  to  provide  information  on  what  limita- 
tions must  be  observed  for  the  completed  vehicle  to 
comply  vnth  safety  standards.  The  final-stage  manufac- 
turer can  base  its  certification  on  the  fact  that  it  stayed 
within  the  limits  set  by  the  incomplete  vehicle  manufac- 
turer. NHTSA  stated  in  the  proposal  that,  since  the 
truck  or  van  chassis  purchased  by  final-stage  manufac- 
turers generally  have  side  doors  and  the  final-stage 
manufacturers  generally  do  not  change  the  side  doors 
or  structure  supporting  the  side  doors,  certification 
with  the  proposed  requirements  could  generally  be 
based  on  staying  within  the  incomplete  vehicle 
manufacturer's  limits.  NHTSA  also  stated  that  if  a 
final-stage  manufacturer  added  a  rear  side  door  and 
did  not  wish  to  certify  compliance  for  that  door,  it  could 
avoid  such  certification  by  not  installing  a  seat  (or  hard- 
ware for  a  seat)  adjacent  to  the  door. 

NHTSA  also  stated  in  that  proposal  that  some  final- 
stage  manufacturers,  including  some  manufacturers  of 
motor  homes,  build  their  own  vehicle  body  structures, 
which  include  side  doors.  NHTSA  further  stated  that 
these  manufacturers  are  generally  larger  than  most 
final-stage  manufacturers  and  have  greater  engineer- 
ing and  testing  expertise.  The  agency  stated  that  it  did 
not  believe  that  the  proposed  requirements  would  be 
unduly  burdensome  to  these  manufacturers. 

NHTSA  tentatively  concluded  that  the  proposed  re- 
quirements would  not  result  in  any  significant  burdens 
to  final-stage  manufacturers.  However,  the  agency  re- 
quested comments  on  the  issue.  NHTSA  stated  that, 
depending  on  the  comments,  the  agency  may  consider 
options  such  as  limiting  application  of  the  standard  to 
vehicles  with  a  GVWR  or  8,500  pounds  or  less  and  an 
unloaded  vehicle  weight  of  5,500  pounds  or  less,  and/or 
excluding  certain  vehicles  such  as  motor  homes. 

NHTSA  received  a  number  of  comments  on  these 
issues.  GM  was  concerned  about  coverage  of  "chopped' 
or  "cut-away"  chassis-cab  incomplete  vehicle  models 
GM  stated  that  cut-away  chassis-cab  models  are  struc 
turally  very  different  from  standard  pickups  or  vans 
According  to  GM,  the  open-rear  design  of  these  vehi 
cles,  which  allows  conversion  into  motor  homes  and 
various  commercial  trucks,  lacks  rear  structure  which 
may  be  needed  to  meet  the  side  door  strength  require- 
ments of  the  standard.  RVIA  was  concerned  about  the 
impact  of  the  proposed  requirements  on  van 
converters. 


PART  571;  S214-PRE  69 


The  National  Truck  Equipment  Association  (NTEA) 
opposed  the  extension  of  the  side  door  strength  require- 
ments to  commercial  or  vocational  trucks  produced  in 
two  or  more  stages  and  which  are  designed  to  carry 
cargo  or  work-related  equipment.  NTEA  acknowl- 
edged that  extension  of  the  side  door  strength  require- 
ments to  LTV's  should  not  pose  a  significant  problem 
for  many  of  the  vehicles  produced  in  the  truck  body 
and  equipment  industry.  NTEA  agreed  with  NHTSA 
that  many  final-stage  manufacturers  should  be  able  to 
pass  through  the  incomplete  vehicle  manufacturer's 
compliance  certification  for  the  requirements.  NTEA 
further  agreed  with  NHTSA  that  most,  if  not  all, 
modifications  performed  by  final-stage  manufacturers 
should  not  affect  compliance  with  the  requirements. 
However,  NTEA  raised  two  possible  areas  of  concern. 
First,  for  incomplete  chassis-cabs,  there  will  be  no  in- 
complete vehicle  manufacturer's  certification  to  pass- 
through.  Second,  since  the  requirements  do  not  cur- 
rently apply  to  LTV's,  companies  in  the  truck  body  and 
equipment  industry  do  not  know  what  limitations  in- 
complete vehicle  manufacturers  will  place  on  completed 
chassis-cabs  to  allow  final-stage  manufacturers  to  pass 
through  the  compliance  certification  for  the  side  door 
strength  requirements  of  Standard  No.  214. 

After  considering  these  comments  and  other  infor- 
mation, NHTSA  has  concluded  that  these  requirements 
do  not  pose  an  unreasonable  burden  for  final-stage 
manufacturers.  NHTSA  below  outlines  ways  that  final- 
stage  manufacturers  may  certify  compliance. 

First,  the  final-stage  manufacturer  could  stay  within 
the  limits  set  by  the  incomplete  vehicle  manufacturer. 
NHTSA's  certification  regulations  require  that  the 
manufacturers  of  truck  chassis  used  by  final-stage 
manufacturers  provide  information  regarding  the  limi- 
tations on  the  center  of  gravity,  weight,  and  other 
attributes  that  must  be  observed  in  completing  the 
vehicle  so  as  not  to  affect  the  vehicle's  compliance  with 
the  safety  standards.  Incomplete  vehicle  manufacturers 
which  produce  chassis-cabs  must  certify  that  their 
vehicles  comply  with  applicable  safety  standards. 
Incomplete  vehicle  manufacturers  which  produce  other 
vehicles  that  are  not  chassis-cabs  (e.g.,  cutaway  chas- 
sis or  stripped  chassis)  are  not  required  under  NHTSA 
regulations  to  certify  that  their  incomplete  vehicles 
comply  with  safety  standards.  However,  such  manufac- 
turers must  provide  subsequent  stage  manufacturers 
with  an  "incomplete  vehicle  document"  that  describes 
the  limits  within  which  the  vehicle  can  be  modified  and 
still  remain  in  compliance  with  safety  standards.  When 
the  final-stage  manufacturer  observes  the  limits  set  by 
the  incomplete  vehicle  manufacturer,  it  simply  states 
that  fact  on  the  certification  label.  Under  those  circum- 
stances, its  certification  of  the  vehicle's  compliance 
with  the  safety  standards  is  based  on  staying  within 
the  limits  set  by  the  incomplete  vehicle  manufacturer. 
Thus,  if  the  final-stage  manufacturer  observes  all  of 


the  limits  specified  by  the  incomplete  vehicle  manufac- 
turer, the  final-stage  manufacturer  does  not  have  to 
conduct  any  testing  or  analysis  to  support  its  certifi- 
cation that  the  vehicle  complies  with  the  safety  stand- 
ards. NHTSA  believes  that  final-stage  manufacturers 
will  be  able  to  pass  through  the  certification  for  a  large 
percentage  of  multi-stage  vehicles.  NTEA  agreed  with 
this  point  in  its  comments.  The  side  doors  and  struc- 
ture supporting  the  side  doors  on  multi-stage  vehicles 
are  generally  not  changed  by  final-stage  manufac- 
turers. New  side  doors  are  rarely  fabricated  for  multi- 
stage vehicles,  except  walk-in  vans  and  motor  homes. 
As  discussed  above,  walk-in  vans  are  excluded  from  the 
side  door  strength  requirements.  Final-stage  manufac- 
turers which  build  their  own  vehicle  body  structures, 
including  some  manufacturers  of  motor  homes,  are 
generally  larger  than  most  final-stage  manufacturers 
and  have  greater  engineering  and  testing  expertise. 
NHTSA  believes  that  any  manufacturer  which  has  the 
resources  and  expertise  to  build  its  own  vehicle  body 
structures  can  easily  add  side  door  beams  to  the  doors 
of  its  vehicles  and  conduct  or  sponsor  any  testing 
needed  for  certification.  If  a  final-stage  manufacturer 
added  a  rear  side  door  and  did  not  wish  to  certify  com- 
pliance for  the  vehicle,  it  could  avoid  this  by  not  install- 
ing a  seat  (or  hardware  for  a  seat)  within  ten  inches 
of  the  door. 

NHTSA  believes  that  van  converters  will  also  be  able 
to  rely  on  prior  certification  of  compliance  with  Stand- 
ard No.  214.  NHTSA  believes  that  the  front  side  doors 
of  vans  will  be  produced  in  compliance  with  the  side 
door  strength  requirements  because  seats  will  be  near 
the  front  side  doors.  NHTSA  acknowledges  that  the 
rear  side  doors  of  some  vans  are  not  required  to  meet 
the  side  door  strength  requirements  because  the  van 
has  an  aisle  of  ten  or  more  inches  between  the  seat  and 
the  door.  In  such  a  case,  the  van  converter  could  rely 
on  the  prior  certification  if  it  limited  installation  of  seats 
to  areas  at  least  ten  inches  from  the  door.  In  addition, 
van  producers  may  respond  to  the  market  demand  for 
vans  with  more  possible  seating  positions  and  produce 
vehicles  with  rear  side  doors  that  meet  the  side  door 
strength  requirements. 

NHTSA  acknowledges  that  final-stage  manufac- 
turers of  some  vehicles  (e.g.,  incomplete  chassis  cabs 
and  cut-away  chassis  without  structure  for  the  side 
doors)  may  not  be  able  to  certify  compliance  with  the 
standard  by  staying  within  the  limits  set  by  incomplete 
vehicle  manufacturers.  However,  NHTSA  does  not  be- 
lieve that  this  will  create  significant  difficulties. 
NHTSA  believes  that  the  final-stage  manufacturer, 
with  advice  and  direction  from  the  incomplete  vehicle 
manufacturer,  can  add  sufficient  structure  to  certify 
such  a  vehicle.  Further,  NHTSA  does  not  believe  that 
each  final-stage  manufacturer  would  have  to  conduct 
its  own  testing  of  such  vehicles.  If  testing  is  necessary, 
final-stage  manufacturers  could  sponsor  testing  by  a 
company  with  testing  expertise.  In  addition,  it  may  not 


PART  571;  S214-PRE  70 


be  necessary  to  test  each  vehicle  type.  In  appropriate 
situations,  a  final-stage  manufacturer  may  be  able  to 
conduct  or  sponsor  engineering  analysis  and/or  com- 
puter simulations  sufficient  to  enable  it  to  certify,  with 
due  care,  that  a  completed  vehicle  complied  with  ap- 
plicable safety  standards,  including  the  side  door 
strength  requirements  of  Standard  No.  214. 

NHTSA  also  notes  that  NTEA  did  not  assert  that 
certification  would  be  difficult  or  impossible  for  any  of 
its  members,  only  that  there  could  be  some  difficulties. 
Without  any  data  to  support  the  request  by  NTEA  for 
exclusions  of  vehicles  produced  by  its  members, 
NHTSA  is  reluctant  to  exclude  those  vehicles  from  the 
safety  standard. 

Leadtime 

NHTSA  stated  in  the  proposal  that  manufacturers 
could  comply  with  the  proposed  requirements  by 
adding  side  door  beams  to  the  side  doors  of  LTV's, 
similar  to  those  used  in  passenger  cars.  Since  manu- 
facturers have  considerable  experience  in  meeting 
Standard  No.  214's  requirements  for  passenger  cars, 
NHTSA  proposed  allowing  a  leadtime  of  two  years  for 
manufacturers  to  design,  tool,  and  test  the  necessary 
modifications.  Specifically,  NHTSA  proposed  an  effec- 
tive date  of  September  1,  1992  for  the  proposed 
requirements. 

The  agency  received  a  number  of  comments  on  the 
leadtime  issue.  Chrysler,  Nissan,  and  Volkswagen  of 
America,  Inc.  supported  the  proposed  leadtime.  GM 
suggested  a  phase-in  starting  September  1,  1993. 
Under  the  suggested  phase-in,  25  percent  of  each 
manufacturer's  vehicles  would  be  required  to  meet  the 
requirements  the  first  year,  40  percent  the  year  begin- 
ning September  1,  1994,  and  all  vehicles  would  be  re- 
quired to  meet  the  requirements  by  September  1,  1995. 
MVMA  and  Ford  also  supported  a  phase-in  starting 
September  1,  1993.  These  commenters  stated  that  a 
phase-in  would  allow  manufacturers  to  make  orderly 
engineering  changes  as  part  of  their  new  product 
development  program  and  to  make  the  best  use  of 
resources.  Ford  asserted  that  earlier  implementation 
of  the  rule  without  a  phase-in  provision  would  place 
undue  hardship  and  cost  on  vehicle  manufacturers. 
NTEA  stated  that,  if  NHTSA  extended  the  side  door 
strength  requirements  to  LTV's  which  are  produced 
in  two  or  more  stages,  multi-stage  manufacturers 
should  be  granted  at  least  six  months  additional  lead- 
time  than  that  provided  to  manufacturers  of  incomplete 
vehicles.  NTEA  asserted  that  a  final-stage  manufac- 
turer does  not  know  what  limitations  may  be  placed 
on  a  chassis  by  an  incomplete  vehicle  manufacturer  for 
pass-through  certification  and  what  modifications  may 
be  necessary  to  meet  the  safety  standard  until  the  new 
chassis  is  introduced  and  the  incomplete  vehicle 
manufacturer's  guidelines  for  completing  the  vehicle 
are  published.  NTEA  pointed  out  that  its  members 
have  no  current  experience  in  this  area. 


After  considering  these  comments  and  other  infor- 
mation, NHTSA  has  decided  to  make  the  new  require- 
ments effective  on  September  1,  1993.  NHTSA  has 
concluded  that  manufacturers  need  this  time  period  to 
equip  all  LTV's  with  side  door  beams  as  standard  equip- 
ment after  the  necessary  design,  tooling,  and  testing. 
In  addition,  final-stage  manufacturers  need  this  much 
time  to  decide  how  to  certify  compliance  with  the 
requirements.  Therefore,  for  good  cause  shown, 
NHTSA  finds  that  it  is  in  the  public  interest  to  have 
an  effective  date  later  than  one  year  after  promulga- 
tion of  this  rule. 

NHTSA  does  not  believe  that  additional  leadtime  or 
a  phase-in  is  necessary.  Door  beam  technology  has  been 
used  with  passenger  cars  since  1973.  Further,  a  few 
LTV's  are  currently  manufactured  with  side  door 
beams.  While  Ford  initially  asserted  that  the  installa- 
tion of  side  door  beams  in  one  of  its  models  would  re- 
quire major  design  changes,  Ford  has  since  developed 
a  beam  design  which  can  be  installed  in  the  door  of  the 
specific  model  without  a  major  design  change. 

Chrysler  and  Mercedes  suggested  that  NHTSA  delay 
extension  of  the  quasi-static  test  of  side  door  strength 
until  the  dynamic  side  impact  test  for  LTV's  is  deve- 
loped. NHTSA  has  decided  to  adopt  the  quasi-static 
test  of  side  door  strength  now,  rather  than  wait  for  the 
dynamic  test  to  be  developed.  NHTSA  believes  that  the 
benefits  of  the  side  door  beam,  which  NHTSA  expects 
manufacturers  to  use  to  comply  with  the  side-door 
strength  requirements,  will  avoid  many  fatalities  and 
serious  injuries.  Thus,  NHTSA  does  not  believe  that 
it  is  appropriate  to  delay  the  implementation  of  the 
quasi-static  performance  requirement  until  the  djmamic 
requirements  are  developed.  In  addition,  NHTSA  an- 
ticipates that  the  quasi-static  and  dynamic  performance 
requirements  for  LTV's  will  be  complementary  as  they 
are  for  passenger  cars. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  S2  is  revised  to  read  as  follows: 

52.  Applicability.  This  standard  applies  to  pas- 
senger cars.  Effective  September  1,  1993,  sections 
S3(a),  S3(e),  S3.1  through  S3.2.3,  and  S4  of  the  stand- 
ard apply  to  multipurpose  passenger  vehicles,  trucks, 
and  buses  with  a  GVWR  of  10,000  pounds  or  less, 
except  for  walk-in  vans. 

2.  A  new  section  2.1  is  added  as  follows: 
S2.1     Definitions. 

"Walk-in  van"  means  a  van  in  which  a  person  can 
enter  the  occupant  compartment  in  an  upright  position. 

3.  S3  is  revised  to  read  as  follows: 

53.  Requirements,  (a)  Except  as  provided  in  sec- 
tion S3(e),  each  vehicle  shall  be  able  to  meet  the  require- 
ments of  either,  at  the  manufacturer's  option,  S3.1  or 
S3.2,  when  any  of  its  side  doors  that  can  be  used  for 
occupant  egress  is  tested  according  to  S4. 


PART  571;  S214-PRE  71 


(b)  When  tested  under  the  conditions  of  S6.  each  pas- 
senger car  manufactured  on  or  after  September  1, 1996 
shall  meet  the  requirements  of  S5.1.  S5.2.  and  S5.3  in 
a  33.5  miles  per  hour  impact  in  which  the  car  is  struck 
on  either  side  by  a  moving  deformable  barrier.  Part 
572,  Subpart  F  test  dummies  are  placed  in  the  front 
and  rear  outboard  seating  positions  on  the  struck  side 
of  the  car.  However,  the  rear  seat  requirements  do  not 
apply  to  passenger  cars  with  a  wheelbase  greater  than 
130  inches,  or  to  passenger  cars  which  have  rear  seat- 
ing areas  that  are  so  small  that  the  Part  572,  Subpart 
F  dummies  cannot  be  accommodated  according  to  the 
positioning  procedure  specified  in  S7. 

(c)  Except  as  provided  in  paragraph  (d)  of  this  sec- 
tion, from  September  1,  1993  to  August  31,  1996,  a 
specified  percentage  of  each  manufacturer's  yearly  pas- 
senger car  production,  as  set  forth  in  S8,  shall,  when 
tested  under  the  conditions  of  S6,  meet  the  require- 
ments of  S5.1,  S5.2,  and  S5.3  in  a  33.5  miles  per  hour 
impact  in  which  the  car  is  struck  on  either  side  by  a 
moving  deformable  barrier.  Part  572,  Subpart  F  test 
dummies  are  placed  in  the  front  and  rear  outboard  seat- 
ing positions  on  the  struck  side  of  the  car.  However, 
the  rear  seat  requirements  do  not  apply  to  passenger 
cars  with  a  wheelbase  greater  than  130  inches,  or  to 
passenger  cars  which  have  rear  seating  areas  that  are 
so  small  that  the  Part  572,  Subpart  F  dummies  cannot 
be  accommodated  according  to  the  positioning  proce- 
dure specified  in  S7. 

(d)  A  manufacturer  may,  at  its  option,  comply  with 
the  requirements  of  this  paragraph  instead  of  para- 
graph (c)  of  this  section.  When  tested  under  the  condi- 
tions of  S6.  each  passenger  car  manufactured  from 
September  1,  1994  to  August  31,  1996  shall  meet  the 
requirements  of  S5.1,  S5.2,  and  S5.3  in  a  33.5  miles 
per  hour  impact  in  which  the  car  is  struck  on  either 
side  by  a  moving  deformable  barrier.  Part  571,  Sub- 
part F  test  dummies  are  placed  in  the  front  and  rear 
outboard  seating  positions  on  the  struck  side  of  the  car. 
However,  the  rear  seat  requirements  do  not  apply  to 
passenger  cars  with  a  wheelbase  greater  than  130 
inches,  or  to  passenger  cars  which  have  rear  seating 
areas  that  are  so  small  that  the  Part  572.  Subpart  F 
dummies  cannot  be  accommodated  according  to  the 
positioning  procedure  specified  in  S7. 


(e)  A  vehicle  need  not  meet  the  requirements  of 
sections  S3.1  or  S3.2  for- 

(1)  any  side  door  located  so  that  no  point  on  a 
ten-inch  horizontal  longitudinal  line  passing  through  and 
bisected  by  the  H-point  of  a  manikin  placed  in  any  seat, 
with  the  seat  adjusted  to  any  position  and  the  seat  back 
adjusted  as  specified  in  section  S6.4,  falls  within  the 
transverse,  horizontal  projection  of  the  door's  opening, 

(2)  any  side  door  located  so  that  no  point  on  a 
ten-inch  horizontal  longitudinal  line  passing  through 
and  bisected  by  the  H-point  of  a  manikin  placed  in  any 
seat  recommended  by  the  manufacturer  for  installation 
in  a  location  for  which  seat  anchorage  hardware  is  pro- 
vided, with  the  seat  adjusted  to  any  position  and  the 
seat  back  adjusted  as  specified  in  section  S6.4,  falls 
within  the  transverse,  horizontal  projection  of  the 
door's  opening, 

(3)  any  side  door  located  so  that  a  portion  of  a  seat, 
with  the  seat  adjusted  to  any  position  and  the  seat  back 
adjusted  as  specified  in  section  S6.4,  falls  within  the 
transverse,  horizontal  protection  of  the  door's  open- 
ing, but  a  longitudinal  vertical  plane  tangent  to  the  out- 
board side  of  the  seat  cushion  is  more  than  10  inches 
from  the  innermost  point  on  the  inside  surface  of  the 
door  at  a  height  between  the  H-point  and  shoulder 
reference  point  (as  shown  in  Figure  1  of  the  Federal 
Motor  Vehicle  Safety  Standard  No  210)  and  longitudi- 
nally between  the  front  edge  of  the  cushion  with  the 
seat  adjusted  to  its  forwardmost  position  and  the  rear 
edge  of  the  cushion  with  the  seat  adjusted  to  its  rear- 
most position. 

(4)  any  side  door  that  is  designed  to  be  easily 
attached  to  or  removed  (e.g.,  using  simple  hand  tools 
such  as  pliers  and/or  a  screw  driver)  from  a  motor 
vehicle  manufactured  for  operation  without  doors. 

4.  S3. 2  is  revised  to  read  as  follows: 

S3.2  With  seats  installed  in  the  vehicle,  and  located 
in  any  horizontal  or  vertical  position  to  which  they  can 
be  adjusted  and  at  any  seat  back  angle  to  which  they 
can  be  adlusted,  each  vehicle  must  be  able  to  meet  the 
requirements  of  S3.2.1  through  S3. 2. 3. 


Issued  on  June  10,  1991. 


56  F.R.  27427 
June  14,  1991 


PART  571;  S214-PRE  72 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  214 

Side  Impact  Protection 

(Docket  No.  88-06;  Notice  13) 
RIN:  2127-AE05 


ACTION:    Final  rule,  corrections. 

SUMMARY:  On  October  30,  1990,  NHTSA  published 
in  the  Federal  Register  a  final  rule  adding  dynamic  test 
procedures  and  performance  requirements  to  Standard 
No.  214  (55  FR  45722).  The  dynamic  test  requirements 
of  Standard  No.  214  are  phased  in  over  a  three-year 
period,  beginning  on  September  1,  1993.  At  the  same 
time,  NHTSA  also  published  final  rules  (1)  establish- 
ing the  specifications  for  the  side  impact  dummy  to  be 
used  in  the  dynamic  crash  test  (55  FR  45757),  (2) 
establishing  the  attributes  of  the  moving  deformable 
barrier  (MDB)  to  be  used  in  the  dynamic  crash  test  (55 
FR  45770),  and  (3)  establishing  the  reporting  and 
recordkeeping  requirements  necessary  for  NHTSA  to 
enforce  the  phase-in  of  the  new  dynamic  test  procedure 
(55  FR  45768).  This  rule  corrects  minor  errors  in  the 
previous  final  rules  and  adds  the  Office  of  Management 
and  Budget  (0MB)  approval  number  assigned  under 
the  Paperwork  Reduction  Act. 

EFFECTIVE  DATE:  The  amendments  made  by  this  rule 
to  the  text  of  the  Code  of  Federal  Regulations  are 
effective  September  17,  1991. 

SUPPLEMENTARY  INFORMATION: 

Background 

NHTSA's  safety  standard  for  side  impact  protection 
is  Federal  Motor  Vehicle  Safety  Standard  No.  214.  On 
October  30,  1990.  NHTSA  published  in  Federal 
Register  a  final  rule  adding  djmamic  test  procedures 
and  the  performance  requirements  to  Standard  No.  214 
(55  FR  45722).  The  dynamic  test  requirements  of 
Standard  No.  214  are  phased  in  over  a  three-year 
period,  beginning  on  September  1,  1993.  At  the  same 
time,  NHTSA  also  published  final  rules  (1)  establish- 
ing the  specifications  for  the  side  impact  dummy  to  be 
used  in  the  dynamic  crash  test  (55  FR  45757),  (2) 
establishing  the  attributes  of  the  moving  deformable 
barrier  to  be  used  in  the  dynamic  crash  test  (55  FR 
45770),  and  (3)  establishing  the  reporting  and  record- 
keeping requirements  necessary  for  NHTSA  to  enforce 
the  phasing-in  of  the  new  dynamic  test  procedure  (55 
FR  45768).  (In  this  notice,  NHTSA  refers  to  the  four 
final  rules  collectively  as  "the  final  side  impact  rules"  or 


"the  final  rules.")  NHTSA  received  four  petitions  for 
reconsideration  of  these  final  rules  from  (1)  the  Motor 
Vehicle  Manufacturers  Association  (MVMA),  (2)  the 
Ford  Motor  Company  (Ford),  (3)  the  Association  of  In- 
ternational Automobile  Manufacturers  (AIAM),  and  (4) 
the  International  Standards  Organization  (ISO). 
NHTSA  will  respond  to  those  petitions  through  a  notice 
that  will  be  published  in  the  Federal  Register  later  this 
year. 

Summary  of  the  Corrections 

NHTSA  has  discovered  a  few  mistakes  in  the  final 
rules  that  require  correction.  NHTSA  is  making  those 
corrections  through  this  notice. 

The  corrections  are  not  substantive.  One  changes  the 
name  of  Standard  No.  214  from  Side  Door  Strength  to 
Side  Impact  Protection  to  reflect  the  recently  adopted 
dynamic  test  procedure.  Another  changes  the  number- 
ing of  the  Figures  in  Standard  No.  214  and  makes 
minor  corrections  in  the  Figure  for  the  MDB  (now 
Figure  2).  Another  makes  minor  changes  in  the  word- 
ing of  49  CFR  §572. 44(c)  to  improve  clarity  and  make 
that  section  consistent  with  the  drawings  of  the  side 
impact  test  dummy  (SID)  that  are  incorporated  by 
reference  in  the  finad  rules.  Another  corrects  a  mistake 
to  make  clear  that  the  records  required  by  49  CFR 
§586.6  must  be  maintained  until  December  31,  1998, 
as  stated  in  preamble  of  the  final  reporting  rule.  The 
regulatory  text  included  with  the  final  reporting  rule 
mistakenly  stated  that  the  records  must  be  maintained 
until  December  31, 1997.  Another  corrects  the  shoe  size 
of  the  side  impact  dummy  used  in  the  compliance  test 
for  Standard  No.  214.  The  final  rule  listed  the  shoe  size 
as  llEE.  The  correct  shoe  size  is  1  IEEE.  Another  cor- 
rection provides  further  clarification  by  listing  the 
track  width  of  the  MDB  in  the  crabbed  configuration. 

The  rule  that  established  reporting  and  recordkeep- 
ing requirements  necessary  for  NHTSA  to  enforce  the 
phase-in  contained  information  collection  requirements, 
as  that  term  is  defined  by  0MB  in  5  CFR  Part  1320. 
NHTSA  requested  the  approval  of  0MB  for  those  in- 
formation collection  requirements  under  the  Paper- 
work Reduction  Act  (44  U.S.C.  3501  et  seq.).  0MB  has 
approved  the  information  collection  requirements  and 
assigned  the  Information  Collection  Requirement  Num- 
ber 2127-0558.  NHTSA  is  amending  the  final  rule 


PART  571;  S214-PRE  73 


to  show  the  Information  Collection  Requirement  Num- 
ber in  the  regulatory  text. 

As  stated  above,  these  amendments  are  effective 
upon  publication  of  this  notice.  These  amendments  are 
merely  technical  corrections  of  the  final  rules  that  were 
published  on  October  30,  1990.  They  impose  no  new 
substantive  requirements.  Therefore,  NHTSA  finds  for 
good  cause  that  notice  and  opportunity  for  comment 
on  these  amendments  are  unnecessary.  Because  of  the 
non-substantive  nature  of  the  amendments,  NHTSA 
also  finds  for  good  cause  that  making  the  rule  effec- 
tive upon  publication  is  in  the  public  interest. 

The  following  corrections  are  made  in  FR  Documents 
90-25391,  90-25392,  90-25393,  and  90-25394,  appear- 
ing on  pages  45722  through  45780  in  the  issue  of 
October  30,  1990: 

1.  On  page  45752,  first  column,  the  heading  is  cor- 
rected to  read  as  follows: 

"§571.214    Side  impact  protection" 

2.  On  page  45753,  first  column,  the  first  sentence 
of  S6.10  is  corrected  to  read:  "The  moving  deforma- 
ble  barrier  conforms  to  the  dimensions  shown  in  Figure 
2  and  specified  in  part  587." 

3.  On  page  45753,  first  and  second  columns,  the  first 
two  sentences  of  S6.12  are  corrected  to  read:  "The  test 
vehicle  (vehicle  A  in  Figure  3)  is  stationary.  The  line 
of  forward  motion  of  the  moving  deformable  barrier 
(vehicle  B  in  Figure  3)  forms  an  angle  of  63  degrees 
with  the  centerline  of  the  test  vehicle." 

4.  On  page  45753,  third  column,  the  second  sentence 
of  S6.13.2  is  corrected  to  read:  "Each  foot  of  the  test 
dummy  is  equipped  with  a  size  llEEE  shoe,  which 
meets  the  configuration  size,  sole,  and  heel  thickness 
specifications  of  MIL-S-13192  (1976)  and  weighs  1.25 
±0.2  pounds." 

5.  On  page  45754,  a  corrected  Figure  2  is  substituted 
for  the  old  Figure  1. 

6.  On  page  45755,  a  corrected  Figure  3  is  substituted 
for  the  old  Figure  2. 

7.  On  page  45756.  first  column,  the  second  sentence 
of  S7. 1.3(a)  is  corrected  to  read:  "The  midsagittal  plane 
of  the  test  dummy  is  vertical  and  parallel  to  the  vehi- 
cle's longitudinal  centerline,  and,  if  possible,  the  same 
distance  from  the  vehicle's  longitudinal  centerline  as 
the  midsagittal  plane  of  a  test  dummy  positioned  in  the 
driver  position  under  S7.1.1." 


§572.44     [AIVIENDED] 

1.  On  page  45767,  second  column,  the  second  sen- 
tence of  §572.44(c)  is  corrected  to  read:  "The  ac- 
celerometer  is  mounted  on  the  rear  wall  of  the 
instrument  cavity  (Drawing  SID-087),  with  its  seismic 
mass  center  located  from  a  point  0.9  inches  upward  and 
0.5  inches  to  the  left  of  the  mounting  bolt  centerline 
and  0.4  to  0.5  inches  rearward  of  the  rear  wall  of  the 
instrument  cavity." 

PART  586     [AIVIENDED] 

The  authority  citation  for  Part  586  continues  to  read 
as  follows: 

Authority:  15  U.S.C.  1392,  1401,  1407,  delegation 
of  authority  at  49  CFR  1.50. 

§586.6     [AMENDED] 

1.  On  page  45770,  second  column,  §586.6  is  cor- 
rected to  read: 

"Each  manufacturer  shall  maintain  records  of  the 
Vehicle  Identification  Number  for  each  passenger  car 
for  which  information  is  reported  under  §586.5(bX2)  un- 
til December  31,  1998. 

(Approved  by  the  Office  of  Management  and  Budget 
under  control  number  2127-0558)." 

PART  587     [AMENDED] 

1.  The  authority  citation  for  Part  587  continues  to 
read  as  follows: 

Authority:  15  U.S.C.  1392.  1401.  1403.  1407;  dele- 
gation of  authority  at  49  CFR  1.50. 

§587.6     [AMENDED] 

2.  On  page  45779,  third  column,  §587.6(c)  is  cor- 
rected to  read:  "In  configuration  2  (with  two  cameras 
and  camera  mounts,  a  light  trap  vane,  and  ballast 
reduced),  the  moving  deformable  barrier,  including  the 
impact  surface,  supporting  structure,  and  carriage, 
weighs  3,015  pounds,  has  a  track  width  of  74  inches 
in  the  crabbed  configuration  when  the  wheels  are 
straight,  and  has  a  wheelbase  of  102  inches." 

Issued  on  September  11,  1991. 


56  47007 
September  17,  1991 


PART  571;  S214-PRE  74 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  214 

Side  Impact  Protection 

(Docket  No.  2-6;  Notice  No.  3) 


51.  Purpose  and  scope. 

(a)  Scope.  This  standard  specifies  performance 
requirements  for  protection  of  occupants  in  side 
impact  crashes. 

(b)  Purpose.  The  purpose  of  this  standard  is  to 
reduce  the  risk  of  serious  and  fatal  injury  to  oc- 
cupants of  passenger  cars  in  side  impact  crashes  by 
specifying  vehicle  crashworthiness  requirements  in 
terms  of  accelerations  measured  on  anthropomor- 
phic dummies  in  test  crashes,  by  specifying  strength 
requirements  for  side  doors,  and  by  other  means. 

52.  lAppllcability.  This  standard  applies  to 
passenger  cars.  Effective  Septetber  1,  1993,  sec- 
tions S3(a),  S3(e),  S3.1  through  S3.2.3,  and  S4  of 
the  standard  apply  to  multipurpose  passenger 
vehicles,  trucks,  and  buses  with  a  GVWR  of  10,000 
pounds  or  less,  except  for  walk-in  vans.  (56  F.R. 
27427-June  14,  1991.  Effective:  September  1,  1993)] 

IS2.1     Definitions. 

"Walk-in  van"  means  a  van  in  which  a  person 
can  enter  the  occupant  compartment  in  an  upright 
position.  (56  F.R.  27427— June  14,  1991.  Effective: 
September  1,  1993)1 

53.  Requirements. 

(a)  lExcept  as  provided  in  section  S3(e),  each 
vehicle  shall  be  able  to  meet  the  requirements  of 
either,  at  the  manufacturer's  option,  S3.1  or  S3. 2, 
when  any  of  its  side  doors  that  can  be  used  for  occu- 
pant egress  are  tested  according  to  S4.  (56  F.R. 
27427— June  14,  1991.  Effective:  September  1,  1993)1 

(b)  When  tested  under  the  conditions  of  S6,  each 
passenger  car  manufactured  on  or  after  Septem- 
ber 1,  1996  shall  meet  the  requirements  of  S5.1, 
S5.2,  and  S5.3  in  a  33.5  miles  per  hour  impact  in 
which  the  car  is  struck  on  either  side  by  a  moving 
deformable  barrier.  Part  572,  Subpart  F  test  dum- 
mies are  placed  in  the  front  and  rear  outboard 
seating  positions  on  the  struck  side  of  the  car. 
However,  the  rear  seat  requirements  do  not  apply 
to  passenger  cars  with  a  wheelbase  greater  than 
130  inches,  or  to  passenger  cars  which  have  rear 


seating  areas  that  are  so  small  that  the  Part  572, 
Subpart  F  dummies  cannot  be  accommodated  ac- 
cording to  the  positioning  procedure  specified  in  S7. 

(c)  Except  as  provided  in  paragraph  (d)  of  this 
section,  from  September  1,  1993  to  August  31, 
1996,  a  specified  percentage  of  each  manufac- 
turer's yearly  passenger  car  production,  as  set 
forth  in  S8,  shall,  when  tested  under  the  conditions 
of  S6,  meet  the  requirements  of  S5.1,  S5.2,  and 
S5.3  in  a  33.5  miles  per  hour  impact  in  which  the 
car  is  struck  on  either  side  by  a  moving  deformable 
barrier.  Part  572,  Subpart  F  test  dummies  are 
placed  in  the  front  and  rear  outboard  seating  posi- 
tions on  the  struck  side  of  the  car.  However,  the 
rear  seat  requirements  do  not  apply  to  passenger 
cars  with  a  wheelbase  greater  than  130  inches,  or 
to  passenger  cars  which  have  rear  seating  areas 
that  are  so  small  that  the  Part  572,  Subpart  F  dum- 
mies cannot  be  accommodated  according  to  the 
positioning  procedure  specified  in  S7. 

(d)  A  manufacturer  may,  at  its  option,  comply 
with  the  requirements  of  this  paragraph  instead  of 
paragraph  (c)  of  this  section.  When  tested  under 
the  conditions  of  S6,  each  passenger  car  manufac- 
tured from  September  1,  1994  to  August  31,  1996 
shall  meet  the  requirements  of  S5.1,  S5.2,  and  S5.3 
in  a  33.5  miles  per  hour  impact  in  which  the  car  is 
struck  on  either  side  by  a  moving  deformable  bar- 
rier. Part  572,  Subpart  F  test  dummies  are  placed 
in  the  front  and  rear  outboard  seating  positions  on 
the  struck  side  of  the  car.  However,  the  rear  seat 
requirements  do  not  apply  to  passenger  cars  with  a 
wheelbase  greater  than  130  inches,  or  to  passenger 
cars  which  have  rear  seating  areas  that  are  so 
small  that  the  Part  572,  Subpart  F  dummies  can- 
not be  accommodated  according  to  the  positioning 
procedure  specified  in  S7. 

((e)  A  vehicle  need  not  meet  the  requirements  of 
sections  S3.1  or  S3.2  for- 

(1)  any  side  door  located  so  that  no  point  on  a 
ten-inch  horizontal  longitudial  line  passing 
through  and  bisected  by  the  H-point  of  a  manikin 
placed  in  any  seat,  with  the  seat  adjusted  to  any 
position  and  the  seat  back  adjusted  as  specified 


PART  571;  S  214-1 


in   section   S6.4,   falls   within   the   transverse, 
horizontal  projection  of  the  door's  opening, 

(2)  any  side  door  located  so  that  no  point  on  a 
ten-inch  horizontal  longitudinal  line  passing 
through  and  bisected  by  the  H-point  of  a  manikin 
placed  in  any  seat  recommended  by  the  manufac- 
turer for  installation  in  a  location  for  which  seat 
anchorage  hardware  is  provided,  with  the  seat 
adjusted  to  any  position  and  the  seat  back  ad- 
justed as  specified  in  section  S6.4,  falls  within 
the  transverse,  horizontal  projection  of  the 
door's  opening, 

(3)  any  side  door  located  so  that  a  portion  of  a 
seat,  with  the  seat  adjusted  to  any  position  and 
the  seat  back  adjusted  as  specified  in  section 
S6.4,  falls  within  the  transverse,  horizontal  pro- 
tection of  the  door's  opening,  but  a  longitudinal 
vertical  plane  tangent  to  the  outboard  side  of  the 
seat  cushion  is  more  than  10  inches  from  the  in- 
nermost point  on  the  inside  surface  of  the  door  at 
a  height  between  the  H-point  and  shoulder  refer- 
ence point  (as  shown  in  Figure  1  of  the  Federal 
Motor  Vehicle  Safety  Standard  No.  210)  and 
longitudinally  between  the  front  edge  of  the 
cushion  with  the  seat  adjusted  to  its  forward- 
most  position  and  the  rear  edge  of  the  cushion 
with  the  seat  adjusted  to  its  rearmost  position. 

(4)  any  side  door  that  is  designed  to  be  easily 
attached  to  or  removed  (e.g.,  using  simple  hand 
tools  such  as  pliers  and/or  a  screw  driver)  from  a 
motor  vehicle  manufactured  for  operation  with- 
out doors.  (56  F.R.  27427— June  14,  1991.  Effec- 
tive: September  1,  1993)1 

53.1  With  any  seats  that  may  affect  load  upon 
or  deflection  of  the  side  of  the  vehicle  removed 
from  the  vehicle,  each  vehicle  must  be  able  to  meet 
the  requirements  of  S3. 1.1  through  S3. 1.3. 

53.1 .1  Initial  Crush  Resistance.  The  initial  crush 
resistance  shall  be  not  less  than  2,250  pounds. 

53.1.2  Intermediate    Crush    Resistance.     The 

intermediate  crush  resistance  shall  not  be  less  than 
3,500  pounds. 

53.1.3  Peak  crush  resistance.  The  peak  crush 
resistance  shall  not  be  less  than  two  times  the  curb 
weight  of  the  vehicle  or  7,000  pounds,  whichever  is 
less. 

53.2  With  seats  installed  in  the  vehicle,  and 
located  in  any  horizontal  or  vertical  position  to 
which  they  can  be  adjusted  and  at  any  seat  back 
angle  to  which  they  can  be  adjusted,  each  vehicle 
must  be  able  to  meet  the  requirements  of  S3. 2.1 
through  IS3.2.31.  (56  F.R.  27427-June  14,  1991. 
Effective:  September  1,  1993) 


53.2.1  Initial  crush  resistance.  The  initial  crush 
resistance  shall  not  be  less  than  2,250  pounds. 

53.2.2  Intermediate    crush    resistance.    The 

intermediate  crush  resistance  shall  not  be  less  than 
4,375  pounds. 

53.2.3  Peak  crush  resistance.  The  peak  crush 
resistance  shall  not  be  less  than  three  and  one  half 
times  the  curb  weight  of  the  vehicle  or  12,000 
pounds,  whichever  is  less. 

S4.  Test  procedures.  The  following  procedures 
apply  to  determining  compliance  with  section  S3: 

(a)  Place  side  windows  in  their  uppermost  posi- 
tion and  all  doors  in  locked  position.  Place  the  sill 
of  the  side  of  the  vehicle  opposite  to  the  side  being 
tested  against  a  rigid  unyielding  vertical  surface. 
Fix  the  vehicle  rigidly  in  position  by  means  of 
tiedown  attachments  located  at  or  forward  of  the 
front  wheel  centerline  and  at  or  rearward  of  the 
rear  wheel  centerline. 

(b)  Prepare  a  loading  device  consisting  of  a  rigid 
steel  cylinder  or  semi-cylinder  12  inches  in 
diameter  with  an  edge  radius  of  one-half  inch.  The 
length  of  the  loading  device  shall  be  such  that  the 
top  surface  of  the  loading  device  is  at  least  one-half 
inch  above  the  bottom  edge  of  the  door  window 
opening  but  not  of  a  length  that  will  cause  contact 
with  any  structure  above  the  bottom  edge  of  the 
door  window  opening  during  the  test. 

(c)  Locate  the  loading  device  as  shown  in 
Figure  1  (side  view)  of  this  section  so  that: 

(1)  Its  longitudinal  axis  is  vertical; 

(2)  Its  longitudinal  axis  is  laterally  opposite 
the  midpoint  of  a  horizontal  line  drawn  across 
the  outer  surface  of  the  door  5  inches  above  the 
lowest  point  of  the  door; 


HORIZONTAL  LINE 
5  INCHES  ABOVE  Th 
LOWEST  POINT  OF 
THE  DOOn 


LOADING  STRUCTURES  ABOVE  THE 

DEVICE—]  BOTTOM  EDGE  OE  THE  DOOR 

NDOW  OPENING 


TTOM  EDGE 
OOR  WINDOW 
OPENING 


LOADING  DEVICE  LOCATION  AND  APPLICATION  TO  THE  DOOR 
FIGURE  1 


(Rev.  6/14/91) 


PART  571;  S  214-2 


(3)  Its  bottom  surface  is  in  the  same  horizontal 
plane  as  the  horizontal  line  described  in  subdivi- 
sion (2)  of  this  subparagraph;  and 

(4)  The  cylindrical  face  of  the  device  is  in 
contact  with  the  outer  surface  of  the  door. 

(d)  Using  the  loading  device,  apply  a  load  to  the 
outer  surface  of  the  door  in  an  inboard  direction 
normal  to  a  vertical  plane  along  the  vehicle's 
longitudinal  centerline.  Apply  the  load  continuously 
such  that  the  loading  device  travel  rate  does  not 
exceed  one-half  inch  per  second  until  the  loading 
device  travels  18  inches.  Guide  the  loading  device 
to  prevent  it  from  being  rotated  or  displaced  from 
its  direction  of  travel.  The  test  must  be  completed 
within  120  seconds. 

(e)  Record  applied  load  versus  displacement  of 
the  loading  device,  either  continuously  or  in  in- 
crements of  not  more  than  1  inch  or  200  pounds  for 
the  entire  crush  distance  of  18  inches. 

(f)  Determine  the  initial  crush  resistance, 
intermediate  crush  resistance,  and  peak  crush 
resistance  as  follows: 

(1)  From  the  results  recorded  in  subparagraph 
(e)  of  this  paragraph,  plot  a  curve  of  load  versus 
displacement  and  obtain  the  integral  of  the 
applied  load  with  respect  to  the  crush  distances 
specified  in  subdivisions  (2)  and  (3)  of  this 
paragraph.  These  quantities,  expressed  in  inch- 
pounds  and  divided  by  the  specified  crush  dis- 
tances, represent  the  average  forces  in  pounds 
required  to  deflect  the  door  those  distances. 

(2)  The  initial  crush  resistance  is  the  average 
force  required  to  deform  the  door  over  the  initial 
6  inches  of  crush. 

(3)  The  intermediate  crush  resistance  is  the 
average  force  required  to  deform  the  door  over 
the  initial  12  inches  of  crush. 

(4)  The  peak  crush  resistance  is  the  largest 
force  recorded  over  the  entire  18-inch  crush 
distance. 

[S5.     Dynamic  performance  requirements. 

S5.1  Thorax.  The  Thoracic  Trauma  Index 
(TTI(d))  shall  not  exceed  85  g  for  passenger  cars 
with  four  side  doors,  and  shall  not  exceed  90  g  for 
passenger  cars  with  two  side  doors,  when  calcu- 
lated in  accordance  with  the  following  formula: 
TTI(d)  =  V2  (Gr  +  Gls) 

The  term  "Gr"  is  the  greater  of  the  peak  accelera- 
tions of  either  the  upper  or  lower  rib,  expressed  in 
g's  and  the  term  "Gls"  i^  the  lower  spine  (T12) 
peak  acceleration,  expressed  in  g's.  The  peak  ac- 
celeration values  are  obtained  in  accordance  with 
the  procedure  specified  in  S6.13.5. 


55.2  Pelvis.  The  peak  lateral  acceleration  of 
the  pelvis,  as  measured  in  accordance  with  S6.13.5, 
shall  not  exceed  130  g's. 

55.3  Door  opening. 

55.3.1  Any  side  door,  which  is  struck  by  the 
moving  deformable  barrier,  shall  not  separate 
totally  from  the  car. 

55.3.2  Any  door  (including  a  rear  hatchback  or 
tailgate),  which  is  not  struck  by  the  moving  deform- 
able barrier,  shall  meet  the  following  requirements: 

55.3.2.1  The  door  shall  not  disengage  from  the 
latched  position; 

55.3.2.2  The  latch  shall  not  separate  from  the 
striker,  and  the  hinge  components  shall  not 
separate  from  each  other  or  from  their  attachment 
to  the  vehicle. 

55.3.2.3  Neither  the  latch  nor  the  hinge  systems 
of  the  door  shall  pull  out  of  their  anchorages.  (55 
F.R.  45722— October  30,  1990.  Effective:  November 
29,  1990)1 

[S6.    Test  conditions. 

56.1  Test  weight.  Each  passenger  car  is 
loaded  to  its  unloaded  vehicle  weight,  plus  its  rated 
cargo  and  luggage  capacity,  secured  in  the  luggage 
area,  plus  the  weight  of  the  necessary  anthropo- 
morphic test  dummies.  Any  added  test  equipment 
is  located  away  from  impact  areas  in  secure  places 
in  the  vehicle.  The  car's  fuel  system  is  filled  in  ac- 
cordance with  the  following  procedure.  With  the 
test  vehicle  on  a  level  surface,  pump  the  fuel  from 
the  vehicle's  fuel  tank  and  then  operate  the  engine 
until  it  stops.  Then,  add  Stoddard  solvent  to  the 
test  vehicle's  fuel  tank  in  an  amount  which  is  equal 
to  not  less  than  92  percent  and  not  more  than  94 
percent  of  the  fuel  tank's  usable  capacity  stated  by 
the  vehicle's  manufacturer.  In  addition,  add  the 
amount  of  Stoddard  solvent  needed  to  fill  the  en- 
tire fuel  system  from  the  fuel  tank  through  the 
engine's  induction  system. 

56.2  Vehicle  test  attitude.  Determine  the 
distance  between  a  level  surface  and  a  standard 
reference  point  on  the  test  vehicle's  body,  directly 
above  each  wheel  opening,  when  the  vehicle  is  in 
its  "as  dehvered"  condition.  The  "as  delivered" 
condition  is  the  vehicle  as  received  at  the  test  site, 
filled  to  100  percent  of  all  fluid  capacities  and  with 
all  tires  inflated  to  the  manufacturer's  specifica- 
tions listed  on  the  vehicle's  tire  placard.  Determine 
the  distance  between  the  same  level  surface  and 
the  same  standard  reference  points  in  the  vehicle's 
"fully  loaded  condition."  The  "fully  loaded  condi- 
tion" is  the  test  vehicle  loaded  in  accordance  with 


(Rev.  10/30/90) 


PART  571;  S  214-3 


S6.1.  The  load  placed  in  the  cargo  area  is  centered 
over  the  longitudinal  centerline  of  the  vehicle.  The 
pretest  vehicle  attitude  is  equal  to  either  the  as 
delivered  or  fully  loaded  attitude  or  between  the  as 
delivered  attitude  and  the  fully  loaded  attitude. 

56.3  Adjustable  seats.  Adjustable  seats  are 
placed  in  the  adjustment  position  midway  between 
the  forwardmost  and  rearmost  positions,  and  if 
separately  adjustable  in  a  vertical  direction,  are  at 
the  lowest  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. 

56.4  Adjustable  seat  back  placement.  Place 
adjustable  seat  backs  in  the  manufacturer's  nomi- 
nal design  riding  position  in  the  manner  specified 
by  the  manufacturer.  If  the  position  is  not  speci- 
fied, set  the  seat  back  at  the  first  detent  rearward 
of  25°  from  the  vertical.  Place  each  adjustable 
head  restraint  in  its  highest  adjustment  position. 
Position  adjustable  lumbar  supports  so  that  they 
are  set  in  their  released,  i.e.,  full  back  position. 

56.5  Adjustable  steering  wheels.  Adjustable 
steering  controls  are  adjusted  so  that  the  steering 
wheel  hub  is  at  the  geometric  center  of  the  locus  it 
describes  when  it  is  moved  through  its  full  range  of 
driving  positions. 

56.6  Windows.  Movable  vehicle  windows  and 
vents  are  placed  in  the  fully  closed  position  on  the 
struckside  of  the  vehicle. 

56.7  Convertible  tops.  Convertibles  and  open- 
body  type  vehicles  have  the  top,  if  any,  in  place  in 
the  closed  passenger  compartment  configuration. 

56.8  Doors.  Doors,  including  any  rear  hatch- 
back or  tailgate,  are  fully  closed  and  latched  but 
not  locked. 

56.9  Transmission  and  brake  engagement.    For 

a  vehicle  equipped  with  a  manual  transmission,  the 
transmission  is  placed  in  second  gear.  For  a  vehicle 
equipped  with  an  automatic  transmission,  the 
transmission  is  placed  in  neutral.  For  all  vehicles, 
the  parking  brake  is  > 


56.10  Moving  deformable  barrier.  The  moving 
deformable  barrier  conforms  to  the  dimensions 
shown  in  Figure  2  and  specified  in  Part  587. 

56.11  Impact  reference  line.  For  vehicles  with 
a  wheelbase  of  114  inches  or  less,  on  the  side  of  the 
vehicle  that  will  be  struck  by  the  moving  deform- 
able barrier,  place  a  vertical  reference  line  which  is 
37  inches  forward  of  the  center  of  the  vehicle's 
wheelbase.  For  vehicles  with  a  wheelbase  greater 


than  114  inches,  on  the  side  of  the  vehicle  that  will 
be  struck  by  the  moving  deformable  barrier,  place 
a  vertical  reference  line  which  is  20  inches  rear- 
ward of  the  centerline  of  the  vehicle's  front  axle. 

56.12  Impact  configuration.  The  test  vehicle 
(vehicle  A  in  Figure  3)  is  stationary.  The  line  of  for- 
ward motion  of  the  moving  deformable  barrier 
(vehicle  B  in  Figure  3)  forms  an  angle  of  63  degrees 
with  the  centerline  of  the  test  vehicle.  The  longi- 
tudinal centerline  of  the  moving  deformable  bar- 
rier is  perpendicular  to  the  longitudinal  centerline 
of  the  test  vehicle  when  the  barrier  strikes  the  test 
vehicle.  In  a  test  in  which  the  test  vehicle  is  to  be 
struck  on  its  left  (right)  side:  all  wheels  of  the  mov- 
ing deformable  barrier  are  positioned  at  an  angle 
of  27  ±1  degrees  to  the  right  (left)  of  the  centerline 
of  the  moving  deformable  barrier;  and  the  left 
(right)  forward  edge  of  the  moving  deformable  bar- 
rier is  aligned  so  that  a  longitudinal  plane  tangent 
to  that  side  passes  through  the  impact  reference 
line  within  a  tolerance  of  ±  2  inches  when  the  bar- 
rier strikes  the  test  vehicle. 

56.13  Anthropomorphic  test  dummies. 

56.13.1  The  anthropomorphic  test  dummies 
used  for  evaluation  of  a  vehicle's  side  impact  pro- 
tection conform  to  the  requirements  of  Subpart  F 
of  Part  572  of  this  Chapter.  In  a  test  in  which  the 
test  vehicle  is  to  be  struck  on  its  left  side,  each  dum- 
my is  to  be  configured  and  instrumented  to  be 
struck  on  its  left  side,  in  accordance  with  Subpart  F 
of  Part  572.  In  a  test  in  which  the  test  vehicle  is  to 
be  struck  on  its  right  side,  each  dummy  is  to  be  con- 
figured and  instrumented  to  be  struck  on  its  right 
side,  in  accordance  with  Subpart  F  of  Part  572. 

56.13.2  Each  Part  572,  Subpart  F  test  dummy 
specified  is  clothed  in  formfitting  cotton  stretch 
garments  with  short  sleeves  and  midcalf  length 
pants.  Each  foot  of  the  test  dummy  is  equipped 
with  a  size  llEEE  shoe  which  meets  the  configura- 
tion size,  sole,  and  heel  thickness  specifications  of 
MIL-S-13192  (1976)  and  weighs  1.25  ±0.2  pounds. 

56.13.3  Limb  joints  are  set  at  between  1  and 
2  g's.  Leg  joints  are  adjusted  with  the  torso  in  the 
supine  position. 

56.13.4  The  stabilized  temperature  of  the  test 
dummy  at  the  time  of  the  side  impact  test  shall  be 
at  any  temperature  between  66  degrees  F.  and  78 
degrees  F. 

56.13.5  The  acceleration  data  from  the  ac- 
celerometers  mounted  on  the  ribs,  spine  and  pelvis 
of  the  test  dummy  are  processed  with  the  FIRIOO 
software  specified  in  49  CFR  Part  572.  The  data 
are  processed  in  the  following  manner. 


(Rev.  10/30/90) 


PART  571;  S  214-4 


u. 


REMOVABLE  REMOVABLE 

BALLAST  BALLAST 

aATES  PUTES 

REMOVABLE  STRUCTURAL  / 

a    REINFORCING  PLATES  (4)    pi        /  ^^ 


5BE3Cmi 


s 


p 


-OVERALL  LENGTH  =  162  ■ 


0  032  ALUM   BACK  PLATI 
26  ksi  5052-H34 


NHTSA  VEHICLE  CONnGURADON  -  MOVING  BARRIER  SIDE  IMPACTOR  CONCEPT 
{4-WHEELED  VEHICLE  SIMULATOR) 


ONE  PIECE  ALUM.  HONEYCOMB  BLOCK 
45  psi  CRUSH  (+  or  -  2.5  psi) 


032  ALUM.  FACE 
DO  NOT  BOND         26  ksi  5052-H34 
THIS  SURFACE 
ONLY 


NHTSA  BARRIER  FACE 


ALUM.  HONEYCOMB  BUMPER 
245  psi  CRUSH  STRENGTH 


/    (f/-  15  psi)i  I 


HONEYCOMB 


y/////////A'^^y///777^. 


li 


GROUND 

I  (FRONT  VIEW) 

1/8  ALUM  FACES  ALL  DIMENSIONS  IN  INCHES 

50  ks  2024-T3 


SEC.  A-A 


NHTSA  Side  Impactor— Moving  Deformable  Barrier 
FIGURE  2 

PART  571;  S  214-5 


Impact  Point 


Direction  of  —JUj 
Travel  @  ^^^^' 
33.5  mph 


Vehicle  A 


Vehicle  B 


Test  Configuration 
FIGURE  3 

PART  571;  S  214-6 


56.1 3.5.1  Filter  the  data  with  a  300  Hz,  SAE 
Class  180  filter; 

56.1 3.5.2  Subsample  the  data  to  a  1600  Hz 
sampling  rate; 

56.1 3.5.3  Remove  the  bias  from  subsampled 
data,  and 

56.1 3.5.4  Filter  the  data  with  the  FIRIOO  soft- 
ware specified  in  49  CFR  Part  572,  which  has  the 
following  characteristics— 

56.1 3.5.4.1  Passband  frequency  100  Hz. 

56.1 3.5.4.2  Stopband  frequency  189  Hz. 

56.1 3.5.4.3  Stopband  gain  -  50  db. 

56.1 3.5.4.4  Passband  ripple  0.0225  db. 

(55  F.R.  45722-October  30,  1990.  Effective:  Novem- 
ber 29,  1990)1 

[S7.  Positioning  procedure  for  the  Part  572  Sub- 
part F  Test  Dummy.  Position  a  correctly  configured 
test  dummy,  conforming  to  Subpart  F  of  Part  572 
of  this  Chapter,  in  the  front  outboard  seating  posi- 
tion on  the  side  of  the  test  vehicle  to  be  struck  by 
the  moving  deformable  barrier  and  position  an- 
other conforming  test  dummy  in  the  rear  outboard 
position  on  the  same  side  of  the  vehicle,  as  specified 
in  S7.1  through  S7.4.  Each  test  dummy  is 
restrained  using  all  available  belt  systems  in  all 
seating  positions  where  such  belt  restraints  are  pro- 
vided. In  addition,  any  folding  armrest  is  retracted. 

S7.1     Torso. 

57.1.1  For  a  test  dummy  in  the  driver  position. 

(a)  For  a  bench  seat.  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagit- 
tal  plane  of  the  test  dummy  is  vertical  and  parallel 
to  the  vehicle's  longitudinal  centerline,  and  passes 
through  the  center  of  the  steering  wheel. 

(b)  For  a  bucket  seat.  The  upper  torso  of  the 
test  dummy  rests  against  the  seat  back.  The  mid- 
sagittal  plane  of  the  test  dummy  is  vertical  and 
parallel  to  the  vehicle's  longitudinal  centerline,  and 
coincides  with  the  longitudinal  centerline  of  the 
bucket  seat. 

57.1.2  For  a  test  dummy  in  the  front  outboard 
passenger  position. 

(a)  For  a  bench  seat.  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagittal 
plane  of  the  test  dummy  is  vertical  and  parallel  to 
the  vehicle's  longitudinal  centerline,  and  the  same 
distance  from  the  vehicle's  longitudinal  centerline 
as  would  be  the  midsagittal  plane  of  a  test  dummy 
positioned  in  the  driver  position  under  87. 1.1. 


(b)  For  a  bucket  seat.  The  upper  torso  of  the 
test  dummy  rests  against  the  seat  back.  The  mid- 
sagittal plane  of  the  test  dummy  is  vertical  and 
parallel  to  the  vehicle's  longitudinal  centerline,  and 
coincides  with  the  longitudinal  centerline  of  the 
bucket  seat. 

S7.1 .3  For  a  test  dummy  in  either  of  the  rear  out- 
board passenger  positions. 

(a)  For  a  bench  seat.  The  upper  torso  of  the  test 
dummy  rests  against  the  seat  back.  The  midsagit- 
tal plane  of  the  test  dummy  is  vertical  and  parallel 
to  the  vehicle's  longitudinal  centerline,  and,  if 
possible,  the  same  distance  from  the  vehicle's 
longitudinal  centerline  as  the  midsagittal  plane  of  a 
test  dummy  positioned  in  the  driver  position  under 
S7.1.1.  If  it  is  not  possible  to  position  the  test 
dummy  so  that  its  midsagittal  plane  is  parallel  to 
the  vehicle  longitudinal  centerline  and  is  at  this 
distance  from  the  vehicle's  longtitudinal  center- 
line,  the  test  dummy  is  positioned  so  that  some  por- 
tion of  the  test  dummy  just  touches,  at  or  above  the 
seat  level,  the  side  surface  of  the  vehicle,  such  as 
the  upper  quarter  panel,  an  armrest,  or  any  in- 
terior trim  (i.e.,  either  the  broad  trim  panel  surface 
or  a  smaller,  localized  trim  feature). 

(b)  For  a  bucket  or  contoured  seat.  The  upper 
torso  of  the  test  dummy  rests  against  the  seat 
back.  The  midsagittal  plane  of  the  test  dummy  is 
vertical  and  parallel  to  the  vehicle's  longitudinal 
centerline,  and  coincides  with  the  longitudinal 
centerline  of  the  bucket  or  contoured  seat. 

S7.2     Pelvis. 

57.2.1  H-Point.  The  H-points  of  each  test 
dummy  coincide  within  V2  inch  in  the  vertical 
dimension  and  V2  inch  in  the  horizontal  dimension 
of  a  point  V4  inch  below  the  position  of  the  H-point 
determined  by  using  the  equipment  for  the  50th 
percentile  and  procedures  specified  in  SAE  J826 
(Apr.  80),  except  that  Table  1  of  the  SAE  J826  is 
not  applicable.  The  length  of  the  lower  leg  and 
thigh  segments  of  the  H-point  machine  are  ad- 
justed to  16.3  and  15.8  inches,  respectively. 

57.2.2  Pelvic  angle.  As  determined  using  the 
pelvic  angle  gauge  (GM  drawing  78051-532  incor- 
porated by  reference  in  Part  572,  Subpart  E  of  this 
Chapter)  which  is  inserted  into  the  H-point  gaug- 
ing hole  of  the  dummy,  the  angle  of  the  plane  of  the 
surface  on  the  lumbar-pelvic  adaptor  on  which  the 
lumbar  spine  attaches  is  23  to  25  degrees  from  the 
horizontal,  sloping  upward  toward  the  front  of  the 
vehicle. 


PART  571;  S  214-7 


57.3  Legs. 

57.3.1  For  a  test  dummy  in  the  driver  position. 

The  upper  legs  of  each  test  dummy  rest  against  the 
seat  cushion  to  the  extent  permitted  by  placement 
of  the  feet.  The  left  knee  of  the  dummy  is  posi- 
tioned such  that  the  distance  from  the  outer  sur- 
face of  the  knee  pivot  bolt  to  the  dummy's  mid- 
sagittal  plane  is  six  inches.  To  the  extent 
practicable,  the  left  leg  of  the  test  dummy  is  in  a 
vertical  longitudinal  plan. 

57.3.2  For  a  test  dummy  in  the  outboard 
passenger  positions.  The  upper  legs  of  each  test 
dummy  rest  against  the  seat  cushion  to  the  extent 
permitted  by  placement  of  the  feet.  The  initial 
distance  between  the  outboard  knee  clevis  flange 
surfaces  is  11.5  inches.  To  the  extent  practicable, 
both  legs  of  the  test  dummies  in  outboard 
passenger  positions  are  in  vertical  longitudinal 
planes.  Final  adjustment  to  accommodate  place- 
ment of  feet  in  accordance  with  S7.4  for  var- 
ious passenger  compartment  configurations  is 
permitted. 

57.4  Feet. 

57.4.1  For  a  test  dummy  in  the  driver  position. 

The  right  foot  of  the  test  dummy  rests  on  the 
undepressed  accelerator  with  the  heel  resting  as 
far  forward  as  possible  on  the  floorpan.  The  left 
foot  is  set  perpendicular  to  the  lower  leg  with  the 
heel  resting  on  the  floorpan  in  the  same  lateral  line 
as  the  right  heel. 

57.4.2  For  a  test  dummy  in  the  front  outboard 
passenger  position.  The  feet  of  the  test  dummy 
are  placed  on  the  vehicle's  toeboard  with  the  heels 
resting  on  the  floorpan  as  close  as  possible  to  the 
intersection  of  the  toeboard  and  floorpan;  If  the 
feet  cannot  be  placed  flat  on  the  toeboard,  they  are 
set  perpendicular  to  the  lower  legs  and  placed  as 
far  forward  as  possible  so  that  the  heels  rest  on  the 
floorpan. 


S7.4.3  For  a  test  dummy  in  either  of  the  rear  out- 
board passenger  positions.  The  feet  of  the  test 
dummy  are  placed  flat  on  the  floorpan  and  beneath 
the  front  seat  as  far  as  possible  without  front  seat 
interference.  If  necessary,  the  distance  between 
the  knees  can  be  changed  in  order  to  place  the  feet 
beneath  the  seat.  (55  F.R.  45722— October  30,  1990. 
Effective:  November  29,  1990)1 

[S8.  Phase-in  of  dynamic  test  and  performance 
requirements. 


58.1  Passenger  cars  manufactured  on  or  after 
September  1,  1993  and  before  September  1,  1994. 

S8.1.1  The  number  of  passenger  cars  comply- 
ing with  the  requirements  of  S3(c)  shall  be  not  less 
than  10  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1990, 
and  before  September  1,  1993,  by  each  manufac- 
turer, or 

(b)  The  manufacturer's  annual  production  of 
passenger  cars  during  the  period  specified  in  S8.1. 

58.2  Passenger  cars  manufactured  on  or  after 
September  1,  1994  and  before  September  1, 1995. 

S8.2.1  The  number  of  passenger  cars  comply- 
ing with  the  requirements  of  S3(c)  shall  be  not  less 
than  25  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1991, 
and  before  September  1,  1994,  by  each  manufac- 
turer, or 

(b)  The  manufacturer's  annual  production  of 
passenger  cars  during  the  period  specified  in  S8.2. 

58.3  Passenger  cars  manufactured  on  or  after 
September  1, 1995  and  before  September  1, 1996. 

S8.3.1  The  number  of  passenger  cars  comply- 
ing with  the  requirements  of  S3(c)  shall  be  not  less 
than  40  percent  of: 

(a)  The  average  annual  production  of  passenger 
cars  manufactured  on  or  after  September  1,  1992, 
and  before  September  1,  1995,  by  each  manufac- 
turer, or 

(b)  The  manufacturer's  annual  production  of 
passenger  cars  during  the  period  specified  in  S8.3. 

58.4  Passenger  cars  produced  by  more  than  one 
manufacturer. 

S8.4.1  For  the  purposes  of  calculating  average 
annual  production  of  passenger  cars  for  each 
manufacturer  and  the  number  of  passenger  cars 
manufactured  by  each  manufacturer  under  S8.1, 
S8.2,  and  S8.3,  a  passenger  car  produced  by  more 
than  one  manufacturer  shall  be  attributed  to  a 
single  manufacturer  as  follows,  subject  to  S8.4.2: 

(a)  A  passenger  car  which  is  imported  shall  be 
attributed  to  the  importer. 

(b)  A  passenger  car  manufactured  in  the  United 
States  by  more  than  one  manufacturer,  one  of 
which  also  markets  the  vehicles,  shall  be  attributed 
to  the  manufacturer  which  markets  the  vehicle. 


(Rev.  10/30/90) 


PART  571;  S  214- 


S8.4.2    A  passenger  car  produced  by  more  than       cle  would  otherwise  be  attributed  under  S8.4.1.  (55 
one  manufacturer  shall  be  attributed  to  any  one  of       F.R.  45722— October  30,  1990.  Effective:  November 
the  vehicle's  manufacturers  specified  by  an  ex-       29,  1990)1 
press  written  contract,  reported  to  the  National 
Highway  Traffic  Safety  Administration  under  49 

CFR   Part   586,   between   the   manufacturer   so  October  30,  1970 

specified  and  the  manufacturer  to  which  the  vehi-  35  F.R.  16801 


PART    571;    S    214-9-10  *U.S. Government PrtmingOflica:  1992— 317-134/6OO44 


6/2r990/5upp.48 

Hotor  Vehicle  Saf... 

of  Transportation 


Federal  Motor  Vehicle  Safety 
Standards  and  Regulations 

?rSaS?y'"°'  Supplsment  48— Amendments 

^r^^is,      and  Interpretations  Issued 
During  1991 

Page  Control  Chart 


Administration 


(1)  Federal  Motor  Vehicle  Safety  Standard  No.  101 

(a)  Insert  attached  pages  numbered  PART  571;  SlOl— PRE  47  through  PRE  50  behind  page  in  book  numbered 
PART  571;  SlOl-PRE  46. 

(b)  Substitute  attached  Standard  101  for  Standard  101  in  book. 

(2)  Federal  Motor  Vehicle  Safety  Standard  No.  106 

(a)  Insert  attached  page  numbered  PART  571;  S106— PRE  67  behind  page  in  book  numbered 
PART  571;  S106-PRE  65-66. 

(b)  Substitute  attached  Standard  106  for  Standard  106  in  book. 

(3)  Federal  Motor  Vehicle  Safety  Standard  No.  108 

(a)  Insert  attached  pages  numbered  PART  571;  S108-PRE  381  through  PRE  383-384  behind  page  in  book 
numbered  PART  571;  S108-PRE  380 

(b)  Substitute  attached  pages  numbered  PART  571;  S108-1;  PART  571;  S108-7;  and  PART  571;  S108-28 
for  similarly  numbered  pages  in  book. 

(4)  Federal  Motor  Vehicle  Safety  Standard  No.  Ill 

(a)  Insert  attached  pages  numbered  PART  571;  Slll-PRE  25  through  PRE  28  behind  page  in  book 
numbered  PART  571;  Slll-PRE  23-24. 

(b)  Substitute  attached  Standard  111  for  Standard  111  in  book. 

(5)  Federal  Motor  Vehicle  Safety  Safety  Standard  No.  121 

(a)  Insert  attached  pages  numbered  PART  571;  S121-PRE  197  through  PRE  211-212  behind  page  in  book 
numbered  PART  571;  S121-PRE  195-196. 

(b)  Substitute  attached  Standard  121  for  Standard  121  in  book. 

(6)  Federal  Motor  Vehicle  Safety  Standard  No.  123 

(a)  Insert  attached  page  numbered  PART  571;  S123— PRE  15  behind  page  in  book  numbered 
PART  571;  S123-PRE  14. 

(b)  Substitute  attached  Standard  123  for  Standard  123  in  book. 

(7)  Federal  Motor  Vehicle  Safety  Standard  No.  205 

(a)  Insert  attached  page  numbered  PART  571;  S205— PRE  51-52  behind  page  in  book  numbered 
PART  571;  S205-PRE  50. 

(b)  Substitute  attached  Standard  205  for  Standard  205  in  book. 

(Continued  on  reverse  side) 

The  Federal  Motor  Vehicle  Safety  Standards  and  amendments  published  In  this  format  are  tor  reference  purposes 
only.  They  should  not  b«  considered  as  legally  binding  or  be  used  as  a  source  of  authority  In  matters  of  litigation. 
The  United  States  Code  of  Federal  Regulations  Is  the  only  source  of  legal  authority  for  the  standards. 


Page  Control  Chari— Continued 


(8)  Federal  Motor  Vehicle  Safety  Standard  No.  209 

(a)  Insert  attached  pages  numbered  PART  571;  S209-PRE  61  through  PRE  64  behind  page  in  book 
numbered  PART  571;  S209-PRE  59-60. 

(b)  Substitute  attached  page  numbered  PART  571;  S209-5  for  similarly  numbered  page  in  book. 

(9)  Federal  Motor  Vehicle  Safety  Standard  No.  210 

(a)  Insert  attached  pages  numbered  PART  571;  S210-PRE  69  through  PRE  72  behind  page  in  book 
numbered  PART  571;  S210-PRE  68. 

(b)  Substitute  attached  Standard  210  for  Standard  210  in  book. 

(10)  Part  531— Passenger  Automobile  Average  Fuel  Economy  Standards 

(a)  Insert  attached  pages  numbered  PART  531-PRE  185-186  behind  page  in  book  numbered  PART  531-PRE  184. 
Make  pen-and-ink  change  to  page  in  book  numbered  PART  531-PRE  185-186  to  read  PRE  187  and  PRE  188, 
respectively.  This  new  page  PRE  185-186  was  inadvertently  omitted  from  an  earlier  Supplement.  It  is  issued  now 
for  reference  continuity  and  accuracy. 

(11)  Part  556— Exemption  for  Inconsequential  Defect  or  Noncompliance 

(a)  Insert  attached  page  numbered  PART  556— PRE  5  behind  page  in  book  numbered  PART  556— PRE  4. 

(b)  Subsitute  attached  PART  556  for  PART  556  in  book. 

(12)  Part  575— Consumer  Information  Regulations;  Uniform  Tire  Quality  Grading  Standards 

(a)  Insert  attached  pages  numbered  PART  575-PRE  175  through  PRE  183-184  behind  page  in  book 
numbered  PART  575-PRE  173-174. 

(b)  Subsitute  attached  pages  numbered  PART  575-7  through  18  for  similarly  numbered  pages  in  book. 

(13)  Part  580— Odometer  Disclosure  Requirements 

(a)  Insert  attached  pages  numbered  PART  580-PRE  63  through  PRE  69-70  behind  page  in  book 
numbered  PART  580-PRE  61-62. 

(b)  Subsitute  attached  PART  580  for  PART  580  in  book. 


PREAMBLE  TO  AN  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  101 

Controls  and  Displays 

(Docket  No.  90-01;  Notice  2) 

RIN:  2127-AD80 


ACTION:  Final  rule. 

SUIVIMARY:  Federal  Motor  Vehicle  Safety  Standard 
No.  101,  Controls  and  Displays,  has  long  required  the 
identification  of  certain  controls  and  displays  to  be 
perceptually  upright  to  the  driver.  One  of  the  controls 
subject  to  this  requirement  is  the  cruise  control.  This 
notice  amends  the  standard  to  provide  that  identifica- 
tion of  cruise  controls  need  be  perceptually  upright  only 
when  the  steering  wheel  is  centered. 

EFFECTIVE  DATE:  The  amendments  made  in  this 
rule  become  effective  on  November  15,  1991. 

SUPPLEMENTARY  INFORMATION: 

Background 

Standard  No.  101,  Controls  and  Displays  specifies  re- 
quirements for  the  accessibility,  identification  and 
illumination  of  controls  and  displays  in  passenger  cars, 
multipurpose  passenger  vehicles,  trucks  and  buses.  The 
purpose  of  the  standard  is  to  ensure  the  accessibility 
and  visibility  of  controls  and  displays  to  a  driver  and 
to  facilitate  their  quick  and  proper  identification  and 
selection  by  a  driver  in  order  to  reduce  the  safety 
hazards  caused  by  diversion  of  the  driver's  attention 
from  the  driving  task,  and  by  mistakes  in  selecting 
controls. 

Section  S5.2  1  of  the  standard  requires  certain 
vehicle  controls  to  be  identified  by  specified  symbols 
or  words  and  for  the  identification  to  be  placed  on  or 
adjacent  to  the  control.  That  section  also  requires  the 
identification  to  be  visible  to  the  driver  and  with  certain 
exceptions,  to  "appear  to  the  driver  perceptually 
upright."  The  cruise  control  is  one  control  subject  to 
S5.2.1.  The  cruise  control  is  also  known  as  the  auto- 
matic vehicle  speed  control. 

On  January  23  1991  NHTSA  published  in  the  Federal 
Register  (56  FR  2487)  a  notice  of  proposed  rulemaking 
(NPRM)  to  amend  Standard  No.  101  to  provide  that 
identification  of  cruise  controls  need  be  perceptually 


upright  only  when  the  steering  wheel  is  centered.  As 
discussed  in  that  notice,  as  a  result  of  discussions  with 
General  Motors  (GM),  following  the  issuance  of  a  June 
6,  1990  interpretation  letter  addressed  to  Mr.  J.  A. 
Schurger,  the  agency  determined  that  there  has  been 
confusion  by  a  number  of  manufacturers  concerning 
how  the  perceptually  upright  requirement  applies  to 
cruise  controls.  As  a  result,  some  manufacturers  have 
placed  cruise  controls  on  steering  wheels,  even  though 
the  effect  of  such  placement  is  such  that  these  controls 
are  not  "perceptually  upright"  when  the  steering  wheel 
is  being  turned.  After  considering  arguments  raised  by 
GM  in  favor  of  placing  cruise  controls  on  steering 
wheels,  NHTSA  decided  to  initiate  rulemaking  to  con- 
sider lessening  restrictions  on  cruise  controls  and  other 
controls  or  identifications  on  steering  wheels. 

The  NPRM  focused  on  the  issue  of  whether  there  is 
a  safety  need  to  prohibit  cruise  controls  from  being 
placed  on  steering  wheels.  However,  the  agency  noted 
that  the  issues  raised  were  applicable  to  any  other 
controls  or  displays  that  could  be  mounted  on  the  steer- 
ing wheel  or  steering  column.  NHTSA  characterized 
the  primary  issue  in  the  rulemaking  not  as  whether 
steering  wheel-mounted  cruise  controls  necessarily 
result  in  safety  benefits,  but  instead  whether  there  is 
a  safety  need  to  prohibit  them.  The  agency  tentatively 
concluded  that  the  safety  benefits  attributable  to  the 
"perceptually  upright"  requirement  will  be  achieved 
so  long  as  control  identification  located  on  the  steer- 
ing wheel  is  "perceptually  upright"  when  the  steering 
wheel  is  centered. 

NHTSA  also  proposed,  as  an  alternative,  an  amend- 
ment that  would  exclude  steering  wheel  mounted  cruise 
controls  altogether  from  the  "perceptually  upright" 
requirement. 

The  agency  cited  a  previous  example  in  which 
NHTSA  decided  to  exclude  horn  controls  entirely  from 
the  "perceptually  upright"  requirement. 

The  agency  then  noted  that  while  the  identification 
for  most  cruise  controls  located  on  steering  wheels  is 


PART  571;  SlOl-PRE  47 


upright  when  the  steering  wheel  is  centered,  the  iden- 
tification for  at  least  some  cruise  controls  is  at  a  slight 
angle.  The  agency  stated  that  the  designs  at  slight 
angles  raise  two  issues.  The  first  issue  is  whether  iden- 
tification which  is  at  a  slight  angle  should  be  considered 
"perceptually  upright"  and,  if  so,  at  what  angle  such 
identification  would  not  be  considered  "perceptually 
upright."  The  agency  did  not  limit  this  issue  to  cruise 
controls  on  steering  wheels  but  sought  comments  on 
its  relevancy  to  identification  of  controls  and  displays 
which  are  not  located  on  the  steering  wheel. 

The  second  issue  relates  to  the  fact  that  if  identifi- 
cation of  cruise  controls  is  to  be  "perceptually  upright" 
or  close  to  "perceptually  upright"  to  the  driver  at  those 
times  when  it  is  reasonably  anticipated  that  the  driver 
will  be  observing  that  identification,  it  is  necessary  that 
the  identification  be  upright  or  very  close  to  upright 
when  the  steering  wheel  is  centered.  To  the  extent  that 
cruise  control  identification  is  at  an  angle  when  the 
steering  wheel  is  centered,  that  angle  could  be  in- 
creased during  gradual  turns  depending  on  the  direc- 
tion of  the  angle  relative  to  the  direction  of  the  turn. 
NHTSA  requested  comments  on  whether  identification 
of  cruise  controls  located  on  steering  wheels  should  be 
required  to  be  upright  when  the  steering  wheel  is 
centered  or  whether  it  should  be  permitted  to  be  at  a 
specified  angle.  The  agency  also  asked  whether,  if  the 
meaning  of  "perceptually  upright"  is  clarified  to 
expressly  permit  words  as  a  whole  to  be  placed  at  slight 
(specified)  angles  from  the  horizontal,  a  different 
requirement  (e.g.,  one  permitting  lesser  angles  or  no 
angle  at  all)  is  appropriate  for  cruise  controls  located 
on  the  steering  wheel,  given  the  fact  that  any  angle 
will  be  altered  during  gradual  turns  (unlike  the  iden- 
tification of  controls  and  displays  located  on  the  instru- 
ment panel). 

Finally,  the  agency  noted  that  Standard  No.  lOl's 
"perceptually  upright"  requirement  applies  to  a 
number  of  specified  controls  and  displays  in  addition 
to  the  cruise  control.  The  agency  requested  comments 
whether  any  of  these  other  controls  or  displays  should 
also  be  permitted  on  the  steering  wheel. 

Summary  of  Comments  to 
Notice  of  Proposed  Rulemaking. 

In  response  to  its  NPRM.  the  agency  received  five 
comments,  all  from  manufacturers.  The  commenters 
were  Chrysler,  Ford,  GM,  Volkswagen,  and  Volvo.  The 
manufacturers  offered  the  following  comments: 

Each  of  the  five  commenters  supported  the  agency's 
first  proposal,  that  identification  for  steering  wheel 
mounted  cruise  controls  be  "perceptually  upright"  only 
when  the  steering  wheel  is  centered,  i.e.,  the  vehicle 
has  its  wheels  positioned  to  travel  straight  forward. 

Three  commenters,  Chrysler,  Ford,  and  GM,  opposed 
adopting  the  second  alternative,  to  exclude  steering 


wheel  mounted  cruise  controls  altogether  from  the 
"perceptually  upright"  requirement.  Ford  opposed  this 
proposal  because  it  was  not  aware  of  any  data  (similar 
to  the  case  of  the  horn  symbol)  that  "suggests  a  high 
degree  of  recognition  for  cruise  control  identification 
in  all  orientations."  Chrysler  made  the  same  point  as 
Ford,  and  added  that  "speed  controls  are  normally 
multi-switch  controls,  whereas,  the  horn  button  is  only 
one  control  and  its  location  is  usually  on  the  steering 
wheel." 

With  respect  to  the  issue  of  whether,  when  the  steer- 
ing wheel  is  centered,  any  identification  which  is  at  a 
slight  angle  should  be  considered  perceptually  upright 
and  if  so,  at  what  angle  such  identification  should  not 
be  considered  "perceptually  upright."  only  one 
manufacturer  suggested  a  specific  tolerance  angle.  In 
its  comments,  Volkswagen  stated  that  the  definition 
of  "perceptually  upright"  should  provide  an  angular 
tolerance  range  of  30  degrees.  Volkswagen,  however, 
did  not  explain  the  basis  for  its  recommendation  of  30 
degrees  as  a  tolerance  angle.  Volvo  generally  stated 
its  desire  for  a  clearer  definition  of  "perceptually 
upright"  but  did  not  provide  any  recommendations  or 
guidelines. 

Chrysler,  Ford,  and  GM  opposed  a  redefinition  of 
"perceptually  upright"  that  would  specify  an  angular 
tolerance.  Ford  and  Chrysler's  opposition  was  based 
on  their  lack  of  data  or  studies  that  would  suggest 
criteria  that  would  determine  the  limits  of  what  could 
be  construed  as  "perceptually  upright."  GM  opposed  / 

any  attempt  to  clarify  "perceptually  upright"  with 
reference  to  specified  angle  from  horizontal,  stating 
that  this  would  "result  in  greater  confusion  and  create 
unreasonable  difficulties  in  design  and  compliance  with 
no  offsetting  benefits  to  motor  vehicle  safety." 

The  only  commenter  on  the  question  of  whether 
angular  tolerances  should  be  permitted  for  cruise 
controls  located  on  the  steering  wheel,  Chrysler,  stated 
that  it  did  not  believe  regulating  "perceptual  upright- 
ness" by  specifying  a  maximum  angular  position  from 
the  horizontal  of  steering  wheel  controls  will  increase 
the  safety  of  using  these  controls. 

The  last  issue  raised  by  the  agency  was  whether, 
since  Standard  No.  lOl's  "perceptually  upright" 
requirement  applies  to  a  number  of  specified  controls 
and  displays,  any  other  specified  controls  or  displays 
(in  addition  to  cruise  controls)  in  Standard  No.  101 
should  be  permitted  on  the  steering  wheel. 

Volkswagen,  Ford  and  GM  stated  that  it  would  be 
appropriate  not  to  restrict  controls  and  displays  which 
may  be  considered  for  placement  on  steering  wheels. 
GM  also  commented  that  it  was  not  aware  of  informa- 
tion establishing  that  motor  vehicle  safety  is  com- 
promised by  "steering  wheel-mounted  control 
identifications  which  are  not  perceptually  upright  / 

regardless  of  steering  wheel  orientation."  GM  noted         ^ 


PART  571;  SlOl-PRE  48 


however,  that  all  hub  mounted  controls  should  be 
subject  to  the  "perceptually  upright"  requirement 
when  the  steering  wheel  is  centered. 

In  its  comments,  Chrysler  suggested  that  other  hand 
controls  (e.g.,  lighting,  windshield  wiper)  regulated  by 
Standard  No.  101  be  permitted  on  the  steering  wheel. 
Chrysler  concluded  that  manufacturers  should  be 
allowed  to  decide  the  practicality  of  symbols  to  be 
located  on  steering  wheels. 

Agency  Analysis  of  Issues  and 
Adoption  of  Final  Rule. 

All  commenters  favored  the  agency's  proposal  to  re- 
quire cruise  controls  on  steering  wheels  to  appear  to 
the  driver  perceptually  upright  only  when  the  steer- 
ing wheel  is  dentered.  No  commenters  opposed  this 
proposed  amendment.  Further,  with  respect  to  the 
alternative  proposed  amendment  to  exclude  steering 
wheel  mounted  cruise  controls  altogether  from  the 
perceptually  upright  requirement,  the  agency  agrees 
with  the  concern  expressed  by  some  commenters  that 
cruise  control  identification  might  not  be  easily  recog- 
nizable in  all  orientations.  For  the  reasons  discussed 
in  the  NPRM,  the  agency  is  adopting  the  proposed 
amendment  to  require  cruise  controls  on  steering 
wheels  to  appear  to  the  driver  perceptually  upright  only 
when  the  steering  wheel  is  centered. 

Another  issue  raised  in  the  NPRM  was  whether  this 
special  provision  for  cruise  controls  should  be  extended 
to  any  other  controls  or  displays.  Currently,  with 
certain  exceptions,  any  identification  for  a  control  or 
display  must  appear  to  the  driver  "perceptually 
upright"  at  all  times.  The  practical  effect  of  requiring 
controls,  displays,  or  identifications  on  a  steering  wheel 
to  appear  to  the  driver  to  be  "perceptually  upright" 
only  when  the  steering  wheel  is  centered  would  be  that 
these  other  controls  and  displays  could  be  placed  on 
the  steering  wheel. 

In  addressing  this  issue,  most  of  the  public  com- 
menters stated  that  it  would  not  be  appropriate  to 
restrict  controls  and  displays  which  may  be  considered 
for  placement  on  steering  wheels.  GM  stated  that  it  was 
not  aware  of  any  data  showing  that  safety  would  be 
compromised  by  steering  wheel  mounted  identifica- 
tions which  are  not  "perceptually  upright"  regardless 
of  steering  wheel  orientation. 

After  considering  this  issue,  the  agency  is  concerned 
about  the  possible  safety  consequences  of  allowing  all 
controls  and  displays  on  the  rotating  steering  wheel. 
Some  controls  and  displays,  such  as  those  for  turn 
signals,  appear  to  raise  particular  concerns.  If  the  turn 
signal  display  were  on  the  steering  wheel,  the  relation- 
ship of  the  display  to  the  side  of  the  vehicle  would  be 
completely  reversed  when  the  steering  wheel  is  turned 
180  degrees.  This  could  potentially  confuse  the  driver 
in  the  midst  of  a  critical  driving  maneuver.  If  the  turn 
signal  control  were  on  the  steering  wheel,  it  would  also 
be  reversed  during  a  turn. 


Another  concern  for  the  agency  is  that  even  if  a  par- 
ticular control  on  a  steering  wheel  did  not  pose  safety 
problems  from  the  standpoint  of  its  identification  being 
confusing  to  the  driver,  multiple  controls  on  a  steer- 
ing wheel  may  pose  a  problem.  For  example,  if  numer- 
ous controls  are  on  the  steering  wheel,  the  headlamp 
or  taillamp  controls  may  be  inadvertently  turned  off 
at  night  while  the  driver  operates  the  radio  or  cruise 
controls. 

In  light  of  its  safety  concerns,  NHTSA  has  decided 
not  to  extend  the  special  provision  for  cruise  controls 
to  other  controls  and  displays  at  this  time.  The  agency 
believes  that  such  action  should  not  be  taken  without 
further  study  of  the  possible  safety  consequences, 
including  possible  hirnian  factors  research  in  this  area. 

Another  issue  addressed  in  the  NPRM  was  whether 
identification  which  is  at  a  slight  angle  should  be 
considered  perceptually  upright  and,  if  so,  at  what 
angle  such  identification  would  not  be  considered 
perceptually  upright.  The  agency  requested  comments 
on  whether  the  meaning  of  perceptually  upright  should 
be  clarified. 

After  considering  the  comments,  the  agency  has 
decided  that  it  is  unnecessary  to  amend  Standard  No. 
101  to  clarify  the  meaning  of  "perceptually  upright." 
First,  the  agency  believes  that  the  term  is  broad  enough 
to  permit  identification  at  slight  angles.  NHTSA  notes 
that  persons  reading  a  book  or  newspaper  often  hold 
it  8+  -.  slight  angle  from  the  horizontal,  yet  perceive 
the  writing  to  be  upright.  Thus,  even  though  identifi- 
cation of  controls  or  displays  in  a  motor  vehicle  may 
be  at  a  slight  angle,  a  driver  can  perceive  it  to  be 
upright. 

While  the  agency  considered  establishing  a  specific 
angular  limit,  the  agency  agrees  with  GM  that  such  a 
limit  could  be  difficult  to  interpret  in  light  of  the  fact 
that  identification  of  controls  may  be  located  on  sur- 
faces made  up  of  compound  angles,  surfaces  that  are 
curved,  or  surfaces  that  are  in  a  horizontal  plane. 
Hence,  it  could  be  difficult  to  devise  an  angular  limit 
that  is  appropriate  for  all  such  surfaces.  Moreover, 
while  as  discussed  in  the  NPRM,  certain  control  iden- 
tification in  some  cars  is  at  a  slight  angle,  the  agency 
is  unaware  of  any  cars  where  the  degree  of  angle  makes 
it  questionable  whether  the  driver  could  perceive  the 
identification  as  upright.  NHTSA  notes  that  while  it 
is  not  establishing  a  specific  angular  limit  at  this  time, 
it  could  consider  doing  so  in  the  future  if  later  car 
designs  or  research  indicated  a  need  to  do  so. 

Volvo  requested  that  a  clearer  definition  of  "percep- 
tually upright"  be  provided  in  order  to  avoid  uncertain- 
ties in  the  design  of  identification  for  controls. 
However,  with  the  exception  of  the  question  of  how 
the  term  applies  to  controls  located  on  the  steering 
wheel,  which  NHTSA  has  resolved  by  interpretation 
and  by  this  rulemaking,  the  agency  is  unaware  of  any 


PART  571;  SlOl-PRE  49 


evidence  that  the  term  has  created  difficulties  for 
manufacturers  in  ensuring  that  their  vehicles  comply 
Mrith  Standard  No.  101.  The  agency  agrees  with  GM 
that  time  has  proven  that  this  term  has  not  been  a 
cause  of  concern. 

NHTSA  has  also  decided  not  to  establish  any  special 
angular  limits  for  identification  of  cruise  controls 
located  on  steering  wheels.  As  discussed  in  the  NPRM, 
any  angle  when  the  steering  wheel  is  centered  would 
be  increased  during  turns.  However,  NHTSA  believes 
that  the  steering  wheel  would  be  centered  or  almost 
centered  when  the  driver  will  be  observing  cruise 
control  identification. 

NHTSA  finds,  for  good  cause  shown,  that  an  earlier 
effective  date  of  30  days  (rather  than  180  days)  after 
publication  of  this  final  rule  in  interest  NHTSA's  find- 
ing of  good  the  Federal  Register  is  in  the  public  cause 
is  based  on  the  fact  that  the  amendments  to  Standard 
No.  101  do  not  impose  new  requirements,  but  instead 
relax  an  existing  requirement  to  provide  additional 
flexibility. 

In  consideration  of  the  following,  Federal  Motor 
Vehicle  Safety  Standard  No.  101  read  as  follows: 

(1)  The  last  sentence  of  S5.2.1(a)  is  revised  to  read 
as  follows: 

§  571.101  Standard  No.  101;  Controls  and  displays 


S5.2    *     *     * 
S5.2.1     *     *     * 

(a)  The  identification  shall,  under  the  conditions  of 
S6,  be  visible  to  the  driver  and,  except  as  provided  in 
S5.2.1.1.  S5.2.1.2,  and  S5.2.1.3,  appear  to  the  driver 
perceptually  upright. 

2.  S 5. 2. 1.3  is  added  to  read  as  follows: 
S5.2.1.3  The  identification  of  an  automatic  vehicle 
speed  control  located  on  the  steering  wheel,  including 
the  steering  wheel  hub  and  spokes,  need  not  appear 
to  the  driver  perceptually  upright  except  when  the 
vehicle,  aligned  to  the  manufacturer's  specifications, 
has  its  wheels  positioned  for  the  vehicle  to  travel  in  a 
straight  forward  direction. 


Issued  on:  October  9,  1991. 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  51845 
October  16,  1991 


PART  571;  SlOl-PRE  50 


FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  101 


Controls  and  Displays 
(Docket  No.  1-18;  Notice  13) 


51.  Scope.  This  standard  specifies  require- 
ments for  the  location,  identification,  and  illumina- 
tion of  motor  vehicle  controls  and  displays. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
ensure  the  accessibility  and  visibility  of  motor  vehi- 
cle controls  and  displays  and  to  facilitate  their 
selection  under  daylight  and  nighttime  conditions, 
in  order  to  reduce  the  safety  hazards  caused  by  the 
diversion  of  the  driver's  attention  from  the  driving 
task,  and  by  mistakes  in  selecting  controls. 

53.  Application.  This  standard  apphes  to 
passenger  cars,  multipurpose  passenger  vehicles, 
trucks,  and  buses. 

54.  Definitions. 

"Telltale"  means  a  display  that  indicates,  the  ac- 
tuation of  a  device,  a  correct  or  defective  function- 
ing or  condition,  or  a  failure  to  function. 

"Gauge"  means  a  display  that  is  listed  in  S5.1  or 
in  Table  2  and  is  not  a  telltale. 

55.  Requirements,  (a)  Except  as  provided  in 
paragraph  (b)  of  this  section,  each  passenger  car, 
multipurpose  passenger  vehicle,  truck,  and  bus 
manufactured  with  any  control  listed  in  S5.1  or  in 
column  1  of  Table  1,  and  each  passenger  car, 
multipurpose  passenger  vehicle  and  truck  or  bus 
less  than  10,000  pounds  GVWR  with  any  display 
listed  in  S5.1  or  in  column  1  of  Table  2,  shall  meet 
the  requirements  of  this  standard  for  the  location, 
identification,  and  illumination  of  such  control  or 
display. 

(b)  For  vehicles  manufactured  before  September 
1,  1987,  a  manufacturer  may,  at  its  option— 

(1)  Meet  the  requirements  in  this  standard  to  use 
identifying  words  or  abbreviation  or  identifying 
symbol  for  a  control  by  using  those  specified  in 


Table  1(a)  instead  of  Table  1.  If  none  are 
specified  in  Table  1(a),  none  need  be  used  for  the 
control. 

(2)  Meet  the  requirements  in  this  standard  to 
use  identifying  words  or  abbreviation  or  identify- 
ing symbol  for  a  display  by  using  those  specified 
in  Table  2(a)  instead  of  Table  2.  If  none  are 
specified  in  Table  2(a),  none  need  by  used  for  the 
display. 

S5.1  '  ocatlon.  [Under  the  conditions  of  S6, 
each  ji  the  following  controls  that  is  furnished 
shall  be  operable  by  the  driver  and  each  of  the 
following  displays  that  is  furnished  shall  be  visi- 
ble to  the  driver.  Under  conditions  of  S6, 
telltales  are  considered  visible  when  activated.  52 
F.R.  33416— September  3,  1987— Effective: 
September  3,  1987)1 

Hand-Operated  Controls 

(a)  Steering  wheel. 

(b)  Horn. 

(c)  Ignition. 

(d)  Headlamp. 

(e)  Tail  lamp. 

(f )  Turn  signal. 

(g)  Illumination  intensity, 
(h)  Windshield  wiper. 

(i)  Windshield  washer. 

(j)  Manual    transmission    shift    lever,    except 

transfer  case. 

(k)  Windshield  defrosting,  and  defogging 
system. 

(1)  Rear  window  defrosting  and  defogging 
system. 

(m)  Manual  choke, 
(n)  Driver's  sun  visor. 


PART  571;  S  101-1 


(o)  Automatic  vehicle  speed  system. 

(p)  Highbeam. 

(q)  Hazard  warning  signal. 

(r)  Clearance  lamps. 

(s)  Hand  throttle. 

(t)  Identification  lamps. 

Foot-Operated  Controls 

(a)  Service  brake. 

(b)  Accelerator. 

(c)  Clutch. 

(d)  Highbeam. 

(e)  Windshield  washer. 

(f )  Windshield  wiper. 

Displays 

(a)  Speedometer. 

(b)  Turn  signal. 

(c)  Gear  position. 

(d)  Brake  failure  warning. 

(e)  Fuel. 

(f)  Engine  coolant  temperature. 

(g)  Oil. 

(h)  Highbeam. 

(i)  Electrical  Charge. 

S5.2     Identification. 

S5.2.1  Vehicle  controls  shall  be  identified  as 
follows: 

(a)  Except  as  specified  in  S5.2.1(b),  any  hand- 
operated  control  listed  in  column  1  of  Table  1  that 
has  a  symbol  designated  for  it  in  column  3  of  that 
table  shall  be  identified  by  either  the  symbol 
designated  in  column  3  (or  symbol  substantially 
similar  in  form  to  that  shown  in  column  3)  or  the 
word  or  abbreviation  shown  in  column  2  of  that 
table.  Any  such  control  for  which  no  symbol  is 
shown  in  Table  1  shall  be  identified  by  the  word  or 
abbreviation  shown  in  column  2.  Words  or  symbols 
in  addition  to  the  required  symbol,  word  or 
abbreviation  may  be  used  at  the  manufacturer's 
discretion  for  the  purpose  of  clarity.  Any  such  con- 
trol for  which  column  2  of  Table  1  and /or  column  3 
of  Table  1  specifies  "Mfr.  Option"  shall  be  iden- 
tified by  the  manufacturer's  choice  of  a  symbol, 
word  or  abbreviation,  as  indicated  by  that  specifi- 
cation in  column  2  and /or  column  3.  The  identifica- 
tion shall  be  placed  on  or  adjacent  to  the  control. 
The  identification  shall,  under  the  con- 
ditions of  S6,  be  visible  to  the  driver  and,  except  as 


provided  in  S5.2.1.1,  S5.2.1.2,  [and  S5.2.1.31  ap- 
pear to  the  driver  perceptually  upright.  (56  F.R. 
51845— October  16,  1991.  Effective:  November  15, 
1991)1 

(b)  S5.2.1(a)  does  not  apply  to  a  turn  signal  con- 
trol which  is  operated  in  a  plane  essentially  parallel 
to  the  face  plane  of  the  steering  wheel  in  its  normal 
driving  position  and  which  is  located  on  the  left 
side  of  the  steering  column  so  that  it  is  the  control 
on  that  side  of  the  column  nearest  to  the  steering 
wheel  face  plane. 

55.2.1 .1  The  identification  of  the  following  need 
not  appear  to  the  driver  perceptually  upright: 

(a)  A  master  lighting  switch  or  headlamp  and 
tail  lamp  control  that  adjusts  control  and  display  il- 
lumination by  means  of  rotation,  or  of  any  other 
rotating  control  that  does  not  have  an  off  position. 

(b)  A  horn  control. 

55.2.1.2  The  identification  of  a  rotating  control 
other  than  one  described  by  S 5. 2. 1.1  shall  appear 
to  the  driver  perceptually  upright  when  the  control 
is  in  the  off  position. 

[S5.2.1.3  The  identification  of  an  automatic 
vehicle  speed  control  located  on  the  steering 
wheel,  including  the  steering  wheel  hub  and 
spokes,  need  not  appear  to  the  driver  perceptually 
upright  except  when  the  vehicle,  aligned  to  the 
manufacturer's  specification,  has  its  wheels  posi- 
tioned for  the  vehicle  to  travel  in  a  straight  for- 
ward direction.  (56  F.R.  51845— October  16. 1991.  Ef- 
fective: November  15,  1991)] 

S.5.2.2  Identification  shall  be  provided  for  each 
function  of  any  automatic  vehicle  speed  system 
control  and  any  heating  and  air  conditioning 
system  control,  and  for  the  extreme  positions  of 
any  such  control  that  regulates  a  function  over  a 
quantitative  range.  If  this  identification  is  not 
specified  in  Tables  1  or  2,  it  shall  be  in  word  or 
symbol  form  unless  color  coding  is  used.  If  color 
coding  is  used  to  identify  the  extreme  positions  of  a 
temperature  control,  the  hot  extreme  shall  be  iden- 
tified by  the  color  red  and  the  cold  extreme  by  the 
color  blue. 

Example  1  A  slide  lever  controls  the 
temperature  of  the  air  in  the  vehicle  heating 
system  over  a  continuous  range,  from  no  heat 
to  maximum  heat.  Since  the  control  regulates  a 
single  function  over  a  quantitative  range,  only 
the  extreme  positions  require  identification. 


PART  571;  S  101-2 


Example  2  A  switch  has  three  positions,  for 
heat,  defrost,  and  air  conditioning.  Since  each 
position  regulates  a  different  function,  each 
position  must  be  identified. 

S5.2.3  (Any  display  located  within  the 
passenger  compartment  and  listed  in  column  1  of 
Table  2  that  has  a  symbol  designated  in  column  4  of 
that  table  shall  be  identified  by  either  the  symbol 
designated  in  column  4  (or  symbol  substantially 
similar  in  form  to  that  shown  in  column  4)  or  the 
word  or  abbreviation  shown  in  column  3.  Addi- 
tional words  or  symbols  may  be  used  at  the 
manufacturer's  discretion  for  the  purpose  of  clar- 
ity. Any  telltales  used  in  conjunction  with  a  gauge 
need  not  be  identified.  The  identification  required 
or  permitted  by  this  section  shall  be  placed  on  or 
adjacent  to  the  display  that  it  identifies.  The  iden- 
tification of  any  display  shall,  under  the  conditions 
of  S6,  be  visible  to  the  driver  and  appear  to  the 
driver  perceptually  upright. 

S5.3     Illumination. 

55.3.1  Except  for  foot-operated  controls  or 
hand-operated  controls  mounted  upon  the  floor, 
floor  console,  or  steering  column,  or  in  the  wind- 
shield header  area,  the  identification  required  by 
§  5.2.1  or  §  5.2.2  of  any  control  listed  in  column  1 
of  Table  1  and  accompanied  by  the  word  "yes"  in 
the  corresponding  space  in  column  4  shall  be 
capable  of  being  illuminated  whenever  the 
headlights  are  activated.  However,  control  iden- 
tification for  a  heating  and  air-conditioning  system 
need  not  be  illuminated  if  the  system  does  not 
direct  air  directly  upon  windshield.  If  a  gauge  is 
hsted  in  column  1  of  Table  2  and  accompanied  by 
the  word  "yes"  in  column  5,  then  the  gauge  and  its 
identification  required  by  §  5.2.3  shall  be 
illuminated  whenever  the  ignition  switch  and /or 
the  headlamps  are  activated.  Controls,  gauges,  and 
their  identifications  need  not  be  illuminated  when 
the  headlamps  are  being  flashed.  A  telltale  shall 
not  emit  light  except  when  identifying  the  mal- 
function or  vehicle  condition  for  whose  indication  it 
is  designed  or  during  a  bulb  check  upon  vehicle 
starting. 

55.3.2  Each  telltale  shall  be  of  the  color  shown 
in  column  2  of  Table  2.  The  identification  of  each 
telltale  shall  be  in  a  color  that  contrasts  with  the 
background. 

55.3.3  (a)  Means  shall  be  provided  for  making 
controls,  gauges,  and  the  identification  of  those 


items  visible  to  the  driver  under  all  driving  condi- 
tions. 

(b)  The    means   for   providing   the    required 
visibility— 

(1)  Shall  be  adjustable,  except  as  provided  in 
S5.3.3(d),  to  provide  at  least  two  levels  of 
brightness,  one  of  which  is  barely  discernable  to 
a  driver  who  has  adapted  to  dark  ambient  road- 
way conditions. 

(2)  May  be  operable  manually  or  automatically, 
and 

(3)  May  have  levels  of  brightness  at  which 
those  items  and  their  identification  are  not 
visible. 

(c)  Effective  September  1,  1989,  if  the  level  of 
brightness  is  adjusted  by  automatic  means  to  a 
point  where  items  or  their  identification  are  not 
visible  to  the  driver,  a  means  shall  be  provided  to 
enable  the  driver  to  restore  visibility. 

(d)  For  a  vehicle  manufactured  before 
September  1,  1989,  the  requirements  of 
S5. 3. 3(b)(1)  shall  not  apply  to  any  gauge  during  the 
actuation  of  a  telltale  which  shares  a  common  light 
source  with  the  gauge. 

5.3.4  (a)  Means  shall  be  provided  that  are 
capable  of  making  telltales  and  their  identification 
visible  to  the  driver  under  all  driving  conditions. 

(b)  The  means  for  providing  the  required  visi- 
bility may  be  adjustable  manually  or  automatically, 
except  that  the  telltales  and  identification  for 
brakes,  highbeams,  turn  signals,  and  safety  belts 
may  not  be  adjustable. under  any  driving  condition 
to  a  level  that  is  invisible. 

S5.3.5  (Any  source  of  illumination  within  the 
passenger  compartment  which  is  forward  of  a 
transverse  vertical  plane  4.35  inch  (110.6  mm) 
rearward  of  the  mainkin  "H"  point  with  the 
driver's  seat  in  its  rearmost  driving  position,  which 
is  not  used  for  the  controls  and  displays  regulated 
by  this  standard,  which  is  not  a  telltale,  and  which 
is  capable  of  being  illuminated  while  the  vehicle  is 
in  motion,  shall  have  either  (1)  light  intensity  which 
is  manually  or  automatically  adjustable  to  provide 
at  least  two  levels  of  brightness,  (2)  a  single  inten- 
sity that  is  barely  discernible  to  a  driver  who  has 
adapted  to  dark  ambient  roadway  conditions,  or  (3) 
a  means  of  being  turned  off.  This  requirement  does 
not  apply  to  buses  that  are  normally  operated  with 
the  passenger  compartment  illuminated. 


PART  571;  S  101- 


Table  1  is  amended  by  adding  the  word  "Ligiits" 
to  column  2  as  identifying  words  or  abbreviation 
for  Master  Lighting  Switch  control,  by  adding  the 
word  "Horn"  to  column  2  as  identifying  words  or 
abbreviation  for  Horn  control,  by  adding  the  word 
"Hazard"  to  column  2  as  identifying  words  or  ab- 
breviation for  Hazard  Warning  Signal  control,  by 
adding  the  words  "Wiper  or  Wipe"  to  column  2  as 
identifying  words  or  abbreviation  for  Windshield 
Wiping  System  control,  by  adding  the  words 
"Washer  or  Wash"  to  column  2  as  identifying 
words  or  abbreviation  for  Windshield  Washing 
System  control,  by  adding  the  words  "Wash-Wipe 
or  Washer- Wiper"  to  column  2  as  identifying 
words  or  abbreviation  for  Windshield  Washing  and 
Wiping  Combined  control,  by  adding  the  word 
"Fan"  to  column  2  as  identifying  words  or  ab- 
breviation for  Heating  and/or  Air  Conditioning 
Fan  control,  by  adding  the  words  "Defrost,  Defog 
or  Def"  to  column  2  as  identifying  words  or 
abbreviation  for  Windshield  Defrosting  and 
Defogging  System  control,  by  adding  the  words 
"Rear  Defrost,  Rear  Defog,  Rear  Def,  or  R-Def ' 
to  column  2  as  identifying  words  or  abbreviation 
for  Rear  Window  Defrosting  and  Defogging 
System  control,  and  by  adding  the  words  "Marker 
Lamps  or  MK  Lps"  to  column  2  as  identifying 
words  or  abbreviation  for  identification,  Side 
Marker  and  or  Clearance  Lamps  control.  (52  F.R. 
33416  September  3.  1987— Effective:  September  3, 
1987)1 


(b)  Except  as  provided  in  S5.4(e),  the  telltales 
listed  in  Table  2  shall  be  displayed  at  the  initiation 
of  any  underlying  condition. 

(c)  When  the  underlying  condition  exists  for  ac- 
tuation of  two  or  more  messages,  the  messages 
shall  be  either— 

(1)  repeated  automatically  in  sequence,  or 

(2)  indicated  by  visible  means  and  capable  of 
being  selected  by  the  driver  for  viewing. 

(d)  Messages  may  be  cancellable  automatically 
or  by  the  driver. 

(e)  The  safety  belt  telltale  must  be  displayed  and 
visible  during  the  time  specified  in  S7.3  of 
Standard  No.  208. 

S6.  Conditions.  The  driver  is  restrained  by  the 
crash  protection  equipment  installed  in  accord- 
ance with  the  requirements  of  §  571.208  of  this 
part  (Standard  No.  208),  adjusted  in  accordance 
with  the  manufacturer's  instructions. 


43  F.R.  27541 
June  26,  1978 


PART  571;  S  101-4 


PREAMBLE  TO  A  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  106 

Brake  Hoses 

(Docket  No.  91-09;  Notice  02) 

RIN  2127-AD04 


ACTION:  Final  rule. 

SUMMARY:  This  notice  amends  Standard  106,  Brake 
Hoses,  by  removing  paragraphs  S12  and  13  which 
exclude  certain  brake  hose,  fittings  and  assemblies  from 
the  standard's  labeling  requirements  in  S5.2,  7.2  and 
9.1.  NHTSA  is  deleting  S12  and  13  because  they  are 
generally  redundant.  Most  of  their  provisions  exist  in 
the  labeling  requirements  located  elsewhere  in  the 
standard.  Also.  NHTSA  is  removing  S12  and  13  because 
they  are  inconsistent  in  some  respects  with  the  stan- 
dard's labeling  requirements,  which  could  engender  con- 
fusion about  the  requirements.  This  notice  also  makes 
other  amendments  to  the  labeling  requirements. 

EFFECTIVE  DATE:  The  amendment  is  effective  on 
November  6,  1991. 

SUPPLEMENTARY  INFORMATION:  This  notice  re- 
moves paragraphs  S12  and  13  from  Standard  106  to 
improve  the  clarity  of  the  labeling  requirements  of  the 
standard,  and  makes  other  labeling  amendments.  S5.2, 
7.2  and  9.1  of  the  standard  specify  that  certain  infor- 
mation (e.g.,  size,  manufacturer  identification)  must  be 
labeled  on  new  brake  hose,  end  fittings  and  assemblies. 
Exclusions  of  certain  hose,  fittings  and  assemblies  from 
the  labeling  requirements  are  found  in  S5.2,  7.2  and 
9.1.  Exclusions  are  also  found  in  S12  and  13. 

The  exclusions  of  S12  and  13  generally  reflect  the 
exclusions  of  S5.2.  7.2  and  9.1,  and  are  therefore 
redundant  to  a  degree.  Further,  as  discussed  fully  in 
the  NPRM,  S12  and  13  are  also  in  some  respects  in- 
consistent with  the  standard's  labeling  requirements, 
which  could  engender  confusion  about  the  require- 
ments. NHTSA  proposed  to  remove  S12  and  13  (56  FR 
7640;  February  25,  1991)  to  eliminate  the  redundan- 
cies and  inconsistencies  posed  by  those  paragraphs. 

In  addition  to  removing  S12  and  13,  the  agency  also 
proposed  several  labeling  changes  to  the  standard. 

First,  NHTSA  proposed  that  S5.2.1  be  amended  to 
apply  the  striping  requirement  only  to  bulk  hose  and 
hose  installed  in  an  assembly.  Thus,  the  requirement 
would  not  apply  to  hose  that  is  sold  as  part  of  a  motor 
vehicle.  NHTSA  believed  that  once  the  hose  is  installed 
in  the  vehicle,  the  purpose  for  the  stripes  is  fulfilled. 


Second,  the  agency  proposed  to  amend  S5.2.4,  7.2.3 
and  9.1.3  to  remove  the  requirement  that  an  assembly 
must  be  assembled  by  the  vehicle  manufacturer  to  be 
excluded  from  the  assembly  labeling  requirements. 
Assemblies  installed  in  new  vehicles  need  not  bear  a 
label  because  the  vehicle  certification  and  identifica- 
tion information  serves  to  certify  and  identify  the  hose 
assembly.  NHTSA  believed  it  would  make  no  differ- 
ence whether  the  vehicle  manufacturer  itself  produced 
the  assembly. 

Third,  the  agency  proposed  to  slightly  modify  the  last 
sentence  of  the  introductory  paragraph  of  S5.2  2,  7.2.1, 
and  9.1.1  to  make  clear  that  the  information  need  not 
be  present  on  hose  that  is  sold  as  part  of  a  brake  hose 
assembly  or  a  motor  vehicle. 

Comments  on  NPRM 
The  agency  received  comments  on  the  NPRM  from 
Chrysler  Corporation,  Bendix  Heavy  Vehicle  Systems 
Group  of  Allied-Signal  Inc.,  and  Volvo  GM  Heavy 
Truck  Corporation.  All  commenters  supported  the 
proposed  amendments  to  the  standard.  Chrysler  said 
the  proposed  changes  "will  not  affect  automotive  safety 
and  will  also  enable  manufacturers  to  provide  safe 
brake  hoses  without  additional  regulatory  cost." 

After  reviewing  the  comments,  NHTSA  has  con- 
cluded the  proposed  changes  to  Standard  106  are 
warranted  and  has  adopted  the  changes  in  this  final 
rule 


Volvo  GM  suggested  the  effective  date  of  the  amend- 
ment be  the  date  of  publication  of  the  final  rule  in  the 
Federal  Register,  instead  of  the  proposed  date  (180 
days  after  publication),  because  the  amendment  would 
impose  no  additional  requirements.  NHTSA  has  deter- 
mined there  is  good  cause  shown  for  an  earlier  effec- 
tive date  because  the  rule  clarifies  the  standard's 
labeling  requirements,  and  relieves  some  restrictions 
on  labeling  components.  NHTSA  has  further  deter- 
mined the  effective  date  of  the  amendment  will  be  30 
days  after  publication.  The  agency  has  specified  that 
date  to  provide  time  for  any  person  to  submit  a  peti- 
tion for  reconsideration  of  the  rule  before  the  date  on 
which  the  rule  is  effective. 


PART  571:  S106-PRE  67 


In  consideration  of  the  foregoing,  NHTSA  amends 
49  CFR  Part  571  as  follows: 

(1)  S5.2.1  is  revised  to  read  as  follows: 

5.2.1  Each  hydraulic  brake  hose,  except  hose  sold  as 
part  of  a  motor  vehicle,  shall  have  at  least  two  clearly 
identifiable  stripes  of  at  least  one-sixteenth  of  an  inch 
in  width,  placed  on  opposite  sides  of  the  brake  hose 
parallel  to  its  longitudinal  axis.  One  stripe  may  be  in- 
terrupted by  the  information  required  by  S5.2.2.  and 
the  other  stripe  may  be  interrupted  by  additional  in- 
formation at  the  manufacturer's  option.  However, 
hydraulic  brake  hose  manufactured  for  use  only  in  an 
assembly  whose  end  fittings  prevent  its  installation  in 
a  twisted  orientation  in  either  side  of  the  vehicle,  need 
not  meet  the  requirements  of  S5.2.1 

(2)  The  introductory  text  of  S5.2.2  is  revised  to  read 
as  follows:  S5.2.2  Each  hydraulic  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled,  at  inter- 
vals of  not  more  than  6  inches,  measured  from  the  end 
of  one  legend  to  the  beginning  of  the  next,  in  block  cap- 
ital letters  and  numerals  at  least  one-eighth  of  an  inch 
high,  with  the  information  listed  in  paragraphs  (a) 
through  (e)  of  this  section.  The  information  need  not 
be  present  on  hose  that  is  sold  as  part  of  a  brake  hose 
assembly  or  a  motor  vehicle. 


(3)  The  introductory  text  of  S5.2.4  is  revised  to  read 
as  follows: 

S5.2.4  Each  hydraulic  brake  hose  assembly,  except 
those  sold  as  part  of  a  motor  vehicle,  shall  be  labeled 
by  means  of  a  band  around  the  brake  hose  assembly 
as  specified  in  this  paragraph  or,  at  the  option  of  the 
manufacturer,  by  means  of  labeling  as  specified  in 
S5.2.4.1.  The  band  may  at  the  manufacturer's  option 
be  attached  so  as  to  move  freely  along  the  length  of 
the  assembly,  as  long  as  it  is  retained  by  the  end  fit- 
tings. The  band  shall  be  etched,  embossed,  or  stamped 
in  block  capital  letters,  numerals  or  symbols  at  least 
one-eighth  of  an  inch  high,  with  the  following  infor- 
mation: 


(4)  The  introductory  text  of  S7.2.1  is  revised  to  read 
as  follows: 

S7.2.1  Hose.  Each  air  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled,  at  inter- 
vals of  not  more  than  6  inches,  measured  from  the  end 
of  one  legend  to  the  beginning  of  the  next,  in  block  cap- 
ital letters  and  numerals  at  least  one-eighth  of  an  inch 
high,  with  the  information  listed  in  paragraphs  (a) 
through  (e)  of  this  section.  The  information  need  not 
be  present  on  hose  that  is  sold  as  part  of  a  brake  hose 
assembly  or  a  motor  vehicle. 


(5)  The  introductory  text  of  S7.2.3  is  revised  to  read 
as  follows: 

S7.2.3  Assemblies.  Each  air  brake  hose  assembly 
made  with  end  fittings  that  are  attached  by  crimpinr 
or  swaging,  except  those  sold  as  part  of  a  motor  vehicle 
shall  be  labeled  by  means  of  a  band  around  the  brake 
hose  assembly  as  specified  in  this  paragraph  or,  at  the 
option  of  the  manufacturer,  by  means  of  labeling  as 
specified  in  S7.2.3.1.  The  band  may  at  the  manufac- 
turer's option  be  attached  so  as  to  move  freely  along 
the  length  of  the  assembly,  as  long  as  it  is  retained  by 
the  end  fittings.  The  band  shall  be  etched,  embossed, 
or  stamped  in  block  capital  letters,  numerals  or  sym- 
bols at  least  one-eighth  of  an  inch  high,  following 
information: 


(6)  The  introductory  text  of  S9.1.1  is  revised  to  read 
as  follows: 

S9.1.1  Hose.  Each  vacuum  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled,  at  inter- 
vals of  not  more  than  6  inches,  measured  from  the  end 
of  one  legend  to  the  beginning  of  the  next,  in  block 
capital  letters  and  numerals  at  least  one-eighth  of  an 
inch  high,  with  the  information  listed  in  paragraphs  (a) 
through  (e)  of  this  section.  The  information  need  not 
be  present  on  hose  that  is  sold  as  part  of  a  brake  hose 
assembly  or  a  motor  vehicle. 

(7)  The  introductory  text  of  S9.1.3  is  revised  to  reac' 
as  follows:  ^ 

S9.1.3  Assemblies.  Each  vacuum  brake  hose  assem- 
bly made  with  end  fittings  that  are  attached  by  crimp- 
ing or  swaging  and  each  plastic  tube  assembly  made 
with  end  fittings  that  are  attached  by  heat  shrinking 
or  dimensional  interference  fit,  except  those  sold  as 
part  of  a  motor  vehicle,  shall  be  labeled  by  means  of 
a  band  around  the  brake  hose  assembly  as  specified  in 
this  paragraph  or,  at  the  option  of  the  manufacturer, 
by  means  of  labeling  as  specified  in  S9. 1.3.1.  The  band 
may  at  the  manufacturer's  option  be  attached  so  as  to 
move  freely  along  the  length  of  the  assembly,  as  long 
as  it  is  retained  by  the  end  fittings.  The  band  shall  be 
etched,  embossed,  or  stamped  in  block  capital  letters, 
numerals  or  symbols  at  least  one-eighth  of  an  inch  high, 
with  the  following  information: 

(8)  S12  and  S13  are  removed. 


Issued  on  September  30,  1991. 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  50520 
October  7,  1991 


PART  571;  S106-PRE 


FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  106 


Brake  Hoses 


51.  Scope.  This  standard  specifies  labeling 
and  performance  requirements  for  motor  vehicle 
brake  hose,  brake  hose  assemblies,  and  brake 
hose  end  fittings. 

52.  Purpose.  The  purpose  of  this  standard  is 
to  reduce  deaths  and  injuries  occurring  as  a 
result  of  brake  system  failure  from  pressure  or 
vacuum  loss  due  to  hose  or  hose  assembly  rupture. 

53.  Application.  This  standard  applies  to 
passenger  cars,  multipurpose  passenger  vehicles, 
trucks,  buses,  trailers,  and  motorcycles,  and  to 
hydraulic,  air,  and  vacuum  brake  hose,  brake 
hose  assemblies,  and  brake  hose  end  fittings  for 
use  in  those  vehicles. 

54.  Definitions. 

Armor  means  protective  material  installed  on  a 
brake  hose  to  increase  the  resistance  of  the  hose  or 
hose  adssembly  ot  abrasion  or  mimpact  damage. 

Brake  hose  means  a  flexible  conduit,  other  than  a 
vacuum  tubing  connector,  manufactured  for  use  in 
a  brake  system  to  transit  or  contain  the  fluid 
pressure  or  vacuum  used  to  apply  force  to  a 
vehicle's  brakes. 

Brake  hose  assembly  means  a  brake  hose,  with 
or  without  armor,  equipped  with  end  fittings  for 
use  in  a  brake  system,  but  does  not  include  and  air 
or  vacuum  assembly  prepared  by  the  owner  or 
operator  of  a  used  vehicle,  by  his  employee,  or  by  a 
repair  facility,  for  installation  in  that  used  vehicle. 
Brake  hose  and  fittings  means  a  coupler  other  than 
a  clamp,  designed  for  attachment  to  the  end  of  a 
brake  hose. 

Free  length  means  the  linear  measurement  of 
hose  exposed  between  the  end  fittings  of  a  hose 
assembly  in  a  straight  position. 


Permanently  attached  end  fitting  means  an  end 
fitting  that  is  attached  by  deformation  of  the 
fitting  about  the  hose  by  crimping  or  swaging, 
or  an  end  fitting  that  is  attached  by  use  of  a 
sacrificial  sleeve  or  ferrule  that  requires  replace- 
ment each  time  a  hose  assembly  is  rebuilt. 

Rupture  means  any  failure  that  results  in  separa- 
tion of  a  brake  hose  from  its  end  fitting  or  in 
leakage. 

For  hose,  a  dimensional  description  such  as 
"V4-inch  hose"  refers  to  the  nominal  inside  diam- 
eter. For  tubing,  a  dimensional  description  such 
as  "V4-inch  tubing"  refers  to  the  nominal  outside 
diameter. 

Vacuum  tubing  connector  means  a  flexible 
conduit  of  vacuum  that  (i)  connects  metal  tub- 
ing to  metal  tubing  in  a  brake  system,  (ii)  is 
attached  without  end  fittings,  and  (iii)  when  in- 
stalled, has  an  unsupported  length  less  than  the 
total  length  of  those  portions  that  cover  the  metal 
tubing. 

S5.  Requirements— Hydraulic  brake  hose,  brake 
hose  assemblies,  and  brake  hose  end  fittings. 

55.1  Construction.  Each  hydraulic  brake  hose 
assembly  shall  have  permanently  attached  brake 
hose  end  fittings  which  are  attached  by  deforma- 
tion of  the  fitting  about  the  hose  by  crimping  or 
swaging. 

55.2  Labeling. 

S5.2.1  Each  hydraulic  brake  hose,  [except  hose 
sold  as  part  of  a  motor  vehicle,!  shall  have  at  least 
two  clearly  identifiable  stripes  of  at  least  one- 
sixteenth  of  an  inch  in  width,  placed  on  opposite 
sides  of  the  brake  hose  parallel  toits  longitudinal 
axis.  One  stripe  may  be  interrupted  by  the  informa- 
tion required  by  S5.2.2,  and  the  other  stripe  may  be 


(Rev.  10/7/91) 


PART  571;  S  106-1 


interrupted  by  additional  information  at  the 
manufacturer's  option.  However,  hydraulic  brake 
hose  manufactured  for  use  only  in  an  assembly 
whose  end  fittings  prevent  its  installation  in  a 
twisted  orientation  in  either  side  of  the  vehicle, 
need  not  meet  the  requirements  of  S5.2.1.  (56  F.R. 
50520— October  7, 1991.  Effective  November  6, 1991)1 

S5.2.2  Each  hydraulic  brake  hose  shall  be  la- 
beled, or  cut  from  bulk  hose  that  is  labeled,  at  in- 
tervals of  not  more  than  6  inches,  measured  from 
the  end  of  one  legend  to  the  beginning  of  the  next, 
in  block  capital  letters  and  numerals  at  least  one- 
eighth  of  an  inch  high,  with  the  information  listed 
in  paragraphs  (a)  through  (e)  of  this  section.  [The 
information  need  not  be  present  on  hose  that  is 
sold  as  part  of  a  brake  hose  assembly  or  a  motor 
vehicle.  (56  F.R.  50520— October  7,  1991.  Effective 
November  6,  1991)1 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  hose  manufacturer  that  the  hose  conforms 
to  all  applicable  motor  vehicle  safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose,  which  shall  be  filed  in  writing 
with:  Office  of  Crash  Avoidance,  Handling  and 
Stability  Division,  National  Highway  Traffic  Safety 
Administration,  400  Seventh  Street,  S.W., 
Washington,  D.C.  20590.  The  marking  may  consist 
of  a  designation  other  than  block  capital  letters 
required  by  S5.2.2. 

(c)  The  month,  day,  and  year,  or  the  month  and 
year,  of  manufacture,  expressed  in  numerals.  For 
example,  10/1/74  means  October  1,  1974. 

(d)  The  nominal  inside  diameter  of  the  hose  ex- 
pressed in  inches  or  fractions  of  inches,  or  in 
millimeters  followed  by  the  abbreviation  "mm." 

(e)  Either  "HR"  to  indicate  that  the  hose  is 
regular  expansion  hydraulic  hose  or  "HL"  to  in- 
dicate that  the  hose  is  low  expansion  hydraulic 


55.2.3  Reserved 

55.2.4  [Each  hydraulic  brake  hose  assembly, 
except  those  sold  as  part  of  a  motor  vehicle,l  shall 
be  labeled  by  means  of  a  band  around  the  brake 
hose  assembly  as  specified  in  this  paragraph  or,  at 
the  option  of  the  manufacturer,  by  means  of  label- 
ing as  specified  in  S 5. 2. 4.1.  The  band  may  at  the 
manufacturer's  option  be  attached  so  as  to  move 


freely  along  the  length  of  the  assembly,  as  long  as 
it  is  retained  by  the  end  fittings.  The  band  shall 
be  etched,  embossed,  or  stamped  in  block  capitals 
letters,  numerals,  or  symbols  at  least  one-eighth  of 
an  inch  hight  with  the  following  information:  (56 
F.R.  50520— October  7,  1991.  Effective  November  6, 
1991) 

(a)  The  symbol  DOT  constituting  certification 
by  the  hose  assembler  that  the  hose  assembly 
conforms  to  all  appUcable  motor  vehicle  safety 
standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose  assembly,  which  shall  be  filed 
in  writing  with:  Office  of  Vehicle  Safety  Stand- 
ards, Crash  Avoidance  Division,  National  High- 
way Traffic  Safety  Administration,  400  Seventh 
Street,  S.W.,  Washington,  D.C.  20590.  The 
designation  may  consist  of  block  capital  letters, 
numerals,  or  a  symbol. 

S5.2.4.1  At  least  one  end  fitting  of  a  hydraulic 
brake  hose  assembly  shall  be  etched,  stamped,  or 
embossed  with  a  designation  at  least  one-sixteenth 
of  an  inch  high  that  identifies  the  manufacturing 
of  the  hose  assembly  and  is  filed  in  accordance 
with  S5.2.4(b). 

S5.3  Test  requirements.  A  hydraulic  brake 
hose  assembly  or  appropriate  part  thereof  shall  be 
capable  of  meeting  any  of  the  requirements  set 
forth  under  this  heading,  when  tested  under  the 
conditions  of  Sll  and  the  appHcable  procedures  of 
S6.  However,  a  particular  hose  assembly  or 
appropriate  part  thereof  need  not  meet  further 
requirements  after  having  been  subjected  to  and 
having  met  the  constriction  requirement  (S5.3.1) 
and  any  one  of  the  requirements  specified  in  S5.3.2 
through  S5.3.11. 

55.3.1  Constriction.  Except  for  that  part  of 
an  end  fitting  which  does  not  contain  hose,  every 
inside  diameter  of  any  section  of  a  hydraulic 
brake  hose  assembly  shall  be  not  less  than  64 
percent  of  the  nominal  inside  diameter  of  the 
brake  hose. 

55.3.2  Expansion    and    burst    strength.    The 

maximum  expansion  of  a  hydraulic  brake  hose 
assembly  at  1,000  psi  and  1,500  psi  shall  not 
exceed   the   values   specified   in   Table   I   (S6.1). 


(Rev.  10/7/91) 


PART  571;  S  106-2 


Table  1- 

-Maximum  Expansion 

of  Free  L 

engtt 

1  Brake  Hose,  edit. 

Test  Pressure 

Hydraulic  Brake  Hose, 
inside  diameter 

Regular 

Expansion 

Hose 

,000 

psi 

Low 

Expansion 

Hose 

Regular 

Expansion 

Hose 

1,500 

psi 

Low 

Expansion 

Hose 

0.66 
0.86 
L04 

0.33 
0.55 
0.82 

0.79 
1.02 
1.30 

0.42 

^16  inch  for  4  to  5  mm] 

0.72 

Vi  inch  or  for  16  mmlmore 

1.17 

The  hydraulic  brake  hose  assembly  shall  then 
withstand  water  pressure  of  4,000  psi  for  2  min- 
utes without  rupture,  and  shall  not  rupture  at 
less  than  5,000  psi  (S6.2). 

55.3.3  Whip  resistance.  A  hydraulic  brake 
hose  assembly  shall  not  rupture  when  run  con- 
tinuously on  a  flexing  machine  for  35  hours 
(S6.3). 

55.3.4  Tensiie  strength.  A  hydraulic  brake 
hose  assembly  shall  withstand  a  pull  of  325 
pounds  without  separation  of  the  hose  from  its 
end  fittings  (S6.4). 

55.3.5  Water    absorption    and    burst    strength. 

A  hydraulic  brake  hose  assembly,  after  immer- 
sion in  water  for  70  hours  (S6.5),  shall  with- 
stand water  pressure  of  4,000  psi  for  2  minutes, 
and  then  shall  not  rupture  at  less  than  5,000  psi 
(S6.2). 

55.3.6  Water  absorption  and  tensile  strength.  A 
hydraulic  brake  hose  assembly,  after  immersion  in 
water  for  70  hours  (S6.5),  shall  withstand  a  pull  of 
325  pounds  without  separation  of  the  hose  from  its 
end  fittings  (S6.4). 

55.3.7  Water  absorption  and  whip  resistance.  A 

hydraulic  brake  hose  assembly,  after  immersion  in 
water  for  70  hours  (S6.5),  shall  not  rupture  when 
run  continuously  on  a  flexing  machine  for  35  hours 
(S6.3). 

55.3.8  Low-temperature      resistance.     A 

hydraulic  brake  hose  conditioned  at  minus  40°F  for 


70  hours  shall  not  show  cracks  visible  without 
magnification  when  bent  around  a  cylinder  as 
specified  in  S6.6  (S6.6) 

S5.3.9  Bralte  fluid  compatibility,  constriction,  and 
burst  strength.  [Except  for  brake  hose  assemblies 
designed  for  use  with  mineral  or  petroleum-based 
brake  fluids,  a  hydraulic  brake  hose  assembly  shall 
meet  the  constriction  requirement  of  S5.3.1  after 
having  been  subjected  to  a  temperature  of  200 °F 
for  70  hours  while  filled  with  SAE  RM-66-03  com- 
patibility brake  fluid,  as  described  in  Appendix  A 
of  SAE  Standard  J1703  NOV  83,  "Motor  Vehicle 
Brake  Fluid,"  November  1983  (S6.7).  It  shall  then 
withstand  water  pressure  of  4,000  psi  for  2 
minutes  and  thereafter  shall  not  rupture  at  less 
than  5,000  psi  (S6.2).  (SAE  RM-1  compatibility 
fluid,  as  decribed  in  Appendix  A  of  SAE  Standard 
J1703b,  "Motor  Vehicle  Brake  Fluid,"  July  1970, 
may  be  used  in  place  of  SAE  RM-66-03  until 
November  3,  1986. 

5.3.10  Ozone  resistance.  A  hydraulic  brake 
hose  shall  not  show  cracks  visible  under  7-power 
magnification  after  exposure  to  ozone  for  70 
hours  at  140°F  (S6.8). 

S5.3.11  End  fitting  corrosion  resistance.  After 
24  hours  of  exposure  to  salt  spray,  a  hydraulic 
brake  hose  end  fitting  shall  show  no  base  metal 
corrosion  on  the  end  fitting  surface  except  where 
crimping  or  the  application  of  labeling  information 
has  caused  displacement  of  the  protective  coating 
(S6.9). 


PART  571;  S  106-3 


S6.    Test    procedures— Hydraulic    brake    hose, 
brake  hose  assemblies,  and  brake  hose  end  fittings. 

S6.1     Expansion  test. 

S6.1.1     Apparatus.    Utilize    a    test    apparatus 
(as  shown  in  Figure  1)  wliich  consists  of: 


I         "        I      I      LENGTH 


m 


"< 


Fig,  1 -Expansion  Test  Apparatus 

(a)  Source  for  required  fluid  pressure; 

(b)  Test  fluid  of  water  without  any  additives 
and  free  of  gases. 

(c)  Reservoir  for  test  fluid; 

(d)  Pressure  gauges; 

(e)  Brake  hose  end  fittings  in  which  to  mount 
the  hose  vertically;  and 

(f)  Graduated  burette  with  0.05  cc  increments. 

S6.1.2    Preparation. 

(a)  Measure  the  free  length  of  the  hose  as- 
sembly. 

(b)  Mount  the  hose  so  that  it  is  in  a  vertical 
straight  position  without  tension  when  pressure 
is  applied. 

(c)  Fill  the  hose  with  test  fluid  and  bleed  all 
gases  from  the  system. 

(d)  Close  the  valve  to  the  burette  and  apply 
1,500  psi  for  10  seconds;  then  release  pressure. 

PART  571: 


S6.1.3  Calculation  of  expansion  at  1,000  and 
1,500  psi. 

(a)  Adjust  the  fluid  level  in  the  burette  to 
zero. 

(b)  Close  the  valve  to  the  burette,  apply  pres- 
sure at  the  rate  of  15,000  psi  per  minute,  and 
seal  1,000  psi  in  the  hose  (1,500  psi  in  second 
series). 

(c)  After  3  seconds  open  the  valve  to  the 
burette  for  10  seconds  and  allow  the  fluid  in  the 
expanded  hose  to  rise  into  the  burette. 

(d)  Repeat  the  procedure  in  steps  (b)  and 
(c)  twice.  Measure  the  amount  of  test  fluid 
which  has  accumulated  in  the  burette  as  a  result 
of  the  three  applications  of  pressure. 

(e)  Calculate  the  volumetric  expansion  per 
foot  by  dividing  the  total  accumulated  test  fluid 
by  3  and  further  dividing  by  the  free  length  of 
the  hose  in  feet. 


56.2  Burst  strength  test. 

(a)  Connect  the  brake  hose  to  a  pressure  sys- 
tem and  fill  it  completely  with  water,  allowing 
all  gases  to  escape. 

(b)  Apply  water  pressure  of  4,000  psi  at  a 
rate  of  15,000  psi  per  minute. 

(c)  After  2  minutes  at  4,000  psi,  increase  the 
pressure  at  the  rate  of  15,000  psi  per  minute 
until  the  pressure  exceeds  5,000  psi. 

56.3  Whip  resistance  test. 

S6.3.1  Apparatus.  Utilize  test  apparatus  that 
is  dynamically  balanced  and  includes: 

(a)  A  movable  header  consisting  of  a  hori- 
zontal bar  equipped  with  capped  end  fittings 
and  mounted  through  bearings  at  each  end  to 
points  4  inches  from  the  center  of  two  vertically 
rotating  disks  whose  edges  are  in  the  same 
vertical  plane; 

(b)  An  adjustable  stationary  header  parallel 
to  the  movable  header  in  the  same  horizontal 
plane  as  the  centers  of  the  disks,  and  fitted  with 
open  end  fittings; 

(c)  An  elapsed  time  indicator;  and 

(d)  A  source  of  water  pressure  connected  to 
the  open  end  fittings. 

S  106-4 


S6.3.2     Preparation. 

(a)  Remove  all  external  appendages  including, 
but  not  limited  to,  hose  armor,  chafing  collars, 
mounting  brackets,  date  bands  and  spring  guards. 

(b)  Measure  the  hose  free  length. 

(c)  Mount  the  hose  in  the  whip  test  machine  in- 
troducing slack  as  specified  in  Table  II  for  the  size 
hose  tested,  measuring  the  projected  length  parallel 
to  the  axis  of  the  rotating  disks.  The  manufacturer 
may,  at  his  option,  adapt  the  fitting  attachment 
points  to  permit  mounting  hose  assemblies  equipped 
with  angled  or  other  special  fittings  in  the  same 
orientation  as  hose  assemblies  equipped  with 
straight  fittings. 

Table  II— Hose  Lengths 


Slack,  inches 

Free  length  between  end 
fittings,  inches 

%-inch  lor  3 

mm|  hose  or 

less 

more  than  ^-inch 
|or  3  mm|  hose 

8  to  15V2,  inclusive 
10  to  15V2,  inclusive 
Over  15'/2  to  19  inclusive 
Over  19  to  24,  inclusive 

1.750 

1.250 
0.750 

1.000 

S6.3.3    Operation. 

(a)  Apply  235  psi  water  pressure  and  bleed  all 
gases  from  the  system. 

(b)  Drive  the  movable  head  at  800  rpm. 

56.4  Tensile  strength  test.  Utilize  a  tension 
testing  machine  conforming  to  the  requirements  of 
the  methods  of  Verification  of  Testing  Machines 
(1964  American  Society  for  Testing  and  Materials, 
Designation  E4),  and  provided  with  a  recording 
device  to  give  the  total  pull  in  pounds. 

56.4.1  Preparation.  Mount  the  hose  assembly 
to  ensure  straight,  evenly  distributed  machine  pull. 

56.4.2  Operation.  Apply  tension  at  a  rate  of  1 
inch  per  minute  travel  of  the  moving  head  until 
separation  occurs. 

56.5  Water  absorption  sequence  tests. 

(Rev.  2/1/85)  PART  571; 


56.5.1  Preparation.  Prepare  three  hose  assem- 
blies as  follows: 

(a)  Remove  1%  inches  of  hose  cover,  if  any, 
from  the  center  of  the  hose  assemblies  without 
injury  to  any  reinforcing  material  or  elongation  of 
the  hose  assemblies. 

(b)  Measure  the  free  length  of  the  hose 
assemblies. 

56.5.2  Immersion  and  sequence  testing. 

(a)  Immerse  the  hose  assemblies  in  distilled 
water  for  70  hours. 

(b)  Thirty  minutes  after  removal  from  water, 
conduct  tests  S6.2,  S6.3,  and  S6.4,  using  a  dif- 
ferent hose  for  each  sequence. 


S6.6    Low  temperature  resistance  test. 

56.6.1  Preparation. 

(a)  Remove  hose  armor,  if  any,  and  condition  a 
hose  in  a  straight  position  in  air  at  minus  40  °F  for 
70  hours. 

(b)  [Condition  a  cylinder  in  air  at  minus  40  °F  for 
70  hours,  using  a  cylinder  of  2V2  inches  in  diameter 
for  test  of  hose  less  than  J^^-inch  or  3  mm  3  inches 
for  tests  of  %-inch  or  3  mm  hose,  3V2  inches  for 
tests  of  %6-inch  and  V4-inch  hose  or  of  4  to  6  mm 
hose,  and  4  inches  for  tests  of  hose  greater  than  V4 
inch  or  6  mm  in  diameter.  (50  F.R.  4691— February 
1,  1985.  Effective:  June  3,  1985)1 

56.6.2  Flexibility  testing.  Bend  the  conditioned 
hose  180  degrees  around  the  conditioned  cylinder 
at  a  steady  rate  in  a  period  of  3  to  5  seconds. 
Examine  without  magnification  for  cracks. 


S6.7     Braise  fluid  compatibility  test. 

S6.7.1     Preparation. 

(a)  Attach  a  hose  assembly  below  a  1-pint 
reservoir  filled  with  100  ml  of  SAE  RM-1  com- 
patibility fluid  as  shown  in  Figure  2. 

(b)  Fill  the  hose  assembly  with  brake  fluid,  seal 
the  lower  end,  and  place  the  test  assembly  in  an 
oven  in  a  vertical  position. 

S  106-5 


1  PINT  RESERVOIR 


F[g   2  Brake  Fluid  Compatabtlity  Apparatus 

6.7.2     Oven  treatment. 

(a)  Condition  the  hose  assembly  at  200°  F 
for  70  hours. 

(b)  Cool  the  hose  assembly  at  room  tempera- 
ture for  30  minutes. 

(c)  Drain  the  brake  hose  assembly,  immedi- 
ately determine  that  every  inside  diameter  of 
any  section  of  the  hose  assembly,  except  for  that 
part  of  an  end  fitting  which  does  not  contain 
hose,  is  not  less  than  64  percent  of  the  nominal 
inside  diameter  of  the  hose,  and  conduct  the 
test  specified  in  S6.2. 

S6.8  Ozone  resistance  test.  Utilize  a  cylinder 
with  a  diameter  eight  timis  the  nominal  outside 
diameter  of  the  brake  hose  excluding  armor. 

56.8.1  Preparation.  After  removing  any  ar- 
mor, bind  a  hydraulic  brake  hose  360°  around 
the  cylinder.  In  the  case  of  hose  shorter  than 
the  circumference  of  the  cylinder,  bend  the  hose 
so  that  as  much  of  its  length  as  possible  is  in  con- 
tact. 

56.8.2  Exposure  to  ozone. 

(a)  Condition  the  hose  on  the  cylinder  in  air 
at  room  temperature  for  24  hours. 

PART  571 


(b)  Immediately  thereafter,  condition  the 
hose  on  the  cylinder  for  70  hours  in  an  exposure 
chamber  having  an  ambient  air  temperature  of 
104°  F  during  the  test  and  containing  air  mixed 
with  ozone  in  the  proportion  of  50  parts  of 
ozone  per  100  million  parts  of  air  by  volume. 

(c)  Examine  the  hose  for  cracks  under  7-power 
magnification,  ignoring  areas  immediately  adja- 
cent to  or  within  the  area  covered  by  binding. 

S6.9  End  fitting  corrosion  resistance  test.  Uti- 
lize the  apparatus  described  in  ASTM  B117-64, 
"Salt  Spray  (Fog)  Testing." 

56.9.1  Construction.  Construct  the  salt  spray 
chamber  so  that: 

(a)  The  construction  material  does  not  affect 
the  corrosiveness  of  the  fog; 

(b)  The  hose  assembly  is  supported  or  sus- 
pended 30°  from  the  vertical  and  parallel  to  the 
principal  direction  of  the  horizontal  flow  of  fog 
through  the  chamber; 

(c)  The  hose  assembly  does  not  contact  any 
metallic  material  or  any  material  capable  of 
acting  as  a  wick; 

(d)  Condensation  which  falls  from  the  as- 
sembly does  not  return  to  the  solution  reservoir 
for  respraying; 

(e)  Condensation  from  any  source  does  not 
fall  on  the  brake  hose  assemblies  or  the  solution 
collectors;  and 

(f)  Spray  from  the  nozzles  is  not  directed 
onto  the  hose  assembly. 

56.9.2  Preparation. 

(a)  Plug    each    end    of    the    hose    assembly. 

(b)  Mix  a  salt  solution  five  parts  by  weight 
of  sodium  chloride  to  95  parts  of  distilled  water, 
using  sodium  chloride  substantially  free  of  nickel 
and  copper,  and  containing  on  a  dry  basis  not 
more  than  0.1  percent  of  sodium  iodide  and  not 
more  than  0.3  percent  total  impurities.  Ensure 
that  the  solution  is  free  of  suspended  solids  be- 
fore the  solution  is  atomized. 

(c)  After  atomization  at  95°  F  ensure  that 
the  collected  solution  is  in  the  pH  range  of  6.5 
to  7.2.    Make  the  pH  measurements  at  77°  F. 

S   106-6 


(d)  Maintain  a  compressed  air  supply  to  the 
nozzle  or  nozzles  free  of  oil  and  dirt  and  between  10 
to  25  psi. 

S6.9.3  Operation.  Subject  the  brake  hose 
assembly  to  the  salt  spray  continuously  for  24 
hours. 

(a)  Regulate  the  mixture  so  that  each  collector  will 
collect  from  1  to  2  ml  of  solution  per  hour  for  each  80 
square  centimeters  of  horizontal  collecting  area. 

(b)  Maintain  exposure  zone  temperature  at  95°  F. 

(c)  Upon  completion,  remove  the  salt  deposit 
from  the  surface  of  the  hoses  by  washing  gently 
or  dipping  in  clean  running  water  not  warmer 
than  100°  F  and  then  drying  immediately. 

S7.  Requirements— Air  braise  hose,  bral<e  hose 
assemblies,  and  brake  hose  end  fittings. 

57.1  Construction.  Each  air  brake  hose 
assembly  shall  be  equipped  with  permanently 
attached  brake  hose  end  fittings  or  reusable  brake 
hose  end  fittings.  Each  air  brake  hose  constructed 
of  synthetic  or  natural  elastomeric  rubber  intended 
for  use  with  reusable  end  fittings  shall  conform  to 
the  dimensional  requirements  specified  in  Table 
III. 

57.2  Labeling. 

S7.2.1  Hose.  Each  air  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled, 
at  intervals  of  not  more  than  6  inches,  measured 


from  the  end  of  one  legend  to  the  beginning  of  the 
next,  in  block  capital  letters  and  numerals  at  least 
one-eighth  of  an  inch  high,  with  the  information 
listed  in  paragraphs  (a)  through  (e)  of  this  section. 
[The  information  need  not  be  present  on  hose  that 
is  sold  as  part  of  a  brake  hose  assembly  or  a  motor 
vehicle.  (56  F.R.  50520— October  7,  1991.  Effective 
November  6,  1991)1 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  hose  manufacturer  that  the  hose  conforms 
to  all  applicable  motor  vehicle  safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose,  which  shall  be  filed  in  writing 
with:  Office  of  Vehicle  Safety  Standards,  Crash 
Avoidance  Division,  National  Highway  Traffic 
Safety  Administration,  400  Seventh  Street,  S.W., 
Washington,  D.C.  20590.  The  designation  may 
consist  of  block  capital  letters,  numerals,  or  a 
symbol. 

(c)  The  month,  day,  and  year,  or  the  month  and 
year,  of  manufacture,  expressed  in  numerals.  For 
example,  10/1/74  means  October  1,  1974. 

(d)  The  nominal  inside  diameter  of  the  hose 
expressed  in  inches  or  fractions  of  inches  or  in 
millimeters,  or  the  nominal  outside  diameter  of 
plastic  tubing  expressed  in  inches  or  fractions  of 
inches  or  in  millimeters  followed  by  the  letters  OD. 
The  abbreviation  "mm"  shall  follow  hose  sizes  that 
are  expressed  in  millimeters.  (Examples  of  inside 
diameter:  %,  y^  (Yz  SP  in  the  case  of  V2  inch  special 
air  brake  hose),  4  mm,  6  mm.  Examples  of  outside 
diameter:  V4  OD,  12  mm  OD.). 


Table  Ill-Air  Brake 

Hose  Dimensions  for  Reusable  Assemblies 

Size, 
inches 

Inside  Diameter 
Tolerance,  inches 

TYPE  I 
O.D.,  inches 
Min        Max 

TYPE  II 
O.D.,  inches 
Min        Max 

yis 

+  0.026 
-0.000 

0.472 

0.510 

0.500 

0.539 

1/4 

+  0.031 
-0.000 

0.535 

0.573 

0.562 

0.602 

%6 

+  0.031 
-0.000 

0.598 

0.636 

0.656 

0.695 

% 

±0.023 

0.719 

0.781 

0.719 

0.781 

'%2 

+  0.031 
-0.000 

0.714 

0.760 

0.742 

0.789 

V2 

+  0.039 
-0.000 

0.808 

0.854 

0.898 

0.945 

% 

+  0.042 
-0.000 

0.933 

0.979 

1.054 

1.101 

Vz  special 

±0.031 

0.844 

0.906 

0.844 

0.906 

PART  571;  S  106-7 


(e))  The  letter  "A"  shall  indicate  intended  use  in 
air  brake  systems.  In  the  case  of  a  hose  con- 
structed of  synthetic  or  natural  elastomeric  rubber 
intended  for  use  in  a  reusable  assembly,  "AI"  or 
"AH"  shall  indicate  Type  I  or  Type  II  dimensional 
characteristics  of  the  hose  as  described  in  Table 
III. 

57.2.2  End  fittings.  Except  for  an  end  fitting 
that  is  attached  by  deformation  of  the  fitting  about 
a  hose  by  crimping  or  swaging,  at  least  one  compo- 
nent of  each  air  brake  hose  fittings  shall  be  etched, 
embossed,  or  stamped  in  block  capital  letters  and 
numerals  at  least  one-sixteenth  of  an  inch  high 
with  the  following  information: 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  manufacturer  of  that  component  that  the 
component  conforms  to  all  applicable  motor  vehi- 
cle safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  that  component  of  the  fitting,  which  shall 
be  filed  in  writing  with:  Office  of  Vehicle  Safety 
Standards,  Crash  Avoidance  Division,  National 
Highway  Traffic  Safety  Administration,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 
The  designation  may  consist  of  block  capital  let- 
ters, numerals,  or  a  symbol. 

(c)  The  letter  "A"  shall  indicate  intended  use  in 
air  brake  systems.  In  the  case  of  an  end  fitting  in- 
tended for  use  in  a  reusable  assembly  with  brake 
hose  subject  to  Table  III,  "AI"  or  "AH"  shall  in- 
dicate use  with  Type  I  or  Type  II  hose,  respec- 
tively. 

(d)  The  nominal  inside  diameter  of  the  hose  to 
which  the  fitting  is  properly  attached  expressed  in 
inches  or  fractions  of  inches  or  in  millimeters,  or 
the  outside  diameter  of  the  plastic  tubing  to  which 
the  fitting  is  properly  attached  expressed  in  inches 
or  fractions  of  inches  or  in  millimeters  followed  by 
the  letters  OD  (See  examples  in  S7.2.1(d)).  The  ab- 
breviations "mm"  shall  follow  hose  sizes  that  are 
expressed  in  millimeters. 

57.2.3  Assemblies.  Each  air  brake  hose 
assembly  made  with  end  fittings  that  are  attached 
by  crimping  or  swaging,  f  except  those  sold  as  part 
of  a  motor  vehicle,!  shall  be  labeled  by  means  of  a 
band  around  the  brake  hose  assembly  as  specified 
in  this  paragraph  or,  at  the  option  of  the  manufac- 
turer, by  means  of  labeling  as  specified  in  S7.2.3.1. 


The  band  may  at  the  manufacturer's  option  be  at- 
tached so  as  to  move  freely  along  the  length  of  the 
assembly,  as  long  as  it  is  retained  by  the  end  fit- 
tings. The  band  shall  be  etched,  embossed,  or 
stamped  in  block  capital  letters,  numerals,  or  sym- 
bols at  least  one-eighth  of  an  inch  high,  with  the 
following  information:  (56  F.R.  50520— October  6, 
1991.  Effective  November  6,  1991)1 

(a)  The  symbol  DOT,  constituting  certification  by 
the  hose  assembler  that  the  hose  assembly  conforms 
to  all  applicable  motor  vehicle  safety  standards. 

(b)  A  designation  that  identifies  the  manufacturer 
of  the  hose  assembly,  which  shall  be  filed  in  writing 
with:  Office  of  Vehicle  Safety  Standards,  Crash 
Avoidance  Division,  National  Highway  Traffic  Safety 
Administration,  400  Seventh  Street,  S.W., 
Washington,  D.C.  20590.  The  designation  may  con- 
sist of  block  capital  letters,  numerals,  or  a  symbol. 

S7.2.3.1  At  least  one  end  fitting  of  an  air  brake 
hose  assembly  made  with  end  fittings  that  are  at- 
tached by  crimping  or  swaging  shall  be  etched, 
stamped,  or  embossed  with  a  designation  at  least 
one-sixteenth  of  an  inch  high  that  identifies  the 
manufacturer  of  the  hose  assembly  and  is  filed  in 
accordance  with  S7.2.3(b). 

S7.3  Test  requirements.  Each  air  brake  hose 
assembly  or  appropriate  part  thereof  shall  be 
capable  of  meeting  any  of  the  requirements  set 
forth  under  this  heading,  when  tested  under  the 
conditions  of  Sll  and  the  applicable  procedures  of 
S8.  However,  a  particular  hose  assembly  or  ap- 
propriate part  thereof  need  not  meet  further 
requirements  after  having  met  the  constriction  re- 
quirement (S7.3.1)  and  then  having  been  subjected 
to  any  one  of  the  requirements  specified  in  S7.3.2 
through  S7.3.13. 

57.3.1  Constriction.  Except  for  that  part  of  an 
end  fitting  which  does  not  contain  hose,  every  in- 
side diameter  of  any  section  of  an  air  brake  hose 
assembly  shall  be  not  less  than  66  percent  of  the 
nominal  inside  diameter  of  the  brake  hose. 

57.3.2  l-ligh    temperature    resistance.    An    air 

brake  hose  shall  not  show  external  or  internal 
cracks,  charring,  or  disintegration  visible  without 
magnification  when  straightened  after  being  bent 
for  70  hours  at  212°  F  over  a  cylinder  having  the 
radius  specified  in  Table  IV  for  the  size  of  hose 
tested  (S8.1). 


(Rev.  10/7/91) 


PART  571;  S  106-^ 


57.3.3  Low  temperature  resistance.  The  outer 
cover  of  an  air  brake  hose  shall  not  show  cracks 
visible  without  magnification  as  a  result  of  condi- 
tioning at  minus  40°  F  for  70  hours  when  bent 
around  a  cylinder  having  the  radius  specified  in 
Table  IV  for  the  size  of  hose  tested  (S8.2). 

57.3.4  Oil  resistance.  After  immersion  in 
ASTM  No.  3  oil  for  70  hours  at  212°  F  the  volume 
of  a  specimen  prepared  from  the  inner  tube  and 
cover  of  an  air  brake  hose  shall  not  increase  more 
than  100  percent  (S8.3). 

57.3.5  Ozone  resistance.  The  outer  cover  of  an 
air  brake  hose  shall  not  show  cracks  visible  under 
7-power  magnification  after  exposure  to  ozone  for 
70  hours  at  104°  F  (S8.4). 

57.3.6  Length  change.  An  airbrake  hose  shall 
not  contract  in  length  more  than  7  percent  nor 
elongate  more  than  5  percent  when  subjected  to  air 
pressure  of  200  psi  (S8.5).  "(other  than  a  coiled 
nylon  tube  for  use  in  an  assembly  that  meets  the 
requirements  of  §  393.45  of  this  title)"  followed  the 
phrase  "An  air  brake  hose." 

§  7.3.7  Adhesion.  "Except  for  hose  reinforced 
by  wire,"  an  airbrake  hose  shall  withstand  a  tensile 
force  of  8  pounds  per  inch  of  length  before  separa- 
tion of  adjacent  layers  (S8.6). 

57.3.8  Air  pressure.  An  air  brake  hose 
assembly  shall  contain  air  pressure  of  200  psi  for  5 
minutes  without  loss  of  more  than  5  psi  (S8.7). 

57.3.9  Burst  strength.  An  air  brake  hose 
assembly  shall  not  rupture  when  exposed  to 
hydrostatic  pressure  of  800  psi  (S8.8). 

57.3.10  Tensile  strength.  [An  air  brake  hose 
assembly  (other  than  a  coiled  nylon  tube  assem- 
bly which  meets  the  requirements  of  §  393.45  of 


this  title)  designed  for  use  between  frame  and  axle 
or  between  a  towed  and  a  towing  vehicle  shall 
withstand,  without  separation  of  the  hose  from  its 
end  fittings,  a  pull  of  250  pounds  if  it  is  V4  inch  or 
less  or  6  mm  or  less  in  nominal  internal  diameter, 
or  a  pull  of  325  pounds  if  it  is  larger  than  V4  inch  or 
6  mm  in  nominal  internal  diameter.  An  air  brake 
hose  assembly  designed  for  use  in  any  other  ap- 
plication shall  withstand,  without  separation  of  the 
hose  from  its  end  fitting,  a  pull  of  50  pounds  if  it  is 
V4  inch  or  6  mm  or  less  in  nominal  internal 
diameter,  150  pounds  if  it  is  %  or  V2  inch  or  10  mm 
to  12  mm  in  nominal  internal  diameter,  or  325 
pounds  if  it  is  larger  than  Vz  inch  or  12  mm  in 
nominal  internal  diameter  (S8.9).  (50  F.R. 
4691— February  1,  1985.  Effective:  June  3,  1985)] 

57.3.11  Water  absorption  and  tensile  strength. 

(After  immersion  in  distilled  water  for  70  hours 
(S8.10),  an  air  brake  hose  assembly  (other  than  a 
coiled  tube  assembly  which  meets  the  require- 
ments of  §  393.45  of  this  title)  designed  for  use  be- 
tween frame  and  axle  or  between  a  towed  and  a 
towing  vehicle  shall  withstand  without  separation 
of  the  hose  from  its  end  fittings  a  pull  of  250 
pounds  if  it  is  V4  inch  or  6  mm  or  less  in  nominal  in- 
ternal diameter,  or  a  pull  of  325  pounds  if  it  is 
larger  than  V4  inch  or  6  mm  in  nominal  internal 
diameter.  After  immersion  in  distilled  water  for  70 
hours  (S8.10),  an  air  brake  hose  assembly  designed 
for  use  in  any  other  application  shall  withstand 
without  separation  of  the  hose  from  its  end  fitting 
a  pull  of  50  pounds  if  it  is  V4  inch  or  6  mm  or  less  in 
nominal  internal  diameter,  150  pounds  if  it  is  %  or 
V2  inch  or  10  to  12  mm  in  nominal  internal 
diameter,  or  325  pounds  if  it  is  larger  than  V2  inch 
or  12  mm  in  nominal  internal  diameter  (S8.9).  (50 
F.R.  4691— February  1, 1985.  Effective:  June  3, 1985)1 

57.3.12  Zinc  chloride  resistance.  The  outer 
cover  of  an  air  brake  hose  shall  not  show  cracks 
visible  under  7-power  magnification  after  immer- 
sion in  a  50-percent  zinc  chloride  aqueous  solution 
for  200  hours  (S8.ll). 


Table  IV— Air  Brake  Hose  Diameters  and  Test  Cylinder  Radii 


INominal  hose  diameter  in.  * 

% 

%e 

1/4 

%6 

%,   '%2 

'/16,   V2 

% 

mm.  * 

3 

4,  5 

6 

8 

10 

12 

16 

Radius  of  test  cylinder 
in  inches 

IV2 

2 

2'/2 

3 

3V2 

4 

4V2 

*  These  sizes  are  listed  to  provide  test  values  for  brake  hoses  manufactured  in  these  sizes.  They  do  not  represent  conversions.  (50 
F.R.  4691-February  1,  1985.  Effective:  June  3,  1985)1. 

(Rev.  2/1/85)  PART  571;  S  106-9 


S7.3.13  End  fitting  corrosion  resistance.  After 
24  hours  of  exposure  to  spray,  air  brake  hose 
end  fittings  shall  show  no  base  metal  corrosion 
on  the  end  fitting  surface  except  where  crimping 
or  the  application  of  label  information  causes 
a  displacement  of  the  protective  coating. 

S8.  Test  procedures— Air  brake  hose,  bral<e 
hose  assemblies,  and  brake  hose  end  fittings. 

58.1  High  temperature  resistance  test. 

(a)  Utilize  a  cylinder  having  the  radius  indi- 
cated in  Table  IV  for  the  size  of  hose  tested. 

(b)  Bind  the  hose  around  the  cylinder  and 
condition  it  in  an  air  oven  for  70  hours  at  212°F. 

(c)  Cool  the  hose  to  room  temperature,  re- 
move it  from  the  cylinder  and  straighten  it. 

(d)  Without  magnification,  examine  the  hose 
externally  and  cut  the  hose  lengthwise  and 
examine  the  inner  tube. 

58.2  Low  temperature  resistance  test. 

(a)  Utilize  a  cylinder  having  the  radius  indi- 
cated in  Table  IV  for  the  size  of  hose  tested. 

(b)  Condition  the  cylinder  and  the  brake  hose, 
in  a  straight  position,  in  a  cold  box  at  minus 
40°  F  for  70  hours. 

(c)  With  the  hose  and  cylinder  at  minus  40° 
F,  bend  the  hose  180  degrees  around  the  cylinder 
at  a  steady  rate  in  a  period  of  3  to  5  seconds. 

58.3  Oil  resistance  test.  Utilize  three  test 
specimens  and  average  the  results. 

58.3.1  Preparation.  Fashion  a  test  specimen 
by  cutting  a  rectangular  block  2  inches  long  and 
not  less  than  one-third  of  an  inch  in  width,  hav- 
ing a  thickness  of  not  more  than  one-sixteenth 
inch,  from  the  brake  hose  and  buff  the  specimen 
on  both  faces  to  ensure  smooth  surfaces. 

58.3.2  Measurement. 

(a)  Weigh  each  specimen  to  the  nearest  milli- 
gram in  air  (Wl)  and  in  distilled  water  (W2) 
at  room  temperature.  If  wetting  is  necessary 
to  remove  air  bubbles,  dip  the  specimen  in  ace- 
tone and  thoroughly  rinse  it  with  distilled  water. 

(b)  Immerse  each  specimen  in  ASTM  No.  3 
oil   for   70   hours   at  212°   F   and  then   cool   in 


ASTM  No.  3  oil  at  room  temperature  for  30  to 
60  minutes. 

(c)  Dip  the  specimen  quickly  in  acetone  and 
blot  it  lightly  with  filter  paper. 

(d)  Weigh  each  specimen  in  a  tared  weighing 
bottle  (W3)  and  in  distilled  water  (W4)  within 
five  minutes  of  removal  from  the  cooling  liquid. 

(e)  Calculate  the  percentage  increase  in  vol- 
ume as  follows: 

D  ,       f  (W3-W4)-(Wi-W2) 

Percent  of  mcrease-^^ — ^^—^ — ^^ 


(W1-W2) 


^x  100 


58.4  Ozone  resistance  test.  Conduct  the  test 
specified  in  S6.8  using  air  brake  hose. 

58.5  Length  change  test. 

(a)  Position  a  test  hose  in  a  straight,  hori- 
zontal position,  and  apply  air  pressure  of  10  psi 
thereto. 

(b)  Measure  the  hose  to  determine  original 
free  length. 

(c)  Without  releasing  the  10  psi,  raise  the  air 
pressure  to  the  test  hose  to  200  psi. 

(d)  Measure  the  hose  under  200  psi  to  deter- 
mine final  free  length.  An  elongation  or  con- 
traction is  an  increase  or  decrease  respectively, 
in  the  final  free  length  from  the  original  free 
length  of  the  hose. 

58.6  Adhesion  test. 

S8.6.1  Apparatus.  (A  tension  testing  machine 
that  is  power-driven  and  that  applies  a  constant 
rate  of  extension  is  used  for  measuring  the  force 
required  to  separate  the  layers  of  the  test  specimen. 
The  apparatus  is  constructed  so  that: 

(a)  The  recording  head  includes  a  freely  ro- 
tating form  with  an  outside  diameter  substan- 
tially the  same  as  the  inside  diameter  of  the  hose 
specimen  to  be  placed  on  it. 

(b)  The  freely  rotating  form  is  mounted  so 
that  its  axis  of  rotation  is  in  the  plane  of  the 
ply  being  separated  from  the  specimen  and  so 
that  the  applied  force  is  perpendicular  to  the 
tangent  of  the  specimen  circumference  at  the 
line  of  separation. 

(c)  The  rate  of  travel  of  the  power-actuated 
grip  is  a  uniform  one  inch  per  minute  and  the 
capacity  of  the  machine  is  such  that  maximum 
applied  tension  during  the  test  is  not  more  than 
85  percent  nor  less  than  15  percent  of  the  ma- 
chine's rated  capacity. 


(Rev.  1/7/86) 


PART  571;  S  106-10 


(d)  The  machine  produces  a  chart  with  separa- 
tion as  one  coordinate  and  appHed  tension  as  the 
other.  (51  F.R.  603— January  7,  1986,  Effective:  July 
6,  1986)] 

58.6.2  Preparation. 

(a)  Cut  a  test  specimen  of  1  inch  or  more  in 
length  from  the  hose  to  be  tested  and  cut  the  layer 
to  be  tested  of  that  test  specimen  longitudinally 
along  its  entire  length  to  the  level  of  contact  with 
the  adjacent  layer. 

(b)  Peel  the  layer  to  be  tested  from  the  adjacent 
layer  to  create  a  flap  large  enough  to  permit 
attachment  of  the  power-actuated  clamp  of  the 
apparatus. 

(c)  Mount  the  test  specimen  on  the  freely 
rotating  form  with  the  separated  layer  attached  to 
the  power-actuated  clamp. 

58.6.3  Operation.    Reserved 

58.6.4  Calculations. 

(a)  (The  adhesion  value  shall  be  the  minimum 
force  recorded  on  the  chart  excluding  that  portion 
of  the  chart  which  corresponds  to  the  initial  and 
final  20  percent  portion  along  the  displacement 
axis.  (51  F.R.  603— January  7,  1986.  Effective:  July  6, 
1986)]. 

(b)  Express  the  force  in  pounds  per  inch  of 
length. 


S8.7     Air  pressure  test. 

(a)  Connect  the  air  brake  hose  assembly  to  a 
source  of  air  pressure. 

(b)  Apply  200  psi  air  pressure  to  the  hose  and 
seal  the  hose  from  the  source  of  air  pressure. 

(c)  After  5  minutes,  determine  the  air  pressure 
remaining  in  the  test  specimen. 


S8.8     Burst  strength  test. 

(a)  Utilize  an  air  brake  hose  assembly. 

(b)  Fill  the  hose  assembly  with  water,  allowing 
all  gases  to  escape.  Apply  water  pressure  at  a 
uniform  rate  of  increase  of  approximately  1,000  psi 
per  minute  until  the  hose  ruptures. 


S8.9  Tensile  strength  test.  Utilize  a  tension 
testing  machine  conforming  to  the  requirements  of 
the  Methods  of  Verification  of  Testing  Machines 
(1964  American  Society  for  Testing  and  Materials, 
Designation  E4),  and  provided  with  a  recording 
device  to  register  total  pull  in  pounds. 

(a)  Attach  an  air  brake  hose  assembly  to  the 
testing  machine  to  permit  straight,  even,  machine- 
pull  on  the  hose. 

(b)  Apply  tension  at  a  rate  of  1  inch  per  minute 
travel  of  the  moving  head  until  separation  occurs. 


Table  V— Vacuum  Brake  Hose  Test  Requirements 


Hose  inside  diameter* 

High  temperature 

Low  temperature 

Bend 

Deforma- 

resistance 

resistance 

tion- 

Inches 

Millimeters 

Hose 

Radius  of 

Hose 

Radius  of 

Hose 

Maximum 

collapsed 

length, 

cylinder, 

length, 

cylinder 

length. 

collapse  of 

inside 

inches 

inches 

inches 

inches 

inches 

outside 

diameter, 

inches 

(dimension 
D),  inches 

%2 

5 

8 

IV2 

171/2 

3 

7 

"/64 

%4 

V4 

6 

9 

IV2 

17V2 

3 

8 

%2 

Vie 

%2 

9 

PA 

19 

3V2 

9 

■%4 

%4 

'%2 

8 

9 

1% 

19 

3V2 

11 

■y64 

%4 

% 

10 

10 

1% 

19 

31/2 

12 

%2 

%2 

yi6 

11 

2 

2OV2 

4 

14 

■%4 

%4 

•%2 

11 

2 

2OV2 

4 

14 

"/64 

%4 

Vz 

12 

11 

2 

2OV2 

4 

16 

%2 

Vs 

% 

16 

12 

2V4 

22 

4V2 

22 

%2 

%2 

% 

14 

2V2 

24 

5 

28 

%2 

yi6 

1.0 

16 

3V4 

28V2 

6V2 

36 

%2 

1/4 

*  These  sizes  are  listed  to  provide  test  values  for  brake  hoses  in  these  sizes.  They  do  not  represent  conversions. 

(Rev.  1/7/86)  PART  571;  S  106-11 


58.10  Water  absorption  and  tensile  strength 
test.  Immerse  an  air  brake  hose  assembly  in 
distilled  water  at  room  temperature  for  70  hours. 
Thirty  minutes  after  removal  from  the  water,  con- 
duct the  test  specified  in  S8.9. 

58.11  Zinc  chloride  resistance  test.  Immerse 
an  air  brake  hose  in  a  50-percent  zinc  chloride 
aqueous  solution  at  room  temperature  for  200 
hours.  Remove  it  from  the  solution  and  examine  it 
under  7-power  magnification  for  cracks. 

58.12  End  fitting  corrosion  resistance  test.  Con- 
duct the  test  specified  in  S6.9  using  an  air  brake 
hose  assembly. 

S9.  Requirements— vacuum  brake  hose,  brake 
hose  assemblies,  and  brake  hose  end  fittings. 

9.1     Labeling. 

S9.1 .1  Hose.  Each  vacuum  brake  hose  shall  be 
labeled,  or  cut  from  bulk  hose  that  is  labeled,  at  in- 
tervals of  not  more  than  6  inches,  measured  from 
the  end  of  one  legend  to  the  beginning  of  the  next, 
in  block  capital  letters  and  numerals  at  least  one- 
eighth  of  an  inch  high,  with  the  information  listed 
in  paragraphs  (a)  through  (e)  of  this  section.  [The 
information  need  not  be  present  on  hose  that  is 
sold  as  part  of  a  brake  hose  assembly  or  a  motor 
vehicle.  (56  F.R.  50520— October  7,  1991.  Effective 
November  6,  1991)] 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  hose  manufacturer  that  the  hose  conforms 
to  all  applicable  motor  vehicle  safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose,  which  shall  be  filed  in  writing 
with:  Office  of  Vehicle  Safety  Standards,  Crash 
Avoidance  Division,  National  Highway  Traffic 
Safety  Administration,  400  Seventh  Street  S.W., 
Washington,  D.C.  20590.  The  designation  may 
consist  of  block  capital  letters,  numerals,  or  a  sym- 
bol. 

(c)  The  month,  day,  and  year,  or  the  month  and 
year,  of  manufacture,  expressed  in  numerals.  For 
example,  10/1/74  means  October  1,  1974. 

(d)  The  nominal  inside  diameter  of  the  hose  ex- 
pressed in  inches  or  fractions  of  inches  or  in 
millimeters,  or  the  nominal  outside  diameter  of 
plastic  tubing  expressed  in  inches  or  fractions  of 
inches  or  in  millimeters  followed  by  the  letters  OD. 

(Rev.  10/7/91)  PART  571; 


The  abbreviation  "mm"  shall  follow  hose  sizes  that 
are  expressed  in  millimeters.  (Example  of  inside 
diameter:  %2,  V4,  4  mm.  Example  of  outside 
diameter:  V4  OD,  12  mm  OD.) 

(e)  The  letters  "VL"  or  "VH"  shall  indicate  that 
the  component  is  a  light-duty  vacuum  brake  hose 
or  heavy-duty  vacuum  brake  hose,  respectively. 

59.1.2  End  Fittings.  Except  for  an  end  fitting 
that  is  attached  by  heat  shrinking  or  by  in- 
terference fit  with  plastic  vacuum  hose  or  that  is 
attached  by  deformation  of  the  fitting  about  a  hose 
by  crimping  or  swaging,  at  least  one  component  of 
each  vacuum  brake  hose  fitting  shall  be  etched,  em- 
bossed, or  stamped  in  block  capital  letters  and 
numerals  at  least  one-sixteenth  of  an  inch  high 
with  the  following  information: 

(a)  The  symbol  DOT,  constituting  a  certification 
by  the  manufacturer  of  that  component  that  the 
component  conforms  to  all  applicable  motor  vehi- 
cle safety  standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  that  component  of  the  fitting,  which  shall 
be  filed  in  writing  with:  Office  of  Vehicle  Safety 
Standards,  Crash  Avoidance  Division,  National 
Highway  Traffic  Safety  Administration,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 
The  designation  may  consist  of  block  capital 
letters,  numerals,  or  a  symbol. 

(c)  The  letters  "VL"  or  "VH"  shall  indicate  that 
the  end  fitting  is  intended  for  use  in  a  light-duty  or 
heavy-duty  vacuum  brake  system,  respectively. 

(d)  The  nominal  inside  diameter  of  the  hose  to 
which  the  fitting  is  properly  attached  expressed  in 
inches  or  fractions  of  inches  or  in  millimeters,  or 
the  outside  diameter  of  the  plastic  tubing  to  which 
the  fitting  is  properly  attached  expressed  in  inches 
or  fraction  of  inches  or  in  millimeters  followed  by 
the  letters  OD  (See  examples  in  S9.1.1  (d)).  The  ab- 
breviation "mm"  shall  follow  hose  sizes  that  are 
expressed  in  millimeters. 

59.1.3  Assemblies.  Each  vacuum  brake  hose 
assembly  made  with  end  fittings  that  are  attached 
by  crimping  or  swaging  and  each  plastic  tube 
assembly  made  with  end  fittings  that  are  attached 
by  heat  shrinking  or  dimensional  interference  fit, 
[except  those  sold  as  part  of  a  motor  vehicle,!  shall 
be  labeled  by  means  of  a  band  around  the  brake 
hose    assembly    as    specified    in    this    para- 

S  106-12 


graph  or,  at  the  option  of  the  manufacturer,  by 
means  of  labeHng  as  specified  in  S9. 1.3.1  The  band 
may  at  the  manufacturer's  option  attached  so  as  to 
move  freely  along  the  length  of  the  assembly,  as 
long  as  it  is  retained  by  the  end  fittings.  The  band 
shall  be  etched,  embossed,  or  stamped,  in  block 
capital  letters  and  numerals  at  least  one-eighth  of 
an  inch  high,  with  the  following  information:  (56 
F.R.  50520— October  7,  1991.  Effective  November  6, 
1991)1 

(a)  The  symbol  DOT,  constituting  certification 
by  the  hose  assembler  that  the  hose  assembly 
conforms  to  all  applicable  motor  vehicle  safety 
standards. 

(b)  A  designation  that  identifies  the  manufac- 
turer of  the  hose  assembly,  which  shall  be  filed  in 
writing  with:  Office  of  Vehicle  Safety  Standards, 
Crash  Avoidance  Division,  National  Highway 
Traffic  Safety  Administration,  400  Seventh  Street, 
S.W.,  Washington,  D.C.  20590.  The  designation 
may  consist  of  block  capital  letters,  numerals,  or  a 
symbol. 

S9.1.3.1  At  least  one  end  fitting  of  a  vacuum 
brake  hose  assembly  made  with  end  fittings  that 
are  attached  by  crimping  or  swaging,  or  of  a  plastic 
tubing  assembly  made  with  end  fittings  that  are 
attached  by  heat  shrinking  or  dimensional 
interference  fit  shall  be  etched,  stamped,  or 
embossed  with  a  designation  at  least  one-sixteenth 
of  an  inch  high  that  identifies  the  manufacturer  of 
the  hose  assembly  and  is  filed  in  accordance  with 
S9.1.3(b). 

S9.2  Test  requirements.  Each  vacuum  brake 
hose  assembly  or  appropriate  part  thereof  shall  be 
capable  of  meeting  any  of  the  requirements  set 
forth  under  this  heading,  when  tested  under  the 
conditions  of  Sll  and  the  applicable  procedures  of 
SIC.  However,  a  particular  hose  assembly  or 
appropriate  part  thereof  need  not  meet  further 
requirements  after  having  met  the  constriction 
requirement  (S9.2.1)  and  then  having  been  sub- 
jected to  any  one  of  the  requirements  specified  in 
S9.2.2  through  S9.2.11. 

S9.2.1  Constriction.  Except  for  that  part  of 
an  end  fitting  which  does  not  contain  hose,  every 
inside  diameter  of  any  section  of  a  vacuum  brake 
hose  assembly  shall  be  not  less  than  75  percent 
of  the  nominal  inside  diameter  of  the  hose  if  for 


heavy  duty,  or  70  percent  of  the  nominal  inside 
diameter  of  the  hose  if  for  light  duty. 

59.2.2  High  temperature  resistance.  A  vacuum 
brake  hose  shall  not  show  external  or  internal 
cracks,  charring,  or  disintegration  visible  with- 
out magnification  when  straightened  after  being 
bent  for  70  hours  at  212°  F  over  a  cylinder 
having  the  radius  specified  in  Table  V  for  the 
size  of  hose  tested  (SlO.l). 

59.2.3  Low  temperature  resistance.  A  vacuum 
brake  hose  shall  not  show  cracks  visible  without 
magnification  after  conditioning  at  minus  40°  F 
for  70  hours  when  bent  around  a  cylinder  having 
the  radius  specified  in  Table  V  for  the  size  hose 
Tested  (S10.2). 

59.2.4  Ozone  resistance.  A  vacuum  brake 
hose  shall  not  show  cracks  visible  under  7-power 
magnification  after  exposure  to  ozone  for  70 
hours  (S10.3). 

59.2.5  Burst  strength.  A  vacuum  brake  hose 
shall  not  rupture  under  hydrostatic  pressure  of 
350  psi  (S10.4). 

59.2.6  Vacuum.  The  collapse  of  the  outside 
diameter  of  a  vacuum  brake  hose  under  internal 
vacuum  of  26  inches  of  Hg  for  five  minutes 
shall  not  exceed  one-sixteenth  of  an  inch  (S10.5). 

59.2.7  Bend.  The  collapse  of  the  outside 
diameter  of  a  vacuum  brake  hose  at  the  middle 
point  of  the  test  length  when  bent  until  the  ends 
touch  shall  not  exceed  the  values  given  in  Table 
V  for  the  size  of  hose  tested  (S10.6). 

59.2.8  Sweii.  Following  exposure  to  Refer- 
ence Fuel  A,  every  inside  diameter  of  any  sec- 
tion of  a  vacuum  brake  hose  shall  be  not  less  than 
75  percent  of  the  nominal  inside  of  the  hose  if 
for  heavy  duty,  or  70  percent  of  the  nominal 
inside  diameter  of  the  hose  if  for  Hght  duty. 
The  vacuum  brake  hose  shall  show  no  leakage 
and  there  shall  be  no  separation  of  the  inner  tube 
from  the  fabric  reinforcement  of  the  hose  in  a 
vacuum  test  of  26  inches  of  Hg  for  10  minutes 
(S10.7). 


PART  571;  S  106-13 


59.2.9  Adhesion.  "Except  for  hose  reinforced 
by  wire,"  a  vacuum  brake  hose  shall  withstand  a 
force  of  8  pounds  per  inch  of  length  before  separa- 
tion of  adjacent  layers  (S10.8). 

59.2.10  Deformation.  A  vacuum  brake  hose 
shall  return  to  90  percent  of  its  original  outside 
diameter  within  60  seconds  after  five  applications 
of  force  as  specified  in  S10.9,  except  that  a  wire- 
reinforced  hose  need  only  return  to  85  percent  of 
its  original  outside  diameter.  In  the  case  of  heavy- 
duty  hose  the  first  application  of  force  shall  not 
exceed  a  peak  value  of  70  pounds,  and  the  fifth 
appeak  value  of  at  least  40  pounds.  In  the  case  of 
light-duty  hose  the  first  application  of  force  shall 
not  exceed  a  peak  value  of  50  pounds,  and  the  fifth 
application  of  force  shall  reach  a  peak  value  of  at 
least  20  pounds  (S10.9). 

59.2.11  End  fitting  corrosion  resistance.  After 
24  hours  of  exposure  to  salt  spray,  vacuum  brake 
hose  end  fittings  shall  show  no  base  metal  corro- 
sion of  the  end  fitting  surface  except  where  crimp- 
ing or  the  application  of  labeling  information  has 
caused  displacement  of  the  protective  coating. 

S10.  Test  procedures— Vacuum  bralce  hose, 
bralce  hose  assemblies,  and  bralce  hose  and  fittings. 

S10.1  High  temperature  resistance  test.  Con- 
duct the  test  specified  in  S8.1  using  vacuum  brake 
hose  with  the  cylinder  radius  specified  in  Table  V 
for  the  size  of  hose  tested. 


(c)  Measure  the  hose  to  determine  the  mini- 
mum outside  diameter  while  the  hose  is  still  sub- 
ject to  vacuum. 

§  10.6     Bend  test. 

(a)  Bend  a  vacuum  brake  hose,  of  the  length 
prescribed  in  Table  V,  in  the  direction  of  its 
normal  curvature  until  then  ends  just  touch,  as 
shown  in  Figure  3. 

(b)  Measure  the  outside  diameter  of  the  speci- 
men at  point  A  before  and  after  bending. 

(c)  The  difference  between  the  two  measure- 
ments is  the  collapse  of  the  hose  outside  diameter 
on  bending. 


Fig.  3 -Bend  Test  of  Vacuum  Brake  Hose. 


510.2  Low  temperature  resistance  test.  Con- 
duct the  test  specified  in  S8.2  using  vacuum  brake 
hose  with  the  cylinder  radium  specified  in  Table  V 
for  the  size  of  hose  tested. 

510.3  Ozone  resistance  test.  Conduct  the  test 
specified  in  S6.8  using  vacuum  brake  hose. 

510.4  Burst  strength  test.  Conduct  the  test 
specified  in  S8.8  using  vacuum  brake  hose. 

510.5  Vacuum  test.  Utilize  a  12-inch  vacuum 
brake  hose  assembly  sealed  at  one  end. 

(a)  Measure  the  hose  outside  diameter. 

(b)  Attach  the  hose  to  a  source  of  vacuum 
and  subject  it  to  a  vacuum  of  26  inches  of  Hg 
for  5  minutes. 


S10.7    Swell  test. 

(a)  Fill  a  specimen  of  vacuum  brake  hose  12 
inches  long  with  Reference  Fuel  A  as  described 
in  the  Method  of  Test  for  Change  in  Properties 
of  Elastomeric  Vulcanizers  Resulting  From  Im- 
mersion in  Liquids  (1964  American  Society  for 
Testing  and  Materials  Designation  D471). 

(b)  Maintain  reference  fuel  in  the  hose  under 
atmospheric  pressure  at  room  temperature  for 
48  hours. 

(c)  Remove  fuel  and  determine  that  every 
inside  diameter  of  any  section  of  the  brake  hose 
is  not  less  than  75  percent  of  the  nominal  inside 
diameter  of  the  hose  for  heavy-duty  hose  and  70 
percent  of  the  nominal  inside  diameter  of  the 
hose  for  light-duty  hose. 


PART  571;  S  106-14 


Table  VI 
Dimensions  of  Test  Specimen  and  Feeler  Gage  for  Deformation  Test 


Hose  Inside  Diameter* 

Specimen  Dimensions 

Feeler  Gage  Dimensions 

(inch) 

Mm. 

(St 

e  Fig.  U) 

Width 
(inch) 

Thickness 

D  (inch) 

L  (inch) 

(inch) 

1%. 

5 

Y64 

% 

%4 

1/4 

6 

%6 

% 

y>6 

%2 

Vm 

% 

y,6 

')i. 

8 

%, 

yi6 

%4 

% 

10 

%2 

yie 

%2 

y,6 

%4 

1/4 

%4 

'%2 

%4 

V4 

%4 

1/2 

12 

% 

1/4 

^ 

% 

16 

%2 

1/4 

%2 

% 

'/le 

V4 

%6 

1.0 

'A 

V4 

V4I 

*  These  sizes  are  listed  to  provide 

test  values  for  brake  hoses  manufactured  i 

n  these  sizes.  They  do  not  represent  conversions.  (50 

F.R.  4691-February  1,  1985.  Effective:  June  3,  1985) 


(d)  Subject  the  hose  specimen   to  a  vacuum 
of  26  inches  of  Hg  for  10  minutes. 

510.8  Adhesion    test.     Conduct    the    test 
specified  in  S8.6  using  vacuum  brake  hose. 

510.9  Deformation  test.    Table  VI  specifies  the 
test  specimen  dimensions. 

S10.9.1  Apparatus.  Utilize  a  compression 
device,  equipped  to  measure  force  of  at  least  100 
pounds,  and  feeler  gages  of  sufficient  length  to  be 
completely  through  the  test  specimen. 


S1 0.9.2    Operation. 

(a)  Position  the  test  specimen  longitudinally  in 
the  compression  device  with  the  fabric  laps  not  in 
the  line  of  the  applied  pressure. 

(b)  Apply  gradually  increasing  force  to  the  test 
specimen  to  compress  its  inside  diameter  to  that 
specified  in  Table  VI  (dimension  D  of  figure  4)  for 
the  size  of  hose  tested. 


(^i 


r-^-1 

(c)  After  5  seconds  release  the  force  and  record 
the  peak  load  applied. 

(d)  Repeat  the  procedure  for  times  permitting  a 
10-second  recovery  period  between  load  applica- 
tions. 

S10.10     End  fitting  corrosion  resistance  test. 

Conduct  the  test  specified  in  S6.9  using  a  vacuum 
brake  hose  assembly. 

511.  Test  conditions.  Each  hose  assembly  or 
appropriate  part  thereof  shall  be  able  to  meet  the 
requirements  of  S5,  S7,  and  S9  under  the  following 
conditions. 

511.1  The  temperature  of  the  testing  room  is 
75°  F. 

511.2  Except  for  S6.6,  S8.2,  and  S10.2,  the  test 
samples  are  stabilized  at  test  room  temperature 
prior  to  testing. 

511.3  The  brake  hoses  and  brake  hose 
assemblies  are  at  least  24  hours  old,  and  unused. 

512.  I  Removed.  55  F.R.  50520-October  7,  19911 

513.  IRemoved.  55  F.R.  50520-October  7,  19911 


Fig  4  Deformed  Specimen  of  Vacuum 
Brake  Hose 


38  F.R.  31302 
November  13,  1973 


PART  571;  S  106-15-16 


PREAMBLE  TO  AMENDMENT  TO  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  108 

School  Bus  Pedestrian  Safety  Devices 

(Docket  No.  81-02;  Notice  12) 

RIN:  2127-AE16 


ACTION:  Mooting  of  petition  for  reconsideration; 
final  rule. 

SUMMARY:  This  notice  moots  a  petition  by  Ford 
Motor  Company  for  reconsideration  of  the  effective 
dates  of  the  final  rule  first  permitting,  then  requiring 
center  high-mounted  stop  lamps  (CHMSLs)  on  vehicles 
other  than  passenger  cars  (light  trucks).  Ford  had  re- 
quested that  the  effective  dates  for  both  permissive  and 
mandatory  installation  of  CHMSLs  be  delayed  until  the 
effective  date  for  the  amendment  permitting  the  com- 
bination of  light  truck  CHMSLs  with  cargo  lamps,  if 
that  date  were  later.  The  petition  is  mooted  because 
the  agency,  in  this  notice,  is  amending  Federal  Motor 
Vehicle  Safety  Standard  No.  108,  as  proposed,  to  allow 
the  physical  combination  (but  not  the  optical  combina- 
tion) of  cargo  lamps  with  light  truck  CHMSLs  with  an 
effective  date  that  coincides  with  the  effective  date  for 
permissive  installation  of  light  truck  CHMSLs. 

DATE:  The  effective  date  of  the  final  rule  is 
December  9,  1991. 


SUPPLEMENTARY  INFORMATION:  On  April  19, 

1991,  NHTSA  published  a  final  rule  requiring  the 
installation  of  center  high-mounted  stop  lamps 
(CHMSL's)  on  multipurpose  passenger  vehicles,  trucks, 
and  buses  with  an  overall  width  of  less  than  80  inches, 
and  whose  GVWR  is  10,000  pounds  or  less  (referred 
to,  for  convenience,  as  "light  truck  CHMSLs")  (56  FR 
16015).  The  final  rule  requires  mandatory  installation 
of  light  truck  CHMSLs  for  vehicles  manufactured  on 
and  after  September  1,  1993,  with  optional  installation 
of  conforming  lamps  permitted  as  of  September  1, 

1992.  Simultaneously,  NHTSA  published  a  supple- 
mental notice  of  proposed  rulemaking  to  allow  cargo- 
bed  lamps  to  be  physically  combined,  but  not  optically 
combined,  with  light  truck  CHMSLs  (56  FR  16052). 
The  proposed  effective  date  of  this  amendment  was 
September  1,  1992. 


Petition  for  Reconsideration. 

Ford  Motor  Company  filed  the  only  petition  for 
reconsideration  of  the  light  truck  CHMSL  final  rule. 
It  requested  that  the  optional  and  mandatory  effective 
dates  (September  1,  1992,  and  September  1,  1993, 
respectively)  be  stated  in  alternative  terms,  namely 
September  1, 1992  or  1993,  or  the  actual  effective  date 
of  the  rule  permitting  the  combination  of  light  truck 
CHMSLs  and  cargo-bed  lamps. 

The  reason  for  Ford's  request  is  its  intention  to  offer 
the  combination  lamps  in  several  of  its  product  lines,  be- 
ginning with  the  1992  model  year.  It  was  concerned  that 
the  proposed  effective  date  of  September  1,  1992  might 
be  delayed.  However,  this  notice  responds  to  Ford's  con- 
cern by  adopting  an  effective  date  that  is  30  days  after 
publication  of  the  notice  in  the  Federal  Regester,  there- 
by mooting  the  petition  for  reconsideration. 

Combining  the  Light  Truck  CHMSL 
With  a  Cargo  Lamp. 
The  supplemental  NPRM  was  issued  in  response  to 
requests  by  Chrysler,  Ford,  and  General  Motors  that 
the  CHMSL  be  permitted  to  be  combined  with  the 
cargo-bed  lamp  typically  found  on  the  rear  of  the  cab 
of  pickup  trucks.  They  reasoned  that  despite  the  specif- 
ic prohibition  in  S5.4  against  the  combining  of  a 
CHMSL  with  any  other  lamp,  the  combination  of  a 
CHMSL  with  a  cargo-bed  lamp  would  have  absolutely 
no  negative  safety  effect  because  of  the  nature  and  use 
of  the  two  lamps.  The  cargo-bed  lamp  is  a  white  colored 
lamp  actuated  by  the  user  for  illuminating  the  cargo 
area  of  the  truck  body  bed.  It  is  typically  electrically 
connected  to  the  interior  dome  lamp.  Thus,  the  like- 
lihood of  driving  with  the  cargo-bed  lamp  illuminated 
is  low.  Commenters  also  said  that  the  two  lamps  would 
not  likely  be  optically  combined,  since  they  are  two 
different  colors,  but  they  could  be  in  a  common  housing, 
possibly  with  a  cargo  lamp  flanking  each  side  of  the 
CHMSL  for  symmetrical  appearance.  General  Motors 
specifically  suggested  a  prohibition  of  optical  combina- 
tion, however. 


PART  571;  S108-PRE  381 


The  agency  saw  no  reason  to  prohibit  the  physical 
combination  of  a  CHMSL  and  a  cargo  lamp.  However, 
it  was  concerned  about  the  possible  effect  on  safety  of 
an  optical  combination,  and  did  not  propose  to  allow  it. 

Although  the  rule  permits  the  use  of  a  physically 
combined  CHMSL  and  cargo  lamp,  manufacturers 
must  ensure  that  the  combined  lamp  does  not  operate 
in  such  a  way  as  to  impair  the  effectiveness  of  the 
CHMSL,  a  lamp  required  by  Standard  No.  108. 

Comments  on  the  Supplemental  Proposal. 
Ford,  General  Motors  (GM),  Chrysler  Corporation, 
and  Truck-Lite  filed  comments  on  the  supplemental 
proposal,  and  were  unanimous  in  their  support  of  it. 
The  questions  and  concerns  raised  were  minor,  and  are 
discussed  below. 

A.  Definition  of  cargo-bed  lamp.  NHTSA  proposed 
that  a  cargo-bed  lamp  be  defined  as  "a  lamp  that  is 
mounted  on  the  rear  of  the  cab  of  a  truck  or  multipur- 
pose passenger  vehicle  with  an  open  cargo  bed  and  that 
is  used  to  illuminate  the  cargo  bed." 

Ford  commented  that  the  proposed  definition  limited 
the  application  of  the  lamp  to  vehicles  that  have  open 
cargo  beds.  It  noted  that  the  lamps  can  also  serve  as 
a  utility  lamp  on  closed  vehicles  such  as  vans  and  utility 
trucks  to  illuminate  the  area  to  the  rear  of  the  vehicle 
where  cargo  would  be  loaded  and  unloaded.  Ford 
suggested  that  the  lamp  be  called  simply  a  "cargo 
lamp,"  and  defined  as  a  supplemental  lamp  that  pro- 
vides "illumination  to  the  rear  of  the  vehicle  or  the 
vehicle  cab  to  unload  cargo  or  equipment  in  an  environ- 
ment of  insufficient  light." 

NHTSA  concurs  in  principle  with  this  comment.  It 
has  no  wish  to  restrict  the  definition  so  as  to  exclude 
lamps  that  aid  in  unloading  cargo  from  vehicles  other 
than  those  with  open  beds.  Accordingly,  NHTSA  has 
decided  to  rename  the  lamp  a  "cargo  lamp",  and  to 
define  it  as  a  "lamp  that  is  mounted  on  the  exterior 
of  a  multipurpose  passenger  vehicle,  truck,  or  bus  for 
the  purpose  of  providing  illumination  to  load  and  unload 
cargo." 

B.  Permitting  Optically  Combined  Cargo  Lamps 
and  Light  Truck  CHMSLs.  In  its  comments.  Ford  re- 
quested that  NHTSA  consider  allowing  optically  com- 
bined cargo  lamps  and  light  truck  CHMSLs  in  future 
rulemaking  stating  that  this  would  offer  efficiencies  in 
cost,  manufacturing,  and  design.  The  agency  is  agree- 
able to  considering  this  issue  in  a  future  rulemaking, 
and  invites  interested  persons  to  provide  information 
and  views  on  the  performance  of  such  lamp  combin- 
ations. 

C.  Whether  a  separate  lens  must  be  used  for  each 
lamp  function.  GM  commented  that  the  definition 
NHTSA  proposed  for  "optically    combined"  could  be 


interpreted  as  requiring  separate  lenses  for  cargo  lamp 
and  CHMSL  functions.  It  anticipates  that  a  combina- 
tion lamp  would  have  a  dual  molded,  two-color,  one- 
piece  lens.  Because  NHTSA's  proposed  definition 
included  the  words  "where  the  optically  functional  lens 
area  of  the  lamp  is  wholly  or  partially  common  to  two 
or  more  lamp  functions"  (emphasis  supplied),  GM  fears 
that,  in  the  case  of  a  one-piece  two-color  lens,  the 
"optically  functional  lens  area"  of  such  a  lens  could  be 
interpreted  as  all  inclusive  of  the  optics  on  both  the  red 
and  crystal  part  of  the  one  piece  lens,  and  hence 
forbidden  as  an  "optical  combination." 

NHTSA  notes  that  the  definition  of  "optically  com- 
bined" that  was  adopted  on  June  7,  1991  (the  defini- 
tion in  SAE  J387),  pursuant  to  another  rulemaking, 
contains  much  the  same  language  as  was  quoted  above 
The  newly  adopted  definition  includes  the  phrase 
"where  its  optically  functional  lens  area  is  wholly  or  par 
tially  common  to  two  or  more  lamp  functions."  Thus 
the  recent  amendment  has  not  addressed  GM's  concern 

NHTSA  does  not  consider  a  combination 
CHMSL/cargo  lamp  which  uses  a  dual-molded,  two- 
color,  one-piece  lens  to  be  "optically  combined",  pro- 
vided that  the  light  source(s)  for  each  independent  light- 
ing function  (CHMSL  or  cargo)  contribute  light  solely 
for  that  function.  Such  an  arrangement  results  in 
separate  optically  functional  lens  areas  for  each 
independent  lighting  function,  and  therefore  is  ex- 
cluded from  the  definition  of  "optically  combined"  in 
SAE  J387.  Therefore,  GM's  concern  that  a  two-color 
lens  would  not  be  permitted  is  unfounded. 

D.  Allowance  of  CHMSLs  prior  to  optional  com- 
pliance date.  The  remark  appeared  under  "Proposed 
effective  date"  in  the  supplemental  proposal  that 
"CHMSLs  may  not  be  installed  on  light  trucks  before" 
the  optional  effective  date  of  September  1, 1992.  Truck- 
Lite  commented  that  it  was  its  understanding  that  such 
lamps  could  be  installed  before  the  optional  effective 
date  as  long  as  they  did  not  impair  the  effectiveness 
of  the  lighting  equipment  required  by  Standard  No. 
108.  Ford  filed  a  similar  comment.  Both  cited  relevant 
agency  interpretations. 

Both  Truck-Lite  and  Ford  are  correct.  A  CHMSL 
may  be  installed  on  a  vehicle  manufactured  before  Sep- 
tember 1,  1992,  even  if  it  does  not  meet  light  truck 
CHMSL  requirements,  as  long  as  it  does  not  impair  the 
effectiveness  of  the  required  lighting  equipment  (S5.1.3 
of  Standard  No.  108,  allowing  supplemental  lamps,  sub- 
ject to  the  prohibition  against  impairment).  If  a 
manufacturer  of  trucks  or  multipurpose  passenger 
vehicles  chooses  to  install  a  light  truck  CHMSL  on  a 
vehicle  manufactured  between  September  1, 1992,  and 
September  1,  1993,  (or,  as  required,  installs  it  on  a 
vehicle  manufactured  on  and  after  September  1,  1993) 
he  must  comply  with  all  the  requirements  for  light 
truck  CHMSLs. 


PART  571;  S108-PRE  382 


Effective  Date. 

The  effective  date  of  the  amendment  allowing  the 
combining  of  a  CHMSL  with  a  cargo  bed  lamp  is  30 
days  after  publication  of  this  notice  in  the  Federal 
Register.  The  agency  wishes  to  encourage  introduction 
of  light  truck  CHMSLs  at  the  earliest  practicable  time. 
There  are  indications  that  manufacturers  want  to  com- 
bine cargo  lamps  with  CHMSLs,  and  an  early  effec- 
tive date  for  the  amendment  adopted  by  this  notice  will 
allow  them  to  do  so.  Accordingly,  it  is  hereby  found 
for  good  cause  shown  that  an  effective  date  earlier  than 
one  year  after  issuance  of  the  final  rule  is  in  the  public 
interest. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

In  S4  Definitions,  of  Standard  No.  108,  a  definition 
of  "cargo  lamp"  is  added  in  alphabetical  order,  and  S5.4 
is  revised,  to  read: 

§  571.108  Standard  No.  108;  Lamps,  reflective 
devices,  and  associated  equipment. 


S5.4  Equipment  Combinations.  Two  or  more 
lamps,  reflective  devices,  or  items  of  associated  equip- 
ment may  be  combined  if  the  requirements  for  each 
lamp,  reflective  device,  and  item  of  associated  equip- 
ment are  met,  with  the  following  exceptions: 

(a)  No  high-mounted  stop  lamp  shall  be  combined 
with  any  other  lamp  or  reflective  device,  other  than 
with  a  cargo  lamp. 

(b)  No  high-mounted  stop  lamp  shall  be  combined 
optically,  as  defined  by  SAE  Information  Report  J387 
Terminology— Motor  Vehicle  Lighting  NOV  87,  with 
any  cargo  lamp. 

(c)  No  clearance  lamp  shall  be  combined  optically,  as 
defined  by  SAE  Information  Report  337 
Terminology— Motor  Vehicle  Lighting  NOV  87,  with 
and  taillamp. 


Issued  on:  November  1,  1991. 


S4.    Definitions. 


Cargo  lamp  is  a  lamp  that  is  mounted  on  a  multipur- 
pose passenger  vehicle,  truck,  or  bus  for  the  purpose 
of  providing  illumination  to  load  or  unload  cargo. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  56940 
November  7,  1991 


PART  571;  S108-PRE  383-384 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  108 

Lamps,  Reflective  Devices,  and  Associated  Equipment— Passenger  Cars,  IVIultipurpose 
Passenger  Vehicles,  Trucks,  Buses,  Trailers,  and  Motorcycles 

(Docket  No.  69-18) 


51.  Scope.  This  standard  specifies  require- 
ments for  original  and  replacement  lamps,  reflec- 
tive devices,  and  associated  equipment. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
reduce  traffic  accidents  and  deaths  and  injuries 
resulting  from  traffic  accidents,  by  providing  ade- 
quate illumination  of  the  roadway,  and  by  enhanc- 
ing the  conspicuity  of  motor  vehicles  on  the  public 
roads  so  that  their  presence  is  perceived  and  their 
signals  understood,  both  in  daylight  and  in 
darkness  or  other  conditions  of  reduced  visibility. 

53.  Application.  This  standard  applies  to  pas- 
senger cars,  multipurpose  passenger  vehicles, 
trucks,  buses,  trailers  (except  pole  trailers  and 
trailer  converter  dollies),  and  motorcycles,  and  to 
lamps,  reflective  devices,  and  associated  equip- 
ment for  replacement  of  like  equipment  on  vehicles 
to  which  this  standard  applies. 

54.  Definitions.  "Aiming  Reference  Plane" 
means  a  plane  which  is  perpendicular  to  the 
longitudinal  axis  of  the  vehicle  and  tangent  to  the 
forwardmost  aiming  pad  on  the  headlamp. 

Beam  contributor  means  an  indivisible  optical 
assembly  including  and  lens,  reflector,  and  light 
source,  that  is  part  of  an  integral  beam 
headlighting  system  and  contributes  only  a  portion 
of  a  headlamp  beam. 

[Cargo  lamp  is  a  lamp  that  is  mounted  on  a 
multipurpose  passenger  vehicle,  truck,  or  bus  for 
the  purpose  of  providing  illumination  to  load  or 
unload  cargo.  (56  F.R.  56940— November  7, 1991.  Ef- 
fective: December  9.  1991)1 

Direct  reading  indicator  means  a  device  that  is 
mounted  in  its  entirety  on  a  headlamp  or  headlamp 
aiming  or  headlamp  mounting  equipment,  is  part 
of  a  VHAD,  and  provides  information  about 
headlamp  aim  in  an  analog  or  digital  format. 

Effective  projected  luminoics  lens  area  means 
that  area  of  the  projection  on  a  plane  perpendicular 
to  the  lamp  axis  of  the  portion  of  the  light-emitting 


surface  that  directs  light  to  the  photometric  test 
pattern,  and  does  not  include  mounting  hole 
bosses,  reflex  reflector  area,  beads  or  rims  that 
may  glow  or  produce  small  areas  of  increased  in- 
tensity as  a  result  of  uncontrolled  light  from 
smallareas  (V2  deg.  radius  around  the  test  point). 

Flash  means  a  cycle  of  activation  and  deactiva- 
tion of  a  lamp  by  automatic  means,  continuing  un- 
til stopped  either  automatically  or  manually. 

Headlamp  test  fixture  means  a  device  designed 
to  support  a  headlamp  or  headlamp  assembly  in  the 
test  position  specified  in  the  laboratory  tests  and 
whose  mounting  hardware  and  components  are 
those  necessary  to  operate  the  headlamp  as  install- 
ed in  a  motor  vehicle. 

Integrr'  Beam  Headlamp  means  a  headlamp 
compr.^^mg  an  integral  and  indivisible  optical 
assembly  including  lens,  reflector,  and  light 
source,  that  is  neither  a  standardized  sealed  beam 
headlamp  designed  to  conform  to  paragraph  S7.3 
nor  a  replaceable  bulb  headlamp  designed  to  con- 
form to  paragraph  S7.5. 

Multiple  compartment  lamp  means  a  device 
which  gives  its  indication  by  two  or  more  separ- 
ately lighted  areas  which  are  joined  by  one  or  more 
common  parts,  such  as  a  housing  or  lens. 

Multiple  lamp  arrangement  means  an  array  of 
two  or  more  separate  lamps  on  each  side  of  the 
vehicle  which  operate  together  to  give  a  signal. 

Remote  reading  indicator  means  a  device  that  is 
not  mounted  in  its  entirety  on  a  headlamp  or 
headlamp  aiming  or  headlamp  mounting  equip- 
ment, but  otherwise  meets  the  definition  of  a  direct 
reading  indicator. 

Replaceable  bulb  headlamp  means  a  headlamp 
comprising  a  bonded  lens  and  reflector  assembly 
and  one  or  two  standardized  replaceable  light 
sources. 

Seasoning  means  a  process  of  energizing  the  fila- 
ment of  a  headlamp,  at  design  voltage,  for  a  period 
of  time  equal  to  1  percent  of  average  rated 
laboratory  life. 


(Rev.  11/7/91) 


PART  571;  S 


Standardized  replaceable  light  source  means  an 
assembly  of  a  capsule,  base,  and  terminals,  that 
meets  the  requirements  of  S7.6. 

Vehicle  headlamp  aiming  device  or  VHAD  means 
motor  vehicle  equipment  permanently  installed  on 
a  motor  vehicle  by  the  manufacturer  of  the  vehicle, 
which  is  used  for  determining  the  horizontal  and 
vertical  aim  of  headlamps. 


S5.     Requirements. 

S5.1     Required  motor  vehicle  lighting  equipment. 

S5.1.1  Except  as  provided  in  succeeding 
paragraphs  of  S 5. 1.1,  each  vehicle  shall  be  equip- 
ped with  at  least  the  number  of  lamps,  reflective 
devices,  and  associated  equipment  specified  in 
Tables  I  and  III  and  S7,  as  applicable.  Required 
equipment  shall  be  designed  to  conform  to  the 
SAE  Standards  or  Recommended  Practices 
referenced  in  those  tables.  Table  I  applies  to 
multipurpose  passenger  vehicles,  trucks,  trailers, 
and  buses,  80  or  more  inches  in  overall  width. 
Table  III  applies  to  passenger  cars  and  motor- 
cycles and  to  multipurpose  passenger  vehicles, 
trucks,  trailers,  and  buses,  less  than  80  inches  in 
overall  width. 


55.1.1.1  A  truck  tractor  need  not  be  equipped 
with  turn-signal  lamps  mounted  on  the  rear  if  the 
turn  signal  lamps  at  or  near  the  front  are  so  con- 
structed (double-faced)  and  so  located  that  they 
meet  the  requirements  for  double-faced  turn 
signals  specified  in  SAE  Standard  J588e,  Turn 
Signal  Lamps,  September  1970. 

55.1.1.2  A  truck  tractor  need  not  be  equipped 
with  any  rear  side  marker  devices,  rear  clearance 
lamps,  and  rear  identification  lamps. 

55.1.1.3  Intermediate  side  marker  devices  are 
not  required  on  vehicle  less  than  30  feet  in  overall 
length. 

55.1.1.4  Relective  material  conforming  to 
Federal  Specification  L-S-300,  Sheeting  and  Tape, 
Refective;  Non-exposed  Lens,  Adhesive  Backing, 
September  7,  1965,  may  be  used  for  side  reflex 
reflectors  if  this  material,  as  used  on  the  vehicle, 
meets  the  performance  standards  in  either  Table  I 
or  Table  lA  of  SAE  Standard  J594f,  Reflex  Reflec- 
tors, January  1977. 


55.1.1.5  The  turn  signal  operating  unit  on  each 
passenger  car  and  multipurpose  passenger  vehicle, 
truck,  and  bus  less  than  80  inches  in  overall  width 
shall  be  self-canceling  by  steering  wheel  rotation 
and  capable  of  cancellation  by  a  manually  operated 
control. 

55.1.1.6  [(a)l  Each  stop  lamp  manufactured  to 
replace  a  stop  lamp  that  was  designed  to  conform 
to  SAE  Standard  J586b  Stop  Lamps,  June  1966, 
may  also  be  designed  to  conform  to  J586b.  It  shall 
meet  the  photometric  minimum  candlepower  re- 
quirements for  Class  A  red  turn  signal  lamps 
specified  in  SAE  Standard  J575d,  Tests  firr  Motor 
Vehicle  Lighting  Devices  and  Components,  August 
1967.  Each  such  lamp  manufactured  for  use  on  a 
passenger  car  and  on  a  multipurpose  passenger 
vehicle,  truck,  trailer,  or  bus  less  than  80  inches  in 
overall  width  shall  have  an  effective  projected 
luminous  area  not  less  than  3V2  square  inches.  If 
multiple  compartment  lamps  or  multiple  lamps  are 
used,  the  effective  projected  luminous  area  of  each 
compartment  or  lamp  shall  be  not  less  than  3V2 
square  inches;  however,  the  photometric 
requirements  may  be  met  by  a  combination  of 
compartments  or  lamps. 

[(b)  Each  stop  lamp  manufactured  to  replace  a 
stop  lamp  that  was  designed  to  conform  to  SAE 
Standard  J586c,  Stop  Lamps,  August  1970,  may 
also  be  designed  to  conform  to  J586c.  (55  F.R. 
20158— May  15,  1990.  Effective:  December  1,  1990)] 

[(c)  A  multipurpose  passenger  vehicle,  truck, 
bus,  or  trailer  whose  overall  width  is  80  inches  or 
more,  manufactured  on  or  before  November  30, 
1991,  and  whose  stop  lamps  are  located  more  than 
22  inches  apart,  may  be  equipped  with  stop  lamps 
designed  to  conform  to  SAE  Standard  J586c,  Stop 
Lamps,  August  1970."  (55  F.R.  20158— May  15, 
1990.  Effective:  December  1,  1990)1 

55.1.1.7  (a)  Each  turn  signal  lamp  manufactured 
to  replace  a  turn  signal  lamp  that  was  designed  to 
conform  to  SAE  Standard  J588d  Turn  Signal 
Lamps,  June  1966,  may  also  be  designed  to  con- 
form to  J588d,  and  shall  meet  the  photometric 
minimum  candlepower  requirements  for  Class  A 
turn  signal  lamps  specified  in  SAE  Standard 
J575d,  Tests  for  Motor  Vehicle  Lighting  Devices 
and  Components,  August  1967.  Each  such  lamp 
manufactured  for  use  on  a  passenger  car  and  on  a 
multipurpose  passenger  vehicle,  truck,  trailer  or 
bus  less  than  80  inches  in  overall  width  shall  have 
an  effective  projected  luminous  area  not  less  than 


PART  571;  S  108-2 


55.3.1.1  Except  as  provided  In  S5. 3. 1.1.1,  each 
lamp  and  reflective  device  shall  be  located  so  that  it 
meets  the  visibility  requirements  specified  in  any 
applicable  SAE  Standard  or  Recommended  Prac- 
tice. In  addition,  no  part  of  the  vehicle  shall  pre- 
vent a  parking  lamp,  taillamp,  stop  lamp,  turn- 
signal  lamp,  or  backup  lamp  from  meeting  its 
photometric  output  at  any  applicable  group  of  test 
points  specified  in  Figures  Ic  and  2,  or  prevent  any 
other  lamp  from  meeting  the  photometric  output 
at  any  test  point  specified  in  any  applicable  SAE 
Standard  or  Recommended  Practice.  However,  if 
motor  vehicle  equipment  (e.g.,  mirrors,  snow 
plows,  wrecker  booms,  backhoes,  and  winches) 
prevents  compliance  with  this  paragraph  by  any 
required  lamp  or  reflective  devices,  an  auxiliary 
lamp  or  device  meeting  the  requirements  of  this 
paragraph  shall  be  provided. 

S5.3.1 .1 .1  Clearance  lamps  may  be  mounted  at  a 
location  other  than  on  the  front  and  rear  if 
necessary  to  indicate  the  overall  width  of  a  vehicle, 
or  for  protection  from  damage  during  normal 
operation  of  the  vehicle,  and  at  such  a  location  they 
need  not  be  visible  at  45  degrees  inboard. 

55.3.1.2  On  a  truck  tractor,  the  red  rear  reflex 
reflectors  may  be  mounted  on  the  back  of  the  cab, 
at  a  minimum  height  not  less  than  4  inches  above 
the  height  of  the  rear  tires. 

55.3.1.3  On  a  trailer,  the  amber  front  side  reflex 
reflectors  and  amber  front  side-marker  lamps  may 
be  located  as  far  forward  as  practicable  exclusive 
of  the  trailer  tongue. 

55.3.1.4  When  the  rear  identification  lamps  are 
mounted  at  the  extreme  height  of  a  vehicle,  rear 
clearance  lamps  need  not  meet  the  requirement  of 
Table  II  that  they  be  located  as  close  as  practicable 
to  the  top  of  the  vehicle. 

55.3.1.5  The  center  of  the  lens  referred  to  in 
SAE  Standard  J593c,  Backup  Lamps,  February 
1968,  is  the  optical  center. 

S5U3.1.6  On  a  truck  tractor,  clearance  lamps 
mounted  on  the  cab  may  be  located  to  indicate  the 
width  of  the  cab,  rather  than  the  overall  width  of 
the  vehicle. 

S5.3.1.7  On  a  motor  vehicle  on  which  the  front 
turn  signal  lamp  is  less  than  100  mm  from  the 
lighted  edge  of  a  lower  beam  headlamp,  as 
measured  from  the  optical  center  of  the  turn  signal 
lamp,  the  multiplier  applied  to  obtain  the  required 
minimum  luminous  intensities  shall  be  2.5. 


S5.3.1.8  ((a)  Each  high-mounted  stop  lamp  in- 
stalled in  or  on  a  vehicle  subject  to  S5. 1.1.27(a) 
shall  be  located  as  follows: 

(1)  With  its  center  at  any  place  on  the  vertical 
centerline  of  the  vehicle,  including  the  glazing, 
as  the  vehicle  is  viewed  from  the  rear. 

(2)  If  the  lamp  is  mounted  below  the  rear  win- 
dow, no  portion  of  the  lens  shall  be  lower  than  6 
inches  below  the  rear  window  on  convertibles,  or 
3  inches  on  other  passenger  cars. 

(3)  If  the  lamp  is  mounted  inside  the  vehicle, 
means  shall  be  provided  to  minimize  reflections 
from  the  light  of  the  lamp  upon  the  rear  window 
glazing  that  might  be  visible  to  the  driver  when 
viewed  directly,  or  indirectly  in  the  rearview 
mirror. 

(b)  The  high-mounted  stop  lamps  installed  in  or 
on  a  vehicle  subject  to  S5. 1.1. 27(b)  shall  be  located 
at  the  same  height,  with  one  vertical  edge  of  each 
lamp  on  the  vertical  edge  of  the  body  section 
nearest  the  vertical  centerline. 

(6)  In  the  second  column  Table  III  for  the  item 
"High-mounted  stop  lamp",  the  text  "1  red,  for 
passenger  cars  only"  is  revised  to  read  "1  red". 

(7)  In  the  second  column  of  Table  IV  for  the 
item  "High-mounted  stop  lamp",  the  text  "On 
the  rear,  on  the  vertical  centerline  (See  S4.3.1.8), 
effective  September  1,  1985,  for  passenger  cars 
only"  is  revised  to  read  "On  the  rear,  on  the  ver- 
tical centerline  (See  S5.1.1.27,  S5.3.1.8,  and 
Table  III)." 

(8)  In  the  fourth  column  of  Table  IV  for  the 
item  "High-mounted  stop  lamp",  the  text  "(See 
S4.3.1.8)"  is  revised  to  read  "See  S5.3.1.8  for 
passenger  cars.  Not  less  than  34  inches  for 
multipurpose  passenger  vehicles,  trucks,  and 
buses."  (56  F.R.  16015— April  19,  1991.  Effective: 
Optional  compliance  September  1,  1992.  Mandatory 
compliance  September  1,  1993)) 

S5.4  Equipment  combinations.  [Two  or  more 
lamps,  reflective  devices,  or  items  of  associated 
equipment  may  be  combined  if  the  requirements 
for  each  lamp,  reflective  device,  and  item  of 
associated  equipment  are  met,  with  the  following 
exceptions: 

(a)  No  high-mounted  stop  lamp  shall  be  com- 
bined with  any  other  lamp  or  reflective  device, 
other  than  with  a  cargo  lamp. 

(b)  No  high-mounted  stop  lamp  shall  be  com- 
bined optically,  as  defined  by  SAE  Information 
Report  J387  Terminology-Motor  Vehicle  Lighting 
NOV  87,  with  any  cargo  lamp. 


(Rev.  11/7/91) 


PART  571;  S  108-7 


(c)  No  clearance  lamp  shall  be  combined  opti- 
cally, as  defined  by  SAE  Information  Report  J387 
Terminology -Motor  Vehicle  Lighting  NOV  87,  with 
any  taillamp.  (56  F.R.  56940— November  7,  1991. 
Effective:  December  9.  1991)1 

S5.4.1.  Removed 

(55  F.R.  46669  November  6,  1990) 

S5.5.  Special  wiring  requirements. 

S5.5.1.  Each  vehicle  shall  have  a  means  of 
switching  between  lower  and  upper  beams  that 
conforms  to  SAE  Recommended  Practice  J564a, 
Headlamp  Beam  Switching,  April  1964,  or  to  SAE 
Recommended  Practice  J565b,  Semi-Automatic 
Headlamp  Beam  Switching  Devices,  February 
1969.  Except  as  provided  in  85. 5. 8,  the  lower  and 
upper  beams  shall  not  be  energized  simultaneously 
except  momentarily  for  temporary  signalling  pur- 
poses or  during  switching  between  beams. 

55.5.2  Each  vehicle  shall  have  a  means  for  in- 
dicating to  the  driver  when  the  upper  beams  of  the 
headlamps  are  on  that  conforms  to  SAE  Recom- 
mended Practice  J564a,  April  1964,  except  that 
the  signal  color  need  not  be  red. 

55.5.3  The  taillamps  on  each  vehicle  shall  be  ac- 
tivated when  the  headlamps  are  activated  in  a 
steady -burning  state. 

55.5.4  The  stoplamps  on  each  vehicle  shall  be 
activated  upon  application  of  the  service  brakes. 
The  high-mounted  stoplamp  on  each  passenger  car 
shall  be  activated  only  upon  application  of  the 
service  brakes. 

55.5.5  The  vehicular-hazard  warning-signal 
operating  unit  on  each  vehicle  shall  operate  in- 
dependently of  the  ignition  or  equivalent  switch, 
and  when  activated,  shall  cause  to  flash  simul- 
taneously sufficient  turn  signal  lamps  to  meet,  as  a 
minimum,  the  turn  signal  lamp  photometric 
requirements  of  this  standard. 

55.5.6  Each  vehicle  equipped  with  a  turn  signal 
operating  unit  shall  also  have  an  illuminated  pilot 
indicator.  Failure  of  one  or  more  turn  signal  lamps 
to  operate  shall  be  indicated  in  accordance  with 
SAE  Standard  J588e,  Turn  Signal  Lamps, 
September  1970,  except  when  a  variable-load  turn 
signal  flasher  is  used  on  a  truck,  bus,  or  multipur- 
pose passenger  vehicle  80  or  more  inches  in  overall 
width,  on  a  truck  that  is  capable  of  accommodating 
a  slide-in  camper,  or  on  any  vehicle  equipped  to 
tow  trailers. 

S5.5.7.  On  each  passenger  car,  and  motorcycle, 
and  multipurpose  passenger  vehicle,  truck,  and  bus 
of  less  than  80  inches  overall  width: 


(a)  When  the  parking  lamps  are  activated,  the 
taillamps,  license  plate  lamps,  and  side  marker 
lamps  shall  also  be  activated;  and 

(b)  When  the  headlamps  are  activated  in  a 
steady-burning  state,  the  taillamps,  parking  lamps, 
license  plate  lamps  and  side  marker  lamps  shall 
also  be  activated. 

55.5.8.  On  a  motor  vehicle  equipped  with  a 
headlighting  system  designed  to  conform  to  the 
photometric  requirements  of  Figure  15,  the  lamps 
marked  "L"  or  "LF"  may  be  wired  to  remain  per- 
manently activated  when  the  lamps  marked  "U" 
or  "LF"  are  activated.  On  a  motor  equipped  with 
an  Integral  Beam  headlighting  system  meeting  the 
photometric  requirements  of  section  S7.4(a)(l)(ii), 
the  lower  beam  headlamps  shall  be  wired  to  remain 
permanently  activated  when  the  upper  beam 
headlamps  are  activated. 

55.5.9.  Except  as  provided  in  Section  S5.5.8, 
the  wiring  harness  or  connector  assembly  of  each 
headlamp  system  shall  be  designed  so  that  only 
those  light  sources  intended  for  meeting  lower 
beam  photometries  are  energized  when  the  beam 
selector  switch  is  in  the  lower  beam  position,  and 
that  only  those  light  sources  intended  for  meeting 
upper  beam  photometries  are  energized  when  the 
beam  selector  switch  is  in  the  upper  beam  position. 

55.5.10.  The  wiring  requirements  for  lighting 
equipment  in  use  are: 

(a)  Turn  signal  lamps,  hazard  warning  signal 
lamps,  and  school  bus  warning  lamps  shall  be  wired 
to  flash; 

(b)  Headlamps  and  side-marker  lamps  may  be 
wired  to  flash  for  signalling  purposes; 

(c)  A  motorcycle  headlamp  may  be  wired  to 
allow  either  its  upper  beam  or  its  lower  beam,  but 
not  both,  to  modulate  from  a  higher  intensity  to  a 
lower  intensity  in  accordance  with  Section  S4.6; 

(d)  All  other  lamps  shall  be  wired  to  be  steady- 
burning. 

S5.6.     Motorcycle  headlamp  modulation  system. 

S5.6.1.  A  headlamp  on  a  motorcycle  may  be 
wired  to  modulate  either  the  upper  beam  or  the 
lower  beam  from  its  maximum  intensity  to  a  lesser 
intensity  provided  that: 

(a)  The  rate  of  modulation  shall  be  240  +  40 
cycles  per  minute. 

(b)  The  headlamp  shal  be  operated  at  maximum 
power  for  50  to  70  percent  of  each  cycle. 


(Rev.  11/7/91) 


PART  571;  S  108- 


TABLE  III.— Required  Motor  Vehicle  Lighting  Equipment 

All  Passenger  Cars  and  Motorcycles,  and  Multipurpose  Passenger  Vehicles,  Trucks, 

Trailers,  and  Buses,  of  Less  Than  80  Inches  Overall  Width 


Item 
Column  1 

Passenger  cars,  multi- 
purpose passenger 
vehicles,  trucks,  and  buses 
Column  2 

Trailers 
Column  3 

Motorcycles 
Column  4 

Applicable  SAE  standards 

or  recommended  practices 

Column  5 

Headlamps 

SeeS7 

[For    motorcycles   only,    J584, 
April  1964,  J566,  January  1960.1 

Taillamps  ^ 

2  red 

2  red 

Ired 

J585e,  September  1977. 

Stoplamps 

2  red 

2  red 

Ired 

SAE  J586,  February  1984. 

High  mounted 
stoplamp 

1  red,  for  passenger  cars 
only 

Not  required 

Not  required 

J186a,  September  1977. 

License  plate  lamp  ' 

1  white 

1  white 

1  white 

J587,  October  1981. 

Parking  lamps  ^ 

2  amber  or  white 

None 

None 

J222,  December  1970. 

Reflex  reflectors 

4  red,  2  amber 

4  red;  2  amber 

3  red;  2  amber 

J594f,  January  1977. 

Intermediate  side 
reflex  reflectors  ^ 

2  amber 

2  amber 

None 

J594f,  January  1977. 

Intermediate  side 
marker  lamps  ^ 

2  amber 

2  amber 

None 

J592e,  July  1972. 

Side  marker  lamps 

2  red,  2  amber 

2  red;  2  amber 

None 

J592e,  July  1972. 

Backup  lamp 

1  white 

None 

None 

J593C,  February  1968. 

Turn  signal  lamps ' 

2  red  or  amber; 
2  amber. 

2  red  or  amber. 

2  amber;  2  red  or 
amber. 

SAE  J588,  November  1984. 

Turn  signal 
operating  unit  ^  * 

1 

None 

1 

J589,  April  1964. 

Turn  signal  flasher 

1 

None 

.--    1 

J590b,  October  1965. 

Vehicular  hazard 
warning  signal 
operating  unit 

1 

None 

None 

J910,  January  1966. 

Vehicular  hazard 
warning  signal 
flasher 

' 

None 

None 

J945,  February  1966. 

1(56  F.R.  12123-March  22,  1991.  Effective:  March  22,  1991)1 
iSeeSS.l.l.lO.         ^  gee  S5.1.1.11-12.         ^  gee  S5.5.6.         "  See  S5.1.1.5.         *  gee  g5. 1.1.3. 


PART  571;  S  108-27 


Headlamps 


TABLE  IV.— Location  of  Required  Equipment- 
All  Passenger  Cars  and  Motorcycles,  and  Multipurpose  Passenger  Vehicles,  Trucks, 
Trailers,  and  Buses,  of  Less  Than  80  Inches  Overall  Width 

Location  on  Height  above  road 

— surface  measured 

from  center  of  item 

on  vehicle  at  curb 

weight 


cars,  multipurpose  pas- 
senger vehicles,  trucks,  trailers, 
and  buses 


Motorcycles 


High-mounted 
stoplamp. 


On  the  front,  each  headlamp  providing    On   the  front,   on  the  vertical  center-    Not  less  than  22 


the  upper  beam,  at  the  same  height,  1 
on  each  side  of  the  vertical  centerline, 
each  headlamp  providing  the  lower 
beam,  at  the  same  height,  1  on  each 
side  of  the  vertical  centerline,  as  far 
apart  as  practicable.  [See  also  S71  * 


line,  except  that  if  two  are  used  they  inches  (55.9  cm)  nor 
shall  be  symmetrically  disposed  about  more  than  54  inches 
the  vertical  centerline  (137.2  cm) 


Taillamps  On   the   rear— 1   on   each   side   of  the    On   the   rear— on   the   vertical   center-    Not  less  than  15 

vertical     centerline,     at     the     same        line    except    that    if   two   are    used,        inches,  nor  more 
height,    and    as    far   apart   as   prac-        they     shall     be     symmetrically     dis-       than  72  inches 
ticable  ^  posed     about     the     vertical     center- 

line 

Stoplamps  On   the   rear— 1    on   each   side   of  the    On   the    rear— on   the   vertical   center-    Not  less  than  15 

vertical     centerline,     at     the     same        line    except    that    if    two    are    used,        inches,  nor  more 
height,    and    as    far   apart   as    prac-        they     shall     be     symmetrically     dis-        than  72  inches 
ticable  ^  posed     about     the     vertical     center- 

line 


On  the  rear,  on  the  vertical  centerline    Not  required 
(See  S5.1.1.15),  effective  September  1, 
1985,  for  passenger  cars  only. 


License-plate 
lamp 


At   rear  license   plate,   to   illuminate    At  rear  license  plate 
the  plate  from  the  top  or  sides 


No  requirement 


Parking  lamps  On  the  front— 1   on  each   side  of  the    Not  required 

vertical  centerline,  at  the  same 
height,  and  as  far  apart  as  prac- 
ticable 


Not  less  than  15 
inches,  nor  more 
than  72  inches 


Reflex 
reflectors 


On   the 


-1    red   on   each   side   of    On    the    rear— 1    red    on    the    vertical 


the  vertical  centerline,  at  the  same 
height,    and    as   far   apart    as    prac- 
ticable ^ 
On    each    side— 1    red    as    far    to    the 


centerline  except  that  if  two  are 
used  on  the  rear,  they  shall  be 
symmetrically  disposed  about  the 
vertical  centerline 


Not  less  than  15  inches 
nor  more  than  60 
inches 


rear  as  practicable  and  1   amber  as    On    each    side— 1    red    as    far    to    the 
far  to  the  front  as  practicable  ^  rear    as    practicable,    and    1    amber 

as  far  to  the  front  as  practicable  2 


Backup  lamp 


On  the  r 


Not  required 


No  requirement 


Turn-signal  At  or  near  the  front— 1  amber  on  each 

lamps'  side  of  the  vertical  centerline,  at  the 

same  height,  and  as  far  apart  as  prac- 
ticable 
On  the  rear— 1  red  or  amber  on  each 
side  of  the  vertical  centerline,  at 
the  same  height,  and  as  far  apart 
as  practicable 


At  or  near  the  front— 1  amber  on 
each  side  of  the  vertical  centerline,  at 
the  same  height,  and  having  a  mini- 
mum horizontal  separation  distance 
centerline  of  lamps)  of  16  inches;  mini- 
mum edge-to-edge  separation  distance 
between  lamp  and  headlamp  is  4  inches 

At  or  near  the  rear- 1  red  or  amber 
on  each  side  of  the  vertical  center- 
line,  at  the  same  height  and  having 
a  minimum  horizontal  separation  dis- 
tance (centerline  to  centerline  of  lamps) 
of  9  inches;  minimum  edge-to-edge 
separation  distance  between  lamp  and 
tail  or  stoplamp  is  4  inches 


Not  less  than  15  inches, 
nor  more  than  83 
inches 


Side-marker 
lamps 


On    each    side— 1    red    as    far   to    the    Not  required 
rear    as    practicable,    and    1    amber 
as  far  to  the  front  as  practicable 


Not  less  than  15  inches 


Intermediate 
side-marker 
lamps 


In  each  side— 1   amber  located  at  or    Not  required 
near     the     midpoint     between     the 
front  and  rear  side-marker  lamps 


Not  less  than  15  inches 


Intermediate 
side-marker 
reflectors 


On  each  side—  1  amber  located  at  or  near    Not  required 
the  midpoint  between  the  front  and 
rear  side  marker  reflectors 


Not  less  than  15  inches, 
nor  more  than  60 
inches 


Front  turn-si 
'SeeS5.1.1.1 


al  lamps  not  required  for  trailers. 
•  1(54  F.R.  30223-July  19,  1989.  Effective;  July  19, 


(Rev.  7/19/89) 


PART  571;  S  108-28 


PREAMBLE  TO  AN  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  111 

Rearview  Mirrors— Reflectance 

(Docket  No.  91-11;  Notice  02) 
RIN  2127-AD81 


ACTION:    Final  rule. 

SUMMARY:  In  response  to  a  petition  from  Donnelly 
Corporation,  this  notice  amends  the  requirements  in 
Federal  Motor  Vehicle  Safety  Standard  No.  Ill,  Rear- 
view  Mirrors,  with  respect  to  average  reflectance 
levels.  The  rule  clarifies  the  intent  and  applicability  of 
the  requirements.  It  also  updates  the  standard  to  bet- 
ter address  current  mirror  designs  and  to  remove  a 
perceived  restriction  affecting  the  introduction  of  new 
mirror  designs  which  may  provide  better  glare  pro- 
tection. 

EFFECTIVE  DATE:  September  1, 1992.  Vehicles  manu- 
factured before  September  1,  1992  may  comply  with 
this  rule's  amendment,  effective  December  20,  1991. 

SUPPLEMENTARY  INFORMATION: 

Baxkground 

Federal  Motor  Vehicle  Safety  Standard  No.  Ill, 
Rearview  Mirrors,  is  intended  to  reduce  the  number 
of  crashes  that  occur  because  the  driver  of  a  motor 
vehicle  does  not  have  a  clear  and  reasonably  unob- 
structed view  to  the  rear. 

As  initially  promulgated.  Standard  No.  Ill's  mirror 
construction  requirements  specified  that  the  reflec- 
tance levels  for  mirrors  be  at  least  35  percent  (32  FR 
2413,  February  3,  1967).  The  standard  further  stated 
that  for  selective  position  prismatic  mirrors,  the  reflec- 
tance level  in  the  night  driving  position  had  to  be  at 
least  4  percent.  A  selective  position  prismatic  mirror 
can  be  mechanically  tilted  to  various  setting  positions. 
For  each  setting,  there  is  a  different  surface  with  a 
different  reflectance  level.  The  first  setting  provides 
relatively  high  levels  of  reflectance,  typically  85  to  90 
percent,  for  daytime  driving;  and  the  second  setting 
provides  much  lower  reflectance  levels  to  reduce  glare 
from  the  headlamps  of  following  vehicles  during  night- 
time driving.  Installation  of  two-position  selective 
position  prismatic  mirrors  has  been  the  principal 
method  of  enabling  drivers  to  reduce  glare  during 
nighttime  driving.  Approximately  90  percent  of 
vehicles  are  currently  equipped  with  center-mounted 
interior  mirrors  of  the  selective  position  prismatic  type. 

The  agency  subsequently  amended  Standard  No. 
Ill's  mirror  construction  requirement  to  specify  that 


the  "average"  reflectance  level  of  the  reflective  film 

used  on  any  mirror  must  be  at  least  35  percent  (41  FR 

36023,  August  26,  1976). 
Since  that  last  amendment,  the  requirement  for 

mirror  construction  in  Sll  has  read  as  follows: 

The  average  reflectance  value  of  the  reflective  film 
employed  by  any  mirror  required  by  this  standard, 
determined  in  accordance  with  SAE  Recommend- 
ed Practice  J964a,  August  1974,  shall  be  at  least 
35  percent.  If  a  mirror  is  of  the  selective  position 
prismatic  type,  the  reflectance  value  in  the  night 
driving  position  shall  be  at  least  4  percent. 

Several  manufacturers,  including  General  Motors, 
Chrysler,  Ford,  BMW,  and  Range  Rover,  have 
equipped  vehicles  with  electrochromic  mirrors.  These 
mirrors  electrically  adjust  their  reflectance  levels  based 
on  the  amount  of  light  striking  the  mirror  and  auto- 
ma*-'.ally  vary  the  reflectivity.  These  manufacturers 
have  apparently  concluded  that  the  standard  is  not 
design  restrictive  and  does  not  preclude  the  use  of 
electrochromic  mirror  technology. 

However,  other  manufacturers  have  interpreted  Sll 
as  prohibiting  low  reflectance  mirrors  other  than  selec- 
tive position  prismatic  ones.  For  instance,  on  June  12, 
1990,  Donnelly  Corporation  petitioned  the  agency  to 
amend  Sll  to  permit  the  installation  of  its  electro- 
chromic mirror.  Along  with  electrically  adjusting  its 
reflectance  levels  based  on  the  amount  of  light  strik- 
ing the  mirror,  this  mirror  maintains  the  reflectivity 
above  the  minimum  of  35  percent  during  daytime  con- 
ditions and  the  minimum  of  4  percent  during  nighttime 
conditions.  According  to  the  petitioner,  its  automati- 
cally adjustable  non-prismatic  electrochromic  mirror  is 
not  permitted  to  have  a  minimum  night  position  less 
than  35  percent  because  Sll  states  the  reflectance  of 
4  percent  in  the  night  driving  position  is  only  for  selec- 
tive position  prismatic  mirrors. 

Donnelly  therefore  concluded  that  Sll  should  be 
modified  to  remove  what  it  views  as  a  design-specific 
requirement.  It  claimed  that  these  mirrors  improve 
vision  and  reduce  glare  during  night  driving.  It  also 
claimed  that  its  mirror  is  the  first  commercially  viable 
means  for  reducing  glare  for  exterior  mirrors.  The  peti- 
tioner further  believed  that  when  the  requirement  per- 
mitting selective  position  prismatic  mirrors  was  issued, 
these  were  the  only  known  glare  reducing  mirrors. 


PART  571;  Slll-PRE  25 


Notice  of  proposed  rulemaking 
On  March  8, 1991,  the  agency  issued  a  notice  of  pro- 
posed rulemaking  (NPRM)  proposing  to  amend  Sll  of 
Standard  No.  1 1 1  to  avoid  express  reference  to  selec- 
tive position  prismatic  mirrors  (56  FR  9928).  The 
proposal  explained  the  agency's  tentative  conclusion 
that  an  amendment  was  necessary  to  clarify  the  intent 
and  applicability  of  the  provision  given  its  apparent 
ambiguity.  The  notice  further  explained  that  the 
amendment  would  remove  a  perceived  design  restric- 
tion affecting  certain  mirror  designs. 

The  NPRM  explained  that  such  an  amendment  is 
consistent  with  the  agency's  philosophy  of  promul- 
gating standards  that  are  as  performance-oriented  as 
possible,  consistent  with  the  goal  of  obtaining  specific 
types  of  safety  performance.  While  the  selective  posi- 
tion prismatic  mirror  was  the  principal,  perhaps  only, 
known  glare-reducing  mirror  technique  when  the 
standard  was  initially  promulgated,  new  technologies 
are  now  available  which  offer  other  and  perhaps  im- 
proved means  for  glare  reduction.  Accordingly,  the 
agency  tentatively  concluded  that  adopting  the 
proposal  would  facilitate  the  production  of  new  mirror 
designs  that  may  improve  motor  vehicle  safety.  These 
new  technologies  may  provide  better  glare  protection 
because  they  automatically  adjust  reflectance  levels 
based  on  the  amount  of  light  striking  them.  In  addi- 
tion, they  may  be  practical  for  use  as  exterior  mirrors. 
The  NPRM  requested  comments  on  several  subissues 
related  to  section  Sll  and  multiple  reflectance  mirrors. 
These  included  determining  the  appropriate  wording 
of  the  regulatory  text  to  obtain  a  performance  oriented 
standard  that  is  not  design  restrictive,  eliminating  the 
phrase  "reflective  film,"  and  updating  the  section  so 
that  it  refers  to  the  Society  of  Automotive  Engineers' 
(SAE)  more  recent  Recommended  Practice. 

Comments  to  the 
NPRM  and  the  Agency's  Response 
NHTSA  received  six  comments  in  response  to  the 
NPRM.  These  were  from  mirror  manufacturers  (Don- 
nelly and  Gentex)  and  vehicle  manufacturers  (General 
Motors,  Ford,  Chrysler,  and  Toyota).  The  majority  of 
commenters  agreed  with  the  general  proposal  to  amend 
section  Sll.  Ford  and  Toyota  commented  about 
specific  provisions  in  the  proposal.  The  agency  has 
considered  the  points  raised  by  the  commenters  in 
developing  the  final  rule.  The  agency's  discussion  of 
the  more  significant  comments  and  other  relevant 
information  is  set  forth  below. 

General  Comments 

As  explained  above,  Sll's  express  reference  to 

mirrors  of  the  "selective  position  prismatic  type"  led 

to  the  proposal  to  amend  the  provision  to  clarify  its 


intent  and  applicability.  Accordingly,  the  proposal 
omitted  reference  to  "selective  position  prismatic  type" 
mirrors. 

Donnelly,    Gentex,    General    Motors,    Ford,    and  / 

Chrysler  all  agreed  with  the  proposal's  intent  to  make  V 

the  standard  more  performance  oriented  by  deleting 
language  that  is  specific  to  certain  designs  or  tech- 
nologies. The  only  other  commenter,  Toyota,  was  silent 
about  its  overall  view  about  the  rulemaking. 

Regulatory  Text 

The  NPRM  also  proposed  that  a  mirror  provide  a 
reflectance  level  of  at  least  35  percent  when  in  its 
normal  operating  state  and  at  least  4  percent  when  in 
its  glare  reducing  state.  In  describing  these  require- 
ments, the  proposed  regulatory  text  referred  to  the 
"day  and  night  position  or  mode."  The  proposal  also 
stated  that  when  a  multiple  reflectance  mirror  is  "not 
powered,"  that  state  would  be  considered  as  equiva- 
lent to  the  day  position  or  mode. 

Ford  and  Toyota  were  concerned  that  the  proposal 
would  restrict  the  installation  of  certain  mirror  designs 
that  they  believed  provide  adequate  levels  of  safety. 
In  describing  its  "electro/mechanical  mirror,"  Ford 
explained  that  this  powered  selective  prismatic  type 
mirror  uses  power  only  to  shift  the  mirror  from  one 
reflectance  position  to  another  but  does  not  use  any 
power  while  in  either  position  to  provide  a  reflectance  i 

level.  Ford  further  explained  that  if  the  power  failed,  " 

the  mirror  could  be  manually  repositioned  to  the  high 
reflectance  level.  Ford  was  concerned  that  the  pro- 
posed amendment  would  prohibit  its  mirror  without 
providing  any  significant  safety  benefit  because  the 
failure  mode  of  its  mirror  is  the  same  as  the  normal 
operation  of  a  conventional  selective  prismatic  mirror. 
Toyota  described  its  liquid  crystal  interior  mirror, 
which  when  not  powered  (i.e.,  when  the  ignition  key 
is  withdrawn)  defaults  to  the  heavily  tinted  night 
setting. 

"Day/Night  Setting" 

Ford  requested  that  section  Sll  be  modified  to  omit 
reference  to  the  "day"  and  "night"  positions  or  modes. 
It  believed  that  the  terms  "day"  and  "night"  are  easily 
understood  for  mirrors  with  only  two  reflectance  levels, 
but  are  ambiguous  for  mirrors  that  have  more  than  two 
reflectance  levels.  Accordingly,  Ford  suggested  that 
section  Sll  refer  to  "maximum"  and  "minimum" 
reflectance  levels  rather  than  day  and  night  positions 
or  modes. 

After  reviewing  Ford's  comment,  the  agency  believes 
that  the  terms  "day"  and  "night"  help  to  clarify  the         i 
reflectance  modes  described  in  the  standard.  \ 


PART  571;  Slll-PRE  26 


"Not  powered" 
Ford  and  Toyota  expressed  concern  about  problems 
involved  in  complying  with  the  proposed  requirement 
that  the  mirrors  provide  reflectance  levels  of  at  least 
35  percent  when  they  are  "not  powered."  Ford  stated 
that  while  this  requirement  is  appropriate  for  mirrors 
which  require  electrical  power  to  maintain  the  maxi- 
mum reflectance  mode,  the  provision  is  inappropriate 
for  its  powered  selective  prismatic  mirror,  which  has 
a  fail-safe  capacity  to  shift  the  mirror  to  the  maximum 
reflectance  mode  in  case  of  power  failure.  Toyota 
stated  that  its  liquid  crystal  interior  mirror  defaults  to 
the  low  reflectance  mode  in  case  of  power  failure.  It 
did  not  mention  any  fail-safe  provisions  for  this  mirror 
in  case  of  power  failure.  Toyota  commented  that  the 
requirement  for  high  transmittance  in  the  absence  of 
power  is  not  necessary  because  the  only  situation  in 
which  the  mirror  would  not  be  powered  is  when  the 
key  is  out  of  the  ignition  switch,  a  time  when  the  mirror 
is  not  needed.  Toyota  further  contended  that  the 
NPRM  failed  to  justify  this  provision. 

NHTSA  agrees  with  Ford's  comments  and  has 
modified  the  final  rule  so  that  mirror  designs  that  ensure 
the  viewing  of  images  during  all  light  conditions  are  not 
prohibited.  Specifically,  the  final  rule  omits  the  phrase 
"not  powered."  The  final  rule  also  expressly  specifies 
requirements  for  a  fail-safe  device  permitting  the  driver 
to  adjust  the  mirror  to  the  high  reflectance  mode. 

As  for  the  phrase  "not  powered,"  NHTSA  has 
determined  that  the  proposal's  intent  to  provide  an 
electrical  fail-safe  condition  can  be  met  by  specifying 
that  a  multiple  reflectance  mirror  shall  either  be 
equipped  with  a  means  for  the  driver  to  adjust  the 
mirror  to  a  reflectance  level  of  at  least  35  percent  in 
the  event  of  electrical  failure,  or  achieve  such  reflec- 
tance level  automatically  in  the  event  of  electrical 
failure.  This  language  will  permit  mirror  designs  like 
Ford's  electro/mechanical  mirror,  which  can  be  manu- 
ally adjusted  to  provide  adequate  images  in  case  of 
power  failure. 

However,  the  amendment  will  not  permit  Toyota's 
current  liquid  crystal  mirror,  since  the  mirror  cannot 
provide  adequate  images  in  the  case  of  power  failure. 
After  reviewing  the  comments,  the  agency  believes  that 
multiple  reflectance  mirrors  should  be  capable  of  provid- 
ing adequate  images  in  the  event  of  electrical  failure. 

Toyota  commented  that  the  proposal  should  be  modi- 
fied so  that  its  liquid  crystal  mirror  is  not  prohibited. 
First,  Toyota  stated  that  the  requirement  for  high 
transmittance  in  the  absence  of  power  is  unnecessary, 
claiming  that  the  only  situation  in  which  the  mirror 
would  not  be  powered  is  when  the  key  is  out  of  the 
ignition  switch,  a  time  when  the  mirror  is  not  needed. 
Second,  it  stated  that  the  preamble  to  the  NPRM  did 
not  justify  this  provision. 


In  response  to  Toyota's  argument  that  a  high  trans- 
mittance level  is  not  needed  in  the  absence  of  power, 
NHTSA  notes  that  Toyota's  liquid  crystal  mirror 
defaults  to  a  heavily  tinted  reflective  surface  that  is  in- 
capable of  providing  a  proper  image  in  normal  daylight 
conditions.  Accordingly,  any  time  the  mirror  is  not  pow- 
ered, the  driver  experiences  significant  reductions  in 
rearward  vision  because  the  interior  mirror  cannot  pro- 
vide an  adequate  image.  Contrary  to  Toyota's  claim  that 
the  only  time  that  a  mirror  would  be  unpowered  is  when 
the  key  is  out  of  the  ignition  switch,  the  agency  knows 
of  other  situations  in  which  this  mirror  would  be  un- 
powered and  thus  would  not  be  able  to  provide  high 
reflectance  levels  necessary  for  daytime  driving.  For  in- 
stance, when  there  are  connector  faults  or  circuit  board 
faults,  the  mirror  would  be  unpowered,  even  though  the 
vehicle  could  be  operational.  Given  the  expense  of 
repairing  or  replacing  a  liquid  crystal  mirror,  some  car 
owners,  particularly  those  of  older  cars,  would  likely  be 
slow  to  have  a  failed  mirror  fixed. 

The  agency  notes  that  Nippondenso,  a  supplier  of 
electrical  equipment  for  Toyota,  described  an  opposite 
polarity  fail-safe  liquid  crystal  mirror  in  a  Society  of 
Automotive  Engineer's  paper  Fail-Safe  Type  Liquid 
Crystal  Mirror  for  Automobiles  (870637).  This  paper 
described  the  safety  problem  as  "the  breaking  of  the 
circuit  ware."  It  also  indicated  that  a  fail-safe  liquid 
crystal  design  "suitable  for  safe  driving"  has  been 
achieved  by  using  a  liquid  crystal  layer  which  is  aligned 
perpendicular  rather  than  parallel  to  the  substrate  in 
the  initial  unpowered  state. 

In  response  to  Toyota's  second  argument  about  the 
proposal's  preamble  not  addressing  the  fail-safe  issue, 
NHTSA  notes  that  the  regulatory  text  provided  ade- 
quate notice  about  this  issue,  and  that  both  Toyota  and 
Ford  expressed  their  views  on  it. 

Given  that  safety  standards  are  required  to  meet  the 
need  for  motor  vehicle  safety,  the  rulemaking's  over- 
riding focus  must  be  to  ensure  that  mirrors  are  capa- 
ble of  providing  adequate  rearview  vision  at  all  times 
during  the  vehicle's  operation.  The  agency  does  not 
believe  it  would  be  appropriate  to  permit  new  mirror 
designs  with  the  potential  for  providing  poorer  safety 
performance  than  selective  prismatic  mirrors.  Selec- 
tive prismatic  mirrors  are  always  capable  of  providing 
adequate  images  because  they  are  adjustable  to  the 
high  reflectance  position,  while  Toyota's  liquid  crystal 
mirror  is  not. 

Reflective  Film 
The  NPRM  proposed  to  amend  Sll  by  deleting  refer- 
ence to  the  "reflectance  value  of  the  reflective  film" 
because  this  phrase  had  the  potential  of  being  unneces- 
sarily design  restrictive.  The  proposal  explained  that 
certain  mirrors  rely  on  a  substance  other  than  "film" 
for  their  reflectance. 


PART  571;  Slll-PRE  27 


Chrysler,  which  was  the  only  commenter  to  address 
this  matter,  supported  the  proposal  to  eliminate  the 
phrase  about  reflective  film.  Chrysler  agreed  with  the 
proposal  that  there  are  other  substances  available  that 
have  the  ability  to  reflect  light  which  should  be  allowed 
for  mirror  applications. 

Based  on  the  proposal,  the  agency  has  decided  to 
adopt  the  proposal  to  delete  reference  to  the  use  of 
reflective  film.  Such  a  requirement  had  the  potential 
to  be  design  restrictive. 

Society  of  Automotive  Engineers  (SAE) 
Recommended  Practice 

The  NPRM  proposed  to  amend  Sll  by  updating  it 
to  refer  to  the  SAE's  more  recent  recommended  prac- 
tice. While  Sll  currently  refers  to  SAE  Recommend- 
ed Practice  J964a,  August  1974,  the  SAE  reaffirmed 
the  Recommended  Practice  without  substantive  change 
in  October  of  1984. 

Chrysler,  which  was  the  only  commenter  to  address 
this  matter,  supported  the  proposal  to  update  the  refer- 
ence to  the  more  recent  SAE  practice. 

Based  on  the  proposal,  the  agency  has  decided  to 
adopt  the  proposal  to  update  Sll  to  recent  SAE 
practice. 

Leadtime 

The  NPRM  explained  the  agency's  tentative  conclu- 
sion that  there  was  "good  cause"  to  propose  an  effec- 
tive date  30  days  after  publication  of  the  final  rule.  The 
agency  reasoned  that  a  longer  leadtime  was  not  neces- 
sary because  this  amendment  would  remove  a  restric- 
tion and  facilitate  the  introduction  of  certain  mirrors 
without  imposing  any  mandatory  requirement  on 
manufacturers.  The  proposal  also  stated  that  the  public 
interest  would  be  served  by  not  delaying  the  introduc- 
tion of  mirrors  that  may  provide  better  performance 
without  having  any  negative  impact  on  safety. 

Toyota  stated  that  because  the  proposal  would  im- 
pose a  new  mandatory  requirement  on  its  vehicles 
equipped  with  the  liquid  crystal  mirror,  additional  lead- 
time  was  necessary. 

NHTSA  believes  that  the  amendment  allows  the 
present  minimum  safety  performance  to  be  met  or 


exceeded  by  new  technology  and  does  not  place  new 
requirements  on  mirrors.  Nevertheless,  the  agency 
believes  that  the  30  day  effective  date  is  too  short  to 
allow  Toyota  to  comply  with  the  clarification.  Toyota 
apparently  introduced  a  mirror  design  it  believed  was 
in  compliance  with  the  standard.  Toyota  should  be 
given  sufficient  time  to  improve  or  replace  a  mirror 
that  the  agency  assumes  was  designed  in  good  faith 
during  a  time  in  which  this  rule  needed  to  be  clarified. 
Accordingly,  the  amendments  become  effective  on  Sep- 
tember 1,  1992;  however,  vehicles  manufactured  be- 
fore September  1,  1992  may  comply  voluntarily  with 
this  rule's  amendments,  effective  30  days  after  publi- 
cation of  this  final  rule. 

In  consideration  of  the  foregoing,  NHTSA  is  amend- 
ing §  571.111  of  Title  49  of  the  Code  of  Federal  Regu- 
lations as  follows: 

In  §  571.111,  Sll  is  revised  effective  on  and  after 
September  1,  1992,  and  may  be  used  at  the  manufac- 
turer's option  before  this  date,  effective  December  20, 
1991. 

Sll.  Mirror  Construction.  The  average  reflectance 
of  any  mirror  required  by  this  standard  shall  be  deter- 
mined in  accordance  with  SAE  Recommended  Prac- 
tice J964,  OCT84.  All  single  reflectance  mirrors  shall 
have  an  average  reflectance  of  at  least  35  percent.  If 
a  mirror  is  capable  of  multiple  reflectance  levels,  the 
minimum  reflectance  level  in  the  day  mode  shall  be  at 
least  35  percent  and  the  minimum  reflectance  level  in 
the  night  mode  shall  be  at  least  4  percent.  A  multiple 
reflectance  mirror  shall  either  be  equipped  with  a  me- 
ans for  the  driver  to  adjust  the  mirror  to  a  reflectance 
level  of  at  least  35  percent  in  the  event  of  electrical 
failure,  or  achieve  such  reflectance  level  automatically 
in  the  event  of  electrical  failure. 

Issued  on:  November  14,  1991 


Jerry  Ralph  Curry 
Administrator 


56  F.R.  58513 
November  20,  1991 


PART  571:  Slll-PRE  28 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  11  1 
Rearview  Mirrors 


51.  Scope.  This  standard  specifies  require- 
ments for  the  performance  and  location  of  rear- 
view  mirrors. 

52.  Purpose.  The  purpose  of  this  standard  is 
to  reduce  the  number  of  deaths  and  injuries  that 
occur  when  the  driver  of  a  motor  vehicle  does  not 
have  a  clear  and  reasonably  unobstructed  view  to 
the  rear. 

53.  Application.  This  standard  applies  to 
passenger  cars,  multipurpose  passenger  vehicles, 
trucks,  buses,  school  buses  and  motorcycles. 

54.  Definition.  "Unit  magnification  mirror" 
means  a  plane  or  flat  mirror  with  a  reflective  sur- 
face through  which  the  angular  height  and  width  of 
the  image  of  an  object  is  equal  to  the  angular 
height  and  width  of  the  object  when  viewed  di- 
rectly at  the  same  distance  except  for  flaws  that  do 
not  exceed  normal  manufacturing  tolerances.  For 
the  purposes  of  this  regulation  a  prismatic  day- 
night  adjustment  rearview  mirror  one  of  whose 
positions  provides  unit  magnification  is  considered 
a  unit  magnification  mirror. 

["Convex  mirror"  means  a  mirror  having  a 
curved  reflective  surface  whose  shape  is  the  same 
as  that  of  the  exterior  surface  of  a  section  of  a 
sphere.  (47  F.R.  38698— September  2, 1982.  Effective: 
September  2,  1982)1 

85.     Requirements  for  passenger  cars. 

S5.1.  Inside  rearview  mirror.  Each  passenger  car 
shall  have  an  inside  rearview  mirror  of  unit 
magnification. 

S5.1 .1 .  Field  of  view.  Except  as  provided  in  S5.3, 
the  mirror  shall  provide  a  field  of  view  with  an  in- 
cluded horizontal  angle  measured  from  the  pro- 
jected eye  point  of  at  least  20  degrees,  and  suffi- 
cient vertical  angle  to  provide  a  view  of  a  level  road 
surface  extending  to  the  horizon  beginning  at  a 
point  not  greater  than  200  feet  to  the  rear  of  the 


vehicle  when  the  vehicle  is  occupied  by  the  driver 
and  four  passengers  or  the  designed  occupant 
capacity,  if  less,  based  on  an  average  occupant 
weight  of  150  pounds.  The  Hne  of  sight  may  be  par- 
tially obscured  by  seated  occupants  or  by  head 
restraints.  The  location  of  the  driver's  eye 
reference  points  shall  be  those  established  in  Motor 
Vehicle  Safety  Standard  No.  104  (§  571.104)  or  a 
nominal  location  appropriate  for  any  95th  percen- 
tile male  driver. 

S5.1.2.  Mounting.  The  mirror  mounting  shall 
provide  a  stable  support  for  the  mirror,  and  shall 
provide  for  mirror  adjustment  by  tilting  in  both  the 
horizontal  and  vertical  directions.  If  the  mirror  is 
in  the  head  impact  area,  the  mounting  shall  deflect, 
collapse  or  break  away  without  leaving  sharp 
edges  when  the  reflective  surface  of  the  mirror  is 
subjected  to  a  force  of  90  pounds  in  any  forward 
direction  that  is  not  more  than  45°  from  the  for- 
ward longitudinal  direction. 

S5.2.     Outside  rearview  mirror— driver's  side. 

55.2.1.  Field  of  view.  Each  passenger  car  shall 
have  an  outside  mirror  of  unit  magnification.  The 
mirror  shall  provide  the  driver  a  view  of  a  level 
road  surface  extending  to  the  horizon  from  a  line, 
perpendicular  to  a  longitudinal  plane  tangent  to 
the  driver's  side  of  the  vehicle  at  the  widest  point, 
extending  8  feet  out  from  the  tangent  plane  35  feet 
behind  the  driver's  eyes,  with  the  seat  in  the  rear- 
most position.  The  line  of  sight  may  be  partially 
obscured  by  the  rear  body  or  fender  contours.  The 
location  of  the  driver's  eye  reference  points  shall 
be  those  established  in  Motor  Vehicle  Safety 
Standard  No.  104  (§  571.104)  or  a  nominal  location 
appropriate  for  any  95th  percentile  male  driver. 

55.2.2.  IVIounting.  The  mirror  mounting  shall 
provide  a  stable  support  for  the  mirror,  and 
neither  the  mirror  nor  the  mounting  shall  pro- 
trude farther  than  the  widest  part  of  the  vehicle 


(Rev.  9/2/82) 


PART  571;  S  111-1 


body  except  to  the  extent  necessary  to  produce  a 
field  of  view  meeting  or  exceeding  the  require- 
ments of  S5.2.1.  The  mirror  shall  not  be  obscured 
by  the  unwiped  portion  of  the  windshield,  and  shall 
be  adjustable  by  tilting  in  both  horizontal  and  ver- 
tical directions  from  the  driver's  seated  position. 
The  mirror  and  mounting  shall  be  free  of  sharp 
points  or  edges  that  could  contribute  to  pedestrian 
injury. 

55.3.  Outside  rearview  mirror  passenger's  side. 

Each  passenger  car  whose  inside  rearview  mirror 
does  not  meet  the  field  of  view  requirements  of 
S5.1.1  shall  have  an  outside  mirror  of  unit 
magnification  or  a  convex  mirror  installed  on  the 
passenger's  side.  The  mirror  mounting  shall  pro- 
vide a  stable  support  and  be  free  of  sharp  points  or 
edges  that  could  contribute  to  pedestrian  injury. 
The  mirror  need  not  be  capable  of  adjustment  by 
tilting  in  both  horizontal  and  vertical  directions. 

55.4.  Convex  mirror  requirements.  Each  motor 
vehicle  using  a  convex  mirror  to  meet  the  require- 
ments of  S5.3  shall  comply  with  the  following  re- 
quirements: 

55.4.1 .  When  each  convex  mirror  is  tested  in  ac- 
cordance with  the  procedures  specified  in  S12  of 
this  standard,  none  of  the  radii  of  curvature 
readings  shall  deviate  from  the  average  radius  of 
curvature  by  more  than  plus  or  minus  12.5  percent. 

55.4.2.  Each  convex  mirror  shall  have  per- 
manently and  indelibly  marked  at  the  lower  edge 
of  the  mirror's  reflective  surface,  in  letters  not  less 
than  %6  inch  or  more  than  'A  inch  high,  the  words 
"Objects  in  Mirror  Are  Closer  Than  They 
Appear."  (48  F.R.  38842— August  26, 1983.  Effective: 
August  26,  1983) 

55.4.3.  The  average  radius  of  curvature  of  each 
such  mirror,  as  determined  by  using  the  procedure 
in  S12,  shall  be  not  less  than  35  inches  and  not 
more  than  65  inches. 

S6.  Requirements  for  multipurpose  passenger 
vehicles,  trucks,  and  buses,  other  than  school  buses, 
with  GVWR  of  10,000  pounds  or  less. 

S6.1.  Each  multipurpose  passenger  vehicle, 
truck  and  bus,  other  than  a  school  bus,  with  a 
GVWR  of  10,000  pounds  or  less  shall  have  either— 

(a)  Mirrors  that  conform  to  the  requirements  of 
S5;  or 


(b)  Outside  mirrors  of  unit  magnification,  each 
with  not  less  than  19.5  in^  of  reflective  surface,  in- 
stalled with  stable  supports  on  both  sides  of  the 
vehicle,  located  so  as  to  provide  the  driver  a  view 
to  the  rear  along  both  sides  of  the  vehicle,  and  ad- 
justable in  both  the  horizontal  and  vertical  direc- 
tions to  view  the  rearward  scene. 

57.  Requirements  for  multipurpose  passenger 
vehicles  and  trucks  with  a  GVWR  of  more  than  10,000 
and  less  than  25,000  pounds  and  buses,  other  than 
school  buses,  with  a  GVWR  of  more  than  10,000 
pounds. 

S7.1.  Each  multipurpose  passenger  vehicle  and 
trucks  with  a  GVWR  of  more  than  10,000  pounds 
and  less  than  25,000  pounds  and  each  bus,  other 
than  a  school  bus,  with  a  GVWR  of  more  than 
10,000  pounds  shall  have  outside  mirors  of  unit 
magnification,  each  with  not  less  than  50  in^  of 
reflective  surface,  installed  with  stable  supports  on 
both  sides  of  the  vehicle.  The  mirrors  shall  be 
located  so  as  to  provide  the  driver  a  view  to  the 
rear  along  both  sides  of  the  vehicle  and  shall  be  ad- 
justable both  in  the  horizontal  and  vertical  direc- 
tions to  view  the  rearward  scene. 

58.  Requirements  for  multipurpose  passenger 
vehicles  and  trucks  with  a  GVWR  of  25,000  pounds  or 
more. 

S8.1.  Each  multipurpose  passenger  vehicle  and 
truck  with  a  GVWR  of  25,000  pounds  or  more  shall 
have  outside  mirrors  of  unit  magnification,  each 
with  not  less  than  50  in^  of  reflective  surface, 
installed  with  stable  supports  on  both  sides  of  the 
vehicle.  The  mirrors  shall  be  located  so  as  to  pro- 
vide the  driver  a  view  to  the  rear  along  both  sides 
of  the  vehicle  and  shall  be  adjustable  both  in  the 
horizontal  and  vertical  directions  to  view  the  rear- 
ward scene. 

59.  Requirements  for  school  buses. 

S9.1.  Outside  rearview  mirrors.  Each  school  bus 
shall  have  outside  mirrors  of  unit  magnification, 
each  with  not  less  than  50  in^  of  reflective  surface, 
installed  with  stable  supports  on  both  sides  of  the 
vehicle.  The  mirrors  shall  be  located  so  as  to  pro- 
vide the  driver  a  view  to  the  rear  along  both  sides 
of  the  vehicle  and  shall  be  adjustable  both  in  the 
horizontal  and  vertical  directions  to  view  the  rear- 
ward scene. 


(Rev.  8/26/83) 


PART  571;  S  111-2 


S9.2.  Outside  cross  view  mirror.  Each  school 
bus,  except  one  which  is  a  forward  control  vehicle, 
shall  have  a  convex  mirror  which  complies  with  the 
requirements  in  paragraphs  (a)  and  (b)  of  this 
section. 

(a)  The  convex  mirror  shall  have  a  radius  of  cur- 
vature not  less  than  3.5  inches  and  not  more  than 
25  inches.  A  convex  mirror  whose  radius  of  cur- 
vature at  its  persphery  is  not  less  than  12  inches 
and  not  more  than  25  inches  shall  have  a  surface 
area  which  is  not  less  than  40  square  inches.  A  con- 
vex mirror  whose  radius  of  curvature  at  any  point 
on  the  mirror  is  less  than  12  inches  shall  have  a 
projected  area  of  not  less  than  40  square  inches, 
measured  on  a  plane  at  a  right  angle  to  the 
mirror's  axis.  A  convex  mirror  with  a  non-uniform 
radius  shall  comply  with  the  following  criteria: 

(1)  The  radius  at  the  periphery  of  the  mirror 
shall  be  not  less  than  75  percent  of  the  radius  at 
the  center  of  the  mirror. 

(2)  Along  the  intersection  of  any  plane  con- 
taining the  axis  of  symmetry  of  the  mirror  and 
the  surface  of  the  mirror,  the  length  of  the 
radius,  as  measured  by  a  spherometer,  shall  be 
monotonically  non-increasing  when  moving  from 
the  axis  of  symmetry  to  the  periphery  along  the 
intersection. 

(3)  Along  the  intersection  described  in  para- 
graph (a)(2)  of  this  section  there  shall  be  no  dis- 
continuities in  the  slope  of  the  surface  of  the 
mirror. 

(b)  The  mirror  shall  be  installed  with  a  stable 
support,  and  mounted  so  as  to  provide  the  driver  a 
view  of  the  front  bumper  and  the  area  in  front  of 
the  bus. 

S10.     Requirements  for  motorcycles. 

S10.1.  Each  motorcycle  shall  have  either  a 
mirror  of  unit  magnification  with  not  less  than  12.5 
in^  of  reflective  surface,  or  a  convex  mirror  with 
not  less  than  10  in^  of  reflective  surface  and  an 
average  radius  of  curvature  not  less  than  20  inches 
and  not  greater  than  60  inches,  installed  with  a 
stable  support,  and  mounted  so  that  the  horizontal 
center  of  the  reflective  surface  is  at  least  11  inches 
outward  of  the  longitudinal  centerline  of  the 
motorcycle.  The  mirror  shall  be  adjustable  by 
tilting  in  both  the  horizontal  and  vertical  direc- 
tions. 


S11.  Mirror  construction.  [The  average  reflec- 
tance of  any  mirror  required  by  this  standard  shall 
be  determined  in  accordance  with  SAE  Recom- 
mended Practice  J964,  October  1984.  All  single 
reflectance  mirrors  shall  have  an  average  reflec- 
tance of  at  least  35  percent.  If  a  mirror  is  capable 
of  multiple  reflectance  levels,  the  minimum  reflec- 
tance level  in  the  day  mode  shall  be  at  least  35  per- 
cent and  the  minimum  reflectance  level  in  the 
night  mode  shall  be  at  least  4  percent.  A  multiple 
reflectance  mirror  shall  either  be  equipped  with  a 
means  for  the  driver  to  adjust  the  mirror  to  a 
reflectance  level  of  at  least  35  percent  in  the  event 
of  electrical  failure,  or  achieve  such  reflectance 
level  automatically  in  the  event  of  electrical 
failure.  (56  F.R.  58513— November  20, 1991.  Effective 
September  1,  1992.  Vehicles  manufactured  before 
September  1,  1992  may  comply,  effective  December 
20.  1991)1 

S12.     Determination  of  Radius  of  Curvature. 

S12.1.  To  determine  the  average  radius  of  cur- 
vature of  a  convex  mirror,  use  a  3-point  linear 
spherometer,  which  meets  the  requirements  of 
S12.2.,  at  the  10  test  positions  shown  in  Figure  1 
and  record  the  readings  for  each  position. 


(Rev.  11/20/91) 


512.2.  The  3-point  linear  spherometer  has  two 
outer  fixed  legs  1.5  inches  apart  and  one  inner 
movable  leg  at  the  midpoint.  The  spherometer  has 
a  dial  indicator  with  a  scale  that  can  be  read 
accurately  to  0.0001  inches,  with  the  zero  reading 
being  a  flat  surface. 

512.3.  The  10  test  positions  on  the  image  display 
consist  of  two  positions  at  right  angles  to  each 
other  at  each  of  five  locations  as  shown  in  Figure  1. 
The  locations  are  at  the  center  of  the  mirror,  at  the 
left  and  right  ends  of  a  horizontal  line  that  bisects 

PART  571;  S  111-3 


the  mirror  and  at  the  top  and  bottom  ends  of  a  ver- 
tical line  that  bisects  the  mirror.  None  of  the 
readings  are  within  0.25-inch  border  on  the  edge  of 
the  image  display. 

512.4.  At  each  test  position,  the  spherometer  is 
held  perpendicular  to  the  convex  mirror-surface 
and  a  record  is  made  of  the  reading  on  the  dial  in- 
dicator to  the  nearest  0.0001  inch. 

512.5.  Convert  the  dial  reading  data  for  each  of 
the  10  test  positions  to  radius  of  curvature  calcula- 
tions using  Table  I.  Consider  the  change  as  linear 
for  dial  readings  that  fall  between  two  numbers  in 
Table  I. 

SI  2.6.  Calculate  the  average  radius  of  cur- 
vature by  adding  all  10  radius  of  curvature  calcula- 
tions and  dividing  by  ten. 

S12.7.  Determine  the  numerical  difference  be- 
tween the  average  radius  of  curvature  and  each  of 
the  10  individual  radius  of  curvature  calculations 
determined  in  SI 2. 5. 


S12.8.  Calculate  the  greatest  percentage  devia- 
tion by  dividing  the  greatest  numerical  difference 
determined  in  S12.7  by  the  average  radius  of  cur- 
vature and  multiply  by  100. 

INTERPRETATION 

(1)  When  a  supplemental  mirror  is  furnished  in 
addition  to  the  inside  rearview  mirror  and  the 
driver's  side  outside  rearview  mirror,  the  sup- 
plemental mirror  need  not  be  adjustable  from  the 
driver's  seat. 

(2)  The  location  of  the  driver's  eye  reference 
point  may  be  that  established  in  Motor  Vehicle 
Safety  Standard  No.  104,  or  it  may  be  a  nominal 
location  appropriate  for  any  95th  percentile  male 
driver. 

(3)  The  horizontal  angle  is  measured  from  the 
projected  eye  point,  rather  than  the  plane  of  the 


32  F.R.  2413 
February  3,  1967 


PART  571;  S  111-4 


PREAMBLE  TO  AN  AMENDMENT  TO 

FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  121 

Air  Brake  Systems 

(Docket  No.  87-04;  Notice  7) 

RIN:  2127-AC73 


ACTION:    Final  rule. 

SUMMARY:  This  rule  amends  Standard  No.  121,  Air 
Brake  Systems,  to  revise  the  timing  requirements  for 
parking  brake  systems,  add  new  requirements  concern- 
ing release  performance  and  accumulation  of  actuation 
energy  for  parking  brakes,  and  incorporate  an  earlier 
agency  interpretation  of  the  standard  into  the  stand- 
ard. These  changes  are  intended  to  ensure  the  prac- 
ticability and  objectivity  of  the  parking  brake  timing 
test,  and  clarify  that  a  diaphragm  is  not  considered  a 
component  of  a  brake  chamber  housing,  as  that  term 
is  used  in  Standard  No.  121.  The  rule  will  make  the 
testing  procedure  easier  to  perform  and  more  objec- 
tive, eliminate  confusion  about  the  application  of  the 
standard  to  single  diaphragm  brake  systems,  and  im- 
prove the  consistency  of  the  regulatory  language. 

EFFECTIVE  DATE:  This  amendment  is  effective 
December  9,  1991. 

SUPPLEMENTARY  INFORMATION: 

/.    Background 
A.  March  1988  Final  Rule 

In  a  final  rule  published  in  the  Federal  Register(5S 
FR  7931)  on  March  11,  1988,  NHTSA  amended  Stand- 
ard No.  121,  Air  Brake  Systems,  to  clarify  the  stand- 
ard's parking  brake  requirements,  particularly  as  they 
relate  to  air-applied,  mechanically  held  parking  brake 
systems.  The  amendments  required  actuation  of  a 
mechanical  means  for  parking  brake  application  at  the 
requisite  level  of  retardation  within  three  seconds  af- 
ter operation  of  the  parking  brake  control,  (For  trail- 
ers, such  actuation  was  required  within  three  seconds 
after  venting  to  the  atmosphere  of  the  front  supply  line 
connection  is  initiated.)  In  addition,  vehicles  were  re- 
quired to  be  capable  of  meeting  requirements  related 
to  parking  brake  retardation  force  within  the  three 
second  period.  The  amendments  also  required  that  the 
grade  holding  test  (or  alternative  drawbar  test)  be  met 
with  only  the  mechanical  means  for  parking  brake  ap- 
plication in  operation. 

The  primary  rationale  for  the  parking  brake  timing 
requirements  is  NHTSA's  belief  that  a  vehicle's  park- 


ing brake  system  should  generate  retardation  force  in 
as  short  a  time  as  is  practicable,  since  the  parking  brake 
system  is  sometimes  used  as  an  emergency  braking  sys- 
tem. The  approach  of  the  March  1988  final  rule  was 
to  require  that  vehicles  be  capable  of  meeting  parking 
brake  retardation  force  requirements,  specified  in 
terms  of  a  grade  holding  or  draw  bar  test'  within  a 
specified  time.  For  trucks  and  buses,  the  amendments 
required  minimum  parking  retardation  force  require- 
ments to  be  met  at  all  times  after  three  seconds  from 
the  time  of  actuation  of  the  parking  brake  control.  For 
trailers,  the  amendments  required  minimum  parking 
retardation  force  requirements  to  be  met  at  all  times 
after  three  seconds  from  the  time  that  venting  to  the 
atmosphere  of  the  front  supply  line  connection  is 
initiated. 

In  responding  to  commenter  concerns  that  it  is  not 
possible  to  safely  conduct  the  grade  holding  or  draw 
bar  tests  within  three  seconds,  NHTSA  stated  in  the 
March  1988  final  rule  that  it  did  not  believe  that 
manufacturers  must,  as  a  practical  matter,  determine 
their  compliance  with  the  timing  requirement  during 
their  grade  holding  or  draw  bar  testing.  The  agency 
stated  that,  instead,  certification  could  be  accomplished 
by  using  an  engineering  analysis  of  the  vehicle's  park- 
ing brake  system  or,  if  necessary,  a  test  measuring  the 
air  pressure  in  the  parking  brake  system  to  determine 
when  the  pressure  reaches  zero.  The  assumption  un- 
derlying this  statement  is  that  if  a  vehicle  could  com- 
ply with  the  grade  holding  or  draw  bar  test  with  zero 
air  pressure  in  the  brake  chambers,  and  if  the  air  pres- 
sure in  the  brake  chambers  reached  zero  pressure 
within  three  seconds,  then  the  vehicle  would  be  able 
to  comply  with  the  grade  holding  or  draw  bar  test 
within  three  seconds.  It  should  be  noted  that  a  test  to 
determine  when  the  air  pressure  in  the  parking  brake 
system  reaches  zero  is  only  appropriate  for  vehicles 
equipped  with  spring  brake  parking  brake  systems.  For 
an  air-applied,  mechanically  held  parking  brake  system, 
a  comparable  test  would  determine  when  the  pressure 
in  the  parking  brake  chamber  reaches  full  application 
pressure. 

NHTSA  stated  in  the  March  1988  final  rule  that  it 
believed  all  parking  brakes  currently  being  sold 
complied  with  the  amendments  being  adopted.  The 


PART  571;  S121-PRE  197 


agency  also  stated  its  belief  that  since  any  necessary 
certification  could  be  accomplished  by  engineering 
analysis  and  simple  tests,  180  days  would  provide  suffi- 
cient leadtime  for  that  purpose.  The  amendments 
therefore  required  compliance  effective  180  days  af- 
ter publication  of  the  final  rule,  while  permitting 
manufacturers  to  comply  prior  to  that  time  with  either 
the  new  requirements  or  the  requirements  being 
superseded. 

B.  Petitions  for  Reconsideration 

NHTSA  received  petitions  for  reconsideration  from 
Navistar  International  Transportation  Corporation 
(Navistar)  and  Volvo  GM  Heavy  Truck  Corporation 
(Volvo  GM).  Both  of  the  petitions  concerned  the  park- 
ing brake  timing  requirements.  Navistar  was  con- 
cerned that  their  brake  systems  did  not  generate 
maximum  torque  since  they  required  partial  wheel 
rotation  after  the  three  seconds  to  reach  full  torque. 
(Most  modern-day  drum  brakes  are  self-energizing  and 
require  a  partial  rotation  to  help  the  primary  brake 
shoe  wedge  the  secondary  shoe  against  the  brake  drum 
with  greater  force.)  Volvo  GM  asked  that  the  agency 
rescind  the  application  of  the  requirement  to  tandem 
trucks  with  spring  brakes.  The  company  stated  that  its 
test  results  indicated  that  some  of  its  vehicles  would 
not  meet  grade  holding  tests  because  the  pressure  drop 
in  the  brake  system  after  three  seconds  still  left  a 
residual  air  pressure  of  less  than  five  poimds  per  square 
inch  (psi)-  enough  to  lower  the  brake  torque  by  a  sig- 
nificant amount.  Volvo  CM  also  suggested  that  the  100 
psi  initial  reservoir  system  pressure  test  condition  be 
deleted  because  they  claimed  that  use  of  a  specific  value 
was  design  restrictive.  In  partial  response  to  the  two 
petitions,  NHTSA  delayed  the  time  that  the  amend- 
ments would  become  effective  on  a  mandatory  basis, 
See  43  FR  35075,  September  9,  1988;  54  FR  25460, 
June  15,  1989.  The  purpose  of  the  delay  was  to  permit 
the  agency  to  complete  its  analysis  of  the  arguments 
made  by  the  petitioners,  and  to  provide  a  further 
response  to  the  petitions. 

C.  Notice  of  Proposed  Rulemaking  and  Response  to 
Petitions  for  Reconsideration 

In  response  to  the  above  petitions  for  reconsidera- 
tion, NHTSA  published  a  notice  of  proposed  rule- 
making (NPRM)  and  response  to  petitions  for 
reconsideration  on  February  8,  1990  (55  FR  4447).  The 
NPRM  proposed  to  amend  Standard  121's  parking 
brake  timing  requirements,  add  new  requirements  con- 
cerning release  performance  and  accumulation  of 
actuation  energy  for  parking  brakes,  and  incorporate 
an  earlier  agency  interpretation  of  the  standard  in  the 
language  of  the  standard. 

In  the  NPRM,  NHTSA  granted  the  Navistar  petition 
and  denied  the  Volvo  GM  petition.  The  agency  pro- 
posed to  revise  the  test  requirements  to  require  the 


vehicle  to  be  capable  of  meeting  the  parking  brake 
retardation  force  test  with  the  amount  of  pressure 
available  in  the  vehicle's  parking  brake  chambers  after 
a  three  second  period.  Any  brake  "wrap-up"  (partial 
revolution  of  the  braked  wheels  to  enable  the  brake 
shoes  to  reach  peak  torque)  time  would  not  be  required 
to  occur  during  the  three  second  test  period.  The 
agency  believed  that  the  proposed  parking  brake  tim- 
ing test  would  resolve  Navistar's  concern  about  "wrap- 
up."  Volvo  GM's  petition  to  rescind  the  application  of 
the  requirement  to  tandem  trucks  was  denied  because 
the  agency  found  nothing  in  the  use  or  design  of  heavy 
tandem  trucks  that  supported  a  need  for  such  a  rescis- 
sion and  determined  that  compliance  with  the  require- 
ments could  be  easily  ensured  by  the  addition  of  a  quick 
release  valve.  The  second  Volvo  GM  request  concern- 
ing test  conditions  was  also  denied.  This  request  was 
denied  because  specification  of  an  initial  reservoir  sys- 
tem pressure  is  necessary  to  insure  objectivity  of  test 
results.  In  addition,  a  100  psi  pressure  was  selected 
because  it  is  representative  of  the  brake  reservoir  sys- 
tem pressure  of  actual  vehicles.  The  request  was  also 
denied  because  Volvo  GM  did  not  suggest  any  other 
methods  to  ensure  objective  test  results  nor  did  it  claim 
that  the  test  condition  is  inappropriate  or  unrepresen- 
tative. Although  the  agency  denied  both  requests, 
NHTSA  believed  that  as  a  consequence  of  clarifying 
the  agency's  initial  intent  with  respect  to  whether  park- 
ing brake  chamber  air  pressure  must  reach  zero  within 
three  seconds,  the  proposed  test  would  likely  resolve 
some  of  Volvo  GM's  concerns. 

The  NPRM  also  proposed  new  requirements  concern- 
ing release  performance  and  accumulation  of  actuation 
energy  for  parking  brakes.  The  first  proposed  change 
would  add  a  requirement  that  a  vehicle's  parking 
brakes  not  be  releasable  unless  adequate  energy  is 
available  to  make  a  subsequent  application.  The  pur- 
pose of  the  proposed  requirement  was  to  prevent  situ- 
ations where  parking  brakes  are  released  when  the 
vehicle  has  no  braking  capability.  The  second  proposed 
change  would  add  a  requirement  that  an  accumulation 
of  energy  sufficient  to  apply  the  parking  brakes  at  least 
once  be  avaOable  to  the  parking  brake  system.  The  two 
proposed  requirements  would  together  ensure  that  a 
parking  brake  system  remains  "fail-safe"  in  the  event 
of  a  failure  of  another  brake  system  on  the  vehicle. 
Thus,  the  parking  brakes  could  not  be  released  unless 
they  were  capable  of  being  reapplied,  and  also  under 
the  same  conditions,  would  be  capable  of  at  least  one 
application. 

The  NPRM  stated  that  the  proposed  amendments 
would  become  effective  30  days  after  the  publication 
of  the  final  rule,  except  for  those  amendments  concern- 
ing release  performance  and  accumulation  of  actuation 
energy.  The  NPRM  proposed  that  mandatory  compli- 
ance with  the  proposed  new  requirements  would  be 
required  180  days  after  publication.  The  proposed 


PART  571;  S121-PRE  198 


requirements  concerning  release  performance  and 
accumulation  of  actuation  energy  were  also  proposed 
to  become  effective  180  days  after  publication. 

Finally,  the  NPRM  proposed  an  amendment  to 
Standard  No.  121  that  would  incorporate  a  conclusion 
of  a  NHTSA  letter  interpreting  the  standard.  Specifi- 
cally, the  amendment  would  make  clear  that  a 
diaphragm  is  not  a  component  of  a  brake  chamber  hous- 
ing, as  that  term  is  used  in  Standard  No.  121. 

In  response  to  the  NPRM,  16  comments  were  sub- 
mitted. All  of  these  comments  were  considered  in  con- 
nection with  this  final  rule,  and  the  most  significant 
are  discussed  below. 


//. 


to  Comments  and  Final  Rule 


A.  Parking  Brake  Timing  Requirements 

The  NPRM  proposed  that,  instead  of  expressly  re- 
quiring vehicles  to  be  capable  of  meeting  the  grade 
holding  or  draw  bar  test  within  three  seconds,  vehicles 
would  be  required  to  be  capable  of  meeting  the  park- 
ing brake  retardation  force  test  with  the  amount  of 
pressure  in  the  vehicle's  parking  brake  chambers  after 
the  three  second  period. 

General  Motors  Corporation  (GM)  supported  the  pro- 
posed amendment  and  commented  that,  by  separating 
the  timing  aspect  from  the  performance  requirement, 
NHTSA  removed  ambiguity  from  the  testing  require- 
ments of  Standard  No.  121.  MGM  Brakes,  a  division 
of  Indian  Head  Industries,  Inc.  (MGM),  believed  that 
compliance  with  the  three  second  requirement  might 
sacrifice  brake  torque  application.  As  an  example,  the 
company  noted  that  a  pressure  of  five  psi  in  the  park- 
ing brake  chamber  reduces  the  brake  chamber  output 
force  by  approximately  150  pounds,  or  900  inch-pounds 
with  a  six-inch  slack  adjuster. 

NHTSA  has  decided  to  retain  the  three  second  re- 
quirement. The  agency  believes  that  the  concerns  of 
MGM  do  not  provide  a  sufficient  justification  to  in- 
crease beyond  three  seconds  the  time  within  which  to 
exhaust  air  from  the  typical  brake  system.  Any  in- 
crease in  the  three  second  time  would  substantially 
increase  the  risk  of  a  vehicle  running  free  (i.e.,  without 
any  brakes)  before  the  emergency  braking  system 
became  effective.  Furthermore,  MGM  did  not  submit 
any  information  on  system  configuration  that  might  ex- 
plain why  it  needed  more  than  three  seconds  to  fully 
exhaust  air  from  the  braking  chambers.  Finally,  MGM 
is  a  component  supplier,  and  as  such,  does  not  have  to 
certify  any  vehicles.  The  agency  received  no  complaints 
from  truck  or  trailer  manufacturers,  who  do  have  to 
certify  vehicles,  that  the  three  second  requirement  is 
unreasonable.  The  agency  has  determined,  as  noted 
above,  that  compliance  can  be  easily  ensured  by  use 
of  a  quick  release  valve. 

Bendix  Heavy  Vehicle  Group,  of  Allied-Signal,  Inc. 
(Bendix),  suggested  that  Section  S5.6.3.4  be  modified 


to  state  that  the  parking  brake  effort  shall  not  decrease 
below  the  effort  obtained  within  three  seconds  from 
actuation  of  the  parking  brake  control.  NHTSA  is  not 
persuaded  that  such  an  amendment  is  necessary.  Sec- 
tion S5.6.3.3  clearly  states  that  there  should  be  no  air 
pressure  holding  the  parking  brake  system  after  three 
seconds.  The  agency  has  determined  that  if  there  is 
complete  compliance  with  Section  S5.6.3.3  (which  re- 
quires full  mechanical  actuation  of  the  parking  brakes), 
parking  brake  effort  will  not  decrease  from  the  effort 
obtained  within  three  seconds  of  actuation.  Thus, 
NHTSA  has  concluded  that  Bendix's  suggested  change 
is  unnecessary. 

B.  Denial  of  Volvo  GM's  Petition  for 
Reconsideration 

No  comments  were  received  concerning  NHTSA's 
denial  of  Volvo  GM's  petition  to  rescind  application  of 
the  requirement  to  tandem  trucks  equipped  with  spring 
brakes  or  its  suggestion  that  the  100  psi  initial  reser- 
voir system  pressure  test  condition  be  deleted. 

C.  Release  Performance;  Accumulation  of 
Actuation  Energy 

The  NPRM  proposed  a  new  requirement  concerning 
release  performance  and  accumulation  of  actuation 
energy  for  parking  brakes.  The  first  part  of  the  pro- 
posed requirement  was  that  a  vehicle's  parking  brakes 
not  be  releasable  unless  adequate  energy  is  available 
to  make  a  subsequent  application.  The  purpose  of  this 
part  of  the  requirement  was  to  prevent  situations 
where  parking  brakes  are  released  when  the  vehicle 
has  no  braking  capability.  The  second  part  of  the 
proposed  requirement  was  that  an  accumulation  of 
energy  sufficient  to  apply  the  parking  brakes  at  least 
once  be  available  to  the  parking  brake  system.  The  pro- 
posed requirement  was  intended  to  ensure  that  a  park- 
ing brake  system  remains  "fail-safe"  in  the  event  of 
a  failure  of  another  brake  system  on  the  vehicle.  Thus, 
as  proposed,  the  parking  brakes  could  not  be  released 
unless  they  were  capable  of  being  reapplied,  and,  un- 
der the  same  conditions,  were  capable  of  at  least  one 
reapplication. 

GM  commented  that  it  did  not  oppose  the  new  re- 
quirements and  stated  that  its  testing  of  its  air-braked 
vehicles  indicated  that  they  meet  the  requirements. 

International  Transquip  Industries  (ITI)  opposed  the 
proposed  requirement.  ITI  believed  that,  due  to  a  de- 
sign feature,  its  single  diaphragm  braking  system  could 
not  comply  with  the  proposed  test  sequence  require- 
ment of  Section  S5.6.6,  which  requires  actuation  of  the 
parking  brake  control,  release  actuation  after  thirty  se- 
conds, and  then  a  final  actuation.  ITI  stated  that  the 
safety-related  design  feature  prevents  release  of  the 
parking  brake  if  even  a  small  hole  exists  in  the  service 
diaphragm. 


PART  571;  S121-PRE  199 


As  originally  proposed,  the  ITI  system  would  not 
have  been  able  to  comply  with  the  test  sequence  re- 
quirement of  Section  S5.6.6.  However,  in  this  final  rule, 
the  wording  of  Section  S5.6.6  has  been  revised  from 
that  proposed  in  the  NPRM  to  be  consistent  with  the 
test  sequence  requirement  of  Section  S5.6.3.  Section 
S5.6.6  now  requires  that  the  supply  line  be  vented, 
pressurized,  and  then  again  vented.  Thus,  as  long  as 
the  manufacturer  goes  through  the  entire  test  proce- 
dure of  S5.6.6  and  the  brake  system  complies  with 
S5.6.5,  full  performance  (final  actuation  with  sufficient 
force)  at  the  end  of  the  testing  will  constitute  compli- 
ance with  the  requirements.  NHTSA  believes  that  all 
current  parking  brake  systems,  including  that  of  ITI, 
meet  the  requirements. 

Bendix  suggested  that  Section  S5.2.1.1.  which  re- 
quires a  protected  reservoir  at  90  psi,  be  eliminated 
since  the  proposed  sequence  for  trailers  (S5.6.6.6) 
allows  release  of  a  trailer  parking  brake  by  100  psi 
trailer  supply  line  pressure.  This  comment  concerns  a 
section  which  is  not  within  the  scope  of  this  final  rule. 
NHTSA  will  consider  the  change  suggested  by  this 
Bendix  in  another  rulemaking  which  is  now  pending. 

D.  Effective  Date 

The  NPRM  stated  that  the  proposed  amendments 
would  become  effective  30  days  after  the  publication  of 
the  final  rule,  except  for  those  amendments  concern- 
ing release  performance  and  accumulation  of  actuation 
energy.  From  that  time  until  179  days  after  publication 
of  the  final  rule,  manufacturers  would  have  been  aOowed 
to  comply  with  either  the  new  requirements  or  the 
pre-1988  requirements.  Mandatory  compliance  with  the 
proposed  new  requirements  would  have  been  required 
180  days  after  publication.  The  NPRM  also  stated  that 
the  proposed  requirements  concerning  release  perfor- 
mance and  accumulation  of  actuation  energy  would  also 
become  effective  180  days  after  publication. 

GM  stated  that  it  was  not  opposed  to  the  proposed 
effective  date  for  mandatory  compliance. 

Volvo  GM  objected  to  the  180  day  lead  time,  assert- 
ing that  the  proposal  would  require  "significant  rede- 
sign or  elimination  of  parking  brake  systems  that  do 
not  utilize  'conventional'  spring  brakes."  The  company 
said  it  needed  18  months  to  comply,  including  six 
months  to  "balance  stocks  on  hand  and  process  cus- 
tomer requests." 

NHTSA  has  determined  that  a  180  day  lead  time  for 
mandatory  compliance  is  reasonable.  As  noted  above, 
the  agency  believes  that  all  only  a  relatively  simple  and 
inexpensive  design  change  (such  as  the  inclusion  of  an 
additional  quick  release  valve  that  costs  $10-15)  will 
be  required  for  compliance  if  a  few  vehicles  do  not  com- 
ply with  the  requirements. 

E.  Clarification  That  a  Diaphragm  is  Not  a  Brake 
Chamber  Housing  Component 

The  NPRM  proposed  an  amendment  to  the  regula- 
tion that  would  incorporate  the  conclusion  of  an  inter- 


pretative letter  to  International  Transquip  Industries, 
Inc.,  dated  April  9,  1986,  that  a  diaphragm  within  a 
brake  chamber  is  not  a  component  of  a  brake  chamber 
housing  for  the  purposes  of  Standard  No.  121.  Under 
S5.6.3.1  and  S5.6.3.5  of  Standard  No.  121.  parking 
brake  systems  must  be  capable  of  meeting  minimum 
parking  brake  retardation  requirements  "with  any  sin- 
gle leakage-type  failure,  in  any  other  brake  system,  of 
a  part  designed  to  contain  compressed  air  or  brake  fluid 
(except  failure  of  a  component  of  a  brake  chamber  hous- 
ing)." NHTSA  notes  that  air-applied  mechanically  held 
parking  brake  systems  may  incorporate  a  single  brake 
chamber  that  is  common  to  both  the  service  and  park- 
ing brake  systems.  Since  a  failure  in  such  a  brake  cham- 
ber is  a  failure  of  the  service  brake  system  (as  well  as 
the  parking  brake  system),  it  is  a  failure  "in  any  other 
brake  system,"  in  the  context  of  S5. 6.3.1  and  S5.6.3.5. 

Of  the  12  responses  by  manufacturers,  users,  and 
brake  system  consultants,  10  were  opposed  to  the  agen- 
cy's proposed  amendment.  Nine  of  the  commenters  ex- 
pressly or  implicitly  stated  that  the  amendment  would 
eliminate  from  the  market  the  ITI  "Mini-Max"  brake 
system  (a  single-diaphragm  braking  system)  which  is 
considered  by  those  commenters  to  be  reliable  and  ef- 
fective. Those  commenters  included  ITI,  a  vehicle  user, 
a  parts  suppher,  and  several  consultants.  Bendix  com- 
mented that  the  proposed  amendment  "will  tend  to 
deter  the  use  and  development  of  pressure  applied 
parking  systems  such  as  the  Bendix  Dual  Circuit  Air 
Brake  System."  Midland  Brake,  Inc.  supported  the  pro- 
posed amendment  and  GM  stated  that  it  did  not  oppose 
the  new  requirements. 

ITI  proposed  that  an  exemption  to  the  amendment's 
requirements  be  made  for  systems  where  the  "common 
diaphragm  is  tested  for  proper  operation  on  each 
system  air  charging  or  park  brake  application."  Alter- 
natively, ITI  proposed  that  the  reapplication  require- 
ments be  limited  to  the  "need  not  to  be  released  unless 
a  reapplication  can  be  made." 

NHTSA  recognizes  that  the  wording  of  the  proposed 
regulatory  text  may  have  caused  concern  that  the  ITI 
"Mini-Max"  braking  system  would  not  be  allowed.  This 
is  not  the  case.  NHTSA  believes  that  the  "Mini-Max" 
single  diaphragm  braking  system  made  by  ITI  would 
have  been  allowed  under  the  proposed  amendment.  ITI 
has  submitted  test  results  that  demonstrate  that,  as 
currently  designed,  the  system  will  sense  a  rapid  pres- 
sure drop  in  the  single  chamber  units  and  apply  the 
mechanically  held  portion  of  the  system  at  a  fast 
enough  rate  to  meet  the  brake  force  requirements.  ITI 
has  also  said  that,  on  a  tandem  axle  vehicle  with  "Mini- 
Max"  units  at  all  four  wheels,  the  retardation  require- 
ments can  still  be  met  with  a  diaphragm  failure  in  one 
of  the  units.  And  as  stated  above,  as  long  as  the 
manufacturer  goes  through  the  entire  test  procedure 
of  S5.6.6  and  the  brake  system  compHes  with  S5.6.5, 
full  performance  (final  actuation  with  sufficient  force) 


PART  571;  S121-PRE  200 


at  the  end  of  the  testing  will  constitute  compliance  with 
the  requirements.  Thus,  ITFs  proposal  that  the  reap- 
plication  requirements  be  limited  to  the  "need  not  to 
be  released  unless  a  reapplication  can  be  made"  have 
been  addressed  by  the  current  language  of  Section 
S5.6.6.  NHTSA  believes  that  all  current  parking  brake 
systems  meet  the  requirements. 

To  avoid  any  confusion  about  whether  brake  systems 
that  use  only  one  diaphragm  for  both  operational  and 
parking  brake  systems  are  covered  by  the  standard  and 
have  to  comply.  NHTSA  has  revised  paragraphs 
5.6.3.1,  5.6.3.3,  5.6.3.4,  5.6.3.5,  5.6.5.1,  5.6.5.3,  5.6.6.1, 
5.6.6.3,  5.6.6.4,  and  5.6.6.6  to  avoid  possible  confusion. 
In  each  paragraph  where  the  words  "diaphragm  of  a 
brake  chamber"  appeared  in  the  proposed  rule. 
NHTSA  has  replaced  them  with  the  words  "brake 
chamber  diaphragm  that  is  part  of  any  other  brake  sys- 
tem including  a  diaphragm." 

The  agency  has  made  another  change  in  the  word- 
ing of  the  regulatory  text  of  the  final  rule  as  compared 
to  the  proposal.  The  wording  of  S5.6.6.6  (which  ad- 
dresses the  test  sequence  for  trailers)  has  been  revised 
to  be  consistent  with  that  of  S5.6.6.3  (which  addresses 
the  test  sequence  for  trucks  and  buses).  This  change 
is  designed  to  improve  test  consistency. 

In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  The  authority  citation  for  Part  571  continues  to 
read  as  follows: 

Authority:  15  U.S.C.  1392,  1401,  1403,  1407;  dele- 
gation of  authority  at  49  CFR  1.50. 
§571.121  [Amended] 

2.  85. 6  is  revised  to  read  as  follows: 

S5.6  Parking  brake  system.  Each  vehicle  other 
than  a  trailer  converter  dolly  shall  have  a  parking  brake 
system  that  under  the  conditions  of  S6.1  meets  the  re- 
quirements of  S5.6.1  or  S5.6.2,  at  the  manufacturer's 
option,  and  the  requirements  of  S5.6.3,  S5.6.4,  S5.6.5, 
and  S5.6.6.  However,  the  trailer  portion  of  any  agricul- 
tural commodity  trailer,  heavy  hauler  trailer,  or  pulp- 
wood  trailer,  shall  meet  the  requirements  of  this  section 
or,  at  the  option  of  the  manufacturer,  the  requirements 
of  §393.43  of  this  title. 

3.  S5.6.3  through  S5.6.3.5  of  §571.121  are  revised 
to  read  as  follows: 

S5.6.3  Application  and  holding.  Each  parking 
brake  system  shall  meet  the  requirements  of  S 5. 6. 3.1 
through  S5.6.3.4,  except  that,  at  the  option  of  the 
manufacturer,  the  parking  brake  system  in  each  vehi- 
cle manufactured  before  December  9,  1991,  may  meet 
either  those  requirements  or  the  requirements  speci- 
fied in  S5.6.3.5. 

S5.6.3.1  The  parking  brake  system  shall  be  capable 
of  achieving  the  minimum  performance  specified  either 


in  S5.6.1  or  S5.6.2  with  any  single  leakage-type  failure, 
in  any  other  brake  system,  of  a  part  designed  to  con- 
tain compressed  air  or  brake  fluid  (excluding  failure  of 
a  component  of  a  brake  chamber  housing  but  includ- 
ing faOure  of  any  brake  chamber  diaphragm  that  is  part 
of  any  other  brake  system  including  a  diaphragm  which 
is  common  to  the  parking  brake  system  and  any  other 
brake  system),  when  the  pressures  in  the  vehicle's  park- 
ing brake  chambers  are  at  the  levels  determined  in 
S5.6.3.4. 

55.6.3.2  A  mechanical  means  shall  be  provided  that, 
after  a  parking  brake  application  is  made  with  the  pres- 
sures in  the  vehicle's  parking  brake  chambers  at  the 
levels  determined  in  S5.6.3.4,  and  all  air  and  fluid  pres- 
sures in  the  vehicle's  braking  systems  are  then  bled 
down  to  zero,  and  without  using  electrical  power,  holds 
the  parking  brake  application  with  sufficient  parking 
retardation  force  to  meet  the  minimum  performance 
specified  in  S5.6.3.1  and  in  either  S5.6.1  or  S5.6.2. 

55.6.3.3  For  trucks  and  buses,  with  an  initial  reser- 
voir system  pressure  of  100  psi  and,  if  designed  to  tow 
a  vehicle  equipped  with  air  brakes,  with  a  50  cubic  inch 
test  reservoir  connected  to  the  supply  line  coupling,  no 
later  than  three  seconds  from  the  time  of  actuation  of 
the  parking  brake  control,  the  mechanical  means 
referred  to  in  S5.6.3.2  shall  be  actuated.  For  trailers, 
with  the  supply  line  initially  pressurized  to  100  psi  using 
the  supply  line  portion  of  the  trailer  test  rig  (Figure  1) 
and,  if  designed  to  tow  a  vehicle  equipped  with  air 
brakes,  with  a  50  cubic  inch  test  reservoir  connected 
to  the  rear  supply  line  coupling,  no  later  than  three 
seconds  from  the  time  venting  to  the  atmosphere  of 
the  front  supply  line  coupling  is  initiated,  the  mechan- 
ical means  referred  to  in  S5.6.3.2  shall  be  actuated. 
This  requirement  shall  be  met  for  trucks,  buses  and 
trailers  both  with  and  without  any  single  leakage-type 
failure,  in  any  other  brake  system,  of  a  part  designed 
to  contain  compressed  air  or  brake  fluid  (excluding 
failure  of  a  component  of  a  brake  chamber  housing  but 
including  failure  of  any  brake  chamber  diaphragm  that 
is  part  of  any  other  brake  system  including  a  diaphragm 
which  is  common  to  the  parking  brake  system  and  any 
other  brake  system). 

55.6.3.4  The  parking  brake  chamber  pressures  for 
S5.6.3.1  and  S5.6.3.2  are  determined  as  follows.  For 
trucks  and  buses,  with  an  initial  reservoir  system  pres- 
sure of  100  psi  and,  if  designed  to  tow  a  vehicle 
equipped  with  air  brakes,  with  a  50  cubic  inch  test 
reservoir  connected  to  the  supply  line  coupling,  any  sin- 
gle leakage  type  failure,  in  any  other  brake  system,  of 
a  part  designed  to  contain  compressed  air  or  brake  fluid 
(excluding  failure  of  a  component  of  a  brake  chamber 
housing  but  including  failure  of  any  brake  chamber 
diaphragm  that  is  part  of  any  other  brake  system 
including  a  diaphragm  which  is  common  to  the  park- 
ing brake  system  and  any  other  brake  system),  is 


PART  571;  S121-PRE  201 


introduced  in  the  brake  system.  The  parking  brake  con- 
trol is  actuated  and  the  pressures  in  the  vehicle's  park- 
ing brake  chambers  are  measured  three  seconds  after 
that  actuation  is  initiated.  For  trailers,  with  the  sup- 
ply line  initially  pressurized  to  100  psi  using  the  sup- 
ply line  portion  of  the  trailer  test  rig  (Figure  1)  and, 
if  designed  to  tow  a  vehicle  equipped  with  air  brakes, 
with  a  50  cubic  inch  test  reservoir  connected  to  the  rear 
supply  line  coupling,  any  single  leakage  type  failure, 
in  any  other  brake  system,  of  a  part  designed  to  con- 
tain compressed  air  or  brake  fluid  (excluding  failure  of 
a  component  of  a  brake  chamber  housing  but  includ- 
ing failure  of  any  brake  chamber  diaphragm  that  is  part 
of  any  other  brake  system  including  a  diaphragm  which 
is  common  to  the  parking  brake  system  and  any  other 
brake  system),  is  introduced  in  the  brake  system.  The 
front  supply  line  coupling  is  vented  to  the  atmosphere 
and  the  pressures  in  the  vehicle's  parking  brake  cham- 
bers are  measured  three  seconds  after  that  venting  is 
initiated. 

S5.6.3.5  (Optional  requirement  for  vehicles  manufac- 
tured before  December  9, 1991.  The  parking  brake  sys- 
tem shall  be  capable  of  achieving  the  minimum 
performance  specified  either  in  S5.6.1  or  S5.6.2  with 
any  single  leakage-type  failure,  in  any  other  brake  sys- 
tem, of  a  part  designed  to  contain  compressed  air  or 
brake  fluid  (excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake  sys- 
tem including  a  diaphragm  which  is  common  to  the 
parking  brake  system  and  any  other  brake  system). 
Once  applied,  the  parking  brakes  shall  be  held  in  the 
applied  position  solely  by  mechanical  means. 

4.  S5.6.5  through  S5.6.5.4  are  added  to  §571.121  to 
read  as  follows: 

S5.6.5  Release  Performance.  Effective  December 
9,  1991,  each  parking  brake  system  shall  meet  the  re- 
quirements specified  in  S5.6.5.1  through  S5.6.5.4. 

S5.6.5.1  For  trucks  and  buses,  with  initial  conditions 
as  specified  in  S5.6.5.2,  at  all  times  after  an  applica- 
tion actuation  of  the  parking  brake  control,  and  with 
any  subsequent  level  of  pressure,  or  combination  of 
levels  of  pressure,  in  the  reservoirs  of  any  of  the  vehi- 
cle's brake  systems,  no  reduction  in  parking  brake 
retardation  force  shall  result  from  a  release  actuation 
of  the  parking  brake  control  unless  the  parking  brakes 
are  capable,  after  such  release,  of  being  reapplied  at 
a  level  meeting  the  minimum  performance  specified 
either  in  S5.6.1  or  S5.6.2.  This  requirement  shall  be 
met  both  with  and  without  the  engine  on,  and  with  and 
without  any  single  leakage-type  failure,  in  any  other 
brake  system,  of  a  part  designed  to  contain  compressed 
air  or  brake  fluid  (excluding  failure  of  a  component  of 
a  brake  chamber  housing  but  including  failure  of  any 
brake  chamber  diaphragm  that  is  part  of  any  other 


brake  system  including  a  diaphragm  which  is  common 
to  the  parking  brake  system  and  any  other  brake 
system). 

55.6.5.2  The  initial  conditions  for  S5.6.5.1  are  as  fol- 
lows. The  reservoir  system  pressure  is  100  psi.  If  the 
vehicle  is  designed  to  tow  a  vehicle  equipped  with  air 
brakes,  a  50  Cubic  inch  test  reservoir  is  connected  to 
the  supply  line  coupling. 

55.6.5.3  For  trailers,  with  initial  conditions  as  speci- 
fied in  S5. 6.5.4,  at  all  times  after  actuation  of  the  park- 
ing brakes  by  venting  the  front  supply  line  coupling  to 
the  atmosphere,  and  with  any  subsequent  level  of  pres- 
sure, or  combination  of  levels  of  pressure,  in  the  reser- 
voirs of  any  of  the  vehicle's  brake  systems,  the  parking 
brakes  shall  not  be  releasable  by  repressurizing  the  sup- 
ply line  using  the  supply  line  portion  of  the  trailer  test 
rig  (Figure  1)  to  any  pressure  above  70  psi,  unless  the 
parking  brakes  are  capable,  after  such  release,  of  reap- 
plication  by  subsequent  venting  of  the  front  supply  line 
coupling  to  the  atmosphere,  at  a  level  meeting  the  mini- 
mum performance  specified  either  inS5.6.1orS5.6.2. 
This  requirement  shall  be  met  both  with  and  without 
any  single  leakage-type  failure,  in  any  other  brake  sys- 
tem, of  a  part  designed  to  contain  compressed  air  or 
brake  fluid  (excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake  sys- 
tem including  a  diaphragm  which  is  common  to  the 
parking  brake  system  and  any  other  brake  system). 

55.6.5.4  The  initial  conditions  for  S5.6.5.3  are  as  fol- 
lows. The  reservoir  system  and  supply  line  are  pressu- 
rized to  100  psi,  using  the  supply  line  portion  of  the 
trailer  test  rig  (Figure  1).  If  the  vehicle  is  designed  to 
tow  a  vehicle  equipped  with  air  brakes,  a  50  cubic  inch 
test  reservoir  is  connected  to  the  rear  supply  line 
coupling. 

5.  S5.6.6  through  S5.6.6.6  are  added  to  §571.121  to 
read  as  follows: 

S5.6.6  Accumulation  of  Actuation  Energy.  Effec- 
tive December  9, 1991,  each  parking  brake  system  shall 
meet  the  requirements  specified  in  S5.6.6.1  through 
S5.6.6.6. 

S5.6.6.1  For  trucks  and  buses,  with  initial  conditions 
as  specified  in  S 5. 6. 6. 2,  the  parking  brake  system  shall 
be  capable  of  meeting  the  minimum  performance  speci- 
fied either  in  S5.6.1  or  S5.6.2,  with  any  single  leakage- 
type  failure,  in  any  other  brake  system,  of  a  part 
designed  to  contain  compressed  air  or  brake  fluid  (ex- 
cluding failure  of  a  component  of  a  brake  chamber  hous- 
ing but  including  failure  of  any  brake  chamber 
diaphragm  that  is  part  of  any  other  brake  system  in- 
cluding a  diaphragm  which  is  common  to  the  parking 
brake  system  and  any  other  brake  system),  at  the  con- 
clusion of  the  test  sequence  specified  in  S5.6.6.3. 


PART  571;  S121-PRE  202 


55.6.6.2  The  initial  conditions  for  S5.6.6.1  are  as  fol- 
lows. The  engine  is  on.  The  reservoir  system  pressure 
is  100  psi.  If  the  vehicle  is  designed  to  tow  a  vehicle 
equipped  with  air  brakes,  a  50  cubic  inch  test  reser- 
voir is  connected  to  the  supply  line  coupling. 

55.6.6.3  The  test  sequence  for  S5.6.6.1  is  as  follows. 
The  engine  is  turned  off.  Any  single  leakage  type 
failure,  in  any  other  brake  system,  of  a  part  designed 
to  contain  compressed  air  or  brake  fluid  (excluding 
failure  of  a  component  of  a  brake  chamber  housing  but 
including  failure  of  any  brake  chamber  diaphragm  that 
is  part  of  any  other  brake  system  including  a  diaphragm 
which  is  common  to  the  parking  brake  system  and  any 
other  brake  system),  is  then  introduced  in  the  brake 
system.  An  application  actuation  of  the  parking  brake 
control  is  then  made.  Thirty  seconds  after  such  actua- 
tion, a  release  actuation  of  the  parking  brake  control 
is  made.  Thirty  seconds  after  the  release  actuation,  a 
final  application  actuation  of  the  parking  brake  control 
is  made. 

55.6.6.4  For  trailers,  with  initial  conditions  as  speci- 
fied in  S5.6.6.5,  the  parking  brake  system  shall  be  capa- 
ble of  meeting  the  minimum  performance  specified 
either  in  S5.6.1  or  S5.6.2,  with  any  single  leakage-type 
failure,  in  any  other  brake  system,  of  a  part  designed 
to  contain  compressed  air  or  brake  fluid  (excluding 
failure  of  a  component  of  a  brake  chamber  housing  but 
including  faBure  of  any  brake  chamber  diaphragm  that 
is  part  of  any  other  brake  system  including  a  diaphragm 
which  is  common  to  the  parking  brake  system  and  any 
other  brake  system),  at  the  conclusion  of  the  test 
sequence  specified  in  S5.6.6.6. 

55.6.6.5  The  initial  conditions  for  S5. 6.6.4  are  as  fol- 
lows. The  reservoir  system  and  supply  line  are  pressur- 


ized to  100  psi,  using  the  supply  line  portion  of  the  trail- 
er test  rig  (Figure  1).  If  the  vehicle  is  designed  to  tow 
a  vehicle  equipped  with  air  brakes,  a  50  cubic  inch  test 
reservoir  is  connected  to  the  rear  supply  line  coupling. 

S5.6.6.6  The  test  sequence  for  S5.6.6.4  is  as  follows. 
Any  single  leakage  type  failure,  in  any  other  brake  sys- 
tem, of  a  part  designed  to  contain  compressed  air  or 
brake  fluid  (excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake  sys- 
tem including  a  diaphragm  which  is  common  to  the 
parking  brake  system  and  any  other  brake  system),  is 
introduced  in  the  brake  system.  The  front  supply  line 
coupling  is  vented  to  the  atmosphere.  Thirty  seconds 
after  the  initiation  of  such  venting,  the  supply  line  is 
repressurized  with  the  traUer  test  rig  (Figure  1).  Thirty 
seconds  after  the  initiation  of  such  repressurizing  of 
the  supply  line,  the  front  supply  line  is  vented  to  the 
atmosphere.  This  procedure  is  conducted  either  by  con- 
nection and  disconnection  of  the  supply  line  coupling 
or  by  use  of  a  valve  installed  in  the  supply  line  portion 
of  the  trailer  test  rig  near  the  supply  line  coupling. 

6.  The  second  line  of  text  at  the  bottom  of  Figure  1 
is  revised  to  read  as  follows: 

R— Regulator  (set  at  100  psi  for  service  brake  actu- 
ation tests.,  95  psi  for  service  brake  release  tests;  100 
psi  for  parking  brake  tests  in  S5.6.3.3,  S5.6.3.4, 
S5.6.5.4,  and  S5.6.6.5,  and  any  pressure  above  70  psi 
for  parking  brake  test  in  S5.6.5.3) 


Issued  on  June  4,  1991. 


56  F.R.  26927 
June  12,  1991 


PART  571;  S121-PRE  203-204 


PREAMBLE  TO  AN  AMENDMENT  TO  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  121 

Occupant  Protection  in  Interior  Impact 

(Docket  No.  90-03;  Notice  3) 
RIN:  2127-AA27 


ACTION:    Final  rule. 

SUMMARY:  Standard  No.  121,  Air  Brake  Systems, 
specifies  requirements  for  the  performance  of  trailer 
pneumatic  brake  systems  in  the  event  of  pneumatic  sys- 
tem failure.  This  final  rule  deletes  the  requirement  for 
a  separate  reservoir  capable  of  releasing  the  parking 
brakes.  Under  this  rule,  air  from  the  tractor  supply 
lines  may  be  used  instead  of  air  from  such  a  reservoir. 
This  rule  also  adds  requirements  for  a  minimum  com- 
pressor cut-in  pressure  for  trucks  and  buses,  for  the 
retention  of  a  minimum  level  of  pressure  in  a  trailer's 
supply  line  in  the  event  of  pneumatic  failure,  and  for 
the  prevention  of  automatic  application  of  trailer  park- 
ing brakes  while  the  minimum  trailer  supply  line  pres- 
sure is  maintained.  Today's  notice  will  encourage  the 
use  of  more  effective  trailer  braking  systems  and  sim- 
plify the  maintenance  of  those  systems.  Finally,  the 
agency  has  decided  not  to  adopt  certain  other  proposed 
requirements  because  there  was  insufficient  justifica- 
tion for  their  adoption  and  because  they  might  have 
interfered  with  the  implementation  of  other  safety 
features. 

EFFECTIVE  DATES:  The  amendments  made  by  the 
final  rule  to  the  Code  of  Federal  Regulations  are 
effective  October  8,  1992.  Optional  compliance  is  per- 
mitted effective  November  7,  1991. 

SUPPLEMENTARY  INFORMATION: 

Background 
Air-braked  trailers  have  two  types  of  brakes:  serv- 
ice brakes  use  for  normal  stopping  in  traffic  and  park- 
ing brakes  used  both  for  parking  and  stopping  the 
trailer  in  the  event  of  a  breakaway.  The  parking  brakes 
may  also  be  used  to  help  stop  the  vehicle  in  the  event 
of  a  loss  of  trailer  service  braking  capability.  The  serv- 
ice brakes  are  applied  by  the  driver's  actuating  a  foot- 
controlled  treadle  valve.  This  transmits  a  pressure 
signal,  proportional  to  the  foot  pressure  on  the  trea- 
dle valve,  via  the  control  line  to  open  the  service  relay 
valve(s).  The  opening  of  the  relay  valve(s)  allows  air 
from  the  brake  reservoirs  to  pressurize  the  brake  cham- 
bers (to  a  level  that  is  proportional  to  the  pressure  in 


the  control  line),  applying  the  brakes  in  proportion  to 
the  foot  pressure  on  the  treadle  valve.  The  pressure 
in  the  brake  reservoirs  is  supplied  via  the  brake  sup- 
ply line. 

Manual  application  of  the  parking  brakes  occurs 
when  the  driver  actuates  a  hand-operated  parking  con- 
trol valve,  venting  the  supply  line.  The  venting  of  the 
supply  line  results  in  application  of  the  parking  brakes 
by  means  of  spring  pressure  or  air  pressure.  Automatic 
application  of  the  parking  brakes  can  occur  in  two  sit- 
uations. First,  if  the  pressure  in  the  trailer  supply  line 
falls  below  a  certain  level,  tractor  valving  closes  and 
vents  the  supply  line  to  the  trailer.  The  venting  of  the 
trailer  supply  line  results  in  application  of  the  parking 
brakes.  Second,  if  the  trailer  should  break  away  from 
the  tractor,  the  venting  due  to  breaking  of  the  trailer 
supply  line  hose  results  in  application  of  the  parking 
brakes. 

First  Notice  of  Proposed  Rulemaking 
(July  1981) 

On  July  23,  1981,  NHTSA  published  in  the  Federal 
Register  (46  FR/37952)  a  notice  of  proposed  rulemak- 
ing (NPRM)  to  amend  Standard  No.  121.  Air  Brake 
Systems,  by  deleting  the  requirement  that  trailers  have 
a  reservoir  capable  of  releasing  the  parking  brakes  (sec- 
tion S5.2.1.1).  The  rulemaking  was  initiated  in  response 
to  a  petition  for  rulemaking  submitted  by  Berg 
Manufacturing  Company. 

The  purpose  of  the  separate  reservoir  requirement 
was  to  provide  a  means  for  releasing  the  parking 
brakes  once  they  had  been  applied.  However,  the 
agency  believed  that  this  purpose  could  be  satisfactorily 
met  by  other  means. 

Several  commenters  opposed  the  proposal.  They 
expressed  concern  that  it  would  permit  trailer  park- 
ing brake  systems  that  would  place  increased  demands 
on  the  tractor  air  system  for  releasing  the  parking 
brakes;  not  warn  the  driver  in  the  event  of  trailer  brake 
drag  and  brake  fade;  not  be  compatible  with  earlier  sys- 
tems if  they  were  intermixed  in  doubles  and  triples 
combinations;  and  utilize  a  single  reservoir  on  tandem 
axle  trailers,  thereby  resulting  in  degraded 
performance. 


PART  571;  S121-PRE  205 


NHTSA  conducted  research  to  evaluate  those  issues. 
The  research  looked  at  designs  currently  in  use  on 
trailers  and  ones  which  manufacturers  indicated  would 
likely  be  sold  if  the  July  1981  proposal  were  adopted 
as  a  final  rule.  The  results  of  that  research  are  con- 
tained in  a  report  entitled  "NHTSA  Heavy  Duty 
Vehicle  Research  Program— Report  Number  3:  Evalu- 
ation of  Parking  and  Emergency  Pneumatic  Systems 
on  Air  Braked  Trailers,"  May  1985  (DOT  HS  806  757). 

The  agency's  research  program  identified  several 
safety  features  that  would  be  desirable  for  pneumatic 
brake  systems  on  trailers.  Those  features  are  discussed 
on  pages  64-68  of  the  above-referenced  report.  While 
none  of  the  system  tested  exhibited  all  of  the  desira- 
ble features,  it  appeared  that  only  minor  changes  would 
be  required  in  those  systems  to  provide  the  features. 

Second  Notice  of  Proposed  Rulemaking  (February  1990) 
On  February  8,  1990,  the  agency  published  in  the 
Federal  Register  a  NPRM  that  superseded  the  July 
1981  NPRM  (55  FR  4453).  In  the  1990  NPRM,  NHTSA 
proposed  to  amend  Standard  No.  121  to  require  some 
of  the  safety  features  identified  by  its  research.  As  part 
of  that  action,  the  agency  again  proposed  to  delete  the 
requirement  for  a  separate  reservoir.  The  agency  also 
proposed  to  require  a  low  pressure  warning  system  that 
would  indicate  whether  the  pressure  in  any  of  a  trail- 
er's service  brake  reservoirs  was  below  60  pounds  per 
square  inch  (psi).  The  proposed  warning  system  would 
utilize  a  warning  light  mounted  on  the  trailer.  To  avoid 
possible  inadvertent  activation  of  the  trailer  low  pres- 
sure warning  system,  the  agency  proposed  to  require 
the  air  compressor  to  begin  functioning  whenever  the 
air  pressure  fell  below  85  pounds  per  square  inch  (psi). 
Finally,  the  agency  proposed  to  require  that  no  single 
leakage  type  failure  result  in  a  loss  of  service  braking 
capability  at  wheels  which  contribute  more  than  50  per- 
cent of  the  load-carrying  capacity  of  the  axles  of  the 
trailer.  To  meet  the  proposed  requirement,  manufac- 
turers would  need  to  provide  a  split  service  braking 
system. 

NHTSA  proposed  to  make  the  amendment  effective 
one  year  after  publication  of  the  final  rule  in  the  Fed- 
eral Register  The  agency  believed  that  a  one-year 
period  would  enable  manufacturers  to  redesign  their 
vehicles  to  meet  the  proposed  requirements.  NHTSA 
proposed  to  permit  optional  compliance  effective  30 
days  after  publication  to  facilitate  the  earlier  redesign 
of  some  vehicles. 

NHTSA  received  21  comments  in  response  to  the 
NPRM.  All  of  these  comments  were  considered  in  con- 
nection with  the  final  rule,  and  the  most  significant  are 
discussed  below. 

Summary  of  Comments  on  the  Proposed  Rule 

and  of  Final  Rule 

Eight    commenters    expressed    support    for    the 

agency's  proposal  to  delete  the  requirement  for  a  pro- 


tected reservoir.  No  comments  in  opposition  to  this 
proposal  were  received.  After  reviewing  the  comments, 
NHTSA  has  decided  to  delete  the  requirement  for  a 
protected  reservoir  from  Standard  No.  121. 

One  commenter  supported  the  proposal  to  require  a 
trailer  low  pressure  warning  system.  Twelve  com- 
menters opposed  the  proposed  requirement.  NHTSA 
has  decided  not  to  adopt  this  proposed  requirement. 
The  agency  has  determined  that  the  proposed  warn- 
ing system,  because  of  its  potential  cost,  commercial 
unavailability  (i.e.,  there  are  no  flashers  available  with 
the  necessary  flash  rate  or  reliability),  and  design  re- 
strictiveness  (i.e.,  other  methods  to  improve  the  trailer 
low  pressure  warning  system  could  be  precluded), 
would  not  be  practicable.  In  addition,  the  comments 
confirmed  the  agency's  belief  that  the  proposed  sys- 
tem might  be  a  potential  distraction  for  the  vehicle's 
driver  and  would  place  an  additional  load  on  the  stop 
lamp  circuit  of  the  tractor  trailer.  This  could  tax  the 
existing  circuit  and  could  limit  its  use  for  other  safety 
features,  such  as  an  antilock  braking  system. 

NHTSA  has  decided  to  adopt  the  proposed  amend- 
ment to  require  the  air  compressor  governor  cut-in 
pressure  to  be  greater  than  85  psi.  Under  the  amend- 
ment, the  air  compressor  on  a  tractor  or  truck  capable 
of  towing  a  trailer  would  begin  functioning  whenever 
the  air  pressure  falls  below  85  psi.  Although  three  com- 
menters opposed  the  requirement,  the  agency  believes 
that  it  has  significant  safety  advantages.  Under  this 
amendment,  the  air  compressor  on  a  tractor  would  be 
activated  to  restore  or  maintain  pressure  in  the  brake 
supply  system  until  the  air  leak  is  detected  and  cor- 
rected. The  agency  believes  that  most,  if  not  all,  vehi- 
cles already  comply  with  this  requirement.  Thus,  the 
agency  has  concluded  that  this  requirement  will  not  be 
an  undue  burden. 


The  proposed  amendment  that  would,  in  effect,  have 
required  a  split  service  brake  system  was  opposed  by 
nine  commenters.  Three  commenters  supported  the 
concept  of  the  proposed  amendment,  with  two  of  the 
commenters  suggesting  changes. 

NHTSA  has  decided  not  to  adopt  this  proposed 
amendment,  NHTSA  still  believes  that  split  systems 
offer  safety  benefits,  and  encourages  manufacturers 
to  use  such  systems  whenever  possible.  However,  the 
agency  has  determined  that  the  proposed  amendment 
might  have  inhibited  the  development  of  antilock  brak- 
ing systems.  The  proposed  amendment  would  have 
precluded  the  use  of  certain  types  of  antilock  systems, 
such  as  tandem  control  systems.  In  addition,  the  com- 
ments received  indicated  that  a  split  service  brake  sys- 
tem, which  has  more  valves,  could  be  more  complicated 
and  expensive  to  implement,  and  more  difficult  to  main- 
tain. A  more  detailed  discussion  of  the  comments  on 
the  proposed  rule  and  the  agency  response  to  those 
comments  follows. 


PART  571;  S121-PRE  206 


Deletion  of  Separate  Reservoir  Requirement 

Most  commenters  stated  that  the  current  require- 
ment of  a  separate  reservoir  for  the  parking  brake  was 
design  restrictive,  added  unnecessary  complexity,  and 
had  no  significant  safety  benefits.  In  support  of  their 
comments,  both  the  Truck  Trailer  Manufacturers  As- 
sociation (TTMA)  and  Fruehauf  Trailer  Operations  of 
Terex  Trailer  Corporation  (Fruehauf)  cited  the  safety 
record  of  trailers,  without  a  separate  reservoir,  oper- 
ated in  Canada  since  1980.  Those  trailers  use  tractor 
air  supply  pressure  instead  of  a  separate  reservoir  to 
release  a  trailer's  parking  brakes.  Both  TTMA  and 
Fruehauf  claimed  that  no  problems  with  this  system 
had  been  reported.  Bendix  Heavy  Vehicle  Systems  of 
Allied  Signal,  Inc.  (Bendix),  echoed  these  remarks  when 
it  asserted  that  the  agency's  concerns  about  spring 
brake  drag  and  lack  of  driver  warning  in  systems 
without  a  separate  reservoir  "have  not  materialized  in 
actual  service."  (NHTSA  contacted  Transport  Canada 
and  confirmed  that  there  was  nothing  indicating  that 
the  lack  of  separate  reservoirs  on  many  vehicles  in 
Canada  was  causing  a  safety  problem.)  Bendix  also 
commented  that  systems  that  created  excessive  brake 
drag  would  not  be  "accepted  by  the  industry."  thus 
implying  that  NHTSA's  concern  was  misdirected. 

The  American  Trucking  Associations,  Inc.  (ATA) 
commented  that  elimination  of  the  separate  reservoir 
requirement  would  facilitate  the  adoption  of  a 
"generic,"  or  standardized,  type  of  trailer  brake  sys- 
tem. This  standardized  system  would,  ATA  stated,  be 
more  cost  effective  because  it  would  "eliminate  the 
need  for  costly  proprietary  parking  brake  valves"  and 
"provide  for  more  effective  brake  maintenance." 

The  only  commenter  in  favor  of  retaining  the 
separate  reservoir  requirement  was  Eaton  Corporation 
(Eaton).  Eaton  was  concerned  that  elimination  of  this 
requirement  would  permit  "unlimited  operation  of 
trailers  with  failed  service  brake  systems."  As  stated 
in  the  NPRM,  this  is  also  possible  under  the  current 
requirements.  In  addition,  the  field  experience  of  Cana- 
dian trailers,  as  cited  by  TTMA  and  Fruehauf,  does  not 
support  this  concern. 

As  stated  above,  the  agency  has  decided  to  adopt  this 
am.endment  as  proposed  in  the  NPRM.  NHTSA  has 
concluded  that  there  is  insufficient  justification  for  re- 
quiring a  separate  reservoir  to  release  parking  brakes. 
There  are,  at  most,  minor  safety  benefits  from  such 
a  system.  In  addition,  as  reported  by  commenters, 
there  has  been  no  apparent  safety  problem  in  Canada, 
which  does  not  require  a  separate  reservoir  to  release 
parking  brakes.  Accordingly,  NHTSA  has  decided  to 
amend  Standard  No.  121  to  delete  that  requirement. 
By  deleting  a  potentially  expensive,  design  restrictive 
requirement,  this  final  rule  facilitates  the  introduction 
of  more  effective  trailer  braking  systems.  This  final 
rule  may  also  simplify  the  maintenance  of  trailer  brak- 
ing systems. 


NHTSA  acknowledges  that  the  old  requirement  may 
have  encouraged  some  manufacturers  to  install  axle- 
by-axle  braking  systems  in  vehicles.  This  is  because  a 
large  portion  of  the  cost  associated  with  axle-by-axle 
braking  is  for  a  reservoir  for  each  axle  or  half  of  the 
trailer  braking  system.  Some  current  air  brake  systems 
for  tandem-axle  trailers  satisfy  the  current  separate 
reservoir  requirement  with  use  of  two  reservoirs  in 
such  a  way  as  to  provide  axle-by-axle  braking.  Thus, 
the  old  reservoir  requirement  significantly  reduced  the 
cost  disadvantage  associated  with  axle-by-axle  braking 
systems.  Axle-by-axle  braking  systems  can  provide  a 
margin  of  safety  by  retaining  some  level  of  braking 
capability  during  failures  in  the  service  brake  system. 
However,  NHTSA  believes  that  many  manufacturers 
will  continue  to  install  axle-by-axle  braking  systems. 
Therefore,  NHTSA  does  not  believe  that  the  adoption 
of  this  amendment  will  have  any  negative  safety  im- 
plications. However,  NHTSA  will  monitor  the  effect 
of  the  deletion  of  the  separate  reservoir  requirement 
for  any  detrimental  safety  impact. 

Low  Pressure  Warning  System 
In  the  NPRM,  the  agency  discussed  alternative 
means  of  warning  the  driver  of  low  brake  pressure.  The 
warning  could  be  through  the  air  pressure  warning  sig- 
nal already  located  on  tractor  instrument  panels  or 
through  a  warning  lamp  located  on  the  left  side  of  the 
trailer  visible  in  the  driver's  rearview  mirror.  The  first 
approach  would  require  the  installation  of  a  new  elec- 
trical connection  between  the  tractor  and  trailer. 
NHTSA  stated  that  it  tentatively  favored  the  second 
approach.  This  was  primarily  because  it  would  be  less 
expensive  to  implement  and  would  not  be  dependent 
on  the  installation  of  the  electrical  connection  on  both 
parts  of  the  tractor-trailer  combination. 

Commenters  were  nearly  unanimous  in  opposing  the 
proposed  amendment  that  would  require  a  low  pres- 
sure warning  system  for  trailers.  Commenters  listed 
a  number  of  potential  problems  with  the  proposed 
amendment.  Bendix  commented  that  the  proposed 
amendment  was  "design  restrictive"  and  that  it  was 
neither  "justified  nor  necessary."  Fruehauf  asserted 
that  "[vehicle  and  driver  performance  without  low 
pressure  warning  systems  and  without  isolated  reser- 
voirs has  been  demonstrated  on  Canadian  trailers  built 
since  1980." 

In  the  preamble  of  the  NPRM,  the  agency  discussed 
the  possibility  of  driver  distraction  from  the  proposed 
warning  system.  Commenters  noted  that  this  possibil- 
ity would  occur.  Several  commenters  questioned 
whether  a  warning  lamp  that  is  not  distracting  at  night 
would  be  bright  enough  to  be  seen  during  daylight  con- 
ditions. Great  Dane  Trailers,  Inc.  (Great  Dane)  re- 
flected the  views  of  several  commenters  when  it 
commented  that  the  warning  lamp  would  tend  to 
"divert  the  driver's  attention  away  from  the  road  to 


PART  571;  S121-PRE  207 


the  device  at  just  the  instant  that  he  should  be  totally 
focused  on  what's  happening  in  the  road  ahead  of  him." 

In  the  NPRM,  the  agency  stated  that  manufacturers 
would,  for  practical  purposes,  need  to  power  the  warn- 
ing system  by  the  stop  lamp  circuit.  Several  com- 
menters  expressed  concern  about  using  the  stop  lamp 
circuit  for  this  purpose,  especially  when  the  stop  lamp 
circuit  is  used  to  power  the  proposed  antilock  system. 
ATA  commented  that  "(tlhe  capacity  of  (the  stop  lampl 
circuit  on  multiple  trailer  combinations  is  satisfactory 
for  powering  both  stop  lamps  and  antilock  systems  but 
more  lights  could  make  it  marginal."  (Currently,  Stand- 
ard No.  121  requires  that  the  stop  lamp  circuit  be  used 
for  antilock  braking  systems.  However,  as  discussed 
in  the  preamble  of  the  proposed  rule  published  on 
May  3,  1991  (56  FR  20401),  NHTSA  is  considering 
whether  an  additional  circuit  might  be  necessary.) 

The  agency  proposed  in  the  NPRM  that  the  warn- 
ing lamp  be  located  on  the  left  side  of  the  trailer,  as 
close  to  the  front  and  as  near  to  the  top  as  possible, 
but  not  more  than  96  inches  above  the  road  surface. 
The  agency  also  proposed  that  the  lamp  flash  at  a  rate 
of  between  150  to  200  flashes  per  minute.  Fruehauf 
commented  that  the  proposed  location,  at  the  front 
corner  of  the  trailer,  is  a  "hostile  damage  environ- 
ment." In  addition,  Fruehauf  stated  that  the  cost  of 
installing  the  warning  lamp  system  would  be  $125.00 
per  unit,  much  more  than  the  $6-9  per  unit  estimated 
by  NHTSA.  Several  commenters  asserted  that  flash- 
ers that  provide  the  desired  flash  rate  or  are  reliable 
enough  to  be  used  on  a  trailer  are  not  commercially 
available.  ATA  also  commented  that  lighting  systems 
are  one  of  the  most  costly  maintenance  items  on  trail- 
ers and  that  this  proposed  warning  lamp  would  add  to 
those  costs. 

As  stated  above,  the  agency  has  decided  not  to  adopt 
this  proposed  amendment.  Although  NHTSA  believes 
that  the  cost  per  unit  would  be  less  than  that  claimed 
by  Fruehauf,  the  cost  per  unit  would  be  more  than  the 
originally  estimated  by  the  agency.  NHTSA  currently 
estimates  that  the  unit  cost  of  adding  a  low-pressure 
warning  system  would  be  about  $20  for  single  axle 
trailers  and  $30  for  tandem  axle  trailers.  In  addition, 
NHTSA  agi-ees  with  commenters  that  the  proposed 
warning  light  requirement  could  make  it  more  difficult 
to  adopt  other  safety  features.  In  particular,  while  the 
brake  lamp  circuit  may  have  enough  power  for  an  an- 
tilock braking  system,  it  may  not  have  enough  power 
for  both  an  antilock  braking  system  and  a  warning  lamp 
system.  The  agency  has  determined  that  the  expense 
of  the  proposed  warning  system  and  its  potential  im- 
pact on  the  adoption  of  other  safety  features  outweigh 
any  potential  increase  in  safety  that  this  proposed 
amendment  might  have  provided. 

Air  Compressor  Cut-in  Pressure 

The  proposed  amendment  would  have  required  that 

the   air   compressor   governor   cut-in   pressure   be 


greater  than  85  psi.  Under  this  amendment,  the  air 
compressor  on  a  tractor  would  be  activated  to  restore 
or  maintain  pressure  in  the  brake  supply  system  until 
the  air  leak  is  detected  and  corrected.  NHTSA  stated 
in  the  preamble  of  the  proposed  rule  that  the  proposed 
amendment  was  consistent  with  current  industry 
practice. 

TTMA  agreed  with  the  agency's  position  that  the  cur- 
rent practice  is  for  "cut-ins"  at  or  above  the  proposed 
85  psi.  TTMA'  however,  questioned  the  need  for  an  ad- 
ditional requirement.  ATA  commented  that  it  had  no 
objection  to  the  requirement  as  applied  to  towing 
trucks.  ATA  believed  that  the  requirement  would  more 
effective  and  less  costly  than  the  proposed  warning 
lamp  system.  Bendix  commented  that  the  current 
"trailer  supply  low  air  pressure  warning  technique"  at 
75  psi  eliminates  the  need  for  the  requirement.  Volvo 
GM  commented  that  the  compliance  documentation  ex- 
penses would  not  be  reasonable. 

As  stated  above,  NHTSA  has  decided  to  adopt  this 
proposed  amendment.  The  agency  believes  that  most, 
if  not  all,  vehicles  already  comply  with  this  require- 
ment. Thus,  the  agency  has  concluded  that  this  require- 
ment will  not  be  an  undue  burden.  In  addition,  the 
agency  believes  that  this  requirement  has  significant 
safety  advantages.  As  stated  above,  under  this  amend- 
ment, the  air  compressor  on  a  tractor  would  be  acti- 
vated to  restore  or  maintain  pressure  in  the  brake 
supply  system  until  the  air  leak  is  detected  and 
corrected. 

Pneumatic  System  Failure/Split  Service  Brake  System 
As  stated  above,  this  proposed  amendment  would 
have  required,  in  effect,  a  split  service  brake  system. 
Nearly  all  commenters  opposed  this  proposed  amend- 
ment. Commenters  asserted  that  the  proposed  amend- 
ment would  be  complicated  and  expensive  to  comply 
with  and  would  inhibit  the  development  of  antilock 
brake  systems. 

Eaton  asserted  that  "split  braking  systems  have 
lower  reliability  and  durability,  they  are  harder  to  main- 
tain, and  they  have  greater  imbalance  of  air  pressure 
between  brakes."  Eaton's  comments  were  supported 
by  the  comments  of  several  other  commenters.  Eaton 
also  stated  that  it  is  rot  opposed  to  split  service  brake 
systems,  but  is  opposed  to  a  regulation  that  would  re- 
quire them.  Eaton  believes  that  design  flexibility  is  an 
important  goal. 

In  addition  to  reliability  concerns,  several  com- 
menters stated  that  a  requirement  for  split  service 
braking  systems  would  inhibit  the  development  of  an- 
tilock braking  systems.  ATA  asserted  that  a  split  sys- 
tem would  preclude  use  of  a  tandem  control  antilock 
system.  Tandem  control  systems,  ATA  stated,  "have 
the  potential  of  minimizing  the  cost  and  complexity  of 
introducing  antilock  systems  on  trailers." 


PART  571;  S121-PRE  208 


Finally,  several  commenters  asserted  that  the  cost 
of  a  split  service  braking  system  might  not  be  justified 
by  its  safety  benefits.  Great  Dane  reported  that  most 
of  the  trailers  that  it  produces  have  a  split  service  brak- 
ing system  and  that  it  believes  that  such  a  system  pro- 
vides an  extra  margin  of  safety.  However,  Great  Dane 
is  not  aware  of  any  "incidents"  caused  by  a  lack  of  a 
split  service  braking  system.  TTMA  and  Bendix  com- 
mented that  they  were  not  aware  of  any  test  data  or 
field  requirement  that  would  justify  a  split  service  brak- 
ing system.  In  addition,  Bendix  submitted  test  results 
which  it  claimed  showed  that  a  split  service  braking 
system: 

1 .  Improves  stopping  capability  when  the  rear  reser- 
voir is  depleted. 

2.  Degrades  stopping  capability  when  the  front 
reservoir  is  depleted. 

3.  Has  the  same  stopping  capability  as  a  tandem  con- 
trol system  for  the  most  common  failure  of  a  trailer 
air  brake  system,  i.e.,  a  failed  hose  or  chamber 
diaphragm. 

Bendix  concluded  from  its  test  results  that  there  are 
no  "comprehensive  benefits"  from  using  a  spht  serv- 
ice braking  system. 

NHTSA  believes  that  the  Bendix  tests  shows  that 
split  braking  systems  offer  marginal  braking  perfor- 
mance benefits.  In  the  Bendix  tests,  the  improved  per- 
formance for  the  "axle  control"  (split  service)  brake 
system  in  the  rear  reservoir  failure  case,  compared  to 
the  tandem  control  braking  system,  was  significantly 
greater  than  the  degradation  in  performance  of  the 
axle  control  system  in  the  front  reservoir  failure  case. 

As  stated  above,  the  agency  has  decided  not  to  adopt 
this  proposed  amendment.  Based  on  the  comments 
received,  the  agency  has  determined  that  the  proposed 
amendment  might  inhibit  the  development  of  antilock 
braking  systems.  Therefore,  the  agency  has  decided  not 
to  require  split  braking  systems  at  this  time.  NHTSA 
will  continue  to  analyze  the  possible  safety  benefits  of 
split  braking  systems  and  will  monitor  developments 
in  this  area. 

A  Supply  Line  Pressure  Retention 
In  the  proposed  rule,  NHTSA  proposed  requirements 
to  address  drag-induced  brake  fade  caused  by  partial 
application  of  parking  brakes.  Eaton  Corporation  com- 
mented that  the  proposed  requirements  would  prohibit 
existing  brake  systems,  which  the  commenters  thought 
worked  well. 

NHTSA  has  decided  not  to  adopt  the  proposed 
requirements.  NHTSA  has  concluded  that  the  proposed 
requirements  are  not  necessary.  There  is  over  ten  years 
experience  in  Canada  vdth  brake  systems  that  use 
higher  minimum  supply  line  pressure,  without  a  pro- 
tected reservoir.  Those  systems  apparently  work  well. 
NHTSA  expects  that  drivers  and  maintenance  person- 


nel will  continue  the  current  practice  of  cycling  the 
brake  system  and  listening  for  air  leaks  each  time  a 
vehicle  is  placed  in  service. 

Automatic  Application  of  Parking  Brakes 

NHTSA  proposed  to  adopt  requirements  concerning 
automatic  application  of  parking  brakes.  The  proposed 
amendment  would  generally  not  permit  automatic  ap- 
plication of  the  parking  brakes  when  the  air  pressure 
in  the  supply  line  is  70  psi  or  higher.  Automatic  appli- 
cation of  the  parking  brakes  would  be  permitted  only 
when  air  pressure  in  the  supply  line  is  less  than  70  psi 
or  in  the  case  of  a  failure  of  a  component  of  the  park- 
ing brake  system  or  brake  chamber  housing. 

The  proposed  amendment  addressed  the  safety 
problems  caused  by  partial  application  of  the  parking 
brakes  when  a  trailer  pneumatic  system  failure  occurs. 
As  discussed  more  fully  in  the  SNPRM,  such  a  partial 
application  of  the  parking  brakes  can  cause  brake  fade 
and  result  in  a  26  to  29  percent  loss  in  brake  effective- 
ness. This  could  result  in  runaway  accidents  and  jack- 
knife  accidents.  Excessive  brake  drag  could  also  result 
in  excessive  brake  lining  wear  and  possible  damage  to 
brake  drums. 

MGM  opposed  the  proposed  70  psi  requirement. 
NHTSA  recognizes  that  in  some  existing  designs  it  may 
be  possible  to  experience  initial  brake  drag  at  70  psi 
with  a  brake  at  maximum  adjustment.  The  spring 
chamber  pressure  at  which  drag  begins  to  occur  is  a 
function  of  the  strength  of  the  spring  in  the  brake 
chambers  and  the  level  of  brake  adjustment.  More  air 
pressure  is  required  to  hold  off  the  parking  brake  when 
the  spring  in  the  parking  brake  chamber  is  larger.  It 
is  possible  to  rate  the  holding  power  of  a  spring  brake 
chamber  over  a  wide  range.  A  brake  chamber  with  a 
"high  force"  spring  for  better  holding  power  in  park 
may  exhibit  brake  drag  at  a  higher  air  pressure. 
Conversely,  a  chamber  with  a  low  force  spring  may  not 
exhibit  initial  drag  until  chamber  pressure  drops  to  50 
psi  or  less. 

However,  in  spite  of  these  variations,  testing  con- 
ducted by  NHTSA  indicated  that  70  psi  is  a  reasona- 
ble level.  Therefore,  NHTSA  has  adopted  the  proposed 
requirement. 

Effective  Date 

NHTSA  proposed  to  make  the  amendment  effective 
one  year  after  publication  of  a  final  rule  in  the  Federal 
Register.  The  agency  also  proposed  to  permit  optional 
compliance  effective  30  days  after  publication.  NHTSA 
received  no  comments  opposed  to  the  proposed  dates 
for  mandatory  and  optional  compliance. 

The  agency  believes  that  one  year  is  sufficient  time 
for  manufacturers  to  redesign  their  vehicles  to  meet 
the  requirements.  Because  it  would  facilitate  the  earlier 
redesign  of  some  vehicles,  the  agency  finds  that  good 


PART  571;  S121-PRE  209 


cause  exists  for  permitting  optional  compliance  thirty 
days  after  publication  of  the  final  rule.  Thus,  NHTSA 
has  decided  to  adopt  the  effective  dates  as  proposed. 
In  consideration  of  the  foregoing,  49  CFR  Part  571 
is  amended  as  follows: 

1.  Section  571.121  is  amended  by  adding  S5. 1.1.1  to 
read  as  follows: 

S5.1.1.1  Air  compressor  cut-in  pressure.  Effective 
October  8,  1992,  or  at  the  manufacturer's  option  ef- 
fective November  7,  1991,  pressure  shall  be  greater 
than  85  p.s.i. 

2.  S5.2.1.1  is  removed  and  S5.2.1.2  through  S5.2.1.5 
are  redesignated  as  S5.2.1.1  through  S5.2.1.4  respec- 
tively. 

3.  Newly  redesignated  S5.2.1.1  is  revised  to  read  as 
follows: 

S5.2.1 .1  For  vehicles  manufactured  before  October 
8,  1992,  total  service  reservoir  volume  shall  be  at  least 
eight  times  the  combined  volume  of  all  service  brake 
chambers  at  maximum  travel  of  the  pistons  or 
diaphragms.  For  vehicles  manufactured  on  or  after 


October  8,  1992,  or  at  the  manufacturer's  option  for 
vehicles  manufactured  on  or  after  November  7,  1991, 
the  total  volume  of  each  service  reservoir  shall  be  at 
least  eight  times  the  combined  volume  of  all  service 
brake  chambers  serviced  by  that  reservoir  at  the  max- 
imum travel  of  the  pistons  or  diaphragms  of  those  serv- 
ice brake  chambers.  However,  the  reservoirs  on  a 
heavy  hauler  trailer  and  on  the  trailer  portion  of  an 
auto  transporter  need  not  meet  the  requirements  speci- 
fied in  S5.2.1.1. 

4.  S5.2.1.5  is  added  to  read  as  follows: 

S5.2.1.5  For  vehicles  manufactured  before  October 
8,  1992,  a  reservoir  shall  be  provided  that  is  capable, 
when  pressurized  to  90  p.s.i.,  of  releasing  the  vehicle's 
parking  brakes  at  least  once  and  that  is  unaffected  by 
a  loss  of  air  pressure  in  the  service  brake  system.  This 
requirement  need  not  be  met  if  the  vehicle  meets  the 
applicable  requirements  specified  in  S5. 1.1.1.  the 
second  sentence  of  S5.2.1.1,  and  S5.8.1  through  S5.8.4, 
notwithstanding  the  effective  date  of  those 
requirements. 

5.  Figure  1  is  revised  to  read  as  follows: 


PART  571;  S121-PRE  210 


6.  S5.8  is  redesignated  S5.8.1  and  is  revised  to  read 
as  follows: 

55.8.1  Emergency  braking  capability.  Each  trail- 
er other  than  a  trailer  converter  dolly  shall  have  a 
parking  brake  system  that  conforms  to  S5.6  and  that 
applies  with  the  force  specified  in  S5.6.1  or  S5.6.2  when 
the  air  pressure  in  the  supply  line  is  at  atmospheric 
pressure.  A  trailer  converter  dolly  shall  have,  at  the 
manufacturer's  option— 

(a)  A  parking  brake  system  that  conforms  to  S5.6 
and  that  applies  with  the  force  specified  in  S5.6.1  or 
S5.6.2  when  the  air  pressure  in  the  supply  line  is  at 
atmospheric  pressure,  or 

(b)  An  emergency  system  that  automatically  applies 
the  service  brakes  when  the  service  reservoir  is  at  any 
pressure  above  20  lb/in2  and  the  supply  line  is  at 
atmospheric  pressure. 

However,  any  agricultural  commodity  trailer,  heavy 
hauler  trailer,  or  pulpwood  trailer  shall  meet  the  re- 
quirements of  S5.8.1  or,  at  the  option  of  the  manufac- 
turer, the  requirements  of  -a4-393.43  of  this  title. 

7.  S5.8  is  added  to  read  as  follows: 

S5.8  Trailer  Pneumatic  System  Failure  Perfor- 
mance. Each  trailer  shall  meet  the  requirements  of 
S5.8.1  through  S5.8.3. 

8.  S5.8.2  through  S5.8.3  are  added  to  read  as 
follows: 

55.8.2  Supply  Line  Pressure  Retention.  Effective 
October  8,  1992,  or  at  the  manufacturer's  option 
effective  November  7,  1991,  any  single  leakage  type 
failure  in  the  service  brake  system  (except  for  a  failiu-e 


of  the  supply  line,  a  valve  directly  connected  to  the  sup- 
ply line  or  a  component  of  a  brake  chamber  housing) 
shall  not  result  in  the  pressure  in  the  supply  line  fall- 
ing below  70  p.s.i.,  measured  at  the  forward  trailer  sup- 
ply coupling.  A  trailer  shall  meet  the  above  supply  line 
pressure  retention  requirement  with  its  brake  system 
connected  to  the  trailer  test  rig  shown  in  Figure  1,  with 
the  reservoirs  of  the  trailer  and  test  rig  initially  pres- 
surized to  100  p.s.i.,  and  the  regulator  of  the  trailer 
test  rig  set  at  100  p.s.i. 

S5.8.3  Automatic  Application  of  Parking  Brakes. 
Effective  October  8,  1992,  or  at  the  manufacturer's  op- 
tion effective  November  7,  1991,  with  an  initial  reser- 
voir system  pressure  of  100  p.s.i.  and  initial  supply  line 
pressure  of  100  p.s.i.,  and  if  designed  to  tow  a  vehicle 
equipped  with  air  brakes,  with  a  50  cubic  inch  test 
reservoir  connected  to  the  rear  supply  line  coupling, 
and  with  any  subsequent  single  leakage  type  failure  in 
any  other  brake  system,  of  a  part  designed  to  contain 
compressed  air  or  brake  fluid  (excluding  failure  of  a 
component  of  a  brake  chamber  housing  but  including 
failure  of  any  diaphragm  of  a  brake  chamber  which  is 
common  to  the  parking  brake  system  and  any  other 
brake  system),  whenever  the  air  pressure  in  the  sup- 
ply line  is  70  p.s.i.  or  higher,  the  parking  brakes  shall 
not  provide  any  brake  retardation  as  a  result  of  com- 
plete or  partial  automatic  apphcation  of  the  parking 
brakes. 

T-.aed  on  October  2,  1991. 


56  F.R.  50666 
October  8,  1991 


PART  571;  S121-PRE  211-212 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  121 

Air  Brake  Systems— Trucks,  Buses  and  Trailers 

(Docket  Nos.  70-16,  70-17;  Notice  No.  2) 


51 .  Scope.  This  standard  establishes  perform- 
ance and  equipment  requirements  for  braking 
systems  on  vehicles  equipped  with  air  brake 
systems. 

52.  Purpose.  The  purpose  of  this  standard  is 
to  insure  safe  braking  performance  under  normal 
and  emergency  conditions. 

53.  Application.  This  standard  applies  to 
trucks,  buses,  and  trailers  equipped  with  air  brake 
systems.    However,  it  does  not  apply  to: 

[(a)  Any  trailer  that  has  a  width  of  more  than 
102.36  inches  with  extendable  equipment  in  the  fully 
retracted  position  and  is  equipped  with  two  short 
track  axles  in  a  line  across  the  width  of  the  trailer. 

(b)  Any  vehicle  equipped  with  an  axle  that  has  a 
GAWR  of  29,000  pounds  or  more; 

(c)  Any  truck  or  bus  that  has  a  speed  attainable 
in  2  miles  of  not  more  than  33  mph; 

(d)  Any  truck  that  has  a  speed  attainable  in  2 
miles  of  not  more  than  45  mph,  an  unloaded  vehicle 
weight  that  is  not  less  than  95  percent  of  its 
GVWR,  and  no  capacity  to  carry  occupants  other 
than  the  driver  and  operating  crew; 

(e)  Any  trailer  that  has  a  GVWR  of  more  than 
120,000  pounds  and  whose  body  conforms  to  that 
described  in  the  definition  of  Heavy  hauler  trailer 
set  forth  in  S4; 

(f)  Any  trailer  that  has  an  unloaded  vehicle 
weight  which  is  not  less  than  95  percent  of  its 
GVWR;  and 

(g)  Any  load  divider  dolly. 
Notwithstanding  any  language  to  the  contrary, 

sections  S5.3.1,  S5.3.1.1,  S5.3.2,  S5.3.2.1,  S5.3.2.2, 
S5.7.1,  S5.7.3(a)  and  S5.7.3(b)  of  this  standard  are 
not  applicable  to  trucks  and  trailers,  and  section 
S5.3.1  of  this  standard  is  not  applicable  to  buses. 
(53  F.R.  30680— August  15,  1988.  Effective: 
September  14,  1988)1 


S4.     Definitions. 

Agricultural  commodity  trailer  means  a  trailer 
that  is  designed  to  transport  bulk  agricultural  com- 
modities in  off-road  harvesting  sites  and  to  a  pro- 
cessing plant  or  storage  location,  as  evidenced  by 
skeletal  construction  that  accommodates  harvest 
containers,  a  maximum  length  of  28  feet,  and  an 
arrangement  of  air  control  lines  and  reservoirs 
that  minimizes  damage  in  field  operations. 

Air  brake  system  means  a  system  that  uses  air  as 
a  medium  for  transmitting  pressure  or  force  from 
the  driver  control  to  the  service  brake,  but  does  not 
include  a  system  that  uses  compressed  air  or 
vacuum  only  to  assist  the  driver  in  applying 
muscular  force  to  hydraulic  or  mechanical  com- 
ponents. 

Antilock  system  means  a  portion  of  a  service 
brake  system  that  automatically  controls  the 
degree  of  rotational  wheel  slip  at  one  or  more  road 
wheels  of  the  vehicle  during  braking. 

Auto  transporter  means  a  truck  and  a  trailer 
designed  for  use  in  combination  to  transport  motor 
vehicles,  in  that  the  towing  vehicle  is  designed  to 
carry  cargo  at  a  location  other  than  the  fifth  wheel 
and  to  load  this  cargo  only  by  means  of  the  towed 
vehicle. 

Heavy  hauler  trailer  means  a  trailer  with  one  or 
more  of  the  following  characteristics: 

(1)  Its  brake  lines  are  designed  to  adapt  to 
separation  or  extension  of  the  vehicle  frame;  or 

(2)  Its  body  consists  only  of  a  platform  whose 
primary  cargo-carrying  surface  is  not  more  than 
40  inches  above  the  ground  in  an  unloaded  condi- 
tion, except  that  it  may  include  sides  that  are 
designed  to  be  easily  removable  and  a  permanent 
"front-end  structure"  as  that  term  is  used  in 
§  393.106  of  this  title. 


(Rev.  8/15/88) 


PART  571;  S  121-1 


Initial  brake  temperature  means  the  average 
temperature  of  the  service  brakes  on  the  hottest 
axle  of  the  vehicle  0.2  miles  before  any  brake 
application. 

Load  divider  dolly  means  a  trailer  composed  of  a 
trailer  chassis  and  one  or  more  axles,  with  no  solid 
bed,  body,  or  container  attached,  and  which  is 
designed  exclusively  to  support  a  portion  of  the 
load  on  a  trailer  or  truck  excluded  from  all  the 
requirements  of  this  standard. 

Pulpwood  trailer  means  a  trailer  that  is  designed 
exclusively  for  harvesting  logs  or  pulpwood  and 
constructed  with  a  skeletal  frame  with  no  means 
for  attachment  of  a  solid  bed,  body,  or  container, 
and  with  an  arrangement  of  air  control  lines  and 
reservoirs  designed  to  minimize  damage  in  off- 
roads  operations. 

Skid  number  means  the  frictional  resistance  of  a 
pavement  measured  in  accordance  with  American 
Society  for  Testing  and  Materials  Method 
"E-274-70  (as  revised  July  1974)"  at  40  mph, 
omitting  water  delivery  as  specified  in  paragraphs 
S7.1  and  7.2  of  that  method. 

Straddle  trailer  means  a  trailer  that  is  designed 
to  transport  bulk  agricultural  commodities  from  the 
harvesting  location  as  evidenced  by  a  framework 
that  is  driven  over  the  csrgo  and  lifting  arms  that 
suspend  the  cargo  for  transit. 

Speed  attainable  in  two  miles  means  the  speed  at- 
tainable by  accelerating  at  maximum  rate  from  a 
standing  start  for  two  miles  on  a  level  surface. 

S5.  Requirements.  Each  vehicle  shall  meet  the 
following  requirements  under  the  conditions 
specified  in  S6. 

S5.1     Required    equipment— trucks    and    buses. 

Each  truck  and  bus  shall  have  the  following  equip- 
ment: 

S5.1.1  Air  Compressor.  An  air  compressor  of 
sufficient  capacity  to  increase  air  pressure  in  the 
supply  and  service  reservoirs  from  85  pounds  per 
square  inch  (psi)  to  100  (psi)  when  the  engine  is 
operating  at  the  vehicle  manufacturer's  maximum 
recommended  rpm  within  a  time,  in  seconds,  deter- 
mined by  the  quotient 

actual  reservoir  capacity  x  25 
required  reservoir  capacity 

[5.1.1.1  Air  compressor  cut-in  pressure.  Effec- 
tive October  8,  1992,  or  at  the  manufacturer's  op- 
tion effective  November  7,  1991,  the  air  com- 
pressor governor  cut-in  pressure  shall  be  greater 
than  85  p.s.i.  (56  F.R.  50666— October  8,  1991.  Effec- 
tive: October  8,  1992.  Optional  compliance  Novem- 
ber 7,  1991)1 


55.1.2  Reservoirs.  One  or  more  service  reser- 
voir systems,  from  which  air  is  delivered  to  the 
brake  chambers,  and  either  an  automatic  conden- 
sate drain  valve  for  each  service  reservoir  or  a  sup- 
ply reservoir  between  the  service  reservoir  system 
and  the  source  of  air  pressure. 

55.1.2.1  The  combined  volume  of  all  service 
reservoirs  and  supply  reservoirs  shall  be  at  least 
twelve  times  the  combined  volume  of  all  service 
brake  chambers  at  maximum  travel  of  the  pistons 
or  diaphragms.  However,  the  reservoirs  on  the 
truck  portion  of  an  auto  transporter  need  not  meet 
this  requirement 

55.1.2.2  Each  reservoir  shall  be  capable  of 
withstanding  an  internal  hydrostatic  pressure  of 
five  times  the  compressor  cutout  pressure  or  500 
p.s.i.,  whichever  is  greater  for  10  minutes. 

55.1.2.3  Each  service  reservoir  system  shall  be 
protected  against  loss  of  air  pressure  due  to  failure 
or  leakage  in  the  system  between  the  service  reser- 
voir and  the  source  of  air  pressure,  by  check  valves 
or  equivalent  devices  whose  proper  functioning  can 
be  checked  without  disconnecting  any  air  line  or 
fitting. 

55.1.2.4  Each  reservoir  shall  have  condensate 
drain  valve  that  can  be  manually  operated. 

55.1.3  Towing  vehicle  protection  system.    If  the 

vehicle  is  intended  to  tow  another  vehicle  equipped 
with  air  brakes,  a  system  to  protect  the  air 
pressure  in  the  towing  vehicle  from  the  effects  of  a 
loss  of  air  pressure  in  the  towed  vehicle. 

55.1.4  Pressure  gauge.  A  pressure  gauge  in 
each  service  brake  system,  readily  visible  to  a  per- 
son seated  in  the  normal  driving  position,  that  in- 
dicates the  service  reservoir  system  air  pressure. 
The  accuracy  of  the  gauge  shall  be  within  plus  or 
minus  7  percent  of  the  compressor  cut-out 
pressure. 

55.1.5  Warning  signal.  A  signal,  other  than  a 
pressure  gauge,  that  gives  a  continuous  warning  to 
a  person  in  the  normal  driving  position  when  the 
ignition  is  in  the  "on"  or  "run"  position  and  the  air 
pressure  in  the  service  reservoir  system  is  below 
60  psi.  The  signal  shall  be  either  visible  within  the 
driver's  forward  field  of  view,  or  both  audible  and 
visible. 

55.1.6  Antilock  warning  signal.  A  signal  on 
each  vehicle  equipped  with  an  antilock  system  that 
gives  a  continuous  warning  to  a  person  in  the  nor- 
mal driving  position  when  the  ignition  is  in  the 
"on"  or  "run"  position  in  the  event  of  a  total  elec- 
trical failure  of  the  antilock  system.  The  signal 
shall  be  either  visible  within  the  driver's  forward 


(Rev.  10/8/91) 


PART  571;  S  121-2 


^        field  of  view  or  both  audible,  for  a  duration  of  at 

'        least  10  seconds,  and  continuously  visible.  The 

signal  shall  operate  in  the  specified  manner  each 

time  the  ignition  is  returned  to  the  "on"  or  "run" 

position. 

55.1.7  Service    brake    stop    lamp    switch.     A 

switch  that  lights  the  stop  lamps  when  the  service 
brake  control  is  statically  depressed  to  a  point  that 
produces  a  pressure  of  6  psi  or  less  in  the  service 
brake  chambers. 

55.1.8  Brake  distribution.  Each  vehicle  shall  be 
equipped  with  a  service  brake  system  acting  on  all 
wheels. 

S5.2  Required  equipment— trailers.  Each  trailer 
shall  have  the  following  equipment: 

S5.2.1  Reservoirs.  One  or  more  reservoirs  to 
which  the  air  is  delivered  from  the  towing  vehicle. 

[S5.2.1.1  For  vehicles  manufactured  before  Oc- 
tober 8,  1992,  total  service  reservoir  volume  shall  be 
at  least  eight  times  the  combined  volume  of  all  serv- 
ice brake  chambers  at  maximum  travel  of  the  pis- 
tons or  diaphragms.  For  vehicles  manufactured  on 
or  after  October  8,  1992,  or  at  the  manufacturer's 
option  for  vehicles  manufactured  on  or  after 
November  7,  1991,  the  total  volume  of  each  service 
i  reservoir  shall  be  at  least  eight  times  the  combined 
"  volume  of  all  service  brake  chambers  serviced  by 
that  reservoir  at  the  maximum  travel  of  the  pistons 
or  diaphragms  of  those  service  brake  chambers. 
However,  the  reservoirs  on  a  heavy  hauler  trailer 
and  on  the  trailer  portion  of  an  auto  transporter 
need  not  meet  the  requirements  specified  in 
S5.2.1.1.  (56  F.R.  50666— October  8.  1991.  Effective: 
October  8,  1992.  Optional  compliance  November  7, 
1991)1 

S5.2.1.C21  Each  reservoir  shall  be  capable  of 
withstanding  an  internal  hydrostatic  pressure  of 
500  p.s.i.  for  10  minutes. 

S5.2.1.I3]  Each  reservoir  shall  have  a  condensate 
drain  valve  that  can  be  manually  operated. 

S5.2.1.I4]  Each  service  reservoir  shall  be  pro- 
tected against  loss  of  air  pressure  due  to  failure  or 
leakage  in  the  system  between  the  service  reser- 
voir and  its  source  of  air  pressure  by  check  valves 
or  equivalent  devices. 

[S5.2.1.5  For  vehicles  manufactured  before  Oc- 
tober 8,  1992,  a  reservoir  shall  be  provided  that  is 
capable,  when  pressurized  to  90  p.s.i.,  of  releasing 
the  vehicle's  parking  brakes  at  least  once  and  that 
is  unaffected  by  a  loss  of  air  pressure  in  the  service 
,,  brake  system.  This  requirement  need  not  be  met  if 
')  the  vehicle  meets  the  applicable  requirements  spec- 
ified in  S5. 1.1.1,  the  second  sentence  of  S5.2.1.1, 


and  S5.8.1  through  S5.8.4,  notwithstanding  the  ef- 
fective date  of  those  requirements.  (56  F.R. 
50666— October  8,  1991.  Effective:  October  8,  1992. 
Optional  compliance  November  7,  1991)1 

S5.2.2  Brake  distribution.  Each  trailer  shall  be 
equipped  with  a  service  brake  system  acting  on  all 
wheels. 

S5.3  Service  brakes— road  tests.  The  service 
brake  system  on  each  truck  and  bus  shall,  under  the 
conditions  of  S6.1,  meet  the  requirements  of  S5.3.1, 
S5.3.3,  and  S5.3.4  when  tested  without  adjustments 
other  than  those  specified  in  this  standard.  The 
service  brake  system  on  each  trailer  shall,  under 
the  conditions  of  S6.1,  meet  the  requirements  of 
S5.3.2,  S5.3.3,  and  S5.3.4  when  tested  without 
adjustments  other  than  those  specified  in  this 
standard.  However,  a  heavy  hauler  trailer  and  the 
truck  and  trailer  portions  of  an  auto  transporter 
need  not  meet  the  requirements  of  S5.3. 

S5.3.1     Stopping    distance— trucks    and    buses. 

When  stopped  six  times  for  each  combination  of 
weight,  speed,  and  road  condition  specified  in 
S5.3.1.1,  in  the  sequence  specified  in  Table  I,  the 
vehicle  shall  stop  at  least  once  in  not  more  than  the 
distance  specified  in  Table  II,  measured  from  the 
point  at  '■  '.lich  movement  of  the  service  brake  con- 
trol b>  „ms,  without  any  part  of  the  vehicle  leaving 
the  roadway  and  without  lockup  of  any  wheel  at 
speeds  above  10  mph  except  for: 

(a)  Controlled  lockup  of  wheels  allowed  by  an 
antilock  system,  or 

(b)  Lockup  of  wheels  on  nonsteerable  axles  other 
than  the  two  rearmost  nonliftable,  nonsteerable 
axles  on  a  vehicle  with  more  than  two  nonsteerable 
axis. 

Table  I.— Stopping  Sequence 

1.  Burnish 

2.  Control  trailer  service  brake  stops  at  60  mph 
(for  truck-tractors  tested  with  a  control  trailer 
in  accordance  with  S6. 1.10.6). 

3.  Control  trailer  emergency  brake  stops  at  60 
mph  (for  truck-tractors  tested  with  a  control 
trailer  in  accordance  with  S6.1.10.7). 

4.  Stops  with  vehicle  at  gross  vehicle  weight 
rating: 

(a)  20  mph  service  brake  stops  on  skid  number 
of  81. 

(b)  60  mph  service  brake  stops  on  skid  number 
of  81. 

(c)  20  mph  service  brake  stops  on  skid  number 
of  30. 

(d)  20  mph  emergency  brake  stops  on  skid 
number  of  81. 


(Rev.  10/8/91) 


PART  571;  S  121-3 


(e)  60  mph   emergency  brake  stops  on   skid 
number  of  81. 

5.  Parking   brake   test   with    vehicle   loaded   to 
gross  vehicle  weight  rating. 

6.  Stops  with  vehicle  at  unloaded  weight  plus 
500  lb.: 

(a)  20  mph  service  brake  stops  on  skid  number 
of  81. 

(b)  60  mph  service  brake  stops  on  skid  number 
range  81. 

(c)  20  mph  service  brake  stops  on  skid  number 
range  30. 

(d)  20  mph  emergency  brake  stops  on  skid 
number  range  81. 

(e)  60  mph   emergency  brake  stops  on   skid 
number  range  81. 

7.  Parking  brake  test  with  vehicle  at  unloaded 
weight  plus  500  lb. 

S5.3.1.1  Stop  the  vehicle  from  60  mph  and  20 
mph  on  a  surface  with  a  skid  number  of  81,  and 
from  20  mph  on  a  wet  surface  with  a  skid  number 
of  30,  with  the  vehicle  (a)  loaded  to  its  gross  vehicle 
weight  rating,  and  (b)  at  its  unloaded  vehicle 
weight  plus  500  pounds  (including  driver  and  in- 
strumentation). If  the  speed  attainable  in  2  miles  is 
less  than  60  mph,  the  vehicle  shall  stop  from  a 
speed  in  Table  II  that  is  4  to  8  mph  less  than  the 
speed  attainable  in  2  miles. 

Table  II.— Stopping  Distance  in  Feet 


Service  Brake 

Emergency 

Brake 

stopping 

distance 

stopping  distance 

Vehicle 

Column  1 

Column  2 

Column  3      Column  4 

speed 

Skid 

Skid  No.  30 

Skid  No. 

81 

in 

Skid  No.  81 

miles 

per  hour 

20 

35 

60 

83 

85 

25 

53 

123 

131 

30 

75 

170 

186 

35 

101 

225 

250 

40 

131 

288 

325 

45 

165 

358 

409 

50 

203 

435 

504 

55 

246 

520 

608 

60 

293 

613 

720 

S5.3.2.  Stopping  capability— trailers.  When 
tested  at  each  combination  of  weight,  speed,  and 
road  condition  specified  in  S5. 3.2.1,  in  the  se- 


quence specified  in  Table  I,  with  air  pressure  of  90 
psi  in  the  control  line  and  service  reservoir  system 
and  with  no  application  of  the  towing  vehicle's 
brakes,  a  trailer  shall  stop  without  any  part  of  the 
trailer  leaving  the  roadway  and  without  lockup  of 
any  wheel  at  speeds  above  10  mph,  except  for 

(a)  Controlled  lockup  of  wheels  allowed  by  an 
antilock  system;  or 

(b)  Lockup  of  wheels  on  nonsteerable  axles 
other  than  the  two  rearmost  nonliftable; 
nonsteerable  axles  on  a  trailer  with  more 
than  two  nonsteerable  axles;  or 

(c)  In  the  case  of  an  axle  system  having  more 
than  four  wheels,  lockup  of  any  wheel  other 
than  the  outermost  wheel  at  each  end  of  the 
axle  system. 

55.3.2.1  Stop  the  vehicle  from  60  mph  and  20 
mph  on  a  surface  with  skid  number  of  81,  and  from 
20  mph  on  a  wet  surface  with  a  skid  number  30, 
with  the  vehicle  (a)  loaded  to  its  gross  vehicle 
weight  rating,  and  (b)  at  its  unloaded  vehicle 
weight  plus  500  pounds  (including  instrumenta- 
tion). 

55.3.2.2  When  stopped  in  accordance  with 
S5.3.2,  a  pulpwood  trailer  need  not  meet  the  re- 
quirements relating  to  wheel  lockup,  but  must 
nevertheless  meet  the  requirements  of  staying 
within  the  12-foot  lane. 

S5.3.3  Brake  actuation  time.  Each  service 
brake  system  shall  meet  the  requirements  of 
S5.3.3.1,  except  that,  at  the  option  of  the  manufac- 
turer, vehicles  manufactured  before  May  3,  1991 
may  meet  the  requirements  specified  in  either 
S5.3.3.2  or  S5.3.3.3 

S5.3.3.1  (a)  With  an  initial  service  reservoir 
system  air  pressure  of  100  psi,  the  air  pressure  in 
each  brake  chamber  shall,  when  measured  from 
the  first  movement  of  the  service  brake  control, 
reach  60  p.s.i.  in  not  more  than  0.45  seconds  in  the 
case  of  trucks  and  buses,  0.50  seconds  in  the  case 
of  trailers,  other  than  trailer  converter  dollies, 
designed  to  tow  another  vehicle  equipped  with  air 
brakes,  0.55  seconds  in  the  case  of  trailer  con- 
verter dollies,  and  0.60  seconds  in  the  case  of 
trailers  other  than  trailers  designed  to  tow  another 
vehicle  equipped  with  air  brakes  shall  meet  the 
above  actuation  time  requirement  with  a  50-cubic- 
inch  test  reservoir  connected  to  the  control  line 
output  coupling.  A  trailer,  including  a  trailer  con- 
verter dolly,  shall  meet  the  above  actuation  time 


PART  571;  S  121-4 


^         requirement  with  its  control  line  input  coupling 
W         connected  to  the  test  rig  shown  in  Figure  1. 

(b)  For  a  vehicle  that  is  manufactured  after  May 
3,  1991  and  is  designed  to  tow  another  vehicle 
equipped  with  air  brakes,  the  pressure  in  the 
50-cubic-inch  test  reservoir  referred  to  in 
S5. 3. 3. 1(a)  shall,  when  measured  from  the  first 
movement  of  the  service  brake  control,  reach  60 
p.s.i.  not  later  than  the  time  the  fastest  brake 
chamber  on  the  vehicle  reaches  60  p.s.i.  or,  at  the 
option  of  the  manufacturer,  in  not  more  than  0.35 
seconds  in  the  case  of  trucks  and  buses,  0.55 
seconds  in  the  case  of  trailer  converter  dollies,  and 
0.50  seconds  in  the  case  of  trailers  other  than 
trailer  converter  dollies. 

55.3.3.2  Optional  requirement  for  vehicles  manu- 
factured before  May  3, 1991 .  With  an  initial  service 
reservoir  system  air  pressure  of  100  psi,  the  air 
pressure  in  each  brake  chamber  shall,  when  meas- 
ured from  the  first  movement  of  the  service  brake 
control,  reach  60  p.s.i.  in  not  more  than  0.45 
seconds  in  the  case  of  trucks  and  buses,  and  0.60 
seconds  in  the  case  of  trailers.  A  vehicle  designed  to 
tow  another  vehicle  equipped  with  air  brakes  shall 

^  meet  the  above  actuation  time  requirement  with  a 
i)  50-cubic-inch  test  reservoir  connected  to  the  control 
line  output  coupling.  A  trailer,  including  a  traOer 
converter  dolly,  shall  meet  the  above  actuation  time 
requirement  with  its  control  line  input  coupling  con- 
nected to  the  test  rig  shown  in  Figure  1. 

55.3.3.3  Optional  requirement  for  vehicles 
manufactured  before  May  3,  1991.  With  an  initial 
service  reservoir  system  air  pressure  of  100  psi,  the 
air  pressure  in  each  brake  chamber  shall,  when 
measured  from  the  first  movement  of  the  service 
brake  control,  reach  60  p.s.i.  in  not  more  than  0.45 
seconds  in  the  case  of  trucks  and  buses,  0.35 
seconds  in  the  case  of  trailer  converter  dollies,  and 
0.30  seconds  in  the  case  of  trailers  other  than  trailer 
converter  dollies.  A  vehicle  designed  to  tow  another 
vehicle  equipped  with  air  brakes  shall  meet  the 
above  actuation  time  requirement  with  a  50-cubic- 
inch  test  reservoir  connected  to  the  control  line  out- 
put coupling.  A  trailer,  including  a  trailer  converter 
dolly,  shall  meet  the  above  actuation  time  require- 
ment with  its  control  line  input  coupling  connected 
to  the  test  rig  shown  in  Figure  1(a). 


S5.3.4  Brake  release  time.  Each  service  brake 
system  shall  meet  the  requirements  of  S5.3.4.1, 
except  that,  at  the  option  of  the  manufacturer, 
vehicles  manufactured  before  May  3,  1991  may 


meet  the  requirements  specified  in  either  S5.3.4.2 
or  S5.3.4.3. 

S5.3.4.1  (a)  With  an  initial  service  brake 
chamber  air  pressure  of  95  p.s.i.,  the  air  pressure 
in  each  brake  chamber  shall,  when  measured  from 
the  first  movement  of  the  service  brake  control, 
fall  to  5  p.s.i.  in  not  more  than  0.55  seconds  in  the 
case  of  trucks  and  buses,  and  fall  to  5  p.s.i.  in  not 
more  than  0.55  seconds  in  the  case  of  trucks  and 
buses,  1.00  seconds  in  the  case  of  trailers,  other 
than  trailer  converter  dollies,  designed  to  tow 
another  vehicle  equipped  with  air  brakes,  1.10 
seconds  in  the  case  of  the  trailer  converter  dollies, 
and  1.20  seconds  in  the  case  of  trailers  other  the 
trailers  designed  to  tow  another  vehicle  equipped 
with  air  brakes.  A  vehicle  designed  to  tow  another 
vehicle  equipped  with  air  brakes  shall  be  capable  of 
meeting  the  above  release  time  requirement  with  a 
50-cubic-inch  test  reservoir  connected  to  the  con- 
trol line  coupling.  A  trailer,  including  a  trailer  con 
verter  dolly,  shall  meet  the  above  release  time 
requirements  with  its  brake  system  connected  to 
the  test  rig  shown  in  Figure  1. 

(b)  For  vehicles  designed  to  tow  another  vehicle 
equipped  with  air  brakes,  effective  May  3,  1991, 
the  pressure  in  the  50-cubic-inch  test  reservoir 
referred  to  in  S5. 3. 4. 1(a)  shall,  when  measured 
from  the  first  movement  of  the  service  brake  con- 
trol, fall  to  5  p.s.i.  in  not  more  than  0.75  seconds  in 
the  case  of  trucks  and  buses,  1.10  seconds  in  the 
case  of  trailer  converter  dollies,  and  1.00  seconds 
in  the  case  of  trailers  other  than  trailer  converter 
dollies. 

[S5.3.4.2  Optional  requirement  for  vehicles 
manufactured  before  May  3,  1991.  With  an  initial 
service  brake  chamber  air  pressure  of  95  p.s.i.,  the 
air  pressure  in  each  brake  chamber  shall,  when 
measured  from  the  first  movement  of  the  service 
brake  control,  fall  to  5  p.s.i.  in  not  more  than  0.55 
seconds  in  the  case  of  trucks  and  buses,  and  1.20 
seconds  in  the  case  of  trailers.  A  vehicle  designed 
to  tow  another  vehicle  equipped  with  air  brakes 
shall  meet  the  above  release  time  requirement  with 
a  50-cubic-inch  test  reservoir  connected  to  the  con- 
trol line  output  coupling.  A  trailer,  including  a 
traOer  converter  dolly,  shall  meet  the  above  release 
time  requirement  with  its  control  line  input  coupling 
connected  to  the  test  rig  shown  in  Figure  1. 

[S5.3.4.3  Optional  requirement  for  vehicles 
manufactured  before  May  3,  1991.  With  an  initial 
service  brake  chamber  air  pressure  of  95  p.s.i.,  the 


(Rev.  5/3/89) 


PART  571;  S  121-5 


air  pressure  in  eacii  brake  chamber  shall,  when 
measured  from  the  first  movement  of  the  service 
brake  control,  fall  to  5  p.s.i.  in  not  more  than  0.55 
seconds  in  the  case  of  trucks  and  buses,  and  0.65 
seconds  in  the  case  of  trailers.  A  vehicle  designed 
to  tow  another  vehicle  equipped  with  air  brakes 
shall  meet  the  above  release  time  requirement  with 
a  50-cubic-inch  test  reservoir  connected  to  the  con- 
trol line  output  coupling.  A  trailer,  including  a 
trailer  converter  dolly,  shall  meet  the  above 
release  time  requirement  with  its  control  line  input 
coupling  connected  to  the  test  rig  show  in  Figure 
1(a).  54  F.R.  18890— May  3,  1989.  Effective:  June  2, 
1989.)] 

S5.4     Service  brake  system— dynamometer  tests. 

When  tested  without  prior  road  testing,  under  the 
conditions  of  S6.2,  each  brake  assembly  shall  meet 
the  requirements  of  S5.4.1,  S5.4.2,  and  S5.4.3 
when  tested  in  sequence  and  without  adjustments 
other  than  those  specified  in  the  standard.  For  pur- 
poses of  the  requirements  of  S5.4.2  and  S5.4.3,  an 
average  deceleration  rate  is  the  change  in  velocity 
divided  by  the  deceleration  time  measured  from 
the  onset  of  deceleration.  However,  a  brake 
assembly  on  a  heavy  hauler  trailer  manufactured 
before  July  1,  1979,  need  not  meet  the  require- 
ments of  this  section. 

S5.4.1     Bralce  retardation  force.    Thi  sum  of  the 

retardation  forces  exerted  by  the  brakes  on  each 
vehicle  designed  to  be  towed  by  another  vehicle 
equipped  with  air  brakes  shall  be  such  that  the 
quotient 

sum  of  the  brake  retardation  forces 
sum  of  GAWRs 

relative  to  brake  chamber  air  pressure  shall  have 
values  not  less  than  those  shown  in  Column  1  of 
Table  III.  Retardation  force  shall  be  determined  as 
follows: 

Table  III.— Brake  Retardation  Force 


BRAKE  RETARDATION 

BRAKE  CHAMBER 

FORCE 

GAWR 

PRESSURE,  p.s.i. 

Column  1 

Column  2 

0.05 

20 

0.12 

30 

0.18 

40 

0.25 

50 

0.31 

60 

0.37 

70 

0.41 

80 

S5.4.1 .1  After  burnishing  the  brake  pursuant  to 
S6.2.6,  retain  the  brake  assembly  on  the  inertia 
dynamometer.  With  an  initial  brake  temperature 
between  125°F  and  200°F,  conduct  a  stop  from  50 
mph,  maintaining  brake  chamber  air  pressure  at  a 
constant  20  psi.  Measure  the  average  torque  ex- 
erted by  the  brake  from  the  time  the  specified  air 
pressure  is  reached  until  the  brake  stops  and  divide 
by  the  static  loaded  tire  radius  specified  by  the  tire 
manufacturer  to  determine  the  retardation  force. 

Repeat  the  procedure  six  times,  increasing  the 
brake  chamber  air  pressure  by  10.  After  each  stop, 
rotate  the  brake  drum  or  disc  until  the  tempera- 
ture of  the  brake  falls  to  between  125°F.  and 
200°F. 

55.4.2  Brake  power.  When  mounted  on  an  in- 
ertia dynamometer,  each  brake  shall  be  capable  of 
making  10  consecutive  decelerations  at  an  average 
rate  of  9  fpsps  from  50  mph  to  15  mph,  at  equal  in- 
tervals of  72  seconds,  and  shall  be  capable  of 
declerating  to  a  stop  from  20  mph  at  an  average 
deceleration  rate  of  14  fpsps  one  minute  after  the 
10th  acceleration.  The  series  of  decelerations  shall 
be  conducted  as  follows: 

55.4.2.1  With  an  initial  brake  temperature  be- 
tween 150°F  and  200°F  for  the  first  brake  applica- 
tion, and  the  drum  or  disc  rotating  at  a  speed 
equivalent  to  50  mph,  apply  the  brake  and  deceler- 
ate at  an  average  deceleration  rate  of  9  fpsps  to  15 
mph.  Upon  reaching  15  mph,  accelerate  to  50  mph 
and  apply  the  brake  for  a  second  time  72  seconds 
after  the  start  of  the  first  application.  Repeat  the 
cycle  until  10  decelerations  have  been  made.  The 
service  line  air  pressure  shall  not  exceed  100  psi 
during  any  deceleration. 

55.4.2.2  One  minute  after  the  end  of  the  last 
deceleration  required  by  S5.4.2.1  and  with  the 
drum  or  disc  rotating  at  a  speed  of  20  mph, 
decelerate  to  a  stop  at  an  average  deceleration  rate 
of  14  fpsps. 

55.4.3  Brake  recovery.  Starting  2  minutes 
after  completing  the  tests  required  by  S5.4.2,  the 
brake  of  a  vehicle  other  than  either  front  axle 
brake  of  a  truck-tractor  shall  be  capable  of  making 
20  consecutive  stops  from  30  mph  at  an  average 
deceleration  rate  of  12  ft/s/s,  at  equal  intervals  of  1 
minute  measured  from  the  start  of  each  brake  ap- 
plication. The  service  line  air  pressure  needed  to 
attain  a  rate  of  12  ft/s/s  shall  be  not  more  than  85 
lb./in.2,  and  not  less  than  20  Ib./in.^  for  a  brake  not 
subject  to  the  control  of  an  antilock  system,  or 
12  lb./in.2  for  a  brake  subject  to  the  control  of  an 
antilock  system. 


PART  571;  S121- 


55.5  Antilock  system. 

f  S5.5.1     Antilock  system  failure.    On  a  vehicle 

equipped  with  an  antilock  system,  electrical  failure 
of  any  part  of  the  antilock  system  shall  not  in- 
crease the  actuation  and  release  times  of  the  serv- 
ice brakes. 

S5.5.2    Antilock  system  power— trailers.    On  a 

trailer  equipped  v\^ith  an  antilock  system  that  re- 
quires electrical  power  for  operation,  the  power 
shall  be  obtained  from  the  stop  lamp  circuit.  Addi- 
tional circuits  may  also  be  used  to  obtain  redun- 
dant sources  of  electrical  power. 

55.6  Parking  brake  system.  Each  vehicle 
other  than  a  trailer  converter  dolly  shall  have  a 
parking  brake  system  that  under  the  conditions  of 
S6.1  meets  the  requirements  of  S5.6.1  or  S5.6.2,  at 
the  manufacturer's  option,  and  the  requirements 
of  S5.6.3  and  S5.6.4.  IS5.6.5,  and  S5.6.6. 
However,  the  trailer  portion  of  any  agricultural 
commodity  trailer,  heavy-hauler  trailer,  or 
pulpwood  trailer  shall  meet  the  requirements  of 
this  section  or,  at  the  option  of  the  manufacturer, 
the  requirements  of  §  393.43  of  this  title.  (56  F.R. 
26927— June  12.  1991.  Effective:  December  9,  1991)1 

I  S5.6.1     Static  retardation  force.    With  all  other 

'  brakes    rendered    inoperative,    during    a    static 

drawbar  pull  in  a  forward  or  rearward  direction, 
the  static  retardation  force  produced  by  the  ap- 
plication of  the  parking  brakes  shall  be: 

(a)  In  the  case  of  a  vehicle  other  than  a  truck- 
tractor  that  is  equipped  with  more  than  two  axles, 
such  that  the  quotient 

static  retardation  force 


GAWR 

is  not  less  than  0.28  for  any  axle  other  than  a 
steerable  front  axle;  and 

(b)  In  the  case  of  a  truck-tractor  that  is  equipped 
with  more  than  two  axles,  such  that  the  quotient 

static  retardation  force 


GVWR 

is  not  less  than  0.14. 

S5.6.2  Grade  holding.  With  all  parking  brakes 
applied,  the  vehicle  shall  remain  stationary  facing 
uphill  and  facing  downhill  on  a  smooth,  dry 
Portland  cement  concrete  roadway  with  a  20% 
grade,  both  (a)  when  loaded  to  its  gross  vehicle 


weight  rating,  and  (b)  at  its  unloaded  vehicle 
weight  plus  500  pounds  (including  driver  and 
instrumentation). 

S5.6.3  Application  and  holding.  Each  parking 
brake  system  shall  meet  the  requirements  of 
S5.6.3.1  through  S5.6.3.4,  except  that,  at  the  op- 
tion of  the  manufacturer,  [the  parking  brake 
system  in  each  vehicle  manufactured  before 
December  9,  1991,  may  meet  either  those  re- 
quirements specified  in  S5.6.3.5.  (56  F.R.  26927— 
June  12,  1991.  Effective  December  9,  1991)1 

55.6.3.1  The  parking  brake  system  shall  be 
capable  of  achieving  the  minimum  performance 
specified  either  in  S5.6.1  or  S5.6.2  with  any  single 
leakage-type  failure,  in  any  other  brake  system,  of 
a  part  designed  to  contain  compressed  air  or  brake 
fluid  (except  failure  of  a  component  of  a  brake 
chamber  housing,  [but  including  failure  of  any 
brake  chamber  diaphragm  that  is  part  of  any  other 
brake  system  including  a  diaphragm  which  is  com- 
mon to  the  parking  brake  system  and  any  other 
brake  system),  when  the  pressures  in  the  vehicle's 
parking  brake  chambers  are  at  the  levels  deter- 
mined in  S5.6.3.4.  (56  F.R.  26927-June  12,  1991. 
Effective:  December  9,  1991).l 

55.6.3.2  [A  mechanical  means  shall  be  provided 
that,  after  a  parking  brake  application  is  made 
with  the  pressures  in  the  vehicle's  parking  brake 
chambers  at  the  levels  determined  in  S5.6.3.4,  and 
all  air  and  fluid  pressures  in  the  vehicle's  braking 
systems  are  then  bled  down  to  zero,  and  without 
using  electrical  power,  holds  the  parking  brake  ap- 
plication with  sufficient  parking  retardation  force 
to  meet  the  minimum  performance  specified  in 
S5.6.3.1  and  in  either  S5.6.1  or  S5.6.2.  (56  F.R. 
26927— June  12,  1991.  Effective:  December  9,  1991).l 

55.6.3.3  [For  trucks  and  buses,  with  an  initial 
reservoir  system  pressure  of  100  psi  and,  if  designed 
to  tow  a  vehicle  equipped  with  air  brakes,  with  a  50 
cubic  inch  test  reservoir  connected  to  the  supply 
line  coupling,  no  later  than  three  seconds  from  the 
time  of  actuation  of  the  parking  brake  control,  the 
mechanical  means  referred  to  in  S5.6.3.2  shall  be 
actuated.  For  trailers,  with  the  supply  line  initially 
pressurized  to  100  psi  using  the  supply  line  portion 
of  the  trailer  test  rig  (Figure  1)  and,  if  designed  to 
tow  a  vehicle  equipped  with  air  brakes,  with  a  50 
cubic  inch  test  reservoir  connected  to  the  rear  sup- 
ply line  coupling,  no  later  than  three  seconds  from 
the  time  venting  to  the  atmosphere  of  the  front 
supply  line  coupling  is  initiated,  the  mechanical 


(Rev.  6/12/91) 


PART  571;  S121-7 


means  referred  to  in  S5.6.3.2  shall  be  actuated. 
This  requirement  shall  be  met  for  trucks,  buses  and 
trailers  both  with  and  without  any  single  leakage- 
type  failure,  in  any  other  brake  system,  of  a  part 
designed  to  contain  compressed  air  or  brake  fluid 
(excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake 
system  including  a  diaphragm  which  is  common  to 
the  parking  brake  system  and  any  other  brake 
system).  (56  F.R.  26927— June  12,  1991.  Effective: 
December  9,  1991).! 

S5.6.3.4  [The  parking  brake  chamber  pressures 
for  S5.6.3.1  and  S5.6.3.2  are  determined  as 
follows.  For  trucks  and  buses,  with  an  initial  reser- 
voir system  pressure  of  100  psi  and,  if  designed  to 
tow  a  vehicle  equipped  with  air  brakes,  with  a  50 
cubic  inch  test  reservoir  connected  to  the  supply 
line  coupling,  any  single  leakage  type  failure,  in 
any  other  brake  system,  of  a  part  designed  to  con- 
tain compressed  air  of  brake  fluid  (excluding 
failure  of  a  component  of  a  brake  chamber  housing 
but  including  failure  of  any  brake  chamber  dia- 
phragm that  is  part  of  any  other  brake  system  in- 
cluding a  diaphragm  which  is  common  to  the  park- 
ing brake  system  and  any  other  brake  system),  is 
introduced  in  the  brake  system.  The  parking  brake 
control  is  actuated  and  the  pressures  in  the 
vehicle's  parking  brake  chambers  are  measured 
three  seconds  after  that  actuation  is  initiated.  For 
trailers,  with  the  supply  line  initially  pressurized  to 
100  psi  using  the  supply  line  portion  of  the  trailer 
test  rig  (Figure  1)  and,  if  designed  to  tow  a  vehicle 
equipped  with  air  brakes,  with  a  50  cubic  inch  test 
reservoir  connected  to  the  rear  supply  line  coupl- 
ing, any  single  leakage  type  failure,  in  any  other 
brake  system,  of  a  part  designed  to  contain  com- 
pressed air  or  brake  fluid  (excluding  failure  of  a 
component  of  a  brake  chamber  housing  but  in- 
cluding failure  of  any  brake  chamber  diaphragm 
that  is  part  of  any  other  brake  system  including  a 
diaphragm  which  is  common  to  the  parking  brake 
system  and  any  other  brake  system),  is  introduced 
in  the  brake  system.  The  front  supply  line  coupling 
is  vented  to  the  atmosphere  and  the  pressures  in 
the  vehicle's  parking  brake  chambers  are 
measured  three  seconds  after  that  venting  is  in- 
itiated. (56  F.R.  26927— June  12,  1991.  Effective: 
December  9,  1991).) 

S5.6.3.5.  Optional  requirement  for  vehicles 
manufactured    before   [December   9,    1991].    The 

parking  brake  system  shall  be  capable  of  achieving 
the    minimum    performance    specified    either   in 


S5.6.1  or  S5.6.2.  with  any  single  leakage-type 
failure,  in  any  other  brake  system,  of  a  part  de-  ^ 
signed  to  contain  compressed  air  or  brake  fluid  (ex- 
cept  failure  of  a  component  of  a  brake  chamber 
housing  (but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake 
system  including  a  diaphragm  which  is  common  to 
the  parking  brake  system  and  any  other  brake 
system).]  Once  applied,  the  parking  brakes  shall  be 
held  in  the  applied  position  solely  by  mechanical 
means.  (56  F.R.  26927— June  12,  1991.  Effective: 
December  9,  1991). 

S5.6.4     Parking  brake  control— trucks  and  buses. 

The  parking  brake  control  shall  be  separate  from 
the  service  brake  control.  It  shall  be  operable  by  a 
person  seated  in  the  normal  driving  position.  The 
control  shall  be  identified  in  a  manner  that 
specifies  the  method  of  control  operation.  The 
parking  brake  control  shall  control  the  parking 
brakes  of  the  vehicle  and  of  any  air  braked  vehicle 
that  it  is  designed  to  tow. 

[S5.6.5  Release  performance.  Effective 
December  9, 1991,  each  parking  brake  system  shall 
meet  the  requirements  specified  in  S5. 6.5.1 
through  S5.6.5.4. 

[S5.6.5.1  For  trucks  and  buses,  with  initial  con-  T 
ditions  as  specified  in  S5.6.5.1,  at  all  times  after  an 
application  actuation  of  the  parking  brake  control, 
and  with  any  subsequent  level  of  pressure,  or  com- 
bination of  levels  of  pressure,  in  the  reservoirs  of 
any  of  the  vehicle's  brake  systems,  no  reduction  in 
parking  brake  retardation  force  shall  result  from  a 
release  actuation  of  the  parking  brake  control 
unless  the  parking  brakes  are  capable,  after  such 
release,  of  being  reapplied  at  a  level  meeting  the 
minimum  performance  specified  either  in  S5.6.1  or 
S5.6.2.  This  requirement  shall  be  met  both  with 
and  without  the  engine  on,  and  with  and  without 
any  single  leakage-type  failure,  in  any  other  brake 
system,  of  a  part  designed  to  contain  compressed 
air  or  brake  fluid  (excluding  failure  of  a  component 
of  a  brake  chamber  housing  but  including  failure  of 
any  brake  chamber  diaphragm  that  is  part  of  any 
other  brake  system  including  a  diaphragm  which  is 
common  to  the  parking  brake  system  and  any 
other  brake  system). 

[S5.6.5.2    The  initial  conditions  for  S5.6.5.1  are 
as  follows.  The  reservoir  system  pressure  is  100 
psi.  If  the  vehicle  is  designed  to  tow  a  vehicle  equip- 
ped with  air  brakes,  a  50  cubic  inch  test  reservoir  is         i«| 
connected  to  the  supply  line  coupling.  v 


(Rev.  6/12/91) 


PART  571;  S  121-8 


[S5.6.5.3    For  trailers,  with  initial  conditions  as 
I  specified  in  S5.6.5.4,  at  all  times  after  actuation  of 

the  parking  brakes  by  venting  the  front  supply  line 
coupling  to  the  atmosphere,  and  with  any  subse- 
quent level  of  pressure,  or  combination  of  levels  of 
pressure,  in  the  reservors  of  any  of  the  vehicle's 
brake  systems,  the  parking  brakes  shall  not  be 
releasable  by  repressurizing  the  supply  line  using 
the  supply  line  portion  of  the  trailer  test  rig 
(Figure  1)  to  any  pressure  above  70  psi,  unless  the 
parking  brakes  are  capable,  after  such  release,  of 
reapplication  by  subsequent  venting  of  the  front 
supply  line  coupling  to  the  atmosphere,  at  a  level 
meeting  the  minimum  performance  specified 
either  in  S5.6.1  or  S5.6.2.  This  requirement  shall 
be  met  both  with  and  without  any  single  leakage- 
type  failure,  in  any  other  brake  system,  of  a  part 
designed  to  contain  compressed  air  or  brake  fluid 
(excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake 
system  including  a  diaphragm  which  is  common  to 
the  parking  brake  system  and  any  other  brake 
systemi). 

[S5.6.5.4    The  initial  conditions  for  S5.6.5.3  are 
as  follows.  The  reservoir  system  and  supply  line 
I  are  pressurized  to  100  psi,  using  the  supply  line 

portion  of  the  trailer  test  rig  (Figure  1).  If  the  vehi- 
cle is  designed  to  tow  a  vehicle  equipped  with  air 
brakes,  a  50  cubic  inch  test  reservoir  is  connected 
to  the  rear  supply  line  coupling.  (56  F.R. 
26927— June  12,  1991.  Effective:  December  9,  1991).! 

[S5.6.6  Accumulation  of  actuation  energy.  Ef- 
fective December  9,  1991,  each  parking  brake 
system  shall  meet  the  requirements  specified  in 
S5.6.6.1  through  S5.6.6.6. 

[S5.6.6.1  For  trucks  and  buses,  with  initial  con- 
ditions as  specified  in  S5.6.6.2,  the  parking  brake 
system  shall  be  capable  of  meeting  the  minimum 
performance  specified  either  in  S5.6.1  or  S5.6.2, 
with  any  single  leakage-type  failure,  in  any  other 
brake  system,  of  a  part  designed  to  contain  com- 
pressed air  or  brake  fluid  (excluding  failure  of  a 
component  of  a  brake  chamber  housing  but  in- 
cluding failure  of  any  brake  chamber  diaphragm 
that  is  part  of  any  other  brake  system  including  a 
diaphragm  which  is  common  to  the  parking  brake 
system  and  any  other  brake  system),  at  the  conclu- 
sion of  the  test  sequence  specified  in  S5.6.6.3. 

j\  [S5.6.6.2    The  initial  conditions  for  S5.6.6.1  are 

'  as  follows.  The  engine  is  on.  The  reservoir  system 


pressure  is  100  psi.  If  the  vehicle  is  designed  to  tow 
a  vehicle  equipped  with  air  brakes,  a  50  cubic  inch 
test  reservoir  is  connected  to  the  supply  line 
coupling. 

[S5.6.6.3  The  test  sequence  for  S5.6.6.1  is  as 
follows.  The  engine  is  turned  off.  Any  single 
leakage  type  failure,  in  any  other  brake  system,  of 
a  part  designed  to  contain  compressed  air  or  brake 
fluid  (excluding  failure  of  a  component  of  a  brake 
chamber  housing  but  including  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake 
system  including  a  diaphragm  which  is  common  to 
the  parking  brake  system  and  any  other  brake 
system),  is  then  introduced  in  the  brake  system. 
An  application  actuation  of  the  parking  brake 
control  is  then  made.  Thirty  seconds  after  such  ac- 
tuation, a  release  actuation  of  the  parking  brake 
control  is  made.  Thirty  seconds  after  the  release 
actuation,  a  final  application  actuation  of  the  park- 
ing brake  control  is  made. 

[S5.6.6.4  For  trailers,  with  initial  conditions  as 
specified  in  S5.6.6.5,  the  parking  brake  system 
shall  be  capable  of  meeting  the  minimum  perfor- 
mance specified  either  in  S5.6.1  or  S5.6.2,  with  any 
single  leakage-type  failure,  in  any  other  brake 
system,  of  a  part  designed  to  contain  compressed 
air  or  brake  fluid  (excluding  failure  of  any  brake 
chamber  diaphragm  that  is  part  of  any  other  brake 
system  including  a  diaphragm  which  is  common  to 
the  parking  brake  system  and  any  other  brake 
system),  at  the  conclusion  of  the  test  sequence 
specified  in  S5.6.6.6. 

[S5.6.6.5  The  initial  conditions  for  S5.6.6.4  are 
as  follows.  The  reservoir  system  and  supply  line 
are  pressurized  to  100  psi,  using  the  supply  line 
portion  of  the  trailer  test  rig  (Figure  1).  If  the  vehi- 
cle is  designed  to  tow  a  vehicle  equipped  with  air 
brakes,  a  50  cubic  inch  test  reservoir  is  connected 
to  the  rear  supply  line  coupling. 

[S5.6.6.6  The  test  sequence  for  S5.6.6.4  is  as 
follows.  Any  single  leakage  type  failure,  in  any 
other  brake  system,  of  a  part  designed  to  contain 
compressed  air  or  brake  fluid  (excluding  failure  of 
a  component  of  a  brake  chamber  housing  but  in- 
cluding failure  of  any  brake  chamber  diaphragm 
that  is  part  of  any  other  brake  system  including  a 
diaphragm  which  is  common  to  the  parking  system 
and  any  other  brake  system),  is  introduced  in  the 
brake  system.  The  front  supply  line  coupling  is 
vented  to  the  atmosphere.  Thirty  seconds  after  the 
initiation  of  such  venting,  the  supply  line  is 
repressurized  with  the  trailer  test  rig  (Figure  1). 


PART  571;  S121- 


Thirty  seconds  after  the  initiation  of  such 
repressurizing  of  the  supply  line,  the  front  supply 
line  is  vented  to  the  atmosphere.  This  procedure  is 
conducted  either  by  connection  and  disconnection 
of  the  supply  line  coupling  or  by  use  of  a  valve  in- 
stalled in  the  supply  line  portion  of  the  trailer  test 
rig  near  the  supply  line  coupling.  (56  F.R. 
26927— June  12,  1991.  Effective:  December  9,  1991).! 

S5.7  Emergency  brake  system— trucks  and 
buses.  Each  vehicle  shall  be  equipped  with  an 
emergency  brake  system  which,  under  the  condi- 
tions of  S6.1,  conforms  to  the  requirements  of 
S5.7.1  through  S5.7.3.  However,  the  truck  portion 
of  an  auto  transporter  need  not  meet  the  road  test 
requirements  of  S5.7.1  and  S5.7.3. 

55.7.1  Emergency   brake   system    performance. 

When  stopped  six  times  for  each  combination  of 
weight  and  speed  specified  in  S5.3.1.1  on  a  road 
surface  with  a  skid  number  of  81,  with  a  single 
failure  in  the  service  brake  system  of  a  part 
designed  to  contain  compressed  air  or  brake  fluid 
(except  failure  of  a  common  valve,  manifold  brake 
fluid  housing,  or  brake  chamber  housing),  the  vehi- 
cle shall  stop  at  least  once  in  not  more  than  the 
distance  specified  in  Column  3  of  Table  II, 
measured  from  the  point  at  which  movement  of  the 
service  brake  control  begins,  without  any  part  of 
the  vehicle  leaving  the  roadway,  except  that  a 
truck-tractor  tested  at  its  unloaded  vehicle  weight 
plus  500  pounds  shall  stop  at  least  once  in  not  more 
than  the  distance  specified  in  Column  4  of  Table  II. 

55.7.2  Emergency  brake  system  operation.  The 

emergency  brake  system  shall  be  applied  and 
released,  and  be  capable  of  modulation,  by  means 
of  the  service  brake  control. 

55.7.3  Towing  vehicle  emergency  brake  require- 
ments. In  addition  to  meeting  the  other  re- 
quirements of  S5.7,  a  vehicle  designed  to  tow 
another  vehicle  equipped  with  air  brakes  shall— 

(a)  In  the  case  of  a  truck-tractor  in  the  unloaded 
condition  and  a  single  unit  truck  which  is  capable 
of  towing  an  air-brake  equipped  vehicle  and  is 
loaded  to  gross  vehicle  weight  rating,  be  capable  of 
meeting  the  requirements  of  S5.7.1  by  operation  of 
the  service  brake  control  only,  with  the  trailer  air 
supply  line  and  air  control  line  from  the  towing 
vehicle  vented  to  the  atmosphere  in  accordance 
with  S6.1.14; 

(b)  In  the  case  of  a  truck-tractor  loaded  to  gross 
vehicle  weight  rating,  be  capable  of  meeting  S5.7.1 


by  operation  of  the  service  brake  control  only,  with  ^ 
the  air  control  line  from  the  towing  vehicle  vented  R 
to  the  atmosphere  in  accordance  with  S6.1.14;  and 
(c)  Be  capable  of  modulating  the  air  in  the  supply 
or  control  line  to  the  trailer  by  means  of  the  service 
brake  control  with  a  single  failure  in  the  towing 
vehicle  service  brake  system  as  specified  in  S 5. 7.1. 

[S5.8  Trailer  pneumatic  system  failure  perfor- 
mance. Each  trailer  shall  meet  the  requirements 
of  S5.8.1  through  S5.8.3.  (56  F.R.  50666— October  8, 
1991.  Effective:  October  8,  1992.  Optional  compliance 
November  7,  1991)1 

[S5.8.1  Emergency  braking  capability.  Each 
trailer  other  than  a  trailer  converter  dolly  shall 
have  a  parking  brake  system  that  conforms  to  S5.6 
and  that  applies  with  the  force  specified  in  S5.6.1 
or  S5.6.2  when  the  air  pressure  in  the  supply  line  is 
at  atmospheric  pressure.  A  trailer  converter  dolly 
shall  have,  at  the  manufacturer's  option— 

(a)  A  parking  brake  system  that  conforms  to 
S5.6  and  that  applies  with  the  force  specified  in 
S5.6.1  or  S5.6.2  when  the  air  pressure  in  the  sup- 
ply line  is  at  atmospheric  pressure,  or 

(b)  An  emergency  system  that  automatically  ap- 
plies the  service  brakes  when  the  service  reservoir  ^ 
is  at  any  pressure  above  20  Ib/in^  and  the  supply  \ 
line  is  at  atmospheric  pressure.  However,  any 
agricultural  commodity  trailer,  heavy  hauler 
trailer,  or  pulpwood  trailer  shall  meet  the  re- 
quirements of  S5.8.1  or,  at  the  option  of  the 
manufacturer,  the  requirements  of  §393.43  of  this 

title.  (56  F.R.  50666— October  8,  1991.  Effective:  Oc- 
tober 8, 1992.  Optional  compliance  November  7, 1991)1 

[S5.8.2  Supply  line  pressure  retention.  Effec- 
tive October  8,  1992,  or  at  the  manufacturer's  op- 
tion effective  November  7,  1991,  any  single 
leakage  type  failure  in  the  service  brake  system 
(except  for  a  failure  of  the  supply  line,  a  valve 
directly  connected  to  the  supply  line  or  a  compo- 
nent of  a  brake  chamber  housing)  shall  not  result  in 
the  pressure  in  the  supply  line  falling  below  70 
p.s.i.,  measured  at  the  forward  trailer  supply 
coupling.  A  trailer  shall  meet  the  above  supply  line 
pressure  retention  requirement  with  its  brake 
system  connected  to  the  trailer  test  rig  shown  in 
Figure  1,  with  the  reservoirs  of  the  trailer  and  test 
rig  initially  pressurized  to  100  p.s.i.,  and  the 
regulator  of  the  trailer  test  rig  set  at  100  p.s.i. 

[S5.8.3     Automatic    application    of    parking 
brakes.    Effective   October  8,    1992,   or  at  the        f 
manufacturer's  option  effective  November  7, 1991, 


(Rev.  10/8/91) 


PART  571;  S121-10 


with  an  initial  reservoir  system  pressure  of  100 
p.s.i.  and  initial  supply  line  pressure  of  100  p.s.i., 
and  if  designed  to  tow  a  vehicle  equipped  with  air 
brakes,  with  a  50  cubic  inch  test  reservoir  con- 
nected to  the  rear  supply  line  coupling,  and  with 
any  subsequent  single  leakage  type  failure  in  any 
other  brake  system,  of  a  part  designed  to  contain 
compressed  air  or  brake  fluid  (excluding  failure  of 
a  component  of  a  brake  chamber  housing  but  in- 
cluding failure  of  any  diaphragm  of  a  brake 
chamber  which  is  common  to  the  parking  brake 
system  and  any  other  brake  system),  the  parking 
brakes  shall  not  provide  any  brake  retardation  as  a 
result  of  complete  or  partial  automatic  application 
of  the  parking  brakes.  (56  F.R.  50666— October  8, 
1991.  Effective:  October  8,  1992.  Optional  compliance 
November  7,  1991)1 

S6.  Conditions.  The  requirements  of  S5  shall 
be  met  by  a  vehicle  when  it  is  tested  according  to 
the  conditions  set  forth  below,  without  replacing 
any  brake  system  part  or  making  any  adjustments 
to  the  brake  system  except  as  specified.  Unless 
otherwise  specified,  where  a  range  of  conditions  is 
specified,  the  vehicle  must  be  capable  of  meeting 
the  requirements  at  all  points  within  the  range.  On 
vehicles  equipped  with  automatic  brake  adjusters, 
the  automatic  brake  adjusters  must  remain  ac- 
tivated at  all  times.  Compliance  of  vehicles  manu- 
factured in  two  or  more  stages  may,  at  the  option 
of  the  final-stage  manufacturer,  be  demonstrated 
to  comply  with  this  standard  by  adherence  to  the 
instructions  of  the  incomplete  vehicle  manufac- 
turer provided  with  the  vehicle  in  accordance  with 
§  568.4(a)(7Xii)  and  §  568.5  of  title  49  of  the  Code  of 
Federal  Regulations. 

S6.1     Road  test  condition. 

56.1.1  Except  as  otherwise  specified,  the  vehi- 
cle is  loaded  to  its  gross  vehicle  weight  rating, 
distributed  proportionally  to  its  gross  axle  weight 
ratings.  During  the  burnish  procedure  specified  in 
S6.1.8,  truck  tractors  shall  be  loaded  to  their 
GVWR,  by  coupling  them  to  an  unbraked  flatbed 
semitrailer,  which  semitrailer  shall  be  loaded  so 
that  the  weight  of  the  tractor-trailer  combination 
equals  the  GVMR  of  the  truck  tractor.  The  load  on 
the  unbraked  flatbed  semitrailer  shall  be  located  so 
that  truck  tractor's  wheels  do  not  lock  during 
burnish. 

56.1.2  The  inflation  pressure  is  as  specified  by 
the  vehicle  manufacturer  for  the  gross  vehicle 
weight  rating. 


56.1 .3  Unless  otherwise  specified,  the  transmis- 
sion selector  control  is  in  neutral  or  the  clutch  is 
disengaged  during  all  decelerations  and  during 
static  parking  brake  tests. 

56.1.4  All  vehicle  openings  (doors,  windows, 
hood,  trunk,  cargo  doors,  etc.)  are  in  a  closed  position 
except  as  required  for  instrumentation  purposes. 

56.1.5  The  ambient  temperature  is  between 
32°F  and  100°F. 

56.1.6  The  wind  velocity  is  zero. 

56.1.7  Unless  otherwise  specified,  stopping 
tests  are  conducted  on  a  12-foot  wide,  level, 
straight  roadway  having  a  skid  number  of  81,  in- 
clusive, chosen  at  the  option  of  the  manufacturer. 
The  vehicle  is  aligned  in  the  center  of  the  roadway 
at  the  beginning  of  the  stop. 

56.1 .8  The  brakes  are  burnished  before  testing 
in  accordance  with  S6. 1.8.1.  However,  for  vehicles 
with  parking  brake  systems  not  utilizing  the 
service  brake  friction  elements,  burnish  the  fric- 
tion elements  of  such  systems  prior  to  the  parking 
brake  test  according  to  the  manufacturer's 
recommendations. 

S6.1.8.1  I  Vehicles  manufactured  before  Sep- 
tember 1,  1993  may  be  burnished  according  to  the 
procedures  set  forth  in  S6. 1.8. 1(a)  or  S6. 1.8. 1(b)  of 
this  section,  at  the  manufacturers  option.  Vehicles 
manufactured  on  or  after  September  1,  1993  shall 
be  burnished  according  to  the  procedures  set  forth 
in  S6. 1.8. 1(b)  of  this  section. 

(a)  With  the  transmission  in  the  highest  gear  ap- 
propriate for  the  series  given  in  Table  IV,  make 
500  brake  applications  at  a  deceleration  rate  of  10 
fsps,  or  at  the  vehicle's  maximum  deceleration 
rate,  if  not  less  than  10  fsps,  in  the  sequence 
specified.  Except  where  an  adjustment  is  specified, 
after  each  brake  application  accelerate  to  the  next 
speed  specified  and  maintain  that  speed  until  mak- 
ing the  next  brake  application  at  a  point  1  mile 
from  the  initial  point  of  the  previous  brake  applica- 

Table  IV 


Snubs 


Snub  conditions 

(highest  speed 

indicated) 


175 
25 
25 
25 

250 


40  to  20  mph. 
45  to  20  mph. 
50  to  20  mph. 
55  to  20  mph. 
60  to  20  mph. 


(Rev.  6/12/91) 


PART  571;  S121-11 


tion.  If  a  vehicle  cannot  attain  any  speed  specified 
in  1  mile,  continue  to  accelerate  until  the  specified 
speed  is  reached  or  until  the  vehicle  has  traveled 
1.5  miles  from  the  initial  point  of  the  previous 
brake  application,  whichever  occurs  first.  If  during 
any  of  the  brake  applications  specified  in  Table  IV 
the  hottest  brake  reaches  550°  F,  make  the  re- 
mainder of  the  500  brake  applications  from  that 
snub  condition,  except  that  a  higher  or  lower  snub 
condition  shall  be  used  as  necessary  to  maintain  an 
after-stop  temperature  of  500°  F  +  50°  F. 
However,  if  at  a  snub  condition  of  40  to  20  mph, 
the  temperature  of  the  hottest  brake  exceeds 
550°  F,  make  the  remainder  of  the  500  brake  ap- 
plications from  that  snub  condition,  without  regard 
to  brake  temperature.  The  brakes  shall  be  adjusted 
three  times  during  the  burnish  procedure,  after 
125,  250,  and  375  snubs  and  after  completing  this 
burnish,  with  each  adjustment  made  in  accordance 
with  the  manufacturer's  recommendations.  Any 
automatic  pressure  limiting  valve  is  in  use  to  limit 
pressure  as  designed,  except  that  any  automatic 
front  axle  pressure  limiting  valve  is  bypassed  if  the 
temperature  of  the  hottest  brake  on  a  rear  axle  ex- 
ceeds the  temperature  of  the  hottest  brake  on  a 
front  axle  by  more  than  125°  F.  A  bypassed  valve 
is  reconnected  if  the  temperature  of  the  hottest 
brake  on  a  front  axle  exceeds  the  temperature  of 
the  hottest  brake  on  a  rear  axle  by  100°  F  or  more. 

(b)  With  the  transmission  in  the  highest  gear  ap- 
propriate for  a  speed  of  40  mph,  make  500  snubs 
between  40  mph  and  20  mph  at  a  deceleration  rate 
of  10  fsps,  or  at  the  vehicle's  maximum  decelara- 
tion  rate  if  less  than  10  fsps.  Except  where  an  ad- 
justment is  specified,  after  each  brake  application 
accelerate  to  40  mph  and  maintain  that  speed  until 
making  the  next  brake  application  at  a  point  1  mile 
from  the  initial  point  of  the  previous  brake  applica- 
tion. If  the  vehicle  cannot  attain  a  speed  of  40  mph 
in  1  mile,  continued  to  acclerate  until  the  vehicle 
reaches  40  mph  or  until  the  vehicle  has  traveled  1.5 
miles  from  the  initial  point  of  the  previous  brake 
application,  whichever  occurs  first.  Any  automatic 
pressure  limiting  valve  is  in  use  to  limit  pressure  as 
designed.  The  brakes  shall  be  adjusted  three  times 
during  the  burnish  procedure,  in  accordance  with 
the  manufacturer's  recommendations,  after  125, 
250,  and  375  snubs,  and  shall  be  adjusted  after 
burnish  in  accordance  with  the  manufacturer's 
recommendations.]  (53  F.R.  8190— March  14,  1988. 
Effective:  September  11.  1988). 

S6.1.9  Static  parking  brake  tests  for  a  semi- 
trailer are  conducted  with  the  front  end  supported 


by  an  unbraked  dolly.  The  weight  of  the  dolly  is  in- 
cluded as  part  of  the  trailer  load. 

S6.1.10  In  a  test  other  than  a  static  parking 
brake  test,  a  truck-tractor  is  tested  at  its  gross 
vehicle  weight  rating  by  coupling  it  to  a  flatbed 
semitrailer  (hereafter,  control  trailer)  as  specified 
in  S6.1.10.1  to  S6.1.10.7. 

56.1.10.1  The  control  trailer  conforms  to  this 
standard. 

56.1 .1 0.2  The  center  of  gravity  of  the  loaded  con- 
trol trailer  is  on  the  trailer's  longitudinal  centerline 
at  a  height  of  66  +  3  in.  above  the  ground. 

56.1.10.3  For  a  truck-tractor  with  a  rear  axle 
gross  axle  weight  rating  of  26,000  lb  or  less,  the 
control  trailer  has  a  single  axle  with  a  gross  axle 
weight  rating  of  18,000  lb  and  a  length,  measured 
from  the  transverse  centerline  of  the  axle  to  the 
centerline  of  the  kingpin,  of  258  ±6  in. 

56.1.10.4  For  a  truck-tractor  with  a  total  rear 
axle  gross  axle  weight  rating  of  more  than  26,000 
lb  the  control  trailer  has  a  tandem  axle  with  a  com- 
bined gross  axle  weight  rating  of  32,000  lb  and  a 
length,  measured  from  the  transverse  centerHne 
between  the  axles  to  the  centerline  of  the  kingpin, 
of  390  ±6  in. 

56.1 .1 0.5  The  control  trailer  is  loaded  so  that  its 
axle  is  loaded  to  its  gross  axle  weight  rating  and 
the  tractor  is  loaded  to  its  gross  vehicle  weight 
rating,  with  the  tractor's  fifth  wheel  adjusted  so 
that  the  load  on  each  axle  measured  at  the  tire- 
ground  interface  is  most  nearly  proportional  to  the 
axles'  respective  gross  axle  weight  ratings. 

56.1.10.6  Test    equipment    specification.    The 

control  trailer's  service  brakes  are  capable  of  stop- 
ping the  combination  from  the  maximum,  speed  at 
which  the  tractor  is  tested,  under  the  conditions  of 
S6.1,  without  assistance  from  the  tractor  brakes, 
in  the  distance  found  by  multiplying  the  value  68, 
90,  115,  143,  174,  208,  or  245  (corresponding  to  a 
speed  of  30,  35,  40,  45,  50,  55,  or  60  mph  as  ap- 
propriate for  the  truck-tractor  tested)  by  the  ratio: 

weight  on  all  axles  of  combination 
weight  on  trailer  axles 

with  the  tractor's  fifth  wheel  adjusted  as  specified 
in  S6.1.10.5,  the  trailer  service  reservoirs 
pressurized  to  100  Ib./in.^,  and  the  trailer  loaded  so 
that  its  axle  is  at  gross  axle  weight  rating  and  its 
kingpin  is  at  empty  vehicle  weight.  The  stopping 


PART  571;  S121-12 


distance  is  measured  from  the  point  at  which 
movement  of  the  valve  controlling  the  trailer 
brakes  begins.  The  service  brake  chambers  on  the 
trailer  reach  60  Ib./in.^  in  not  less  than  0.20  second 
and  not  more  than  0.30  second,  measured  from  the 
instant  at  which  movement  of  the  valve  controlling 
the  trailer  brakes  begins. 

S6.1.10.7    Test    equipment    specification.    The 

control  trailer's  emergency  brakes  are  capable  of 
stopping  the  combination  under  the  conditions  of 
S6.1  from  the  maximum  speed  at  which  the  tractor 
is  tested,  without  assistance  from  the  tractor's 
brakes,  in  the  distance  found  by  multiplying  the 
emergency  brake  stopping  distance  in  column  3  of 
Table  II  by  the  ratio: 

weight  on  all  axles  of  combination 
weight  on  trailer  axles 

with  the  combination  loaded  in  accordance  with 
S6.1.10.5.  Stopping  distance  is  measured  from  the 
point  at  which  movement  of  the  valve  controlling 
the  trailer  brakes  begins.  In  the  case  of  control 
trailers  that  utilize  parking  brakes  for  emergency 
stopping  capability,  the  pressure  in  the  trailer's 
spring  parking  brake  chambers  falls  from  95 
lb. /in. 2  to  5  lb./in.2  in  not  less  than  0.50  second  and 
not  more  than  0.60  second,  measured  from  the  in- 
stant at  which  movement  of  the  valve  controlling 
the  trailer's  spring  parking  brakes  begins. 

56.1.11  Special  drive  conditions.  A  vehicle 
equipped  with  an  interlocking  axle  system  of  a 
front  wheel  drive  system  that  is  engaged  and 
disengaged  by  the  driver  is  tested  with  the  system 
disengaged. 

56.1 .1 2  Lit  table  axles.  A  vehicle  with  a  lif  table 
axle  is  tested  at  gross  vehicle  weight  rating  with 
the  liftable  axle  down  and  at  unloaded  vehicle 
weight  with  the  liftable  axle  up. 

56.1.13  [Trailer  test  rig.  The  trailer  test  rig 
shown  in  Figure  1  is  calibrated  in  accordance  with 
the  calibration  curves  shown  in  Figure  3.  For  the 
requirements  of  S5.3.3.1  and  S5.3.4.1,  the 
pressure  in  the  trailer  test  rig  reservoir  is  initially 
set  at  100  p.s.i.  for  actuation  tests  and  95  p.s.i.  for 
release  tests. 

(b)  The  trailer  test  rig  shown  in  Figure  1(a)  is 
capable  of  increasing  the  pressure  in  a  50  cubic 
inch  reservoir  from  atmospheric  to  60  Ib/in^  in  0.06 
second,  measured  from  the  first  movement  of  the 
service  brake  control  to  apply  service  brake 
pressure  and  of  releasing  pressure  in  such  a  reser- 


voir from  95  to  5  Ib/in^  in  0.22  second  measured 
from  the  first  movement  of  the  service  brake  con- 
trol to  release  service  brake  pressure.  (54  F.R. 
18890— May  3,  1989.  Effective:  June  2,  1989)1 

S6.1.14  In  testing  the  emergency  braking 
system  of  towing  vehicles  under  S5.7.3(a)  and 
S5.7.3(b)  the  hose(s)  is  vented  to  the  atmosphere  at 
any  time  not  less  than  1  second  and  not  more  than 
1  minute  before  the  emergency  stop  begins,  while 
the  vehicle  is  moving  at  the  speed  from  which  the 
stop  is  to  be  made  and  any  manual  control  for  the 
towing  vehicle  protection  system  is  in  the  position 
to  supply  air  and  brake  control  signals  to  the  vehi- 
cle being  towed.  No  brake  application  is  made  from 
the  time  the  line(s)  is  vented  until  the  emergency 
stop  begins  and  no  manual  operation  of  the  park- 
ing brake  system  or  towing  vehicle  protection 
system  occurs  from  the  time  the  line(s)  is  vented 
until  the  stop  is  completed. 

S6.2     Dynamometer  test  conditions. 

56.2.1  The  dynamometer  inertia  for  each  wheel 
is  equivalent  to  the  load  on  the  wheel  with  the  axle 
loaded  to  its  gross  axle  weight  rating.  For  a  vehicle 
having  additional  gross  axle  weight  ratings 
specified  for  operation  at  reduced  speeds,  the 
GAWR  used  is  that  specified  for  a  speed  of  50  mph, 
or,  at  the  option  of  the  manufacturer,  any  speed 
greater  than  50  mph. 

56.2.2  The  ambient  temperature  is  between 
75°F  and  100°F. 

56.2.3  Air  at  ambient  temperature  is  directed 
uniformly  and  continuously  over  the  brake  drum  or 
disc  at  a  velocity  of  2,200  feet  per  minute. 

56.2.4  The  temperature  of  each  brake  is 
measured  by  a  single  plus  type  thermocouple  in- 
stalled in  the  center  of  the  lining  surface  of  the 
most  heavily  loaded  shoe  or  pad  as  shown  in  Figure 
2.  The  thermocouple  is  outside  any  center  groove. 

56.2.5  The  rate  of  brake  drum  or  disc  rotation 
on  a  dynamometer  corresponding  to  the  rate  of 
rotation  on  a  vehicle  at  a  given  speed  is  calculated 
by  assuming  a  tire  radius  equal  to  the  static  loaded 
radius  specified  by  the  tire  manufacturer. 

56.2.6  Brakes  are  burnished  before  testing  as 
follows:  Place  the  brake  assembly  on  an  inertia 
dynamometer  and  adjust  the  brake  as  recom- 
mended by  the  brake  manufacturer.  Make  200 
stops  from  40  mph  at  a  deceleration  of  10  fpsps, 
with  an  initial  brake  temperature  on  each  stop  of 


PART  571;  S  121-13 


not  less  than  315°F  and  not  more  than  385°F.  S6.2.7    The  brake  temperature  is  increased  to  a 

Make   200  additional   stops  from   40   mph  at  a  specified  level  by  conducting  one  or  more  stops 

deceleration  of  10   fpsps  with  an   initial  brake  from  40  mph  at  a  deceleration  of  10  fpsps.  The 

temperature  on  each  stop  of  not  less  than  450°F  brake  temperature  is  decreased  to  a  specified  level 

and  not  more  than  550°F.  The  brakes  shall  be  by  rotating  the  drum  or  disc  at  a  constant  30  mph. 
adjusted  three  times  during  the  burnish  procedure, 
after  100,  200,  and  300  stops,  and  at  the  conclusion 

of  the  burnishing,  in  accordance  with  the  manu-  36  f.R   3817 

facturer's  recommendations.  February  27    1971 


PART  571;  S121-14 


DEPTH  BEFORE  GRIND 

I 

0010II02I  RECESS 


DIMENSIONS  ARE  IN  (mm) 

Figure  1.— Trailer  Test  Rig. 
(56  F.R.  50666— October  8,  1991. 


TRACTOR  PROTECTION  VALVE 

(OPTIONAL) 

SUPPLY  COUPLING  -^ 


CONTROL  COUPLING    ^^ 


SERVICE  BRAKE  PEDAL 


Figure  1a.— Trailer  Test  Rig 

PART  571;  S121-Art  Page  1 


r 


3/8"  I.D.  Line 


30'-3/8"  I.D.  Line 
Straight  or  Coiled) 


Control 
Valve 

QRV 


Control  Line 
Glad  Hand 


Shop  Air 


30'-3/8"  I.D.  Line   (Straight  or  Coiled) 


|_Su 


pply  Line 
Glad  Hand 

SV      -Shut-off  Valve 

R        -  Regulator  (set  at  100  psi  for  service  brake  actuation  tests; 
95  psi  for  service  brake  release  tests; 

100  psi  for  parking  brake  tests  in  S5.6.3.3,  S5.6.3.4,  S5.6.5.4,  and  S5.6.6.5, 
and  for  the  supply  line  pressure  retention  test  in  S5.8.2;  and  any 
pressure  above  70  psi  for  parking  brake  test  in  S5.6.5.3.) 

CV     -Check  Valve 

MV     -  Metering  Valve  (Variable  or  Fixed) 

QRV  -  Quick  Release  Valve 


Figure  2.— Thermocouple  Installation 


(Pressure  vs  Time  lor 
-  Initial  Valve  Movement  &  Release  50  in'  Test  Reservoir) 


0.2  0.3  0.4  0.5  0.6 

Time  (Sec.)  Irom  Initial  Valve  Movement 

Figure  3.— Calibration  Curves 


PART  571;  S121-Art  Page  2 


PREAMBLE  TO  AN  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  123 

Motorcycle  Controls  and  Displays 

(Docket  No.  91-13;  Notice  2) 
RIN:  2127-AD85 


ACTION:    Final  rule. 

SUMMARY:  This  final  rule  amends  Federal  Motor 
Vehicle  Safety  Standard  No.  123,  Motorcycle  controls 
and  displays,  by  removing  restrictions  on  the  orienta- 
tion of  the  axis  of  rotation  for  manual  fuel  shutoff 
controls  on  motorcycles.  This  final  rule  makes  no 
change  in  the  existing  requirement  that  the  controls 
operate  by  being  rotated.  It  also  makes  no  change  in 
the  existing  requirement  that  the  control  positions 
("On,"  "Off,"  and  if  provided,  "Reserve")  be  separ- 
ated by  90  degrees  of  rotation.  However,  it  does 
eliminate  other  restrictions  on  the  location  of  those 
control  positions.  This  final  rule  will  provide  manufac- 
turers with  additional  design  flexibility  without  affect- 
ing safety. 

EFFECTIVE  DATE:     January  2,  1992. 

SUPPLEMENTARY  INFORMATION: 

Background 

Federal  Motor  Vehicle  Safety  Standard  No.  123, 
Motorcycle  Controls,  and  Displays,  (49  CFR  §  571.123) 
specifies  requirements  for  the  location,  operation,  iden- 
tification, and  illumination  of  motorcycle  controls  and 
displays.  Currently,  Table  1  of  Standard  No.  123  re- 
quires that  manual  fuel  shutoff  controls  on  motorcycles 
rotate  around  a  transverse  or  longitudinal  axis  and  that 
the  modes  of  operation  ("Off",  "On"  and,  if  provided, 
"Reserve  On")  be  identified  at  appropriate  points 
around  that  axis.  This  current  specification  is  a  result 
of  a  final  rule  published  on  September  7,  1984  (49  FR 
35380).  In  the  September  1984  final  rule,  the  agency 
determined  that  motor  vehicle  safety  was  best  served 
by  retaining  the  standardization  of  control  position 
relationships  while  amending  the  standard  to  allow 
manufacturers  to  place  the  control  so  that  it  may  oper- 
ate in  its  required  positions  around  either  a  longitudinal 
or  transverse  axis.  The  control  was  previously  required 
to  operate  around  a  transverse  axis. 

By  a  petition  dated  November  14,  1990,  the  Motor- 
cycle Industry  Council  (MIC)  petitioned  the  agency  to 
amend  Standard  No.  123  to  permit  the  manual  fuel 
shutoff  controls  on  motorcycles  to  rotate  around  any 


axis,  provided  that  the  relationship  of  the  control 
positions  (i.e  "On",  "Off",  and,  if  provided,  "Reserve") 
to  each  other  remained  the  same  as  required  by  the 
current  standard.  MIC  stated  as  its  rationale  for  the 
petition  that  the  mechanical  components  on  many  of 
today's  motorcycles  are  enclosed  in  streamlined  bodies. 
MIC  asserted  that  since  few  parts  of  streamlined  bodies 
follow  the  longitudinal  or  transverse  axes  of  the  motor- 
cycle, "special  provisions"  must  be  made  in  the  design 
of  the  body  in  order  to  comply  with  Standard  No.  123. 
MIC  stated  that  this  restricts  manufacturer's  freedom 
of  design.  On  March  1,  1991,  NHTSA  granted  MIC's 
petition. 

Notice  of  Proposed  Rulemaking 
and  Public  Comment 

Following  its  grant  of  MIC's  petition,  NHTSA 
published,  on  June  27,  1991  (56  FR  29451),  a  notice 
of  proposed  rulemaking  (NPRM)  that  proposed  to 
amend  Standard  No.  123  to  remove  restrictions  on  the 
orientation  of  the  axis  of  rotation  for  manual  fuel 
shutoff  controls  on  motorcycles.  In  the  NPRM,  NHTSA 
tentatively  concluded  that  there  is  no  safety-related 
justification  for  restricting  the  design  of  manual  fuel 
shutoff  controls  to  a  longitudinal  or  transverse  axis. 
Among  other  factors,  the  agency  noted  that  although 
the  axis  orientation  is  standardized,  there  is  no  loca- 
tion requirement  for  the  control  itself,  nor  a  require- 
ment that  the  control  even  be  provided. 

However,  the  agency  also  tentatively  concluded  that 
the  requirements  for  standardization  of  the  relation- 
ship between  the  control  positions  ("On",  "Off,"  and 
if  provided,  "Reserve")  are  a  necessary  crash 
avoidance  requirement.  This  is  because  standardization 
of  control  positions  enables  the  operator  to  use  the  con- 
trol without  taking  his  or  her  eyes  off  the  road.  The 
agency  therefore  proposed  to  retain  the  requirement 
that  the  control  operate  by  rotating.  NHTSA  further 
proposed  to  retain  the  requirement  that  the  "Off"  and 
"On"  positions  be  separated  by  90  degrees  of  rotation 
and  that  the  "Off"  and,  if  provided,  "Reserve" 
positions  be  separated  by  90  degrees  of  rotation.  The 
proposed  sequence  of  controls  was  "On"— "Off"— 
"Reserve". 


PART  571;  S123-PRE  15 


NHTSA  did  not  propose  to  adopt  MIC's  suggestion 
for  the  sequence  of  the  control  positions  because  the 
workabiHty  of  MIC's  sequence  was  premised  on  the 
existence  of  a  "Reserve"  position.  The  agency  stated 
that  although  it  was  not  aware  of  a  shutoff  control  that 
lacks  a  "Reserve"  position.  Standard  No.  123  does  not 
require  a  "Reserve"  position.  In  response  to  the 
NPRM,  the  agency  received  one  comment,  from  Ameri- 
can Honda  Motor  Company,  Inc.  Honda  wrote  in  favor 
of  the  added  design  flexibility  that  the  NPRM  would 
provide  and  agreed  with  NHTSA's  conclusion  that 
there  is  no  safety  need  to  require  that  manual  fuel 
shutoff  controls  operate  around  a  longitudinal  or 
transverse  axis. 

Final  Rule 
Since  the  public  comment  from  Honda  favored  the 
changes  proposed  in  the  notice  of  proposed  rulemak- 
ing and  the  agency  received  no  other  comment. 
NHTSA  adopts  as  final  the  tentative  conclusions  and 
proposed  regulatory  text  set  forth  in  the  NPRM. 

Effective  Date 

Because  this  final  rule  relieves  restrictions  and  is 

optional  in  nature,  the  agency  has  concluded  that  this 


rule  should  become  effective  sooner  than  180  days  after 
the  issuance  of  this  rule.  Therefore,  the  agency  finds 
for  good  cause  that  this  rule  should  become  effective 
30  days  after  it  is  published. 

In  consideration  of  the  foregoing,  49  CFR  571.123 
is  amended  as  follows: 

The  operation  requirements  for  the  manual  fuel 
shutoff  control  (item  7)  in  column  3  of  table  1  of  Stan- 
dard No.  123  is  revised  to  read  as  follows: 

Rotate  to  operate  "On"  and  "Off"  are  separated  by 
90  degrees  of  rotation  "Off  and  "Reserve"  (if  pro- 
vided) are  separated  by  90  degrees  of  rotation.  Se- 
quence order:  "On"— "Off— "Reserve". 


Issued  on  November  26,  1991. 


56  F.R.  61386 
December  3,  1991 


PART  571;  S123-PRE  16 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  123 
Motorcycle  Controls  and  Displays 

(Docket  No.  70-26;  Notice  3) 


51.  Scope.  This  standard  specifies  require- 
ments for  the  location,  operation,  identification, 
and  illumination  of  motorcycle  controls  and 
displays,  and  requirements  for  motorcycle  stands 
and  footrests. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
minimize  accidents  caused  by  operator  error  in 
responding  to  the  motoring  environment,  by  stand- 
ardizing certain  motorcycle  controls  and  displays. 

53.  Application.  This  standard  applies  to  motor- 
cycles equipped  with  handlebars,  except  for  motor- 
cycles that  are  designed,  and  sold  exclusively,  for 
use  by  law  enforcement  agencies. 

54.  Definitions.  "Clockwise"  and  "counter- 
clockwise" mean  opposing  directions  of  rotation 
around  following  axes,  as  applicable: 

(a)  The  operational  axis  of  the  ignition  control, 
viewed  from  in  front  of  the  ignition  lock  opening; 

(b)  The  axis  of  the  right  handlebar  on  which  the 
twist-grip  throttle  is  located,  viewed  from  the  end 
of  that  handlebar; 

(c)  The  axis  perpendicular  to  the  center  of  the 
speedometer,  viewed  from  the  operator's  normal 
eye  position. 

55.  Requirements. 

55.1  Each  motorcycle  shall  be  equipped  with  a 
supplemental  engine  stop  control,  located  and 
operable  as  specified  in  Table  I. 

55.2  Each  motorcycle  to  which  this  standard  ap- 
plies shall  meet  the  following  requirements: 

S5.2.1  Control  location  and  operation.  If  any 
item  of  equipment  listed  in  Table  1,  Column  1,  is 
provided,  the  control  for  such  item  shall  be  located 
as  specified  in  Column  2,  and  operable  as  specified 
in  Column  3.  Each  control  located  on  a  right 
handlebar  shall  be  operable  by  the  operator's  right 
hand  throughout  its  full  range  without  removal  of 
the  operator's  right  hand  from  the  throttle.  Each 


control  located  on  a  left  handlebar  shall  be 
operable  by  the  operator's  left  hand  throughout  its 
full  range  without  removal  of  the  operator's  left 
hand  from  the  handgrip.  If  a  motorcycle  with  an 
automatic  clutch  is  equipped  with  a  supplemental 
rear  brake  control,  the  control  shall  be  located  on 
the  left  handlebar.  If  a  motorcycle  is  equipped  with 
self-proportioning  or  anti-lock  braking  devices 
utilizing  a  single  control  for  front  and  rear  brakes, 
the  control  shall  be  located  and  operable  in  the 
same  manner  as  a  rear  brake  control. 

55.2.2  Display  illumination  and  operation.  If  an 
item  of  equipment  listed  in  Table  2,  Column  1,  is 
provided,  the  display  for  such  item  shall  be  visible 
to  a  seated  operator  under  daylight  conditions, 
shall  illuminate  as  specified  in  column  2,  and  shall 
operate  as  specified  in  Column  3. 

85.2.3  Control  and  display  Identification.  (If  an 
item  of  equipment  listed  in  Table  3,  Column  1,  is 
provided,  the  item  and  its  operational  function 
shall  be  identified  by; 

(a)  A  symbol  substantially  in  the  form  shown  in 
Column  3;  or 

(b)  Wording  shown  in  both  Column  2  and  Col- 
umn 4;  or 

(c)  A  symbol  substantially  in  the  form  shown  in 
Column  3  and  wording  shown  in  both  Column  2 
and  Column  4. 

The  abbreviations  "M.P.H.",  "r/min",  "Hi", 
"Lo",  "L",  "R",  and  "Res"  appearing  in  Column 
2  and  Column  4  may  be  spelled  in  full.  Symbols  and 
words  may  be  provided  for  equipment  items  where 
none  are  shown  in  Column  2,  Column  3,  and  Col- 
umn 4.  Any  identification  provided  shall  be  placed 
on  or  adjacent  to  the  control  or  display  position, 
and  shall  appear  upright  to  the  operator.  (49  F.R. 
35503-September  10,  1984.  Effective:  October  11, 
1984)1 

Control  positions  shall  be  identified  as  speci- 
fied in  Column  3,   to  signify  the  function  per- 


(Rev.  9/10/84) 


PART  571;  S  123-1 


formed  at  that  setting.  The  abbreviations  used  in 
Columns  2  and  3  are  minimum  requirements  and 
appropriate  words  may  be  spelled  in  full.  Iden- 
tification shall  appear  to  the  operator  in  an  upright 
position. 

Functional  identification  need  not  be  provided 
for  equipment  items  with  no  entry  in  Column  3. 


55.2.4  Stands.  A  stand  shall  fold  rearward  and 
upward  if  it  contacts  the  ground  when  the  motor- 
cycle is  moving  forward. 

55.2.5  Footrests.  Footrests  shall  be  provided  for 
each  designated  seating  position.  Each  footrest  for 
a  passenger  other  than  an  operator  shall  fold  rear- 
ward and  upward  when  not  in  use. 


Table  1.— Motorcycle  Control  Location  and  Operation  Requirements 


Equipment  Control 

Location 

Operation 

Column  1 

1.  Manual  clutch  or  integrated 
clutch  and  gear  change 

Column  2 
Left  handlebar 

Column  3 
Squeeze  to  disengage  clutch. 

2.  Foot  operated  gear  change 

Left  foot  control 

An  upward  motion  of  the  operator's  toe  shift  transmission 
toward  lower  numerical  gear  ratios  (commonly  referred  to 
as  "higher  gears"),  and  a  downward  motion  toward  higher 
numerical  gear  ratios  (commonly  referred  to  as  "lower 
gears").  If  three  or  more  gears  are  provided  it  shall  not  be 
possible  to  shift  from  the  highest  gear  directly  to  the  lowest 
gear,  or  vice  versa. 

3.  Headlamp  upper-lower  beam 

Left  handlebar 

Up  for  upper  beam,  down  for  lower  beam.  If  combined  with 
the  headlight  on-off  switch,  means  shall  be  provided  to  pre- 
vent inadvertent  actuation  of  the  "off"  function. 

4.  Horn 

Left  handlebar 

Push  to  activate. 

5.  Turn  signal  lamps 

Handlebars 

6.  Ignition 

"Off— counterclockwise  from  other  positions. 

7.  Manual  fuel  shutoff  control 

IRotate  to  operate.  "On"  and  "OFF"  are  separated  by  90 
degrees  of  rotation.  "Off  and  "Reserve"  (if  provided)  are 
separated  by  90  degrees  of  rotation.  Sequence  order:  "On"- 
"Off'-'Reserve"  (56  F.R.  61386— December  3,  1991. 
Effective:  January  2,  1992)1 

8.  Twist-grip  throttle 

Right  handlebar 

Self-closing  to  idle  in  a  clockwise  direction  after  release 
of  hand. 

9.  Supplemental  engine  stop 

Right  handlebar 

10.  Front  wheel  brake 

Right  handlebar 

Squeeze  to  engage. 

11.  Rear  wheel  brakes 

Right  foot  control  ' 
Left  handlebar  per- 
missible for  motor- 
driven  cycles. 

Depress  to  engage. 

'  See  S5.2.1  for  requirements  for  vehicles  with 
rear  brake  control. 


single  control  for  front  and  rear  brakes,  and  with  a  supplemental 


Table  2.— Motorcycle  Display  Illumination  and  Operation  Requirements 


Display 

Illumination 

Operation 

Column  1 
1.  Speedometer 

Column  2 
Yes 

Column  3 

The    display    is    illuminated    whenever    the    headlamp    is 
activated. 

2.  Neutral  indication 

Green  display  lamp 

The    display    lamp    illuminates    when    the    gear    selector 
is  in  neutral  position. 

PART  571;  S  123-2 


Table  3 
Motorcycle  Control  and  Display  Identification  Requirements 


No. 

Column  1 

Column  2 

IColumn  3 

Column  4 

Equipment 

Control  and  Display 

Identification 

Word 

Control  and  Display 

Identification 

Symbol 

Identification  at 
Appropriate  Position 
of  Control  or  Display 

1 

Ignition 

Ignition 

Off 

2 

Supplemental  Engine 
Stop  (Off,  Run) 

Engine  Stop 

^  o 

Off,  Run 

3 

Manual  Choke  lor 
Mixture  Enrichment! 

Choke  |or 
EnrichenerJ 

vl 

4 

Electric  Starter 

0) 

Start^ 

5 

Headlamp  Upper-Lower 
Beam  Control 

Lights 

WD  to 

Hi,  Lo 

6 

Horn 

Horn 

kr 

7 

Turn  Signal 

Turn 

<>^: 

L,  R 

8 

Speedometer 

M.P.H. 

M.P.H.^ 

9 

Neutral  Indicator 

Neutral 

N 

10 

Upper  Beam  Indicator 

High  Beam 

ID' 

n 

Tachometer 

R.P.M. 

12 

Fuel  Tank  Shutoff  Valve 
I(Off,  On,  Res.)l 

Fuel 

•UU^ 

Off,  On,  Res.J 

^  Required  only  if  electric  starter  is  separate  from  ignition  switch. 

2  Framed  areas  may  be  filled. 

3  The  pair  of  arrows  is  a  single  symbol.  When  the  Indicators  for  left  and  right  turn 
two  arrows  will  be  considered  separate  symbols  and  may  be  spaced  accordingly. 

'♦  M.P.H.  increase  in  a  clockwise  direction.  Major  graduations  and  numerals  appear  at  10  mph  intervals,  minor 
graduations  at  the  5  mph  intervals.  (49  F.R.  35380— September  7,  1984.  Effective:  October  8,  1984) 


independently  however,  the 


(Rev.  9/7/84) 


PART  571;  S  123-3-4 


PREAMBLE  TO  AN  AMENDMENT  FEDERAL  MOTOR  VEHICLE 
SAFETY  STANDARD  NO.  205 


Glazing  Materials 
(Docket  No.  89-18;  Notice  6) 


ACTION:  Final  rule;  correction. 


SUMMARY:  In  March  and  April  1991,  this  agency 
published  two  separate  final  rules  amending  the  safety 
standard  on  glazing  materials.  This  notice  corrects 
errors  that  occurred  because  the  March  1991  amend- 
ments took  effect  after  the  April  1991  amendments. 

EFFECTIVE  DATE:  The  amendments  in  this  correc- 
tion notice  are  effective  September  27,  1991. 

SUPPLEMENTARY  INFORMATION: 

Background 

On  March  27, 1991  (56  FR  12669),  and  April  23, 1991 
(56  FR  18526),  the  agency  published  Federal  Register 
notices  amending  Federal  Motor  Vehicle  Safety  Stan- 
dard No.  205  Glazing  materials  (^9  CFR  §  571.205). 
The  March  1991  rule  permits  specimen  clamping  for 
Test  26,  one  of  the  tests  applicable  to  glass-plastic 
glazing.  The  April  1991  rule  creates  three  new  items 
of  glass-plastic  glazing.  The  amendments  were  written 
with  the  expectation  that  the  March  1991  notice  would 
be  published  sufficiently  before  the  April  notice  so  that 
the  amendments  in  the  former  notice  would  take  effect 
first.  The  fact  that  the  March  1991  amendments  did 
not  become  effective  until  September  23,  1991,  while 
the  April  1991  amendments  had  an  effective  date  of 
May  23,  1991,  has  caused  problems  in  the  addition  and 
removal  of  provisions  from  Standard  No.  205. 

Specifically,  the  juxtaposition  in  the  sequence  of  the 
effective  dates  of  the  two  notices  resulted,  effective 
September  23,  1991,  in  S5. 1.2.4  Item  14  Glass  Plas- 
tics making  reference  to  sections  of  Standard  No.  205 
that  were  removed  or  superseded  effective  May  23, 
1991,  and  placing  the  specimen  clamping  test  proce- 
dure for  Test  26  in  an  inappropriate  section.  This  notice 
corrects  S5. 1.2.4  so  that  it  now  refers  to  the  correct 
sections  of  Standard  No.  205  and  moves  the  clamping 
procedure  from  S5. 1.2.4  to  S5.1.2.9.  This  notice  also 
corrects  errors  in  the  list  of  applicable  tests  for 
S. 5. 1.2. 5  Item  15A  Annealed  Glass-Plastic  for  Use  in 
All  Positions  in  a  Vehicle  Except  the  Windshield. 

This  amendment  imposes  no  duties  or  responsibili- 
ties on  any  party,  nor  does  it  make  any  substantive 
changes  to  Standard  No.  205.  This  amendment  simply 


ensures  that  Standard  No.  205  reads  as  the  agency 
intended. 


follows: 
Glass-plastic  glaz- 


(1)  S5. 1.2.4  is  revised  to  read 

55.1.2.4  Item  U-Glass-Plastic 
ing  materials  that  comply  with  the  labeling  require- 
ments of  S5.1.2.10  and  Tests  Nos.  1,  2,  3,  4,  9,  12,  15, 
16,  17,  18,  19,  24,  26  and  28,  as  those  tests  are  modi- 
fied in  S5. 1.2.9  Test  Procedures  for  Glass-Plastics,  may 
be  used  anywhere  in  a  motor  vehicle,  except  that  it  may 
not  be  used  in  convertibles,  in  vehicles  that  have  no  roof 
or  in  vehicles  whose  roofs  are  completely  removable. 

(2)  S5. 1.2.5  is  correctly  revised  to  read  as  follows: 

55.1.2.5  Item  15A— Annealed  Glass-Plastic  for  Use 
in  All  Positions  in  a  Vehicle  Exceot  the  Windshield. 
Glass-plastic  glazing  materials  that  comply  with  Test 
Nos.  1,  2,  3,  4,  9,  12,  16, 17,  18,  19,  24,  and  28,  as  those 
tests  are  modified  in  S5.1.2.9  Test  Procedures  for 
Glass-Plastics,  may  be  used  anywhere  in  a  motor  vehi- 
cle except  the  vnndshield,  and  may  not  be  used  in 
covertibles,  in  vehicles  that  have  no  roof  or  in  vehicles 
whose  roofs  are  completely  removable. 

(3)  Paragraph  (e)  is  added  after  paragraph  (d)  of 
S5. 1.2.9  as  follows: 

(e)  The  glass-plastic  glazing  specimen  tested  in  ac- 
cordance with  Test  No.  26  shall  be  clamped  in  the  test 
fixture  in  Figure  1  of  this  standard  in  the  manner 
shown  in  that  figure.  The  clamping  gasket  shall  be 
made  of  rubber  3  millimeters  (mm)  thick  of  hardness 
50  IRHD  (International  Rubber  Hardness  Degrees), 
plus  or  minus  five  degrees.  Movement  of  the  test  speci- 
men, measured  after  the  test,  shall  not  exceed  2  mm 
at  any  point  along  the  inside  periphery  of  the  fixture. 
Movement  of  the  test  specimen  beyond  the  2  mm  limit 
shall  be  considered  an  incomplete  test,  not  a  test 
failure.  A  specimen  used  in  such  an  incomplete  test 
shall  not  be  retested. 


Issued  on:  September  23,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  49148 
September  27,  1991 


PART  571;  S205-PRE  51-52 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  205 


Glazing  Materials 


51.  Scope.  This  standard  specifies  re- 
quirements for  glazing  materials  for  use  in  motor 
vehicles  and  motor  vehicle  equipment. 

52.  Purpose.  The  purpose  of  this  standard  is  to 
reduce  injuries  resulting  from  impact  to  glazing  sur- 
faces, to  ensure  a  necessary  degree  of  transparency 
in  motor  vehicle  windows  for  driver  visibility,  and  to 
minimize  the  possibility  of  occupants  being  thrown 
through  the  vehicle  windows  in  collisions. 

53.  Application.  This  standard  applies  to 
glazing  materials  for  use  in  passenger  cars, 
multipurpose  passenger  vehicles,  trucks,  buses, 
motorcycles,  slide-in  campers,  and  pickup  covers 
designed  to  carry  persons  while  in  motion. 

54.  Definitions. 

Bullet  resistant  shield  means  a  shield  or  barrier 
that  is  installed  completely  inside  a  motor  vehicle 
behind  and  separate  from  glazing  materials  that  in- 
dependently comply  with  the  requirements  of  this 
standard. 

Camper  means  a  structure  designed  to  be 
mounted  in  the  cargo  area  of  a  truck,  or  attached 
to  an  incomplete  vehicle  with  motive  power,  for  the 
purpose  of  providing  shelter  for  persons. 

Motorhome  means  a  multipurpose  passenger 
vehicle  that  provides  living  accommodations  for 
persons. 

Pickup  cover  means  a  camper  having  a  roof  and 
sides  but  without  a  floor,  designed  to  be  mounted 
on  and  removable  from  the  cargo  area  of  a  truck  by 
the  user. 

Slide-in  camper  means  a  camper  having  a  roof, 
floor,  and  sides,  designed  to  be  mounted  on  and 
removable  from  the  cargo  area  of  a  truck  by  the 
user. 

Glass-plastic  glazing  material  means  a  laminate 
of  one  or  more  layers  of  glass  and  one  or  more 
layers  of  plastic  in  which  a  plastic  surface  of 


the  glazing  faces  inward  when  the  glazing  is  in- 
stalled in  a  vehicle. 

S5.     Requirements. 

S5.1     Materials. 

S5.1.1  Glazing  materials  for  use  in  motor 
vehicles,  except  as  otherwise  provided  in  this 
standard,  shall  conform  to  the  American  National 
Standard  "Safety  Code  for  Safety  Glazing 
Materials  for  Glazing  Motor  Vehicles  Operating  on 
Land  Highways,"  Z-26.1-1977,  January  26,  1977, 
as  supplemented  by  Z26.1a,  July  3,  1980 
(hereinafter  referred  to  as  "ANS  Z26").  However, 
Item  IIB  glazing  as  specified  in  that  standard  may 
not  be  used  in  motor  vehicles  at  levels  requisite  for 
driving  visibility,  and  Item  IIB  glazing  is  not  re- 
quired to  pass  Test  Nos.  17,  30,  and  31. 

S5.1.1.1  The  chemicals  specified  for  testing 
chemical  resistance  in  Tests  Nos.  19  and  20  of  ANS 
Z26  shall  be: 

(a)  One  percent  solution  of  nonabrasive  soap. 

(b)  Kerosene. 

(c)  Undiluted  denatured  alcohol,  Formula  SD 
No.  30  (1  part  100-percent  methyl  alcohol  in  10 
parts  190-proof  ethyl  alcohol  by  volume). 

(d)  [Gasoline,  ASTM  Reference  Fuel  C,  which  is 
composed  of  Isooctane  50  volume  percentage  and 
Toluene  50  volume  percentage.  Isooctane  must 
conform  to  A2.7  in  Annex  2  of  the  Motor  Fuels 
Section  of  the  1985  Annual  Book  of  ASTM 
Standards.  Vol.  05.04  and  Toluene  must  conform 
to  ASTM  specification  D362-84,  Standard 
Specification  for  Industrial  Grade  Toluene.  ASTM 
Reference  Fuel  C  must  be  used  as  specified  in: 

(1)  Paragraph  A2.3.2  and  A2.3.3  of  Annex  2  of 
Motor  Fuels,  Section  1  in  the  1985  Annual  Book  of 
ASTM  Standards; 

(2)  OSHA  Standard  29  CFR  1910.106-"Han- 
dling  Storage  and  Use  of  Flammable  Combustible 


(Rev.  4/23/91) 


PART  571;  S  205-1 


Liquids."  (56  F.R.  18526— April  23,  1991.  Effective: 
May  23,  1991) 

55.1.1.2  The  following  locations  are  added  to 
the  lists  specified  in  ANS  Z26  in  which  item  4,  item 
5,  item  8  and  item  9  safety  glazing  may  be  used: 

(a)-(i)  [Reserved] 

(j)  Windows  and  doors  in  motorhomes,  except 
for  the  windshield  and  windows  to  the  immediate 
right  or  left  of  the  driver. 

(k)  Windows  and  doors  in  slide-in  campers  and 
pickup  covers. 

(1)  Windows  and  doors  in  buses  except  for  the 
windshield,  windows  to  the  immediate  right  or  left 
of  the  driver,  and  rearmost  windows  if  used  for 
driving  visibility. 

(m)  For  Item  5  safety  glazing  only:  Motorcycle 
windscreens  below  the  intersection  of  a  horizontal 
plane  15  inches  vertically  above  the  lowest  seating 
position. 

55.1.1.3  The  following  locations  are  added  to 
the  lists  specified  in  ANS  Z26  in  which  item  6  and 
item  7  safety  glazing  may  be  used: 

(a)-(i)  [Reserved] 

(j)  Windows  and  doors  in  motorhomes,  except 
for  the  windshield,  forward-facing  windows,  and 
windows  to  the  immediate  right  or  left  of  the 
driver. 

(k)  Windows,  except  forward-facing  windows, 
and  doors  in  slide-in  campers  and  pickup  covers. 

(1)  For  item  7  safety  glazing  only: 

(1)  Standee  windows  in  buses. 

(2)  Interior  partitions. 

(3)  Openings  in  the  roof. 

55.1.1.4  The  following  locations  are  added  to 
the  lists  specified  in  ANS  Z26  in  which  item  8  and 
item  9  safety  glazing  may  be  used: 

(a)-(e)  [Reserved)] 

(f)  Windows  and  doors  in  motorhomes,  except 
for  the  windshield  and  windows  to  the  immediate 
right  or  left  of  the  driver. 

(g)  Windows  and  doors  in  slide-in  campers  and 
pickup  covers. 

55.1.1.5  The  phrase  "readily  removable"  win- 
dow as  defined  in  ANS  Z26,  for  the  purposes  of  this 
standard,  in  buses  having  a  GVWR  of  more  than 
10,000  pounds,  shall  include  pushout  windows  and 


windows  mounted  in  emergency  exits  that  can  be 
manually  pushed  out  of  their  location  in  the  vehicle 
without  the  use  of  tools,  regardless  of  whether 
such  windows  remain  hinged  at  one  side  to  the 
vehicle. 

55.1.1.6  Multipurpose  passenger  vehicles.  Ex- 
cept as  otherwise  specifically  provided  by  this 
standard,  glazing  for  use  in  multipurpose 
passenger  vehicles  shall  conform  to  the  re- 
quirements for  glazing  for  use  in  trucks  as 
specified  in  ANS  Z26. 

55.1.1.7  Test  No.  17  is  deleted  from  the  list  of 
tests  specified  in  ANS  Z26  for  item  5  glazing 
material  and  Test  No.  18  is  deleted  from  the  lists  of 
tests  specified  in  ANS  Z26  for  item  3  and  item  9 
glazing  material. 

S5.1.2  In  addition  to  the  glazing  materials 
specified  in  ANS  Z26,  materials  conforming  to 
S5.1.2.1,  S5.1.2.2,  S5.1.2.3  or  S5.1.2.4  maybe  used 
in  the  locations  of  motor  vehicles  specified  in  those 
sections. 

55.1.2.1  Item  11C— Safety  Glazing  Material  for 
Use  in  Bullet  Resistant  Shields.  Bullet  resistant 
glazing  that  complies  with  Test  Nos.  2,  17,  19,  20, 
21,  24,  27,  28,  29,  30  and  32  of  ANS  Z26  and  the 
labeling  requirements  of  S5. 1.2.5  may  be  used  only 
in  bullet  resistant  shields  that  can  be  removed  from 
the  motor  vehicle  easily  for  cleaning  and  mainte- 
nance. A  bullet  resistant  shield  may  be  used  in 
areas  requisite  for  driving  visibility  only  if  the  com- 
bined parallel  luminous  transmittance  with  perpen- 
dicular incidence  through  both  the  shield  and  the 
permanent  vehicle  glazing  is  at  least  60  percent. 

55.1.2.2  Item  12— Rigid  plastics.  Safety  plastics 
materials  that  comply  with  Test  Nos.  10,  13,  16, 
19,  20,  21  and  24  of  ANS  Z26,  with  the  exception  of 
the  test  for  resistance  to  undiluted  denatured 
alcohol  Formula  SD  No.  30,  and  that  comply  with 
the  labeling  requirements  of  S 5. 1.2. 5,  may  be  used 
in  a  motor  vehicle  only  in  the  following  specified 
locations  at  levels  not  requisite  for  driving  visibil- 
ity. 

(a)  Windows  and  doors  in  slide-in  campers  and 
pickup  covers. 

(b)  Motorcycle  windscreens  below  the  intersec- 
tion of  a  horizontal  plane  15  inches  vertically  above 
the  lowest  seating  position. 


(Rev.  4/23/91) 


PART  571;  S  205-2 


(c)  Standee  windows  in  buses. 

(d)  Interior  partitions. 

(e)  Openings  in  the  roof. 

(f)  Flexible  curtains  or  readily  removable  win- 
dows or  in  ventilators  used  in  conjunction  with 
readily  removable  windows. 

(g)  Windows  and  doors  in  motor  homes,  except 
for  the  windshield  and  windows  to  the  immediate 
right  or  left  of  the  driver. 

(h)  Windows  and  doors  in  buses  except  for  the 
windshield  and  window  to  the  immediate  right  and 
left  of  the  driver. 

S5.1.2.3  Item  13— Flexible  plastics.  Safety 
plastic  materials  that  comply  with  Tests  Nos.  16, 
19,  20,  22,  and  23  or  24  of  ANS  Z26,  with  the  ex- 
ception of  the  test  for  resistance  to  undiluted 
denatured  alcohol  Formula  SD  No.  30,  and  that 
comply  with  the  labeling  requirements  of  S5. 1.2.5 
may  be  used  in  the  following  specific  locations  at 
levels  not  requisite  for  driving  visibility. 

(a)  Windows,  except  forward-facing  windows, 
and  doors  in  slide-in  campers  and  pick-up  covers. 

(b)  Motorcycle  windscreens  below  the  intersec- 
'           tion  of  a  horizontal  plane  15  inches  vertically  above 

the  lowest  seating  position. 

(c)  Standee  windows  in  buses. 

(d)  Interior  partitions. 

(e)  Openings  in  the  roof. 

(f)  Flexible  curtains  or  readily  removable  win- 
dows or  in  ventilators  used  in  conjunction  with 
readily  removable  windows. 

(g)  Windows  and  doors  in  motor  homes,  except 
for  the  windshield,  forward-facing  windows,  and 
windows  to  the  immediate  right  or  left  of  the 
driver. 

S5.1.2.4.  [Item  14— Glass-Plastics.  Glass- 
plastic  glazing  materials  that  comply  with  the 
labeling  requirements  of  S5.1.2.10  and  Tests  Nos. 
1,  2,  3,  4,  9,  12,  15,  16,  17,  18,  19,  24,  26,  and  28,  as 
those  tests  are  modified  in  S5.1.2.9  Test  Pro- 
cedures for  Glass-Pldstics,  may  be  used  anywhere 
in  a  motor  vehicle,  except  that  it  may  not  be  used  in 
convertibles,  in  vehicles  that  have  no  roof  or  in 
vehicles  whose  roofs  are  completely  removable. 

S5.1.2.5    Item  15A— Annealed  Glass-Plastic  For 

Use  In  All  Positions  In  a  Vehicle  Except  The  Wind- 

I  shield.  Glass-plastic  glazing  materials  that  comply 


with  Test  Nos.  1,  2,  3,  4,  9,  12,  16,  17,  18,  19,  24, 
and  28  as  those  tests  are  modified  in  S5. 1.2.9  Test 
Procedures  for  Glass-Plastics,  may  be  used 
anywhere  in  a  motor  vehicle  except  the  windshield, 
and  may  not  be  used  in  convertibles,  in  vehicles 
that  have  no  roof,  or  in  vehicles  with  roofs  that  are 
not  completely  removable.  (56  F.R.  18526— April  23, 
1991.  Effective:  May  23,  1991)1 

55.1.2.6  [Reserved] 

55.1.2.7  Item  16A— Annealed  Glass-Plastic  For 
Usi  In  All  Positions  In  a  Vehicle  Not  Requisite  For 
Driving  Visibility.  Glass-plastic  glazing  materials 
that  comply  with  Test  Nos.  3,  4,  9,  12,  16,  19,  24, 
and  28,  as  those  test  are  modified  in  S5. 1.2.9  Test 
Procedures  for  Glass-Plastics,  may  be  used  in  a 
motor  vehicle  in  all  locations  not  requisite  for  driv- 
ing visibihty. 

55.1.2.8  Item  16B— Tempered  Glass-Plastic  For 
Use  In  All  Positions  In  A  Vehicle  Not  Requisite  For 
Driving  Visibility.  Glass-plastic  glazing  materials 
that  comply  with  Test  Nos.  3,  4,  6,  7,  8,  16,  19,  24, 
and  28,  as  those  tests  are  modified  in  S5. 1.2.9  Test 
Procedures  for  Glass-Plastics,  may  be  used  in  a 
motor  vehicle  in  all  locations  not  requisite  for  driv- 
ing visibility. 

55.1.2.9  Test  Procedures  for  Glass-Plastics,  (a) 
Tests  Nos.  6,  7,  8,  9,  12,  16,  and  18  shall  be  con- 
ducted on  the  glass  side  of  the  specimen,  i.e.,  the 
surface  which  would  face  the  exterior  of  the  vehi- 
cle. Tests  Nos.  17, 19,  24,  and  26  shall  be  conducted 
on  the  plastic  side  of  the  specimen,  i.e.,  the  surface 
which  would  face  the  interior  of  the  vehicle.  Test 
No.  15  should  be  conducted  with  the  glass  side  of 
the  glazing  facing  the  illuminated  box  and  the 
screen,  respectively.  For  Test  No.  19,  add  the 
following  to  the  specified  list:  an  aqueous  solution 
of  isopropanol  and  glycol  ether  solvents  in  concen- 
tration no  greater  than  10%  or  less  than  5%  by 
weight  and  ammonium  hydroxide  no  greater  than 
5%  or  less  than  1%  by  weight,  simulating  typical 
commercial  windshield  cleaner. 

(b)  Glass-plastic  specimens  shall  be  exposed  to 
an  ambient  air  temperature  of  -40°C  (±5°C), 
which  is  equivalent  to  -40°F  (±9°F),  for  a  period 
of  6  hours  at  the  commencement  of  Test  No.  28, 
rather  than  at  the  initial  temperature  specified  in 
that  test.  After  testing,  the  glass-plastic  specimens 
shall  show  no  evidence  of  cracking,  clouding, 
delaminating,  or  other  evidence  of  deterioration. 


(Rev.  4/23(91) 


PART  571;  S  205- 


(c)  Glass-plastic  specimens  tested  in  accordance 
with  Test  No.  17  shall  be  carefully  rinsed  with 
distilled  water  following  the  abrasion  procedure 
and  wiped  dry  with  lens  paper.  After  this  pro- 
cedure, the  arithmetic  mean  of  the  percentage  of 
light  scattered  by  the  three  specimens  as  a  result  of 
abrasion  shall  not  exceed  4.0  percent. 

(d)  Data  obtained  from  Test  No.  1  should  be  used 
when  conducting  Test  No.  2. 

1(e)  The  glass-plastic  glazing  specimen  tested  in 
accordance  with  Test  No.  26  shall  be  clamped  in 
the  test  fixture  in  Figure  1  of  this  standard  in  the 
manner  shown  in  that  figure.  The  clamping  gasket 
shall  be  made  of  rubber  3  millimeters  (mm)  thick  of 
hardness  50  IRHD  (International  Rubber  Hard- 
ness Degrees),  plus  or  minus  five  degrees.  Move- 
ment of  the  test  specimen,  measured  after  the  test, 
shall  not  exceed  2  mm  at  any  point  along  the  inside 
periphery  of  the  fixture.  Movement  of  the  test 
specimen  beyond  the  2  mm  limit  shall  be  con- 
sidered an  incomplete  test,  not  a  test  failure.  A 
specimen  used  in  such  an  incomplete  test  shall  not 
be  retested.  (56  F.R.  49148— September  27.  1991. 
Effective:  September  27.  1991)1 

S5.1.2.10  Cleaning  instructions,  (a)  Each 
manufacturer  of  glazing  materials  designed  to 
meet    the    requirements    of    S5.1.2.1,    S5.1.2.2, 

55.1.2.3,  S5.1.2.4,  S5.1.2.5,  S5.1.2.7,  or  S5.1.2.8 
shall  affix  a  label,  removable  by  hand  without  tools, 
to  each  item  of  such  glazing  material.  The  label 
shall  identify  the  product  involved,  specify  instruc- 
tions and  agents  for  cleaning  the  material  that  will 
minimize  the  loss  of  transparency,  and  instructions 
for  removing  frost  and  ice,  and,  at  the  option  of  the 
manufacturer,  refer  owners  to  the  vehicle's 
Owner's  Manual  for  more  specific  cleaning  and 
other  instructions. 

(b)  Each  manufacturer  of  glazing  materials 
designed  to  meet  the  requirements  of  paragraphs 

55.1.2.4,  S5.1.2.5,  S5.1.2.7,  or  S5.1.2.8  may  per- 
manently and  indelibly  mark  the  lower  center  of 
each  item  of  such  glazing  material,  in  letters  not 
less  than''^C  inch  nor  more  than  V4  high,  the  follow- 
ing words,  "GLASS  PLASTIC  MATERIAL- 
SEE  OWNER'S  MANUAL  FOR  CARE  IN- 
STRUCTIONS." 

S5.2     Edges.     In  vehicles  except  school  buses, 
shall  be  treated  in  accordance  with 


accordance  with  SAE  Recommended  Practice 
J673a,  "Automotive  Glazing,"  August  1967.  In 
school  buses,  exposed  edges  shall  be  banded. 

S6.     Certification  and  marking. 

56.1  Each  prime  glazing  material  manufac- 
turer, except  as  specified  below,  shall  mark  the 
glazing  materials  it  manufacturers  in  accordance 
with  section  6  of  ANS  Z26.  The  materials  specified 
in  S5.1.2.1,  S5.1.2.2,  S5.1.2.3,  S5.1.2.4,  S5.1.2.5, 
S5.1.2.7,  and  S5.1.2.8  shall  be  identified  by  the 
marks  "AS  IIC",  "AS  12",  "AS  13",  "AS  14", 
"AS  15A",  "AS  16A",  and  "AS  16B",  respec- 
tively. A  prime  glazing  material  manufacturer  is 
one  who  fabricates,  laminates,  or  tempers  the  glaz- 
ing material. 

56.2  Each  prime  glazing  material  manufac- 
turer shall  certify  each  piece  of  glazing  material  to 
which  this  standard  applies  that  is  designed  as  a 
component  of  any  specific  motor  vehicle  or 
camper,  pursuant  to  section  114  of  the  National 
Traffic  and  Motor  Vehicle  Safety  Act  of  1966,  by 
adding  to  the  mark  required  by  S6.1  in  letters  and 
numerals  of  the  size  specified  in  section  6  of  ANS 
Z26,  the  symbol  "DOT"  and  a  manufacturer's  code 
mark,  which  will  be  assigned  by  the  NHTSA  on  the 
written  request  of  the  manufacturer. 

56.3  Each  prime  glazing  material  manufacturer 
shall  certify  each  piece  of  glazing  material  to  which 
this  standard  applies  that  is  designed  to  be  cut  into 
components  for  use  in  motor  vehicles  or  items  of 
motor  vehicle  equipment,  pursuant  to  section  114 
of  the  National  Traffic  and  Motor  Vehicle  Safety 
Act. 

56.4  Each  manufacturer  or  distributor  who 
cuts  a  section  of  glazing  material  to  which  this 
standard  applies,  for  use  in  a  motor  vehicle  or 
camper,  shall  mark  that  material  in  accordance 
with  section  6  of  ANS  Z26. 

56.5  Each  manufacturer  or  distributor  who 
cuts  a  section  of  glazing  material  to  which  this 
standard  applies,  for  use  in  a  motor  vehicle  or 
camper,  shall  certify  that  his  product  complies  with 
this  standard  in  accordance  with  section  114  of  the 
National  Traffic  and  Motor  Vehicle  Safety  Act. 


PART  571;  S  205-4 


"^ 


Rubber  gasket - 


D  290 


r 

/ 

/ 

/ 


Sheel  ol  rubber 


•^V^ 


Dimensions  in  millimeters 


I 


N'^\\\v\\\\\\\\\\\\\\\\\\\\\\\^\r 


D   350  (minimum) 


Figure  1— Test  Fixture  for  Clamped  Specimens 


37  F.R.  12237 
June  21,  1972 


PART  571;  S  205-5-6 


PREAMBLE  TO  AN  AMENDMENT  TO 
FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  209 

Occupant  Crash  Protection;  Seat  Belt  Assemblies 

(Docket  No.  74-14;  Notice  72) 
RIN:  2127-AE26 


ACTION:  Response  to  petitions  for  reconsideration; 
Final  rule. 

SUMMARY:  NHTSA  recently  published  a  final  rule  to 
express  more  accurately  the  static  testing  require- 
ments for  safety  belts  that  do  not  apply  to  automatic 
belts  or  to  manual  belts  that  are  crash  tested.  In 
response  to  petitions  for  reconsideration  of  that  final 
rule,  this  rule  clarifies  the  scope  of  the  labeling  require- 
ment for  crash  tested  manual  belts  and  modifies  that 
labeling  requirement  to  make  it  identical  to  the  label- 
ing requirement  for  safety  belts  with  load  limiters. 
These  amendments  will  improve  the  clarity  of  the  label- 
ing requirements  and  avoid  needless  burdens  on 
manufacturers. 

EFFECTIVE  DATE:  These  amendments  take  effect 
September  1, 1992.  Safety  belts  and  vehicles  manufac- 
tured before  September  1,  1992  may  comply  with  the 
post-September  1,  1992  requirements  for  belt  labeling. 

SUPPLEMENTARY  INFORMATION: 

Background 
Standard  No.  209,  Seat  Belt  Assemblies  (49  CFR 
§  571.209),  sets  forth  a  series  of  static  tests  for  strength 
and  other  qualities  of  the  webbing  and  hardware  used 
in  a  seat  belt  assembly,  along  with  some  additional  tests 
of  the  seat  belt  assembly  as  a  whole.  Absent  a  djmamic 
test,  these  tests  individually  evaluate  each  of  the 
aspects  of  a  belt  system  that  NHTSA  believes  are 
necessary  to  ensure  that  the  belt  system  will  provide 
adequate  occupant  protection  in  a  crash.  For  instance, 
the  strength  requirements  in  Standard  No.  209  are  in- 
tended to  ensure  that  the  safety  belt  is  strong  enough 
to  withstand  the  loads  imposed  by  a  person  using  the 
belt  in  a  crash;  the  webbing  elongation  requirements 
help  ensure  that  the  belt  will  not  stretch  so  much  that 
it  provides  a  lesser  level  of  protection;  and  so  forth. 
NHTSA  believes  that  any  belt  system  that  achieves  the 
required  level  of  performance  in  all  of  these  tests  will 
offer  adequate  occupant  protection  when  the  belt 
system  is  installed  in  any  vehicle  at  any  seating 
position. 


However,  NHTSA  has  long  believed  it  more  ap- 
propriate to  evaluate  the  occupant  protection  afforded 
by  vehicles  by  conducting  dynamic  testing,  which 
consists  of  a  crash  test  of  the  vehicle  using  test 
dummies  as  surragates  for  human  occupants.  This 
belief  is  based  on  the  fact  that  the  protection  provided 
by  safety  belts  depends  on  more  than  the  performance 
of  the  safety  belts  themselves  or  of  belt  components 
tested  individually.  Occupant  protection  depends  on  not 
only  the  performance  of  the  safety  belts  themselves  but 
the  structural  characteristics  and  interior  design  of  the 
vehicle.  A  dynamic  test  of  the  vehicle  allows  NHTSA 
to  evaluate  all  of  the  factors  that  affect  occupant  crash 
protection.  Further,  a  dynamic  test  allows  the  agency 
to  evaluate  the  synergistic  effects  of  all  these  factors 
work-_.g  together,  instead  of  evaluating  each  factor 
individually.  Finally,  a  dynamic  test  assesses  the 
vehicle's  capabilities  for  minimizing  the  risk  of  injury 
as  measured  by  test  dummies  and  human-based  injury 
criteria,  as  opposed  to  individual  belt  component  tests 
that  are  only  indirectly  related  to  human  injury  risk. 

For  dynamic  testing  under  Standard  No.  208, 
Occupant  Crash  Protection  (49  CFR  571.208),  test 
dummies  are  placed  in  the  vehicle  and  the  vehicle  is 
subjected  to  a  frontal  crash  into  a  rigid  barrier  at  a 
speed  of  30  miles  per  hour  (mph).  In  evaluating  the 
occupant  crash  protection  capabilities  of  a  vehicle,  this 
dynamic  test  also  assesses  safety  belt  performance.  A 
requirement  for  safety  belts  to  conform  to  both  the 
dynamic  testing  requirements  of  Standard  No.  208  and 
certain  laboratory  testing  requirements  of  Standard 
No.  209  is  thus  unnecessary,  because  Standard  No.  208 
dynamic  testing  would  evaluate  the  critical  aspects  of 
belt  and  assembly  performance  that  would  be  evalu- 
ated under  Standard  No.  209.  To  avoid  such  redun- 
dancies, automatic  safety  belts  subject  to  the  dynamic 
testing  requirements  of  Standard  No.  208  were  ex- 
cluded from  Standard  No.  209's  laboratory  testing 
requirements  for  webbing,  attachment  hardware,  and 
assembly  performance  shortly  after  NHTSA  estab- 
lished the  first  dynamic  testing  requirements  in 
Standard  No.  208.  See  36  FR  23725;  December  14, 
1971. 


PART  571;  S209-PRE  61 


April  1991  Final  Rule 
On  April  16,  1991,  NHTSA  published  a  final  rule 
amending  Standards  No.  208  and  209  to  avoid  un- 
necessary regulatory  restrictions  on  safety  belts  that 
have  been  dynamically  tested  (56  FR  15295).  That  final 
rule  amended  that  agency's  regulations  to  express 
more  accurately  the  scope  of  the  exemption  from  the 
static  testing  requirements  for  safety  belts  that  are 
dynamically  tested. 
Specially,  that  rule: 

1.  Excluded  all  safety  belts  that  are  subject  to  the 
dynamic  testing  requirements,  regardless  of  the  type 
of  vehicle  in  which  those  belts  are  installed,  from  some 
of  the  static  testing  requirements  for  safety  belts  (e.g., 
webbing  wddth,  strength,  and  elongation); 

2.  Permitting  the  use  of  load  limiters  on  all  safety 
belts  installed  at  seating  positions  subject  to  the 
dynamic  testing  requirements,  regardless  of  whether 
the  subject  belts  are  automatic  or  manual  safety  belts; 
and 

3.  Identified  all  of  the  static  testing  requirements 
from  which  automatic  safety  belts  and  manual  safety 
belts  subject  to  the  dynamic  testing  requirements  are 
excluded  in  the  safety  standards,  instead  of  listing  some 
of  those  requirements  in  the  safety  standards  and 
adding  others  in  the  agency's  interpretations  and 
preambles  to  rules. 

Petition  for  Reconsideration 

The  final  rule  also  more  clearly  identified  the  safety 
belts  to  which  the  agency  is  referring  when  it  describes 
safety  belts  as  "dynamically  tested." 

In  response  to  the  final  rule,  NHTSA  received  peti- 
tions for  reconsideration  from  Ford  and  Volkswagen 
of  America  (Volkswagen).  This  notice  responds  to  the 
issues  raised  in  the  those  petitions. 

1.  Whether  the  April  16  Rule  Also  Applies  to 
Standard  No.  210 

In  its  petition  for  reconsideration,  Ford  was  con- 
cerned that  the  final  rule's  clarification  of  the  term 
"dynamically  tested  belts"  for  the  purposes  of  Stan- 
dards No.  208  and  209  might  be  interpreted  to  apply 
to  Standard  No.  210  as  well.  Ford  was  particularly 
concerned  that  a  manual  belt  provided  at  a  seating 
position  also  equipped  with  an  air  bag  might  no  longer 
be  excluded  from  the  anchorage  location  requirements 
set  forth  in  S4.3  of  Standard  No.  210.  Ford  asked 
NHTSA  to  verify  that  the  interpretation  of  which 
manual  belts  are  considered  "dynamically  tested" 
manual  belts  for  the  purposes  of  Standards  No.  208  209 
is  limited  to  those  standards,  and  did  not  affect  the 
differing  interpretation  the  agency  had  previously 
made  for  the  purposes  of  Standard  No.  210. 

The  final  rule  did  not  purport  to  address  Standard 
No.  210.  Throughout  this  rulemaking,  there  have  been 
no  references  to  Standard  No.  210  nor  did  this  rule  ever 


propose  to  amend  Standard  No.  210.  Thus,  NHTSA 
confirms  Ford's  understanding  that  nothing  in  this 
rulemaking  changed  or  modified  anything  with  respect 
to  the  existing  requirements  and  interpretations  of 
Standard  No.  210. 

2.  Whether  Manual  Belts  are  subject  to  the  Labeling 
Requirements  (i.e.,  are  Considered  Dynamically  Tested) 
When  They  are  Installed  at  Seating  Positions  Also 
Equipped  With  Air  Bags  That  are  Not  Certified  as 
Providing  Automatic  Crash  Protection. 

In  the  preamble  to  the  final  rule,  NHTSA  stated  that 
"any  manual  belts  installed  at  seating  positions  also 
equipped  with  either  automatic  safety  belts  or  air  bags 
are  not  what  NHTSA  is  referring  to  when  it  uses  the 
term  'dynamically  tested  manual  belts'  in  preambles 
or  letters  of  interpretation"  concerning  Standards  No. 
208  and  209,  56  FR  15297;  April  16,  1991. 

In  its  petition  for  reconsideration.  Ford  asked  about 
the  final  rule's  applicability  to  manual  safety  belts 
supplied  wdth  air  bags  that  are  not  certified  as  provid- 
ing automatic  crash  protection.  Such  air  bags  are  some- 
times referred  to  as  "face  bags."  Ford  explained  that 
it  plans  to  install  this  sort  of  driver  air  bag  on  some 
of  its  1992  model  year  light  trucks  and  vans.  Since  this 
type  of  air  bag  is  not  certified  as  complying  with  the 
automatic  restraint  requirements  of  S4. 1.2.1  of  Stan- 
dard No.  208,  Ford  stated  its  understanding  that  a 
manual  belt  installed  at  a  seating  position  also  equipped 
with  a  "face  bag"  would  be  considered  a  "dynamically 
tested"  manual  belt  for  the  purposes  of  Standards  No. 
208  and  209. 

Again,  NHTSA  confirms  that  Ford's  understanding 
is  correct.  The  new  regulatory  language  adopted  in  the 
final  rule  exempts  from  certain  static  testing  require- 
ments manual  belts  that  are  subject  to  crash  testing 
by  virtue  of  any  provision  of  Standard  No.  208  other 
than  S4. 1.2. 1(c)(2).  S4. 1.2. 1(c)(2)  applies  only  to  seat- 
ing positions  with  air  bags  that  are  certified  as  provid- 
ing automatic  crash  protection.  Thus,  if  a  vehicle  is 
equipped  with  an  air  bag  at  a  front  outboard  seating 
position  that  is  not  certified  as  providing  automatic 
crash  protection,  and  the  vehicle  is  subject  to  the  crash 
testing  requirements  in  S5.1  of  Standard  No.  208,  then 
the  manual  belt  required  to  be  installed  at  such  seat- 
ing position  would  be  considered  "dynamically  tested" 
for  the  purposes  of  Standards  No.  208  and  209. 

3.  Clarification  of  the  Scope  of  the  Labeling  Require- 
ment for  Dynamically  Tested  Manual  Belts 

Section  S4.6(b)  of  Standard  No.  209  requires  a  "seat 
belt  assembly  that  meets  the  requirements  of  S4.6  of 
Standard  No.  208"  to  be  marked  or  labeled  with  the 
following  statement: 

This  dynamically-tested  seat  belt  assembly  is  for  use 
only  in  (insert  specific  seating  position(s),  e.g.,  'front 
right')  in  (insert  specific  vehicle  make(s)  and  model(s). 


PART  571;  S209-PRE  62 


The  April  1991  final  rule  did  not  amend  this  provi- 
sion in  Standard  No.  209.  It  did,  however,  amend  S4.6 
of  Standard  No.  208.  First,  it  deleted  the  old  provision 
in  S4.6.2  of  Standard  No.  208  referring  to  dynamic 
testing  of  manual  belts  in  passenger  cars  if  the  require- 
ment for  automatic  crash  protectin  were  rescinded. 
Second,  it  added  new  sections  S4.6  and  S4.6.3  to  more 
clearly  specify  which  manual  belts  will  be  considered 
"dynamically  tested"  for  the  purposes  of  Standards  No. 
208  and  209.  In  addition,  the  preamble  stated  that  the 
final  rule  was  making  no  change  to  the  existing  label- 
ing requirements  for  dynamically  tested  manual  belts. 
This  decision  meant  that  the  pre-existing  requirement 
to  label  dynamically  tested  manual  belts  installed  in 
light  trucks  would  remain  in  place  and  in  effect,  while 
the  proposal  for  a  new  requirement  to  label  dynami- 
cally tested  manual  belts  installed  in  passenger  cars 
was  not  adopted. 

Ford  and  Volkswagen  petitioned  to  the  agency  to 
reconsider  these  provisions  on  identical  grounds.  These 
manufacturers  argued  that  S4.6(b)  of  Standard  No.  209 
appears  to  require  labeling  of  all  dynamically  tested 
manual  belt  assemblies  regardless  of  the  type  of  vehicle 
in  which  those  belts  are  installed.  This  result  is  directly 
contrary  to  the  statement  in  the  preamble  that  dynam- 
ically tested  manual  belts  installed  in  passenger  cars 
where  not  subject  to  the  labeling  requirements.  This 
is  because  S4.6(b)  of  Standard  No.  209  requires  label- 
ing of  "a  seat  belt  assembly  that  meets  the  require- 
ments of  S4.6  of  Standard  No.  208."  Although  S4.6.1 
of  Standard  No.  208  provides  that  it  applies  only  to 
dynamically  tested  manual  belts  installed  in  light 
trucks,  S4.6.2.  and  S4.6.3  by  their  terms  apply  to  all 
dynamically  tested  manual  belts,  irrespective  of  the 
vehicle  type  in  which  those  dynamically  tested  belts  are 
installed.  To  clarify  the  agency's  intentions,  the  peti- 
tioners asked  that  S4.6(b)  of  Standard  No.  209  be 
changed  to  refer  to  S4.6.1,  instead  of  all  of  S4.6,  of 
Standard  No.  208.  The  agency  agrees  that  this  re- 
quested change  makes  the  standard  more  precise,  and 
amends  Standard  No.  209  accordingly. 

4.  Inconsistency  of  Required  Labeling  for  Dynami- 
cally Tested  Manual  Belts  With  Load  Limiters 

In  the  preamble  to  the  final  rule,  NHTSA  stated  that 
it  did  not  believe  that  extending  the  labeling  require- 
ments for  automatic  belts  with  load  limiters  (which 
have  been  in  place  since  1981)  to  dynamically  tested 
manual  belts  with  load  limiters  would  result  in  any 
undue  burdens  for  manufacturers  or  consumers.  See 
56  FR  15297.  Notwithstanding  this  stated  belief,  Volk- 
swagen argued  in  its  petition  that  the  regulatory 
language  in  S4.5  and  4.6  of  Standard  No.  209  imposed 
inconsistent  labeling  requirements  for  dynamically 
tested  manual  safety  belts  equipped  with  load  limiters. 


Volkswagen  correctly  stated  that  S4.5(c)  of  Standard 
No.  209  requires  all  safety  belts  with  load  limiters  to 
be  labeled  with  the  following  statement:  "This  seat  belt 
assembly  is  for  use  only  in  (insert  specific  seating 
position(s),  e.g.,  'front  right')  in  (insert  specific  vehi- 
cle make(s)  and  model(s)).  "However,  S4.6(b)  of 
Standard  No.  209  requires  a  dynamically  tested  manual 
belt,  including  dynamically  tested  manual  belts  that 
incorporate  a  load  limiter,  to  be  labeled  with  following 
statement: 

"This  dynamically-tested  seat  belt  assembly  is  for  use 
only  in  (insert  specific  seating  positions(s),  e.g.,  'front 
right')  in  (insert  specific  vehicles  make(s)  and 
model(s))."  (Emphasis  added)  Volkswagen  suggested 
that  the  regulatory  language  in  the  final  rule  appears 
to  require  dynamically  tested  manual  belts  with  load 
limiters  to  include  two  different  labels,  one  consistent 
with  S4.5(c)  and  one  consistent  with  S4.5(c)  and  one 
consistent  with  S4.6(b). 

To  avoid  such  repetitive  and  unnecessary  labeling, 
Volkswagen  asked  in  its  petition  that  the  label  speci- 
fied in  S4.6(b)  should  be  revised  to  be  identical  with 
the  label  required  in  S4.5(c).  NHTSA  agrees.  Accord- 
ingly, this  rule  deletes  the  phrase  "dynamically  tested" 
from  the  labeling  required  by  S4.6(b)  of  Standard  No. 
209. 

5.  Effective  Date 

This  notice  makes  two  minor  changes  to  the  April 
16, 1991  final  rule  in  response  to  the  petitions  for  recon- 
sideration. The  changes  are  a  clarification  of  the  scope 
of  the  labeling  requirement  and  a  slight  modification 
of  the  information  that  must  be  labeled  on  dynamic- 
ally tested  manual  belts  pursuant  to  S4.6(b)  of  Stan- 
dard No.  209.  NHTSA  recognizes  that  manufacturers 
may  need  some  leadtime  to  modify  the  labels  on  their 
dynamically  tested  manual  belts  installed  in  light  trucks 
and  vans.  Therefore,  manufacturers  may  comply  with 
either  the  label  specified  in  the  April  16,  1991  final  rule 
version  of  S4.6(b)  (including  the  words  "dynamically 
tested")  or  the  label  specified  in  this  amendment  to 
S4.6(b)  (deleting  the  words  "dynamically  tested"),  until 
September  1,  1992,  the  effective  date  for  this  rule. 
After  September  1,  1992,  the  safety  belts  subject  to 
S4.6(b)  of  Standard  No.  209  must  be  labeled  in  accor- 
dance with  the  amended  S4.6(b)  seat  forth  in  this 
notice. 

In  consideration  of  the  foregoing  49  CFR  part  209 
is  amended  as  follows: 

In  §  571.209  S4.6(b)  of  Standard  No.  209  is  revised 
to  read  as  follows,  effective  on  the  and  after  September 
1,  1992  and  may  be  used  at  the  manufacturer's  option 
before  that  date: 

S4.6  Manual  belts  subject  to  crash  protection  re- 
quirements of  Standard  No.  208. 


PART  571;  S209-PRE  63 


(b)  A  seat  belt  assembly  certified  as  complying  with  Issued  on  October  30,  1991. 

S4.6.1  of  Standard  No.  208  (49  CFR  571.208)  shall  be 
permanently  and  legibly  marked  or  labeled  with  the 

following  statement:  Jerry  Ralph  Curry, 

This  seat  belt  assembly  is  for  use  only  in  [insert  specif-  Administrator 

ic  seating  position(s),  e.g.,  'front  right')  in  (insert 
specific  vehicles  make(s)  and  madels(s)].  gg  p_p_  56323 

*****  November  4,  1992 


PART  571;  S209-PRE  64 


(e)  Adjustment  force.  The  force  required  to 
decrease  the  size  of  a  seat  belt  assembly  shall  not 
exceed  11  pounds  or  5  kilograms  when  measured 
by  the  procedure  specified  in  S5.2(e). 

(f)  Tilt-lock  adjustment.  The  buckle  of  a  seat 
belt  assembly  having  tilt-lock  adjustment  shall  lock 
the  webbing  when  tested  by  the  procedure 
specified  in  S5.2(f)  at  an  angle  of  not  less  than  30 
degrees  between  the  base  of  the  buckle  and  the 
anchor  webbing. 

(g)  Buckle  latch.  The  buckle  latch  of  a  seat  belt 
assembly  when  tested  by  the  procedure  specified  in 
S5.2(g)  shall  not  fail,  nor  gall  or  wear  to  an  extent 
that  normal  latching  and  unlatching  is  impaired, 
and  a  metal-to-metal  buckle  shall  separate  when  in 
any  position  of  partial  engagement  by  a  force  of 
not  more  than  5  pounds  or  2.3  kilograms. 

(h)  Nonlocking  retractor.  The  webbing  of  a  seat 
belt  assembly  shall  extend  from  a  nonlocking  retrac- 
tor within  0.25  inch  or  6  millimeters  of  maximum 
length  when  a  tension  is  applied  as  prescribed  in 
S5.2(h).  A  nonlocking  retractor  on  upper-torso 
restraint  shall  be  attached  to  the  nonadjustable  end 
)  of  the  assembly,  the  reel  of  the  retractor  shall  be 
easily  visible  to  an  occupant  while  wearing  the 
assembly,  and  the  maximum  retraction  foice  shall 
not  exceed  1.1  pounds  or  0.5  kilogram  in  any  strap 
or  webbing  that  contacts  the  shoulder  when 
measured  by  the  procedure  specified  in  S5.2(h), 
unless  the  retractor  is  attached  to  the  free  end  of 
webbing  which  is  not  subjected  to  any  tension  dur- 
ing restraint  of  an  occupant  by  the  assembly. 

(i)  Automatic-locking  retractor.  The  webbing 
of  a  seat  belt  assembly  equipped  with  an  automatic- 
locking  retractor,  when  tested  by  the  procedure 
specified  in  S5.2(i),  shall  not  move  more  than  1  inch 
or  25  millimeters  between  locking  positions  of  the 
retractor,  and  shall  be  retracted  with  a  force  under 
zero  acceleration  of  not  less  than  0.6  pound  or  0.27 
kilogram  when  attached  to  pelvic  restraint,  and 
not  less  than  0.45  pound  or  0.2  kilogram  nor  more 
than  1.1  pounds  or  0.5  kilogram  in  any  strap  or 
webbing  that  contacts  the  shoulder  of  an  occupant 
when  the  retractor  is  attached  to  upper-torso 
restraint.  An  automatic-locking  retractor  attached 
to  upper-torso  restraint  shall  not  increase  the 
restraint  on  the  occupant  of  the  seat  belt  assembly 
during  use  in  a  vehicle  traveling  over  rough  roads 
as  prescribed  in  S5.2(i). 

(j)  Emergency-locking  retractor.  An 
emergency-locking  retractor  of  a  Type  1  or  Type  2 


seat  belt  assembly,  when  tested  in  accordance  with 
the  procedures  specified  in  paragraph  S5.2(j)— 

(1)  Shall  lock  before  the  webbing  extends  1 
inch  when  the  retractor  is  subjected  to  an 
acceleration  of  0.7g; 

(2)  Shall  not  lock,  if  the  retractor  is  sensitive 
to  webbing  withdrawal,  before  the  webbing 
extends  2  inches  when  the  retractor  is  subjected 
to  an  acceleration  of  0.3g  or  less; 

(3)  Shall  not  lock,  if  the  retractor  is  sensitive 
to  vehicle  acceleration,  when  the  retractor  is 
rotated  in  any  direction  to  any  angle  of  15°  or 
less  from  its  orientation  in  the  vehicle; 

(4)  Shall  exert  a  retractive  force  of  at  least  0.6 
pound  under  zero  acceleration  when  attached 
only  to  the  pelvic  restraint; 

(5)  Shall  exert  a  retractive  force  of  not  less 
than  0.2  pound  and  not  more  than  1.1  pounds 
under  zero  acceleration  when  attached  only  to  an 
upper-torso  restraint; 

(6)  Shall  exert  a  retractive  force  of  not  less 
than  0.2  pound  and  not  more  than  1.5  pounds 
under  zero  acceleration  when  attached  to  a  strap 
or  webbing  that  restrains  both  the  upper  torso 
and  the  pelvis. 

(k)  Performance  of  retractor.  A  retractor  used 
on  a  seat  belt  assembly  after  subjection  to  the  tests 
specified  in  S5.2(k)  shall  comply  with  applicable 
requirements  in  paragraphs  (h)  to  (j)  of  this  section 
and  S4.4,  except  that  the  retraction  force  shall  be 
not  less  than  50  percent  of  its  original  retraction 
force. 

S4.4     Requirements  for  assembly  performance. 

(a)  Type  1  seat  belt  assembly.  Except  as  pro- 
vided in  S4.5,  the  complete  seat  belt  assembly  in- 
cluding webbing,  straps,  buckles,  adjustment  and 
attachment  hardware,  and  retractors  shall  comply 
with  the  following  requirements  when  tested  by 
the  procedures  specified  in  S5.3(a): 

(1)  The  assembly  loop  shall  withstand  a  force 
of  not  less  than  5,000  pounds  or  2,270  kilograms; 
that  is,  each  structural  component  of  the 
assembly  shall  withstand  a  force  of  not  less  than 
2,500  pounds  or  1,130  kilograms. 

(2)  The  assembly  loop  shall  extend  not  more 
than  7  inches  or  18  centimeters  when  subjected 
to  a  force  of  5,000  pounds  or  2,270  kilograms; 
that  is,  the  length  of  the  assembly  between 
anchorages  shall  not  increase  more  than  14 
inches  or  36  centimeters. 


PART  571;  S  209-5 


(3)  Any  webbing  cut  by  the  hardware  during 
test  shall  have  a  breaking  strength  at  the  cut  of 
not  less  than  4,200  pounds  or  1,910  kilograms. 

(4)  Complete  fracture  through  any  solid 
section  of  metal  attachment  hardware  shall  not 
occur  during  test. 

(b)  Type  2  seat  belt  assembly.  Except  as  pro- 
vided in  S4.5,  the  components  of  a  Type  2  seat  belt 
assembly  including  webbing,  straps,  buckles,  ad- 
justment and  attachment  hardware,  and  retractors 
shall  comply  with  the  following  requirements  when 
tested  by  the  procedure  specified  in  S5.3(b): 

(1)  The  structural  components  in  the  pelvic 
restraint  shall  withstand  a  force  of  not  less  than 
2,500  pounds  or  1,139  kilograms. 

(2)  The  structural  components  in  the  upper- 
torso  restraint  shall  withstand  a  force  of  not  less 
than  1,500  pounds  or  680  kilograms. 

(3)  The  structural  components  in  the  assembly 
that  are  common  to  pelvic  and  upper-torso 
restraints  shall  withstand  a  force  of  not  less  than 
3,000  pounds  or  1,360  kilograms. 

(4)  The  length  of  the  pelvic  restraint  between 
anchorages  shall  not  increase  more  than  20 
inches  or  50  centimeters  when  subjected  to  a 
force  of  2,500  pounds  or  1,130  kilograms. 

(5)  The  length  of  the  upper-torso  restraint 
between  anchorages  shall  not  increase  more 
than  20  inches  or  50  centimeters  when  subjected 
to  a  force  of  1,500  pounds  or  680  kilograms. 

(6)  Any  webbing  cut  by  the  hardware  during 
test  shall  have  a  breaking  strength  of  not  less 
than  3,500  pounds  or  1,590  kilograms  at  a  cut  in 
webbing  of  the  pelvic  restraint,  or  not  less  than 
2,800  pounds  or  1,270  kilograms  at  a  cut  in 
webbing  of  the  upper-torso  restraint. 

(7)  Complete  fracture  through  any  solid 
section  of  metal  attachment  hardware  shall  not 
occur  during  test. 

S4.5     Load-limiter. 

(a)  A  Type  1  or  Type  2  seat  belt  assembly  that  in- 
cludes a  load-limiter  is  not  required  to  comply  with 
the  elongation  requirements  of  S4.2(c),  S4. 4(a)(2), 
S4.4(b)(4)  or  S4.4(b)(5). 

(b)  A  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elonga- 
tion requirements  of  this  standard  may  be  installed 
in  motor  vehicles  at  any  designated  seating  posi- 
tion that  is  subject  to  the  requirements  of  S5.1  of 
Standard  No.  208  (§  571.208). 


(c)  A  seat  belt  assembly  that  includes  a  load 
limiter  and  that  does  not  comply  with  the  elonga- 
tion requirements  of  this  standard  shall  be  per- 
manently and  legibly  marked  or  labeled  with  the 
following  statement: 
This  seat  belt  assembly  is  for  use  only  in  [insert 
specific  seating  position(s),  e.g.,  "front  right"]  in 
[insert  specific  vehicles  make(s)  and  model(s)] 

S4.6     Manual  belts  subject  to  crash  protection 
requirements  of  Standard  No.  208. 

(a)(1)  A  manual  seat  belt  assembly,  which  is  sub- 
ject to  the  requirements  of  S5.1  of  Standard  No. 
208  (49  CFR  §  571.208)  by  virtue  of  any  provision 
of  Standard  No.  208  other  than  S4.1.2.1(c)(2)  of 
that  standard,  does  not  have  to  meet  the  re- 
quirements of  S4.2(a)-(f)  and  S4.4  of  this  standard. 
(2)  A  manual  seat  belt  assemble  subject  to  the 
requirements  of  S5.1  of  Standard  No.  208  (49 
CFR   §  571.208)  by  virtue  of  S4. 1.2. 1(c)(2)  of 
Standard  No.  208  does  not  have  to  meet  the 
elongation  requirements  of  S4.2(c),  S4. 4(a)(2), 
S4.4(b)(4),  and  S4.4(b)(5)  of  this  standard. 

(b)  (A  seat  belt  assembly  certified  as  comply- 
ing with  S4.6.1  of  Standard  No.  208  (49  CFR 
571.208)    shall    be    permanently    and    legibly 
marked  or  labeled  with  the  following  statement: 
This  seat  belt  assembly  is  for  use  only  in 
(insert  specific  seating  position(s),  e.g., 
"front  right")  in  (insert  specific  vehicle 
make(s),  and  model(s))." 
(56  F.R.  56323— November  4,  1992.) 

Effective:  September  1,  1992.  Safety  belts  and 
vehicles  manufactured  before  September  1,  1992 
may  comply  with  the  post  September  1,  1992  re- 
quirements for  belt  labeling.)! 

S5.     Demonstration  procedures. 
S5.1     Webbing. 

(a)  Width.  The  width  of  webbing  from  three 
seat  belt  assemblies  shall  be  measured  after  con- 
ditioning for  at  least  24  hours  in  an  atmosphere 
having  relative  humidity  between  48  and  67  per- 
cent and  a  temperature  of  23°±2°C  or 
73.4°  ±3.6°  F.  The  tension  during  measurement 
of  width  shall  be  not  more  than  5  pounds  or  2 
kilograms  on  webbing  from  a  Type  1  seat  belt 
assembly,  and  2,200  ±100  pounds  or  1,000  ±50 
kilograms  on  webbing  from  a  Type  2  seat  belt 
assembly.  The  width  of  webbing  from  a  Type  2 
seat  belt  assembly  may  be  measured  during  the 


ii;4;92) 


PART  571;  S  209-6 


PREAMBLE  TO  FEDERAL  MOTOR  VEHICLE  SAFETY  STANDARD  NO.  210 

Seat  Belt  Assembly  Anchorages 

(Docket  No.  90-26;  Notice  2) 

RIN:  2127-AD44 


ACTION:  Final  rule. 

SUMMARY:  This  rule  amends  Standard  No.  210,  Seat 
Belt  Assembly  Anchorages,  to  clarify  the  definition  of 
"seat  belt  anchorage."  The  amended  definition  expli- 
citly states  that  any  vehicle  part  or  component  that 
transfers  the  load  from  a  safety  belt  to  the  vehicle 
structure  is  part  of  the  anchorage.  This  amendment  will 
ensure  that  the  safety  belt  system  remains  attached 
to  the  vehicle,  even  when  exposed  to  severe  crash 
forces. 

DATES:  The  amendments  made  in  this  rule  are  effec- 
tive September  1,  1992. 

SUPPLEMENTARY  INFORMATION:  Federal  Motor 
Vehicle  Safety  Standard  No.  210,  Seat  Belt  Assembly 
Anchorages,  specifies  performance  requirements  for 
safety  belt  anchorages  to  reduce  the  likelihood  of  the 
anchorage's  faOure  in  a  crash.  The  requirements,  which 
apply  to  passenger  cars,  trucks,  buses,  and  multipur- 
pose passenger  vehicles,  specify  the  forces  that  an 
anchorage  must  be  capable  of  withstanding  during  a 
static  strength  test. 

On  October  31, 1990,  the  agency  published  a  notice 

of  proposed  rulemaking  (NPRM)  proposing  to  amend 

the  definition  of  "seat  belt  anchorage"  in  Standard  No. 

210.  This  notice  was  initiated  in  response  to  questions 

about  the  scope  of  Standard  No.  210  that  had  arisen 

during  the  agency's  compliance  tests,  for  example, 

instances  when  vehicle  seats  had  separated  from  the 

vehicle  floor  when  testing  seat-mounted  anchorages 

before  the  required  loads  were  reached.  Since  Standard 

No.  210  is  intended  to  ensure  that  the  safety  belt 

remains  attached  to  the  vehicle,  the  agency  proposed 

a  new  definition  intending  to  clarify  the  scope  of 

Standard  No.  210.  The  proposed  definition  was: 

Seat  belt  anchorage  means  any  component, 

other  than  the  safety  belt  webbing,  involved 

in  transferring  seat  belt  assembly  loads  to 

the  vehicle  structure,  including,  but  not 


limited  to,  the  attachment  hardware,  seat 
frames,  seat  pedestals,  the  vehicle  structure 
itself,  and  any  part  of  the  vehicle  whose 
failure  causes  separation  of  the  belt  from  the 
vehicle  structure. 

NHTSA  received  12  comments  in  response  to  this 
NPRM.  The  commenters  included  seat,  seat  belt,  and 
vehicle  manufacturers,  a  private  citizen,  and  a  state 
government.  All  comments  were  considered  while 
formulating  this  final  rule  and  the  most  significant 
comments  are  addressed  below. 

Attachment  hardware.  Seven  commenters,  the 
Automotive  Occupant  Restraints  Council  [AORC], 
Chrysler  Corp.  [Chrysler],  Ford  Motor  Company 
[Ford],  General  Motors  Corp.  [GM],  Mitsubishi  Motors 
Corp.  [Mitsubishi],  Navistar  International  Transporta- 
tion Corp.  [Navistar],  and  Volkswagen  of  America,  Inc. 
[VW],  objected  to  the  inclusion  of  attachment  hardware 
in  the  definition.  Various  reasons  were  given  for  these 
objections.  Ford,  GM,  Mitsubishi,  and  VH  stated  that 
testing  attachment  hardware  under  Standard  No.  210 
was  redundant  because  it  is  already  tested  under 
Standard  No.  209,  Seat  Belt  Assemblies.  Ford,  GM, 
and  Mitsubishi  stated  that  the  agency  had  not  demon- 
strated a  safety  need  to  test  attachment  hardware 
under  Standard  No.  210.  AORC,  Mitsubishi,  Ford,  and 
VW  believe  that  Standard  No.  210  compHance  tests 
should  be  conducted  by  replacing  the  original  attach- 
ment hardware  with  fixtures  that  duplicate  their 
geometry,  if  the  tests  cannot  be  completed  due  to 
failures  of  the  attachment  hardware  before  the  re- 
quired loads  are  reached.  Mitsubishi  objected  because 
the  loading  of  the  attachment  hardware  during  the 
Standard  No.  210  test  was  different  from  the  loading 
during  an  actual  crash  or  the  loading  during  the  Stan- 
dard No.  209  test.  Finally,  AORC  objected  to  the 
inclusion  of  attachment  hardware  because  this  would 
require  cooperation  between  the  seat  belt  manufac- 
turer and  the  vehicle  manufacturer. 


PART  571;  S210-PRE  69 


On  April  30, 1990,  the  agency  published  a  final  rule 
which,  among  other  things,  extended  the  applicability 
of  Standard  No.  210  to  the  attachment  hardware  of  a 
safety  belt  system  (55  FR  17970).  The  agency  received 
three  petitions  for  reconsideration  opposing  this  aspect 
of  the  final  rule.  Elsewhere  in  today's  edition  of  the 
Federal  Register  the  agency  has  published  a  response 
to  those  petitions  for  reconsideration. 

As  explained  in  that  response,  the  agency  agreed 
with  the  petitioners  that  the  static  performance  re- 
quirements of  Standard  No.  210  were  unnecessarily 
redundant  for  the  attachment  hardware  of  automatic 
safety  belt  systems  and  for  the  attachment  hardware 
of  dynamically  tested  manual  safety  belt  systems  which 
are  the  only  occupant  restraint  at  a  seating  position. 
To  reflect  this  position,  that  response  to  the  petitions 
for  reconsideration  excludes  the  attachment  hardware 
for  these  safety  belt  systems  from  the  requirements 
of  S4.1.1  and  S4.1.2  of  Standard  No.  210.  It  should  be 
noted  that,  as  further  explained  in  that  notice,  the 
agency  does  not  consider  a  manual  belt  installed  at  a 
seating  position  that  is  also  equipped  with  an  air  bag 
to  be  dynamically  tested. 

The  agency  disagrees  with  those  commenters  that 
asserted  that  the  requirement  to  test  attachment  hard- 
ware for  manual  belts  that  are  not  dynamically  tested 
under  Standard  No.  210  is  redundant.  The  agency  also 
disagrees  that  there  is  no  safety  need  to  test  attach- 
ment hardware  under  Standard  No.  210.  Attachment 
hardware  plays  an  integral  part  in  the  transfer  of 
safety  belt  loads  to  the  vehicle  structure.  The  strength 
conditions  in  Standard  No.  210  are  intended  to  subject 
the  vehicle  anchorage  to  force  levels  that  are  suffi- 
ciently high  that  one  can  be  reasonably  certain  that  the 
safety  belt  will  remain  attached  to  the  vehicle  struc- 
ture even  when  exposed  to  severe  crash  conditions.  If 
the  attachment  hardware  were  not  subjected  to  those 
same  force  levels,  during  the  Standard  No.  210 
strength  test,  the  test  would  be  less  useful.  A  belted 
occupant  will  not  be  well  protected  in  a  crash  if  the 
attachment  hardware  breaks,  but  the  rest  of  the  an- 
chorage withstands  the  crash  loading.  To  minimize  the 
chances  of  the  attachment  hardware  breaking  during 
a  crash,  this  rule  adopts  a  requirement  that  attachment 
hardware  for  non-dynamically-tested  manual  belts  be 
subject  to  the  strength  test  in  Standard  No.  210. 

In  addition,  the  agency  continues  to  believe  that 
original  attachment  hardware  should  be  used  during 
Standard  No.  210  compliance  tests  for  the  anchorages 
for  all  safety  belt  systems,  including  those  excluded 
from  the  requirements  of  S4.1.1  and  S4.1.2,  in  order 
to  ensure  that  the  load  application  onto  the  anchorage 
is  as  reahstic  as  possible.  The  agency  has  considered 
conducting  the  compliance  tests  using  replacement  fix- 
tures which  duplicate  the  geometry.  However,  the 
agency  is  concerned  that  developing  a  fixture  which 


would  accurately  simulate  every  attachment  would  be 
very  difficult.  The  agency  cannot  justify  devoting  the 
time  necessary  to  solve  this  difficult  problem,  because 
such  a  fixture  would  still  be  less  representative  than  r 

the  particular  attachment  hardware  in  the  vehicle  being 
tested. 

The  agency  also  was  not  persuaded  by  those  com- 
menters who  stated  that  the  loading  for  the  Standard 
No.  210  test  was  different  than  the  loading  experience 
in  either  an  actual  crash  or  the  Standard  No.  209  test. 
The  agency  has  already  explained  at  length  that  Stan- 
dard No.  210's  strength  test  is  not  intended  to  simu- 
late an  actual  crash  condition,  but  is  instead  intended 
to  be  severe  enough  to  ensure  that  the  anchorage  is 
unlikely  to  fail  in  an  actual  crash,  even  a  very  severe 
crash.  For  a  detailed  explanation  of  this,  see  55  FR 
17970,  at  17972-17973;  April  30,  1990.  Thus,  NHTSA 
does  not  consider  it  a  telling  point  to  assert  that  load- 
ing for  the  Standard  No.  210  strength  test  is  more  se- 
vere than  loading  in  a  typical  crash. 

The  agency  is  also  not  persuaded  by  the  assertions 
that  Standard  No.  210's  loading  is  different  from  that 
in  Standard  No.  209.  This  is  true  and  it  reflects  the 
different  purposes  of  these  two  standards.  Standard 
No.  209  is  intended  to  measure  the  performance  of  seat 
belt  assemblies  as  separate  pieces  of  equipment.  Stan- 
dard No.  209  assesses  the  performance  of  the  attach- 
ment hardware  only  as  a  part  of  the  seat  belt  assembly. 

Standard  No.  210,  however,  is  a  broader  assess-  I 

ment  of  vehicle  performance.  It  focuses  not  on  any 
individual  item  of  equipment  or  individual  component. 
Instead,  the  strength  test  of  Standard  No.  210  is 
intended  to  assess  the  strength  of  the  attachment  of 
the  seat  belt  assembly  to  the  vehicle,  in  order  to  ensure 
that  the  belt  will  remain  attached  to  the  vehicle  even 
when  exposed  to  severe  crash  conditions.  NHTSA 
believes  it  is  appropriate  to  measure  the  performance 
of  the  attachment  hardware  at  the  particular  seating 
position  in  the  particular  vehicle  in  which  it  is  installed 
for  the  purposes  of  Standard  No.  210.  as  well  as  the 
generic  performance  of  the  attachment  hardware 
pursuant  to  Standard  No.  209. 

Finally,  the  agency  is  aware  that  the  inclusion  of 
attachment  hardware  in  Standard  No.  210  may  require 
greater  coordination  between  the  vehicle  manufacturer 
and  the  safety  belt  system  manufacturer.  This  was 
partially  the  intent  of  this  requirement.  From  a  regula- 
tory standpoint,  the  burden  of  certifying  compliance 
with  Standard  No.  210  is  entirely  on  the  vehicle 
manufacturer,  not  the  safety  belt  manufacturer. 
However,  the  agency  believes  that,  since  the  safety  belt 
system  is  to  become  an  integral  part  of  the  vehicle, 
there  will  be  interaction  between  the  safety  belt  system 
manufacturer  and  the  vehicle  manufacturer  to  ensure 
that  the  restraint  will  perform  as  intended. 


PART  571;  S210-PRE  70 


For  the  above  reasons,  the  agency  has  retained  at- 
tachment hardware  within  the  definition  of  "seat  belt 
anchorage."  The  agency  notes  that  the  definition  pro- 
posed in  the  NPRM  included  the  phrase  "seat  belt 
assembly  loads."  Since  "seat  belt  assembly"  is  defined 
differently  in  Standard  No.  209  than  was  intended 
here,  the  agency  has  substituted  the  term  "seat  belt 
loads"  in  the  final  rule  to  avoid  any  possibility  of 
confusion. 

Alternate  Definitions. 
Two  commenters,  a  private  citizen  and  GM,  stated 
that  the  proposed  definition  was  more  ambiguous  than 
the  existing  one.  Phrases  that  were  considered  ambig- 
uous include;  "including,  but  not  limited  to,"  "any  part 
of  the  vehicle  structure,"  and  "attachment  hardware." 
The  agency  disagrees  with  the  commenters  that 
these  phrases  make  the  definition  more  ambiguous.  The 
new  definition  gives  examples  of  some  of  the  compo- 
nents whose  failure  would  result  in  non-compliance 
with  Standard  No.  210,  without  limiting  the  scope  of 
the  definition  to  those  enumerated  components.  This 
new  definition  will  mean  that  the  failure  of  any  com- 
ponent, other  than  the  safety  belt  itself  during  Stan- 
dard No.  210  compliance  testing  will  be  considered  an 
apparent  non-compliance  with  the  standard. 

Americans  with  Disabilities  Act. 
One  commenter,  a  private  citizen,  stated  that  the  pro- 
posed rulemaking  may  conflict  with  the  requirement 
to  provide  accessible  vehicles  under  the  Americans  with 
Disabilities  Act  of  1990  (P.L.  101-336,  42  U.S.C.  12101, 
et  seq).  The  commenter  stated  that  the  requirements 
should  not  apply  to  vehicles  equipped  with  custom  or 
special  seating  for  the  disabled.  The  agency  has  not 
excluded  such  seating  from  the  requirements  of  this 
rule.  The  commenter  did  not  submit  any  information 
suggesting  that  it  was  not  feasible  for  such  seating  to 
comply  with  the  requirements  of  this  rule.  Without 
information  that  compliance  is  not  feasible,  the  agency 
believes  that  customized  seating  for  the  disabled  should 
provide  the  same  level  of  occupant  protection  as  is 
provided  by  standard  seating. 

Another  commenter,  a  state  government,  sup- 
ported the  inclusion  of  the  seat  structure  and  pedestal 
in  the  anchorage  definition.  This  state  has  required 
safety  belts  for  specialized  seating  installed  for  the 
disabled  to  be  anchored  directly  to  the  vehicle,  rather 
than  to  the  seat,  based  upon  experience  with  the  lack 
of  strength  of  these  seats.  Under  the  new  definition 
of  "seat  belt  anchorage,"  this  state  would  no  longer 
have  to  retain  this  requirement  since,  if  a  safety  belt 
were  anchored  to  the  seat,  the  seat  and  its  pedestal 
would  be  considered  part  of  the  anchorage  and  there- 
fore, subject  to  the  strength  requirements  of  Standard 
No.  210. 


Location  Requirements. 

Four  commenters  (Ford,  Mitsubishi,  VW,  and  Volvo 
Cars  of  North  America  [Volvo])  pointed  out  that  the 
term  "seat  belt  anchorage"  is  used  in  two  contexts  in 
Standard  No.  210.  First,  it  is  used  in  S4.2  to  identify 
the  scope  of  the  standard  for  performance  testing  for 
the  strength  requirements.  Second,  it  is  used  in  S4.3 
to  define  the  reference  point  for  determining  compli- 
ance with  the  location  requirements.  These  commenters 
stated  that  the  new  definition  will  result  in  confusion 
with  regard  to  determining  the  location  of  the 
anchorage. 

The  agency  admits  that  this  rulemaking  had 
focused  exclusively  on  clarifying  the  definition  as  it 
applies  to  the  strength  requirements  of  S4.2.  The 
agency  had  not  fully  considered  the  effect  of  the  pro- 
posed definition  on  the  anchorage  location  require- 
ments of  S4.3.  The  agency  has  reviewed  S4.3  to 
determine  if  the  inclusion  of  attachment  hardware  in 
the  definition  of  "seat  belt  anchorage"  will  confuse  the 
means  of  measuring  the  location  of  the  anchorage. 
Except  as  noted  below,  the  agency  believes  that  the 
anchorage  locations  are  specified  by  means  that  are  not 
distorted  by  the  new  definition.  For  example,  S4.3.1.4 
uses  the  phrase  "the  vertical  centerlines  of  the  bolt 
holes."  a  location  which  is  constant  under  both  the 
current  definition  and  the  definition  in  this  final  rule. 

VW  stated  that,  in  S4.3. 1.1(a)  and  (b),  the  words 
"hardware  attaching  it  to  the"  should  be  deleted.  The 
agency  agrees  with  VW  that  these  words  are  super- 
fluous under  the  new  definition.  VW  also  stated  that 
references  to  the  anchorage  being  attached  to  the  seat 
in  S4.3.1.3  are  inconsistent  with  the  new  definition. 
Since  the  seat  would  be  considered  part  of  the  an- 
chorage in  this  situation,  the  agency  also  agrees  that 
this  section  should  be  revised.  The  agency  finds  for 
good  cause  that  notice  and  opportunity  to  comment  on 
these  amendments  is  not  necessary.  The  changes  are 
merely  semantic  and  do  not  affect  the  requirements  of 
these  sections. 

Buckles. 
Three  commenters  (Chrysler,  Ford,  and  VW)  noted 
that,  in  discussing  safety  belt  buckles  in  the  preamble, 
the  agency  stated  that  the  definition  of  "seat  belt  an- 
chorage" was  not  intended  to  include  buckles  surrounded 
by  webbing.  These  commenters  stated  that  this  discus- 
sion did  not  include  less  obvious  safety  belt  designs  per- 
mitted by  Standard  No.  209,  such  as  metal  straps. 

The  agency's  intent  in  the  discussion  of  the  NPRM 
preamble  was  to  clarify  that  the  definition  of  seat  belt 
anchorage  included  only  the  attachment  points  of  the 
seat  belt,  and  not  the  webbing,  straps  or  similar  device, 
or  the  buckles  which  comprise  the  seat  belt  itself.  This 
discussion  was  intended  to  clarify  that  the  phrase 
"other  than  the  safety  belt  webbing  or  strap"  was  not 


PART  571;  S210-PRE  71 


intended  to  imply  that  the  buckle  was  part  of  the  an- 
chorage. Since  the  webbing  and  straps  are  also  involved 
in  transferring  loads  to  the  vehicle  structure,  this 
phrase  was  intended  to  emphasize  that  they  were  not 
included  in  the  anchorage. 

Cross-Reference  in  207. 

Ford  stated  that  any  enforcement  questions  about 
the  scope  of  Standard  No.  210  for  seat-mounted  an- 
chorages could  be  resolved  by  cross-referencing  the  re- 
quirement in  S4.2(c)  of  Standard  No.  207  with  the 
requirement  for  simultaneous  testing  in  Standard  No. 
210.  The  agency  disagrees.  The  suggested  cross- 
reference  would  not  resolve  questions  that  have  aris- 
en for  seats  which  are  not  subject  to  the  requirements 
of  Standard  No.  207,  for  example,  seats  in  small  school 
buses.  The  suggested  cross-reference  would  also  not 
solve  the  problem  of  the  number  of  incomplete  tests 
which  result  when  attachment  hardware  breaks  dur- 
ing the  Standard  No.  210  tests.  Hence,  the  suggested 
cross-reference  is  not  adopted  in  this  rule. 

In  consideration  of  the  foregoing,  49  CFR  571.210 
is  amended  as  follows: 

S3  of  Standard  No.  210  is  revised  to  read  as 
follows: 

S3.  Definition.  "Seat  belt  anchorage"  means  any 
component,  other  than  the  webbing  or  straps,  involved 
in  transferring  seat  belt  loads  to  the  vehicle  structure, 
including,  but  not  limited  to,  the  attachment  hardware, 
seat  frames,  seat  pedestals,  the  vehicle  structure  itself, 
and  any  part  of  the  vehicle  whose  failure  causes  sepa- 
ration of  the  belt  from  the  vehicle  structure. 

3.  S4.3  of  Standard  No.  210  is  amended  by  revising 
S4.3.1.1  and  S4.3.1.3  to  read  as  follows: 


S4.3  Location. 


S4.3  1 .1  In  an  installation  in  which  the  seat  belt  does 
not  bear  upon  the  seat  frame: 

(a)  If  the  seat  is  a  nonadjustable  seat,  then  a  line 
from  the  seating  reference  point  to  the  nearest  con- 
tact point  of  the  belt  with  the  anchorage  shall  extend 
forward  from  the  anchorage  at  an  angle  v«th  the 
horizontal  of  not  less  than  30  degrees  and  not  more 
than  75  degrees. 

(b)  If  the  seat  is  an  adjustable  seat,  then  a  line  from 
a  point  2.50  inches  forward  of  and  0.375  inches  above 
the  seating  reference  point  to  the  nearest  contact  point 
of  the  belt  with  the  anchorage  shall  extend  forward 
from  the  anchorage  at  an  angle  with  the  horizontal  of 
not  less  than  30  degrees  and  not  more  than  75  degrees. 


S4.3.1.3  In  an  installation  in  which  the  seat  belt 
attaches  to  the  seat  structure,  the  line  from  the  seat- 
ing reference  point  to  the  nearest  contact  point  of  the 
belt  with  the  hardware  attaching  it  to  the  seat  struc- 
ture shall  extend  forward  from  that  contact  point  at 
an  angle  with  the  horizontal  of  not  less  than  30  degrees 
and  not  more  than  75  degrees. 

Issued  on:  November  27,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  63682 
December  5,  1991 


PART  571:  S210-PRE  72 


MOTOR  VEHICLE  SAFETY  STANDARD  NO.  210 

Seat  Belt  Assembly  Anchorages— Passenger  Cars,  Multipurpose 

Passenger  Vehicles,  Trucks,  and  Buses 

(Docket  No.  2-14;  Notice  No.  4) 


51.  Purpose  and  scope.  This  standard  estab- 
lishes requirements  for  seat  belt  assembly  anchor- 
ages to  insure  their  proper  location  for  effective 
occupant  restraint  and  to  reduce  the  likelihood  of 
their  failure. 

52.  Application.  This  standard  applies  to 
passenger  cars,  multipurpose  passenger  vehicles, 
trucks,  and  buses. 

53.  Definition.  "Seat  belt  anchorage"  means 
the  provision  for  transferring  seat  belt  assembly 
loads  to  the  vehicle  structure. 

54.  Requirements. 
S4.1     Type. 

54.1.1  Seat  belt  anchorages  for  a  Type  2  seat 
belt  assembly  shall  be  installed  for  each  foward- 
facing  outboard  designated  seating  position  in 
passenger  cars,  other  than  convertibles,  and  for 
each  designated  seating  position  for  which  a  Type 
2  seat  belt  assembly  is  required  by  Standard  No. 
208  (49  CFR  571.208)  in  vehicles  other  than 
passenger  cars.  Seat  belt  anchorages  for  a  Type  2 
seat  belt  assembly  shall  be  installed  for  each  rear 
forward-facing  outboard  designated  seating  posi- 
tion in  convertible  passenger  cars  manufactured 
on  or  after  September  1,  1991. 

54.1.2  Seat  belt  anchorages  for  a  Type  1  or  a 
Type  2  seat  belt  assembly  shall  be  installed  for  each 
designated  seating  position,  except  a  passenger 
seat  in  a  bus  or  a  designated  seating  position  for 
which  seat  belt  anchorages  for  a  Type  2  seat  belt 
assembly  are  required  by  S4.1.1. 

54.1.3  (a)  Notwithstanding  the  requirement  of 
S4.1.1,  each  vehicle  manufactured  on  or  after 
September  1,  1987,  that  is  equipped  with  an  auto- 
matic restraint  at  the  front  right  outboard  desig- 
nated seating  position,  which  automatic  restraint 
cannot  be   used   for   securing  a  child   restraint 


system  solely  through  the  use  of  attachment  hard- 
ware installed  as  an  item  of  original  equipment  by 
the  vehicle  manufacturer  shall  have,  at  the 
manufacturer's  option,  either  anchorages  for  a 
Type  1  seat  belt  assembly  installed  at  that  position 
or  a  Type  1  or  Type  2  seat  belt  assembly  installed 
at  the  position.  If  a  manufacturer  elects  to  install 
anchorages  for  a  Type  1  seat  belt  assembly  to  com- 
ply with  this  requirement,  those  anchorages  shall 
consist  of,  at  a  minimum,  holes  threaded  to  accept 
bolts  complying  with  S4.1(f)  of  Standard  No.  209 
(49  CFR  571.209). 

(b)  [The  requirement  in  S4.1.1  and  S4.1.2  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  seat  a  belt  assembly  that  meets  the  frontal 
crash  protection  requirements  of  S5.1  of  Standard 
No.  208  (49  CFR  571.208).  (56  F.R. 
63682— December  5,  1991.  Effective:  September  1, 
1992)1 


S4.2     Strength. 

S4.2.1  [Except  as  provided  in  S4.2.5,  and  ex- 
cept for  side-facing  seats,  the  anchorages,  attach- 
ment hardware,  and  attachment  bolts  for  any  of 
the  following  seat  belt  assemblies  shall  withstand  a 
5,000-pound  force  when  tested  in  accordance  with 
S5.1  of  this  standard:  (56  F.R.  63682— December  5, 
1991.  Effective:  September  1,  1992)] 

(a)  Type  1  seat  belt  assembly; 

(b)  Lap  belt  portion  of  either  a  Type  2  or 
automatic  seat  belt  assembly,  if  such  seat  belt 
assembly  is  voluntarily  installed  at  a  seating  posi- 
tion; and 

(c)  Lap  belt  portion  of  either  a  Type  2  or  auto- 
matic seat  belt  assembly,  if  such  seat  belt  assembly 
is  equipped  with  a  detachable  upper  torso  belt. 


(Rev.  12/5/91) 


PART  571;  S  210-1 


54.2.2  fExcept  as  provided  in  S4.2.5,  the  an- 
chorages, attachment  hardware,  and  attachment 
bolts  for  all  Type  2  and  automatic  seat  belt 
assemblies  that  are  installed  to  comply  with  Stan- 
dard No.  208  (49  CFR  571.208)  shall  withstand 
3,000-pound  forces  when  tested  in  accordance  with 
S5.2.  (56  F.R.  63682— December  5,  1991.  Effective: 
September  1,  1992)] 

54.2.3  Permanent  deformation  or  rupture  of  a 
seat  belt  anchorage  or  its  surrounding  area  is  not 
considered  to  be  a  failure,  if  the  required  force  is 
sustained  for  the  specified  time. 

54.2.4  [Anchorages,  attachment  hardware,  and 
attachment  bolts  shall  be  tested  by  simultaneously 
loading  them  in  accordance  with  the  applicable 
procedures  set  forth  in  S5  of  this  standard  if  the 
anchorages  are  either: 

(a)  for  designated  seating  positions  that  are 
common  to  the  same  occupant  seat  and  that  face  in 
the  same  direction,  or 

(b)  for  laterally  adjacent  designated  seating 
positions  that  are  not  common  to  the  same  occu- 
pant seat,  but  that  face  in  the  same  direction,  if  the 
vertical  centerline  of  the  bolt  hole  for  at  least  one 
of  the  anchorages  for  one  of  those  designated 
seating  positions  is  within  12  inches  of  the  vertical 
centerline  of  the  bolt  hole  for  for  an  anchorage  for 
one  of  the  adjacent  seating  positions.  (56  F.R.  63682— 
December  5,  1991.  Effective:  September  1,  1992)1 

[S4.2.5  The  attachment  hardware  of  a  seat  belt 
assembly,  which  is  subject  to  the  requirements  of 
S5.1  of  Standard  No.  208  (49  CFR  571.208)  by 
virtue  of  any  provision  of  Standard  No.  208  (49 
CFR  571.208)  by  virtue  of  any  provision  of  Stan- 
dard No.  208  other  than  S4.1. 2.1(c)(2)  of  that  stan- 
dard, does  not  have  to  meet  the  requirements  of 
S4.2.1  and  S4.2.2  of  this  standard.  (56  F.R. 
63682— December  5,  1991.  Effective:  September  1, 
1992)1 

S4.3  Location.  [As  used  in  this  section,  "for- 
ward" means  in  the  direction  in  which  the  seat 
faces,  and  other  directional  references  are  to  be  in- 
terpreted accordingly.  Anchorages  for  seat  belt 
assemblies  that  meet  the  frontal  crash  protection 
requirements  of  S5.1  of  Standard  No.  208  (49  CFR 
Part  571.208)  are  exempt  from  the  location  re- 
quirements of  this  section.  (56  F.R. 
63682— December  5,  1991.  Effective:  September  1, 
1992)1 


S4.3.1  Seat  belt  anchorages  for  Type  1  seat  belt 
assemblies  and  the  pelvic  portion  of  Type  2  seat 
belt  assemblies.  (55  F.R.  17970— April  30,  1990. 
Effective:  September  1,  1992)1 

S4.3.1.1  In  an  installation  in  which  the  seat  belt 
does  not  bear  upon  the  seat  frame: 

(a)  If  the  seat  is  a  nonadjustable  seat,  then  a  line 
from  the  seating  reference  point  to  the  nearest 
contact  point  of  the  belt  with  the  hardware  at- 
taching it  to  the  anchorage  shall  extend  forward 
from  the  anchorage  at  an  angle  with  the  horizontal 
of  not  less  than  30  degrees  and  not  more  than  75 
degrees. 

(b)  If  the  seat  is  an  adjustable  seat,  then  a  line 
from  a  point  2.50  inches  forward  of  and  0.375  inch 
above  the  seating  reference  point  to  the  nearest 
contact  point  of  the  belt  with  the  hardware  at- 
taching it  to  the  anchorage  shall  extend  forward 
from  the  anchorage  at  an  angle  with  the  horizontal 
of  not  less  than  30  degrees  and  not  more  than  75 


54.3.1.2  In  an  installation  in  which  the  belt 
bears  upon  the  seat  frame,  the  seat  belt  anchorage, 
if  not  on  the  seat  structure,  shall  be  aft  of  the  rear- 
most belt  contact  point  on  the  seat  frame  with  the 
seat  in  the  rearmost  position.  The  line  from  the 
seating  reference  point  to  the  nearest  belt  contact 
point  on  the  seat  frame,  with  the  seat  positioned  at 
the  seating  reference  point,  shall  extend  forward 
from  that  contact  point  at  an  angle  with  the 
horizontal  of  not  less  than  30°  and  not  more  than 
75°. 

54.3.1 .3  In  an  installation  in  which  the  seat  belt 
anchorage  is  on  the  seat  structure,  the  line  from 
the  seating  reference  point  to  the  nearest  contact 
point  of  the  belt  with  the  hardware  attaching  it  to 
the  anchorage  shall  extend  forward  from  that  con- 
tact point  at  an  angle  with  the  horizontal  of  not  less 
than  30°  and  not  more  than  75°. 

54.3.1.4  Anchorages  for  an  individual  seat  belt 
assembly  shall  be  located  at  least  6.50  inches  apart 
laterally,  measured  between  the  vertical  center- 
lines  of  the  bolt  holes. 

[S4.3.1.5  Notwithstanding  the  provisions  of 
S4.3.1.1  through  S4.3.1.4,  the  lap  belt  angle  for 
seats  behind  the  front  row  of  seats  shall  be  bet- 
ween 20  degrees  and  75  degrees  for  vehicles 
manufactured  between  September  1,  1992  and 
September  1,  1993.  (56  F.R.  63682— December  5, 
1991.  Effective:  September  1,  1992)1 


(Rev.  12/5/91) 


PART  571;  S  210-2 


S4.3.2  Seat  belt  anchorages  for  the  upper  torso 
portion  of  Type  2  seat  belt  assemblies.  [Adjust  the 
seat  to  its  full  rearward  and  downward  position 
and  adjust  the  seat  back  to  its  most  upright  posi- 
tion. With  the  seat  and  seat  back  so  positioned,  the 
seat  belt  anchorage  for  the  upper  end  of  the  upper 
torso  restraint  shall  be  located  within  the  accept- 
able range  shown  in  Figure  1,  with  reference  to  a 
two-dimensional  drafting  template  described  in 
SAE  Recommended  Practice  J826  (May  1987).  The 
template's  "H"  point  shall  be  at  the  design  "H" 
point  of  the  seat  for  its  full  rearward  and  full 
downward  position,  as  defined  in  SAE  Recom- 
mended Practice  JllOO  (June  1984),  and  the 
template's  torso  line  shall  be  at  the  same  angle 
from  the  vertical  as  the  seat  back.  (55  F.R. 
17970— April  30,  1990.  Effective:  September  1,  1992)1 

S5.  Test  procedures.  [Each  vehicle  shall  meet 
the  requirements  of  S4.2  of  this  standard  when 
tested  according  to  the  following  procedures. 
Where  a  range  of  values  is  specified,  the  vehicle 
shall  be  able  to  meet  the  requirements  at  all  points 
within  the  range.  For  the  testing  specified  in  these 
procedures,  the  anchorage  shall  be  connected  to 
material  whose  breaking  strength  is  equal  to  or 
greater  than  the  breaking  strength  of  the  webbing 
for  the  seat  belt  assembly  installed  as  original 
equipment  at  that  seating  position.  The  geometry 
of  the  attachment  duplicates  the  geometry,  at  the 
initiation  of  the  test,  of  the  attachment  of  the 
originally  installed  seat  belt  assembly.  (56  F.R. 
63682— December  5,  1991.  Effective:  September  1, 
1992)1 

S5.1  Seats  with  Type  1  or  Type  2  seat  belt  anchor- 
ages. [With  the  seat  in  its  rearmost  position, 
apply  a  force  of  5,000  pounds  in  the  direction  in 
which  the  seat  faces  to  a  pelvic  body  block  as 
described  in  Figure  2A,  in  a  plane  parallel  to  the 
longitudinal  centerline  of  the  vehicle,  with  an  in- 
itial force  application  angle  of  not  less  than  5 
degrees  nor  more  than  15  degrees  above  the 
horizontal.  Apply  the  force  at  the  onset  rate  of  not 
more  than  50,000  pounds  per  second.  Attain  the 
5,000  pound  force  in  not  more  than  30  seconds  and 
maintain  it  for  10  seconds.  At  the  manufacturer's 
option,  the  pelvic  body  block  described  in  Figure 
2B  may  be  substituted  for  the  pelvic  body  block 
described  in  Figure  2A  to  apply  the  specified  force 
to  the  center  set(s)  of  anchorages  for  any  group  of 
three  or  more  sets  of  anchorages  that  are 
simultaneously  loaded  in  accordance  with  S4.2.4  of 
this  standard.  (56  F.R.  63682— December  5,  1991.  Ef- 
fective: September  1.  1992)1 


S5.2    Seats  with  Type  2  seat  belt  anchorages. 

[With  the  seat  in  its  rearmost  position,  apply 
forces  of  3,000  pounds  in  the  direction  in  which  the 
seat  faces  simultaneously  to  a  pelvic  body  block,  as 
described  in  Figures  2A,  and  an  upper  torso  body 
block,  as  described  in  Figure  3,  in  a  plane  parallel 
to  the  longitudinal  centerline  of  the  vehicle,  with 
an  initial  force  application  angle  of  not  less  than  5° 
nor  more  than  15°  above  the  horizontal.  Apply  the 
forces  at  the  onset  rate  of  not  more  than  30,000 
pounds  per  second.  Attain  the  3,000-pound  forces 
in  not  more  than  30  seconds  and  maintain  it  for  10 
seconds.  At  the  manufacturer's  option,  the  pelvic 
body  block  described  in  Figure  2B  may  be 
substituted  for  the  pelvic  body  block  described  in 
Figure  2A  to  apply  the  specified  force  to  the  center 
set(s)  of  anchorages  for  any  group  of  three  or  more 
sets  of  anchorages  that  are  simultaneously  loaded 
in  accordance  with  S4.2.4  of  this  standard.  (56  F.R. 
63682— December  5,  1991.  Effective:  September  1, 
1992)1 

86.  Owner's  Manual  Information.  The  owner's 
manual  in  each  vehicle  with  GVWR  of  10,000 
pounds  or  less,  manufactured  after  September  1, 
1987,  shall  include: 

(a)  A  section  explaining  that  all  child  restraint 
systems  are  designed  to  be  secured  in  vehicle  seats 
by  lap  belts  or  the  lap  belt  portion  of  a  lap-shoulder 
belt.  The  section  shall  also  explain  that  children 
could  be  endangered  in  a  crash  if  their  child 
restraints  are  not  properly  secured  in  the  vehicle. 

(b)  In  a  vehicle  with  rear  designated  seating 
positions,  a  statement  alerting  vehicle  owners 
that,  according  to  accident  statistics,  children  are 
safer  when  properly  restrained  in  the  rear  seating 
positions  than  in  the  front  seating  positions. 

(c)  In  each  passenger  car,  a  diagram  or 
diagrams  showing  the  location  of  the  shoulder  belt 
anchorages  required  by  this  standard  for  the  rear 
outboard  designated  seating  positions,  if  shoulder 
belts  are  not  installed  as  items  of  original 
equipment  by  the  vehicle  manufacturer  at  those 
positions. 

S7.  Installation  Instructions.  The  owner's  man- 
ual in  each  vehicle  manufactured  on  or  after 
September  1,  1987,  with  an  automatic  restraint  at 
the  front  right  outboard  designated  seating  posi- 
tion that  cannot  be  used  to  secure  a  child  restraint 
system  when  the  automatic  restraint  is  adjusted  to 


(Rev.  12/5/91) 


PART  571;  S  210- 


meet  the  performance  requirements  of  S5.1  of 
Standard  No.  208  shall  have: 

(a)  A  statement  that  the  automatic  restraint  at 
the  front  right  outboard  designated  seating  posi- 
tion cannot  be  used  to  secure  a  child  restraint  and, 
as  appropriate,  one  of  the  following  three 
statements: 

(1)  A  statement  that  the  automatic  restraint 
at  the  front  right  outboard  designated  seating 
position  can  be  adjusted  to  secure  a  child 
restraint  system  using  attachment  hardware  in- 
stalled as  original  equipment  by  the  vehicle 
manufacturer; 

(2)  A  statement  that  anchorages  for  installa- 
tion of  a  lap  belt  to  secure  a  child  restraint 
system  have  been  provided  at  the  front  right  out- 
board designated  seating  position;  or 

(3)  A  statement  that  a  lap  or  manual  lap  or 
lap/shoulder  belt  has  been  installed  by  the  vehicle 
manufacturer  at  the  front  right  outboard 
designated  seating  position  to  secure  a  child 
restraint. 

(b)  In  each  vehicle  in  which  a  lap  or  lap/shoulder 
belt  is  not  installed  at  the  front  right  outboard 
designated  seating  position  as  an  item  of  original 
equipment,  but  the  automatic  restraint  at  that 
position  can  be  adjusted  by  the  vehicle  owner  to 
secure  a  child  restraint  system  using  an  item  or 
items  of  original  equipment  installed  in  the  vehicle 
by  the  vehicle  manufacturer,  the  owner's  manual 
shall  also  have: 


(1)  A  diagram  or  diagrams  showing  the  loca- 
tion of  the  attachment  hardware  provided  by  the 
vehicle  manufacturer. 

(2)  A  step-by-step  procedure  with  a  diagram  or 
diagrams  showing  how  to  modify  the  automatic 
restraint  system  to  secure  a  child  restraint 
system.  The  instructions  shall  explain  the  proper 
routing  of  the  attachment  hardware. 

(c)  In  each  vehicle  in  which  the  automatic 
restraint  at  the  front  right  outboard  designated 
seating  position  cannot  be  modified  to  secure  a 
child  restraint  system  using  attachment  hardware 
installed  as  an  original  equipment  by  the  vehicle 
manufacturer  and  a  manual  lap  or  lap/shoulder  belt 
is  not  installed  as  an  item  of  original  equipment  by 
the  vehicle  manufacturer,  the  owner's  manual  shall 
also  have: 

(1)  A  diagram  or  diagrams  showing  the  loca- 
tions of  the  lap  belt  anchorages  for  the  front 
right  outboard  designated  seating  position. 

(2)  A  step-by-step  procedure  and  a  diagram  or 
diagrams  for  installing  the  proper  lap  belt  an- 
chorage hardware  and  a  Type  1  lap  belt  at  the 
front  right  outboard  designated  seating  position. 
The  instructions  shall  explain  the  proper  routing 
of  the  seat  belt  assembly  and  the  seat  belt  attach- 
ment of  the  assembly  to  the  lap  belt  anchorages. 

Issued  on  August  12,  1986 

51  F.R.  29552 
August  19,  1986 


PART  571;  S  210-4 


PART  571;  S  210-ART  PAGE  1 


H 


|-^-  2.00 


T     k  5.26  -^\^     1 


20.00 


^ 


.94 
(TYP) 


Figure  2A  -  Body  Block  for  Lap  Belt  Anchorage 


1.94R   Jf 
(TYP) 


0.75  Diam. 
Thru  Hole 


'3  yiam.  2.00R  , 

hruHole  y  — ►]   3.34    -^— 

\xy  7  00R  f i-T- 

4-.^    1^2.00  T     ^5.26^\     ,94 

-* 13    *■  (TYP) 


Notes: 

1 .  Block  covered  by 

1  00  med,  density  canvas 
covered  foam  rubber 

2.  All  dimensions  in  inches 


Notes: 

1 .  Block  covered  by 
1.00  med.  density  canvas 
covered  foam  rubber 

2.  All  dimensions  in  inches 


Figure  2B  -  Optional  Body  Block  for  Center  Seating  Positions 

PART  571;  S  210-ART  PAGE  2 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  531 

Passenger  Automobile  Average  Fuel  Economy  Standards 

(Docket  No.  LVM  89-01;  Notice  10) 


ACTION:    Final  rule. 

SUMMARY:  This  decision  is  issued  in  response  to  a 
petition  filed  by  Dutcher  Motors,  Inc.  (Dutcher) 
requesting  that  it  be  exempted  from  the  generally 
applicable  average  fuel  economy  standard  of  27.5  miles 
per  gallon  (mpg)  for  model  year  (MY)  1992  passenger 
automobiles,  and  that  a  lower  alternative  standard  be 
established  for  it  for  each  of  these  model  years.  This 
decision  exempts  Dutcher  and  establishes  an  alternate 
standard  of  17.0  mpg  for  each  of  MY  1992.  The  deci- 
sion was  preceded  by  publication  of  a  notice  request- 
ing public  comments. 

EFFECTIVE  DATE:  June  3,  1991.  Thie  exemption  and 
the  alternative  standard  apply  to  Dutcher  for  MY  1992. 

SUPPLEMENTARY  INFORMATION:  NHTSA  is  exempt- 
ing Dutcher  from  the  generally  applicable  average  fuel 
economy  standard  for  1992  model  year  passenger  au- 
tomobiles and  establishing  an  alternative  standard  ap- 
plicable to  Dutcher  for  that  model  year.  This  exemption 
is  issued  under  the  authority  of  section  502(c)  of  the 
Motor  Vehicle  Information  and  Cost  Savings  Act,  as 
amended  (the  Act)  (15  U.S.C.  2002(c)).  Section  502(c) 
provides  that  a  passenger  automobile  manufacturer 
which  manufactures  fewer  than  10,000  passenger  auto- 
mobiles annually  may  be  exempted  from  the  generally 
applicable  average  fuel  economy  standard  for  a 
particular  model  year  if  that  standard  is  greater  than 
the  low  volume  manufacturer's  maximum  feasible 
average  fuel  economy  and  if  NHTSA  establishes  an 
alternative  standard  for  the  manufacturer  at  its 
maximum  feasible  level.  Section  502(e)  of  the  Act  (15 
U.S.C.  2002(e))  requires  NHTSA,  in  determining 
maximum  feasible  average  fuel  economy,  to  consider: 

(1)  Technological  feasibility; 

(2)  Economic  practicability; 

(3)  The  effect  of  other  Federal  motor  vehicle 
standards  on  fuel  economy;  and 

(4)  The  need  of  the  Nation  to  conserve  energy. 

This  final  decision  was  preceded  by  a  proposed  deci- 
sion announcing  the  agency's  tentative  conclusion  that 
Dutcher  should  be  exempted  from  the  generally 
applicable  MY  1992  passenger  automobile  average  fuel 
economy  standard  of  27.5  mpg,  and  that  an  alterna- 
tive standard  of  17.0  mpg  should  be  established  for 


Dutcher  for  each  of  these  model  years  (56  FR  3441, 
January  30,  1991).  No  comments  were  received  on  the 
proposed  decision. 

The  agency  is  adopting  the  tentative  conclusions  set 
forth  in  the  proposed  decision  as  its  final  conclusions, 
for  the  reasons  set  forth  in  the  proposed  decision. 
Based  on  the  conclusions  that  the  maximum  feasible 
average  fuel  economy  level  for  Dutcher  in  each  of  MYs 
1993,  1994,  and  1995  is  17.0  mpg,  that  other  Federal 
motor  vehicle  standards  will  not  affect  achievable  fuel 
economy  beyond  the  extent  considered  in  the  proposed 
decision,  and  that  the  national  effort  to  conserve 
energy  will  not  be  affected  by  granting  this  exemption, 
NHTSA  hereby  exempts  Dutcher  from  the  generally 
applicable  passenger  automobile  average  fuel  economy 
standard  for  the  1992  model  year  and  establishes  an 
alternative  standard  of  17.0  miles  per  gallon  for 
Dutcher  for  each  of  these  years. 

Section  531.5  is  amended  by  revising  paragraph 
(bXll);  the  introductory  text  of  paragraph  (b)  is  repub- 
lished to  read  as  follows: 

§  531.5  Fuel  economy  standards. 

(6)  The  following  manufacturers  shall  comply  with 
the  standards  indicated  below  for  the  specified  model 
years: 

(11)  Dutcher  Motors,  Inc. 


Model  ' 

V'ear 

Average  Fuel  Economy  Standard 
(miles  per  gallon) 

1986 

16.0 

1987 

16.0 

1988 

16.0 

1992 

17.0 

1993 

17.0 

1994 

17.0 

1995 

17.0 

Issued  on:  August  1,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  20362 
May  3,  1991 


PART  531-PRE  185- 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  556 

Exemption  for  Inconsequential  Defect  or  Noncompliance 

(Docket  No.  75-21;  Notice  3) 
RIN:  2127-AE30 


ACTION:    Final  rule. 

SUMMARY:  A  manufacturer  which  determines  that  its 
motor  vehicle  or  motor  vehicle  equipment  fails  to 
comply  with  a  Federal  motor  vehicle  safety  standard 
or  contains  a  safety-related  defect  may,  under  Part  556, 
Exemption  for  Inconsequential  Defect  or  Noncom- 
pliance, petition  to  be  exempted  from  the  obligation 
under  the  National  Traffic  and  Motor  Vehicle  Safety 
Act  to  notify  owners  and  remedy  the  noncompliance 
or  defect,  upon  a  showing  that  the  noncompliance  or 
defect  is  inconsequential  as  it  relates  to  motor  vehicle 
safety.  Under  Part  573,  Defect  and  Noncompliance 
Reports,  a  manufacturer  making  a  noncomplance  or 
defect  determination  must,  within  5  working  days  of 
that  determination,  file  a  report  with  NHTSA.  The 
final  rule  adopted  by  this  notice  requires  a  manufac- 
turer petitioning  under  Part  556  to  attach  a  copy  of 
its  Part  573  report  with  its  petition. 

EFFECTIVE  DATE:    January  22,  1992. 

SUPPLEMENTARY  INFORMATION: 

Under  49  CFR  573.5(a),  "Each  manufacturer  shall 
furnish  a  report  to  the  NHTSA"  for  each  noncompli- 
ance with  a  Federal  motor  vehicle  safety  standard  or 
each  safety  related  defect  in  the  vehicles  or  motor 
vehicle  equipment  that  he  manufactures  "that  he  or  the 
Administrator  determines  to  exist."  Section  573.5(b) 
requires  that  the  manufacturer  submit  the  report  "not 
more  than  5  working  days  after"  a  noncompliance  or 
safety  related  defect  "has  been  determined  to  exist." 
A  manufacturer  making  such  a  determination  is 
required  by  the  National  Traffic  and  Motor  Vehicle 
Safety  Act  to  notify  its  purchasers  and  to  remedy  the 
noncompliance  or  the  safety  related  defect.  However, 
under  49  CFR  556.4(a),  the  manufacturer  may  file  a 
petition  with  the  Administrator  for  a  determination 
that  the  noncompliance  or  safety  related  defect  is 
inconsequential  as  it  relates  to  motor  vehicle  safety. 
Such  petition  must  be  filed  within  30  days  after  the 
determination.  If  the  petition  is  granted,  the  manu- 
facturer is  excused  from  the  obligation  to  notify  and 
remedy. 


It  is  clear  that  if  a  noncompliance  or  safety  related 
defect  does  not  exist,  the  obligation  to  notify  and 
remedy  does  not  arise.  Thus,  section  556.4(a)  extends 
the  right  to  petition  only  to  "A  manufacturer  who  has 
determined  the  existence,  in  a  motor  vehicle  or  item 
of  replacement  equipment  that  he  produces,  of  a  defect 
related  to  motor  vehicle  safety  or  a  noncompliance  with 
an  applicable  Federal  motor  vehicle  safety  stan- 
dard .  .  .  ."  In  other  words,  the  right  extends  only  to 
a  manufacturer  which  has  the  related  obligation  to  file 
a  Part  573  report. 

On  occasion,  the  fact  that  a  manufacturer  must  de- 
termine the  existance  of  a  noncompliance  before  the 
manufacturer  can  file  a  Part  556  petition  does  not 
appear  clear  to  manufacturers  seeking  an  inconsequen- 
tiality  determination.  When  the  agency  receives  a 
petition,  but  no  Part  573  report  relating  to  the  non- 
compliance or  defect  forming  the  basis  for  the  petition, 
the  agency  must  take  time  to  obtain  the  manufacturer's 
determination  of  noncompliance  before  it  can  consider 
the  petition.  This  delay  is  not  in  the  interest  of  safety 
in  those  instances  in  which  the  Administrator  ulti- 
mately denies  the  petition  because  it  is  important  that 
notification  and  remedy  begin  as  soon  as  practicable 
after  the  denial.  Although  the  agency  believes  that  the 
relationship  between  Part  573  and  Part  556  is  presently 
unambiguous,  it  wishes  to  make  the  relationship  even 
clearer  by  explicitly  providing  in  Part  556  that  a 
petitioning  manufacturer  is  required  to  submit  a  copy 
of  its  Part  573  report  as  part  of  its  petition.  It  is  there- 
fore adding  that  requirement  as  Section  556.4(bX6)  (the 
regulation  already  requires  the  manufacturer  to  sub- 
mit its  petition  in  three  copies;  thus,  three  copies  of 
the  report  will  also  be  required). 

In  accordance  with  5  U.S.C.  553(b)(3)(A)  and  (B), 
because  the  amendment  is  procedural  in  nature  and 
does  not  alter  the  existing  requirement  to  submit  Part 
573  reports  containing  defect  or  noncompliance  deter- 
minations, it  is  hereby  found  for  good  cause  shown  that 
notice  and  public  procedure  thereon  are  unnecessary, 
and  the  amendment  is  effective  thirty  days  after  its 
publication  in  the  Federal  Register. 


PART  556-PRE  5 


In  consideration  of  the  foregoing,  49  CFR  5556  is         safety  related  defect  or  noncompliance  with  an  applica- 
amended  as  follows:  ble  safety  standard  that  is  the  subject  of  the  petition." 

In  Section  556.4(b),  new  subsection  (6)  is  added  to 
read:  "(6)  Be  accompanied  by  three  copies  of  the  report  ^^^"^^  O"  December  16,  1991. 

the  manufacturer  has  submitted,  or  is  submitting,  to 

NHTSA  in  accordance  with  Part  573  of  this  chapter,  56  p.R.  66374 

relating  to  its  determination  of  the  existence  of  the  December  23,  1991 


PART  556-PRE  6 


PART  556-EXEMPTION   FOR  INCONSEQUENTIAL  DEFECT  OR  NONCOMPLIANCE 


§  556.1     Scope. 

This  part  sets  forth  procedures,  pursuant  to 
section  157  of  the  Act,  for  exempting  manufac- 
turers of  motor  vehicles  and  replacement  equip- 
ment from  the  Act's  notice  and  remedy 
requirements  when  a  defect  or  noncompliance  is 
determined  to  be  inconsequential  as  it  relates  to 
motor  vehicle  safety. 

§  556.2     Purpose. 

The  purpose  of  this  part  is  to  enable  manufac- 
turers of  motor  vehicles  and  replacement  equip- 
ment to  petition  the  NHTSA  for  exemption  from 
the  notification  and  remedy  requirements  of  the 
Act  due  to  the  inconsequentiality  of  the  defect  or 
noncompliance  as  it  relates  to  motor  vehicle 
safety,  and  to  give  all  interested  persons  an  op- 
portunity for  presentation  of  data,  views,  and 
arguments  on  the  issue  of  inconsequentiality. 

§  556.3     Application. 

This  part  applies  to  manufacturers  of  motor 
vehicles  and  replacement  equipment. 

§  556.4     Petition  for  exemption. 

(a)  A  manufacturer  who  has  determined  the 
existence,  in  a  motor  vehicle  or  item  of  replace- 
ment equipment  that  he  produces,  of  a  defect 
related  to  motor  vehicle  safety  or  a  noncompli- 
ance with  an  applicable  Federal  motor  vehicle 
safety  standard,  or  who  has  received  notice  of  an 
initial  determination  by  the  NHTSA  of  the 
existence  of  a  defect  related  to  motor  vehicle 
safety  or  a  noncompliance,  may  petition  for 
exemption  from  the  Act's  notification  and  remedy 
requirements  on  the  grounds  that  the  defect  or 
noncompliance  is  inconsequential  as  it  relates  to 
motor  vehicle  safety. 


(b)  Each  petition  submitted  under  this  part 
shall- 

(1)  Be  written  in  the  English  language; 

(2)  Be  submitted  in  three  copies  to:  Admin- 
istrator, National  Highway  Traffic  Safety  Ad- 
ministration, Washington,  D.C.  20590; 

(3)  State  the  full  name  and  address  of  the 
applicant,  the  nature  of  its  organization  (e.g., 
individual,  partnership,  or  corporation)  and  the 
name  of  the  State  or  country  under  the  laws  of 
which  it  is  organized. 

(4)  Describe  the  motor  vehicle  or  item  of 
replacement  equipment,  including  the  number  in- 
volved and  the  period  of  production,  and  the 
defect  or  noncompliance  concerning  which  an 
exemption  is  sought;  and 

(5)  Set  forth  all  data,  veiws,  and  arguments 
of  the  petitioner  supporting  his  petition. 

1(6)  Be  accompanied  by  three  copies  of  the  re- 
port the  manufacturer  has  submitted,  or  is  sub- 
mitting, to  NHTSA  in  accordance  with  Part  573  of 
this  chapter,  relating  to  its  determination  of  the 
existence  of  the  safety  related  defect  or  noncom- 
pliance with  an  applicable  safety  standard  that  is 
the  subject  of  the  petition."  (56  F.R.  66374— Dec- 
ember 23,  1991.  Effective:  January  22,  1992.)! 

(c)  In  the  case  of  defects  related  to  motor 
vehicle  safety  or  noncompliances  determined  to 
exist  by  a  manufacturer,  petitions  under  this  part 
must  be  submitted  not  later  than  30  days  after 
such  determination.  In  the  case  of  defects  re- 
lated to  motor  vehicle  safety  or  noncompliances 
initially  determined  to  exist  by  the  NHTSA, 
petitions  must  be  submitted  not  later  than  30  days 
after  notification  of  the  determination  has  been 
received  by  the  manufacturer.  Such  a  petition 
will  not  constitute  a  concession  by  the  manufac- 
turer of,  nor  will  it  be  considered  relevant  to,  the 


(Rev.  12/23/91) 


PART  556-1 


turer  of,  nor  will  it  be  considered  relevant  to,  the 
existence  of  a  defect  related  to  motor  vehicle 
safety  or  a  nonconformity. 

§  556.5     Processing  of  petition. 

(a)  The  NHTSA  publishes  a  notice  of  each 
petition  in  the  Federal  Register.  Such  notice 
includes: 

(1)  A  brief  summary  of  the  petition; 

(2)  A  statement  of  the  availability  of  the 
petition  and  other  relevant  information  for  pub- 
lic inspection;  and 

(3)  (i)  In  the  case  of  a  defect  related  to 
motor  vehicle  safety  or  a  noncompliance  deter- 
mined to  exist  by  the  manufacturer,  an  invitation 
to  interested  persons  to  submit  written  data, 
views,  and  arguments  concerning  the  petition, 
and,  upon  request  by  the  petitioner  or  interested 
persons,  a  statement  of  the  time  and  place  of  a 
public  meeting  at  which  such  materials  may  be 
presented  orally  if  any  person  so  desires. 

(ii)  In  the  case  of  a  defect  related  to 
motor  vehicle  safety  or  a  noncompliance  initially 
determined  to  exist  by  the  NHTSA,  an  invitation 
to  interested  persons  to  submit  written  data, 
views,  and  arguments  concerning  the  petition  or 
to  submit  such  data,  views,  and  arguments  orally 
at  the  meeting  held  pursuant  to  section  152(a) 
of  the  Act  following  the  initial  determination,  or 
at  a  separate  meeting  if  deemed  appropriate  by 
the  agency. 

§  556.6     Meetings. 

(a)  At  a  meeting  held  under  this  part,  any 
interested  person  may  make  oral  (as  well  as 
written)  presentations  of  data,  views,  and  argu- 
ments on  the  question  of  whether  the  defect  or 
noncompliance  described  in  the  Federal  Register 
notice  is  inconsequential  as  it  relates  to  motor 
vehicle  safety. 

(b)  Sections  556  and  557  of  Title  5,  United 
States  Code,  do  not  apply  to  any  meeting  held 
under  this  part.  Unless  otherwise  specified,  any 
meeting  held  under  this  part  is  an  informal, 
nonadversary,  fact-finding  proceeding,  at  which 
there  are  no  formal  pleadings  or  adverse  parties. 
A  decision  to  grant  or  deny  a  petition,  after  a 
meeting  on  such  petition,  is  not  necessarily 
exclusively  on  the  record  of  the  meeting. 


(c)  The  Administrator  designates  a  represen- 
tative to  conduct  any  meeting  held  under  this 
part.  The  Chief  Counsel  designates  a  member 
of  his  staff  to  serve  as  legal  officer  at  the  meeting. 
A  transcript  of  the  proceeding  is  kept  and  ex- 
hibits may  be  kept  as  part  of  the  transcript. 

§  556.7     Disposition  of  petition. 

Notice  of  either  a  grant  or  denial  of  a  petition 
for  exemption  from  the  notice  and  remedy  re- 
quirements of  the  Act  based  upon  the  inconse- 
quentiality  of  a  defect  or  noncompliance  is  issued 
to  the  petitioner  and  published  in  the  Federal 
Register.  The  effect  of  a  grant  of  a  petition  is 
to  relieve  the  manufacturer  from  any  further  re- 
sponsibility to  provide  notice  and  remedy  of  the 
defect  or  noncompliance.  The  effect  of  a  denial 
is  to  continue  in  force,  as  against  a  manufacturer, 
all  duties  contained  in  the  Act  relating  to  notice 
and  remedy  of  the  defect  or  noncompliance.  Any 
interested  person  may  appeal  the  grant  or  denial 
of  a  petition  by  submitting  written  data,  views, 
or  arguments  to  the  Administrator. 

§  556.8     Rescission  of  decision. 

The  Administrator  may  rescind  a  grant  or  de- 
nial of  an  exemption  issued  under  this  part  any 
time  after  the  receipt  of  new  data  and  notice  and 
opportunity  for  comment  thereon,  in  accordance 
with  §  556.5  and  §  556.7. 

§  556.9     Public  inspection  of  relevant  information. 

Information  relevant  to  a  petition  under  this 
part,  including  the  petition  and  supporting  data, 
memoranda  of  informal  meetings  with  the  peti- 
tioner or  any  other  interested  person  concerning 
the  petition,  and  the  notice  granting  or  denying 
the  petition,  are  available  for  public  inspection 
in  the  Docket  Section,  Room  5108,  National 
Highway  Traffic  Safety  Administration,  400 
Seventh  Street,  S.W.,  Washington,  D.C.  20590. 
Copies  of  available  information  may  be  obtained 
in  accordance  with  Part  7  of  the  regulations  of 
the  Office  of  the  Secretary  of  Transportation  (49 
CFR  Part  7). 

42  F.R.  7147 
February  7, 1977 


PART  556-2 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  575 
Consumer  Information  Regulations;  Uniform  Tire  Quality  Grading  Standards 

(Docket  No.  25;  Notice  65) 
RIN:  2127-AE-02 


ACTION:  Final  rule;  response  to  petitions  for  recon- 
sideration. 

SUMMARY:  This  notice  amends  certain  provisions  of 
the  Uniform  Tire  Quality  Grading  Standards  (UTQGS), 
by  rescinding  the  initial  30-day  effective  date  concern- 
ing tire  rotation  in  treadwear  convoys  and  adopting  a 
new  effective  date  of  September  1,  1993.  Based  on  its 
further  review,  the  agency  has  determined  that  the 
final  rule  provided  insufficient  leadtime  to  require  tire 
rotation  among  vehicles  in  treadwear  convoys.  This  no- 
tice also  postpones  the  effective  date  for  the  provision 
regarding  assigning  treadwear  grades  in  20-point  in- 
tervals until  September  1,  1993.  The  agency  believes 
that  this  additional  leadtime  will  reduce  the  costs  of 
this  amendment.  Finally,  this  notice  responds  to  other 
issues  raised  in  petitions  for  reconsideration  by  clarify- 
ing the  amendment  to  the  wheel  alignment  specifica- 
tion and  denjring  a  request  to  modify  the  simplified 
grading  method. 

EFFECTIVE  DATES:  The  amendment  in  amendatory 
instruction  3  to  §  575.104(eXl)  and  (eX2Xi)-(viii)  is 
effective  June  11,  1991,  through  August  31,  1993. 

The  amendments  in  amendatory  instruction  3A  to  § 
575.104(eXl)  and  (eX2XiHviii)  become  effective  on  Sep- 
tember 1, 1993.  Tires  manufactured  before  September 
1,  1993,  may  comply  with  the  post-September  1993 
requirements  for  tire  rotation  among  treadwear  con- 
voy vehicles. 

The  amendments  to  §§  575.104(d)(2)(l)  and 
575.104(eX2XixXF)  become  effective  on  September  1, 
1993. 

SUPPLEMENTARY  INFORMATION: 

Background  Information 
Under  the  Uniform  Tire  Quality  Grading  Standards 
(UTQGS),  manufacturers  or  brand  name  owners  of  pas- 
senger car  tires  are  required  to  provide  consumers  with 
information  about  their  tires'  relative  performance  in 
terms  of  treadwear,  traction,  and  temperature 
resistance  (49  CFR  §575.104).  The  primary  purpose  of 
jthe  treadwear  grades  is  to  aid  consumers  in  the 
selection  of  new  tires  by  informing  them  of  the  rela- 


tive amount  of  expected  tread  life  for  each  tire  offered 
for  sale. 

The  treadwear  grades  are  based  on  the  test  results 
of  tires  on  vehicles  traveling  6,400  miles  over  a 
predetermined  outdoor  course  on  public  roads  near  San 
Angelo,  Texas.  In  order  to  compare  candidate  tire  per- 
formances measured  at  different  times  under  differ- 
ent road  conditions,  there  must  be  a  correction  of  test 
results  to  account  for  the  effects  of  the  particular 
environmental  conditions  of  each  test.  This  correction 
is  accomplished  by  including  "course  monitoring  tires" 
(CMTs)  in  all  treadwear  test  fleets.  The  treadwear  of 
the  GMT  reflects  changes  in  course  severity  due  to  fac- 
tors such  as  road  surface  wear  and  environmental  con- 
ditions. Differences  between  the  wear  rate  of  the  CMT 
under  the  set  of  conditions  experienced  by  test  fleets 
versus  a  base  wear  rate  (explained  further  later  in  this 
notice)  for  the  CMT  are  used  to  adjust  the  measured 
treadwear  of  the  candidate  tires. 

Until  very  recently,  treadwear  test  convoys  consisted 
of  one  rear- wheel-drive  passenger  car  with  four  CMTs 
and  up  to  three  other  rear-wheel-drive  passenger  cars 
with  candidate  tires  of  the  same  construction  type  (49 
CFR  §575.104(eXl)-(2)).  After  each  800  miles  of  the 
test,  each  tire's  tread  depth  was  measured,  the  tires 
on  each  car  were  rotated  to  a  different  position  on  the 
same  car,  the  order  of  the  cars  in  the  convoy  was 
changed,  and  the  wheel  alignments  were  readjusted  if 
necessary  to  bring  them  within  the  ranges  of  the  vehi- 
cle manufacturer's  specifications.  At  the  end  of  the 
16-circuit  test,  each  tire's  overall  wear  rate  was  calcu- 
lated from  the  tread  depths  measured  after  each  in- 
terval by  using  the  regression  line  technique  in 
Appendix  C  of  §575.104.  The  tires  were  then  assigned 
treadwear  grades  in  10-point  intervals. 

On  January  19,  1989,  NHTSA  issued  a  notice  of  pro- 
posed rulemaking  (NPRM),  proposing  four  changes 
that  the  agency  tentatively  concluded  would  make 
treadwear  grades  more  representative  by  reducing  the 
variability  or  simplifying  the  calculations  related  to 
these  grades  (54  FR  2167).  Less  variability  in  tread- 
wear test  results  would  provide  consumers  with  more 
precise  information  about  relative  tread  life  of  differ- 
ent tires. 


PART  575-PRE  175 


These  proposals  were  adopted  in  a  final  rule  issued 
on  November  15,  1990  (55  FR  47765).  First,  the  new 
rule  amended  the  requirements  about  the  wheel  align- 
ment of  test  vehicles  so  that  they  are  set  more  pre- 
cisely, based  on  the  vehicle  manufacturer's  specifi- 
cations. Second,  the  rule  amended  the  requirements 
about  tire  rotation  so  that  all  tires,  both  candidate  tires 
and  CMTs,  in  a  treadwear  convoy  are  to  be  driven  on 
each  wheel  position  on  each  vehicle  the  same  distance. 
Third,  the  rule  amended  the  requirements  to  permit 
a  simplified  method  for  treadwear  grading  so  that  tire 
tread  depth  measurements  may  be  taken  twice  instead 
of  nine  times.  Fourth,  it-amended  the  requirements  to 
replace  the  previous  practice  of  assigning  grades  in 
10-point  intervals  to  reflect  the  differences  in  tread- 
wear with  a  new  practice  of  assigning  grades  in 
20-point  intervals.  The  first  three  amendments  became 
effective  on  December  17,  1990.  The  fourth  amend- 
ment was  set  to  take  effect  on  November  15,  1991. 

Petitions  for  Reconsideration 
In  response  to  the  final  rule,  the  agency  received 
petitions  for  reconsideration  from  the  Rubber  Manufac- 
turers Association  (RMA),  Standards  Testing  Labora- 
tories (STL),  Texas  Test  Fleet,  Long  and  Associates, 
and  Smithers  Scientific  Services.  This  notice  responds 
to  the  petitions  for  reconsideration. 

Wheel  Alignment  Specification 
The  previous  UTQGS  provisions  required  wheel 
alignment  to  be  adjusted,  as  specified  by  the  vehicle 
manufacturer.  Thus,  alignment  factors  could  vary  with 
the  range  specified  by  the  manufacturer.  To  reduce 
variability,  the  final  rule  prescribed  exact  alignment 
settings  rather  than  a  range. 

In  their  petitions  for  reconsideration,  Smithers  and 
RMA  commented  that,  because  no  ali^ment  equip- 
ment can  be  perfectly  accurate,  all  such  equipment  per- 
mit an  allowable  tolerance.  Accordingly,  they  requested 
that  the  wheel  alignment  requirements  be  modified  to 
account  for  this  limitation  by  including  the  phrase 
"within  the  capability  of  the  equipment  used." 

Upon  reconsideration,  the  agency  recognizes  that 
vehicle  alignment  factors  set  to  the  mid-point  of  the 
manufacturer's  specifications  or  to  the  manufacturer's 
recommended  tolerance  cannot  be  absolute,  given  the 
physical  limitations  of  alignment  machines.  Despite 
these  limitations,  these  settings  can  be  made  within  the 
tolerances  of  the  alignment  machines.  To  accommodate 
this  situation,  the  agency  has  decided  to  add  the 
sentence— "In  all  cases,  the  setting  is  within  the  toler- 
ance specified  by  the  manufacturer  of  the  alignment 
machine"— to  the  provisions  that  address  wheel  align- 
ment (575.104XeX2Xiv),  (eX2Xvii),  and  (eX2XviiiXC)  and 
(D)). 

Tire  Rotation  Among  Convoy  Vehicles 

The  previous  UTQGS  provisions  required  that  tires 

be  rotated  to  each  wheel  position  on  a  given  passenger 


car  in  a  treadwear  test  convoy  (575.104(e)).  However, 
tires  were  not  required  to  be  rotated  to  other  cars  in 
a  convoy. 

In  the  November  15,  1990  final  rule,  the  agency 
amended  575.104(e)  to  require  tires  to  be  rotated 
among  convoy  vehicles  so  that  each  tire  is  at  each  wheel 
position  in  the  test  convoy  for  the  same  distance.  The 
agency  believed  that  this  amendment  would  limit  the 
effects  of  vehicle  and  driver  variability.  At  the  time, 
the  agency  believed  that  the  amendment  would  be 
feasible  and  would  not  impose  significant  hardships, 
even  for  tires  that  were  not  14  inches  in  diameter. 

In  their  petitions  for  reconsideration,  all  the  petition- 
ers commented  that  the  new  rotation  requirements 
would  result  in  significant  problems.  Accordingly,  the 
petitioners  requested  the  agency  to  withdraw  the  new 
rotation  requirements  or  delay  the  amendment's  effec- 
tiveness until  the  agency  can  procure  CMTs  and  make 
them  available  to  UTQG  testers.  The  petitioners  stated 
that  at  present  NHTSA  did  not  have  CMTs  available 
in  enough  sizes  and  load  carrying  capacities  to  prop- 
erly test  all  tire  lines.  In  addition,  Smithers,  RMA,  and 
STL  argued  that  a  delay  was  necessary  to  allow  the 
agency  time  to  establish  base  course  wear  rates  for  the 
new  CMTs. 

Upon  reconsideration,  the  agency  has  determined 
that  the  December  17,  1990  effective  date  for  the  tire 
rotation  requirements  provided  insufficient  leadtime 
to  require  tire  rotation  among  vehicles  in  treadwear 
convoys.  In  light  of  the  arguments  presented  in  the 
petitions,  NHTSA  has  carefully  reexamined  the  tire 
rotation  amendment  to  determine  an  appropriate 
effective  date.  Based  on  this  reexamination,  the  agency 
has  decided  to  adopt  an  effective  date  of  Septem- 
ber 1,  1993.  As  the  petitioners  correctly  noted, 
additional  leadtime  is  necessary  to  avoid  practicability 
problems  which  would  arise  from  a  short  leadtime.  Spe- 
cifically, rotation  of  tires  among  all  vehicles  in  a  tread- 
wear convoy  requires  the  availability  of  CMTs  of 
approximately  the  same  size  as  the  candidate  tires. 
CMTs  are  specially  manufactured  tires  whose  wear 
rate  is  compared  to  the  wear  rate  of  the  candidate  tires 
to  minimize  variations  in  treadwear  caused  by  factors 
other  than  the  quality  of  the  candidate  tires.  Along  with 
the  time  needed  to  procure  and  produce  CMTs, 
NHTSA  normally  makes  two  determinations  about  a 
new  group  of  CMTs  before  making  those  CMTs  avail- 
able to  manufacturers  for  use  in  testing.  First,  the 
agency  ensures  that  the  coefficient  of  variation  (COV) 
for  new  CMTs  does  not  exceed  5.0.  Second,  it  deter- 
mines the  base  course  wear  rate  (BCWR)  for  new 
CMTs.  The  BCWR  is  necessary  to  allow  persons  test- 
ing candidate  tires  to  adjust  the  wear  rates  of  the  can- 
didate tires  to  reflect  the  severity  of  the  environmental 
conditions  encountered  during  the  testing. 

Contrary  to  the  agency's  determination  in  the  final 
rule  that  the  new  rotation  requirements  could  take 


PART  575-PRE  176 


effect  soon  after  the  rule  was  published,  the  agency 
now  believes  that  such  an  implementation  date  is 
impracticable,  given  the  additional  time  necessary  to 
procure  and  test  CMTs  in  sizes  other  than  the  currently 
available  14-inch  CMTs.  Accordingly,  the  agency  is 
adopting  a  September  1,  1993  effective  date  for  the  tire 
rotation  requirements.  The  agency  notes  that  tires 
manufactured  before  September  1,  1993  may  comply 
with  the  new  requirements.  To  minimize  the  disrup- 
tion of  the  treadwear  grading,  the  agency  is  immedi- 
ately reinstating  the  requirements  for  treadwear 
convoys  that  were  in  effect  before  the  recent  amend- 
ments. In  the  meantime,  the  agency  will  begin  to  pro- 
cure new  CMTs  and  establish  their  new  base  course 
wear  rates.  The  agency  further  notes  that  it  will  take 
no  enforcement  action  regarding  the  requirements 
about  rotation  among  treadwear  convoy  vehicles  in 
effect  between  December  17,  1990  and  the  issuance  of 
this  notice. 

This  notice's  regulatory  text  sets  forth  the  complete 
"treadwear  grading  procedures  and  conditions"  in 
575.104(e)  for  both  before  and  after  September  1,  1993, 
except  for  the  requirements  in  574.105(eX2Xix)  which 
remain  essentially  unchanged.  Given  the  complexity  of 
these  requirements,  the  agency  believes  that  this  ap- 
proach will  facilitate  making  the  amendments  under- 
standable to  the  reader. 

Simplification  of  the  Grading  Procedure 
The  previous  UTQGS  provisions  require  the  evalua- 
tor  to  measure  tread  depth  nine  times,  resulting  in 
4,320  measurements,  during  the  test.  In  the  final  rule, 
the  agency  amended  575.104(e)  to  permit  the  evalua- 
tor  to  measure  tread  depth  either  twice  or  nine  times, 
thus  resulting  in  the  need  for  960  rather  than  4,320 
measurements.  The  final  rule  explained  that  the  sim- 
plified grading  method  will  provide  representative 
treadwear  grades,  while  simplifying  the  test  proce- 
dures, reducing  costs,  and  reducing  the  complexity  of 
the  calculations. 

In  its  petition  for  reconsideration,  Smithers  com- 
mented that  the  two-point  method  would  result  in  in- 
creased variability  and  the  issuance  of  an  unneeded, 
additional  report.  It  further  stated  that  evaluators 
would  still  rely  on  the  9-point  method  and  that  no 
manufacturer  would  elect  the  two-point  method  unless 
it  yielded  a  higher  grade.  Accordingly,  Smithers  re- 
quested that  the  nine-point  method  be  mandatory. 

After  reviewing  the  treadwear  grading  procedures, 
the  agency  has  decided  to  deny  the  petitioner's  request 
to  permit  only  the  nine-point  method.  As  explained  in 
the  final  rule,  because  the  grades  determined  by  the 
simplified  two-point  method  and  the  nine-point  method 
are  not  significantly  different,  variability  is  not  a 
problem.  In  addition,  providing  the  optional  two-point 
method  permits  a  simplified  test  procedure,  may  reduce 
costs,  and  reduces  the  complexity  of  the  calculations. 


Increased  Treadwear  Grade  Interval 
from  10  to  20  Points 

The  previous  UTQGS  provisions  required  that  the 
projected  mileage  for  treadwear  grades  be  expressed 
in  10-point  intervals  (575.104(d)(2)(i),  see  also 
575.104(eXixXF)).  In  the  November  15,  1990  final  rule, 
the  agency  amended  the  provisions  to  require  tread- 
wear grades  to  be  expressed  in  20-point  intervals.  The 
agency  believed  that  since  most  passenger  car  tires  are 
of  a  radial  design  with  significantly  longer  treadwear 
than  bias  and  bias-ply  tires,  the  20-point  interval  is 
more  relevant  to  consumer's  buying  decisions.  The 
agency  provided  a  one-year  leadtime  for  this  amend- 
ment, which  was  set  to  take  effect  on  November  15, 
1991. 

In  its  petition  for  reconsideration,  RMA  requested 
that  the  amendment  about  the  20-point  grade  interval 
be  withdrawn.  In  the  alternative,  the  petitioner  re- 
quested that  for  tire  lines  existing  on  December  17, 
1990  with  treadwear  grades  in  multiples  of  10,  the 
agency  should  allow  them  to  retain  their  current  grade 
until  the  tire  line  is  phased  out  of  production  or  the 
grade  is  changed.  The  petitioner  stated  that  applying 
the  20-point  grade  amendment  to  molds  of  currently 
existing  tire  lines  would  provide  no  benefit  to  con- 
sumers but  would  cause  considerable  costs  and 
problems  to  manufacturers. 

Upon  reconsideration,  the  agency  has  determined 
that  a  longer  leadtime  is  necessary  to  reduce  the  costs 
associated  with  the  amendment.  Accordingly,  the 
agency  is  postponing  the  effective  date  of  November 
15,  1991  and  adopting  a  new  effective  date  of  Septem- 
ber 1,  1993.  Based  on  statements  in  the  petition,  the 
agency  now  believes  that  without  the  additional  lead- 
time,  the  amendment  might  result  in  considerable  costs 
and  problems  to  tire  manufacturers  without  providing 
corresponding  benefits  to  consimiers  sufficient  to  jus- 
tify the  burdens.  In  particular,  the  agency  is  concerned 
that  the  new  grading  requirements  would  require  the 
restamping  of  thousands  of  tire  molds  and  related  con- 
sumer publications  within  an  unreasonably  short 
timeframe,  potentially  resulting  in  substantial  costs  and 
unjustified  losses  of  production.  Additionally,  the 
agency  notes  that  a  significant  number  of  tire  lines  are 
routinely  phased-out  or  regraded  over  the  course  of 
three  years.  These  difficulties  can  be  substantially 
reduced  by  allowing  additional  leadtime.  Therefore,  the 
agency  has  decided  to  postpone  the  implementation  of 
this  provision  until  September  1,  1993. 

Effective  Date 
Section  103(c)  of  the  Vehicle  Safety  Act  requires  that 
each  order  shall  take  effect  no  sooner  than  180  days 
or  later  than  one  year  from  the  date  the  order  is  issued 
unless  "good  cause"  is  shown  that  an  earlier  or  later 
effective  date  is  in  the  public  interest.  After  reevalu- 
ating the  amendments  in  light  of  the  petitions  for 


PART  575-PRE  177 


reconsideration,  NHTSA  believes  that  there  is  "good 
cause"  to  provide  leadtime  of  less  than  180  days  for 
the  modification  of  the  wheel  alignment  requirements, 
since  the  amendment  merely  clarifies  the  provisions. 
For  the  same  reason,  there  is  "good  cause"  to  make 
this  provision  effective  within  less  than  30  days.  The 
agency  further  believes  that  there  is  "good  cause"  to 
provide  leadtime  of  more  than  one  year  for  the  other 
amendments.  The  additional  leadtime  to  the  rotation 
requirements  should  alleviate  the  practicability 
problems  raised  by  the  petitioners.  The  agency  notes 
that  tires  manufactured  before  September  1, 1993  may 
comply  with  the  new  requirements.  The  additional  lead- 
time  to  the  provisions  about  20-point  intervals  should 
significantly  reduce  the  costs  associated  with  that 
amendment. 

In  consideration  of  the  foregoing,  49  CFR  §575.104, 
Uniform  Tire  Quality  Grading  Standards  is  amended 
as  follows: 

1.  Section  575.104(d)(2)(i)  is  revised  to  read  as 
follows: 

(2)  Performance— (i)  Treadwear.  Each  tire  shall  be 
graded  for  treadwear  performance  with  the  word 
"TREADWEAR"  followed  by  a  number  of  two  or 
three  digits  representing  the  tire's  grade  for  tread- 
wear, expressed  as  a  percentage  of  the  NHTSA  nomi- 
nal treadwear  value,  when  tested  in  accordance  with 
the  conditions  and  procedures  specified  in  paragraph 
(e)  of  this  section.  On  and  before  August  31,  1993. 
treadwear  grades  shall  be  in  multiples  of  10  (e.g.,  80, 
150).  On  and  after  September  1,  1993,  treadwear 
grades  shall  be  in  multiples  of  20  (e.g.,  80,  120,  and 
160). 

2.  Section  575.104(eXl)  and  (eX2Xi)  through  (viii)  are 
revised  to  read  as  follows: 

(e)  Treadwear  grading  conditions  and  procedures— 
The  following  requirements  in  subsections  (e)(1)  and 
(e)(2)(i)  through  (viii)  are  effective  frcm [INSERT DATE 
OF  PUBLICATION]  until  August  31,  1993: 

(1)  Conditions. 
(i)  Tire  treadwear  performance  is  evaluated  on  a 
specific  roadway  course  approximately  400  miles  in 
length,  which  is  established  by  the  NHTSA  both  for 
its  own  compliance  testing  and  for  that  of  regulated 
persons.  The  course  is  designed  to  produce  treadwear 
rates  that  are  generally  representative  of  those  encoun- 
tered by  tires  of  differing  construction  types.  The 
course  and  driving  procedures  are  described  in  Appen- 
dix A  of  this  section. 

(ii)  Treadwear  grades  are  evaluated  by  first  meas- 
uring the  performance  of  a  candidate  tire  on  the 
government  test  course,  and  then  correcting  the 
projected  mileage  obtained  to  account  for  environmen- 
tal variations  on  the  basis  of  the  performance  of  the 


course  monitoring  tires  of  the  same  general  construc- 
tion type  (bias,  bias-belted,  or  radial)  run  in  the  same 
convoy.  The  three  types  of  course  monitoring  tires  are 
made  available  by  the  NHTSA  at  Goodfellow  Air  Force 
Base,  San  Angelo,  Tex.,  for  purchase  by  any  persons 
conducting  tests  at  the  test  course. 

(iii)  In  convoy  tests,  each  vehicle  in  the  same  con- 
voy, except  for  the  lead  vehicle,  is  throughout  the  test 
within  human  eye  range  of  the  vehicle  immediately 
ahead  of  it. 

(iv)  A  test  convoy  consists  of  no  more  than  four 
passenger  cars,  each  having  only  rear-wheel  drive. 

(v)  On  each  convoy  vehicle,  all  tires  are  mounted 
on  identical  rims  of  design  or  measuring  rim  width 
specified  for  tires  of  that  size  in  accordance  wath  49 
CFR  571.109,  S4.4.1(a)  or  (b),  or  a  rim  having  a  width 
within  -  0  to  -I-  .0.50  inches  of  the  width  listed. 
(2)  Treadwear  grading  procedure. 

(i)  Equip  a  convoy  as  follows:  Place  four  course 
monitoring  tires  on  one  vehicle.  On  each  other  vehi- 
cle, place  four  candidate  tires  with  identical  size  desig- 
nations. On  each  axle,  place  tires  that  are  identical  with 
respect  to  manufacturer  and  line. 

(ii)  Inflate  each  candidate  and  each  course  monitor- 
ing tire  to  the  applicable  pressure  specified  in  Table 
1  of  this  section. 

(iii)  Load  each  vehicle  so  that  the  load  on  each 
course  monitoring  and  candidate  tire  is  85  percent  of 
the  test  load  specified  in  §575. 104(h). 

(iv)  Adjust  wheel  alignment  to  the  midpoint  of  the 
vehicle  manufacturer's  specifications,  unless  adjust- 
ment to  the  midpoint  is  not  recommended  by  the 
manufacturer;  in  that  case,  adjust  the  alignment  to  the 
manufacturer's  recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the  manufac- 
turer of  the  alignment  machine. 

(v)  Subject  candidate  and  course  monitoring  tires 
to  "break-in"  by  running  the  tires  in  the  convoy  for 
two  circuits  of  the  test  roadway  (800  miles).  At  the  end 
of  the  first  circuit,  rotate  each  vehicle's  tires  by  mov- 
ing each  front  tire  to  the  same  side  of  the  rear  axle  and 
each  rear  tire  to  the  opposite  side  of  the  front  axle. 
Visually  inspect  each  tire  for  any  indication  of  abnor- 
mal wear,  tread  separation,  bulging  of  the  sidewall,  or 
any  sign  of  tire  failure.  Void  the  grading  results  from 
any  tire  with  any  of  these  anomalies,  and  replace  the 
tire. 

(vi)  After  break-in,  allow  the  air  pressure  in  the 
tires  to  fall  to  the  applicable  pressure  specified  in 
Table  1  of  this  section  or  for  2  hours,  whichever  occurs 
first.  Measure,  to  the  nearest  0.001  inch,  the  tread 
depth  of  each  candidate  and  each  course  monitoring 
tire,  avoiding  treadwear  indicators,  at  six  equally 
spaced  points  in  each  groove.  For  each  tire  compute 
the  average  of  the  measurements.  Do  not  measure 
those  shoulder  grooves  which  are  not  provided  with 
treadwear  indicators. 


PART  575-PRE  178 


(vii)  Adjust  wheel  alignment  to  the  midpoint  of  the 
manufacturer's  specifications,  unless  adjustment  to  the 
midpoint  is  not  recommended  by  the  manufacturer;  in 
that  case,  adjust  the  alignment  according  to  the 
manufacturer's  recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the  manufac- 
turer of  the  alignment  machine. 

(viii)  Drive  the  convoy  on  the  test  roadway  for 
6,400  miles.  After  each  800  miles: 

(A)  Following  the  procedure  set  out  in  para- 
graph (eX2Xvi)  of  this  section,  allow  the  tires  to  cool 
and  measure  the  average  tread  depth  of  each  tire. 

(B)  Rotate  each  vehicle's  tires  by  moving  each 
front  tire  to  the  same  side  of  the  rear  axle  and  each 
rear  tire  to  the  opposite  side  of  the  front  axle. 

(C)  Rotate  the  vehicles  in  the  convoy  by  moving 
the  last  vehicle  to  the  lead  position.  Do  not  rotate  driver 
position  within  the  convoy. 

(D)  Adjust  the  wheel  alignment  to  the  midpoint 
of  the  vehicle  manufacturer's  specification,  unless  ad- 
justment to  the  midpoint  is  not  recommended  by  the 
manufacturer;  in  that  case,  adjust  the  alignment  to  the 
manufacturer's  recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the  manufac- 
turer of  the  alignment  machine. 

(E)  If  determining  the  projected  mileage  by  the 
nine-point  method  set  forth  in  (eX2XixXAXl),  measure 
the  average  tread  depth  of  each  tire  following  the 
procedure  set  forth  in  paragraph  (eX2Xvi)  of  this 
section. 

(F)  At  the  end  of  the  test,  measure  the  tread 
depth  of  each  tire  pursuant  to  the  procedure  set  forth 
in  paragraph  (eX2Xvi)  of  this  section. 

The  following  requirements  in  subsections  (e)(1)  and 
(e)(2)(i)  through  (viii)  are  effective  on  and  after  Septem- 
ber 1,  1993  and  may  be  used  at  the  manufacturer's 
option  before  this  date: 

(e)  Treadwear  grading  conditions  and  procedures— 
(1)  Conditions. 

(i)  Tire  treadwear  performance  is  evaluated  on  a 
specific  roadway  course  approximately  400  miles  in 
length,  which  is  estabhshed  by  the  NHTSA  both  for 
its  own  compliance  testing  and  for  that  of  regulated 
persons.  The  course  is  designed  to  produce  treadwear 
rates  that  are  generally  representative  of  those  encoun- 
tered by  tires  in  public  use.  The  course  and  driving 
procedures  are  described  in  Appendix  A  of  this  section. 

(ii)  Treadwear  grades  are  evaluated  by  first  meas- 
uring the  performance  of  a  candidate  tire  on  the 
government  test  course,  and  then  correcting  the 
projected  mileage  obtained  to  account  for  environmen- 
tal variations  on  the  basis  of  the  performance  of  the 
course  monitoring  tires  run  in  the  same  convoy.  The 
course  monitoring  tires  are  made  available  by  the 
NHTSA  at  Goodfellow  Air  Force  Base,  San  Angelo, 
Tex.,  for  purchase  by  any  persons  conducting  tests  at 
the  test  course. 


(iii)  In  convoy  tests,  each  vehicle  in  the  same  con- 
voy, except  for  the  lead  vehicle,  is  throughout  the  test 
within  human  eye  range  of  the  vehicle  immediately 
ahead  of  it. 

(iv)  A  test  convoy  consists  of  two  or  four  passenger 
cars,  each  having  only  rear-wheel  drive. 

(v)  On  each  convoy  vehicle,  all  tires  are  mounted 
on  identical  rims  of  design  or  measuring  rim  width 
specified  for  tires  of  that  size  in  accordance  with  49 
CFR  571.109,  S4.4.1(a)  or  (b),  or  a  rim  having  a  width 
within  -0  to  -1-0.50  inches  of  the  width  listed. 

(2)  Treadwear  grading  procedure. 

(i)  Equip  a  convoy  as  follows:  Place  four  course 
monitoring  tires  on  one  vehicle.  Place  four  candidate 
tires  with  identical  size  designations  on  each  other 
vehicle  in  the  convoy.  On  each  axle,  place  tires  that  are 
identical  with  respect  to  manufacturer  and  line. 

(ii)  Inflate  each  candidate  and  each  course  mon- 
itoring tire  to  the  applicable  pressure  specified  in 
Table  1  of  this  section. 

(iii)  Load  each  vehicle  so  that  the  load  on  each 
course  monitoring  and  candidate  tire  is  85  percent  of 
the  test  load  specified  in  §575. 104(h). 

(iv)  Adjust  wheel  alignment  to  the  midpoint  of  the 
vehicle  manufacturer's  specifications,  unless  adjust- 
ment to  the  midpoint  is  not  recommended  by  the 
manufacturer;  in  that  case,  adjust  the  alignment  to  the 
manufacturer's  recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the  manufac- 
turer of  the  alignment  machine. 

(v)  Subject  candidate  and  course  monitoring  tires 
to  "break-in"  by  running  the  tires  in  the  convoy  for 
two  circuits  of  the  test  roadway  (800  miles).  At  the  end 
of  the  first  circuit,  rotate  each  vehicle's  tires  by  mov- 
ing each  front  tire  to  the  same  side  of  the  rear  axle  and 
each  rear  tire  to  the  opposite  side  of  the  front  axle. 
Visually  inspect  each  tire  for  any  indication  of  abnor- 
mal wear,  tread  separation,  bulging  of  the  sidewall,  or 
any  sign  of  tire  failure.  Void  the  grading  results  from 
any  tire  with  any  of  these  anomalies,  and  replace  the 
tire. 

(vi)  After  break-in,  allow  the  air  pressure  in  the 
tires  to  fall  to  the  applicable  pressure  specified  in 
Table  1  of  this  section  or  for  2  hours,  whichever  oc- 
curs first.  Measure,  to  the  nearest  0.001  inch,  the  tread 
depth  of  each  candidate  and  each  course  monitoring 
tire,  avoiding  treadwear  indicators,  at  six  equally 
spaced  points  in  each  groove.  For  each  tire  compute 
the  average  of  the  measurements.  Do  not  measure 
those  shoulder  grooves  which  are  not  provided  with 
treadwear  indicators. 

(vii)  Adjust  wheel  alignment  to  the  midpoint  of  the 
manufacturer's  specifications,  unless  adjustment  to  the 
midpoint  is  not  recommended  by  the  manufacturer;  in 
that  case,   adjust  the  alignment  according  to  the 


PART  575-PRE  179 


manufacturer's  recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the  manufac- 
turer of  the  alignment  machine. 

(viii)  Drive  the  convoy  on  the  test  roadway  for 
6,400  miles. 

(A)  After  each  400  miles,  rotate  each  vehicle's 
tires  by  moving  each  front  tire  to  the  same  side  of  the 
rear  axle  and  each  rear  tire  to  the  opposite  side  of  the 
front  axle.  Visually  inspect  each  tire  for  treadwear 
anomalies. 

(B)  After  each  800  miles,  rotate  the  vehicles  in 
the  convoy  by  moving  the  last  vehicle  to  the  lead  posi- 
tion. Do  not  rotate  driver  positions  within  the  convoy. 
In  four-car  convoys,  vehicle  one  shall  become  vehicle 
two,  vehicle  two  shall  become  vehicle  three,  vehicle 
three  shall  become  vehicle  four,  and  vehicle  four  shall 
become  vehicle  one. 

(C)  After  each  800  miles,  if  necessary,  adjust 
wheel  alignment  to  the  midpoint  of  the  vehicle 
manufacturer's  specification,  unless  adjustment  to  the 
midpoint  is  not  recommended  by  the  manufacturer;  in 
that  case,  adjust  the  alignment  to  the  manufacturer's 
recommended  setting.  In  all  cases,  the  setting  is  within 
the  tolerance  specified  by  the  manufacturer  of  the 
alignment  machine. 

(D)  After  each  800  miles,  if  determining  the 
projected  mileage  by  the  9-point  method  set  forth  in 
(eX2XixXAXl),  measure  the  average  tread  depth  of  each 
tire  following  the  procedure  set  forth  in  paragraph 
(eX2Xvi)  of  this  section. 


(E)  After  each  1,600  miles,  move  the  complete 
set  of  four  tires  to  the  following  vehicle.  Move  the  tires 
on  the  last  vehicle  to  the  lead  vehicle.  In  moving  the 
tires,  rotate  them  as  set  forth  in  (eX2XviiiXA)  of  this 
section. 

(F)  At  the  end  of  the  test,  measure  the  tread 
depth  of  each  tire  pursuant  to  the  procedure  set  forth 
in  paragraph  (eX2Xvi)  of  this  section. 

4.  Section  575.104(eX2XixXF)  is  revised  to  read  as 
follows: 

(F)  Compute  the  percentage  (P)  of  the  NHTSA 
nominal  treadwear  value  for  each  candidate  tire  using 
the  following  formula: 


Projected  mileage 
30,000 


100 


On  and  before  August  31,  1993,  round  off  the  per- 
centage to  the  nearest  lower  10-point  increment.  On 
and  after  September  1,  1993,  round  off  the  percentage 
to  the  nearest  lower  20-point  increment. 


Issued  on  June  4,  1991 


56  F.R.  26769 
June  11,  1991 


PART  575-PRE  180 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  575 

Consumer  Information  Regulations;  Uniform  Tire  Quality  Grading  Standards: 
Treadwear  Test  Course 

(Docket  No.  25;  Notice  67) 
RIN:  2127-AE-01 


ACTION:    Final  rule. 

SU  M  M ARY:  The  Uniform  Tire  Quality  Grading  Stand- 
ards (UTQGS)  contain  detailed  testing  procedures  for 
generating  consumer  information  about  the  treadwear, 
traction,  and  temperature  resistance  of  passenger  car 
tires.  The  treadwear  grading  procedures  specify  the 
specific  test  course  along  which  treadwear  convoys 
must  travel  to  ensure  uniformity  among  test  grades. 
This  rule  amends  the  test  course  to  account  for  poten- 
tially unsafe  traffic  patterns  along  the  test  route.  The 
agency  has  concluded  that  the  course  change  will  not 
compromise  the  reliability  of  the  treadwear  grades. 

EFFECTIVE  DATES:  December  16,  1991. 

SUPPLEMENTARY  INFORMATION: 

The  Uniform  Tire  Quality  Grading  Standards 
(UTQGS)  set  forth  conditions  and  procedures  in  49 
CFR  574.104(e)  for  convoys  used  to  generate  tread- 
wear data.  Those  data  are  in  turn  used  to  determine 
treadwear  grades.  The  treadwear  grades  inform  con- 
sumers about  the  amount  of  expected  tread  life  for  each 
tire  offered  for  sale.  This  allows  the  tire  purchaser  to 
compare  passenger  car  tires  based  on  tread  life. 
Although  these  treadwear  grades  are  not  intended  to 
be  used  to  predict  the  actual  mileage  that  a  particular 
tire  will  achieve,  they  must  be  sufficiently  accurate  to 
help  consumers  choose  among  tires  based  on  their  rela- 
tive tread  life. 

On  March  26,  1991,  the  agency  proposed  amending 
the  specified  roadway  course  on  which  treadwear  con- 
voys are  required  to  be  run  (56  FR  12503).  As  a  result 
of  recent  road  improvements,  the  current  course,  as 
specified  in  Appendix  A  to  the  UTQGS,  poses  a  sig- 
nificant safety  problem  to  certain  test  convoys  which 
must  make  a  U-turn  on  a  heavily  travelled  road.  Ac- 
cordingly, the  agency  proposed  substituting  a  similar 
3.6  mile  portion  to  the  test  course  at  a  more  convenient 
location  to  help  the  adversely  affected  convoys  avoid 
the  U-turn.  The  agency  tentatively  determined  that 
differences,  if  any,  in  the  wear  characteristics  between 
the  two  alternate  portions  of  the  test  course  should 
have  an  insignificant  effect  on  treadwear  grades. 


The  agency  received  one  comment  to  the  proposal 
from  Smithers  Laboratory,  which  supported  the 
proposal.  No  comments  were  received  opposing  the 
proposal.  The  agency  therefore  has  decided  to  amend 
the  treadwear  test  course,  as  proposed.  Accordingly, 
test  convoys  may  travel  on  an  alternative  3.6  mile  leg 
of  the  test  course  to  avoid  the  unsafe  traffic  situation. 

In  consideration  of  the  foregoing,  49  CFR  §575.104, 
Uniform  Tire  Quality  Grading  Standards  is  amended 
as  follows: 

Eastern  Loop.  From  junction  of  Loop  Road  306  and 
FM388  (2),  make  right  turn  onto  FM388  and  drive  east 
to  junction  with  FM2334  (13).  Turn  right  onto  FM2334 
and  proceed  south  across  FM765  (14)  to  junction  of 
FM2334  and  US87  (15).  For  convoys  that  originate  at 
Goodfellow  AFB,  make  U-turn  and  return  to  junction 
of  FM388  and  Loop  Road  306  (2)  by  the  same  route. 
For  convoys  that  do  not  originate  at  Goodfellow  AFB, 
upon  reaching  junction  of  FM2334  and  US87  (15),  make 
U-turn  and  continue  north  on  FM2334  past  the  inter- 
section with  FM388  to  Veribest  Cotton  Gin,  a  distance 
of  1.8  miles  beyond  the  intersection.  Make  U-turn  and 
return  to  junction  of  FM2334  and  FM388.  Turn  right 
onto  FM388,  proceed  west  to  junction  FM388  and  Loop 
Road  306. 

Northwestern  Loop.  From  junction  of  Loop  Road 
306  and  FM388  (2),  make  right  turn  onto  Loop  Road 
306.  Proceed  onto  US277,  to  junction  with  FM2105  (8). 
Turn  left  onto  FM2105  and  proceed  west  to  junction 
with  US87  (10).  Turn  right  on  US87  and  proceed  north- 
west to  the  junction  with  FM2034  near  the  town  of 
Water  Valley  (11).  Turn  right  onto  FM2034  and  pro- 
ceed north  to  Texas  208  (12).  Turn  right  onto  Texas 
208  and  proceed  south  to  junction  with  FM2105  (9). 
Turn  left  onto  FM2105  and  proceed  east  to  junction 
with  US277  (8).  Turn  right  onto  US277  and  proceed 
south  onto  Loop  Road  306  to  junction  with  FM388  (2). 
For  convoys  that  originate  at  Goodfellow  AFB,  turn 
right  onto  FM388  and  proceed  to  starting  point  at  junc- 
tion of  Ft.  McKavitt  Road  and  FM388  (1).  For  convoys 
that  do  not  originate  at  Goodfellow  AFB,  do  not  turn 
right  onto  FM388  but  continue  south  on  Loop  Road 
306. 


PART  575-PRE  181 


3  In  575.104,  the  Chart  "KEY  POINTS  ALONG 
TREADWEAR  TEST  COURSE,  APPROXIMATE 
MILEAGES,  AND  REMARKS"  is  revised  to  read  as 
follows: 

KEY  POINTS  ALONG  TREADWEAR 

TEST  COURSE,  APPROX.  MILEAGES, 

AND  REMARKS  *** 

Mileages       Remarks 

1  Ft.  McKavitt  Road  &  .  .         0 

FM388 

2  FM388  &  Loop  306*  .,         2       STOP 

3  Loop 306 &US277....  10 

4  Sonora 72 

5  US277&FM189 88 

6  FM  189  &  Texas  163   ..  124 

7  Historical  Marker 143       U-TURN 

(Camp  Hudson) 

4  Sonora 214 

3  Loop  306  &  US  277   ...  276 

2  FM  388  &  Loop  306  ..  .  283 

13  FM388&FM2334**  .  290       STOP 

14  FM 2334 &FM 765   ...  292       STOP 

15  FM2334&US87 295       U-TURN 

14  FM  2334  &FM  765   ...  298       STOP 

13    FM 388 &FM 2334  ...     300      STOP/ YIELD/ 

BLINKING  RED 
LIGHT 
2    FM388&Loop306  ...     307       STOP/ YIELD/ 

BLINKING  RED 
LIGHT 

8  US277&FM2105....     313 

9  FM  2105  &  Texas  208  .     317       STOP 

10  FM2105&US87 320       STOP 

11  FM2034&US87 338 

12  FM  2034  &  Texas  208  .  362      YIELD 
9  FM  2105  &  Texas  208  .  387 

8    FM  2105  &  US  277....  391       YIELD/ STOP 

2    FM  388  &  Loop  306  * .  .  398 

1    Ft.  McKavitt  Road  &  .  .  400 

FM388 

16    Veribest  Cotton  Gin...  1.8      U-TURN 

*  Convoys  not  originating  at  Goodfellow  AFB  will  not  traverse 

the  leg  of  course. 

••Convoys  not  originating  at  Goodfellow  AFB  will  proceed  to 

16,  Veribest  Cotton  Gin,  Make  U-turn  and  return  to  13. 

•••  (56  F.R.  26769— June  11,  1991.  Effective:  September  1, 

1993) 

FIGURE  2 


4.  In  575.104,  Figure  8  is  amended  to  read 
follows: 


WATER  VALLEY 


AVENUE  C  (CONVOY  GATE)^ -^^'-^^ytTrTSl 

1  FORCE  BASE p-^__     i  "~~^-~- 


ANGELO.  TEXAS  1  ^^.^^^T^P  fa?]    ® 


© 


t 


CAMP  HUDSON  SITE 


Issued  on  September  11,  1991. 


56  F.R.  47011 
September  17,  1991 


PART  575-PRE  182 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  575 

Consumer  Information  Regulations;  Uniform  Tire  Quality  Grading  Standards: 
Vehicles  in  Treadwear  Convoys 

(Docket  No.  25;  Notice  66) 
RIN:  2127-AD68 


ACTION:    Final  rule. 

SUMMARY:  This  rule  amends  the  treadwear  testing 
procedures  in  the  Uniform  Tire  Quality  Grading  Stan- 
dards (UTQGS)  to  permit  the  use  of  front-wheel-drive 
passenger  cars  and  light  trucks,  vans,  and  multipur- 
pose passenger  vehicles.  Prior  to  this  amendment,  the 
treadware  grading  procedures  only  permitted  testing 
of  passenger  car  tires  on  rear- wheel -drive  passenger 
cars.  The  agency  concludes  that  the  amendment  will 
result  in  the  use  of  test  vehicles  that  more  accurately 
reflect  the  types  of  vehicles  currently  being  produced. 
The  amendment  will  also  provide  treadwear  evaluators 
with  greater  flexibility  in  obtaining  vehicles. 

EFFECTIVE  DATES:  This  amendment  becomes  effective 
December  16,  1991. 

SUPPLEMENTARY  INFORMATION: 

The  Uniform  Tire  Quality  Grading  Standards 
(UTQGS)  set  forth  procedures  for  treadwear  testing 
in  49  CFR  575.104(e).  The  purpose  of  the  treadwear 
grades  is  to  aid  consumers  in  the  selection  of  new  tires 
by  informing  them  of  the  relative  amount  of  expected 
tread  life  for  each  tire  offered  for  sale.  This  allows  the 
tire  purchaser  to  compare  passenger  car  tires  based 
on  tread  life.  Although  these  treadwear  grades  are  not 
intended  to  be  used  to  predict  the  actual  mileage  that 
a  particular  tire  will  achieve,  they  must  be  reasonably 
accurate  to  help  consumers  choose  among  tires  based 
on  their  relative  tread  life. 

On  February  25,  1991,  the  agency  proposed  amend- 
ing the  treadwear  grading  procedures  to  permit  tread- 
wear convoys  to  consist  of  front-wheel-drive  passenger 
cars  and  light  trucks,  vans  and  multipurpose  passenger 
vehicles  (MPVs)  (or  any  combination  thereof)  (56  FR 


7643).  At  the  time  of  the  proposal,  the  regulations 
specified  that  only  rear-wheel-drive  passenger  cars 
could  be  used  in  the  testing  to  determine  treadwear 
grades  (575.104(eXlXiv)).  The  reason  for  this  limitation 
was  that  most  vehicles  used  by  consumers  were  of  this 
type  when  the  regulations  were  initially  issued.  Since 
then,  the  proportion  of  the  rear-wheel-drive  and  front- 
wheel-drive  vehicles  has  changed  radically. 

Approximately  80  percent  of  all  model  year  1989  pas- 
sengers cars  have  front-wheel-drive.  In  addition,  the 
overall  light  duty  vehicle  fleet  includes  a  steadily  in- 
creasing percentage  of  light  trucks,  vans,  and  other 
MPVs.  Given  these  changes,  the  agency  studies  the 
feasibility  of  using  front-wheel-drive  cars  and  light 
trucks,  vans,  and  MPVs  for  treadwear  testing.  The 
age*-  y's  analysis  of  data  indicated  that  treadwear  rates 
of  lires  tested  on  these  vehicles  were  comparable  to 
the  treadwear  rates  on  rear-wheel-drive  passenger 
cars.  Based  on  the  foregoing,  the  agency  proposed  the 
amendment,  believing  that  it  would  result  in  the  use 
of  test  vehicles  that  more  accurately  reflect  the  types 
of  vehicles  being  manufactured  and  would  make  it  eas- 
ier for  test  fleet  operators  to  obtain  vehicles.  The 
amendment  also  changes  the  specified  size  of  the  test 
convoy  from  "no  more  than  four  passenger  cars"  to 
either  "two  or  four  passenger  cars,  light  trucks,  or 
MPVs." 

The  agency  received  no  comments  to  the  February 
proposal.  The  agency  therefore  has  decided  to  amend 
the  treadwear  convoy  requirements,  as  proposed.  Ac- 
cordingly, front-wheel-drive  passenger  cars  and  light 
trucks,  vans,  and  MPVs  may  be  used  in  treadwear 
convoys. 

56  F.R.  57988 
November  15,  1991 


PART  575-PRE  183-184 


(c)  Application.  (1)  This  section  applies  to  new 
pneumatic  tires  for  use  on  passenger  cars. 
However,  this  section  does  not  apply  to  deep  tread, 
winter-type  snow  tires,  space-saver  or  temporary 
use  spare  tires,  tires  with  nominal  rim  diameters  of 
10  to  12  inches,  or  to  limited  production  tires  as 
defined  in  paragraph  (c)(2)  of  this  section. 

(2)  "Limited  production  tire"  means  a  tire 
meeting  all  of  the  following  criteria,  as  applicable: 
(i)  The  annual  domestic  production  or  impor- 
tation into  the  United  States  by  the  tire's 
manufacturer  of  tires  of  the  same  design  and 
size  as  the  tire  does  not  exceed  15,000  tires; 

(ii)  In  the  case  of  a  tire  marketed  under  a 
brand  name,  the  annual  domestic  purchase  or 
importation  into  the  United  States  by  a  brand 
name  owner  of  tires  of  the  same  design  and 
size  as  the  tire  does  not  exceed  15,000  tires; 

(iii)  The  tire's  size  was  not  listed  as  a  vehicle 
manufacturer's  recommended  tire  size  designa- 
tion for  a  new  motor  vehicle  produced  in  or  im- 
ported into  the  United  States  in  quantities 
greater  than  10,000  during  the  calendar  year 
preceeding  the  year  of  the  tire's  manufacturer; 
and 

(iv)  The  total  annual  domestic  production  or 
importation  into  the  United  States  by  the  tire's 
manufacturer,  and  in  the  case  of  a  tire  manufac- 
turer, and  in  case  of  a  tire  marketed  under  a 
brand  name,  the  total  annual  domestic  purchase 
or  purchase  for  importation  into  the  United 
States  by  the  tire's  brand  name  owner,  of  tires 
meeting  the  criteria  of  paragraphs  (cX2)  (i),  (ii), 
and  (iii)  of  this  section,  does  not  exceed  35,000 
tires. 
Tire  design  is  the  combination  of  general  struc- 
tural characteristics,  materials,  and  tread  pat- 
tern, but  does  include  cosmetic,  identifying  or 
other  minor  variations  among  tires, 
(d)  Requirements. 
(1)  Information. 

(i)  Each  manufacturer  of  tires,  or  in  the  case 
of  tires  marketed  under  a  brand  name,  each 
brand  name  owner,  shall  provide  ghading  in- 
formation for  each  tire  of  which  he  is  the 
manufacturer  or  brand  name  owner  in  the 
manner  set  forth  in  paragraphs  (d)  (1)  (i)  (A) 
and  (d)  (1)  (i)  (B)  of  this  section.  The  grades  for 
each  tire  shall  be  only  those  specified  in 
paragraph  (d)  (2)  of  this  section.  Each  tire  shall 
be  able  to  achieve  the  level  of  performance 
represented  by  each  grade  with  which  it  is 


labeled.  An  individual  tire  need  not,  however, 
meet  further  requirements  after  having  been 
subjected  to  the  test  for  any  one  grade. 

(A)  Except  for  a  tire  line,  manufactured 
within  the  first  six  months  of  production  of 
the  tire  line,  each  tire  shall  be  graded  with 
the  words,  letters,  symbols,  and  figures 
specified  in  paragraph  (d)  (2)  of  this  section, 
permanently  molded  into  or  onto  the  tire 
sidewall  between  the  tire's  maximum  section 
width  and  shoulder  in  accordance  with  one  of 
the  methods  in  Figure  1. 

(B)  (1)  Each  tire  manufactured  before  Oc- 
tober 1, 1980,  other  than  a  tire  sold  as  original 
equipment  on  a  new  vehicle,  shall  have  affixed 
to  its  tread  surface  in  a  manner  such  that  it  is 
not  easily  removable  a  label  containing  its 
grades  and  other  information  in  the  form  il- 
lustrated in  Figure  2,  Part  II,  bearing  the 
heading  "DOT  QUALITY  GRADES."  The 
treadwear  grade  attributed  to  the  tire  shall  be 
either  imprinted  or  indelibly  stamped  on  the 
label  adjacent  to  the  description  of  the 
tread-  ear  grade.  The  label  shall  also  depict 
all  possible  grades  for  traction  and  temper- 
ature resistance.  The  traction  and  temper- 
ature resistance  performance  grades  attri- 
buted to  the  tire  shall  be  indelibly  circled. 
However,  each  tire  labeled  in  conformity  with 
the  requirements  of  paragraph  (dXlXiXBX^) 
of  this  section  need  not  comply  with  the  provi- 
sions of  this  paragraph. 

(2)  Each  tire  manufactured  on  or  after 
October  1,  1980,  other  than  a  tire  sold  as 
original  equipment  on  a  new  vehicle,  shall 
have  affixed  to  its  tread  surface  so  as  not 
to  be  easily  removable  a  label  or  labels  con- 
taining its  grades  and  other  information  in 
the  form  illustrated  in  Figure  2,  Parts  I 
and  II.  The  treadwear  grade  attributed  to 
the  tire  shall  be  either  imprinted  or  in- 
delibly stamped  on  the  label  containing  the 
material  in  Part  I  of  Figure  2,  directly  to 
the  right  of  or  below  the  word  "TREAD- 
WEAR". The  traction  and  temperature 
resistance  performance  grades  attributed 
to  the  tire  shall  be  indelibly  circled  in  an  ar- 
ray of  the  potential  grade  letters  (ABC) 
directly  to  the  right  of  or  below  the  words 
"TRACTION"  and  "TEMPERATURE" 
in  Part  I  of  Figure  2.  The  words  "TREAD- 
WEAR," "TRACTION,"  and  "TEMPER- 
ATURE," in  that  order,  may  be  laid  out 


PART  575-7 


vertically  or  horizontally.  The  text  part  of 
Part  II  of  Figure  2  may  be  printed  in 
capital  letters.  The  text  of  Part  I  and  the 
text  of  Part  II  of  Figure  2  need  not  appear 
on  the  same  label,  but  the  edges  of  the  two 
texts  must  be  positioned  on  the  tire  tread 
so  as  to  be  separated  by  a  distance  of  no 
more  than  one  inch.  If  the  text  of  Part  I 
and  the  text  of  Part  II  are  placed  on  sepa- 
rate labels,  the  notation  "See  EXPLAN- 
ATION OF  DOT  QUALITY  GRADES" 
shall  be  added  to  the  bottom  of  the  Part  I 
text,  and  the  words  "EXPLANATION  OF 
DOT  QUALITY  GRADES"  shall  appear  at 
the  top  of  the  Part  II  text.  The  text  of 
Figure  2  shall  be  oriented  on  the  tire  tread 
surface  with  lines  of  type  running  perpen- 
dicular to  the  tread  circumference.  If  a 
label  bearing  a  tire  size  designation  is  at- 
tached to  the  tire  tread  surface  and  the  tire 
size  designation  is  oriented  with  lines  of 
type  running  perpendicular  to  the  tread 
circumference,  the  text  of  Figure  2  shall 
read  in  the  same  direction  as  the  tire  size 
designation, 
(ii)  In  the  case  of  information  required  in 
accordance  with  §  575.6(c)  to  be  furnished  to 
prospective  purchasers  of  motor  vehicles  and 
tires,  each  vehicle  manufacturer  and  each  tire 
manufacturer  or  brand  name  owner  shall  as 
part  of  that  information  list  all  possible  grades 
for  traction  and  temperature  resistance,  and 
restate  verbatim  the  explanations  for  each 
performance  area  specified  in  Figure  2.  The  in- 
formation need  not  be  in  the  same  format  as  in 
Figure  2.  In  the  case  of  a  tire  manufacturer  or 
brand  name  owner,  the  information  must  in- 
dicate clearly  and  unambiguously  the  grade  in 
each  performance  area  for  each  tire  of  that 
ma  ufacturer  or  brand  name  owner  offered  for 
sale  at  the  particular  location. 

(iii)  In  the  case  of  information  required  in 
accordance  with  §  575.6(a)  to  be  furnished  to 
the  first  purchaser  of  a  new  motor  vehicle, 
other  than  a  motor  vehicle  equipped  with  bias- 
ply  tires  manufactured  prior  to  October  1, 
1979,  and  April  1,  1980,  and  a  radial-ply  tire 
manufactured  prior  to  October  1,  1980,  each 
manufacturer  of  motor  vehicles  shall  as  part  of 
the  information  list  all  possible  grades  for  trac- 
tion and  temperature  resistance  and  restate 
verbatim  the  explanation  for  each  perform- 
ance area  specified  in  Figure  2.  The  informa- 


tion need  not  be  in  the  format  of  Figure  2,  but  it 
must  contain  a  statement  referring  the  reader 
to  the  tire  sidewall  for  the  specific  tire  grades 
for  the  tires  with  which  the  vehicle  is  equipped. 
(2)  Performance. 

(i)  Treadwear.  Each  tire  shall  be  graded  for 
treadwear  performance  with  the  word 
"TREADWEAR"  followed  by  a  number  of 
two  of  three  digits  representing  the  tire's 
grade  for  treadwear,  expressed  as  a  percen- 
tage of  the  NHTSA  nominal  treadwear  value, 
when  tested  in  accordance  with  the  conditions 
and  procedures  specified  in  paragraph  (e)  of 
this  section.  [On  and  before  August  31,  1993, 
treadwear  grades  shall  be  multiples  of  10  (e.g., 
80,  150).  On  and  after  September  1,  1993, 
treadwear  grades  shall  be  in  multiples  of  20. 
(e.g.,  80,  120,  and  160).  (56  F.R.  26769— June  11, 
1991.  Effective:  September  1,  1993)1 

(ii)  Traction.  Each  tire  shall  be  graded  for 
traction  performance  with  the  word  "TRAC- 
TION," followed  by  the  symbols  C,  B,  or  A 
(either  asterisks  or  5-pointed  stars)  when  the 
tire  is  tested  in  accordance  with  the  conditions 
and  procedures  specified  in  paragraph  (f)  of 
this  section. 

(A)  The  tire  shall  be  graded  C  when  the 
adjusted  traction  coefficient  is  either: 

(1)  0.38  or  less  when  tested  in  accord- 
ance with  paragraph  (f)  (2)  of  this  section 
on  the  asphalt  surface  specified  in 
paragraph  (f)  (1)  (i)  of  this  section,  or 

(2)  0.26  or  less  when  tested  in  accord- 
ance with  paragraph  (f )  (2)  of  this  section 
on  the  concrete  surface  specified  in 
paragraph  (f)  (1)  (i)  of  this  section. 

(B)  The  tire  may  be  graded  B  only  when 
its  adjusted  traction  coefficient  is  both: 

(i)  More  than  0.38  when  tested  in 
accordance  with  paragraph  (f)  (2)  of  this 
section  on  the  asphalt  surface  specified  in 
paragraph  (f)  (1)  (i)  of  this  section,  and 

(2)  More  than  0.26  when  tested  in 
accordance  with  paragraph  (f)  (2)  of  this 
section  on  the  concrete  surface  specified  in 
paragraph  (f)  (1)  (i)  of  this  section. 

(C)  The  tire  may  be  graded  A  only  when 
its  adjusted  traction  coefficient  is  both: 

(1)  More  than  0.47  when  tested  in  accord- 
ance with  paragraph  (f)  (2)  of  this  section  on 
the  asphalt  surface  specified  in  paragraph 
(f)  (1)  (i)  of  this  section,  and 


6/11/91) 


PART  575-8 


(2)  More  than  0.35  when  tested  in  accord- 
ance with  paragraph  (f )  (2)  of  this  section  on 
the  concrete  surface  specified  in  paragraph 
(f)  (1)  (i)  of  this  section, 
(iii)  Temperature  resistance.  Each  tire  shall 
be  graded  for  temperature  resistance  perform- 
ance with  the  word  "TEMPERATURE"  fol- 
lowed by  the  letter  A,  B,  or  C,  based  on  its 
performance  when  the  tire  is  tested  in  accord- 
ance   with    the    procedures    specified    in 
paragraph  (g)  of  this  section.  A  tire  shall  be 
considered  to  have  successfully  completed  a 
test  stage  in  accordance  with  this  paragraph  if, 
at  th  end  of  the  test  stage,  it  exhiJbits  no  visual 
evidence   of  tread,    sidewall,    ply,   cord,    in- 
nerliner  or  bead  separation,  chunking,  broken 
cords,  cracking  or  open  splices  a  defined  in 
§  571.109  of  this  chapter,  and  the  tire  pressure 
is  not  less  than  the  pressure  specified  in 
paragraph  (g)  (1)  of  this  section. 

(A)  The  tire  shall  be  graded  C  if  it  fails  to 
complete  the  500  rpm  test  stage  specified  in 
paragraph  (g)  (9)  of  this  section. 

(B)  The  tire  may  be  graded  B  only  if  it 
successfully  completes  the  500  rpm  test  stage 
specified  in  paragraph  (g)  (9)  of  this  section. 

(C)  The  tire  may  be  graded  A  only  if  it 
successfully  completes  the  575  rpm  test  stage 
specified  in  paragraph  (g)  (9)  of  this  section. 

(e)  Treadwear  grading  conditions  and  proce- 
dures— (1)  Conditions,  (i)  Tire  treadwear  per- 
formance is  evaluated  on  a  specific  roadway  course 
approximately  400  miles  in  length,  which  is 
established  by  the  NHTSA  both  for  its  own  com- 
pliance testing  and  for  that  of  regulated  persons. 
The  course  is  designed  to  produce  treadwear  rates 
that  are  generally  representative  of  those  en- 
countered by  tires  in  public  use.  The  course  and 
driving  procedures  are  described  in  Appendix  A  to 
this  section. 

(ii)  Treadwear  grades  are  evaluated  by  first 
measuring  the  performance  of  a  candidate  tire 
on  the  government  test  course,  and  then 
correcting  the  projected  mileage  obtained  to 
account  for  environmental  variations  on  the 
basis  of  the  performance  of  the  course 
monitoring  tires  run  in  the  same  convoy.  The 
course  monitoring  tires  are  made  available  by 
the  NHTSA  at  Goodfellow  Air  Force  Base,  San 
Angelo,  Tex.,  for  purchase  by  any  persons  con- 
ducting tests  at  the  test  course. 

(iii)  In  convoy  tests  each  vehicle  in  the  same 
convoy,  except  for  the  lead  vehicle,  is 
throughout  the  test  within  human  eye  range  of 
the  vehicle  immediately  ahead  of  it. 


(iv)  [A  test  convoy  consists  of  two  or  four 
passenger  cars,  light  trucks,  or  MVPs,  each 
with  a  GVWR  of  10,000  pounds  or  less.  (56  F.R. 
57988— November  15.  1991.  Effective:  December 
16,  1991)1 

(v)  On  each  convoy  vehicle,  all  tires  are 
mounted  on  identical  rims  of  design  or  measur- 
ing rim  width  specified  for  tires  of  that  size  in 
accordance  with  49  CFR  571.109,  §  4.4.1(a)  or 
(b),  or  a  rim  having  a  width  within  -0  to  -1-0.50 
inches  of  the  width  oisted. 

(2)  Treadwear  grading  procedure,  (i)  [Equip  a 
convoy  as  follows:  Place  four  course  monitoring 
tires  on  one  vehicle.  Place  four  candidate  tires 
with  identical  size  designations  on  each  other 
vehicle  in  the  convoy.  On  each  axle,  place  tires 
that  are  identical  with  respect  to  manufacturer 
and  line. 

(ii)  Inflate  each  candidate  and  each  course 
monitoring  tire  to  the  applicable  pressure 
specified  in  Table  1  of  this  section. 

(iii)  Load  each  vehicle  so  that  the  load  on  each 
course  monitoring  and  candidate  tire  is  85  per- 
cent of  the  test  load  specified  in  §  575.104(h). 

(iv)  Adjust  wheel  alignment  to  the  midpoint 
of  the  vehicle  manufacturer's  specifications, 
unless  adjustment  to  the  midpoint  is  not 
recommended  by  the  manufacturer;  in  that 
case,  adjust  the  alignment  to  the  manufac- 
turer's recommended  setting.  In  all  cases,  the 
setting  is  within  the  tolerance  specified  by  the 
manufacturer  of  the  alignment  machine. 

(v)  Subject  candidate  and  course  monitoring 
tires  to  "break-in"  by  running  the  tires  in  con- 
voy for  two  circuits  of  the  test  roadway  (800 
miles).  At  the  end  of  the  first  circuit,  rotate 
each  vehicle's  tires  by  moving  each  front  tire 
to  the  same  side  of  the  rear  axle  and  each  rear 
tire  to  the  opposite  side  of  the  front  axle. 
Visually  inspect  each  tire  for  any  indication  of 
abnormal  wear,  tread  separation,  bulging  of 
the  sidewall,  or  any  sign  of  tire  failure.  Void 
the  grading  results  from  any  tire  with  any  of 
these  anomalies,  and  replace  the  tire. 

(vi)  After  break-in,  allow  the  air  pressure  in 
the  tires  to  fall  to  the  applicable  pressure 
specified  in  Table  1  of  this  section  or  for  2 
hours,  whichever  occurs  first.  Measure,  to  the 
nearest  0.001  inch,  the  tread  depth  of  each  can- 
didate and  each  course  monitoring  tire, 
avoiding  treadwear  indicators,  at  six  equally 
spaced  points  in  each  groove.  For  each  tire 
compute  the  average  of  the  measurements.  Do 
not  measure  those  shoulder  grooves  which  are 
not  provided  with  treadwear  indicators. 


(Rev.  11/15/91) 


PART  575- 


(vii)  Adjust  wheel  alignment  to  the  midpoint 
of  the  manufacturer's  specifications,  unless  ad- 
justment to  the  midpoint  is  not  recommended 
by  the  manufacturer;  in  that  case,  adjust  the 
alignment  according  to  the  manufacturer's 
recommended  setting.  In  all  cases,  the  setting 
is  within  the  tolerance  specified  by  the 
manufacturer  of  the  alignment  machine. 

(viii)  Drive  the  convoy  on  the  test  roadway 
for  6,400  miles. 

(A)  After  each  400  miles,  rotate  each  vehi- 
cle's tires  by  moving  each  front  tire  to  the 
same  side  of  the  rear  axle  and  each  rear  tire 
to  the  opposite  side  of  the  front  axle.  Visually 
inspect  each  tire  for  treadwear  anomalies. 

(B)  After  each  800  miles,  rotate  the 
vehicles  in  the  convoy  by  moving  the  last 
vehicle  to  the  lead  position.  Do  not  rotate 
driver  positions  within  the  convoy.  In  four- 
car  convoys,  vehicle  one  shall  become  vehicle 
two,  vehicle  two  shall  become  vehicle  three, 
vehicle  three  shall  become  vehicle  four,  and 
vehicle  four  shall  become  vehicle  one. 

(C)  After  each  800  miles,  if  necessary, 
adjust  wheel  alignment  to  the  midpoint  of 
the  vehicle  manufacturer's  specification, 
unless  adjustment  to  the  midpoint  is  not 
recommended  by  the  manufacturer;  in  that 
case,  adjust  the  alignment  to  the  manu- 
facturer's recommended  setting.  In  all  cases, 
the  setting  is  within  the  tolerance  specified 
by  the  manufactur  of  the  alignment  machine. 

(D)  After  each  800  miles,  if  determining 
the  projected  mileage  by  the  9-point  method 
set  forth  in  (e)(2)(ix)(aXl),  measure  the 
average  tread  depth  of  each  tire  following 
the  procedure  set  forth  in  paragraph 
(e)(2)(vi)  of  this  section. 

(E)  After  each  1,600  miles,  move  the  com- 
plete set  of  four  tires  to  the  following  vehi- 
cle. Move  the  tires  on  the  last  vehicle  to  the 
lead  vehicle.  In  moving  the  tires,  rotate  them 
as  set  forth  in  (e)(2)(viii)(A)  of  this  section. 

(F)  At  the  end  of  the  test,  measure  the 
tread  depth  of  each  tire  pursuant  to  the  pro- 
cedure set  forth  in  paragraph  (e)(2)(vi)  of  this 
section. 

(ix)(A)  Determine  the  projected  mileage  for 
each  candidate  tire  either  by  the  nine-point 
method  of  least  squares  set  forth  in 
(eX2Xix)(A)(l)  and  Appendix  C,  or  by  the  two- 
point    arithmetical     method    set    forth    in 


(eX2XixXAX2).  Notify  NHTSA  about  which  of 
the  alternative  grading  methods  is  being  used. 

(1)  Nine-Point  Method  of  Least  Sqwares.  For 
each  course  monitoring  and  candidate 
tire  in  the  convoy,  using  the  average  tread 
depth  measurements  obtained  in  accordance 
with  paragraphs  (e)  (2)  (vi)  of  this  section  and 
the  corresponding  mileages  as  data  points, 
apply  the  method  of  least  squares  as  described 
in  Appendix  C  of  this  section  to  determine  the 
estimated  regression  line  of  y  on  x  given  by  the 
following  formula: 

y  =  a  -I-     bx 
1000 
where: 
y  =  average  tread  depth  in  mils, 
x  =  miles  after  break-in, 

a  =  y  intercept  of  regression  line  (reference  tread 
depth)  in  mils,  calculated  using  the  method  of  least 
squares;  and 
b  =  the  slope  of  the  regression  line  in  mils  of  tread 
depth  per  1,000  miles,  calculated  using  the  method 
of  least  squares.  This  slope  will  be  negative  in 
value.  The  tire's  wear  rate  is  defined  as  the  ab- 
solute value  of  the  slope  of  the  regression  line. 

(2)  Two-Point  Arithmetical  Method.  For 
each  course  monitoring  and  candidate  tire  in 
the  convoy,  using  the  average  tread  depth 
measurements  obtained  in  accordance  with 
paragraph  (e)  (2)  (vi)  and  (eX2XviiiXF)  of  this 
section  and  the  corresponding  mileages  as  data 
points,  determine  the  slope  (m)  of  the  tire's 
wear  in  mils  of  thread  depth  per  1,000  miles  by 
the  following  formula: 

m  =  1000  (Yl-Yo) 

(Xl-Xo) 
where: 

Yo  =  average  tread  depth  after  break-in,  mios 

Yl  =  average  tread  depth  at  6,400  miles,  mils 

Xo  =  o  miles  (after  break-in). 

Xl=6,400  miles  of  travel 

This  slope  (m)  wiW  be  negative  in  value,  tire's 
wear  rate  is  defined  as  the  slope  (m)  expressed 
in  mils  per  1000  miles. 

(B)  Average  the  wear  rates  of  the  four 
course  monitoring  tires  as  determined  in  ac- 
cordance with  paragraph  (eX2Xix)(A)  of  this 
section. 

(C)  Determine  the  course  severity  adjust- 
ment factor  by  dividing  the  base  wear  rate  for 
the  course  monitoring  tires  (see  note  below)  by 
the  average  wear  rate  for  the  four  course 
monitoring  tires. 


PART  575-10 


.»J>  Sui.  Mold  S?  V^ 

xjy        OPTION.  y\ 


TREAOWEAR  160  ^ 
TRACTION  B 


TEMPERATURE  B  ^     i 


[Part  1]  DOT  Quality  Grades 

Treadwear 

The  treadwear  grade  is  a  comparative  rating  based  on  the  wear  rate  of  the  tire  when  tested  under  controlled  conditions 
on  a  specified  government  test  course.  For  example,  a  tire  graded  150  would  wear  one  and  a  half  (1 V2)  times  as  well  on 
the  government  course  as  a  tire  graded  100.  The  relative  performance  of  tires  depends  upon  the  actual  conditions  of 
their  use,  however,  and  may  depart  significantly  from  the  norm  due  to  variations  in  driving  habits,  service  practices, 
and  differences  in  road  characteristics  and  climate. 

Traction 

The  traction  grades,  from  highest  to  lowest,  are  A,  B,  and  C,  and  they  represent  the  tire's  ability  to  stop  on  wet 
pavements  as  measured  under  controlled  conditions  on  specified  government  test  surfaces  of  asphalt  and  concrete.  A 
tire  marked  C  may  have  poor  traction  performance.  WARNING:  The  traction  grade  assigned  to  this  tire  is  based  on 
braking  (straightahead)  traction  tests  and  does  not  included  cornering  (turning)  traction. 

Temperature 

The  temperature  grades  of  A  (the  highest),  B,  and  C,  representing  the  tire's  resistance  to  the  generation  of  heat  and  its 
ability  to  dissipate  heat  when  tested  under  controlled  conditions  on  a  specified  indoor  laboratory  test  wheel.  Sustained 
high  temperature  can  cause  the  material  of  the  tire  to  degenerate  and  reduce  tire  life,  and  excessive  temperature  can 
lead  to  sudden  tire  failure.  The  grade  C  corresponds  to  a  level  of  performance  which  all  passenger  car  tires  must  meet 
under  the  Federal  Motor  Vehicle  Safety  Standard  No.  109.  Grades  B  and  A  represent  higher  levels  of  performance  on 
the  laboratory  test  wheel  than  the  minimum  required  by  law.  WARNING:  The  temperature  grade  for  this  tire  is 
established  for  a  tire  that  is  properly  inflated  and  not  overloaded.  Excessive  speed,  under-inflation,  or  excessive 
loading  either  separately  or  in  combination,  can  cause  heat  buildup  and  possible  tire  failure. 
(Part  II]  All  Passenger  Car  Tires  Must  Conform  to  Federal  Safety  Requirements  in  Addition  to  These  Grades. 

(Rev.  11/15/90)  PART   575-11 


NOTE:  The  base  wear  rates  for  the  cou  Go 
monitoring  tires  will  be  furnished  to 
the  purchaser  at  the  time  of  purchase. 

(d)  Determine  the  adjusted  wear  rate  for  each 
candidate  tire  by  multiplying  its  wear  rate  deter- 
mined in  accordance  with  paragraph  (e)(2)(ix)(A)  of 
this  section  by  the  course  severity  adjustment  fac- 
tor determined  in  accordance  with  paragraph 
(e)(2)(ix)(C)  of  this  section. 

(E)  Determine  the  projected  mileage  for  each 
candidate  tire  by  applying  the  appropriate  formula 
set  forth  below: 

(1)  If  the  projected  mileage  is  calculated  pur- 
suant to  (e)(2)(ix)(a)(l),  then 

Projected  mileage  = 


where: 

a  =y  intercept  of  regression  line  (reference  tread  depth) 
for  the  candidate  tire  as  determined  in  accordance 
with  paragraph  (e)  (2)  (ix)  (A)  of  this  section. 

b'  =  the  adjusted  wear  rate  for  the  candidate  tire  as 
determined  in  accordance  with  paragraph 
(e)  (2)  (ix)  (D)  of  this  section. 

(2)  If  the  projected  mileage  is  calculated  pur- 
suant to  (e)(2)(ix)(a)(2),  then: 


-800 


Projected  mileage  = 


1000  (Yo- 62) 
mc 


-800 


where: 

Yo  =  average  tread  depth  after  break-in,  mils. 

mc  =  the  adjusted  wear  rate  for  the  candidate  tire  as 

determined    in    accordance    with    paragraph 

(e)  (2)  (ix)  (D)  of  this  section. 

(F)  Compute  the  percentage  (P)  of  the 
NHTSA  nominal  treadwear  value  for  each 
candidate  tire  using  the  following  formula: 


P  = 


Projected  Mileage 


On  and  before  August  31, 1993,  round  off  the 
percentage  to  the  nearest  lower  10%  incre- 
ment. [On  and  after  September  1,  1993, 
round  off  the  percentage  to  the  nearest 
lower  20-point  increment.  (56  F.R.  26769— 
June  11,  1991.  Effective:  September  1,  1993)] 

(f)  Traction  grading  conditions  and  proce- 
dures—(1)  Conditions,  (i)  Tire  traction  perfor- 
mance is  evaluated  on  skid  pads  that  are  estab- 
lished, and  whose  severity  is  monitored,  by  the 
NHSTA  both  for  its  compliance  testing  and  for 
that  of  regulated  persons.  The  test  pavements  are 
asphalt  and  concrete  surfaces  constructed  in  accor- 
dance with  the  specifications  for  pads  "C"  and 
"A"  in  the  "Manual  for  the  Construction  and 
Maintenance  of  Skid  Surfaces,"  National  Tech- 


nical Information  Service  No.  DOT-HS-800-814. 
The  surfaces  have  locked  wheel  traction  coeffi- 
cients when  evaluated  in  accordance  with  para- 
graphs (f)(2)(i)  through  (f)(2)(vii)  of  this  section  of 
0.50  ±  0.10  for  the  asphalt  and  0.35  ±  0.10  for  the 
concrete.  The  location  of  the  skid  pads  is  described 
in  Appendix  B  of  this  section. 

(ii)  The  standard  tire  is  the  American  Soci- 
ety for  Testing  and  Materials  (ASTM)  E  501 
"Standard  Tire  for  Pavement  Skid  Resistance 
Tests." 

(iii)  The  pavement  surface  is  wetted  in  ac- 
cordance with  paragraph  3.5,  "Pavement  Wet- 
ting System,"  of  ASTM  Method  E  274-79, 
"Skid  Resistance  of  Paved  Surfaces  Using  a 
Full-Scale  Tire." 

(iv)  The  test  apparatus  is  a  test  trailer  built 
in  conformity  with  the  specifications  in 
paragraph  3,  "Apparatus,"  of  ASTM  Method 
E  274-79,  and  instrumented  in  accordance 
with  paragraph  3.3.2  of  that  Method,  except 
that  "wheel  load"  in  paragraph  3.2.2  and  tire 
and  rim  specifications  in  paragraph  3.2.3  of 
that  Method  are  as  specified  in  the  procedures 
in  paragraph  (f )  (2)  of  this  section  for  standard 
and  candidate  tires. 

(v)  The  test  apparatus  is  calibrated  in  ac- 
cordance with  ASTM  Method  F  377-74, 
"Standard  Method  for  Calibration  of  Braking 
Force  for  Testing  of  Pneumatic  Tires"  with 
the  trailer's  tires  inflated  to  24  psi  and  loaded 
to  1,085  pounds. 

(vi)  Consecutive  tests  on  the  same  surface 
are  conducted  not  less  than  30  seconds  apart, 
(vii)  A  standard  tire  is  discarded  in  accord- 
ance with  ASTM  Method  E  501. 
(2)  Procedure,    (i)  Prepare  two  standard  tires 
as  follows: 

(A)  Condition  the  tires  by  running  them 
for  200  miles  on  a  pavement  surface. 

(B)  Mount  each  tire  on  a  rim  of  design  or 
measuring  rim  width  specified  for  tires  of  its 
size  in  accordance  with  49  CFR  571.109, 
§  4.4.1(a)  or  (b),  or  a  rim  having  a  width 
within  -0  to  -1-0.50  inches  of  the  width 
listed.  Then  inflate  the  tire  to  24  psi,  or,  in 
the  case  of  a  tire  with  inflation  pressure 
measured  in  kilopascals,  to  180  kPa. 

(C)  Statically  balance  each  tire-rim  com- 
bination. 

(D)  Allow  each  tire  to  cool  to  ambient  tem- 
perature and  readjust  its  inflation  pressure  to 
24  psi,  or,  in  the  case  of  a  tire  with  inflation 
pressure  measured  in  kilopascals,  to  180  kPa. 


PART  575-12 


(ii)  Mount  the  tires  on  the  test  apparatus 
described  in  paragraph  (f)  (1)  (iv)  of  this  sec- 
tion and  load  each  tire  to  1,085  pounds. 

(iii)  Tow  the  trailer  on  the  asphalt  test  sur- 
face specified  in  paragraph  (f)  (1)  (i)  of  this  sec- 
tion at  a  speed  of  40  mph,  lock  one  trailer  wheel, 
and  record  the  locked-wheel  traction  coefficient 
on  the  tire  associated  with  that  wheel  between 
0.5  and  1.5  seconds  after  lockup. 

(iv)  Repeat  the  test  on  the  concrete  surface, 
locking  the  same  wheel. 

(v)  Repeat  the  tests  specified  in  paragraphs 
(f)  (2)  (iii)  and  (f)  (2)  (iv)  of  this  section  for  a 
total  of  10  measurements  on  each  test  surface. 

(vi)  Repeat  the  procedures  specified  in  para- 
graphs (f)  (2)  (iii)  through  (f)  (2)  (v)  of  this  sec- 
tion, locking  the  wheel  associated  with  the 
other  tire. 

(vii)  Average  the  20  measurements  taken  on 
the  asphalt  surface  to  find  the  standard  tire 
traction  coefficient  for  the  asphalt  surface. 
Average  the  20  measurements  taken  on  the 
concrete  surface  to  find  the  standard  tire  trac- 
tion coefficient  for  the  concrete  surface.  The 
standard  tire  traction  coefficient  so  determined 
may  be  used  in  the  computation  of  adjusted 
traction  coefficients  for  more  than  one  can- 
didate tire. 

(viii)  Prepare  two  candidate  tires  of  the  same 
construction  type,  manufacturer,  line,  and  size 
designation  in  accordance  with  paragraph  (f)  (2) 
(i)  of  this  section,  mount  them  on  the  test  ap- 
paratus, and  test  one  of  them  according  to  the 
procedures  of  paragraph  (fX2Xii)  through  (v)  of 
this  section,  except  load  each  tire  to  85%  of  the 
test  load  specified  in  §575. 104(h).  [For  CT  tires, 
the  test  inflation  of  candidate  tires  shall  be  230 
kPa.  (55  F.R.  49618— November  30,  1990.  Effec- 
tive: December  31,  1990)] 
(ix)  Compute  a  candidate  tire's  adjusted  traction 
coefficient  for  asphalt  (na)  by  the  following  formula: 


;^=  Measured    candidate    tire    coefficient   for 
asphalt  +0.50 

-  Measured  standard  tire  coefficient  for  asphalt 

(x)  Compute  a  candidate  tire's  adjusted  trac- 
tion coefficient  for  concrete  (nc)  by  the  follow- 
ing formula: 

ft,  =  Measured   candidate   tire   coefficient   for  con- 
crete +  0.35 

-  Measured  standard  tire  coefficient  for  concrete 

(g)  Temperature  resistance  grading.  (1)  Mount 
the  tire  on  a  rim  of  design  or  measuring  rim  width 
specified  for  tires  of  its  size  in  accordance  with  49 
CFR  571.109,  §  4.4.1(a)  or  (b)  CFR  571.109, 
§  4.4.1(a)  or  (b)  and  inflate  it  to  the  applicable 
pressure  specified  in  Table  1  of  this  section. 

(2)  Condition  the  tire-rim  assembly  to  any 
temperature  up  to  95°F  for  at  least  3  hours. 

(3)  Adjust  the  pressure  again  to  the  applicable 
pressure  specified  in  Table  1  of  this  section. 

(4)  Mount  the  tire-rim  assembly  on  an  axle, 
and  press  the  tire  tread  against  the  surface  of  a 
flat-faced  steel  test  wheel  that  is  67.23  inches  in 
diameter  and  at  least  as  wide  as  the  section 
width  of  the  tire. 

(5)  During  the  test,  including  the  pressure 
measurements  specified  in  paragraphs  (g)  (1)  and 
(g)  (3)  of  this  section,  maintain  the  temperature  of 
the  ambient  air,  as  measured  12  inches  from  the 
edge  of  the  rim  flange  at  any  point  on  the  circum- 
ference on  either  side  of  the  tire  at  any  tempera- 
ture up  to  95°F.  Locate  the  temperature  sensor  so 
that  its  readings  are  not  affected  by  heat  radia- 
tion, drafts,  variations  in  the  temperature  of  the 
surrounding  air,  or  guards  or  other  devices. 

(6)  Press  the  tire  against  the  test  wheel  with  a 
load  of  88  percent  of  the  tire's  maximum  load 
rating  as  marked  on  the  tire  sidewalk 

(7)  Rotate  the  test  wheel  at  250  rpm  for  2  hours. 

(8)  Remove  the  load,  allow  the  tire  to  cool  to 
95°F  or  for  2  hours,  whichever  occurs  last,  and 
readjust  the  inflation  pressure  to  the  applicable 
pressure  specified  in  Table  1  of  this  section. 


Table  1.— Test  Inflation  Pressures 


Maximum  permissible  inflat 

ion  pressure  for  the  following  test: 

lbs/ in  ± 

kPa 

IkPa  (1) 

ITesttest] 

S2 

36 

40 

60 

2i0 

280       300 

SJ^O 

290 

330      350 

390 

[Treadwear  test] 

.    224 

28 

32 

52 

180 

220      180 

220 

230 

270      230 

270 

Temperature  resistance 

test]... 

.     30 

34 

38 

58 

220 

260      220 

260 

270 

310      270 

310] 

[(1)  For  CT  tires  only] 

1(55  F.R.  49618-November  30.  1990.  Effective:  December  31,  1990)1 
(Rev.  11/30/90)  PART  575-13 


(9)  Reapply  the  load  and  without  interruption 
or  readjustment  of  inflation  pressure,  rotate  the 
test  wheel  at  375  rpm  for  30  minutes,  and  then  at 
successively  higher  rates  in  25  rpm  increments, 
each  for  30  minutes,  until  the  tire  has  run  at  575 
rpm  for  30  minutes,  or  to  failure,  whichever  oc- 
curs first. 

(h)  Determination  of  test  load.  [(1)  To  determine 
test  loads  for  purposes  of  paragraphs  (e)  (2)  (iii) 
and  (f)  (2)  (viii),  follow  the  procedure  set  forth  in 
paragraphs  (h)  (2)  through  (5)  of  this  section. 

(2)  Determine  the  tire's  maximum  inflation 
pressure  and  maximum  load  rating  both  as 
specified  on  the  tire's  sidewall. 

(3)  Determine  the  appropriate  multiplier  cor- 
responding to  the  tire's  maximum  inflation 
pressure,  as  set  forth  in  Table  2. 

(4)  Multiply  the  tire's  maximum  load  rating  by 
the  multiplier  determined  in  paragraph  (3).  This 
is  the  tire's  calculated  load. 

(5)  Round  the  product  determined  in  paragraph 
(4)  (the  calculated  load)  to  the  nearest  multiple  of 
ten  pounds  or,  if  metric  units  are  used,  5 
kilograms.  For  example,  903  pounds  would  be 
rounded  to  900  and  533  kilograms  would  be 
rounded  to  535.  This  figure  is  the  test  load. 


Table  2' 


Maximum 
Inflaction 
Pressure 

Multiplier  to  be 

v^efor 
treadwear  testing 

Multiplier  to  be 

used  for 
traction  testing 

[32  lbs/in2 . . . 

R^^ 

851 

361bs/in2 

870 

.797 

401bs/in2 

883 

.753 

240  kPa 

866 

.866 

280  kPa 

887 

.804 

300  kPa 

866 

.866 

340  kPa 

887 

.804 

290kPa(l) 

866 

.866 

330kPa(l) 

887 

.804 

350kPa(l) 

866 

.866 

390kPa(l) 

887 

.804 

(1)  For  CT  tires  onlyj 

'  Prior  to  July  1,  1984,  the  multipliers  in  the  above  table  are  not 
to  be  used  in  determining  loads  for  the  tire  size  designations 
listed  below  in  Table  2A.  For  those  designations,  the  load 
specifications  in  that  table  shall  be  used  in  UTQG  testing  during 
that  period.  These  loads  are  the  actual  loads  at  which  testing 
shall  be  conducted  and  should  not  be  multiplied  by  the  85  per- 
cent factors  specified  for  treadwear  and  traction  testing. 


(55    F.R.    49618— November 
December  31,  1990)] 


1990.    Effective: 


Table  2A 


Temp  Resistance 

Traction 

Treadwear 

Tire  Size  Designation 

Max  Pressure 

Max  Pressure 

32 

36 

■iO 

32 

36 

JfO 

145/70  R13 

615 

650 

685 

523 

523 

553 

582 

155/70  R13 

705 

740 

780 

599 

599 

629 

663 

165/70  R13 

795 

835 

880 

676 

676 

710 

748 

175/70  R13 

890 

935 

980 

757 

757 

795 

833 

185/70  R13 

990 

1040 

1090 

842 

842 

884 

926 

195/70  R13 

1100 

1155 

1210 

935 

935 

982 

1029 

155/70  R14 

740 

780 

815 

629 

629 

663 

693 

175/70  R14 

925 

975 

1025 

786 

786 

829 

871 

185/70  R14 

1045 

1100 

1155 

888 

888 

935 

982 

195/70  R14 

1155 

1220 

1280 

982 

982 

1037 

1088 

155/70  R15 

770 

810 

850 

655 

655 

689 

723 

175/70  R15 

990 

1040 

1090 

842 

842 

884 

927 

185/70  R15 

1100 

1155 

1210 

935 

935 

982 

1029 

5.60-13 

725 

810 

880 

616 

616 

689 

748 

5.20-14 

695 

785 

855 

591 

591 

667 

727 

165-15 

915 

1015 

1105 

779 

779 

863 

939 

185/60  R13 

845 

915 

980 

719 

719 

778 

833 

PART  575-14 


[(i)  Effective    dates   for    treadwear    grading 
requirements  for  radial  tires. 

(1)  Treadwear  labeling  requirements  of 
§575.104  (d)(l)(i)(B)(2)  apply  to  tires  manufac- 
tured on  or  after  April  1,  1985. 

(2)  Requirements  for  NHTSA  review  of  tread- 
wear information  in  consumer  brochures,  as 
specified  in  paragraph  575.6(d)(2),  are  effective 
April  1,  1985. 

(3)  Treadwear  consumer  information  brochure 
requirements  of  paragraph  575.6(c)  are  effective 
May  1,  1985. 

(4)  Treadwear  sidewall  molding  requirements 
of  S575.104(d)(lXi)(A)  apply  to  tires  manufac- 
tured on  or  after  September  1,  1985. 

(j)  Effective  dates  for  treadwear  grading  require- 
ments for  bias  ply  tires. 

(1)  Treadwear  labeling  requirements  of 
§575.104  (d)(l)(iXB)(2)  apply  to  tires  manufac- 
tured on  or  after  December  15,  1984. 

(2)  Requirements  for  NHTSA  review  of 
treadwear  information  in  consumer  brochures, 
as  specified  in  paragraph  575.6(d)(2),  are  effec- 
tive December  15,  1984. 

(3)  Treadwear  consumer  information  brochure 
requirements  of  paragraph  575.6(c)  are  effective 
January  15,  1985. 

(4)  Treadwear  sidewall  molding  requirements 
of  §575.104(d)(l)(i)(A)  apply  to  tires  manufac- 
tured on  or  after  May  15,  1985. 

(k)  Effective  dates  for  treadwear  grading  re- 
quirements for  bias  belted  tires. 

(1)  Treadwear  labeling  requirements  of 
§575.104  (d)(l)(i)(B)(2)  apply  to  tires  manufac- 
tured on  or  after  March  1,  1985. 

(2)  Requirements  for  NHTSA  review  of 
treadwear  information  in  consumer  brochures, 
as  specified  in  paragraph  575.6(d)(2),  are  effec- 
tive March  1,  1985. 

(3)  Treadwear  consumer  information  brochure 
requirements  of  paragraph  575.6(c)  are  effective 
April  1,  1985. 

(4)  Treadwear  sidewall  molding  requirements 
of  §575.104(d)(lXi)(A)  apply  to  tires  manufac- 
tured on  or  after  August  1,  1981. 

(1)  Effective  date  for  treadwear  information 
requirements  for  vehicle  manufacturers. 

Vehicle  manufacturer  treadwear  information 
requirements  of  §§575.6(a)  and  575.104(dXlXiii) 


are  effective  September  1,  1985.  (49  F.R.  49293— 
December  19, 1984.  Effective:  see  Preamble  to  Docket 
No.  25;  Notice  58)) 


§  575.105     Utility  Vehicles. 

(a)  Purpose  and  scope.  This  section  requires 
manufacturers  of  utility  vehicles  to  alert  drivers 
that  the  particular  handling  and  manuvering 
characteristics  of  utility  vehicles  require  special 
driving  practices  when  those  vehicles  are  operated 
on  paved  roads. 

(b)  Application.  This  section  applies  to 
multipurpose  passenger  vehicles  (other  than  those 
which  are  passenger  car  derivatives)  which  have  a 
wheelbase  of  110  inches  or  less  and  special  features 
for  occasional  off-road  operation  ("Utility 
vehicles"). 

(c)  Required  information.  Each  manufacturer 
shall  prepare  and  affix  a  vehicle  sticker  as  specified 
in  paragraph  1  of  this  subsection  and  shall  provide 
in  the  vehicle  Owner's  Manual  the  information 
specified  in  paragraph  2  of  this  subsection. 

(1)  A  sticker  shall  be  permanently  affixed  to 
the  instrument  panel,  windshield  frame,  driver's 
side  sun  visor,  or  in  some  other  location  in  each 
vehicle  prominent  and  visible  to  the  driver.  The 
sticker  shall  be  printed  in  a  typeface  and  color 
which  are  clear  and  conspicuous.  The  sticker 
shall  have  the  following  or  similar  language: 

This  is  a  multipurpose  passenger  vehicle  which 
will  handle  and  maneuver  differently  from  an  or- 
dinary passenger  car,  in  driving  conditions  which 
may  occur  on  streets  and  highways  and  off  road. 
As  with  other  vehicles  of  this  type,  if  you  make 
sharp  turns  or  abrupt  maneuvers,  the  vehicle 
may  rollover  or  may  go  out  of  control  and  crash. 
You  should  read  driving  guidelines  and  instruc- 
tions in  the  Owner's  Manual,  and  WEAR  YOUR 
SEATBELTS  AT  ALL  TIMES. 

The  language  on  the  sticker  required  by 
paragraph  (1)  and  in  the  Owner's  Manual,  as  re- 
quired in  paragraph  (2),  may  be  modified  as  is 
desired  by  the  manufacturer  to  make  it  appro- 
priate for  a  specific  vehicle  design,  to  ensure  that 
consumers  are  adequately  informed  concerning 
the  unique  propensities  of  a  particular  vehicle 
model. 

(2Xi)  The  vehicle  Owner's  Manual  shall  include 
the  following  statement  in  its  introduction: 

As  with  other  vehicles  of  this  type,  failure  to 
operate  this  vehicle  correctly  may  result  in  loss 


PART  575-15 


of  control  or  an  accident.  Be  sure  to  read  "on- 
pavement"  and  "off- road"  driving  guidelines 
which  follow. 

(ii)  The  vehicle  Owner's  Manual  shall  include 
the  following  or  similar  statement: 

Utility  vehicles  have  higher  ground  clear- 
ance and  a  narrower  track  to  make  them 
capable  of  performing  in  a  wide  variety  of  off- 
road  applications.  Specific  design  character- 
istics give  them  a  higher  center  of  gravity  than 
ordinary  cars.  An  advantage  of  the  higher 
ground  clearance  is  a  better  view  of  the  road 
allowing  you  to  anticipate  problems.  They  are 


not  designed  for  cornering  at  the  same  speeds 
as  conventional  2-wheel  drive  vehicles  any 
more  than  low-slung  sports  cars  are  designed 
to  perform  satisfactorily  under  off-road  condi- 
tions. If  at  all  possible,  avoid  sharp  turns  or 
abrupt  maneuvers.  As  with  otheh  vehicles  of 
this  type,  failure  to  operate  this  vehicle  cor- 
rectly may  result  in  loss  of  control  or  vehicle 
rollover. 


§575.106     Deleted. 


34  F.R.  8112 
May  23,  1969 


PART  575-16 


APPENDIX  A 

Treadwear  Test  Course  and 
Driving  Procedures 

INTRODUCTION 

The  test  course  consists  of  three  loops  of  a  total 
of  400  miles  in  the  geographical  vicinity  of 
Goodfellow  AFB,  San  Angelo,  Texas. 

The  first  loop  runs  south  143  miles  through  the 
cities  of  Eldorado,  Sonora,  and  Juno,  Texas,  to  the 
Camp  Hudson  Historical  Marker,  and  returns  by 
the  same  route. 

The  second  loop  runs  east  over  Farm  and  Ranch 
Roads  (FM)  and  returns  to  its  starting  point. 

The  third  loop  runs  northwest  to  Water  Valley, 
northeast  toward  Robert  Lee  and  returns  via 
Texas  208  to  the  vicinity  of  Goodfellow  AFB. 

ROUTE 

The  route  is  shown  in  Figure  3.  The  table  iden- 
tifies key  points  by  number.  These  numbers  are  en- 
circled in  Figure  3  and  are  in  parentheses  in  the 
descriptive  material  that  follows. 

Southern  Loop 

The  course  begins  at  the  intersection  (1)  of 
Ft.  McKavitt  Road  and  Paint  Rock  Road  (FM  388) 
at  the  northwest  corner  of  Goodfellow  AFB. 

Drive  east  via  FM  388  to  junction  with  Loop 
Road  306  (2).  Turn  right  onto  Loop  Road  306  and 
proceed  south  to  junction  with  US  277  (3).  Turn 
onto  US  277  and  proceed  south  through  Eldorado 
and  Sonora  (4),  continuing  on  US  277  to  junction 
with  FM  189  (5).  Turn  right  onto  FM  189  and  pro- 
ceed to  junction  with  Texas  163  (6).  Turn  left  onto 
Texas  163,  proceed  south  to  Camp  Hudson  Histor- 
ical Marker  (7)  and  onto  the  paved  shoulder. 
Reverse  route  to  junction  of  Loop  Road  306  and 
FM  388  (2). 

Eastern  Loop 

From  junction  of  Loop  Road  306  and  FM  388  (2), 
make  right  turn  onto  FM  388  and  drive  east  to 
junction  with  FM  2334  (13).  Turn  right  onto  FM 
2334  and  proceed  south  across  FM  765  (14)  to  junc- 
tion of  FM  2334  and  US  87  (15).  For  convoys  that 
originate  at  Goodfellow  AFB,  make  U-turn  and 
return  to  junction  of  FM  388  and  Loop  Road  306 
(2)  by  the  same  route.  For  convoys  that  do  not 
originate  at  Goodfellow  AFB,  upon  reaching  junc- 
tion of  FM  2334  and  US  87  (15),  make  U-Turn  and 
continue  northon  FM  2334  past  the  intersecton 
with  FM  388  to  Veribest  Cotton  Gin,  a  distance  of 


WATER  VALLEY 


Amended:  (56  F.R.  47011— September  17,  1991) 

1.8  miles  beyond  the  intersection.  Make  U-turn  and 
return  to  junction  of  FM  2334  and  FM  388.  Turn 
right  onto  FM  388,  proceed  west  to  junction  FM 
388  and  Loop  Road  306. 

Northwestern  Loop 

From  junction  of  Loop  Road  306  and  FM  388  (2), 
make  right  turn  onto  Loop  Road  306.  Proceed  onto 
US  277,  to  junction  with  FM  2105(8).  Turn  left 
onto  FM  2105  and  proceed  west  to  junction  with 
US  87  (10).  Turn  right  on  US  87  and  proceed  north- 
west to   the  junction   with   FM   2034   near  the 


PART  575-17 


town  of  Water  Vally  (11),  turn  right  onto  FM  2034 
and  proceed  north  to  Texas  208  (12).  Turn  right 
onto  Texas  208  and  proceed  south  to  junction  with 
FM  2105  (9).  Turn  left  onto  FM  2105  and  proceed 
east  to  junction  with  US  277  (8).  Turn  right  onto 
US  277  and  proceed  south  onto  Loop  Road  306  to 
junction  with  388  (2).  For  convoys  that  originate  at 
Goodfellow  AFB,  turn  right  onto  FM  388  and  pro- 
ceed to  starting  point  at  junction  of  Ft.  McKavitt 
Road  and  FM  388  (1).  For  convoys  that  do  not 
originate  at  Goodfellow  AFB,  do  not  turn  right 
onto  FM  388,  but  continue  south  on  Loop  Road 
306. 

DRIVING  INSTRUCTIONS 

The  drivers  shall  run  at  posted  speed  limits 
throughout  the  course  unless  an  unsafe  condition 
arises.  If  such  condition  arises,  the  speed  should  be 
reduced  to  the  maximum  safe  operating  speed. 

BRAKING  PROCEDURES  AT  STOP  SIGNS 

There  are  a  number  of  intersections  at  which 
stops  are  required.  At  each  of  these  intersections  a 
series  of  signs  is  placed  in  a  fixed  order  as  follows: 

Sign  Legend 
Highway  Intersection   1000  (or  2000)  Feet 
STOP  AHEAD 
Junction  XXX 
Direction  Sign  (Mereta— ) 
STOP  or  YIELD 

PROCEDURES 

1.  Approach  each  intersection  at  the  posted 
speed  limit. 

2.  When  abreast  of  the  S  T  0  P  A  H  E  A  D  sign, 
apply  the  brakes  so  that  the  vehicle  decelerates 
smoothly  to  20  mph  when  abreast  of  the  direction 
sign. 

3.  Come  to  a  complete  stop  at  the  STOP  sign 
or  behind  any  vehicle  already  stopped. 


Key  Points  Along  Treadwear 

Test  Course,  Approximate  Mileages, 

and  Remarks  *** 


Mileages       Remarks 

1 

Ft.  McKavitt  Road  &  . 
FM388 

0 

2 

FM388&  Loop  306*  . 

2 

TOP 

3 

Loop  306  &  US277  . . . 

10 

4 

Sonora 

72 

5 

US277&FM189.... 

88 

6 

FM  189  &  Texas  163  . 

.     124 

7 

Historical  Marker .... 
(Camp  Hudson) 

.     143 

U-TURN 

4 

Sonora 

.     214 

3 

Loop  306  &  US  277   .. 

.     276 

2 

FM  388  &  Loop  306  .. 

.     283 

13 

FM  388  &FM  2334** 

.     290 

STOP 

14 

FM  2334  &FM  765  .. 

.     292 

STOP 

15 

FM  2334  &  US  87  ... . 

.     295 

U-TURN 

14 

FM  2334  &FM  765   .. 

.     298 

STOP 

13 

FM  388  &FM  2334   .. 

.    300 

STOP/YIELD/ 
BLINKING  RED 
LIGHT 

^ 

FM  388  &  Loop  306  . . 

.     307 

TOP/YIELD/ 
BLINKING  RED 
LIGHT 

8 

US  277  &FM  2105... 

.     313 

9 

FM  2105  &  Texas  208 

.     317 

STOP 

10 

FM2105&US87.... 

.     320 

STOP 

11 

FM2034&US87.... 

.     338 

12 

FM  2034  &  Texas  208 

.     362 

YIELD 

9 

FM  2105  &  Texas  208 

.     387 

8 

FM  2105  &  US  277... 

.     391 

YIELD/STOP 

2 

FM  388  &  Loop  306*. 

.     398 

1 

Ft.  McKavitt  Road  &  . 
FM388 

.     400 

16 

Veribest  Cotton  Gin  . . 

.     1.8 

U-TURN 

*  Convoys  not  originating  at  Goodfellow  AFB  will  not  traverse 
the  leg  of  course. 

•*  Convoys  not  originating  at  Goodfellow  AFB  will  proceed  to 
16,  Veribest  Cotton  Gin,  Make  U-turn  and  return  to  13. 
***(56    F.R.    47011— September    17.     1991.    Effective: 
December  16,  1991)] 

FIGURE  2 


PART  575-18 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  580 

Odometer  Disclosure  Requirements 

(Docket  No.  8709;  Notice  15) 

RIN:  2127-AC42 


ACTION:  Final  rule. 

SUMMARY:  This  notice  amends  the  odometer  regu- 
lations in  49  CFR  part  580  to  implement  the  1990 
amendments  to  the  Federal  odometer  law  relating  to 
the  use  of  powers  of  attorney  (Pub.  L.  101-641).  The 
notice  defines  "original  secure  power  of  attorney,"  pro- 
vides that  a  transferee  who  exercises  a  power  of  at- 
torney may  submit  a  copy  of  the  title  to  the  State 
(without  having  to  submit  an  application  for  a  new  ti- 
tle) along  with  the  original  power  of  attorney,  provides 
that  the  State  shall  retain  the  documents,  and  estab- 
lishes a  process  for  the  States  to  petition  for  approval 
of  alternative  procedures.  It  also  addresses  the  use  of 
reassignment  documents  and  makes  additional  clarify- 
ing amendments. 

DATES:  This  final  rule  is  effective  as  of  October  21, 
1991,  except  that  the  amendment  to  §  580.5  is  effec- 
tive as  of  June  22,  1992. 

SUPPLEMENTARY  INFORMATION: 

Background 

This  notice  issues  a  final  rule  to  implement  the  latest 
in  a  series  of  amendments  to  the  Federal  odometer  law, 
enacted  as  part  of  an  ongoing  effort  to  accommodate 
the  commercial  needs  of  the  automobile  industry  and 
the  administrative  needs  of  the  State  titling  agencies 
without  compromising  the  consumer  protection 
afforded  by  the  law. 

These  legislative  adjustments  reflect  circumstances 
arising  after  the  Truth  in  Mileage  Act  of  1986  (Pub. 
L.  99-579)  (TIMA),  a  law  that  amended  the  odometer 
law  (Pub.  L.  92-513,  15  U.S.C.  1981-1991)  to  require 
each  person  selling  a  motor  vehicle  to  disclose  the 
odometer  reading  on  the  vehicle's  title,  rather  than 
using  a  separate  statement.  The  law  directed  the  States 
to  conform  their  titles  and  titling  procedures  to  enable 
the  titles  to  be  used  for  odometer  disclosure.  Although 
most  States  had  already  begun  to  use  the  title  for 
odometer  disclosure,  the  final  rule  issued  by  NHTSA 


to  implement  the  law  (53  FR  29464,  August  5,  1988) 
required  a  number  of  adjustments  in  State  procedures 
as  well  as  in  commercial  practices. 

The  adjustment  in  commercial  practice  that  met  the 
strongest  opposition  from  the  motor  vehicle  industry 
was  the  rule's  prohibition  of  the  use  of  powers  of 
attorney  (POA)  for  odometer  disclosure.  The  agency 
considered  the  vehicle  title  to  be  of  paramount  impor- 
tance in  retaining  odometer  information  necessary  for 
enforcement  purposes,  and  regarded  the  POA  as  a 
docimient  that  could  be  used  to  avoid  disclosure  on  the 
title.  The  industry,  in  contrast,  saw  the  POA  as  essen- 
tial in  transactions  where  the  title  was  lost  or  in  the 
hands  of  a  bank  or  other  lienholder  and  was  therefore 
not  available  to  the  owner  at  the  time  of  the  sale. 
Without  a  POA  authorizing  the  purchaser  to  execute 
the  odometer  disclosure  on  the  title,  it  was  argued,  the 
purchaser  would  have  to  have  the  seller  return  to 
complete  the  transaction— a  situation  that  could  lead 
to  costly  delays  for  commercial  purchasers. 

In  response  to  the  industry's  concerns.  Congress 
amended  TIMA  in  1988  (Pub.  L.  100-561)  to  permit 
the  use  of  a  secure  power  of  attorney  in  circumstances 
where  the  title  was  not  present  at  the  time  of  sale,  on 
condition  that  the  transferor  keep  a  copy  of  the  POA 
and  that  the  transferee  return  the  original  POA  to  the 
State  after  executing  the  disclosure  on  the  title.  The 
amendment  directed  NHTSA  to  establish  reasonable 
conditions  for  the  use  of  the  POA. 

In  an  interim  final  rule  to  implement  the  amendment 
(54  FR  9809,  March  8, 1989),  the  agency  permitted  the 
use  of  a  secure  POA  when  the  title  is  held  by  a  lien- 
holder  and  stipulated  that  the  person  receiving  the 
POA  must  return  the  original  POA  to  the  State,  along 
with  the  title  showing  the  executed  odometer  state- 
ment and  an  application  for  a  new  title. 

In  response  to  comments  that  the  POA  procedures 
were  too  restrictive,  NHTSA  issued  a  final  rule  (54  FR 
35879,  August  30,  1989)  modifying  the  procedure  by 
permitting  the  use  of  a  POA  when  the  title  has  been 
lost  or  misplaced  as  well  as  when  it  is  held  by  a  lien- 


PART  580-PRE  63 


holder,  but  adopting  the  requirement  for  the  transferee 
to  submit  a  title  application  with  the  POA.  The  latter 
requirement  prompted  four  petitions  for  reconsidera- 
tion, which  the  agency  denied  on  February  22,  1990 
(55  FR  6257). 

The  denial  of  the  petitions  for  reconsideration  did  not 
quiet  the  controversy  about  the  requirement  that  a  title 
application  be  submitted  with  the  POA.  The  dealers 
associations  argued  that  the  requirement  disregarded 
the  commercial  reality  of  the  used  car  business,  in 
which  a  significant  percentage  of  vehicles  acquired  by 
trade  or  purchase  are  not  sold  directly  to  a  retail 
consumer  but  are  wholesaled.  In  the  typical  wholesale 
transaction,  it  was  argued,  the  selling  dealer  would 
never  obtain  title  himself  but  would  simply  execute  the 
reassignment  form  on  the  title  to  the  wholesale  pur- 
chaser. A  requirement  to  obtain  a  title  would  thus 
create  delays  and  add  cost  to  many  transactions, 
without  benefit  to  consumers. 

In  the  midst  of  these  objections,  the  agency  received 
a  petition  from  the  State  of  Florida  which  seemed  to 
offer  a  suitable  alternative.  Under  the  Florida  proposal, 
the  transferee  would  use  its  authority  under  a  POA  to 
execute  the  odometer  disclosure  on  the  title,  but,  in- 
stead of  submitting  an  application  for  title  to  the  State 
with  the  original  POA,  would  submit  only  a  copy  of  the 
title  showing  the  executed  odometer  statement.  The 
State  would  thereupon  file  both  documents  and  would 
have  them  available  for  any  investigation  of  alleged 
odometer  fraud.  The  transferee  could  proceed  to  use 
the  original  title  to  reassign  ownership  to  a  wholesaler, 
without  delay  or  hindrance.  NHTSA  granted  the 
Florida  petition  on  July  23,  1990,  and  subsequently 
issued  a  notice  of  proposed  rulemaking  (55  FR  34941, 
August  27,  1990). 

During  the  pendency  of  the  rulemaking  on  the 
Florida  petition,  another  amendment  to  TIMA  was 
enacted  (Pub.  L.  101-164,  November  28,  1990),  which 
bars  the  agency  from  requiring  a  new  title  to  be  issued 
by  the  State  which  issued  the  power  of  attorney.  This 
amendment  effectively  directs  NHTSA  to  terminate  its 
requirement  that  the  transferee  submit  an  application 
for  title  with  the  original  POA.  At  the  same  time,  the 
amendment  authorizes  the  agency  to  require  the  State 
to  retain  the  power  of  attorney  or  to  adopt  alternative 
measures  consistent  with  the  purposes  of  the  act.  The 
amendment  thus  authorizes  the  agency  to  adopt  a 
procedure  resembling  that  proposed  in  response  to  the 
Florida  petition. 

On  February  28,  1991,  NHTSA  issued  a  notice  with- 
drawing the  August  1990  NPRM  and  proposing 
rulemaking  to  implement  the  provisions  of  the  new 
amendment  (56  FR  8313),  and  has  completed  its  review 
of  the  comments  submitted  in  response  to  that  notice. 
It  is  the  agency's  hope  that  the  following  discussion  of 
the  provisions  adopted  in  the  final  rule  will  resolve  the 


issues  surrounding  the  use  of  the  POA  and  other  docu- 
ments used  for  the  disclosure  of  odometer  information. 

Definitions 

In  the  February  28  notice,  NHTSA  proposed  to 
amend  §  580.3  to  define  "original  power  of  attorney" 
as  the  secure  document  issued  by  the  State  and  any 
attached  copies  which  are  also  printed  on  secure  paper. 

Only  two  commenters,  the  National  Automobile 
Dealers  Association  (NAD A)  and  the  National  Auto 
Auction  Association  (NAAA),  addressed  this  definition. 
NADA  supported  the  definition,  stating  that  the  pro- 
posed amendment  "will  facilitate  commerce  in  in- 
stances where  the  State  that  issued  the  power  of 
attorney  is  not  the  same  as  the  State  that  will  issue 
the  new  title."  NAAA,  however,  opposed  the  defini- 
tion as  too  narrow  and  proposed  instead  to  allow  any 
copy,  whether  or  not  on  secure  paper,  to  be  an  "origi- 
nal." The  adoption  of  such  a  definition  would  thwart 
Congress'  intent  that  the  secure  document  be  trans- 
ferred back  to  the  issuing  State.  By  specifying  that  the 
secure  power  of  attorney  form  be  set  forth  by  means 
of  a  secure  printing  process  or  other  secure  process, 
it  seems  clear  that  Congress  intended  the  distinguish- 
ing feature  between  an  "original"  and  a  "copy"  be  the 
secure  nature  of  the  "original." 

NAAA  also  suggested  that  the  making  of  secure 
copies  might  be  technically  unfeasible.  Although 
NHTSA  does  not  require  more  than  one  secure  docu- 
ment, there  is  nothing  in  the  rulemaking  record  to 
indicate  that  a  multi-copy  form  with  more  than  one 
secure  copy  could  not  be  readily  produced.  Neither  the 
American  Association  of  Motor  Vehicle  Administrators 
(AAMVA),  nor  any  other  commenter,  suggested  this 
would  be  technically  unfeasible  and  NAAA  did  not 
provide  any  data  or  information  to  support  its  position. 
Rather,  the  Texas  State  Department  of  Highways  and 
Public  Transportation  suggested  that  such  secure  copy 
forms  could  be  made  available.  Thus,  the  NAAA  sug- 
gestion will  not  be  adopted  and  the  definition  of 
"original  power  of  attorney"  will  remain  as  proposed. 

The  proposed  definition  of  original  power  of  attor- 
ney raised  another  issue.  AAMVA,  NADA,  NAAA,  the 
Texas  State  Department  of  Highways  and  Public 
Transportation  and  the  California  Department  of 
Transportation  each  suggested  that  the  original  POA 
should  be  passed  on  with  the  title  instead  of  being 
returned  to  the  issuing  State.  These  commenters 
argued  that  by  keeping  the  original  title  and  POA 
together,  any  alterations  on  the  title  or  POA  would  be 
easier  to  detect  when  they  are  eventually  submitted 
to  the  State  in  which  the  car  is  next  titled. 

Although  there  may  be  merit  in  having  the  original 
POA  accompany  the  title,  the  agency  has  no  discretion 
to  permit  this  procedure  as  an  alternative  to  return- 
ing the  POA  with  the  title.  The  statute  states  that  "the 


PART  580-PRE  64 


person  granted  such  power  of  attorney  .  .  .  shall  sub- 
mit the  original  back  to  the  State."  In  view  of  this 
statutory  requirement,  the  final  rule  requires  the 
original  POA  to  be  returned  to  the  State  of  issuance. 
However,  to  address  the  concerns  of  those  who  believe 
that  the  POA  should  accompany  the  title,  the  agency 
notes  that  the  definition  of  "original  power  of  attor- 
ney" permits  a  secure  copy  of  the  POA  to  be  considered 
an  "original."  As  NADA  stated  in  support  of  our 
definition,  "allowing  for  multicopy  originals  will  allow 
an  'original'  to  be  sent  to  the  State  that  issued  the 
power  of  attorney  as  well  as  one  to  be  sent  forward 
with  the  title,"  as  the  States  would  like. 

Submission  of  the  Power  of  Attorney  and 
Title  to  the  State 
The  Pennsylvania  Department  of  Transportation 
(PennDOT)  noted  that  the  language  in  the  rule  re- 
quiring the  person  exercising  the  power  of  attorney  to 
submit  it  to  the  issuing  State  "with  a  copy  of  the  trans- 
feror's title"  could,  "[u]nder  strict  interpretation,  .  .  . 
require  a  copy  of  the  title  even  in  circumstances  where 
the  power  of  attorney  was  being  submitted  with  the 
actual  title  for  processing  of  a  [new  title  application]." 
NHTSA  did  not  intend  to  require  a  copy  of  the  title 
in  addition  to  the  actual  title  document  in  such  cases, 
nor  does  the  agency  believe  that  Congress  intended 
such  a  result.  Accordingly,  NHTSA  adopts,  with  minor 
editorial  adjustment,  PennDOT's  suggestion  to  amend 
the  language  of  §  580.13(f)  to  specify  that  the  trans- 
feree exercising  a  power  of  attorney  shall  submit  to 
the  issuing  State  the  original  power  of  attorney  with 
either  a  copy  of  the  transferor's  title  or  the  actual  title 
if  the  transferee  is  submitting  a  title  application  at  the 
same  time. 


Another  clarifying  amendment  was  suggested  by  the 
Missouri  Department  of  Revenue.  Missouri  recom- 
mended that  §  580.13(f)  of  the  rule  state  specifically 
that  the  transferee  submit  a  copy  of  the  "front  and 
back"  of  the  transferor's  title  when  returning  the 
executed  power  of  attorney  to  the  issuing  State.  We 
appreciate  Missouri's  concern  but  do  not  think  it  is 
necessary  to  add  such  language  to  the  regulatory  text. 
We  think  it  is  clear  that  the  term  "title"  refers  to  the 
entire  document,  front  and  back,  and  that  anything  less 
than  the  whole  of  the  title  is  not  the  "title,"  but  a 
portion  of  the  title.  The  transferee  will  need  to  submit 
a  copy  of  both  sides  of  the  title  in  order  to  comply  with 
the  requirements  of  §  580.13(f). 

The  Washington  State  Department  of  Licensing 
commented  that  returning  the  power  of  attorney  and 
a  copy  of  the  title  to  the  issuing  State  will  create 
problems  because  the  power  of  attorney  and  the  title 
may  not  have  been  issued  by  the  same  State  and,  there- 
fore, the  documents  would  have  to  be  returned  to 
different  States.  Such  is  not  the  case.  The  regulation 


specifies  that  "[t]he  transferee  shall  submit  the  origi- 
nal power  of  attorney  form  to  the  State  that  issued  it, 
with  a  copy  of  the  transferor's  title."  Consequently, 
the  "issuing"  State  to  which  both  documents  must  be 
returned  is  the  State  that  issued  the  power  of  attorney. 
There  is  no  requirement  for  submitting  any  document 
to  the  State  that  issued  the  original  title. 

Retention  of  Powers  of  Attorney 
by  the  State 

The  new  law  expressly  prohibits  NHTSA  from 
requiring  title  applications  to  be  filed  with  powers  of 
attorney  (POA),  and  expressly  grants  NHTSA  the 
authority  to  require  the  States  to  retain  submitted 
powers  of  attorney.  The  agency  therefore  proposed  to 
amend  §  580.13(f)  to  eliminate  the  requirement  that 
title  applications  accompany  the  powers  of  attorney 
submitted  back  to  the  State  by  the  persons  exercising 
them.  The  agency  received  no  comments  regarding  this 
proposed  amendment  and  adopts  it  without  change. 

The  Pennsylvania  Department  of  Transportation 
requested  an  amendment  stating  that  the  "State 
issuing  the  original  power  of  attorney  form  MAY 
choose  whether  to  accept  a  copy  of  the  transferor's  title 
or  require  the  original  title  document  to  be  submitted 
with  the  secure  power  of  attorney."  As  with  other  dis- 
cretionary provisions  in  TIMA,  the  Federal  law  will  not 
require  any  transferee  to  retitle  a  vehicle  in  connec- 
tion with  the  use  of  a  secure  power  of  attorney,  but 
the  Federal  law  does  not  prohibit  a  State  from  adopt- 
ing such  a  requirement  if  it  so  chooses. 

NHTSA  further  proposed  to  amend  §  580.13(f)  to 
require  a  State  which  receives  an  executed  power  of 
attorney  and  transferor's  title  in  accordance  with  that 
section,  to  retain  those  documents  for  five  years.  The 
five-year  retention  period  was  intended  to  parallel  the 
record  retention  requirement  imposed  on  dealers, 
distributors  and  lessors. 

The  Washington  State  Department  of  Licensing  was 
the  only  commenter  who  objected  to  any  State  record 
retention  requirement.  Although  it  did  not  actually 
suggest  that  the  proposed  retention  requirement  be 
withdrawn,  it  did  state  that  "NHTSA  cannot  expect 
States  to  keep  the  original  secure  POA  and  title  copy 
documents  (even  in  microfilm  form)  of  vehicles  which 
have  left  their  jurisdictions  to  be  titled  in  another 
jurisdiction."  Washington  provided  no  evidence  to  sup- 
port its  claim  that  the  mere  retention  of  records  would 
be  impossible.  While  the  State  did  note  a  trend  toward 
"paper  elimination,"  States  are  not  limited  to  retaining 
the  records  in  paper  form.  Furthermore,  none  of  the 
other  States  who  commented  nor  AAMVA  in  any  way 
suggested  that  the  very  concept  of  retaining  these 
records  is  impracticable.  Finally,  elimination  of  the 
requirement  would  hamper  enforcement  efforts  and 
thwart  the  intent  of  Congress. 


PART  580-PRE 


Several  commenters  urged  NHTSA  to  decrease  the 
retention  period,  recommending  instead  a  one-year 
retention  requirement  or  a  retention  period  equal  to 
the  State's  current  titling  record  retention  period.  The 
California  Department  of  Motor  Vehicles  (CaDMV)  and 
the  AAMVA,  for  example,  each  noted  that  most  fraud 
is  detected  within  12  months  of  titling,  making  the  first 
year  of  retention  most  crucial.  The  Texas  State  Depart- 
ment of  Highways  and  Public  Transportation  indicated 
that,  once  retitled,  the  new  titling  State  will  have  a 
copy  of  the  requisite  records.  AAMVA,  NADA, 
CaDMV  and  the  Iowa  Department  of  Transportation 
all  commented  that  five  years  is  longer  than  most  cur- 
rent State  titling  record  retention  periods  and  that  a 
iive-year  period  will  require  additional  handling,  result- 
ing in  additional  costs  to  the  States. 

Upon  reviewing  these  comments,  the  agency  has 
concluded  that  a  fixed  five-year  retention  period  would 
be  unduly  burdensome  to  the  States.  NHTSA  does  not 
favor  an  across-the-board  one-year  retention  period. 
While  most  fraud  may  be  detected  within  the  first  12 
months  after  titling,  a  significant  amount  of  fraud  is 
not  detected  within  that  time.  Consequently,  a  period 
longer  than  12  months  is  perferable.  Under  §  580.13(f) 
as  originally  adopted,  a  power  of  attorney  form  sub- 
mitted to  the  State  with  a  title  application  would  be 
retained  for  a  period  equal  to  the  State's  standard 
titling  record  retention  period,  which  would  not  neces- 
sarily be  five  years  (but,  given  current  State  practice, 
would  exceed  one  year).  In  light  of  this  and  of  the  cost 
concerns  of  the  commenters,  the  agency  agrees  that 
its  enforcement  concerns  can  be  met  without  mandat- 
ing a  five-year  retention  period  and  therefore  adopts 
the  suggestion  of  several  commenters  that  the  powers 
of  attorney  be  retained  by  the  State  for  a  period  of 
three  years  or  at  least  equal  to  the  State's  titling  record 
retention  period,  whichever  is  shorter.  As  stated  in  the 
NPRM,  the  State  may  retain  either  the  original  copies 
it  receives  or  a  photostat,  carbon  or  other  facsimile 
copy,  including  any  media  by  which  such  information 
may  be  stored,  provided  there  is  no  loss  of  information. 

Approval  of  Alternate  Requirements 
The  TIMA  contemplates  the  administrative  approval 
by  NHTSA  of  alternative  methods  of  odometer  dis- 
closure, provided  those  alternate  methods  are  consis- 
tent with  the  purposes  of  the  Act.  At  the  time  the  1990 
amendment  was  enacted,  the  agency  had  issued  a 
rulemaking  notice  proposing  a  mechanism  in  §  580.11 
whereby  the  agency  could  grant  a  State's  request  for 
approval  of  an  alternative  to  the  requirements  of 
§  580.13(f)  regarding  the  disposition  of  POAs. 
Although  that  notice  was  withdrawn,  the  proposal  was 
reissued  with  the  NPRM.  Under  that  proposal,  a  State 
could  submit  a  petition  to  NHTSA's  Chief  Counsel 
setting  forth  the  requirements  in  effect  in  the  petition- 


ing State,  including  a  copy  of  the  applicable  State  law 
or  regulation  and  an  explanation  of  how  the  require- 
ments are  consistent  with  the  Act.  Notice  of  grant  or 
denial  of  the  petition  would  be  issued  by  the  Chief 
Counsel  to  the  petitioner  without  further  notice  in  the 
Federal  Register. 

Three  commenters,  NAAA,  NADA  and  the  Oregon 
Department  of  Transportation  (ODOT),  expressed  an 
opinion  on  this  proposal.  NAAA  opposed  the  proposal 
while  NADA  and  ODOT  supported  it  with  suggestions 
for  further  improvement. 

As  an  initial  matter,  NAAA  questioned  NHTSA's 
authority  to  approve  alternate  State  procedures  for 
submission  of  odometer  disclosure  documents.  To 
substantiate  its  claim,  NAAA  argued  that  the  section 
of  TIMA  dealing  with  approval  of  alternate  require- 
ments does  not  address  the  procedure  by  which  dis- 
closure documents  shall  be  submitted  to  the  State.  It 
is  the  agency's  view  that  TIMA  authorizes  the  agency 
to  approve  procedural  alternatives  as  well  as  disclosure 
format  alternatives.  House  Report  99-833,  discussing 
inter  alia,  the  requirements  contained  in  TIMA,  ex- 
plains the  intended  reach  of  the  alternate  requirement 
approval  requirement:  "[this  provision]  states  that  the 
requirements  of  subsections  (d)  and  (e)(1)  [which  con- 
cern the  use  of  secure  titles  containing  mileage  dis- 
closure statements  and  require  lessees  to  provide 
mileage  statements  to  their  lessors  upon  the  lessors' 
transfers  of  their  vehicles]  shall  apply  in  a  State  un- 
less the  State  has  in  effect  alternate  motor  vehicle  mile- 
age requirements  approved  by  the  Secretary  of 
Transportation."  This  language  does  not  imply  that 
Congress  intended  to  limit  the  agency's  authority  to 
approve  alternate  disclosure  formats  only. 

While  the  agency  believes  that  the  "alternate  re- 
quirements" section  of  TIMA  alone  provides  statutory 
authority  to  NHTSA  to  create  the  approval  mechan- 
ism we  have  proposed,  the  subsequent  amendments 
provide  further  authority.  For  example,  1988  and  1990 
amendments  each  specifically  discuss  the  disposition 
of  the  secure  power  of  attorney  and  neither  suggests 
that  the  agency's  authority  to  approve  alternatives  is 
circumscribed. 

N AAA's  substantive  opposition  to  the  proposal 
centers  around  a  concern  that  the  creation  of  such  an 
approval  mechanism  will  foster  non-uniformity  and  will 
"exacerbate  .  .  .  confusion  ...  in  interstate  titling 
procedures."  We  appreciate  NAAA's  concern  and 
agree  that  greater  uniformity  among  State  titling  laws 
and  procedures  would  be  desirable.  However,  Congress 
never  intended  to  preempt  all  State  vehicle  registra- 
tion, titling  and  sales  laws.  In  fact,  as  noted  in  House 
Report  99-833,  Congress  provided  in  the  law  for 
approval  of  alternate  requirements  to  "give  States 
maximum  flexiblity  in  implementing  odometer  dis- 
closure provisions." 


PART  580-PRE  66 


NHTSA  has  attempted  to  follow  this  approach  through- 
out the  rulemaking  process.  We  have  tried,  where 
possible,  to  preserve  State  discretion.  Where  we  have 
limited  that  discretion,  it  is  because  Congressional 
intent  and  the  needs  of  the  act  demand  it. 

Moreover,  NHTSA  does  not  share  NAAA's  belief 
that  the  creation  of  a  mechanism  to  approve  alternate 
procedures  for  the  disposition  of  secure  powers  of 
attorney  will,  in  fact,  result  in  "fifty  or  more  different 
procedures."  The  creation  of  a  mechanism  does  not 
automatically  result  in  the  exercise  of  that  mechanism. 
Since  its  original  effective  date  of  April  29,  1989, 
§  580.11  has  contained  a  procedure  for  the  approval 
of  disclosures  other  than  those  specified  in  the  regula- 
tion and  the  agency  has  yet  to  receive  a  petition  under 
that  section.  Furthermore,  the  need  for  alternate 
secure  power  of  attorney  disposition  methods  should 
be  diminished  because  the  retitling  requirement  has 
been  eliminated.  However,  the  agency  still  believes  that 
it  is  important  to  have  the  ability  to  assess  alternate 
methods  should  a  State  develop  a  system  that  will  meet 
enforcement  needs  while  better  meeting  some  State- 
specific  need  of  its  own. 

We  also  disagree  with  NAAA's  charges  that  we 
failed  to  consider  whether  the  proposed  rule  will 
undercut  fraud  prevention  and  what  the  consequences 
will  be  for  interstate  transactions.  As  noted  in  the 
NPRM,  any  State  requesting  approval  of  an  alternate 
system  will  have  to  demonstrate  specifically  how  its 
proposal  is  consistent  with  the  purposes  of  the  Act, 
including  an  analysis  of  what  effect  the  proposed 
alternative  will  have  on  combating  odometer  fraud. 
With  respect  to  NAAA's  concern  about  the  effects  on 
interstate  transactions,  the  agency  notes  that  the 
States  have  maintained  their  own  vehicle  registration, 
titling  and  sales  laws  since  long  before  the  introduc- 
tion of  Federal  odometer  laws.  Many  of  the  problems 
currently  encountered  by  the  auctions  stem  from  differ- 
ences in  State  laws  not  affected  by  the  odometer  law. 
Moreover,  to  the  extent  that  problems  have  arisen  due 
to  varying  State  implementation  of  odometer  matters 
within  their  discretion,  NHTSA  encourages  the  States 
to  work  together  to  ameliorate  such  differences. 

Finally,  NAAA  notes  that  the  proposal  that  petitions 
be  reviewed  and  acted  upon  wathout  notice  in  the 
Federal  Register  will  add  to  the  confusion  of  title  clerks 
and  others  who  already  have  to  master  many  differ- 
ent State  practices.  NADA  also  suggested  that  a  brief 
period  of  public  notice  and  comment  would  be  appro- 
priate. Upon  reflection,  we  agree  that  a  notice  and 
comment  period  and  public  notice  of  the  disposition  of 
the  petitiion  would  benefit  all  concerned.  Accordingly, 
the  final  rule  provides  that,  upon  submission  of  a  peti- 
tion under  this  section,  NHTSA  will  publish  a  Federal 
Register  notice  describing  the  State  proposal  and 
indicating  an  initial  determination,  pending  a  30-day 
comment  period.  Notice  of  the  final  action  on  the 
petition  will  also  be  published  in  the  Federal  Register. 


The  Oregion  DOT  supported  the  alternative  proce- 
dures proposal,  but  requested  that  the  "criteria  for 
approving  alternate  programs  be  expanded"  because 
the  proposal,  as  written,  allows  for  "very  little  in  the 
way  of  'alternatives.'"  Since  the  only  criterion  for 
approving  petitions  submitted  under  the  proposal  is 
that  the  State  alternative  be  consistent  with  the  pur- 
poses of  the  act,  and  since  we  do  not  have  the  author- 
ity to  approve  alternatives  that  are  not  consistent  with 
the  purposes  of  the  act,  and  since  we  do  not  have  the 
authority  to  approve  alternatives  that  are  not  consis- 
tent with  the  purposes  of  the  Act,  we  believe  that  the 
language  is  sufficiently  broad.  Accordingly,  we  are 
adopting  the  changes  to  §  580.11,  as  proposed,  with  the 
addition  of  the  comment  period. 

Use  of  Reassignment  Forms  by  Titled  Owners 

A  number  of  commenters  objected  to  a  proposed 
amendment  to  §  580.5  that  would  require  a  titled  owner 
to  make  his  or  her  odometer  disclosure  on  the  vehicle's 
title,  and  not  on  a  reassignment  document.  It  is  apparent 
from  the  comments  that  the  purpose  and  scope  of  the 
proposed  amendment  were  not  clearly  understood. 

The  purpose  of  the  proposed  amendment  was  to  pre- 
vent a  titled  owner  who  sells  a  vehicle  from  using  a  docu- 
ment other  than  the  title  or  a  secure  power  of  attorney 
to  make  the  odometer  disclosure  required  by  law.  The 
central  purpose  of  TIMA  had  been  to  make  the  title 
document  the  sole  vehicle  for  odometer  disclosure, 
thereby  completing  a  years-long  movement  among  the 
States  toward  the  use  of  the  title  for  disclosure.  The 
practice  of  using  a  separate  document  for  odometer  dis- 
closure, which  had  been  common  in  the  early  days  of 
the  Federal  odometer  law,  had  been  shown  to  be  too 
vulnerable  to  abuse.  Although  the  1988  and  1990  amend- 
ments had  recognized  the  necessity  of  using  a  power 
of  attorney  in  some  circumstances,  the  Congress  had 
placed  strict  controls  on  the  circumstances  in  which  a 
POA  could  be  used.  These  controls  reflect  Congress's 
reluctance  to  allow  the  use  of  any  document  other  than 
the  title  document  for  odometer  disclosure. 

In  proposing  to  prohibit  titled  owners  from  using  reas- 
signment forms  for  odometer  disclosure,  the  agency 
acted  in  the  belief  that  the  reassignment  forms  would 
be  subject  to  the  same  abuses  that  had  compromised  the 
effectiveness  of  the  older,  separate  disclosure  state- 
ments. Unlike  the  POA,  which  has  a  legitimate  purpose 
if  the  title  is  lost  or  held  by  a  lienholder,  a  separate  reas- 
signment form  has  no  commercial  purpose  at  the  time 
of  the  first  transfer  by  a  titled  owner.  In  most  cases, 
the  title  itself  would  be  available  to  the  owner.  Alter- 
natively, if  a  lienholder  has  the  titie,  the  owner  could 
execute  a  POA  authorizing  the  transferee  to  complete 
the  odometer  disclosure  on  the  title. 

The  limited  scope  of  the  proposal  needs  to  be 
stressed:  it  would  prohibit  reassignment  forms  only 
for  the  titled  owner.  States  may  continue  to  provide 


PART  580-PRE  67 


supplementary  reassignment  forms.  Thus,  the  proposal 
would  not  interfere  with  dealer-to-dealer  reassign- 
ments,  all  of  which  could  take  place  as  they  do  now. 

The  commenter  expressing  the  strongest  objection 
to  the  proposal  was  the  State  of  Arkansas,  which  had 
been  under  the  impression  that  NHTSA  had  previously 
approved  the  State's  reassignment  form.  The  South 
Carolina  Department  of  Highways  and  Public  Trans- 
portation and  the  NADA  shared  Arkansas'  belief  that 
NHTSA  had  approved  the  Arkansas  reassignment 
form.  In  reviewing  the  communications  between 
Arkansas  and  NHTSA,  we  note  that  we  approved  the 
information  content  of  the  form,  but  that  we  were  not 
asked  to  approve  the  use  of  the  form  and  did  not 
approve  its  use  as  a  substitute  for  TIMA  disclosure. 
Moreover,  NHTSA  specifically  advised  AAMVA  that 
although  Arkansas'  proposed  form  allowing  transfer 
by  titled  owners  as  well  as  dealers  would  appear  not 
to  be  prohibited  under  the  rules,  NHTSA  could  not  en- 
dorse such  a  use  because  it  is  at  odds  with  the  use  of 
the  secure  power  of  attorney  and  its  attendant 
protection  against  fraud.  This  position  has  been  re- 
peated by  the  agency,  both  orally  and  in  writing, 
including  admonitions  that  the  agency  would  address 
this  issue  by  rule  if  necessary.  At  this  time,  we  believe 
it  is  necessary  to  promulgate  a  rule  expressly  prohibit- 
ing the  use  of  the  reassignment  form  by  titled  owners. 

In  reaffirming  its  position,  the  agency  acknowledges 
that  there  may  be  circumstances  under  which  a  docu- 
ment other  than  the  title  itself  or  a  secure  POA  could 
be  used  for  odometer  disclosure.  At  the  least,  however, 
such  a  document  would  have  to  be  used  in  a  way  that 
would  ensure  the  retention  of  the  odometer  informa- 
tion and  enable  law  enforcement  agencies  to  use  it  in 
investigating  odometer  fraud.  This  is  the  case  with  the 
POA  procedure,  which  contains  a  number  of  safe- 
guards. The  appropriate  procedure  for  condidering 
such  an  alternative  would  be  the  petition  process  es- 
tablished in  §  580.11  for  considering  alternative  odom- 
eter disclosures. 

Upon  reviewing  all  of  the  comments  on  the  proposed 
amendment  to  §  580.5,  NHTSA  has  decided  to  adopt 
the  amendment  as  proposed,  to  prohibit  a  titled  own- 
er from  using  a  reassignment  form  for  his  or  her  odo- 
meter disclosure.  This  amendment  has  an  effective  date 
of  June  22,  1991,  rather  than  October  21,  1991. 
NHTSA  has  chosen  a  later  effective  date  for  this 
amendment  to  allow  States  the  opportunity  to  deplete 
form  supplies,  make  necessary  alterations  to  existing 
forms  and/or  pursue  the  alternate  disclosure  petition 
process,  as  they  may  wish.  NHTSA  believes  a  nine- 
month  lead  time  will  be  sufficient  to  accommodate  the 
needs  of  the  States. 

Clarification  of  Section  580.11(c) 
In  reviewing  §  580.11,  the  agency  tentatively  deter- 
mined that  the  language  of  paragraph  (c)  of  that  section 


was  unclear.  Specifically,  the  use  of  the  term  "exten- 
sion" in  the  sentence  "The  effect  of  a  grant  of  a  petition 
is  to  relieve  a  State  from  responsibility  to  conform  the 
State  motor  vehicle  titles  with  §§  580.5  and  580.7  of 
this  part  during  the  time  of  the  extension"  could  cause 
some  confusion.  The  effect  of  a  grant  of  such  a  peti- 
tion would  be  to  relieve  a  State  from  responsibility  to 
conform  its  titles  with  §§  580.5  and  580.7  for  as  long 
as  the  approved  alternate  disclosure  requirements  were 
in  effect  in  that  State,  but  the  term  "extension"  in  that 
sentence  could  be  confused  with  the  extension  given 
a  State  to  bring  its  title  into  conformance  with  the  re- 
quirements of  this  part. 

To  avoid  any  confusion,  NHTSA  proposed  to  amend 
that  sentence  to  read  as  follows:  "The  effect  of  the 
grant  of  a  petition  is  to  relieve  a  State  from  responsi- 
bility to  conform  the  State  disclosure  requirements 
with  §§  580.5,  580.7  or  580.13(f)  for  as  long  as  the 
approved  alternate  disclosure  requirements  remain  in 
effect  in  that  State."  The  agency  received  no  comments 
on  this  proposal  and  is,  accordingly,  adopting  it  as 
proposed. 


Extension  of  Implementation  Dates 
AAMVA  requested  that  NHTSA  include  in  the  final 
rule  a  provision  allowing  States  to  "petition  for  an  ex- 
tension of  any  established  implementation  date  based 
upon  which  existing  statutes  and  regulations  must  be 
amended  to  comply  with  the  provisions  of  this  new  rule, 
as  well  as  allowing  States  to  exhaust  currently  exist- 
ing forms  and  other  documents  which  may  need  to  be 
changed." 

Since  the  NPRM  had  not  proposed  a  new  implemen- 
tation extension  process,  the  agency  would  not  be  able 
to  grant  AAMVA's  request  vrithout  first  seeking 
additional  comment.  Based  on  its  initial  review, 
NHTSA  does  not  believe  that  such  an  extension  is 
necessary  or  advisable. 

Neither  the  statute  nor  the  rule  requires  States  to 
make  secure  powers  of  attorney  available.  Conse- 
quently, there  is  no  "deadline"  by  which  a  State  must 
change  any  statutes  or  regulations  regarding  the  use 
of  such  powers  of  attorney.  Nor  does  this  rulemaking 
action  require  the  alteration  of  any  forms.  Accordingly, 
there  is  no  need  for  any  implementation  extension  and, 
therefore,  no  need  for  any  new  procedure  by  which  to 
request  such  an  extension.  With  respect  to  the 
implementation  dates  regarding  the  availability  of 
Federally  conforming  title  documents,  nothing  in  this 
rulemaking  affects  those  documents  and,  therefore, 
there  is  no  need  to  alter  the  existing  extension  peti- 
tion procedure.  In  the  interests  of  achieving  full 
implementation,  we  would  not  want  to  take  any  action, 
especially  unnecessary  action,  which  would  encourage 
further  delays. 


PART  580-PRE 


Odometer  Disclosure  by  Power  of  Attorney 
We  received  one  comment  suggesting  a  technical 
amendment  to  §  580.13(b).  The  commenter,  Joanne  S. 
Faulkner,  Esq.,  suggests  that  this  section  should  be 
amended  to  require  that,  if  a  power  of  attorney  is  to 
be  used,  such  power  of  attorney/odometer  disclosure 
statement  should  be  completed  "before  executing  any 
transfer  of  ownership  documents."  Ms.  Faulkner 
argues  that  this  restriction  should  replace  the  "in 
connection  with"  language  that  generally  controls  the 
time  frame  in  which  disclosures  are  to  be  made  as  a 
means  of  reducing  the  possibility  of  abuse  inherent  in 
a  flexible  time  frame. 

We  decline  to  adopt  Ms.  Faulkner's  suggestion.  We 
note  first  that  her  suggestion  lies  outside  the  scope  of 
the  NPRM.  Further,  we  do  not  think  such  a  change  is 
necessary.  Ms.  Faulkner  notes  that  there  is  no  reason 
why  the  parties  to  a  vehicle  transfer  cannot  complete 
the  secure  power  of  attorney  at  the  time  of  transfer. 
We  agree.  However,  it  is  because  of  this  fact  that  we 
find  her  suggested  amendment  unnecessary.  The 
power  of  attorney  is  intended  for  use  when  the  title 
is  not  present  at  the  time  of  sale  so  the  seller  will  not 
have  to  make  a  return  trip  to  the  dealership.  Thus, 
there  is  every  incentive  for  the  parties  to  complete  the 
power  of  attorney  form  at  the  time  of  sale,  without  the 
rule  having  to  so  specify.  At  this  point  we  have  no 
indication  that  parties  using  secure  powers  of  attor- 
ney are  completing  them  at  any  time  other  than  the 
point  of  sale,  or  that  the  "flexible  time  frame"  is  being 
used  to  perpetrate  fraud  in  the  use  of  secure  powers 
of  attorney. 

In  consideration  of  the  foregoing,  49  CFR  part  580 
is  amended  as  follows: 

1.  In  §  580.3  the  following  is  added  between  the 
definitions  of  "mileage"  and  "secure  printing  process 
or  other  secure  process." 

§  580.3    Definitions 

Original  power  of  attorney  means,  for  single  copy 
forms,  the  document  set  forth  by  secure  process  which 
is  issued  by  the  State,  and,  for  multicopy  forms,  any 
and  all  copies  set  forth  by  secure  process  which  are 
issued  by  the  State. 

2.  In  §  580.5,  paragraph  (c)  introductory  text  is 
revised  as  follows: 

§  590.5    Disclosure  of  odometer  information. 

(c)  In  connection  with  the  transfer  of  ownership  of 
a  motor  vehicle,  each  transferor  shall  disclose  the  mile- 
age to  the  transferee  in  writing  on  the  title  or,  except 
as  noted  below,  on  the  document  being  used  to  reas- 
sign the  title.  In  the  case  of  a  transferor  in  whose  name 
the  vehicle  is  titled,  the  transferor  shall  disclose  the 


mileage  on  the  title,  and  not  on  a  reassignment  docu- 
ment. This  written  disclosure  must  be  signed  by  the 
transferor,  including  the  printed  name.  In  connection 
with  the  transfer  of  ownership  of  a  motor  vehicle  in 
which  more  than  one  person  is  a  transferor,  only  one 
transferor  need  sign  the  written  disclosure.  In  addition 
to  the  signature  and  printed  name  of  the  transferor, 
the  written  disclosure  must  contain  the  following  in- 
formation: 

3.  In  §  580.11,  paragraphs  (a)  and  (c)  are  revised  as 
follows: 

%580.11    Petition  for  approval  of  alternate 
disclosure  requirements. 
(a)  A  State  may  petition  NHTSA  for  approval  of 
disclosure  requirements  which  differ  from  the  dis- 
closure requirements  of  §§  580.5,  580.7  or  580.13(f)  of 
this  part. 

(c)  Notice  of  the  petition  and  an  initial  determina- 
tion pending  a  30-day  comment  period  will  be  published 
in  the  Federal  Register.  Notice  of  final  grant  or  denial 
of  a  petition  for  approval  of  alternate  motor  vehicle  dis- 
closure requirements  will  be  published  in  the  Federal 
Register.  The  effect  of  the  grant  of  a  petition  is  to 
relieve  a  State  from  responsibUity  to  conform  the  State 
disclosure  requirements  with  §§  580.5,  580.7  or 
580.13(f),  as  applicable,  for  as  long  as  the  approved  al- 
ternate disclosure  requirements  remain  in  effect  in  that 
State.  The  effect  of  a  denial  is  to  require  a  State  to  con- 
form to  the  requirements  of  §§  580.5,  580.7  or 
580.13(f),  as  applicable,  of  this  part  until  such  time  as 
the  NHTSA  approves  any  alternate  motor  vehicle  dis- 
closure requirements. 

4.  In  §  580.13,  paragraph  (f)  is  revised  as  follows: 

§  580.13    Disclosure  of  odometer  information 
of  attorney. 


(f)  Upon  receipt  of  the  transferor's  title,  the  tran- 
feree  shall  complete  the  space  for  mileage  disclosure 
on  the  title  exactly  as  the  mileage  was  disclosed  by  the 
transferor  on  the  power  of  attorney  form.  The  trans- 
feree shall  submit  the  original  power  of  attorney  form 
to  the  State  that  issued  it,  with  a  copy  of  the  trans- 
feror's title  or  with  the  actual  title  when  the  transferee 
submits  a  new  title  application  at  the  same  time.  The 
State  shall  retain  the  power  of  attorney  form  and  title 
for  three  years  or  a  period  equal  to  the  State  titling 
record  retention  period,  whichever  is  shorter.  If  the 
mileage  disclosed  on  the  power  of  attorney  form  is  low- 
er than  the  mileage  appearing  on  the  title,  the  power 
of  attorney  is  void  and  the  dealer  shall  not  complete 
the  m.ileage  disclosure  on  the  title. 

Issued  on  September  13,  1991. 

56  F.R.  47681 
September  20,  1991 


PART  580-PRE  69-70 


PART  580-ODOMETER  DISCLOSURE  REQUIREMENTS 


(Docket  No.  87-09;  Notice  4) 


§  580.1     Scope. 

This  part  prescribes  rules  requiring  transferors 
and  lessees  of  motor  vehicles  to  make  written 
disclosure  to  transferees  and  lessors  respectively, 
concerning  the  odometer  mileage  and  its  accuracy 
as  directed  by  sections  408(a)  and  (e)  of  the  Motor 
Vehicle  Information  and  Cost  Savings  Act  as 
amended,  15  U.S.C.  1988  (a)  and  (e).  In  addition, 
this  part  prescribes  the  rules  requiring  the  reten- 
tion of  odometer  disclosure  statements  by  motor 
vehicle  dealers,  distributors  and  lessors  and  the 
retention  of  certain  other  information  by  auction 
companies  as  directed  by  sections  408(g)  and  414  of 
the  Motor  Vehicle  Information  and  Cost  Savings 
Act  as  ammended,  15  U.S.C.  1990  (d)  and  1988  (g). 

§  580.2     Purpose. 

The  purpose  of  this  part  is  to  provide  purchasers 
of  motor  vehicles  with  odometer  information  to 
assist  them  in  determining  a  vehicle's  condition 
and  value  by  making  the  disclosure  of  a  vehicle's 
mileage  a  condition  of  title  and  by  requiring  lessees 
to  disclose  to  their  lessors  the  vehicle's  milage  at 
the  time  the  lessors  transfer  the  vehicle.  In  addi- 
tion, the  purpose  of  this  part  is  to  preserve  records 
that  are  needed  for  the  proper  investigation  of 
possible  violations  of  the  Motor  Vehicle  Informa- 
tion Cost  Savings  Act  and  any  subsequent  pro- 
secutorial, adjudicative  or  other  action. 

§  580.3     Definitions. 

All  terms  defined  in  Sections  2  and  402  of  the 
Motor  Vehicle  Information  and  Cost  Savings  Act 
are  used  in  their  statutory  meaning.  Other  terms 
used  in  this  part  are  defined  as  follows: 

Lessee  means  any  person,  or  the  agent  for  any 
person,  to  whom  a  motor  vehicle  has  been  leased 
for  a  term  of  at  least  4  months. 

Lessor  means  any  person,  or  the  agent  for  any 
person,  who  has  leased  5  or  more  motor  vehicles  in 
the  past  12  months. 


Mileage  means  actual  distance  that  a  vehicle  has 
traveled. 

lOriginal  power  of  attorney  means,  for  single 
copy  forms,  the  document  set  forth  by  secure  pro- 
cess which  is  issued  by  the  State,  and,  for  multicopy 
forms,  any  and  all  copies  set  forth  by  secure  process 
which  are  issued  by  the  State.  (56  F.R.  47681— 
September  20,  1991.  Effective:  October  21,  1991)1 

Secure  printing  process  or  other  secure  process 
means  any  process  which  deters  and  detects 
counterfeiting  and/or  unauthorized  reproduction  and 
allows  alterations  to  be  visible  to  the  naked  eye. 

Transferee  means  any  person  to  whom  owner- 
ship of  a  motor  vehicle  is  transferred,  by  purchase, 
gift,  or  any  other  means  other  than  by  the  creation 
of  a  security  interest,  and  any  person  who,  as 
agent,  signs  an  odometer  disclosure  statement  for 
the  transferee. 

Transferor  means  any  person  who  transfers  his 
ownership  of  a  motor  vehicle  by  sale,  gift,  or  any 
means  other  than  by  the  creation  of  a  security 
interest,  and  any  person  who,  as  agent,  signs  an 
odometer  disclosure  statement  for  the  transferor. 

§  580.4    Security  of  title  documents  and  power  of 
attorney  forms. 

Each  title  shall  be  set  forth  by  means  of  a  secure 
printing  process  or  other  secure  process.  In  addi- 
tion, power  of  attorney  forms  issued  pursuant  to 
§§  580.13  and  580.14  and  documents  which  are 
used  to  reassign  the  title  shall  be  issued  by  the 
State  and  shall  be  set  forth  by  a  secure  process. 

§  580.5     Disclosure  of  odometer  information. 

(a)  Each  title,  at  the  time  it  is  issued  to  the 
transferee,  must  contain  the  mileage  disclosed  by 
the  transferor  when  ownership  of  the  vehicle  was 
transferred  and  contain  a  space  for  the  informa- 
tion required  to  be  disclosed  under  paragraphs  (c), 
(d),  (e)  and  (f)  of  this  section  at  the  time  of  future 
transfer. 


(Rev.  9/20/91) 


PART  580-1 


(b)  Any  documents  which  are  used  to  reassign  a 
title  shall  contain  a  space  for  the  information  re- 
quired to  be  disclosed  under  paragraphs  (c),  (d),  (e) 
and  (f)  of  this  section  at  the  time  of  transfer  of 
ownership. 

(c)  [In  connection  with  the  transfer  of  ownership 
of  a  motor  vehicle,  each  transferor  shall  disclose  the 
mileage  to  the  transferee  in  writing  on  the  title  or, 
except  as  noted  below,  on  the  document  being  used 
to  reassign  the  title.  In  the  case  of  a  transferor  in 
whose  name  the  vehicle  is  titled,  the  transferor  shall 
disclose  the  mileage  on  the  title,  and  not  on  a 
reassignment  document.  This  v/ritten  disclosure 
must  be  signed  by  the  transferor,  including  the 
printed  name.  In  connection  with  the  transfer  of 
ownership  of  a  motor  vehicle  in  which  more  than 
one  person  is  a  transferor,  only  one  transferor  need 
sign  the  written  disclosure.  In  addition  to  the 
signature  and  printed  name  of  the  transferor,  the 
written  disclosure  must  contain  the  following  infor- 
mation: (56  F.R.  47681— September  20,  1991.  Effec- 
tive: June  22,  1992)1 

(1)  The  odometer  reading  at  the  time  of 
transfer  (not  to  include  tenths  of  miles); 

(2)  The  date  of  transfer; 

(3)  The  transferor's  name  and  current  address; 

(4)  The  transferee's  name  and  current  address; 
and 

(5)  The  identity  of  the  vehicle,  including  its 
make,  model,  year,  and  body  type,  and  its  vehicle 
identification  number. 

(d)  In  addition  to  the  information  provided 
under  paragraph  (c)  of  this  section,  the  statement 
shall  refer  to  the  Federal  law  and  shall  state  that 
failure  to  complete  or  providing  false  information 
may  result  in  fines  and/or  imprisonment.  Refer- 
ence may  also  be  made  to  applicable  State  law. 

(e)  In  addition  to  the  information  provided  under 
paragraphs  (c)  and  (d)  of  this  section, 

(1)  The  transferor  shall  certify  that  to  the  best 
of  his  knowledge  the  odometer  reading  reflects 
the  actual  mileage,  or; 

(2)  If  the  transferor  knows  that  the  odometer 
reading  reflects  the  amount  of  mileage  in  excess 
of  the  designed  mechanical  odometer  limit,  he 
shall  include  a  statement  to  that  effect;  or 

(3)  If  the  transferor  knows  that  the  odometer 
reading  differs  from  the  mileage  and  the  the  dif- 
ference is  greater  than  that  caused  by  odometer 


calibration  error,  he  shall  include  a  statement  that 
the  odometer  reading  does  not  reflect  the  actual 
mileage,  and  should  not  be  relied  upon.  This  state- 
ment shall  also  include  a  warning  notice  to  alert 
the  transferee  that  a  discrepancy  exists  between 
the  odometer  reading  and  the  actual  mileage. 

(f)  The  transferee  shall  sign  the  disclosure  state- 
ment, print  his  name,  and  return  a  copy  to  his 
transferor. 

(g)  If  the  vehicle  has  not  been  titled  or  if  the  title 
does  not  contain  a  space  for  the  information  re- 
quired, the  written  disclosure  shall  be  executed  as  a 
separate  document. 

(h)  No  person  shall  sign  an  odometer  disclosure 
statement  as  both  the  transferor  and  transferee  in 
the  same  transaction,  unless  permitted  by  §  580.13 
or  §  580. 

§  580.6     Exemptions. 

Notwithstanding  the  requirements  of  §  580.5  and 
580.7: 

(a)  A  transferor  or  a  lessee  of  any  of  the  following 
motor  vehicles  need  not  disclose  the  vehicle's 
odometer  mileage: 

(1)  A  vehicle  having  a  Gross  Vehicle  Weight 
Rating,  as  defined  in  §  571.3  of  this  title,  of  more 
the  16,000  pounds; 

(2)  A  vehicle  that  is  not  self-propelled; 

(3)  A  vehicle  that  is  10  years  old  or  older;  or 

(4)  A  vehicle  sold  directly  by  the  manufacturer 
to  any  agency  of  the  United  States  in  conformity 
with  contractual  specifications. 

(b)  A  transferor  of  a  new  vehicle  prior  to  its  first 
transfer  for  purposes  other  than  resale  need  not 
disclose  the  vehicle's  odometer  mileage. 

(c)  A  lessor  of  any  of  the  vehicles  listed  in 
paragraph  (a)  of  this  section  need  not  notify  the 
lessee  of  any  of  these  vehicles  of  the  disclosure  re- 
quirements of  §  580.7. 

§  580.7     Disclosure  of  Odometer  Information  for 
Leased  Motor  Vehicles. 

(a)  Before  executing  any  transfer  of  ownership 
document,  each  lessor  of  a  leased  motor  vehicle 
shall  notify  the  lessee  in  writing  that  the  lessee  is  re- 
quired  to   provide   a   written   disclosure   to   the 


(Rev.  9/20/91) 


PART  580-2 


lessor  regarding  the  mileage.  This  notice  shall  con- 
tain a  reference  to  the  federal  law  and  shall  state 
that  failure  to  complete  or  providing  false  informa- 
tion may  result  in  fines  and/or  imprisonment. 
Reference  may  also  be  made  to  applicable  State 
law. 

(b)  In  connection  with  the  transfer  of  ownership 
of  the  leased  motor  vehicle,  the  lessee  shall  furnish 
to  the  lessor  a  written  statement  regarding  the 
mileage  of  the  vehicle.  This  statement  must  be 
signed  by  the  lessee  and,  in  addition  to  the  infor- 
mation required  by  paragraph  (a)  of  this  section, 
shall  contain  the  following  information: 

(1)  The  printed  name  of  the  person  making  the 
disclosure; 

(2)  The  current  odometer  reading  (not  to  include 
tenths  of  miles); 

(3)  The  date  of  the  statement; 

(4)  The  lessee's  name  and  current  address; 

(5)  The  lessor's  name  and  current  address; 

(6)  The  identity  of  the  vehicle,  including  its 
make,  model,  year,  and  body  type,  and  its  vehicle 
identification  number; 

(7)  The  date  that  the  lessor  notified  the  lessee  of 
disclosure  requirements; 

(8)  The  date  that  the  completed  disclosure  state- 
ment was  received  by  the  lessor;  and 

(9)  The  signature  of  the  lessor. 

(c)  In  addition  to  the  information  provided  under 
paragraphs  (a)  and  (b)  of  this  section, 

(1)  The  lessee  shall  certify  that  to  the  best  of 
his  knowledge  the  odometer  reading  reflects  the 
actual  mileage;  or 

(2)  If  the  lessee  knows  that  the  odometer 
reading  reflects  the  amount  of  mileage  in  excess 
of  the  designed  mechanical  odometer  limit,  he 
shall  include  a  statement  to  that  effect;  or 

(3)  If  the  lessee  knows  that  the  odometer 
reading  differs  from  the  mileage  and  that  the  dif- 
ference is  greater  than  that  caused  by  odometer 
calibration  error,  he  shall  include  a  statement 
that  the  odometer  reading  is  not  the  actual 
mileage  and  should  not  be  relied  upon. 

(d)  If  the  lessor  transfers  the  leased  vehicle 
without  obtaining  possession  of  it,  the  lessor  may 
indicate  on  the  title  the  mileage  disclosed  by  the 
lessee  under  paragraph  (b)  and  (c)  of  this  section, 
unless  the  lessor  has  reason  to  believe  that  the 


disclosure  by  the  lessee  does  not  reflect  the  actual 
mileage  of  the  vehicle. 

§  580.8    Odometer  Disclosure  Statement  Retention. 

(a)  Dealers  and  distributors  of  motor  vehicles 
who  are  required  by  this  part  to  execute  an 
odometer  disclosure  statement  shall  retain  for  five 
years  a  photostat,  carbon  or  other  facsimile  copy  of 
each  odometer  mileage  statement  which  they  issue 
and  receive.  They  shall  retain  all  odometer 
disclosure  statements  at  their  primary  place  of 
business  in  an  order  that  is  appropriate  to  business 
requirements  and  that  permits  systematic 
retrieval. 

(b)  Lessors  shall  retain,  for  five  years  following 
the  date  they  transfer  ownership  of  the  leased 
vehicle,  each  odometer  disclosure  statement  which 
they  receive  from  a  lessee.  They  shall  retain  all 
odometer  disclosure  statements  at  their  primary 
place  of  business  in  an  order  that  is  appropriate  to 
business  requirements  and  that  permits  systematic 
retrieval. 

1(c)  Dealers  and  distributors  of  motor  vehicles 
who  are  granted  a  power  of  attorney  by  their 
transferor  pursuant  to  §  580.13,  or  by  their 
transferee  pursuant  to  §  580.14,  shall  retain  for 
five  years  a  photostat,  carbon,  or  other  facsimile 
copy  of  each  power  of  attorney  that  they  receive. 
They  shall  retain  all  powers  of  attorney  at  their 
primary  place  of  business  in  an  order  that  is  ap- 
propriate to  business  requirements  and  that  per- 
mits systematic  retrieval.  (54  F.R.  35879— August 
30,  1989.  Effective:  August  30,  1989)1 

§  580.9    Odometer  Record  Retention  for  Auction 
Companies. 

Each  auction  company  shall  establish  and  retain 
at  it  primary  place  of  business  in  an  order  that  is 
appropriate  to  business  requirements  and  that  per- 
mits systematic  retrieval,  for  five  year  following 
the  date  of  sale  of  each  motor  vehicle,  the  following 
records: 

(a)  The  name  of  the  most  recent  owner  (other 
than  the  action  company); 

(b)  The  name  of  the  buyer; 

(c)  The  vehicle  identification  number;  and 

(d)  The  odometer  reading  on  the  date  which  the 
auction  company  took  possession  of  the  motor 
vehicle. 


PART 


§  580.10    Application  for  Assistance. 

(a)  A  State  may  apply  to  NHTSA  for  assistance 
in  revising  its  laws  to  comply  with  the  requirements 
of  408(dXl)  and  (2)  of  the  Motor  Vehicle  Information 
and  Cost  Savings  Act,  15  U.S.C.  1988(dXl)  and  (2) 
and  §§  580.4  and  580.5  of  this  part. 

(b)  Each  application  filed  under  section  shall— 

(1)  Be  written  in  the  English  language; 

(2)  Be  submitted,  to  the  Office  of  Chief 
Counsel,  National  Highway  Traffic  Safety  Ad- 
ministration, 400  Seventh  Street,  S.W., 
Washington,  D.C.  20590; 

(3)  Include  a  copy  of  current  motor  vehicle  titl- 
ing and/or  disclosure  requihements  in  effect  in 
the  State;  and 

(4)  Include  a  draft  of  legislation  or  regulations 
intended  to  amend  or  revise  current  State  motor 
vehicle  titling  and/or  disclosure  requirements  to 
conform  with  Federal  requirements. 

(c)  The  agency  will  respond  to  the  applicant,  in 
writing,  and  provide  a  list  of  the  Federal  statutory 
and/or  regulatory  requirements  that  the  State  may 
have  failed  to  include  in  its  proposal  and  indicate  if 
any  sections  of  the  proposal  appear  to  conflict  with 
Federal  requirements. 

§  580.11     Petition  for  Approval  of  Alternate 
Disclosure  Requirements. 

(a)  A  State  may  petition  NHTSA  for  approval  of 
disclosure  requirements  which  differ  from  the 
disclosure  requirements  of  §§  580.5  and  580.7  [or 
580.13(f)l  of  this  part. 

(b)  Each  petition  filed  under  this  section  shall— 

(1)  Be  written  in  the  English  language; 

(2)  Be  submitted  to  the  Office  of  Chief 
Counsel,  National  Highway  Traffic  Safety  Ad- 
ministration, 400  Seventh  Street,  S.W., 
Washington,  D.C.  20590; 

(3)  Set  forth  the  motor  vehicle  disclosure  re- 
quirements in  effect  in  the  State,  including  a  copy 
of  the  applicable  State  law  or  regulation;  and 

(4)  Explain  how  the  State  motor  vehicle 
disclosure  requirements  are  consistent  with  the 
purposes  of  the  Motor  Vehicle  Information  and 
Cost  Savings  Act. 

(c)  INotice  of  the  petition  and  an  initial  deter- 
mination pending  a  30-day  comment  period  will  be 
published  in  the  Federal  Register.  Notice  of  final 


grant  or  denial  of  a  petition  for  approval  of  alter- 
nate motor  vehicle  disclosure  requirements  will  be 
published  in  the  Federal  Register.  The  effect  of  a 
grant  of  a  petition  is  to  relieve  a  State  from  respon- 
sibility to  conform  the  State  disclosure  require- 
ments with  §§  580.5,  580.7,  or  580.13(f),  as  ap- 
plicable, for  long  as  the  approved  alternate 
disclosure  requirements  remaine  in  effect  in  that 
State.  The  effect  of  a  denial  is  to  require  a  State  to 
conform  to  the  requirements  of  §§  580.5  and  580.7 
or  580.13(f),  as  applicable,  of  this  part  until  such 
time  as  the  NHTSA  approves  any  alternate  motor 
vehicle  disclosure  requirements.  (56  F.R. 
47681— September  20,  1991.  Effective:  October  21, 
1991)1 

§  580.12     Petition  for  Extension  of  Time. 

(a)  If  a  State  cannot  conform  its  laws  to  achieve 
compliance  with  this  part  by  April  29,  1989,  the 
State  may  petition  for  an  extension  of  time. 

(b)  Each  petition  filed  under  this  section  shall— 

(1)  Be  written  in  the  English  Language; 

(2)  Be  submitted,  by  I^ebruary  28,  1989,  to 
the  Office  of  Chief  Counsel,  National  Highway 
Traffic  Safety  Administration,  400  Seventh 
Street,  S.W.,  Washington,  D.C,  20590; 

(3)  Set  forth  a  chronological  analysis  of  the  ef- 
forts the  State  has  taken  to  meet  the  deadline,  the 
reasons  why  it  did  not  do  so,  the  length  of  time 
desired  for  extension  and  a  description  of  the 
steps  to  be  taken  while  the  extension  is  in  effect. 

(c)  Notice  of  either  the  grant  or  denial  of  the 
petition  is  issued  to  the  petitioner  and  will  be 
published  in  the  Federal  Register. 

(d)  A  petition  for  a  renewal  of  an  extension  of 
time  must  be  filed  no  later  than  30  days  prior  to  the 
termination  of  the  extension  of  time  granted  by  the 
Agency.  A  petition  for  a  renewal  of  an  extension  of 
time  must  meet  the  same  requirements  as  the 
original  petition  for  the  extension  of  time. 

(e)  If  a  petition  for  a  renewal  of  the  extension  of 
the  time  which  meets  the  requirements  of  §  580.12 
(b)  is  filed,  the  extension  of  time  will  continue  until 
a  decision  is  made  on  the  renewal  petition. 

§  580.13     Disclosure  of  odometer  information 
by  power  of  attorney. 

(a)  If  the  transferor's  title  is  physically  held  by  a 
lienholder,  or  if  the  transferor  to  whom  the  title 


(Rev.  9;20;91) 


PART  580-4 


was  issued  by  the  State  has  lost  his  title  and  the 
transferee  obtains  a  duplicate  title  on  behalf  of  the 
transferor,  and  if  otherwise  permitted  by  State 
law,  the  transferor  may  give  a  power  of  attorney  to 
his  transferee  for  the  purpose  of  mileage 
disclosure.  The  power  of  attorney  shall  be  on  a 
form  issued  by  the  State  to  the  transferee  that  is 
set  forth  by  means  of  a  secure  printing  process  or 
other  secure  process,  and  shall  contain,  in  Part  A, 
a  space  for  the  information  required  to  be  disclosed 
under  paragraphs  (b),  (c),  (d),  and  (e),  of  this 
section.  If  a  State  permits  the  use  of  a  power  of 
attorney  in  the  situation  described  in  §  580.14(a), 
the  form  must  also  contain,  in  Part  B,  a  space  for 
the  information  required  to  be  disclosed  under 
§  580.14,  and  in  Part  C,  a  space  for  certification 
required  to  be  made  under  §  580.15. 

(b)  In  connection  with  the  transfer  of  ownership 
of  a  motor  vehicle,  each  transferor  to  whom  a  title 
was  issued  by  the  State  whose  title  is  physically 
held  by  a  lienholder  or  whose  title  has  been  lost, 
and  who  elects  to  give  his  transferee  a  power  of 
attorney  for  the  purpose  of  mileage  disclosure, 
must  appoint  the  transferee  his  attorney-in-fact  for 
the  purpose  of  mileage  disclosure  and  disclose  the 
mileage  on  the  power  of  attorney  form  issued  by 
the  State.  This  written  disclosure  must  be  signed 
by  the  transferor,  including  the  printed  name,  and 
contain  the  following  information: 

(1)  The  odometer  reading  at  the  time  transfer 
(not  to  include  tenths  of  miles); 

(2)  The  date  of  transfer; 

(3)  The  transferor's  name  and  current  address; 

(4)  The  transferee's  name  and  current  ad- 
dress; and 

(5)  The  identity  of  the  vehicle,  including  its 
make,  model,  year,  body  type,  and  vehicle  iden- 
tification number. 

(c)  In  addition  to  the  information  provided  under 
paragraph  (b)  of  this  section,  the  power  of  attorney 
form  shall  refer  to  the  Federal  odometer  law  and 
state  that  providing  false  information  or  the  failure 
of  the  person  granted  the  power  of  attorney  to  sub- 
mit the  form  to  the  State  may  result  in  fines  and/or 
imprisonment.  Reference  may  also  be  made  to  ap- 
plicable State  law. 

(d)  In  addition  to  the  information  provided 
under  paragraphs  (b)  and  (c)  of  this  section, 

(1)  The  transferor  shall  certify  that  to  the  best 
of  his  knowledge  the  odometer  reflects  the  actual 


(2)  If  the  transferor  knows  that  the  odometer 
reading  reflects  mileage  in  excess  of  the  de- 
signed mechanical  odometer  limit,  he  shall  in- 
clude a  statement  to  that  effect;  or 

(3)  If  the  transferor  knows  that  the  odometer 
reading  differs  from  the  mileage  and  the  dif- 
ference is  greater  than  that  caused  by  a  calibra- 
tion error,  he  shall  include  a  statement  that  the 
odometer  reading  does  not  reflect  the  actual 
mileage  and  should  not  be  relied  upon.  This 
statement  shall  also  include  a  warning  notice  to 
alert  the  transferee  that  a  discrepancy  exists 
between  the  odometer  reading  and  the  actual 
mileage. 

(e)  The  transferee  shall  sign  the  power  of 
attorney  form,  print  his  name,  and  return  a  copy  of 
the  power  of  attorney  form  to  the  transferor. 

(f)  [Upon  receipt  of  the  transferor's  title,  the 
transferee  shall  complete  the  space  for  mileage 
disclosure  on  the  title  exactly  as  the  mileage  was 
disclosed  by  the  transferor  on  the  power  of 
attorney  form.  The  transferee  shall  submit  the 
original  power  of  attorney  form  to  the  State  that 
issued  it,  with  a  copy  of  the  transferor's  title  or 
with  the  actual  title  when  the  transferee  submits  a 
new  title  application  at  the  same  time.  The  State 
shall  retain  the  power  of  attorney  form  and  title 
for  three  years  or  a  period  equal  to  the  State  titling 
record  retention  period,  whichever  is  shorter.  If 
the  mileage  disclosed  on  the  power  of  attorney 
form  is  lower  than  the  mileage  appearing  on  the 
title,  the  power  of  attorney  is  void  and  the  dealer 
shall  not  complete  the  mileage  disclosure  on  the 
title.  (56  F.R.  47681— September  20,  1991.  Effective: 
October  21,  1991)1 

§  580.14     Power  of  attorney  to  review  title  docu- 
ments and  acknowledge  disclosure. 

(a)  In  circumstances  where  Part  A  of  a  secure 
power  of  attorney  form  has  been  used  pursuant  to 
§  580.13  of  this  Part,  and  if  otherwise  permitted  by 
State,  law  a  transferee  may  give  a  power  of 
attorney  to  his  transferor  to  review  the  title  and 
any  reassignment  documents  for  mileage  dis- 
crepancies, and  if  no  discrepancies  are  found,  to 
acknowledge  disclosure  on  the  title.  The  power  of 
attorney  shall  be  on  Part  B  of  the  form  referred  to 
in  §  580.13(a),  which  shall  contain  a  space  for  the 
information  required  to  be  disclosed  under 
paragraphs  (b),  (c),  (d),  and  (e)  of  this  section  and, 
in  Part  C,  a  space  for  the  certification  required  to 
be  made  under  §  580.15. 


PART  580-5 


(b)  The  power  of  attorney  must  include  a 
mileage  disclosure  from  the  transferor  to  the 
transferee  and  must  be  signed  by  the  transferor, 
including  the  printed  name,  and  contain  the  follow- 
ing information: 

(1)  The  odometer  reading  at  the  time  of 
transfer  (not  to  include  tenths  of  miles); 

(2)  The  date  of  transfer; 

(3)  The  transferor's  name  and  current  ad- 
dress; and 

(4)  The  transferee's  name  and  current  ad- 
dress; and 

(5)  The  identity  of  the  vehicle,  including  its 
make,  model,  year,  body  type,  and  vehicle  iden- 
tification number. 

(c)  In  addition  to  the  information  provided  under 
paragraph  (b)  of  this  section,  the  power  of  attorney 
form  shall  refer  to  the  Federal  odometer  law  and 
state  that  providing  false  information  or  the  failure 
of  the  person  granted  the  power  of  attorney  to  sub- 
mit the  form  to  the  State  may  result  in  fines  and/or 
imprisonment.  Reference  may  also  be  made  to 
applicable  State  law. 

(d)  In  addition  to  the  information  provided 
under  paragraphs  (b)  and  (c)  of  this  section. 

(1)  The  transferor  shall  certify  that  to  the  best 
of  his  knowledge  the  odometer  reflects  the  actual 
mileage;  or 

(2)  If  the  transferor  knows  that  the  odometer 
reading  reflects  mileage  in  excess  of  the 
designated  mechanical  odometer  limit,  he  shall 
include  a  statement  to  that  effect;  or 

(3)  If  the  transferor  knows  that  the  odometer 
reading  differs  from  the  mileage  and  the 
difference  is  greater  than  that  caused  by  calibra- 
tion error,  he  shall  include  a  statement  that  the 
odometer  reading  does  not  reflect  the  actual 
mileage  and  should  not  be  relied  upon.  This 
statement  shall  also  include  a  warning  notice  to 
alert  the  transferee  that  a  discrepancy  exists  be- 
tween the  odometer  reading  and  the  actual 
mileage. 

(e)  The  transferee  shall  sign  the  power  of  at- 
torney form,  and  print  his  name. 

(f)  The  transferor  shall  give  a  copy  of  the  power 
of  attorney  form  to  his  transferee. 


[§  580.15    Certification  by  person  exercising 
power(s)  of  attorney. 

(a)  A  person  who  exercises  a  power  of  attorney 
under  both  §§  580.13  and  580.14  must  complete  a 
certification  that  he  has  disclosed  on  the  title  docu- 
ment the  mileage  as  it  was  provided  to  him  on  the 
power  of  attorney  form,  and  that  upon  examina- 
tion of  the  title  and  any  reassignment  documents, 
the  mileage  disclosure  he  has  made  on  the  title  pur- 
suant to  the  power  of  attorney  is  greater  than  that 
previously  stated  on  the  title  and  reassignment 
documents.  This  certification  shall  be  under  Part  C 
of  the  same  form  as  the  powers  of  attorney 
executed  under  §§  580.13  and  580.14,  and  shall 
include: 

(1)  The  signature  and  printed  name  of  the  per- 
son exercising  the  power  of  attorney; 

(2)  The  address  of  the  person  exercising  the 
power  of  attorney;  and 

(3)  The  date  of  the  certification. 

(b)  If  the  mileage  reflected  by  the  transferor  on 
the  power  of  attorney  is  less  than  that  previously 
stated  on  the  title  and  any  reassignment 
documents,  the  power  of  attorney  shall  be 
void.  (54  F.R.  35879— August  30,  1989.  Effective: 
August  30,  1989)1 

[§  580.16    Access  of  transferee  to  prior  title 
and  power  of  attorney  documents. 

(a)  In  circumstances  in  which  a  power  of  at- 
torney has  been  used  pursuant  to  §  580.13  of  this 
Part,  if  a  subsequent  transferee  elects  to  return  to 
his  transferor  to  sign  the  disclosure  on  the  title 
when  the  transferor  obtains  the  title  and  does  not 
give  his  transferor  a  power  of  attorney  to  review 
the  title  and  reassignment  documents,  upon 
transferee's  request,  the  transferor  shall  show  to 
the  transferee  a  copy  of  the  power  of  attorney  that 
he  received  from  his  transferor. 

(b)  Upon  request  of  a  purchaser,  a  transferor 
who  was  granted  a  power  of  attorney  by  his 
transferor  and  who  holds  the  title  to  the  vehicle  in 
his  own  name,  must  show  to  the  purchaser  the 
copy  of  the  previous  owner's  title  and  the  power  of 
attorney  form.  (54  F.R.  35879— August  30,  1989.  Ef- 
fective: August  30,  1989)1 

53  F.R.  29464 
August  5, 1988 


PART  580-6 

o  U  S  COVERNMENTT  PRINTTINC  OFFICE     19  9  2-  322-   5  K  7  6  0  3  2  C 


o 


U.S.  Department 
ofltansportatlon 

National  Highway 
Ttaffic  Safety 
Administration 

i6/2:990/supp.49 

al  flotor  Vehicle  Saf... 


Federal  Motor  Vehicle  Safety 
Standards  and  Regulations 

Supplement  49— Amendments 
and  Interpretations  Issued 
During  1991 

Page  Control  Chart 


(1)  Part  572— Anthropomorphic  Test  Dummies:  9-Month-Oid  Child 

(a)  Insert  attached  pages  numbered  PART  572-PRE  103  through  PRE  107-108  behind  page  in  book  numbered 
PART  572-PRE  102. 

(b)  Substitute  attached  Part  572  for  Part  572  in  book. 

(2)  Federal  Motor  Vehicle  Safety  Standard  No.  108 

When  S5.1.1.11  of  Standard  108  was  amended  in  May  1990,  the  last  phrase  in  the  amendment  was  inadvertently 
omitted.  This  substitute  page  corrects  that  omission. 


The  Federal  Motor  Vehicle  Safety  Standards  and  amendments  published  In  this  format  are  for  reference  purposes 
only.  They  should  not  l>e  considered  as  legally  binding  or  be  used  as  a  source  of  authority  In  matters  of  litigation. 
Tfie  United  States  Code  o1  Federal  Regulations  is  the  only  source  of  legal  authority  for  the  standards. 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  572 

Anthropomorphic  Test  Dummies:  9-Month-Qld  Child 

(Docket  No.  89-11;  Notice  02) 

RIN  2127-AC10 


ACTION:  Final  rule. 

SUMMARY:  This  notice  establishes  specifications  for  an 
anthropomorphic  test  dummy  representing  a  9-month- 
old  child.  The  agency  has  adopted  a  modified  version 
of  the  test  dummy  that  was  described  in  the  proposal 
preceding  this  rule.  The  test  dummy  adopted  today  has 
the  geometry  and  mass  of  the  proposed  dummy,  but 
is  not  instrumented  for  measuring  inertial  forces  as  had 
been  proposed.  NHTSA  believes  that  standardizing  the 
dummy  used  to  represent  9-month-old  children  would 
enable  NHTSA  and  the  child  passenger  safety  commu- 
nity to  evaluate  those  restraints  in  a  fuller  and  more 
uniform  manner.  Adding  the  dummy  to  Part  572  would 
be  the  first  step  toward  using  the  dummy  to  test  the 
compliance  of  child  restraints  with  Safety  Standard 
213,  Child  Restraint  Systems.  The  issue  of  using  the 
dummy  in  FMVSS  213  testing  will  be  explored  in 
future  rulemaking. 

EFFECTIVE  DATE:  This  rule  is  effective  February  15, 
1992. 

SUPPLEMENTARY  INFORMATION:  This  notice  amends 
Part  572,  Anthropomorphic  Test  Dummies,  to  estab- 
lish specifications  for  a  dummy  representing  a  9-month- 
old  child.  Child  test  dummies  enable  NHTSA  to  dynam- 
ically test  child  restraint  systems  in  a  manner  that  is 
both  measurable  and  repeatable.  The  9-month-old 
dummy  would  encourage  testing  of  child  restraint  sys- 
tems in  a  standardized  manner. 

Part  572  currently  contains  specifications  and  per- 
formance requirements  for  two  child  test  dummies,  a 
dummy  representing  a  6-month-old  child  and  one 
representing  a  3-year-old  child.  The  two  dummies  are 
used  to  evaluate  the  performance  of  child  restraint  sys- 
tems in  dynamic  sled  tests,  and  are  specifically  refer- 
enced in  Federal  Motor  Vehicle  Safety  Standard  213, 
Child  Restraint  Systems  (49  CFR  §  571.213)  as  the  test 
dummies  used  to  test  the  compliance  of  restraint 
systems  with  Standard  213  (§  571.213,  S7.1,  and  S7.2). 


The  agency  has  also  proposed  specifications  for  a 
6-year-old  child  dummy  (54  FR  13901;  April  6,  1989) 
for  use  in  evaluating  child  safety  seats,  and  is  develop- 
ing a  proposal  for  a  dummy  representing  a  newborn 
child.  Although  Standard  213  currently  specifies  only 
the  use  of  the  6-month-old  and  3-year-old  child  dum- 
mies in  compliance  tests,  NHTSA  plans  to  initiate 
rulemaking  that  would  assess  the  desirability  of 
amending  the  standard  to  use  additional  dummies  as 
Standard  213  test  instruments  after  NHTSA  adds  new 
dummies  (in  addition  to  the  9-month-old  child  dummy 
adopted  today)  to  Part  572. 

The  design  drawings,  a  set  of  master  patterns  for  all 
molded  and  cast  parts  of  the  dimimy,  and  a  users  manu- 
al for  the  9-month-old  dummy  are  available  for  exami- 
nation in  the  general  reference  section  of  NHTSA 
docket  89-11.  Copies  of  those  materials  can  be  obtained 
from  Rowley-Scher  Reprographics,  Inc.,  1216  K  St., 
N.W.,  Washington,  D.C.,  20002,  telephone  (202) 
628-6667.  In  addition,  patterns  for  all  cast  and  molded 
parts  are  available  on  a  loan  basis  from  NHTSA's 
Office  of  Vehicle  Safety  Standards. 

Background 
In  December  1989,  the  agency  published  the  notice 
of  proposed  rulemaking  (NPRM)  preceding  today's 
final  rule.  54  FR  52425;  December  21,  1989.  The 
NPRM  announced  NHTSA's  plans  to  add  to  Part  572 
the  design  and  performance  specifications  for  the 
9-month-old  child  test  dummy  manufactured  by  In- 
stituut  voor  Wegtransportmiddelen  (TNO),  Delft, 
Netherlands,  and  specified  in  the  United  Nations 
Economic  Commission  of  Europe  (ECE)  Regulation 
No.  44.  The  NPRM  explained  that  the  dummy  has  been 
used  in  dynamic  compliance  tests  in  ECE  member 
countries  since  1981.  The  notice  stated  that  the  dummy 
weighs  approximately  20  pounds,  stands  28  inches  tall 
(its  sitting  height  is  approximately  17.7  inches),  could 
be  instrumented  for  chest  acceleration,  is  capable  of 
measuring  abdominal  intrusion,  and  has  an  accelero- 


PART  572-PRE  103 


mecer  mount  in  the  head  that  is  suitable  for  installa- 
tion of  acceleration  sensors.  (The  notice  also  stated  that 
the  dummy's  weight  can  be  adjusted  from  20  up  to  25 
pounds,  which  is  incorrect,  according  to  TNO's  com- 
ment on  the  NPRM.  TNO  stated  that  the  dummy's 
weight  is  not  adjustable.) 

The  agency  issued  the  proposal  because  NHTSA 
believed  a  standardized  9-month-old  dummy  was  neces- 
sary to  obtain  information  about  the  performance  of 
restraint  systems  with  a  previously  unexamined  child 
occupant  age/size  group.  NHTSA  had  been  particularly 
concerned  about  public  comments  it  received  in  a  1986 
rulemaking  for  Standard  213,  in  which  commenters 
expressed  concerns  about  the  safety  of  small  children 
in  certain  booster  seats.  These  booster  seats  are 
equipped  with  a  shield  for  upper  torso  restraint,  and 
generally  provide  adequate  safety  when  tested  with  the 
NHTSA-specified  3-year-old  (33  pounds)  dummy. 
However,  the  commenters  said  that  children  smaller 
than  the  average  3-year-old  could  "submarine"  under 
the  shields  (i.e.,  slide  too  far  downward  and  forward 
underneath  the  shield,  legs  first),  and  would  be  com- 
pletely unrestrained  in  a  crash.  The  agency  believed 
that  adding  a  standardized  9-month-old  dummy  to  Part 
572  would  facilitate  the  evaluation  of  the  ability  of  child 
safety  seats  to  protect  children  of  varying  sizes  in 
weight  classes  recommended  for  the  restraints,  and 
would  be  the  first  step  toward  using  the  dummy  to  test 
the  compliance  of  child  restraints  with  Standard  213. 

NHTSA  believed  that  the  TNO  dummy  had  accepta- 
ble biofidelity  for  use  as  a  test  dummy.  (Biofidelity  is 
a  measure  of  how  human-like  a  test  dummy  would 
respond  in  an  impact.)  The  agency  determined  that  the 
dummy  has  accurate  anthropometry  and  mass  distri- 
bution, which  are  needed  features  to  simulate  the 
inertial  and  kinematic  responses  of  a  child  during  sled 
testing  of  the  seat.  NHTSA  believed  the  test  dummy 
could  be  used  to  reliably  assess  the  ability  of  the  child 
restraint  system  to  retain  its  occupants  (including  the 
ability  to  prevent  submarining)  and  to  maintain  its 
structural  integrity  during  dynamic  testing. 

Moreover,  NHTSA  believed  that  an  additional  asset 
of  the  TNO  dummy  was  that  it  could  be  instrumented 
with  accelerometers  to  measure  the  forces  imposed  on 
the  dummy  during  an  impact.  The  ability  of  a  child  res- 
traint system  to  limit  the  forces  experienced  by  the 
dummy  could  assist  in  the  evaluation  of  the  protection 
that  would  be  afforded  a  child  occupant.  The  agency 
believed  that  the  dummy  could  be  properly  calibrated 
to  ensure  accurate  and  repeatable  results. 

NHTSA  also  believed  that  adopting  the  proposed 
durmny  would  be  cost  efficient  since  the  cost  of  develop- 
ing a  new,  alternative  test  dummy  would  be  substan- 
tially reduced  or  eliminated.  In  addition,  the  agency 
believed  adopting  the  ECE-specified  dummy  would  be 
consistent  with  NHTSA's  goals  of  promoting  interna- 
tional harmonization  to  the  extent  possible. 


Comments  on  the  NPRM 

The  agency  received  comments  on  the  proposal 
from  Chrysler,  Ford,  General  Motors  (GM),  Volvo,         /* 
University  of  Michigan  (UM),  Transportation  Research         V 
Center  of  Ohio  (TRC),  TNO,  and  the  Insurance  Insti- 
tute for  Highway  Safety  (IIHS).  The  commenters  were 
divided  in  their  response  to  the  NPRM. 

There  was  universal  agreement  about  the  need  for 
a  dummy  representing  a  9-month-old  child  to  more  fully 
evaluate  the  performance  of  child  restraint  systems. 
IIHS  stated  that  child  occupant  fatalities  in  passenger 
vehicles  are  high  despite  the  increased  use  of  child  res- 
traint systems.  (IIHS  said  children  in  the  birth  to 
1-year-old  age  range  comprised  12  percent  (183)  of  the 
1,465  deaths  of  children  1-12  years  old  in  crashes  in 
1989.)  Commenters  also  agreed  that  the  proposed 
dummy  had  accurate  anthropometry  and  that  the  dum- 
my would  produce  reliable  and  realistic  kinematics 
representative  of  a  9-month-old  child. 

However,  commenters  were  sharply  divided  in  their 
responses  to  the  proposed  instrumentation  of  the 
dummy. 

IIHS  and  UM  expressed  support  for  the  portions  of 
the  proposal  relating  to  the  instrumentation  of  the 
dummy.  IIHS  supported  adopting  an  instrumented  test 
dummy  because  of  the  information  instrumentation 
would  yield  about  the  safety  of  child  restraints.  UM 
stated  it  has  been  using  the  TNO  dummy  for  a  year 
and  a  half  and  that  the  dummy  measurements  are  ^ 

valuable   for   assessing   and   comparing  different  \ 

restraint  systems. 

On  the  other  hand,  several  commenters  were  opposed 
to  or  raised  concerns  about  the  proposed  instrumenta- 
tion specifications.  Ford  believed  that  the  dummy 
would  not  be  able  to  meet  the  specification  proposed 
in  the  NPRM  that  the  mountings  to  which  the  acceler- 
ation sensors  are  attached  shall  have  no  resonance 
frequency  within  a  range  of  three  times  the  frequency 
range  of  the  applicable  channel  class  (Class  1000).  UM 
raised  a  question  about  the  proposed  calibration  proce- 
dures for  the  dummy's  thorax,  suggesting  that  the 
height  of  the  impact  point  on  the  sternum  was  too  low. 
GM  raised  concerns  that  the  NPRM  did  not  show  that 
the  dummy's  head  and  chest  impact  acceleration 
responses  are  biomechanically  based.  GM  said  that 
even  if  the  acceleration  measurements  provided  by  the 
9-month-old  dummy  are  equivalent  to  responses  pro- 
vided by  the  3-year-old  dummy  as  the  NPRM  had 
stated,  "The  3-year-old  child  dummy's  acceleration 
responses  actually  have  little  biomechanical  basis."  GM 
suggested  NHTSA  consider  developing  a  9-month-old 
dummy  based  on  "scaling  of  responses  .  .  .  from  other 
sized  dummies  (or  other  siu-rogates)  that  exhibit  an 
established  degree  of  biofidelity."  Volvo  stated  that  it 
does  not  support  adoption  of  the  proposed  9-month-old 
dummy  because  of  reproducibility  problems  Volvo  t 

encountered  with  the  ECE  3-year-old  dummy.  Volvo 
believed  that  the  9-month-old  dummy  would  perform 


PART  572-PRE  104 


simOarly  to  the  ECE  3-year-old  dummy  because  the 
dummies  share  the  same  basic  design. 

Final  rule 

The  agency  has  considered  each  of  the  comments  and 
has  decided  to  adopt  the  TNO  dummy  without  the 
instrumentation  that  had  been  proposed.  The  dummy's 
dimensional  and  mass  distribution  characteristics  are 
the  same  as  those  proposed.  This  rule  also  contains 
specifications  for  adjusting  the  torque  in  the  dummy's 
joints  to  ensure  consistent  and  repeatable  rotational 
motions  for  the  dummy.  Data  show  that  head  excur- 
sion measurements  for  the  TNO  dummy  had  a  coeffi- 
cient of  variation  of  less  than  4.5  percent,  which  is 
generally  considered  to  be  good  for  repeatability  and 
reproducibility.  ("Repeatability  and  Reproducibility  of 
the  TNO  P3/4  Dummy  in  Frontal  Impacts,"  J.  Kooi, 
Report  No.  751861070,  May  1989.) 

NHTSA  believes  that  the  dummy  will  reliably  and 
consistently  represent  the  dynamics  of  a  9-month-old 
child  during  simulated  impact  tests.  The  dummy  will 
be  used  to  assess  the  ability  of  child  safety  seats  to 
retain  a  9-month-old  child  and  maintain  their  structural 
integrity  during  dynamic  testing.  The  dummy  will  also 
be  used  to  determine  the  areas  of  the  child  seat  that 
are  contactable  by  the  dummy's  head  or  torso  during 
dynamic  testing  (i.e.,  contactable  surfaces),  which  will 
provide  information  on  the  adequacy  of  the  padding  of 
contactable  surfaces  and  the  protrusions  from  the 
surfaces. 

The  agency  has  decided  not  to  adopt  the  instrumen- 
tation aspects  of  the  NPRM  because  NHTSA  wishes 
to  evaluate  further  issues  related  to  the  dummy's 
calibration  and  head  and  thorax  responses.  After 
receiving  the  comments  on  the  NPRM,  the  agency 
undertook  a  program  to  obtain  information  about  the 
issues  raised  by  the  commenters.  In  this  verification 
effort,  the  agency  encountered  several  problems  and 
difficulties,  includiing  the  reproducibility  of  acceleration 
measurements,  and  inconsistencies  in  measurements 
in  the  calibration  procedure.  Some  of  these  difficulties 
were  similar  to  the  ones  encountered  by  some  of  the 
commenters  (e.g.,  UM)  when  they  conducted  the 
calibration  procedure.        ^ 

The  agency  has  determined  that  resolving  problems 
about  the  instrumentation  and  calibration  of  the 
dummy  requires  time-consuming  testing  and  follow-up 
evaluation.  Among  the  topics  that  the  agency  wishes 
to  address  is  the  need  for  and  feasibility  of  developing 
a  simplified  calibration  procedure  instead  of  the  head 
pendulum  procedure  described  in  the  NPRM.  Further, 
TNO  indicated  since  publication  of  the  NPRM  that  it 
would  conduct  additional  testing  of  the  dummy  to 
evaluate  the  apparent  ambiguities  in  the  calibration 
procedure. 

NHTSA  has  decided  to  proceed  with  adopting  the 
dummy  without  instrumentation  instead  of  delaying 


the  rulemaking  until  the  instrumentation  issues  can  be 
resolved.  Adoption  of  the  uninstrumented  dummy 
would  encourage  testing  of  restraint  systems  in  a  stan- 
dardized manner.  The  agency  will  continue  to  work  on 
resolving  the  instrumentation  issues  (e.g.,  improving 
repeatability  and  reproducibility,  and  simplifying  the 
calibration  procedure).  To  that  end,  NHTSA  plans  to 
publish  a  supplemental  notice  about  its  findings  and 
tentative  conclusions  concerning  those  issues. 

The  agency  notes  that  UM  and  Volvo  reported  dura- 
bility and  repairability  problems  of  the  TNO  dummy. 
UM  said  femurs  broke  as  a  result  of  "inappropriate 
materials  and/or  heat  treatment,"  and  the  flesh  is  not 
repairable  by  a  heat  application.  Volvo  said  poly- 
urethane,  the  material  used  in  the  dummy,  is  prone  to 
age  rapidly  if  it  is  not  stored  in  an  atmosphere  'Adth 
a  humidity  of  about  95  percent.  NHTSA  has  not  ex- 
perienced any  of  the  problems  cited  by  the  commenters 
in  the  agency's  extensive  testing  of  the  dummy.  The 
agency  believes  the  reported  durability  and 
repairabilty  problems  are  more  directly  related  to  the 
maintenance  of  the  test  facility  and  the  timely  replace- 
ment of  failed  parts,  rather  than  to  problems  with  the 
dummy  itself.  However,  if  NHTSA  learns  of  durabil- 
ity and  repairability  problems  with  the  dummy,  the 
agency  will  take  appropriate  action  to  address  those 
problems. 

In  consideration  of  the  foregoing,  NHTSA  amends 
49  CFR  Part  572  as  follows: 

Subpart  G,  H,  and  I  are  added  and  reserved,  and  a 
new  subpart  J  consisting  of  §§  572.80  through  §  572.86 
would  be  added  to  read  as  follows: 

Subpart  G  [Reserved] 
Subpart  H  [Reserved] 
Subpart  I  [Reserved] 
Subpart  J     9-month-Old  Child 

572.80  Incorporated  materials. 

572.81  General  description. 

572.82  Head. 

572.83  Head-Neck. 

572.84  Thorax. 

572.85  Lumbar  spine  and  pelvis. 

572.86  Test  conditions  and  adjustments. 


§  572.80    Incorporated  materials. 

The  drawings  and  specifications  referred  to  in  this 
regulation  that  are  not  set  forth  in  full  are  hereby  in- 
corporated in  this  part  by  reference.  These  materials 
are  thereby  made  part  of  this  regulation.  The  Director 
of  the  Federal  Register  approved  the  materials  incor- 
porated by  reference  in  accordance  with  5  U.S.C.  552(a) 
and  1  CFR  Part  51.  Copies  of  the  materials  may  be 
obtained  from  Rowley-Scher  Reprographics,  Inc.,  1216 
K  Street,  N.W.,  Washington,  D.C.  20002,  telephone 
(202)  628-6667.  Copies  are  available  for  inspection  in 
the   general    reference    section    of   Docket   89-11, 


PART  572-PRE  105 


Docket  Section,  National  Highway  Traffic  Safety  Ad- 
ministration, Room  5109,  400  Seventh  Street,  S.W. 
Washington,  D.C.,  or  at  the  Office  of  the  Federal 
Register.  1100  L  Street,  N.W.,  Room  8401,  Washing- 
ton, D.C. 

5572.81  General  description. 

(a)  The  dummy  consists  of:  (1)  the  assembly  speci- 
fied in  drawing  LP  1049/A,  which  is  described  in  its 
entirety  by  means  of  approximately  54  separate  draw- 
ings and  specifications.  1049/1  through  1049/54.,  and 
(2)  a  parts  list  LP  1049/0  (5  sheets);  and,  (3)  a  report 
entitled,  "The  TNO  P3/4  Child  Dummy  Users  Manual," 
January  1979,  published  by  Instituut  voor 
Wegtransportmiddelen  TNO. 

(b)  Adjacent  dummy  segments  are  joined  in  a 
manner  such  that  throughout  the  range  of  motion  and 
also  under  simulated  crash-impact  conditions  there  is 
no  contact  between  metallic  elements  except  for  con- 
tacts that  exist  under  static  conditions. 

(c)  The  structural  properties  of  the  dummy  are  such 
that  the  dummy  conforms  to  this  Part  in  every  respect 
both  before  and  after  being  used  in  dynamic  tests  such 
as  that  specified  in  Standard  No.  213  of  this  Chapter 
(§  571.213). 

5572.82  Head. 

The  head  consists  of  the  assembly  showm  in  drawing 
LP  1049/A  and  conforms  to  each  of  the  applicable- 
drawings  listed  under  LP  1049/0  through  54. 

5572.83  HeadNeclc. 

The  head-neck  assembly  shown  in  drawing  1049/A 
consists  of  parts  specified  as  items  1  through  16  and 
in  item  56. 

5572.84  Thorax. 

The  thorax  consists  of  the  part  of  the  torso  shown 
in  assembly  drawing  LP  1049/A  and  conforms  to  each 
of  the  applicable  drawings  listed  under  SP  1049/0 
through  54. 

5572.85  Lumbar  spine  flexure. 

(a)  When  subjected  to  continuously  applied  force  in 
accordance  with  paragraph  (b)  of  this  section,  the 
lumbar  spine  assembly  shall  flex  by  an  amount  that 
permits  the  thoracic  spine  to  rotate  from  its  initial  po- 
sition in  accordance  with  Figure  No.  18  of  §  572.21  (49 
CFR  Part  572)  by  40  degrees  at  a  force  level  of  not 
less  than  18  pounds  and  not  more  than  22  pounds,  and 
straighten  upon  removal  of  the  force  to  within  5 
degrees  of  its  initial  position. 

(b)  Test  procedure. 

(1)  The  lumbar  spine  flexure  test  is  conducted  on  a 
dummy  assembly  as  shown  in  drawing  LP  1049/A,  but 


with  the  arms  (which  consist  of  parts  identified  as  items 
17  through  30)  and  all  head-neck  parts  (identified  as 
items  1  through  13  and  59  through  633,  removed. 

(2)  With  the  torso  assembled  in  an  upright  position, 
adjust  the  lumbar  cable  by  tightening  the  adjustment 
nut  for  the  lumbar  vertebrae  until  the  spring  is  com- 
pressed to  %  of  its  unloaded  length. 

(3)  Position  the  dummy  in  an  upright  seated  position 
on  a  seat  as  indicated  in  Figure  No.  18  of  §  572.21 
(lower  legs  do  not  need  to  be  removed,  but  must  be 
clamped  firmly  to  the  seating  surface),  ensuring  that 
all  dummy  component  surfaces  are  clean,  dry  and  un- 
treated unless  otherwise  specified. 

(4)  Firmly  affix  the  dummy  to  the  seating  surface 
through  the  pelvis  at  the  hip  joints  by  suitable  clamps 
that  also  prevent  any  relative  motion  with  respect  to 
the  upper  legs  during  the  test  in  §  572.65(cX3)  of  this 
Part.  Install  a  pull  attachment  at  the  neck  to  torso  junc- 
ture as  shown  in  Figure  18  of  §  572.21. 

(5)  Flex  the  thorax  forward  50  degrees  and  then 
rearward  as  necessary  to  return  it  to  its  initial  position. 

(6)  Apply  a  forward  pull  force  in  the  midsagittal 
plane  at  the  top  of  the  neck  adapter  so  that  at  40 
degrees  of  the  lumbar  spine  flexion  the  applied  force 
is  perpendicular  to  the  thoracic  spine  box.  Apply  the 
force  at  any  torso  deflection  rate  between  0.5  and  1.5 
degrees  per  second  up  to  40  degrees  of  flexion  but  no 
further.,  maintain  40  degrees  of  flexion  for  10  seconds, 
and  record  the  highest  applied  force  during  that  time. 
Release  all  force  as  rapidly  as  possible  and  measure  the 
return  angle  three  minutes  after  release. 

S572.86    Test  conditions  and  dummy  adjustment. 

(a)  With  the  complete  torso  on  its  back  lying  on  a 
horizontal  surface  and  the  neck  assembly  mounted  and 
shoulders  on  the  edge  of  the  surface,  adjust  the  neck 
such  that  the  head  bolt  is  lowered  0.40  ±  0.05  inches 
(10  ±  1  mm)  after  a  vertically  applied  load  of  11.25 
pounds  (50  N)  applied  to  the  head  bolt  is  released. 

(b)  With  the  complete  torso  on  its  back  with  the  ad- 
justed neck  assembly  as  specified  in  §  572.66(a),  and 
lying  on  a  horizontal  surface  with  the  shoulders  on  the 
edge  of  the  surface,  mount  the  head  and  tighten  the 
head  bolt  and  nut  firmly,  writh  the  head  in  horizontal 
position.  Adjust  the  head  joint  at  the  force  between 
l-2g,  which  just  supports  the  head's  weight. 

(c)  Using  the  procedures  described  below,  limb  joints 
are  set  at  the  force  between  1-2  g,  which  just  supports 
the  limbs'  weight  when  the  limbs  are  extended  horizon- 
tally forward: 

(1)  With  the  complete  torso  lying  with  its  front  dowm 
on  a  horizontal  surface,  wath  the  hip  joint  just  over  the 
edge  of  the  surface,  mount  the  upper  leg  and  tighten 
hip  joint  nut  firmly.  Adjust  the  hip  joint  by  releasing 
the  hip  joint  nut  until  the  upper  leg  just  starts  moving. 


PART  572-PRE  106 


(2)  With  the  complete  torso  and  upper  leg  lying  with 
its  front  up  on  a  horizontal  surface,  with  the  knee  joint 
just  over  the  edge  of  the  surface,  mount  the  lower  leg 
and  tighten  knee  joint  firmly.  Adjust  the  knee  joint  by 
releasing  the  knee  joint  nut  until  the  lower  leg  just 
starts  moving. 

(3)  With  the  torso  in  an  upright  position,  mount  the 
upper  arm  and  tighten  firmly  the  adjustment  bolts  for 
the  shoulder  joint  with  the  upper  arm  placed  in  a 
horizontal  position.  Adjust  the  shoulder  joint  by  releas- 
ing the  shoulder  joint  nut  until  the  upper  arm  just  starts 
moving. 

(4)  With  the  complete  torso  in  an  upright  position 
and  upper  arm  in  a  vertical  position,  mount  the  fore- 
arm in  a  horizontal  position  and  tighten  the  elbow  hinge 
bolt  and  nut  firmly.  Adjust  the  elbow  joint  nut  until 
the  forearm  just  starts  moving. 

(d)  With  the  torso  assembled  in  an  upright  position, 
the  adjustment  nut  for  the  lumbar  vertebrae  is  tight- 
ened until  the  spring  is  compressed  to  %  of  its  unloaded 
length. 


(e)  Performance  tests  are  conducted  at  any  temper- 
ature from  66  to  78  degrees  F  and  at  any  relative 
humidity  from  10  percent  to  70  percent  after  exposure 
of  the  dummy  to  these  conditions  for  a  period  of  not 
less  than  four  hours. 

(f)  Performance  tests  of  the  same  component, 
segment,  assembly,  or  fully  assembled  dummy  are 
separated  in  time  by  a  period  of  not  less  than  20 
minutes  unless  otherwise  specified. 

(g)  Surfaces  of  the  dummy  components  are  not 
painted  except  as  specified  in  the  part  or  in  drawings 
incorporated  by  this  part. 

Issued  on  August  6,  1991. 


Jerry  Ralph  Curry 
Administrator 

56  F.R.  41077 
August  19,  1991 


PART  572-PRE  107-108 


PREAMBLE  TO  AN  AMENDMENT  TO  PART  572 
Anthropomorphic  Test  Dummies— 6- Year  Old  Child 

(Docket  No.  8903;  Notice  02) 
RIN  2127-AC09 


ACTION:    Final  rule. 

SUMMARY:  This  notice  establishes  specifications  for 
a  6-year-old  child  test  dummy  to  be  used  in  testing  re- 
straints (i.e.,  booster  seats)  for  older  children.  The 
6-year-old  dummy  is  instrumented  for  measuring  in- 
ertia! responses  due  to  impact  forces.  This  rule  sets  per- 
formance criteria  as  calibration  checks  to  assure  the 
repeatability  and  reproducibility  of  the  dummy's 
dynamic  performance.  NHTSA  believes  that  stand- 
ardizing the  dummy  used  to  test  booster  seats  will 
enable  NHTSA  and  the  child  passenger  safety  commu- 
nity to  evaluate  the  restraints  in  a  fuller  and  more  uni- 
form manner.  Adding  the  dummy  to  Part  572  is  a 
possible  first  step  toward  using  the  dummy  to  test  the 
compliance  of  booster  seats  and  other  types  of  child 
restraint  systems  with  Safety  Standard  213,  Child 
Restraint  Systems.  The  issue  of  using  the  dummy  in 
FMVSS  213  testing  will  be  explored  in  future 
rulemaking. 

EFFECTIVE  DATE:  The  incorporation  by  reference  of 
certain  publications  listed  in  the  regulations  is  approved 
by  the  Director  of  the  Federal  Register  as  of  May  12, 
1992. 

SUPPLEMENTARY  INFORMATION: 

This  notice  amends  Part  572,  Anthropomorphic  Test 
Diunmies,  to  establish  specifications  and  performance 
criteria  for  a  dummy  representing  a  6-year-old  child. 
Child  test  dummies  such  as  the  6-year-old  one  enable 
NHTSA  to  dynamically  test  child  restraint  systems  in 
a  manner  that  is  both  measurable  and  repeatable.  The 
6-year-old  dummy  will  help  NHTSA  and  the  child  pas- 
senger safety  community  test  restraints  for  older  chil- 
dren in  a  fuller  and  more  uniform  manner. 

NHTSA  already  has  two  child  dummies  specified  in 
Part  572  for  testing  child  restraint  systems.  The  two 
dummies,  a  6-month-old  and  a  3-year-old  child  dummy, 
are  used  to  dynamically  test  restraint  systems  to  the 
requirements  of  Federal  Motor  Vehicle  Safety  Stand- 
ard 213,  Child  Restraint  Systems  (49  CFR  §571.213; 
SS7.1,  7.2). 

Today's  final  rule  is  part  of  NHTSA's  effort  to  add 
to  the  child  dummies  specified  in  Part  572.  In  addition 


to  proposing  specifications  for  the  6-year-old  dummy, 
NHTSA  has  proposed  a  9-month-old  child  dummy  (54 
FR  52425;  December  21,  1989),  and  intends  to  propose 
a  newborn  infant  dummy.  NHTSA  plans  to  initiate 
rulemaking  on  the  desirability  of  amending  Standard 
213  to  specify  the  use  of  these  additional  diunmies  in 
compliance  tests.  Whether  and  how  to  proceed  with 
such  rulemaking  will  be  decided  after  NHTSA  adds  the 
new  dummies  to  Part  572. 

Summary  of  the  final  rule 

The  specifications  for  the  6-year-old  dummy  (com- 
mercially known  as  SA106C)  consist  of  a  drawing 
package  that:  shows  the  component  parts,  the  sub- 
assemblies, and  the  assembly  of  the  complete  dummy; 
defines  materials  and  material  treatment  processes  of 
all  the  dummy's  component  parts;  and  specifies  the 
dummy's  instrumentation  and  instrument  installation 
methods.  The  specifications  also  include  a  set  of  master 
patterns  for  all  molded  and  cast  parts  of  the  dummy. 
Those  patterns  make  possible  the  rapid  reproduction 
of  those  parts.  In  addition,  there  is  a  user's  manual  con- 
taining disassembly,  inspection,  and  assembly  proce- 
dures, and  a  dummy  drawing  list.  These  dravdngs  and 
specifications  ensure  that  the  dummies  will  vary  little 
from  each  other  in  their  construction. 

The  dummy  is  capable  of  being  instrumented  with 
accelerometers  for  measurement  of  accelerations  in  the 
head  and  chest  during  dynamic  testing.  The  rule  speci- 
fies the  manner  and  location  of  instrumentation  instal- 
lation to  reduce  variability  in  measurements  resulting 
from  differences  in  location  and  mounting.  In  addition, 
the  rule  has  provisions  for  mounting  load  cells  in  the 
femurs  to  measure  impact  forces  transmitted  through 
the  knees. 

Impact  performance  criteria  serve  as  calibration 
checks  and  further  assure  that  the  dummy  is  appropri- 
ately assembled,  adjusted,  and  instrumented  for  repeat- 
able  impact  response.  The  dummies  are  equipped  with 
photographic  targets  attached  to  the  head  and  knees  to 
facilitate  the  recording  of  its  kinematic  motions. 

Drawings  and  specifications  for  the  dimimy  are  avail- 
able for  examination  in  Docket  78-09  in  NHTSA's 
Docket  Section.  Copies  of  those  materials  and  the 
user's  manual  can  be  obtained  from  Reprographic 


PART  572-PRE  109 


Technologies,  1111  14th  Street,  N.W.,  Washington, 
D.C.  20005;  (202)  628-6667  or  (202)  408-8789.  In  addi- 
tion, patterns  for  all  cast  and  molded  parts  are  availa- 
ble for  loan  from  NHTSA's  Office  of  Vehicle  Safety 
Standards. 

Background 

NHTSA  published  a  notice  of  proposed  nzJemaking 
(NPRM)  for  the  6-year-old  dummy  on  April  6,  1989  (54 
FR  13901).  The  agency  explained  in  the  NPRM  that 
the  proposed  test  dummy  is  based  on  a  Humanoid  Sys- 
tems (now  First  Technologies,  Inc.)  6-year-old  child 
dummy.  The  proposed  dummy  was  chosen  over  other 
available  test  dummies  that  represent  a  6-year-old 
child:  the  Alderson  Research  Laboratories  dummy,  the 
Sierra  Engineering  dummy,  and  the  TNO  P-6  dummy 
used  by  Economic  Commission  for  Europe  (ECE)  coun- 
tries. These  dummies  were  evaluated  by  NHTSA  and 
found  unsuitable  for  the  reasons  fully  discussed  in  the 
NPRM. 

The  agency  determined  that  the  SA106C  dummy, 
which  in  general  concept  is  a  reduced  version  of  the 
50th  percentile  Hybrid  II  test  dummy  (referenced  in 
49  CFR  Part  572,  Subpart  B),  was  suitable  as  produced 
by  its  manufacturer  in  most,  but  not  all,  aspects.  For 
example,  the  anthropometric  measurements  compared 
well  with  a  50th  percentile  6-year-old  child.  However, 
NHTSA  foimd  that  the  dummy's  head,  neck,  chest  and 
lumbar  spine  needed  some  minor  modifications  to  give 
more  human-like  (biofidelic)  responses  diuing  dynamic 
tests.  At  the  request  of  NHTSA,  Humanoid  adjusted 
the  dummy  and  made  some  minor  modifications  to 
achieve  the  sought-after  dynamic  impact  responses. 

The  agency  issued  the  proposal  because  NHTSA  be- 
lieved a  standardized  6-year-old  dummy  is  necessary 
to  obtain  better  information  about  the  protection  af- 
forded by  child  restraints  to  an  under-examined  child 
age/size  group.  Having  a  series  of  child  dummies 
representing  a  fuller  range  of  ages/sizes  is  important 
because  the  ability  of  a  restraint  to  protect  a  child 
depends  in  part  on  the  size  of  that  child.  A  child 
restraint  is  designated  by  its  manufacturer  as  being 
suitable  for  use  by  children  of  particular  specified  sizes 
and  weights.  For  example,  an  infant  seat  may  be  desig- 
nated for  newborns  to  about  20  poimds;  a  convertible 
seat,  from  birth  to  about  40  pounds;  and  a  booster  seat, 
from  about  40  to  60  pounds.  Booster  seats  are  com- 
monly tested  with  the  3-year-old  (33  pounds)  test  dum- 
my, because  that  dummy  is  the  larger  of  the  two 
dummies  currently  specified  in  Part  572.  While  booster 
seats  are  useful  for  restraining  children  who  have  out- 
grown a  convertible  or  toddler  seat  but  who  cannot  be 
properly  restrained  by  the  vehicle's  belts,  not  enough 
is  known  about  the  ability  of  all  booster  seats  and  other 
designated  restraint  systems  to  provide  adequate  crash 
protection  to  children  older  and  larger  than  a 
3 -year-old. 


This  rulemaking  responds  in  part  to  the  desire  ex- 
pressed through  the  years  by  the  safety  commimity  for 
the  agency  to  explore  the  issues  concerning  the  pro- 
tection of  these  older  children.  In  a  1986  Standard  213       ^ 
rulemaking,  commenters  voiced  the  concern  that  the       w 
shields  on  shield-type  booster  seats  were  too  small  to       V 
protect  an  older  child's  head  and  upper  body  in  a  crash. 
In  a  final  report  issued  in  1988,  the  agency  reported 
results  of  dynamic  tests  of  short-shield  booster  seats. 
The  test  data  showed  that  when  the  seats  were  tested 
with  a  6-year-old  dummy,  some  performance  measure- 
ments exceeded  the  maximum  values  permitted  by 
Standard  213  for  restraints  tested  with  the  3-year-old 
dummy.  ("Evaluation  of  the  Performance  of  Child  Re- 
straint Systems,"  DTNH22-82-A-47046.) 

The  need  for  testing  child  restraints  with  child  sur- 
rogates representing  lower,  middle  and  upper  weight 
ranges  was  a  concern  echoed  in  1988  at  two  public 
meetings  on  child  passenger  safety.  (See  53  FR  24934, 
June  28,  1988,  and  Docket  88-11.)  A  number  of  com- 
menters suggested  that  the  surrogates  would  en- 
courage the  development  of  child  restraint  systems  that 
safely  perform  for  the  largest  practical  range  of 
weights.  NHTSA  issued  the  April  1989  proposal  in  the 
belief  that  specifying  a  6-year-old  dummy  is  a  step  in 
that  direction. 

Comments  on  the  NPRM 

NHTSA  received  comments  on  the  proposal  from 
Chrysler  Motors,  the  Insurance  Institute  for  Highway  . 
Safety,  General  Motors  Corporation  (GM),  Ford  Motor  w 
Company,  and  Volvo  Cars  of  North  America.  All  the 
commenters  generally  supported  establishing  specifi- 
cations for  a  6-year-old  child  test  dummy  for  testing 
child  seats.  However,  Ford  and  GM  expressed  concerns 
about  particular  aspects  of  the  proposed  NHTSA/ 
Humanoid  dummy. 

After  reviewing  the  comments  on  the  NPRM, 
NHTSA  conducted  additional  sled  and  component  test- 
ing of  the  test  dummy  to  address  the  issues  raised  in 
the  comments.  ("Technical  Support  to  the  Six- Year-Old 
Dummy  NPRM,  VRTC-80-0161,  October  1990.")  This 
notice  refers  to  these  additional  tests  as  the  "post- 
NPRM"  tests.  Six  sled  tests  were  performed  using  the 
specified  dummy  restrained  in  two  types  of  booster 
restraint  systems.  The  boosters  were  designed  for  use 
with  either  the  vehicle's  three-point  belt  system  or  lap- 
belt  only.  A  number  of  dummy  components  were  also 
tested,  including  necks,  lumbar  spines  and  abdominal 
inserts.  This  final  rule  is  based  on  the  data  discussed 
in  the  NPRM,  data  and  information  submitted  in  the 
comments,  and  data  from  the  post-NPRM  sled  and 
component  test  program. 

Biofidelity 

Ford  and  GM  believed  that  the  NHTSA/Humanoid 
dummy  lacks  biofidelity.  (Biofidelity  refers  to  how  well       \ 
a  test  dummy  duplicates  the  responses  of  a  human  in       ^ 


PART  572-PRE   110 


an  impact.)  GM  said  that  it  obtained  two  Humanoid 
6-year-old  dummies  in  1987  that  had  the  same  basic 
design  as  the  NHTSA/Humanoid  dummy.  GM  said 
that,  based  on  its  tests  of  one  of  the  dummies  in  belt 
restraint  systems  and  on  "the  dummy's  development 
history,"  the  dummy  lacks  a  reasonable  and  appropri- 
ate level  of  biofidelity.  GM  believed  that  the  dummies 
upon  which  the  NHTSA/Humanoid  dummy  is  based, 
the  Hybrid-II  and  the  3-year-old  dummy  (49  CFR  Part 
572,  Subparts  B  and  C),  lack  sufficient  biofidelity.  GM 
also  said  there  were  "inherent  limitations  of  the  dum- 
my design  that  limited  the  benefit  of  the  information 
the  dummy  provided  in  testing."  The  commenter  said 
that  the  dummy's  pelvis  hindered  assessment  of  a 
child's  "submarining"  out  of  a  child  restraint,  because 
the  pelvis  design  is  that  of  a  standing  child.  (Submarin- 
ing refers  to  a  child  sliding,  feet  first,  forward  and  un- 
der a  restraining  belt  during  a  crash.)  In  addition,  GM 
said  that  the  dummy  is  "not  sophisticated  enough  to 
permit  other  important  injury  assessment  (e.g.,  neck 
injury)." 

Ford  was  concerned  about  the  dummy's  thorax  and 
neck.  Ford  said  that  the  proposed  thorax  limitation  of 
60  g's  is  based  on  repeatability  and  reproducibility 
studies  rather  than  on  biomechanical  data  from  chil- 
dren. The  commenter  said  that  the  dummy's  ribs  were 
not  designed  to  account  for  the  lower  stiffness  that 
child  ribs  have  compared  to  an  adult.  Ford  believed  the 
dummy's  neck  lacks  biofidelity  because  the  neck  is 
scaled  from  the  neck  of  the  Hybrid-II  dummy,  which. 
Ford  believes,  is  not  himian-like.  The  commenter  said 
that  "the  lack  of  child-like  biofidelity  would  result  in 
incorrect  dummy  head  excursions  and  overall  dummy 
kinematics,  which  could  lead  to  chUd  restraint  system 
designs  which  met  excursion  criteria  for  the  dummy, 
but  were  not  protective  of  children." 

Based  on  their  belief  that  the  NHTSA/Humanoid 
dummy  is  not  sufficiently  human-like.  Ford  and  GM 
suggested  that  the  dummy  should  be  discarded  in  favor 
of  a  new  6-year-old  child  dimimy  that  is  being  developed 
at  Ohio  State  University  (OSU).  The  OSU  dummy  is 
based  on  the  Hybrid-Ill  50th  percentile  adult  male 
dummy,  which  Ford  and  GM  believed  has  a  better 
biomechanical  basis  for  its  frontal  impact  responses 
than  the  Hybrid-II  dummy.  Ford  said  that  OSU  has  im- 
proved the  biofidelity  of  the  child  dummy's  thorax  by 
established  scaling  techniques  from  the  50th  percen- 
tile adult  male  Hybrid-Ill  dummy.  With  respect  to  the 
neck,  the  commenter  said  that  the  response  of  the 
Hybrid-Ill  neck  is  closer  to  himian  neck  response  than 
is  the  Hybrid-II  neck.  Ford  and  GM  suggested  that 
NHTSA  should  delay  adding  specifications  for  a  6-year- 
old  child  dummy  until  the  OSU  program  is  completed 
and  the  Hybrid-Ill  child  dummy  is  evaluated. 

NHTSA  believes  that  the  proposed  SA106C  dummy 
is  an  appropriate  chUd  surrogate  for  establishing  the 
adequacy  of  a  designated  restraint.  GM  objected  to  the 
dummy  because  the  surrogate's  design  specifications 


and  performance  requirements  are  similar  in  type  to 
the  Part  572  3-year-old  dummy.  GM  expressed  a  gen- 
eral objection  to  the  3-year-old  dummy,  stating  that 
"the  history  of  [that  dummy's]  development  indicates 
to  us  that  it  also  lacked  biofidelity...,"  without  elaborat- 
ing on  the  statement.  By  way  of  background  informa- 
tion, the  agency  notes  that  Humanoid  based  the 
development  of  specifications  for  the  SA106C  dummy 
on  those  of  the  3-year-old  dummy,  and  also  integrated 
the  best  available  anthropometric,  mass  distribution 
and  motion  range  data  appropriate  for  that  age  popu- 
lation. The  impact  responses  take  into  account  the 
larger  masses  and  longer  limbs  of  a  6-year-old,  and  the 
differences  in  neck  and  spine  stiffness  and  in  the  mass 
to  stiffness  ratio  of  the  thorax.  The  specifications  for 
the  SA106C  dummy  also  adjust  the  head  skin  and  flesh 
relative  to  the  mass  of  the  skull  to  produce  the  required 
impact  response. 

The  agency  believes  the  3-year-old  child  dummy  was 
an  appropriate  starting  base  for  the  6-year-old  dum- 
my. The  3-year-old  dimimy  has  been  considered  a  valid 
child  surrogate  for  child  restraint  testing  for  over  a 
decade.  GM  did  not  provide  any  information  to  support 
its  claim  that  the  3-year-old  dummy  lacks  biofidelity 
or  is  otherwise  inadequate  for  the  evaluation  of  chDd 
restraint  systems. 

The  accelerometers  in  the  head  and  chest  of  the 
SA106C  are  of  the  same  class  as  in  the  head  and  chest 
of  the  3-year-old.  NHTSA  does  not  know  of  any  rea- 
son why  the  injury  assessment  parameters  recorded 
by  the  3-year-old  child  surrogate  would  be  inappropri- 
ate for  the  6-year-old  dummy.  The  design  of  the 
SA106C  dummy,  by  virtue  of  having  correct  an- 
thropometry, mass  distribution  and  correct  motion 
ranges  between  body  segments,  ensures  that  the  dum- 
my will  load  the  system  as  a  6-year-old  child  would,  with 
appropriate  inertial  forces  and  in  proper  kinematic  se- 
quence. If,  in  a  crash  test,  the  specified  injury  limits 
were  exceeded,  it  would  be  reasonable  to  assume  that 
the  6-year-old  dummy  loaded  the  restraint  system  with 
enough  severity  to  injure  a  real  world  child  occupant. 

The  accelerometer  data  provide  useful  information 
on  how  the  restraint  system  responds  to  impact  load- 
ing. In  the  post-NPRM  dynamic  tests,  the  dummy 
showed  an  excellent  ability  to  correlate  excessive  head 
excursions  and  high  Head  Injury  Criterion  (HIC) 
values.  See  Table  13  of  VRTC-80-0161,  October  1990. 

Ford  and  GM  might  be  correct  that  the  Hybrid-Ill 
type  6-year-old  dummy  (which  has  yet  to  be  completed 
and  evaluated)  might  eventually  have  potential  advan- 
tages over  the  NHTSA/Humanoid  dummy  in  the  num- 
ber of  parameters  the  dummies  can  measure.  However, 
NHTSA  does  not  believe  that  this  nilemaking  should 
be  delayed  to  further  consider  the  potential  advantages 
of  future  dummies.  The  SA106C  dummy's  ability  to 
measure  HIC,  chest  acceleration  and  femur  loads,  and 
its  ability  to  replicate  the  impact  motions  and  excur- 


PART  572-PRE  111 


sions  of  a  child  in  a  crash  are  sufficient  to  provide  valid 
assessment  of  the  injury  potential  of  child  restraint  sys- 
tems in  a  reliable  manner.  Since  the  SA106C  dummy 
is  ready  now,  and  a  final  rule  specifying  the  dummy 
will  help  improve  safety,  the  agency  believes  it  is 
appropriate  to  proceed  with  adding  the  dummy  to  Part 
572.  NHTSA  intends  to  evaluate  the  Hybrid-Ill  type 
6-year-old  dummy  after  the  dummy's  design  and 
development  are  completed  and  the  dummy  is  commer- 
cially available. 

Repeatability 

Ford  commented  that  the  test  report  referenced  in 
the  NPRM  appeared  to  show  that  the  NHTSA/ 
Humanoid  dummy  provides  repeatable  results  in  sled 
and  calibration  tests.  (Repeatability  refers  to  the 
reproduction  of  impact  responses  for  the  same  dum- 
my.) However,  Ford  said  that  some  of  the  sled  test  head 
and  chest  data  have  pulse  shapes  that  are  not  "unimo- 
dal."  ("Unimodal"  refers  to  an  acceleration-time  curve 
that  has  only  one  prominent  peak  and  a  smooth  tran- 
sition from  initiation  of  acceleration  to  peak  and  from 
peak  to  end  of  acceleration.  Sharp,  extremely  short- 
time  signal  disturbances  in  the  curve  are  called 
"spikes."  A  unimodal  curve  suggests  a  single  causa- 
tive force  acting  on  the  dummy's  head,  while  the 
presence  of  a  spike(s)  superimposed  on  a  unimodal 
curve  may  suggest  the  possibility  of  either  multiple 
forces  acting  on  the  head,  or  other  types  of  data  dis- 
tortions. Some  of  the  distortions  may  be  caused  by  non- 
crash  events,  such  as  electrical  interferences,  static  dis- 
charges, amplifier  missettings,  overloaded  sensors,  etc. 
They  also  may  be  of  mechanical  origin.  These  non-crash 
spikes,  if  they  occur  during  the  crash  event  and  can- 
not be  removed  by  appropriate  filtering,  may  compli- 
cate the  dummy's  ability  to  provide  useful  data.) 

Ford  asked  whether  the  spikes  it  had  noted  in  the 
data  were  noise,  or  whether  they  were  caused  by  a 
crash  event.  NHTSA  conducted  12  sled  tests  in  the 
post-NPRM  program  to  study  the  acceleration-time 
curves.  In  impacts  of  a  3-point  belt  restrained  dummy, 
spikes  occurred  in  the  head  and  chest  acceleration  sig- 
nals in  the  64  to  68  millisecond  range,  and  were  caused 
by  the  dummy's  chin  impacting  the  chest.  Chin  to  chest 
impacts  have  also  been  observed  with  the  Part  572 
adult  dummies.  The  spike  in  the  6-year-old  dummy  data 
raised  the  Head  Injury  Criterion  (HIC)  value  only  by 
about  30  points  in  an  average  response  of  approxi- 
mately 500  HIC.  The  chest  response  was  not  affected 
by  this  small  impact  response  distortion. 

The  agency  does  not  believe  that  the  spikes  caused 
by  the  chin  to  chest  impacts  negatively  affect  the  dum- 
my's usefulness  as  a  child  restraint  system  test  device. 
The  chin-to-chest  contacts  only  occurred  with  3-point 
belts,  and  not  with  booster  seats  and  other  child  res- 
traint systems.  Moreover,  even  with  3-point  belt  sys- 
tems, the  spike  appears  to  be  of  negligible  consequence 


because  it  increases  what  seems  to  be  relatively  low 
HIC  numbers  by  only  a  small  amount.  Of  course,  the 
agency  will  take  appropriate  action  to  address  problems 
with  the  data  spikes  if  they  occur  and  are  critical  in 
the  resolution  of  the  problem.  i 

Reproducibility 

GM  said  that  it  did  not  conduct  performance  calibra- 
tion tests  on  its  second  dummy  to  evaluate  reproduci- 
bility. ("Reproducibility"  refers  to  the  variation  of 
dummy  responses  among  different  dummies.) 
However,  GM  asked  about  apparent  "larger  than 
desirable. .  .dispersions  in  some  of  the  dummy-to- 
dummy  performance  measurement  comparisons"  that 
the  commenter  noted  in  a  report  referenced  in  the 
NPRM.  ("Establishment  of  the  Repeatability  of  Per- 
formance of  the  Six-Year  Old  Child  Test  Dummies," 
DOT  HS  806-741,  September  1984.)  GM  said  that  the 
report  shows  that  some  coefficients  of  variation  were 
greater  than  10  percent. 

The  data  in  question  were  generated  when  NHTSA 
tested  four  test  dummies.  The  data  showed  that  the 
results  for  five  dummy  parameters  (head  acceleration, 
chest  acceleration,  femur  load,  neck  bending,  and  lum- 
bar spine  bending)  were  reproducible  within  11.6  per- 
cent. As  noted  in  the  NPRM,  those  test  results  compare 
favorably  with  the  performance  of  the  3-year-old 
dummy  and  adult  Part  572  Subpart  B  dummy.  NHTSA 
believes  the  11.6  percent  variability  is  within  the 
acceptable  bounds  of  performance  of  other  dummies.  . 

NH'TSA  also  expects  the  variability  to  improve  once         r 
the  dummy  is  built  in  volume  from  production  tooling. 

Calibration  procedures 

Head/neck.  GM  said  that  the  procedure  for  locating 
the  test  probe  relative  to  the  impact  point  on  the 
dummy  forehead  should  be  clarified,  because  as  writ- 
ten, the  probe  contacts  the  dummy's  nose  and  not  its 
forehead. 

The  agency  agrees.  GM's  comment  was  confirmed 
in  NHTSA's  post-NPRM  testing.  The  impactor  loca- 
tion problems  were  caused  by  conflicts  in  definitions 
of  the  "Z"  axis  (inferior-superior)  of  the  dummy's  head. 
In  one  section  of  the  NPRM  (§572.52(cX2Xi)),  the  Z  axis 
was  described  as  the  longitudinal  centerline  of  the  skull 
anchor,  while  in  another  (Figure  6C-1  in  the  NPRM, 
now  Figure  40),  it  was  described  as  the  tangent  line 
between  the  dummy's  back  and  the  buttocks,  in  the 
transverse  vertical  plane.  The  head  test  procedure  calls 
for  the  test  probe  to  be  adjusted  so  that  its  longitudi- 
nal centerline  is  2.8  ±0.1  inches  below  the  top  of  the 
head  measured  along  the  Z  axis.  When  the  probe  is 
positioned  according  to  the  first  definition  of  the  Z  axis, 
the  probe  contacts  the  bridge  of  the  dummy's  nose  be- 
fore it  hits  the  forehead. 

The  agency  believes  the  problem  will  be  corrected         ' 
by  slight  revisions  to  the  procedure.  The  probe  is 


PART  572-PRE  112 


properly  positioned  using  the  Z  axis  described  in  Figure 
40.  Accordingly,  NHTSA  has  removed  the  words  "lon- 
gitudinal center  line  of  the  skujl  anchor"  from 
S572.72(cX2Xi).  (§572.52  of  the  NPRM.)  Further,  the 
impact  location  is  changed  from  2.8  ±  0.1  to  2.7  ±  0.1 
inches  below  the  top  of  the  head.  Also,  §572.52(cX3) 
of  the  NPRM  has  been  removed.  That  section  had  speci- 
fied that  the  dummy  should  be  adjusted  "so  that  the 
surface  area  of  the  forehead  immediately  adjacent  to 
the  projected  longitudinal  center  line  of  the  test  probe 
is  vertical."  If  the  dummy  is  not  adjusted,  the  head  is 
forward  about  15  degrees,  which,  together  with  the 
other  changes  to  the  dummy's  positioning  and  the  test 
procedure,  ensures  probe  contact  with  the  forehead  and 
not  the  nose. 

As  mentioned  above,  GM  said  that  there  was  varia- 
tion in  the  pendulum  pulse  for  the  head-neck  calibra- 
tion procedure.  GM  said  that  the  ability  to  decelerate 
the  pendulum  on  which  the  head/neck  assembly  is 
mounted  appears  to  depend  on  the  number  of  alumi- 
num hexcel  cells.  GM  believed  that  the  proper  deceler- 
ation pulse  could  be  obtained  most  of  the  time,  but  not 
every  time  using  27  cells.  GM  suggested  NHTSA 
improve  the  consistency  of  obtaining  the  specified 
deceleration. 

In  response  to  this  comment,  NHTSA  tested  six 
head-neck  assemblies  in  the  post-NPRM  program.  Ex- 
cept for  the  decaying  portion  of  the  acceleration-time 
curve  (T4-T3),  all  tests  showed  the  pendulum  crush  pulse 
to  be  highly  repeatable.  The  agency  could  not  improve 
the  T4-T3  portion  of  the  curve,  because  T4-T3  is  not  con- 
trolled by  either  the  type,  number  of  cells  or  thickness 
of  the  hexcell.  However,  the  agency  believes  that  al- 
lowing for  more  time  to  get  from  T4  to  T3— from  "not 
more  than  4  milliseconds  (ms)"  to  "not  more  than  6 
ms"— would  address  the  problem  of  the  repeatability 
of  the  deceleration  rate.  In  all  of  NHTSA's  tests,  T4-T3 
was  not  more  than  6  ms.  The  agency  does  not  believe 
that  the  change  would  have  any  significant  effect  on 
the  rotation  of  the  neck  because  at  time  T3,  nearly  all 
of  the  pendulum's  forward  translational  motion  has 


In  its  comment,  GM  said  that  its  dummy  did  not  meet 
the  proposed  peak  neck  rotation  requirement,  and  sur- 
mised that  this  was  because  the  dummy's  neck  may 
have  stiffened  with  age. 

In  NHTSA's  post-NPRM  program,  the  agency  found 
that  most  of  the  necks  rotated  less  than  the  amount 
that  had  been  specified  in  the  NPRM.  However,  the 
agency  does  not  want  to  specify  more  flexibility  of  the 
neck  because  a  more  flexible  neck  would  increase  the 
frequency  of  the  dummy  head-to-chest  impacts  in  dy- 
namic tests.  Instead,  the  agency  has  changed  the  neck 
rotation  criteria  to  better  reflect  the  actual  perfor- 
mance of  the  dummy's  neck.  Accordingly,  the  peak  ro- 
tation angle  is  changed  from  83  ±  6  to  78  ±  6  degrees, 
and  the  time  specified  to  reach  60  degrees  of  rotation 
is  changed  from  39  ±  5.1  to  44  ±  5  milliseconds. 


Thorax  assembly.  GM  said  that  its  dummy  did  not 
meet  the  proposed  lateral  acceleration  limit  of  5g  for 
the  thorax  assembly  in  pendulum  tests.  GM  believed 
that  the  inability  was  due  to  resonances  in  the  thorax 
lateral  accelerometer.  (A  resonance  is  a  natural  vibra- 
tional state  of  a  system  or  a  subsystem  (e.g.,  an  ac- 
celerometer mount),  that  can  magnify  the  acceleration 
readings  of  the  test  dummy  and  thus  prevent  accurate 
measurement  of  true  accelerations.) 

NHTSA  found  in  its  post-NPRM  testing  that  there 
was  evidence  of  resonance  in  the  lateral  accelerometer 
signal.  However,  the  resonance  was  not  great  enough 
to  cause  the  lateral  acceleration  to  exceed  5g,  after 
being  filtered  to  channel  class  180.  Nevertheless,  the 
agency  decided  to  further  minimize  the  effects  of 
resonance  by  use  of  a  0.25  inch  thick  pad  of  Ensolite 
AL  material  placed  between  the  dummy's  chest  flesh 
and  sternum,  which  is  used  routinely  in  other  Part  572 
dummies.  A  specification  for  the  pad  has  been  added 
to  the  drawings  for  the  dummy. 

The  Ensolite  pad  reduced  the  lateral  accelerometer 
ringing  problem  to  well  below  the  specified  5g  response 
limit.  NHTSA  also  determined  that  the  pad  had  the  ef- 
fect of  decreasing  the  dummy's  peak  resultant  spine 
accelerations  from  an  average  of  55g  to  48g,  with  a 
coefficient  of  variation  of  5.4  percent.  In  accordance 
with  that  change  in  performance,  the  agency  has  ad- 
justed specifications  for  the  peak  resultant  accelera- 
tions from  the  50g-60g  range,  to  not  less  than  43g  and 
not  more  than  53g. 

Femurs.  GM  said  that  its  dummy  generally  met  the 
proposed  femur  force  calibration  performance  specifi- 
cations. However,  GM  noted  that  in  one  of  its  initial 
tests  of  a  femur,  the  force  recorded  was  below  the  mini- 
mum proposed  in  the  NPRM.  In  subsequent  tests,  the 
force  recorded  was  higher,  within  the  proposed  cor- 
ridor. GM  believed  that  the  low  impact  response  value 
in  the  first  test  was  caused  by  excessive  clearance  (a 
loose  fit)  between  the  load  cells  and  the  bolts  that  at- 
tach the  load  cells  to  the  femurs.  GM  believed  that  the 
first  impact  that  had  resulted  in  the  low  response  value 
may  have  closed  up  the  clearance,  which  accounted  for 
the  higher  values  in  the  subsequent  tests.  GM  sug- 
gested that  using  shoulder  bolts,  rather  than  straight 
shank  bolts  with  threads  cut  all  the  way  to  the  bolt 
head,  may  remove  some  of  the  clearance  and  produce 
more  consistent  results. 

The  agency  has  not  experienced  the  "clearance" 
effects  in  its  own  tests  and  doesn't  believe  the  rule  need 
to  require  the  use  of  special  design  bolts.  If  low  femur 
values  are  widely  recorded  in  the  future,  and  if  correct- 
ing those  values  with  a  second  impact  is  determined 
to  be  imdesirable  or  ineffective,  NHTSA  will  consider 
the  appropriateness  of  specifying  the  above  noted 
shoulder  bolts. 


PART  572-PRE  113 


Lumbar  spine  and  abdomen.  Ford  believed  a  com- 
plex lumbar  spine  calibration  test  is  unnecessary  to 
measure  the  flexion  torque.  Ford  argued  that  the  spine 
can  vary  considerably  in  stiffness  without  having  a  sig- 
nificant effect  on  the  kinematics  of  the  dummy's  head 
and  chest  because  bending  moments  imposed  by  these 
components  during  impact  are  considerably  larger  than 
those  measured  in  quasi-static  testing.  Ford  recom- 
mended that  the  rule  specify  a  simple  bench  test  of  the 
spine  assembly,  in  which  the  assembly  is  rotated  in  90 
degree  increments  and  a  moment  is  applied  to  the  as- 
sembly by  applying  a  force  at  the  end  of  an  arm.  "This 
would  ensure  that  the  spine  has  neither  internal  struc- 
tural cracks  nor  excessive  deviations  from  nominal 
characteristics." 

The  agency  believes  the  proposed  lumbar  spine  stiff- 
ness test  should  be  retained  in  the  rule.  The  importance 
of  differences  in  spine  stiffness  on  a  dummy's  bending 
kinematics  is  probably  reduced  when  the  spine  is  sub- 
jected to  the  considerable  forces  generated  by  the  head 
and  chest  in  a  crash  test.  However,  NHTSA  has  ob- 
served that  spine  stiffness  is  important  to  enable  the 
dummy  to  sit  properly  upright  during  its  set-up  with 
the  car  seat  and  also  during  the  instant  prior  to  impact. 
The  stiffness  requirement  would  make  the  dummy 
easier  to  use  in  the  laboratory  in  a  uniform  manner. 
Also,  NHTSA  has  observed  that  spine  stiffness  is  im- 
portant for  controlling  the  rotational  kinematics  around 
the  vertical  axis  of  the  dummy's  upper  torso  relative 
to  the  lower  torso.  Thus,  a  spine  stiffness  test  would 
help  ensure  consistency  in  rotational  kinematics  in 
dynamic  tests,  which  may  have  a  positive  effect  on  the 
dummy's  overall  repeatability  and  reproducibility. 

The  spine  stiffness  test  procedure  proposed  in  the 
NPRM  is  based  on  the  lumbar  spine,  abdomen  and  pel- 
vis specifications  for  the  already  existing  3-year-old 
child  dummy  (49  CFR  §572.19).  Since  NHTSA  is  not 
aware  that  the  test  is  unduly  burdensome  or  problem- 
atic for  the  3-year-old,  the  agency  has  adopted  that  test 
procedure  also  for  the  SA106C  dummy. 

GM  suggested  that  the  abdominal  insert  should  be 
softer  than  the  proposed  insert  to  allow  the  dummy  to 
bend  more.  However,  GM  did  not  provide,  and  NHTSA 
is  not  aware  of,  any  information  showing  the  superi- 
ority of  one  level  of  abdominal  softness  over  another. 

The  design  of  the  abdominal  insert  and  the  material 
selection  are  based  on  the  Hybrid-H  dimimy.  The  in- 
sert's purpose  is  to  fill  the  space  between  the  ribcage 
and  the  pelvic  bone  vvith  a  reasonably  flexible  medium, 
that  would  provide  some  support  for  the  belt  system, 
help  retain  the  alignment  between  upper  and  lower 
halves  of  the  torso,  and  provide  the  least  resistance  to 
flexion  between  the  two  torso  halves  around  the  lum- 
bar spine.  The  proposed  abdominal  insert  meets  those 
goals. 

Foot  support.  During  dummy  calibration  tests, 
NHTSA  observed  that  the  12.7  inches  floor  plane  was 


too  low  to  support  the  feet  of  the  seated  dummy  as 
specified  in  Figure  44  (Figure  6C-4  in  the  NPRM).  To 
assure  that  the  dummy's  feet  rest  on  the  floor  as  speci-       ^ 
fied  in  the  calibration  procedure,  the  floor  plane  ele-        v 
vation  is  changed  to  11  inches. 

Instrumentation.  Ford  suggested  that  NHTSA 
modify  the  specifications  for  the  dummy's  accelero- 
meters  to  make  them  "comparable  to  the  specifications 
for  the  Hybrid-H  and  Hybrid-HI  accelerometers."  The 
proposed  specifications  call  for  a  two-arm  piezoresis- 
tive  bridge  in  the  accelerometer,  which  Ford  said  would 
be  incompatible  with  the  Ford  On-board  Data  Acquisi- 
tion System.  Ford  suggested  that  the  rule  specify  a 
four-arm  bridge,  to  facilitate  compatibility  with  the 
Ford  system. 

NHTSA  declines  to  make  the  suggested  changes,  in 
order  to  avoid  further  complications  of  the  already  very 
complex  accelerometer  and  instrumentation  specifica- 
tions issues.  All  of  the  agency's  evaluations  of  the 
SA106C  dimimy  were  carried  out  with  the  designated 
accelerometer  system.  Further,  given  that  the  same 
sensors  are  specified  for  use  in  the  Part  572  3-year- 
old  dummy,  NHTSA  knows  that  the  designated  sen- 
sors will  perform  satisfactorily  in  dynamic  tests.  It  is 
unclear  why  Ford  would  experience  hardship  with  the 
accelerometer  system  for  the  6-year-old  when,  to  the 
agency's  knowledge,  Ford  does  not  have  a  problem 
with  the  same  sensor  system  specified  for  the  3-year-  / 
old  child  dummy.  The  agency  also  points  out  that  a  V 
manufacturer  may  use  a  different  sensor  system  if  it 
so  chooses.  K  in  fact  the  manufacturer's  preferred  sys- 
tem produces  the  same  test  results  as  the  specified  sys- 
tem, as  is  the  case  for  the  four-arm  versus  two-arm 
bridge  systems,  there  appears  to  be  no  compelling  need 
to  specify  the  manufacturer's  preferred  systems  in  the 
regulation. 

Other  Issues 

Anthropometry  Values.  Ford  noted  that  the  an- 
thropometric values  provided  in  Safety  Standard  208, 
Occupant  Crash  Protection  (49  CFR  571.208)  for  a 
6-year-old  child  differ  slightly  from  the  values  provided 
in  the  NPRM  for  the  NHTSA/  Humanoid  dummy.  Ford 
believed  the  values  should  be  consistent  to  avoid 
confusion. 

The  commenter  is  correct  that  there  are  small  differ- 
ences in  the  hip  breadth,  hip  circumference  and  waist 
circumference  measurements  provided  in  the  NPRM 
and  in  Standard  208.  The  NPRM  dimensions  (hip  cir- 
cumference smaller  by  1.8  inches,  waist  by  0.7  inches) 
generally  specify  a  slightly  more  slender  dummy  torso. 
NHTSA  plans  to  update  the  Standar'^  "^08  dimensions 
in  a  separate  rulemaking.  a 

Pelvis.  NHTSA  concurs  wit 
NHTSA/Humanoid  dummy's  pelvif 
realistically  assess  the  submarinir 


PART  572-PRE  114 


belt-^rstem.  This  is  because  there  is  a  gap  at  the  pelvis- 
femur  juncture  into  which  the  lap  belt  can  wedge.  The 
agency  does  not  believe  the  gap  will  be  a  problem  for 
testing  child  restraints,  because  shield-type  restraints 
and  "Y"  harnesses  do  not  wedge  into  the  gap.  For  those 
restraint  systems  that  use  lap  belts  or  three-point  belt 
restraints  to  contain  the  child  dummy,  an  apron-like 
shield  covering  the  gap  can  be  used  to  prevent  the  lap 
belt  from  becoming  wedged  into  the  pelvis-femur  gap. 

Air  bag  and  pedestrian  safety.  Ford  believed  that 
the  SA106C  dummy  should  not  be  used  to  evaluate  the 
performance  of  passenger  air  bag  systems  because  the 
dummy  is  not  sensitive  enough  to  detect  forces  that 
could  harm  a  child.  The  commenter  believed  that  the 
Hybrid-Ill  based  dummy  would  also  lack  specialized  in- 
strumentation needed  to  evaluate  the  performance  of 
air  bag  systems.  The  commenter  also  expressed  con- 
cern about  the  use  of  the  NHTSA/Humanoid  dummy 
in  pedestrian  research.  According  to  Ford,  the  dum- 
my's thorax  is  not  biofidelic  in  frontal  or  lateral  impacts 
and  the  legs  lack  instrumentation  to  measure  knee  and 
leg  bending  moments. 

NHTSA  anticipates  using  the  dummy  for  child  re- 
straint testing  purposes  only.  The  next  step  in  the 
agency's  rulemaking  plan  for  the  dummy  is  to  consider 
whether  to  amend  Standard  213  to  require  use  of  the 
dummy  in  compliance  testing.  Ford's  comments  on  how 
the  dummy  should  or  should  not  be  used  are  prema- 
ture and  are  not  germane  to  today's  final  rule. 

Harmonization.  Ford  stated  that  international  har- 
monization would  be  furthered  by  adopting  the  Hybrid- 
Ill  type  6-year-old  (OSU)  dummy.  According  to  the 
commenter,  while  the  ECE  6-year-old  dummy  has 
biofidelic  limitations,  "a  common  ground  for  harmoni- 
zation could  be  provided  by  specifying  the  Ohio  State 
6-year-old  child  dummy." 

NHTSA  does  not  understand  why  Ford  believes  the 
OSU  dummy  would  further  harmonization.  In  any 
event,  if  information  becomes  available  that  shows  that 
the  OSU  dummy  wiU  benefit  harmonization,  the  agency 
will  give  this  matter  further  consideration. 

Terminology.  NHTSA  is  amending '  'unimodal ' '  as 
defined  in  §572.4(c)  to  apply  the  term  to  Subpart  I,  the 
specifications  for  the  6-year-old  dummy.  "Unimodal" 
means  an  acceleration-time  curve  that  has  only  one 
prominent  peak.  Subpart  I  uses  the  term  "unimodal" 
in  a  fashion  similar  to  the  way  it  is  used  in  Subpart  C, 
the  specifications  for  the  3-year-old  child  dummy.  That 
's,  both  specify  that  the  acceleration-time  curve  for  the 
head  assembly  test  is  "unimodal  at  or  above  the  50g 
level,"  and  for  the  thorax  assembly  test,  "unimodal  at 
or  above  the  30g  level."  However,  §572.4(c)  applies  by 
its  terms  only  to  Subpart  C.  This  amendment  applies 
the  term  to  both  Subparts  C  and  I. 


In  consideration  of  the  foregoing,  NHTSA  amends 
49  CFR  Part  572  as  follows: 

1.  Subpart  A  is  amended  by  revising  S572.4(c)  to 
read  as  follows: 

§572.4    Terminology. 

(c)  The  term  "unimodal,"  when  used  in  Subparts  C 
and  I,  refers  to  an  acceleration-time  curve  which  has 
only  one  prominent  peak. 

2.  Subpart  I,  consisting  of  §§572.70  through  572.78, 
is  added  to  read  as  follows: 

Subpart  I— GYearOid  Child 

572.70  Incorporation  by  reference. 

572.71  General  description. 

572.72  Head  assembly  and  test  procedure. 

572.73  Neck  assembly  and  test  procedure. 

572.74  Thorax  assembly  and  test  procedure. 

572.75  Lumbar  spine,  abdomen,  and  pelvis 
assembly  and  test  procedure. 

572.76  Limbs  assembly  and  test  procedure. 

572.77  instrumentation. 

572.78  Performance  test  conditions. 

Subpart  l-6-YearOld  Child 

§572.70    Incorporation  by  reference. 

The  drawings  and  specifications  referred  to  in 
§§572.71(a)  and  572.71(b)  are  hereby  incorporated  in 
Subpart  I  by  reference.  These  materials  are  thereby 
made  part  of  this  regulation.  The  Director  of  the  Fed- 
eral Register  approved  the  materials  incorporated  by 
reference  in  accordance  with  5  U.S.C.  552(a)  and  1 
CFR  Part  51.  Copies  of  the  materials  may  be  inspected 
at  NHTSA's  Docket  Section,  400  Seventh  Street,  S.W., 
Room  5109,  Washington,  D.C.,  or  at  the  Office  of  the 
Federal  Register,  1100  L  St.,  N.W.,  Room  8401, 
Washington,  D.C. 

The  incorporated  material  is  available  as  follows: 

(1)  Drawing  number  SA  106  COOl  sheets  1  through 
18,  and  the  drawings  Usted  in  the  parts  lists  described 
on  sheets  8  through  17,  are  available  from  Repro- 
graphic Technologies,  1111  14th  Street,  N.W., 
Washington,  D.C.  20005,  (202)  628-6667. 

(2)  A  User's  Manual  entitled,  "Six-Year-Old  Size 
Child  Test  Dummy  SA106C,"  October  28,  1991,  is 
available  from  Reprographic  Technologies  at  the  ad- 
dress in  paragraph  (1)  of  this  section. 

(3)  SAE  Recommended  Practice  J211,  Instrumen- 
tation/or Impact  Test,  Jime  1988,  is  available  from  the 
Society  of  Automotive  Engineers,  Inc.,  400  Common- 
wealth Drive,  Warrendale,  PA  15096-0001. 


PART  572-PRE   115 


§572.71     General  description. 

(a)  The  representative  6-year-olci  dummy  consists  of 
a  drawings  and  specifications  package  that  contains  the 
following  materials: 

(1)  technical  drawings  and  specifications  package 
SA  106C  001,  containing  drawing  number  SA  106C  001 
sheets  1  through  18,  and  the  drawings  listed  in  the 
parts  lists  described  on  sheets  8  through  17;  and, 

(2)  a  user's  manual  entitled,  "Six- Year-Old  Size 
Child  Test  Dummy  SA106C,"  October  28,  1991. 

(b)  The  dummy  is  made  up  of  the  component  assem- 
blies set  out  in  the  following  Table  A: 

Table  A 

Drawing  Title 


SA  106C 
SA  106C 
SA  106C 
SA  106C 
SA  106C 

picture 
SA  106C 
SA  106C 

picture 
SA  106C 
SA  106C 

picture 


010 

020 

030 

041 

042  (also  includes 

of  assembled  parts) 

050 

060  (also  includes 

of  assembled  parts) 

071 

072  (also  includes 

of  assembled  parts) 


Head  Assembly 

Neck  Assembly 

Thorax  Assembly 

Arm  Assembly  (Right  Arm) 

Arm  Assembly  (Left  Arm) 

Lumbar  Spine  Assembly 
Pelvis  Assembly 

Leg  Assembly  (Right  Leg) 
Leg  Assembly  (Left  Leg) 


(c)  Adjacent  segments  are  joined  in  a  manner  such 
that  except  for  contacts  existing  under  static  condi- 
tions, there  is  no  contact  between  metallic  elements 
throughout  the  range  of  motion  or  under  simulated 
crash-impact  conditions. 

(d)  The  structural  properties  of  the  dummy  are  such 
that  the  dummy  conforms  to  this  Part  in  every  respect 
both  before  and  after  its  use  in  any  test  similar  to  those 
specified  in  Standard  213,  Child  Restraint  Systems. 

§572.72     Head  assembly  and  test  procedure. 

(a)  Head  assembly.  The  head  consists  of  the  assem- 
bly designated  as  SA  106C  010  on  drawing  No.  SA 
106C  001,  sheet  2  and  conforms  to  each  drawing  listed 
on  SA  106C  001,  sheet  8. 

(b)  Head  assembly  impact  response  requirements. 
When  the  head  is  impacted  by  a  test  probe  conform- 
ing to  §572.77(aXl)  at  7  feet  per  second  (fps)  accord- 
ing to  the  test  procedure  in  paragraph  (c)  of  this 
section,  then  the  resultant  head  acceleration  measured 
at  the  location  of  the  accelerometer  installed  in  the 
headform  according  to  §577.77(b)  is  not  less  than  130g 
and  not  more  than  160g. 

(1)  The  recorded  acceleration-time  curve  for  this 
test  is  unimodal  at  or  above  the  50g  level,  and  lies  at 
or  above  that  level  for  an  interval  not  less  than  1.0  and 
not  more  than  2.0  milHseconds. 


(2)  The  lateral  acceleration  vector  does  not  exceed 
5g. 

(c)  Head  test  procedure.  The  test  procedure  for  the 
head  is  as  follows: 

(1)  Seat  and  orient  the  dummy  on  a  seating  sur- 
face having  a  back  support  as  specified  in  §572. 78(c), 
and  adjust  the  joints  of  the  limbs  at  any  setting  (be- 
tween Ig  and  2g)  which  just  supports  the  limbs'  weight 
when  the  limbs  are  extended  horizontally  and  forward. 

(2)  Adjust  the  test  probe  so  that  its  longitudinal 
centerline  is— 

(i)  At  the  forehead  at  the  point  of  orthogonal  in- 
tersection of  the  head  midsagittal  plane  and  the  trans- 
verse plane  which  is  perpendicular  to  the  Z  axis  of  the 
head  as  shown  in  Figure  40; 

(ii)  Located  2.7  ±0.1  inches  below  the  top  of  the 
head  measured  along  the  Z  axis;  and 

(iii)  Coincides  within  2  degrees  with  the  line 
made  by  the  intersection  of  the  horizontal  and  midsagit- 
tal planes  passing  through  this  point. 

(3)  Impact  the  head  with  the  test  probe  so  that  at 
the  moment  of  contact  the  probe's  longitudinal  center 
line  falls  within  2  degrees  of  a  horizontal  line  in  the 
dummy's  midsagittal  plane. 

(4)  Guide  the  test  probe  during  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rotational 
movement. 

(5)  Allow  at  least  60  minutes  between  successive 
head  tests. 

§572.73     Neck  assembly  and  test  procedure. 

(a)  Neck  assembly.  The  neck  consists  of  the  assem- 
bly designated  as  SA  106C  020  on  drawing  SA  106C 
001,  sheet  2,  and  conforms  to  each  drawing  listed  on 
SA  106C  001,  sheet  9. 

(b)  Neck  assembly  impact  response  requirements. 
When  the  head-neck  assembly  (SA  106C  010  and  SA 
106C  020)  is  tested  according  to  the  test  procedure  in 
§572.73(c),  the  head: 

(1)  Shall  rotate,  while  translating  in  the  direction 
of  the  pendulum  preimpact  flight,  in  reference  to  the 
pendulum's  longitudinal  center  line  a  total  of  78  degrees 
±  6  degrees  about  the  head's  center  of  gravity;  and 

(2)  Shall  rotate  to  the  extent  specified  in  Table  B 
at  each  indicated  point  in  time,  measured  from  time 
of  impact,  with  the  chordal  displacement  measured  at 
the  head's  center  of  gravity. 

(i)  Chordal  displacement  at  time  "T"  is  defined 
as  the  straight  line  distance  between  the  position  rela- 
tive to  the  pendulum  arm  of  the  head's  center  of  gravity 
at  time  "zero;"  and  the  position  relative  to  the  pendu- 
lum arm  of  the  head's  center  of  gravity  at  time  T  as 
illustrated  by  Figure  3  in  §572.11. 


PART  572-PRE  116 


(ii)  The  peak  resultant  acceleration  recorded 
at  the  location  of  the  accelerometers  mounted  in  the 
headform  according  to  §572. 77(b)  shall  not  exceed 
30g. 

Table  B 


Rotation 

Time 

Chordal  displacement 

(degrees) 

(ms) 

(inches) 

±(2  +  .08T) 

±0.8 

0 

0 

0 

30 

26 

2.7 

60 

44 

4.3 

Maximum 

68 

5.8 

60 

101 

4.4 

30 

121 

2.4 

0 

140 

0 

(3)  The  pendulum  shall  not  reverse  direction  un- 
til the  head's  center  of  gravity  returns  to  the  origi- 
nal "zero"  time  position  relative  to  the  pendulum 
arm. 

(c)  Neck  test  procedure.    The  test  procedure  for 
the  neck  is  as  follows: 

(1)  Moimt  the  head  and  neck  assembly  on  a  rigid 
pendulum  as  specified  in  §572.21,  Figure  15,  so  that 
the  head's  midsagittal  plane  is  vertical  and  coincides 
with  the  plane  of  motion  of  the  pendulum's  longitu- 
dinal center  line.  Attach  the  neck  directly  to  the  pen- 
dulxxm  as  shown  in  §572.21,  Figure  15. 

(2)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  velocity  at  impact 
is  17  ±  1  fps,  measured  at  the  center  of  the  ac- 
celerometer  specified  in  §572.21,  Figure  15. 

(3)  Decelerate  the  pendulum  to  a  stop  with  an 
acceleration-time  pulse  described  as  follows: 

(i)  Establish  5g  and  20g  levels  on  the  a-t 
curve. 

(ii)  Establish  ti  at  the  point  where  the  rising 
a-t  curve  first  crosses  the  5g  level;  tz  at  the  point 
where  the  rising  a-t  curve  first  crosses  the  20g  level; 
ts  at  the  point  where  the  decaying  a-t  curve  last 
crosses  the  20g  level;  and  t4  at  the  point  where  the 
decaying  a-t  curve  first  crosses  the  5g  level. 

(iii)  t2-ti  shall  not  be  more  than  3  milliseconds. 

(iv)  ts-ta  shall  not  be  more  than  22  milli- 
seconds, and  not  less  than  19  milliseconds. 

(v)  t4-t3  shall  not  be  more  than  6  milliseconds. 

(vi)  The  average  deceleration  between  ta  and 
ts  shall  not  be  more  than  26g,  or  less  than  22g. 

(4)  Allow  the  neck  to  flex  without  the  head  or 
neck  contacting  any  object  other  than  the  pendulum 
arm. 

(5)  Allow  at  least  60  minutes  between  succes- 
sive tests. 

§572.74    Thorax  assembly  and  test  procedure. 

(a)  Thorax  assembly.    The  thorax  consists  of  the 
part  of  the  torso  assembly  designated  as  SA  106C 


030  on  drawing  SA  106C  001,  sheet  2,  and  conforms 
to  each  applicable  drawing  on  SA  106C  001,  sheets 
10  and  11. 

(b)  Thorax  assembly  requirements.  When  the 
thorax  is  impacted  by  a  test  probe  conforming  to 
§572.77(a)  at  20  ±  0.3  fps  according  to  the  test 
procedure  in  paragraph  (c)  of  this  section,  the  peak 
resultant  accelerations  at  the  accelerometers 
mounted  in  the  chest  cavity  according  to  §572. 77(c) 
shall  not  be  less  than  43g  and  not  more  than  53g. 

(1)  The  recorded  acceleration-time  curve  for  this 
test  shall  be  unimodal  at  or  above  the  30g  level,  and 
shall  lie  at  or  above  that  level  for  an  interval  not  less 
than  4  milliseconds  and  not  more  than  6  mil- 
liseconds. 

(2)  The  lateral  acceleration  shall  not  exceed  5g. 

(c)  Thorax  test  procedure.  The  test  procedure  for 
the  thorax  is  as  follows: 

(1)  Seat  and  orient  the  dummy  on  a  seating  sur- 
face without  back  support  as  specified  in  §572. 78(c), 
and  adjust  the  joints  of  the  limbs  at  any  setting  (be- 
tween Ig  and  2g)  which  just  supports  the  limbs' 
weight  when  the  limbs  are  extended  horizontally  and 
forward,  parallel  to  the  midsagittal  plane. 

(2)  Establish  the  impact  point  at  the  chest  mid- 
sagittal plane  so  that  the  impact  point  is  2.25  inches 
below  the  longitudinal  center  of  the  clavicle  retainer 
screw,  and  adjust  the  dimimy  so  that  the  longitudi- 
nal center  line  of  the  No.  3  rib  is  horizontal. 

(3)  Place  the  longitudinal  center  line  of  the  test 
probe  so  that  it  coincides  with  the  designated  impact 
point,  and  align  the  test  probe  so  that  at  impact,  the 
probe's  longitudinal  center  line  coincides  (within  2 
degrees)  with  the  line  formed  at  the  intersection  of 
the  horizontal  and  midsagittal  planes  and  passes 
through  the  designated  impact  point. 

(4)  Impact  the  thorax  with  the  test  probe  so  that 
at  the  moment  of  contact  the  probe's  longitudinal 
center  line  falls  within  2  degrees  of  a  horizontal  line 
in  the  dummy's  midsagittal  plane. 

(5)  Guide  the  test  probe  dimng  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rotational 
movement. 

(6)  Allow  at  least  30  minutes  between  succes- 
sive tests. 

§572.75     Lumbar  spine,  abdomen,  and  pelvis 
assembly  and  test  procedure. 

(a)  Lumbar  spine,  abdomen,  and  pelvis  assembly. 
The  lumbar  spine,  abdomen,  and  pelvis  consist  of  the 
part  of  the  torso  assembly  designated  as  SA  106C 
050  and  060  on  drawing  SA  106C  001,  sheet  2,  and 
conform  to  each  applicable  drawing  listed  on  SA 
106C  001,  sheets  12  and  13. 


PART  572-PRE  117 


(b)  Lumbar  spine,  abdomen,  and  pelvis  o.ssembly 
response  requirements.  When  the  lumbar  spine  is 
subjected  to  a  force  continuously  applied  according 
to  the  test  procedure  set  out  in  paragraph  (c)  of  this 
section,  the  lumbar  spine  assembly  shall— 

(1)  Flex  by  an  amount  that  permits  the  rigid 
thoracic  spine  to  rotate  from  the  torso's  initial  posi- 
tion, as  defined  in  (cX3),  by  40  degrees  at  a  force 
level  of  not  less  than  46  pounds  and  not  more  than 
52  pounds,  and 

(2)  Straighten  upon  removal  of  the  force  to 
within  5  degrees  of  its  initial  position  when  the  force 
is  removed. 

(c)  Lumbar  spine,  abdomen,  and  pelvis  test  proce- 
dure. The  test  procedure  for  the  lumbar  spine, 
abdomen,  and  pelvis  is  as  follows: 

(1)  Remove  the  dummy's  head-neck  assembly, 
arms,  and  lower  legs,  clean  and  dry  all  component 
surfaces,  and  seat  the  dummy  upright  on  a  seat  as 
specified  in  Figure  42. 

(2)  Adjust  the  dummy  by— 

(i)  Tightening  the  femur  ballflange  screws  at 
each  hip  socket  joint  to  50  inch-pounds  torque; 

(ii)  Attaching  the  pelvis  to  the  seating  surface 
by  a  bolt  D/605  as  shown  in  Figure  42; 

(iii)  Attaching  the  upper  legs  at  the  knee 
joints  by  the  attachments  shown  in  Figure  42; 

(iv)  Tightening  the  mountings  so  that  the 
pelvis-lumbar  joining  surface  is  horizontal;  and 

(v)  Removing  the  head  and  neck,  and  install- 
ing a  cylindrical  aluminum  adapter  (neck  adapter) 
of  2.0  inches  diameter  and  2.6  inches  length  as 
shown  in  Figure  42. 

(3)  The  initial  position  of  the  dummy's  torso  is 
defined  by  the  plane  formed  by  the  rear  surfaces  of 
the  shoulders  and  buttocks  which  is  three  to  seven 
degrees  forward  of  the  transverse  vertical  plane. 

(4)  Flex  the  thorax  forward  50  degrees  and  then 
rearward  as  necessary  to  return  the  dummy  to  its 
initial  torso  position,  unsupported  by  external 
means. 

(5)  Apply  a  forward  pull  force  in  the  midsagit- 
tal  plane  at  the  top  of  the  neck  adapter  so  that  when 
the  lumbar  spine  flexion  is  40  degrees,  the  applied 
force  is  perpendicular  to  the  thoracic  spine  box. 

(i)  Apply  the  force  at  any  torso  deflection  rate 
between  0.5  and  1.5  degrees  per  second,  up  to  40 
degrees  of  flexion. 

(ii)  For  10  seconds,  continue  to  apply  a  force 
sufficient  to  maintain  40  degrees  of  flexion,  and 
record  the  highest  applied  force  during  the  10  second 
period. 

(iii)  Release  all  force  as  rapidly  as  possible, 
and  measure  the  return  angle  3  minutes  after  the 
release. 


§572.76     Limbs  assembly  and  test  procedure. 

(a)  Limbs  assembly.     The  limbs  consist  of  the  as- 
semblies designated  as  SA  106C  041,  SA  106C  042,  I 
SA  106C  071,  and  SA  106C  072,  on  drawing  No.  SA  ' 
106C  001,  sheet  2,  and  conform  to  each  applicable 
drawing  listed  on  SA  106C  001,  sheets  14  through 

17. 

(b)  Limbs  assembly  impact  response  requirement. 
When  each  knee  is  impacted  at  7  ±  0.1  fps, 
according  to  paragraph  (c)  of  this  section,  the  maxi- 
mum force  on  the  femur  shall  not  be  more  than  1060 
pounds  and  not  less  than  780  pounds,  with  a  duration 
above  400  pounds  of  not  less  than  0.8  milliseconds. 

(c)  Limbs  test  procedure.  The  test  procedure  for 
the  limbs  is  as  follows: 

(1)  Seat  and  orient  the  dummy  without  back 
support  on  a  seating  surface  that  is  11  +  0.2  inches 
above  a  horizontal  (floor)  surface  as  specified  in 
§572.78(c). 

(i)  Orient  the  dummy  as  specified  in  Figure 
43  with  the  hip  joint  adjustment  at  any  setting  be- 
tween Ig  and  2g. 

(ii)  Place  the  dummy's  legs  in  a  plane  parallel 
to  the  dummy's  midsagittal  plane  with  the  knee 
pivot  center  line  perpendicular  to  the  dummy's  mid- 
sagittal  plane,  and  with  the  feet  flat  on  the  horizon- 
tal (floor)  surface.  / 

(iii)  Adjust  the  feet  and  lower  legs  imtil  the  ^ 

line  between  the  midpoint  of  each  knee  pivot  and 
each  ankle  pivot  is  within  2  degrees  of  the  vertical. 

(2)  If  necessary,  reposition  the  dummy  so  that 
at  the  level  one  inch  below  the  seating  surface,  the 
rearmost  point  of  the  dummy's  lower  legs  remains 
not  less  than  3  inches  and  not  more  than  6  inches 
forward  of  the  forward  edge  of  the  seat. 

(3)  Align  the  test  probe  specified  in  §572.77(a) 
with  the  longitudinal  center  line  of  the  femur  force 
gauge,  so  that  at  impact,  the  probe's  longitudinal 
center  line  coincides  with  the  sensor's  longitudinal 
center  line  within  ±  2  degrees. 

(4)  Impact  the  knee  with  the  test  probe  moving 
horizontally  and  parallel  to  the  midsagittal  plane  at 
the  specified  velocity. 

(5)  Guide  the  test  probe  during  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rotational 
movement. 

§572.77     Instrumentation. 

(aXl)  Test  probe.  For  the  head,  thorax,  and  knee 
impact  test,  use  a  test  probe  that  is  rigid,  of  uniform 
density,  and  weighs  10  pounds  and  6  ounces,  with  f 

a  diameter  of  3  inches;  a  length  of  13.8  inches;  and 
an  impacting  end  that  has  a  rigid  flat  right  face  and 
edge  radius  of  0.5  inches. 


PART  572-PRE  118 


a-t  curve  last  crosses  the  20g  level,  and  t,  at  the 
point  where  the  decaying  a-t  curve  first  crosses 
the  5g  level. 

(iii)  ^  - 1,  shall  be  not  more  than  3  milliseconds. 

(iv)  tj  -^  shall  be  not  less  than  25  milliseconds 
and  not  more  than  30  milliseconds. 

(v)  ^  -t,  shall  be  not  more  than  10  milliseconds. 

(vi)  The  average  deceleration  between  1,  and  t, 
shall  be  not  less  than  20g  and  not  more  than  24g. 

(4)  Allow  the  neck  to  flex  without  impact  of  the 
head  or  neck  with  any  object  other  than  the  pen- 
dulum arm. 


§  572.8     Thorax. 

(a)  The  thorax  consists  of  the  assembly  shown  as 
number  SA  150  M030  in  Figure  1,  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
M030. 

(b)  The  thorax  contains  enough  unobstructed 
interior  space  behind  the  rib  cage  to  permit  the 
midpoint  of  the  sternum  to  be  depressed  2  inches 
without  contact  between  the  rib  cage  and  other 
parts  of  the  dummy  or  its  instrumentation,  except 
for  instruments  specified  in  subparagraph  (d)  (7)  of 
this  section. 

(c)  When  impacted  by  a  test  probe  conforming  to 
§  572.11(a)  at  14  fps  and  at  22  fps  in  accordance 
with  paragraph  (d)  of  this  section,  the  thorax  shall 
resist  with  forces  measured  by  the  test  probe  of  not 
more  than  1450  pounds  and  2250  pounds,  respec- 
tively, and  shall  deflect  by  amounts  not  greater 
than  1.1  inches  and  1.7  inches,  respectively.  The  in- 
ternal hysteresis  in  each  impact  shall  not  be  less 
than  50  percent  and  not  more  than  70  percent. 

(d)  Test  Procedure: 

(1)  With  the  dummy  seated  without  back 
support  on  a  surface  as  specified  in  §  572.11(i)  and 
in  the  orientation  specified  in  §  572.11(i),  adjust 
the  dummy  arms  and  legs  until  they  are  extended 
horizontally  forward  parallel  to  the  midsagittal 
plane. 

(2)  Place  the  longitudinal  center  line  of  the  test 
probe  so  that  it  is  17.7  ±0.1  inches  above  the 
seating  surface  at  impact. 

(3)  Align  the  test  probe  specified  in  §  572.11  (a) 
so  that  at  impact  its  longitudinal  centerline 


coincides  within  2  degrees  of  a  horizontal  line  in 
the  dummy's  midsagittal  plane. 

(4)  Adjust  the  dummy  so  that  the  surface  area 
on  the  thorax  immediately  adjacent  to  the  pro- 
jected longitudinal  center  line  of  the  test  probe  is 
vertical.  Limb  support,  as  needed  to  achieve  and 
maintain  this  orientation,  may  be  provided  by 
placement  of  a  steel  rod  of  any  diameter  not  less 
than  one-quarter  of  an  inch  and  not  more  than 
three-eighths  of  an  inch,  with  hemispherical  ends, 
vertically  under  the  limb  at  its  projected  geometric 
center. 

(5)  Impact  the  thorax  with  the  test  probe  so  that 
its  longitudinal  centerline  falls  within  2  degrees  of 
a  horizontal  line  in  the  dummy's  midsagittal  plane 
at  the  moment  of  impact. 

(6)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical,  or 
rotational  movement. 

(7)  Measure  the  horizontal  deflection  of  the 
sternum  relative  to  the  thoracic  spine  along  the 
line  established  by  the  longitudinal  centerline  of 
the  probe  at  the  moment  of  impact,  using  a  poten- 
tiometer mounted  inside  the  sternum. 

(8)  Measure  hysteresis  by  determining  the  ratio 
of  the  area  between  the  loading  and  unloading 
portions  of  the  force  deflection  curve  to  the  area 
under  the  loading  portion  of  the  curve. 

§  572.9     Lumbar  spine,  abdomen,  and  pelvis. 

(a)  The  lumbar  spine,  abdomen,  and  pelvis 
consist  of  the  assemblies  designated  as  numbers 
SA  150  M050  and  SA  150  M060  in  Figure  1  and 
conform  to  the  drawings  subtended  by  these 
numbers. 

(b)  When  subjected  to  continuously  applied  force 
in  accordance  with  paragraph  (c)  of  this  section, 
the  lumbar  spine  assembly  shall  flex  by  an  amount 
that  permits  the  rigid  thoracic  spine  to  rotate  from 
its  initial  position  in  accordance  with  Figure  11  by 
the  number  of  degrees  shown  below  at  each 
specified  force  level,  and  straighten  upon  removal 
of  the  force  to  within  12  degrees  of  its  initial  posi- 
tion in  accordance  with  Figure  11. 

Flexion  Force  (±6 

(degrees)  pounds) 

0 0 

20 28 

30 40 

40 52 


PART  572- 


(c)  Test  procedure: 

(1)  Assemble  the  thorax,  lumbar  spine,  pelvic, 
and  upper  leg  assemblies  (above  the  femur  force 
transducers),  ensuring  that  all  component  surfaces 
are  clean,  dry,  and  untreated  unless  otherwise 
specified,  and  attach  them  to  the  horizontal  fixture 
shown  in  Figure  5  at  the  two  link  rod  pins  and  with 
the  mounting  brackets  for  the  lumbar  test  fixtures 
illustrated  in  Figure  6  to  9. 

(2)  Attach  the  rear  mounting  of  the  pelvis  to  the 
pelvic  instrument  cavity  rear  face  at  the  four  V4" 
cap  screw  holes  and  attach  the  front  mounting  at 
the  femur  axial  rotation  joint.  Tighten  the  moun- 
tings so  that  the  pelvic-lumbar  adapter  is  horizon- 
tal and  adjust  the  femur  friction  plungers  at  each 
hip  socket  joint  to  240  inch-pounds  torque. 

(3)  Flex  the  thorax  forward  50°  and  then 
rearward  as  necessary  to  return  it  to  its  initial 
position  in  accordance  with  Figure  11  unsupported 
by  external  means. 

(4)  Apply  a  forward  force  perpendicular  to  the 
thorax  instrument  cavity  rear  face  in  the  midsagit- 
tal  plane  15  inches  above  the  top  surface  of  the 
pelvic-lumbar  adapter.  Apply  the  force  at  any  torso 
deflection  rate  between  .5  and  1.5  degrees  per  se- 
cond up  to  40°  of  flexion  but  no  further,  continue 
to  apply  for  10  seconds  that  force  necessary  to 
maintain  40°  of  flexion,  and  record  the  force  with 
an  instrument  mounted  to  the  thorax  as  shown  in 
Figure  5.  Release  all  force  as  rapidly  as  possible 
and  measure  the  return  angle  3  minutes  after  the 
release. 

(d)  When  the  abdomen  is  subjected  to  con- 
tinuously applied  force  in  accordance  with 
paragraph  (e)  of  this  section,  the  abdominal 
forcedeflection  curve  shall  be  within  the  two 
curves  plotted  in  Figure  10. 

(e)  Test  procedure: 

(1)  Place  the  assembled  thorax,  lumbar  spine, 
and  pelvic  assemblies  in  a  supine  position  on  a  flat, 
rigid,  smooth,  dry,  clean  horizontal  surface,  ensur- 
ing that  all  component  surfaces  are  clean,  dry,  and 
untreated  unless  otherwise  specified. 

(2)  Place  a  rigid  cylinder  6  inches  in  diameter 
and  18  inches  long  transversely  across  the 
abdomen,  so  that  the  cylinder  is  symmetrical  about 
the  midsagittal  plane,  with  its  longitudinal  centerline 


horizontal  and  perpendicular  to  the  midsagittal 
plane  at  a  point  9.2  inches  above  the  bottom  line  of 
the  buttocks,  measured  with  the  dummy  positioned 
in  accordance  with  Figure  11. 

(3)  Establish  the  zero  deflection  point  as  the 
point  at  which  a  force  of  10  pounds  has  been 
reached. 

(4)  Apply  a  vertical  downward  force  through 
the  cylinder  at  any  rate  between  0.25  and  0.35 
inches  per  second. 

(5)  Guide  the  cylinder  so  that  it  moves  without 
significant  lateral  or  rotational  movement. 


§  572.10     Limbs. 

(a)  The  limbs  consist  of  the  assemblies  shown  as 
numbers  SA  150  M070,  SA  150  M071,  SA  150 
M080,  and  SA  150  M081  in  Figure  1  and  conform 
to  the  drawings  subtended  by  these  numbers. 

(b)  When  each  knee  is  impacted  at  6.9  ft/ sec.  in 
accordance  with  paragraph  (c)  of  this  section,  the 
maximum  force  on  the  femur  shall  be  not  more 
than  2500  pounds  and  not  less  than  1850  pounds, 
with  a  duration  above  1000  pounds  of  not  less  than 
1.7  milliseconds. 

(c)  Test  procedure: 

(1)  Seat  the  dummy  without  back  support  on  a 
surface  as  specified  in  §  572.11(i)  that  is  17.3  ±0.2 
inches  above  a  horizontal  surface,  oriented  as 
specified  in  §  572.11(i),  and  with  the  hip  joint  ad- 
justment at  any  setting  between  Ig  and  2g.  Place 
the  dummy  legs  in  planes  parallel  to  its  midsagittal 
plane  (knee  pivot  centerline  perpendicular  to  the 
midsagittal  plane)  and  with  the  feet  flat  on  the 
horizontal  surface.  Adjust  the  feet  and  lower  legs 
until  the  lines  between  the  midpoints  of  the  knee 
pivots  and  the  ankle  pivots  are  at  any  angle  not 
less  than  2  degrees  and  not  more  than  4  degrees 
rear  of  the  vertical,  measured  at  the  centerline  of 
the  knee  pivots. 

(2)  Reposition  the  dummy  if  necessary  so  that 
the  rearmost  point  of  the  lower  legs  at  the  level 
one  inch  below  the  seating  surface  remains  at  any 
distance  not  less  than  5  inches  and  not  more  than  6 
inches  forward  of  the  forward  edge  of  the  seat. 


PART  572-4 


PART  572-ANTHROPOMORPHIC  TEST  DUMMIES 


Subpart  A— General 

§572.1  Scope.  This  part  describes  the 
anthropomorphic  test  dummies  that  are  to  be  used 
for  compHance  testing  of  motor  vehicles  and  motor 
vehicle  equipment  with  motor  vehicle  safety 
standards. 

§572.2  Purpose.  The  design  and  performance 
criteria  specified  in  this  part  are  intended  to 
describe  measuring  tools  with  sufficient  precision 
to  give  repetitive  and  correlative  results  under 
similar  test  conditions  and  to  reflect  adequately 
the  protective  performance  of  a  vehicle  or  item,  of 
motor  vehicle  equipment,  with  respect  to  human 
occupants. 

§572.3  Application.  This  part  does  not  in  itself 
impose  duties  or  liabilities  on  any  person.  It  is  a 
I  description  of  tools  that  measure  the  performance 
of  occupant  protection  systems  required  by  the 
safety  standards  that  incorporate  it.  It  is  designed 
to  be  referenced  by,  and  become  a  part  of,  the  test 
procedures  specified  in  motor  vehicle  safety  stan- 
dards such  as  Standard  No.  208,  Occupant  Crash 
Protection. 

§572.4    Terminology. 

(a)  The  term  "dummy,"  when  used  in  this 
Subpart  A,  refers  to  any  test  device  described  by 
this  part.  The  term  "dummy,"  when  used  in  any 
other  subpart  of  this  part,  refers  to  the  particular 
dummy  described  in  that  part. 

(b)  Terms  describing  parts  of  the  dummy,  such 
as  "head,"  are  the  same  as  names  for  correspond- 
ing parts  of  the  human  body. 

(c)  The  term  "unimodal,"  when  used  in  (Subpart 
C  and  I|,  refers  to  an  acceleration-time  curve 
which  has  only  one  prominent  peak.  (56  F.R. 
57830— November  14,  1991.  Effective:  May  12,  1992) 


Subpart  B— 50th  Percentile  Male 

§572.5    General  description. 

(a)  The  dummy  consists  of  the  component 
assemblies  specified  in  Figure  1,  which  are  described 
in  their  entiretj'  by  means  of  approximately  250 
drawings  and  specifications  that  are  grouped  by 
component  assemblies  under  the  following  nine 
headings: 

SA  150  M070  Right  arm  assembly 

SA  150  M071  Left  arm  assembly 

SA  150  M050  Lumbar  spine  assembly 

SA  150  M060  Pelvis  and  abdomen  assembly 

SA  150  M080  Right  leg  assembly 

SA  150  M081  Left  leg  assembly 

SA  150  MOlO  Head  assembly 

SA  150  M020  Neck  assembly 

SA  150  M030  Shoulder- thorax  assembly 

(b)  The  drawings  and  specifications  referred  to 
in  this  regulation  that  are  not  set  forth  in  full  are 
hereby  incorporated  in  this  part  by  reference. 
These  materials  are  thereby  made  part  of  this 
regulation.  The  Director  of  the  Federal  Register 
has  approved  the  materials  incorporated  by 
reference.  For  materials  subject  to  change,  only 
the  specific  version  approved  by  the  Director  of  the 
Federal  Register  and  specified  in  the  regulation 
are  incorporated.  A  notice  of  any  change  will  be 
published  in  the  Federal  Register. 

(c)  The  materials  incorporated  by  reference  are 
available  for  examination  in  Docket  73-08,  Docket 
Section,  National  Highway  Traffic  Safety  Ad- 
ministration, Room  5109,  400  Seventh  Street 
S.W.,  Washington,  D.C.  20590.  Copies  may  be 
obtained  from  Rowley-Scher  Reprographics,  Inc., 
1216  K  Street  N.W.,  Washington,  D.C.  20005  (202) 
628-6667).  The  drawings  and  specifications  are 
also  on  file  in  the  reference  library  of  the  Office  of 
the  Federal  Register,  National  Archives  and 
Records  Administration,  Washington,  D.C. 


(Rev.  11/14/91) 


PART  572-1 


(d)  Adjacent  segments  are  joined  in  a  manner 
such  that  throughout  the  range  of  motion  and  also 
under  crash-impact  conditions  there  is  no  contact 
between  metallic  elements  except  for  contacts  that 
exist  under  static  conditions. 

(e)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  part  in  every 
respect  both  before  and  after  being  used  in  vehicle 
tests  specified  in  Standard  No.  208  (§  571.208). 

(f)  A  specimen  of  the  dummy  is  available  for  sur- 
face measurements,  and  access  can  be  arranged 
through:  Office  of  Vehicle  Safety  Standards, 
National  Highway  Traffic  Safety  Administration, 
400  Seventh  Street,  S.W.,  Washington,  D.C.  20590. 

§  572.6     Head. 

(a)  The  head  consists  of  the  assembly  shown  as 
number  SA  150  MO  10  in  Figure  1  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
MOIO. 

(b)  When  the  head  is  dropped  from  a  height  of  10 
inches  in  accordance  with  paragraph  (c)  of  this 
section,  the  peak  resultant  accelerations  at  the 
location  of  the  accelerometers  mounted  in  the  head 
form  in  accordance  with  §  572.11(b)  shall  be  not 
less  than  210g,  and  not  more  than  260g.  The 
acceleration/time  curve  for  the  test  shall  be 
unimodal  and  shall  lie  at  or  above  the  lOOg  level  for 
an  interval  not  less  than  0.9  milliseconds  and  not 
more  than  1.5  milliseconds.  The  lateral  accelera- 
tion vector  shall  not  exceed  lOg. 

(c)  Test  procedure: 

(1)  Suspend  the  head  as  shown  in  Figure  2,  so 
that  the  lowest  point  on  the  forehead  is  0.5  inches 
below  the  lowest  point  on  the  dummy's  nose  when 
the  midsagittal  plane  is  vertical. 

(2)  Drop  the  head  from  the  specified  height  by  a 
means  that  ensures  instant  release  onto  a  rigidly 
supported  flat  horizontal  steel  plate,  2  inches  thick 
and  2  feet  square,  which  has  a  clean,  dry  surface  and 
any  microfmish  of  not  less  than  8  microinches  (rms) 
and  not  more  than  80  microinches  (rms). 

(3)  Allow  a  time  period  of  at  least  2  hours 
between  successive  tests  on  the  same  head. 

§  572.7     Neck. 

(a)  The  neck  consists  of  the  assembly  shown  as 
number  SA  150  M020  in  Figure  1  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
M020. 

(b)  When  the  neck  is  tested  with  the  head  in 
accordance  with  paragraph  (c)  of  this  section,  the 


head  shall  rotate  in  reference  to  the  pendulum's 
longitudinal  centerline  a  total  of  68°  ±5°  about  its 
center  of  gravity,  rotating  to  the  extent  specified 
in  the  following  table  at  each  indicated  point  in 
time,  measured  from  impact,  with  a  chordal 
displacement  measured  at  its  center  of  gravity  that 
is  within  the  limits  specified.  The  chordal  displace- 
ment at  time  T  is  defined  as  the  straight  line 
distance  between  (1)  the  position  relative  to  the 
pendulum  arm  of  the  head  center  of  gravity  at  time 
zero,  and  (2)  the  position  relative  to  the  pendulum 
arm  of  the  head  center  of  gravity  at  time  T  as  il- 
lustrated by  Figure  3.  The  peak  resultant  accelera- 
tion recorded  at  the  location  of  the  accelerometers 
mounted  in  the  head  form  in  accordance  with 
§  572.11(b)  shall  not  exceed  26g.  The  pendulum 
shall  not  reverse  direction  until  the  head's  center 
of  gravity  returns  to  the  original  zero  time  position 
relative  to  the  pendulum  arm. 


Chordal 

Time  (ms) 

Displacement 

Rotation  (degrees) 

±  (2  +  .08T) 

(inches  ±  0.5) 

0 

0 

0.0 

30 

30 

2.6 

60 

46 

4.8 

Maximum 

60 

5.5 

60 

75 

4.8 

30 

95 

2.6 

0 

112 

0.0 

(c)  Test  procedure: 

(1)  Mount  the  head  and  neck  on  a  rigid  pendulum 
as  specified  in  Figure  4,  so  that  the  head's  mid- 
sagittal  plane  is  vertical  and  coincides  with  the 
plane  of  motion  of  the  pendulum's  longitudinal 
centerline.  Mount  the  neck  directly  to  the  pen- 
dulum as  shown  in  Figure  4. 

(2)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  velocity  at 
impact  is  23.5  ±  2.0  feet  per  second  (fps),  measured 
at  the  center  of  the  accelerometer  specified  in 
Figure  4. 

(3)  Decelerate  the  pendulum  to  a  stop  with  an 
acceleration-time  pulse  described  as  follows: 

(i)  Establish  5g  and  20g  levels  on  the  a-t 
curve. 

(ii)  Establish  t^  at  the  point  where  the  rising 
a-t  curve  first  crosses  the  5g  level,  1^  at  the 
point  where  the  rising  a-t  curve  first  crosses  the 
20g  level,  t^   at  the  point  where  the  decaying 


(Rev.  6(19/85) 


PART  572-2 


a-t  curve  last  crosses  the  20g  level,  and  ^  at  the 
point  where  the  decajing  a-t  curve  first  crosses 
the  5g  level. 

(iii)  \-t^  shall  be  not  more  than  3  milliseconds. 

(iv)  \-\  shall  be  not  less  than  25  milliseconds 
and  not  more  than  30  milliseconds. 

(v)  \-\  shaU  be  not  more  than  10  milliseconds. 

(vi)  The  average  deceleration  between  ^  and  1^ 
shall  be  not  less  than  20g  and  not  more  than  24g. 

(4)  Allow  the  neck  to  flex  without  impact  of  the 
head  or  neck  with  any  object  other  than  the  pen- 
dulum arm. 


§  572.8     Thorax. 

(a)  The  thorax  consists  of  the  assembly  shown  as 
number  SA  150  M030  in  Figure  1,  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
M030. 

(b)  The  thorajc  contains  enough  unobstructed 
interior  space  behind  the  rib  cage  to  permit  the 
midpoint  of  the  sternum  to  be  depressed  2  inches 
without  contact  between  the  rib  cage  and  other 
parts  of  the  dummy  or  its  instrumentation,  except 
for  instruments  specified  in  subparagraph  (d)  (7)  of 
this  section. 

(c)  When  impacted  by  a  test  probe  conforming  to 
§  572.11(a)  at  14  fps  and  at  22  fps  in  accordance 
with  paragraph  (d)  of  this  section,  the  thorax  shall 
resist  with  forces  measured  by  the  test  probe  of  not 
more  than  1450  pounds  and  2250  pounds,  respec- 
tively, and  shall  deflect  by  amounts  not  greater 
than  1.1  inches  and  1.7  inches,  respectively.  The  in- 
ternal hysteresis  in  each  impact  shall  not  be  less 
than  50  percent  and  not  more  than  70  percent. 

(d)  Test  Procedure: 

(1)  With  the  dummy  seated  without  back 
support  on  a  surface  as  specified  in  §  572.11(1)  and 
in  the  orientation  specified  in  §  572.11(i),  adjust 
the  dummy  arms  and  legs  until  they  are  extended 
horizontally  forward  parallel  to  the  midsagittal 
plane. 

(2)  Place  the  longitudinal  center  line  of  the  test 
probe  so  that  it  is  17.7  ±0.1  inches  above  the 
seating  surface  at  impact. 

(3)  Align  the  test  probe  specified  in  §  572.11  (a) 
so  that  at  impact  its  longitudinal  centerline 


coincides  within  2  degrees  of  a  horizontal  line  in 
the  dummy's  midsagittal  plane. 

(4)  Adjust  the  dummy  so  that  the  surface  area 
on  the  thorax  immediately  adjacent  to  the  pro- 
jected longitudinal  center  line  of  the  test  probe  is 
vertical.  Limb  support,  as  needed  to  achieve  and 
maintain  this  orientation,  may  be  provided  by 
placement  of  a  steel  rod  of  any  diameter  not  less 
than  one-quarter  of  an  inch  and  not  more  than 
three-eighths  of  an  inch,  with  hemispherical  ends, 
vertically  under  the  limb  at  its  projected  geometric 
center. 

(5)  Impact  the  thorax  with  the  test  probe  so  that 
its  longitudinal  centerline  falls  within  2  degrees  of 
a  horizontal  line  in  the  dummy's  midsagittal  plane 
at  the  moment  of  impact. 

(6)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical,  or 
rotational  movement. 

(7)  Measure  the  horizontal  deflection  of  the 
sternum  relative  to  the  thoracic  spine  along  the 
line  established  by  the  longitudinal  centerline  of 
the  probe  at  the  moment  of  impact,  using  a  poten- 
tiometer mounted  inside  the  sternum. 

(8)  Measure  hysteresis  by  determining  the  ratio 
of  the  area  between  the  loading  and  unloading 
portions  of  the  force  deflection  curve  to  the  area 
under  the  loading  portion  of  the  curve. 

§  572.9    Lumbar  spine,  abdomen,  and  pelvis. 

(a)  The  lumbar  spine,  abdomen,  and  pelvis 
consist  of  the  assemblies  designated  as  numbers 
SA  150  M050  and  SA  150  M060  in  Figure  1  and 
conform  to  the  drawings  subtended  by  these 
numbers. 

(b)  When  subjected  to  continuously  applied  force 
in  accordance  with  paragraph  (c)  of  this  section, 
the  lumbar  spine  assembly  shall  flex  by  an  amount 
that  permits  the  rigid  thoracic  spine  to  rotate  from 
its  initial  position  in  accordance  with  Figure  11  by 
the  number  of  degrees  shown  below  at  each 
specified  force  level,  and  straighten  upon  removal 
of  the  force  to  within  12  degrees  of  its  initial  posi- 
tion in  accordance  with  Figure  11. 

Flexion  Force  (±6 

(degrees)  pounds) 

0 0 

20 28 

30 40 

40 52 


PART  572- 


(d)  Adjacent  segments  are  joined  in  a  manner 
such  that  throughout  the  range  of  motion  and  also 
under  crash-impact  conditions  there  is  no  contact 
between  metallic  elements  except  for  contacts  that 
exist  under  static  conditions. 

(e)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  part  in  every 
respect  both  before  and  after  being  used  in  vehicle 
tests  specified  in  Standard  No.  208  (§  571.208). 

(f)  A  specimen  of  the  dummy  is  available  for  sur- 
face measurements,  and  access  can  be  arranged 
through:  Office  of  Vehicle  Safety  Standards, 
National  Highway  Traffic  Safety  Administration, 
400  Seventh  Street,  S.W.,  Washington,  D.C.  20590. 

§  572.6     Head. 

(a)  The  head  consists  of  the  assembly  shown  as 
number  SA  150  MOlO  in  Figure  1  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
MOIO. 

(b)  When  the  head  is  dropped  from  a  height  of  10 
inches  in  accordance  with  paragraph  (c)  of  this 
section,  the  peak  resultant  accelerations  at  the 
location  of  the  accelerometers  mounted  in  the  head 
form  in  accordance  with  §  572.11(b)  shall  be  not 
less  than  210g,  and  not  more  than  260g.  The 
acceleration/time  curve  for  the  test  shall  be 
unimodal  and  shall  lie  at  or  above  the  lOOg  level  for 
an  interval  not  less  than  0.9  milliseconds  and  not 
more  than  1.5  milliseconds.  The  lateral  accelera- 
tion vector  shall  not  exceed  lOg. 

(c)  Test  procedure: 

(1)  Suspend  the  head  as  shown  in  Figure  2,  so 
that  the  lowest  point  on  the  forehead  is  0.5  inches 
below  the  lowest  point  on  the  dummy's  nose  when 
the  midsagittal  plane  is  vertical. 

(2)  Drop  the  head  from  the  specified  height  by  a 
means  that  ensures  instant  release  onto  a  rigidly 
supported  flat  horizontal  steel  plate,  2  inches  thick 
and  2  feet  square,  which  has  a  clean,  dry  surface  and 
any  microfinish  of  not  less  than  8  microinches  (rms) 
and  not  more  than  80  microinches  (rms). 

(3)  Allow  a  time  period  of  at  least  2  hours 
between  successive  tests  on  the  same  head. 

§  572.7     Neck. 

(a)  The  neck  consists  of  the  assembly  shown  as 
number  SA  150  M020  in  Figure  1  and  conforms  to 
each  of  the  drawings  subtended  by  number  SA  150 
M020. 

(b)  When  the  neck  is  tested  with  the  head  in 
accordance  with  paragraph  (c)  of  this  section,  the 


head  shall  rotate  in  reference  to  the  pendulum's 
longitudinal  centerline  a  total  of  68°  ±5°  about  its 
center  of  gravity,  rotating  to  the  extent  specified 
in  the  following  table  at  each  indicated  point  in 
time,  measured  from  impact,  with  a  chordal 
displacement  measured  at  its  center  of  gravity  that 
is  within  the  limits  specified.  The  chordal  displace- 
ment at  time  T  is  defined  as  the  straight  line 
distance  between  (1)  the  position  relative  to  the 
pendulum  arm  of  the  head  center  of  gravity  at  time 
zero,  and  (2)  the  position  relative  to  the  pendulum 
arm  of  the  head  center  of  gravity  at  time  T  as  il- 
lustrated by  Figure  3.  The  peak  resultant  accelera- 
tion recorded  at  the  location  of  the  accelerometers 
mounted  in  the  head  form  in  accordance  with 
§  572.11(b)  shall  not  exceed  26g.  The  pendulum 
shall  not  reverse  direction  until  the  head's  center 
of  gravity  returns  to  the  original  zero  time  position 
relative  to  the  pendulum  arm. 


Chordal 

Time  (ms) 

Displacement 

Rotation  (degrees)            ± 

(2  +  .08T) 

(inches  +  0.5) 

0 

0 

0.0 

30 

30 

2.6 

60 

46 

4.8 

Maximum 

60 

5.5 

60 

75 

4.8 

30 

95 

2.6 

0 

112 

0.0 

(c)  Test  procedure: 

(1)  Mount  the  head  and  neck  on  a  rigid  pendulum 
as  specified  in  Figure  4,  so  that  the  head's  mid- 
sagittal  plane  is  vertical  and  coincides  with  the 
plane  of  motion  of  the  pendulum's  longitudinal 
centerline.  Mount  the  neck  directly  to  the  pen- 
dulum as  shown  in  Figure  4. 

(2)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  velocity  at 
impact  is  23.5  ±  2.0  feet  per  second  (fps),  measured 
at  the  center  of  the  accelerometer  specified  in 
Figure  4. 

(3)  Decelerate  the  pendulum  to  a  stop  with  an 
acceleration-time  pulse  described  as  follows: 

(i)  Establish  5g  and  20g  levels  on  the  a-t 
curve. 

(ii)  Establish  t,  at  the  point  where  the  rising 
a-t  curve  first  crosses  the  5g  level,  1,  at  the 
point  where  the  rising  a-t  curve  first  crosses  the 
20g  level,  ^   at  the  point  where  the  decaying 


(Rev.  6/19/8S) 


PART  572-2 


(3)  Align  the  test  probe  specified  in 
§  572.11(a)  so  that  at  impact  its  longitudinal 
centerline  coincides  within  ±2°  with  the 
longitudinal  centerline  of  the  femur. 

(4)  Impact  the  knee  with  the  test  probe  moving 
horizontally  and  parallel  to  the  midsagittal  plane  at 
the  specified  velocity. 

(5)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

§  572.11     Test  conditions  and  instrumentation. 

(a)  The  test  probe  used  for  thoracic  and  knee 
impact  tests  is  a  cylinder  6  inches  in  diameter  that 
weighs  51.5  pounds  inclv.ding  instrumentation.  Its 
impacting  end  has  a  flat  right  f;.c,e  that  is  rigid  and 
that  has  an  edge  radius  of  0.5  inches. 

(Ij)  Acceierometers  are  mounted  "i  the  head  on 
the  bcrizoiital  transverse  bulkhead  shown  in  the 
dravdng;  subreferenced  unc^-ir  assembly  No.  SA 
150  MO  10  in  Figure  1 ,  so  that  their  sensitive  axes 
inters<^ct  at  a  point  in  the  midsagittal  plane  0.5 
inches  above  the  horizontal  bulkhead  and  1.9 
inches  ventral  of  the  vertical  mating  surface  of  the 
skull  with  the  skull  cover.  One  acceierometer  is 
aligned  with  its  sensitive  axis  perpendicular  to  the 
horizonal  bulkhead  in  the  midsagittal  plane  and 
with  its  seismic  mass  center  at  an>  distance  up  to 
0.3  inches  superior  to  the  axial  intersection 
point.  Another  acceierometer  is  aligned  ^ith  its 
sensitive  axis  parallel  to  the  horizontal  bulkhead 
and  perpendicular  to  the  midsagittal  plane,  and 
with  its  seismic  mass  center  at  any  distance  up  to 
1.3  inches  to  the  left  of  the  axidi  intersection  point 
(left  side  of  dum'ny  is  the  same  as  that  of  m.an).  A 
third  acceierometer  is  aligned  with  its  sensitive 
axis  parallel  to  the  f.orizontal  bulkhe^^d  in  the  mid- 
sagittal plane,  and  with  its  seismic  mass  center  at 
any  distance  up  to  1.3  inches  dorsal  to  the  axial 
intersection  point. 

(c)  Acceierometers  are  mounted  in  the  th'-rax  by 
means  of  a  bracket  atta/'hed  to  the  rear  vertical 
surface  (hereafter  "attachment  surface")  of  the 
thoracic  spine  so  that  their  sensitive  axes  intersect 
at  a  point  in  the  midsagittal  plane  0.8  inches  below 
the  upper  surface  of  the  plate  to  which  the  neck 
mountin;  , racket  is  attached  .ind  ".':  inches 
Perpendicularly  forward  of  the;  surfact.  to  whirh 


the  acceierometer  bracket  is  attached.  One 
acceierometer  has  its  sensitive  axis  oriented 
parallel  to  the  attachment  surface  in  the  midsagit- 
tal plane,  with  its  seismic  mass  center  at  any 
distance  up  to  1.3  inches  inferior  to  the  inter- 
section of  the  sensitive  axes  specified  above. 
Another  acceierometer  has  its  sensitive  axis 
oriented  parallel  to  the  attachment  surface  and 
perpendicular  to  the  midsagittal  plane,  with  its 
seismic  mass  center  at  any  distance  up  to  0.2 
inches  to  the  right  of  the  intersection  of  the  sen- 
sitive axes  specified  above.  A  third  acceierometer 
has  its  sensitive  axis  oriented  perpendicular  to  the 
attachment  surface  in  the  midsagittal  plane,  with 
its  seismic  mass  center  at  any  distance  up  to  1.3 
inches  dorsal  to  the  intersection  of  the  sensitive 
axes  specified  above.  Acceierometers  are  oriented 
with  the  dummy  in  the  position  specified  in 
§  572.11(i). 

(d)  A  force-sensing  device  is  mounted  axially  in 
each  femur  shaft  so  that  the  transverse  centerline 
of  the  sensing  element  is  4.25  inches  from  the 
knee's  center  of  rotation. 

(e)  The  outputs  of  acceleration  and  forcestmsing 
devices  installed  in  the  dummy  and  in  the  test 
apparatus  specified  by  this  Part  are  recorded  in 
individual  data  channels  that  conform  to  the 
requirements  of  SAE  Recommended  Practice 
J211a,  December  1971,  with  channel  classes  as 
follows: 

(1)  Head  acceleration— Class  1000. 

(2)  Pendulum  acceleration— Class  60. 

(3)  Thorax  acceleration  -Class  180. 

(4)  Thorax  compresrion— Class  180. 

(5)  Femur  force-Class  600. 

(f)  The  mount! iigs  for  sensing  devices  have  no 
resonance  frequency  within  a  range  of  3  times  the 
frequency  range  of  the  applicable  channel  das'?. 

(g)  Limb  joints  a'-'  set  at  Ig,  bar  ;'y  restraining 
the  eight  of  the  limb  when  it  is  extended  horizon- 
tally. The  force  required  to  move  a  limb  segment 
does  not  exceed  2g  throughout  the  range  of  limb 
motion. 

(h)  Performance  tests  are  conducted  at  any 
teiiperature  from  66°  F  to  78°  F  and  at  any 
relative  humidity  frorr.  10  percent  to  70  percent 
after  exposure  i^f  tiie  dummy  l.o  these  cr.nditions 
for  a  period  of  n^.t  '.ess  than  i  hours. 


P. ART  5'-.. 


(i)  For  the  performances  tests  specified  in 
§§  572.8,  572.9,  and  572.10,  the  dummy  is  posi- 
tioned in  accordance  with  Figure  11  as  follows: 

(1)  The  dummy  is  placed  on  a  flat,  rigid,  smooth, 
clean,  dry,  horizontal,  steel  test  surface  whose 
length  and  width  dimensions  are  not  less  than  16 
inches,  so  that  the  dummy's  midsagittal  plane  is 
vertical  and  centered  on  the  test  surface  and  the 
rearmost  points  on  its  lower  legs  at  the  level  of  the 
test  surface  are  at  any  distance  not  less  than  5  in- 
ches and  not  more  than  6  inches  forward  of  the  for- 
ward edge  of  the  test  surface. 

(2)  The  pelvis  is  adjusted  so  that  the  upper  sur- 
face of  the  lumbar-pelvic  adapter  is  horizontal. 

(3)  The  shoulder  yokes  are  adjusted  so  that  they 
are  at  the  midpoint  of  their  anterior  posterior 
travel  with  their  upper  surfaces  horizontal. 

(4)  The  dummy  is  adjusted  so  that  the  rear  sur- 
faces of  the  shoulders  and  buttocks  are  tangent  to 
a  transverse  vertical  plane. 

(5)  The  upper  legs  are  positioned  symmetrically 
about  the  midsagittal  plane  so  that  the  distance 
between  the  knee  pivot  bolt  heads  is  11.6  inches. 

(6)  The  lower  legs  are  positioned  in  planes 
parallel  to  the  midsagittal  plane  so  that  the  lines 
between  the  midpoint  of  the  knee  pivots  and  the 
ankle  pivots  are  vertical. 

(j)  The  dummy's  dimensions,  as  specified  in 
drawing  number  SA  150  M002,  are  determined  as 
follows: 

(1)  With  the  dummy  seated  as  specified  in 
paragraph  (i),  the  head  is  adjusted  and  secured  so 
that  its  occiput  is  1.7  inches  forward  of  the 
transverse  vertical  plane  with  the  vertical  mating 
surface  of  the  skull  with  its  cover  parallel  to  the 
transverse  vertical  plane. 

(2)  The  thorax  is  adjusted  and  secured  so  that 
the    rear    surface    of   the    chest    accelerometer 


mounting  cavity  is  inclined  3°  forward  of  vertical. 

(3)  Chest  and  waist  circumference  and  chest 
depth  measurements  are  taken  with  the  dummy 
positioned  in  accordance  with  paragraph  (i),  (1)  and 
(2)  of  this  section. 

(4)  The  chest  skin  and  abdominal  sac  are  remov- 
ed and  all  following  measurements  are  made 
without  them. 

(5)  Seated  height  is  measured  from  the  seating 
surface  to  the  uppermost  point  on  the  head-skin 
surface. 

(6)  Shoulder  pivot  height  is  measured  from  the 
seating  surface  to  the  center  of  the  arm  elevation 
pivot. 

(7)  H-point  locations  are  measured  from  the 
seating  surface  to  the  center  of  the  holes  in  the 
pelvis  flesh  covering  in  line  with  the  hip  motion 
ball. 

(8)  Knee  pivot  distance  from  the  backline  is 
measured  to  the  center  of  the  knee  pivot  bolt  head. 

(9)  Knee  pivot  distance  from  floor  is  measured 
from  the  center  of  the  knee  pivot  bolt  head  to  the 
bottom  of  the  heel  when  the  foot  is  horizontal  and 
pointing  forward. 

(10)  Shoulder  width  measurement  is  taken  at 
arm  elevation  pivot  center  height  with  the 
centerlines  between  the  elbow  pivots  and  the 
shoulder  pivots  vertical. 

(11)  Hip  width  measurement  is  taken  at  widest 
point  of  pelvic  section. 

(k)  Performance  tests  of  the  same  component, 
segment,  assembly,  or  fully  assembled  dummy  are 
separated  in  time  by  a  period  of  not  less  than  30 
minutes  unless  otherwise  noted. 

(1)  Surfaces  of  dummy  components  are  not 
painted  except  as  specified  in  this  part  or  in  draw- 
ings subtended  by  this  part. 


PART  572-6 


HEAD  ASSY 

ARM  ASSY                                     ^^^  ^^ 

-^    SA  160M010 

SA1 50  M070  RIGHT                  (           \-^ 

SA1S0M071  LEFT    .               V          ) 

NECK  ASS'Y 

\  /        \ 

SA  1S0MO20 

LUMBAR  SPINE                   N/           ,..^^^^ 

^  SHOULDER  THORAX 
>      ASSY 

PELVIS  AND                          r          \ -~^ 

SA  1  60  M030 

ABDOMEN  ASSY  »\^             | 

r 

LEG  ASSY                       / 

SA1  50  M080  RIGHT 

SA  150  MOB  1  LEFT 

-^ 

FIGURE  NO.  1 

HEAD  POSITIONING  FOR  DROP  TESTS 


FIPl'RE  NO.  2 


DISPLACEMENT 


NErxr.DMTONENTTEJT 


SBIl  572-Sii'  .  • ::  R-ART  PA-'-L  J. 


INERTIAL  PROPERTIES  OF  PENDULUM 

WITHOUT  TEST  SPECIMEN. 

WEIGHT  65.2  LBS, 

MOMENT  OF  INERTIA  24.5  LB-FT  SEC 

ABOUT  PIVOT  AXIS 


CG  OF  PENDULUM 
APPARATUS  WITHOUT 
TEST  SPECIMEN 


ACCELEROMETER 


STRUCTURAL 
TUBE 


3Ej^" 


ALUMINUM  HONEYCOMB 

(HEXCELL  1.8LBS/CU.  FT.> 

REF. 


•  3"  X  6"  X  3/8"  PLATE   (SHARP  EDGES) 

'3/4"    '^  CG  OF  TEST  SPECIMEN 

FIGURE  NO.  4 
NECK  COMPONENT  TEST 


PART  572-Subpart  B-ART  PAGE  2 


FIGURE  NO 
FIGURE  NO.  6 


FIGURE  NO.  a 


(FOUR  PLACES! 


;  ROD  (ITEMS  F/04  AND  G/04 
DRAWING  NO,  SA  1  50M002  SHEET 
ATTACHMENT  TO  BEDPLATE 
WITH  3/8-24  BOLTS 


FIGURE  NO.  5 
LUMBAR  FLEXION  TEST 


2  314 


2-1/4 

U 1-1/4- 


r-^-i- 
' 1 ^ 


3/B  WIDE  SLOT  (TWO  PLACES) 
6X6  STRUCTURAL  STL.  ANGLE 


TOLERANCE  »  I/32" 


PART  572-Subpart  B-ART  PAGE  3 


r 


r" 

L-l    ,,.— 

--- 

L      , 

*       ,0 

-     /t  /I 

h-l  3/16- 

7 

1 1 1 

"^5/16    24    TAP  THRU  I  J  HOLESI 

FIGURE  NO    7 
MOUNTING  BRACKET-LUMBAR  TEST  FIXTURE 


TOLERANCE  t  1/64" 
MATERIAL    STEEL 
WELDED  CONSTRUCTION 


9/16  DRILL  THRU 
•  3/8    24  TAP  THRU  TOP  PLATE  &  I  '  f  LACES 

TOP  OF  TUBING  / 


21  1/2- 

1= ux 


i^  ^E^^^ 


■ 4 


[t5^rrr:::::v.^yjf^ 


9/16  DRILL  HOLE  %■ 


TOLERANCE    i.  1/32- 


FIGURE  NO  8 
BEDPLATE     LUMBAR  TEST  FIXTURE 


PART  572-Subpart  B-ART  PAGE  4 


rlT 


1.00— *H       -* 


¥t 


CONST:    ALUMINUM  OR  STL.  WELDMENT 
TOLERANCE:  t   .03  TWO     PLACES 
t  .005  THREE  PLACES 
.25  R 
I  PLACES 


3.000- 
-  3.50— 


CLEAR  DRILL 
FOR  10-32  SCREW 
4  PLACES 


J    .50     -« 


.25R  14  PLACES) 


90 

_ 

1 
i 

88 

80 

- 

1 

1 
1 

X 

.-^—73 

70 

'~ 

> 

r      y^ 

60 

— 

^ 

A 

/^ 

FORCE    50 
(LBS.( 

- 

^^ 

^ 

50 

40 

- 

^^^^ 

1 

30 

- 

^^^ 

20 

^^ 

^^              _^ 

y^ 

10 

^ 

1 

1                               1 

I 

0.25 

0.50                         a75 

DISPLACEMENT    INCHES 

FIGURE  NO.  10 

ABDOMEN  COMPONENT  TEST 

1.00 

1.30 

PART  572-Subpart  B-ART  PAGE  5 


FIGURE  No.  11 
UPRIGHT  SEATED  POSITION  FOR  LINEAR  MEASUREMENTS 


PART  572-Subpart  B-ART  PAGE 


Space  for  figures  12  thru  14 
reserved  for  future  use. 


PART  572-Subpart  B-ART  PAGE  7 


f^ 


Subpart  C-Three  Year  Old  Child 

§  572.15    General  description. 

(a)  The  dummy  consists  of  the  component 
assembhes  specified  in  drawing  SA  103C  001, 
which  are  described  in  their  entirety  by  means  of 
approximately  122  drawings  and  specifications  and 
an  Operation  and  Maintenance  Manual,  dated  May 
28,  1976.  The  drawings  and  specifications  are 
grouped  by  component  assemblies  under  the 
following  thirteen  headings: 

SA  103C  010    Head  Assembly 
SA  103C  020    Neck  Assembly 
SA  103C  030    Torso  Assembly 
SA  103C  041    Upper  Arm  Assembly  Left 
SA  103C  042    Upper  Arm  Assembly  Right 
SA  103C  051    Forearm  Hand  Assembly  Left 
SA  103C  052    Forearm  Hand  Assembly  Right 
SA  103C  061    Upper  Leg  Assembly  Left 
SA  103C  062    Upper  Leg  Assembly  Right 
SA  103C  071    Lower  Leg  Assembly  Left 
SA  103C  072    Lower  Leg  Assembly  Right 
SA  103C  081    Foot  Assembly  Left 
SA  103C  082    Foot  Assembly  Right 

(b)  The  drawings,  specifications,  and  operation 
and  maintenance  manual  referred  to  in  this  regula- 
tion that  are  not  set  forth  in  full  are  hearby  incor- 
porated in  this  Part  by  reference.  These  materials 
are  thereby  made  part  of  this  regulation.  The 
Director  of  the  Federal  Register  has  approved  the 
materials  incorporated  by  reference.  For  materials 
subject  to  change,  only  the  specific  version 
approved  by  the  Director  of  the  Federal  Register 
and  specified  in  the  regulation  are  incorporated.  A 
notice  of  any  change  will  be  published  in  the 
Federal  Register.  As  a  convenience  to  the  reader, 
the  materials  incorporated  by  reference  are  listed 
in  the  Finding  Aid  Table  found  at  the  end  of  this 
volume  of  the  Code  of  Federal  Regulations. 

(c)  The  materials  incorporated  by  reference  are 
available  for  examination  in  Docket  78-09,  Room 
5109,  Docket  Section,  National  Highway  Traffic 
Safety  Administration,  400  Seventh  Street  S.W., 
Washington,  D.C.  20590.  Copies  may  be  obtained 
from  Rowley-Scher  Reprographics,  Inc.,  1216  K 
Street,  N.W.,  Washington,  D.C.  20005,  ((202) 
628-6667).  The  materials  are  also  on  file  in  the 
reference  library  of  the  Federal  Register,  National 
Archives  and  Records  Administration,  Washington, 
D.C. 

(d)  Adjacent  segments  are  joined  in  a  manner 
such  that  throughout  the  range  of  motion  and  also 


under  simulated  crash-impact  conditions,  there 
is  no  contact  between  metallic  elements  except 
for  contacts  that  exist  under  static  conditions. 

(e)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  part  in 
every  respect  both  before  and  after  being  used  in 
vehicle  tests  specified  by  Standard  No.  213  of 
this  chapter  (§  571.213). 

(f)  The  patterns  of  all  cast  and  molded  parts 
for  reproduction  of  the  molds  needed  in  manufac- 
turing of  the  dummies  can  be  obtained  on  a  loan 
basis  by  manufacturers  of  the  test  dummies,  or 
others  if  need  is  shown,  from  the  Office  of 
Vehicle  Safety  Standards,  NHTSA,  400  Seventh 
Street  S.W.,  Washington,  D.C.  20590. 


§  572.16     Head. 

(a)  [The  head  consists  of  the  assembly 
designated  as  SA  103C  010  on  drawing  no.  SA 
103C  001,  and  conforms  to  either— 

(1)  each  item  specified  on  drawing  SA  103C 
002(B),  sheet  8;  or 

(2)  each  item  specified  on  drawing  SA  103C 
002,  sheet  8. 

(b)  When  the  head  is  impacted  by  a  test  probe 
specified  in  §  572.21(a)(1)  at  7  fps.,  then  the  peak 
resultant  acceleration  measured  at  the  location 
of  the  accelerometer  mounted  in  the  headform  in 
according  to  §  572.21(b)  is  not  less  than  95g,  and 
not  more  than  118g. 

(1)  The  recorded  acceleration-time  curve  for 
this  test  is  unimodal  at  or  above  the  50g  level, 
and  lies  at  or  above  that  level  for  intervals: 

(i)  in  the  case  of  the  head  assembly  specified  in 
paragraph  (a)(1)  of  this  section,  not  less  than  1.3 
milliseconds  and  not  more  than  2.0  milliseconds; 

(ii)  in  the  case  of  the  head  assembly  specified 
in  paragraph  (a)(2)  of  this  section,  not  less  than 
2.0  milliseconds  and  not  more  than  3.0 
milliseconds. 

(2)  The  lateral  acceleration  vector  shall  not  ex- 
ceed 7g.  (55  F.R.  30465-July  26,  1990.  Effective: 
August  27,  1990)1 

(c)  Test  Procedure: 

(1)  Seat  the  dummy  on  a  seating  surface  having 
a  back  support  as  specified  in  §  572.21(h)  and 
orient  the  dummy  in  accordance  with  §  572.21(h) 
and  adjust  the  joints  of  the  limbs  at  any  setting 
between    Ig  and   2g,   which  just  supports  the 


PART  572-7 


limbs'    weight    when    the    limbs    are    extended 
horizontally  forward. 

(2)  Adjust  the  test  probe  so  that  its  longitudinal 
centerline  is  at  the  forehead  at  the  point  of 
orthogonal  intersection  of  the  head 
midsagittal  plane  and  the  transverse  plane  which  is 
perpendicular  to  the  "Z"  axis  of  the  head 
(longitudinal  centerline  of  the  skull  anchor)  and  is 
located  0.6  +.1  inches  above  the  centers  of  the 
head  center  of  gravity  reference  pins  and  coincides 
within  2  degrees  with  the  line  made  by  the  in- 
tersection of  horizontal  and  midsagittal  planes 
passing  through  this  point. 

(3)  Adjust  the  dummy  so  that  the  surface  area 
on  the  forehead  immediately  adjacent  to  the  pro- 
jected longitudinal  centerline  of  the  test  probe  is 
vertical. 

(4)  Impact  the  head  with  the  test  probe  so  that  at 
the  moment  of  impact  the  probe's  longitudinal 
centerline  falls  within  2  degrees  of  a  horizontal  line 
in  the  dummy's  midsagittal  plane. 

(5)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

(6)  Allow  a  time  period  of  at  least  20  minutes 
between  successive  tests  of  the  head. 

§  572.17     Neck. 

1(a)(1)  The  neck  for  use  with  the  head  assembly 
described  in  §  572.16(a)(1)  consists  of  the  assembly 
designated  as  SA  103C  020  on  drawing  No.  SA 
103C  001,  and  conforms  to  each  item  specified  on 
drawing  No.  SA  103C  002(B),  sheet  9. 

(2)  The  neck  for  use  with  the  head  assembly 
described  in  §  572.16(a)(2)  consists  of  the  assembly 
designated  as  SA  103C  020  on  drawing  No.  SA 
103C  001,  and  conforms  to  each  item  specified  on 
drawing  No.  SA  103C  002,  sheet  9.  (55  F.R. 
30465— July  26,  1990.  Effective:  August  27,  1990)] 

(b)  When  the  head-neck  assembly  is  tested  in 
accordance  with  paragraph  (c)  of  this  section,  the 


Rotation 
(degrees) 

Time  (ms) 
±(2  +  .08T) 

Chorda! 
Displacement 
(inches  ±0.8) 

0.. 
30. 
60 

0 
21 
36 
62 
91 
108 
123 

0 

2.2 

43 

Maximum 

60 

5.8 
43 

?0 

22 

0.. 

0 

head  shall  rotate  in  reference  to  the  pendulum's 
longitudinal  centerline  a  total  of  84  degrees  ±  8 
degrees  about  its  center  of  gravity,  rotating  to  the 
extent  specified  in  the  following  table  at  each 
indicated  point  in  time,  measured  from  impact, 
with  the  chordal  displacement  measured  at  its 
center  of  gravity.  The  chordal  displacement  at 
time  T  is  defined  as  the  straight  line  distance 
between  (1)  the  position  relative  to  the  pendulum 
arm  of  the  head  center  of  gravity  at  time  zero,  and 
(2)  the  position  relative  to  the  pendulum  arm  of  the 
head  center  of  gravity  at  time  T  as  illustrated  by 
Figure  3.  The  peak  resultant  acceleration  recorded 
at  the  location  of  the  accelerometers  mounted  in 
the  headform  in  accordance  with  §  572.21(b)  shall 
not  exceed  30g.  The  pendulum  shall  not  reverse 
direction  until  the  head's  center  of  gravity  returns 
to  the  original  zero  time  position  relative  to  the 
pendulum  arm. 

(c)  Test  Procedure: 

(1)  Mount  the  head  and  neck  on  a  rigid  pendulum 
as  specified  in  Figure  4,  so  that  the  head's 
midsagittal  plane  is  vertical  and  coincides  with  the 
plane  of  motion  of  the  pendulum's  longitudinal 
centerline.  Mount  the  neck  directly  to  the 
pendulum  as  shown  in  Figure  15. 

(2)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  velocity  at  im- 
pact is  17.00  ±  1.0  feet  per  second  (fps),  measured 
at  the  center  of  the  accelerometer  specified  in 
Figure  4. 

(3)  Decelerate  the  pendulum  to  a  stop  with  an 
acceleration-time  pulse  described  as  follows: 

(i)  Establish  5g  and  20g  levels  on  the  a-t  curve. 

(ii)  Establish  ti  at  the  point  where  the  a-t 
curve  first  crosses  the  5g  level,  t2  at  the  point 
where  the  rising  a-t  curve  first  crosses  the  20g 
level,  U  at  the  point  where  the  decaying  a-t  curve 
last  crosses  the  20g  level,  and  t4  at  the  point 
where  the  decaying  a-t  curve  first  crosses  the  5g 
level. 

(iii)  t2-ti,  shall  be  not  more  than  4 
milliseconds. 

(iv)  t3-t2,  shall  be  not  less  than  18  and  not 
more  than  21  milliseconds. 

(v)  t4-t3,  shall  be  not  more  than  5  milliseconds. 

(vi)  The  average  deceleration  between  ta  and 
U  shall  be  not  less  than  20g  and  not  more  than 
34g. 


PART  572-8 


(4)  Allow  the  neck  to  flex  without  contact  of  the 
head  or  neck  with  any  object  other  than  the 
pendulum  arm. 

(5)  Allow  a  time  period  of  at  least  1  hour 
between  successive  tests  of  the  head  and  neck. 

§  572.18     Thorax. 

(a)  The  thorax  consists  of  the  part  of  the  torso 
shown  in  assembly  drawing  SA  103C  001  by 
number  SA  103C  030  and  conforms  to  each  of  the 
applicable  drawings  listed  under  this  number  on 
drawings  SA  108C  002,  sheets  10  and  11. 

(b)  When  impacted  by  a  test  probe  conforming 
to  §  572.21(a)  at  13  fps.  in  accordance  with 
paragraph  (c)  of  this  section,  the  peak  resultant  ac- 
celerations at  the  location  of  the  accelerometers 
mounted  in  the  chest  cavity  in  accordance  with 
§  572.21(c)  shall  be  not  less  than  50g  and  not  more 
than  70g.  The  acceleration-time  curve  for  the  test 
shall  be  unimodal  at  or  above  the  30g  level  and 
shall  lie  at  or  above  the  30g  level  for  an  interval  not 
less  than  2.5  milliseconds  and  not  more  than  4.0 
milliseconds.  The  lateral  acceleration  shall  not 
exceed  5g. 

(c)  Test  Procedure: 

(1)  With  the  dummy  seated  without  back  sup- 
port on  a  surface  as  specified  in  §  572.21(h)  and 
oriented  as  specified  in  §  572.21(h),  adjust  the 
dummy  arms  and  legs  until  they  are  extended 
horizontally  forward  parallel  to  the  midsagittal 
plane,  the  joints  of  the  limbs  are  adjusted  at  any 
setting  between  Ig  and  2g,  which  just  supports  the 
limbs'  weight  when  the  limbs  are  extended 
horizontally  forward. 

(2)  Establish  the  impact  point  at  the  chest  mid- 
sagittal  plane  so  that  it  is  1.5  inches  below  the 
longitudinal  centerline  of  the  bolt  that  attaches  the 
top  of  the  ribcage  sternum  to  the  thoracic  spine 
box. 

(3)  Adjust  the  dummy  so  that  the  tangent  plane 
at  the  surface  on  the  thorax  immediately  adjacent 
to  the  designated  impact  point  is  vertical  and 
parallel  to  the  face  of  the  test  probe. 

(4)  Place  the  longitudinal  centerline  of  the  test 
probe  to  coincide  with  the  designated  impact  point 
and  align  the  test  probe  so  that  at  impact  its 
longitudinal  centerline  coincides  within  2  degrees 
with  the  line  formed  by  intersection  of  the  horizon- 
tal and  midsagittal  planes  passing  through  the 
designated  impact  point. 


(5)  Impact  the  thorax  with  the  test  probe  so  that 
at  the  moment  of  impact  the  probe's  longitudinal 
centerline  falls  within  2  degrees  of  a  horizontal  line 
in  the  dummy  midsagittal  plane. 

(6)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical  or  rota- 
tional movement. 

(7)  Allow  a  time  period  of  at  least  20  minutes 
between  successive  tests  of  the  chest. 

§  572.19  Lumbar  spine,  abdomen  and  pelvis. 

(a)  The  lumbar  spine,  abdomen,  and  pelvis  con- 
sist of  the  part  of  the  torso  assembly  shown  by 
number  SA  103C  030  on  drawing  SA  103C  001  and 
conform  to  each  of  the  applicable  drawings  listed 
under  this  number  on  drawing  SA  103C  002, 
sheets  10  and  11. 

(b)  When  subjected  to  continuously  applied  force 
in  accordance  with  paragraph  (c)  of  this  section, 
the  lumbar  spine  assembly  shall  flex  by  an  amount 
that  permits  the  rigid  thoracic  spine  to  rotate  from 
its  initial  position  in  accordance  with  Figure  18  of 
this  subpart  by  40  degrees  at  a  force  level  of  not 
less  than  34  pounds  and  not  more  than  47  pounds, 
and  straighten  upon  removal  of  the  force  to  within 
5  degrees  of  its  initial  position. 

(c)  Test  Procedure:  (1)  The  dummy  with  lower 
legs  removed  is  positioned  in  an  upright  seated 
position  on  a  seat  as  indicated  in  Figure  18,  ensur- 
ing that  all  dummy  component  surfaces  are  clean, 
dry  and  untreated  unless  otherwise  specified. 

(2)  Attach  the  pelvis  to  the  seating  surface  by  a 
bolt  C/328,  modified  as  shown  in  Figure  18,  and 
the  upper  legs  at  the  knee  axial  rotation  joints  by 
the  attachments  shown  in  Figure  18.  Tighten  the 
mountings  so  that  the  pelvis-lumbar  joining  sur- 
face is  horizontal  and  adjust  the  femur  ball-flange 
screws  at  each  hip  socket  joint  to  50  inch  pounds 
torque.  Remove  the  head  and  the  neck  and  install  a 
cylindrical  aluminum  adapter  2.0  inches  in 
diameter  and  2.80  inches  long  in  place  of  the  neck. 

(3)  Flex  the  thorax  forward  50  degrees  and  then 
rearward  as  necessary  to  return  to  its  initial  posi- 
tion in  accordance  with  Figure  18  unsupported  by 
external  means. 

(4)  Apply  a  forward  pull  force  in  the  midsagittal 
plane  at  the  top  of  the  neck  adapter,  so  that  at  40 
degrees  of  the  lumbar  spine  flexion  the  applied 
force  is  perpendicular  to  the  thoracic  spine  box. 


PART  572- 


Apply  the  force  at  any  torso  deflection  rate 
between  0.5  and  1.5  degrees  per  second  up  to  40 
degrees  of  flexion  but  no  further;  continue  to  apply 
for  10  seconds  the  force  necessary  to  maintain  40 
degrees  of  flexion,  and  record  the  highest  applied 
force  at  that  time.  Release  all  force  as  rapidly  as 
possible  and  measure  the  return  angle  3  minutes 
after  the  release. 

§  572.20     Limbs. 

The  limbs  consist  of  the  assemblies  shown  on 
drawing  SA  103C  001  as  Nos.  SA  103C  041,  SA 
103C  042,  SA  103C  051,  SA  103C  052,  SA  103C 
061,  SA  103C  062,  SA  103C  071,  SA  103C  072,  SA 
103C  081,  SA  103C  082,  and  conform  to  each  of  the 
applicable  drawings  listed  under  their  respective 
numbers  of  the  drawing  SA  103C  002,  sheets  12 
through  21. 

§  572.21     Test  conditions  and  instrumentation. 

[(a)(1)  The  test  probe  used  for  head  and  thoracic 
impact  tests  is  a  cylinder  3  inches  in  diameter,  13.8 
inches  long  and  weighs  10  lbs.,  6  ozs.  Its  impacting 
end  has  a  flat  right  face  that  is  rigid  and  that  has 
an  edge  radius  of  0.5  inches. 

(2)  The  head  and  thorax  assembly  may  be  instru- 
mented with  a  Type  A  or  Type  C  accelerometer. 

(i)  Type  A  accelerometer  is  defined  in  drawing 

SA-572  SI. 
(ii)  Type  C  accelerometer  is  defined  in  drawing 

SA-572  S2. 

(b)  Head  Accelerometer s.  Install  one  of  the 
triaxial  accelerometers  specified  in  §  572.21(a)(2) 
on  a  mounting  block  located  on  the  horizontal 
transverse  bulkhead  as  shown  in  the  drawings 
subreferenced  under  assembly  SA  103C  010  so 
that  the  seismic  mass  centers  of  each  sensing  ele- 
ment are  positioned  as  specified  in  this  paragraph, 
relative  to  the  head  accelerometer  reference  point 
located  at  the  intersection  of  a  line  connecting  the 
longitudinal  centerlines  of  the  transfer  pins  in  the 
side  of  the  dummy  head  with  the  midsagittal  plane 
of  the  dummy  head. 

(1)  The  sensing  elements  of  the  Type  C  triaxial 
accelerometer  are  aligned  as  follows: 

(i)  Align  one  sensitive  axis  parallel  to  the  ver- 
tical bulkhead  and  coincident  with  the  midsagit- 
tal plane,  with  the  seismic  mass  center  located 
0.2  inches  dorsal  to,  and  0.1  inches  inferior  to  the 
head  accelerometer  reference  point. 


(ii)  Align  the  second  sensitive  axis  with  the 
horizontal  plane,  perpendicular  to  the  midagittal 
plane,  with  the  seismic  mass  center  located  0.1  in- 
ches inferior,  0.4  inches  to  the  right  of,  and  0.9 
inches  dorsal  to  the  head  accelerometer  reference 
point. 

(iii)  Align  the  third  sensitive  axis  so  that  it  is 
parallel  to  the  midsagittal  and  horizontal  planes, 
with  the  seismic  mass  center  located  0.1  inches  in- 
ferior to,  0.6  inches  dorsal  to,  and  0.4  inches  to  the 
right  of  the  head  accelerometer  reference  point. 

(iv)  All  seismic  mass  centers  are  positioned  with 
±0.05  inches  of  the  specified  locations. 
(2)  The  sensing  elements  of  the  Type  A  triaxial 
accelerometer  are  aligned  as  follows: 

(i)  Align  one  sensitive  axis  parallel  to  the  vertical 
bulkhead  and  coincident  with  midsagittal  planes, 
with  the  seismic  mass  center  located  from  0.2  to 
0.47  inches  dorsal  to,  from  0.01  inches  inferior  to 
0.21  inches  superior,  and  from  0.0  to  0.17  inches 
left  of  the  head  accelerometer  reference  point. 

(ii)  Align  the  second  sensitive  axis  with  the 
horizontal  plane  perpendicular  to  the  medsagittal 
plane,  with  the  seismic  mass  center  located  0. 1  to 
0.13  inches  inferior  to,  0.17  to  0.4  inches  to  the 
right  of,  and  0.47  to  0.9  inches  dorsal  of  the  head 
accelerometer  reference  point. 

(iii)  Align  the  third  sensitive  axis  so  that  it  is 
parallel  to  the  midsagittal  and  horizontal  planes, 
with  the  seismic  mass  center  located  0.1  inches  in- 
ferior to,  0.6  inches  dorsal  to,  and  0.4  inches  to  the 
right  of  the  head  accelerometer  reference  point. 

(c)  Th/yrax  Accelerometers.  Install  one  of  the  triax- 
ial accelerometers  specified  in  §  572.21  (aX2)  on  a 
mounting  plate  attached  to  the  vertical  transverse 
bulkhead  shown  in  the  drawing  subreferenced  under 
assembly  NO.  SA  103C  030  in  drawing  SA  103  001, 
so  that  the  seismic  mass  centers  of  each  sensing  ele- 
ment are  positioned  as  specified  in  this  paragraph, 
relative  to  the  thorax  accelerometer  reference  point 
located  in  the  midsagittal  plane  3  inches  above  the 
top  surface  of  the  lumbar  spine,  0.3  inches  doral  to 
the  accelerometer  mounting  plate  surface. 

(1)  The  sensing  elements  of  the  Type  C  triaxial  ac- 
celerometer are  aligned  as  follows: 

(i)  Align  one  sensitive  axis  parallel  to  the  vertical 
bulkhead  and  midsagittal  planes,  with  seismic  mass 
center  located  0.2  inches  to  the  left  of,  0.1  inches 
inferior  to,  and  0.2  inches  ventral  to  the  thorax 
accelerometer  reference  point. 


(Rev.  7/26/90) 


PART  572-10 


(ii)  Align  the  second  sensitive  axis  so  that  it  is 
in  the  horizontal  transverse  plane,  and  perpen- 
dicular to  the  midsagittal  plane,  with  the  seismic 
mass  center  located  0.2  inches  to  the  right  of,  0.1 
inches  inferior  to,  and  0.2  inches  ventral  to  the 
thorax  accelerometer  reference  point. 

(iii)  Align  the  third  sensitive  axis  so  that  it  is 
parallel  to  the  midsagittal  and  horizontal  planes, 
with  the  seismic  mass  center  located  0.2  inches 
superior  to,  0.5  inches  to  the  right  of,  and  0.1  in- 
ches ventral  to  the  thorax  accelerometer  reference 
points. 

(iv)  All  seismic  mass  centers  shall  be  positioned 
within  ±0.05  inches  of  the  specified  locations. 

(2)  The  sensing  elements  of  the  Type  A  triaxial 
accelerometer  are  aligned  as  follows: 

(i)  Align  one  sensitive  axis  parallel  to  the  ver- 
tical bulkhead  and  midsagittal  planes,  with  the 
seismic  mass  center  located  from  0.2  inches  left 
to  0.28  inches  right,  from  0.5  to  0.15  inches  in- 
ferior to,  and  from  0.15  to  0.25  inches  ventral  of 
the  thorax  accelerometer  reference  point. 

(ii)  Align  the  second  sensitive  axis  so  that  it  is 
in  the  horizontal  transverse  plane  and  perpen- 
dicular to  the  midsagittal  plane,  with  the  seismic 
mass  center  located  from  0.06  inches  left  to  0.2 
inches  right  of,  from  0.1  inches  inferior  to  0.24 
inches  superior,  and  0.15  to  0.25  inches  ventral 
to  the  thorax  accelerometer  reference  point. 

(iii)  Align  the  third  sensitive  axis  so  that  it  is 
parallel  to  the  midsagittal  and  horizontal  planes, 
with  the  seismic  mass  center  located  0.15  to  0.25 
inches  superior  to,  0.28  to  0.5  inches  to  the  right 
of,  and  from  0.1  inches  ventral  to  0.19  inches 
dorsal  to  the  thorax  accelerometer  reference 
point.  (55  F.R.  30465— July  26,  1990.  Effective: 
August  27,  1990)1 

(d)  The  outputs  of  accelerometers  installed  in 
the  dummy,  and  of  test  apparatus  specified  by  this 
part,  are  recorded  in  individual  data  channels  that 
conform  to  the  requirements  of  SAE  Recom- 
mended Practice  J211a,  December  1971,  with 
channel  classes  as  follows: 

(1)  Head  acceleration-Class  1,000. 

(2)  Pendulum  acceleration— Class  60. 

(3)  Thorax  acceleration-Class  180. 

(e)  The  mountings  for  accelerometers  have  no 
resonance  frequency  less  than  3  times  the  cut-off 
frequency  of  the  applicable  channel  class. 


(f)  Limb  joints  are  set  at  the  force  between  l-2g, 
which  just  supports  the  limbs'  weight  when  the 
limbs  are  extended  horizontally  forward.  The  force 
required  to  move  a  limb  segment  does  not  exceeed 
2g  throughout  the  range  of  limb  motion. 

(g)  Performance  tests  are  conducted  at  any 
temperature  from  66°  F  to  78°  F  and  at  any 
relative  humidity  from  10  percent  to  70  percent 
after  exposure  of  the  dummy  to  these  conditions 
for  a  period  of  not  less  than  4  hours. 

(h)  For  the  performance  tests  specified 
§§  572.16,  572.18,  and  572.19,  the  dummy  is 
positioned  in  accordance  with  Figures  16,  17,  and 
18  as  follows: 

(1)  The  dummy  is  placed  on  a  flat,  rigid,  clean, 
dry,  horizontal  surface  of  teflon  sheeting  with  a 
smoothness  of  40  microinches  and  whose  length 
and  width  dimensions  are  not  less  than  16  inches, 
so  that  the  dummy's  midsagittal  plane  is  vertical 
and  centered  on  the  test  surface.  For  head  tests, 
the  seat  has  a  vertical  back  support  whose  top  is 
12.4  ±0.2  inches  above  the  seating  surface.  The 
rear  surfaces  of  the  dummy's  shoulders  and  but- 
tocks are  touching  the  back  support  as  shown  in 
Figure  16.  For  thorax  and  lumbar  spine  tests,  the 
seating  surface  is  without  the  back  support  as 
shown  in  Figures  17  and  18  respectively. 

(2)  The  shoulder  yokes  are  adjusted  so  that  they 
are  at  the  midpoint  of  their  anterior-posterior 
travel  with  their  upper  surfaces  horizontal. 

(3)  The  dummy  is  adjusted  for  head  impact  and 
lumbar  flexion  tests  so  that  the  rear  surfaces  of  the 
shoulders  and  buttocks  are  tangent  to  a  transverse 
vertical  plane. 

(4)  The  arms  and  legs  are  positioned  so  that 
their  centerlines  are  in  planes  parallel  to  the 
midsagittal  plane. 

(i)  The  dummy's  dimensions  are  specified  in 
drawings  No.  SA  103C  002,  sheets  22  through  26. 

(j)  Performance  tests  of  the  same  component, 
segment,  assembly  or  fully  assembled  dummy  are 
separated  in  time  by  a  period  of  not  less  than  20 
minutes  unless  otherwise  specified. 

(k)  Surfaces  of  the  dummy  components  are  not 
painted  except  as  specified  in  this  part  or  in 
drawings  subtended  by  this  part. 


(Rev.  7/26/90) 


PART  572-11 


INEHTIAL  PROPERTIES  OF  PENDULUM 

WITHOUT  TEST  SPECIMEN. 

WEIGHT  65.2  LBS. 

MOMENT  OF  INERTIA  24.5  LB-FT  SEC^ 

ABOUT  PIVOT  AXIS 


CG  OF  PENDULUM 


ACCELEROMETER 


5  11/16"  REF 


ALUMINUM  HONEYCOMB 

(HEXCELL1.8LBS/CU.  FT.) 

REF. 


3-  X  6"  X  3/8"  PLATE   (SHARP  EDGES) 

•  CG  OF  TEST  SPECIMEN  LEADING  EDGE  OF  NECK 
MUST  BE  ALLIGNED  WITH 
LEADING  EDGE  OF  PENDULUM 


FIGURE  NO.  15 
NECK  COMPONENT  TEST 


PART  572-Subpart  C-ART  PAGE  1 


r 


IMPACTOR  SUPPORT  WIRE 


FIGURE  NO.  16 
HEAD  IMPACT  TEST 


PART  572-Subpart  C-ART  PAGE  2 


IMPACTOR  FACE  TO  BE  VERTICAL^  2° 
AT  CONTACT  OF  CHEST 


MPACTOR  SUPPORT  WIRE 


FIGURE  NO.  17 
CHEST  IMPACT  TEST 


PART  572-Subpart  C-ART  PAGE  3 


DRILL  .53  THRU 


PULL  FORCE  IN  THE  MID-SAGITTAL 
PLANE  PERPENDICULAR  TO  THE  CHEST 
INSTRUMENT  CAVITY  REAR  FACE. 


'/2-2O  SOC.  HD.  SCR.  WELDED 
TO  C 328  SCR. BOLTED 
THROUGH  TABLE 


Q 


UPPER  LEGS 
SECURED  BY 
BOLT 
THROUGH  TABLE 


METAL  TABLE 


FIGURE  NO.  18 
LUMBAR-SPINE  FLEXION  TEST 


PART  572-Subpart  C-ART  PAGE  4 


Subpart  D— Six-Month-Old  Infant 

§  572.25    General  Description. 

(a)  The  infant  dummy  is  specified  in  its  entirety 
by  means  of  5  drawings  (No.  SA  1001)  and  a  con- 
struction manual,  dated  July  2,  1974,  which 
describe  in  detail  the  materials  and  the  procedures 
involved  in  the  manufacturing  of  this  dummy. 

(b)  The  drawings,  specifications,  and  construc- 
tion manual  referred  to  in  this  regulation  that  are 
not  set  forth  in  full  are  hereby  incorporated  in  this 
part  by  reference.  These  materials  are  thereby 
made  part  of  this  regulation.  The  Director  of  the 
Federal  Register  has  approved  the  materials  incor- 
porated by  reference.  For  materials  subject  to 
change,  only  the  specific  version  approved  by  the 
Director  of  the  Federal  Register  and  specifed  in 
the  regulation  are  incorporated.  A  notice  of  any 
change  will  be  published  in  the  Federal  Register. 
As  a  convenience  to  the  reader,  the  materials  in- 
corporated by  reference  are  listed  in  the  Finding 
Aid  Table  found  at  the  end  of  this  volume  of  the 
Code  of  Federal  Regulations. 

(c)  The  materials  incorporated  by  reference  are 
available  for  examination  in  Docket  78-09,  Room 
5109,  Docket  Section,  National  Highway  Traffic 
Safety  Administration,  400  Seventh  Street,  S.W., 
Washington,  D.C.  20590.  Copies  may  be  obtained 
from  Rowley-Scher  Reprographics,  Inc.,  1111  14th 
Street,  N.W.,  Washington,  D.C.  20005,  ((202) 
628-6667  or  408-8789).  The  materials  are  also  on 
file  in  the  reference  library  of  the  Office  of  the 
Federal  Register,  National  Archives  and  Records 
Administration  ,  Washington,  D.C. 

(d)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  part  in  every 
respect  both  before  and  after  being  used  in  vehicle 
tests  specified  in  Standard  No.  213  of  this  chapter 
(S  571.213). 

Subpart  E— Hybrid  III  Test  Dummy 

Source:  51  FR  26701,  July  25,  1986,  unless  other- 
wise noted. 

Effective  Date  Note  and  Optional  Compliance 
Prmisions:  At  51  FR  26701,  July  25,  1986,  Subpart 
E— Hybrid  III  Test  Dummy  was  added,  effective 
October  23,  1986.  As  of  that  date,  manufacturers 
have  the  option  of  using  either  the  Part  572  test 
dummy  (Subpart  B)  or  the  Hybrid  HI  test  dummy 
until  Au,gv^t  31,  1991.  As  of  September  1,  1991,  the 
Hybrid  HI  will  replace  the  Part  572  test  dummy 
(Subpart  B)  and  be  used  as  the  exclusive  means  of 


determining  a  vehicle's  conformance  with  the  per- 
formance requirements  of  Standard  No.  208 
f§  571.208). 

§  572.30    Incorporated  Materials. 

(a)  The  drawings  and  specifications  referred  to 
in  this  regulation  that  are  not  set  forth  in  full  are 
hereby  incorporated  in  this  part  by  reference.  The 
Director  of  the  Federal  Register  has  approved  the 
materials  incorporated  by  reference.  For  materials 
subject  to  change,  only  the  specific  version  ap- 
proved by  the  Director  of  the  Federal  Register  and 
specified  in  the  regulation  are  incorporated.  A 
notice  of  any  change  will  be  published  in  the 
Federal  Register.  As  a  convenience  to  the  reader, 
the  materials  incorporated  by  reference  are  listed 
in  the  Finding  Aid  Table  found  at  the  end  of  this 
volume  of  the  Code  of  Federal  Regulations. 

(b)  The  materials  incorporated  in  this  part  by 
reference  are  available  for  examination  in  the 
general  reference  section  of  Docket  79-04,  Docket 
Section,  National  Highway  Traffic  Safety  Ad- 
ministration, Room  5109,  400  Seventh  Street, 
S.W.,  Washington,  D.C.  20590.  Copies  may  be  ob- 
tained from  Rowley-Scher  Reprographics,  Inc., 
1216  K  Street,  N.W.,  Washington,  D.C.  20005, 
( (202)  628-6667).  The  drawings  and  specifications 
are  also  on  file  in  the  reference  library  of  the  Office 
of  the  Federal  Register,  National  Archives  and 
Records  Administration,  Washington,  D.C. 

§  572.31     General  Description. 

(a)  The  Hybrid  III  50th  percentile  size  dummy 
consists  of  components  and  assemblies  specified  in 
the  Anthropomorphic  Test  Dummy  drawings  and 
specifications  package  which  consists  of  the  follow- 
ing six  items: 

(1)  The  Anthropomorphic  Test  Dummy  Parts 
List,  dated  [December  15,  1987],  and  containing 
13  pages,  and  Parts  list  Index,  dated  [December 
15,  19871,  containing  [81  pages, 

(2)  A  listing  of  Optional  Hybrid  HI  Dummy  Trans- 
ducers, dated  April  22,  1986,  contain  4  pages. 

(3)  A  General  Motors  Drawing  package  iden- 
tified by  GM  drawing  No.  78051-218  revision  [Rl 
and  subordinate  drawings. 

(4)  Disassembly,  Inspection,  Assembly  and 
Limbs  Adjustment  Procedures  for  the  Hybrid  III 
Dummy,  dated  July  15,  1986, 

(5)  Sign  Convention  for  the  signal  outputs  of 
Hybrid  III  Dummy  Transducers,  dated  July  15, 1986, 


(Rev.  3/17/88) 


PART  572-13 


(6)  Exterior  Dimensions  of  the  Hybrid  III 
Dummy,  dated  July  15,  1986. 

(b)  The  dummy  is  made  up  of  the  following  com- 
ponent assemblies: 

Drauring  Number  Revision 

78051-61  Head  Assembly-Complete-  (T) 

78051-90  Neck  Assembly-Complete-  (A) 

78051-89  Upper  Torso  Assembly-Complete-  |(K)1 

78051-70  Lower  Torso  Assembly-Without 

Pelvic  Instrumentation  Assembly, 
Drawing  Number  78051-59  I(D)I 

86-5001-001  Leg  Assembly-Complete  (LH)-  [(E)l 
86-5001-002  Leg  Assembly-Complete  (RH)-  I(E)1 
78051-123  Arm  Assembly-Complete  (LH)-  (D) 
78051-124        Arm  Assembly-Complete  (RH)-        (D) 

(c)  Any  specifications  and  requirements  set  forth 
in  this  part  supercede  those  contained  in  General 
Motors  Drawing  No.  78051-218,  revision  P. 

(d)  Adjacent  segments  are  joined  in  a  manner 
such  that  throughout  the  range  of  motion  and  also 
under  crash-impact  conditions,  there  is  no  contact 
between  metallic  elements  except  for  contacts  that 
exist  under  static  conditions. 

(e)  The  weights,  inertial  properties  and  centers 
of  gravity  location  of  component  assemblies  shall 
conform  to  those  listed  in  drawing  78051-338, 
revision  S. 

(f)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  part  in  every 
respect  both  before  and  after  being  used  in  vehicle 
test  specified  in  Standard  No.  208  of  this  Chapter 
(S  571.208).  (53  F.R.  8755-March  17,  1988.  Effec- 
tive: March  17,  1988)1 

§  572.32     Head. 

(a)  The  head  consists  of  the  assembly  shown  in 
the  drawing  78051-61,  revision  T,  and  shall  con- 
form to  each  of  the  drawings  subtended  therein. 

(b)  When  the  head  (drawing  78051-61,  revision 
T)  with  neck  transducer  structural  replacement 
(drawing  78051-383,  revision  F)  is  dropped  from  a 
height  of  14.8  inches  in  accordance  with  paragraph 
(c)  of  this  section,  the  peak  resultant  accelerations 
at  the  location  of  the  accelerometers  mounted  in 
the  head  in  accordance  with  572.36(c)  shall  not  be 
less  than  225g,  and  not  more  than  275g.  The  ac- 
celeration/time curve  for  the  test  shall  be  unimodal 
to  the  extent  that  oscillations  occurring  after  the 
main  acceleration  pulse  are  less  than  ten  percent 


(zero  to  peak)  of  the  main  pulse.  The  lateral 
acceleration  vector  shall  not  exceed  15g  (zero  to 
peak). 

(c)  Test  Procedure.  (1)  Soak  the  head  assembly 
in  a  test  environment  at  any  temperature  between 
66  degrees  F  to  78  degrees  F  and  at  a  relative 
humidity  from  10%  to  70%  for  a  period  of  at  least 
four  hours  prior  to  its  application  in  a  test. 

(2)  Clean  the  head's  skin  surface  and  the  surface 
of  the  impact  plate  with  1,1,1  Trichlore thane  or 
equivalent. 

(3)  Suspend  the  head,  as  shown  in  Figure  19,  so 
that  the  lowest  point  on  the  forehead  is  0.5  inches 
below  the  lowest  point  on  the  dummy's  nose  when 
the  midsagittal  plane  is  vertical. 

(4)  Drop  the  head  from  the  specified  height  by 
means  that  ensure  instant  release  onto  a  rigidly 
supported  flat  horizontal  steel  plate,  which  is  2 
inches  thick  and  2  feet  square.  The  plate  shall  have 
a  clean,  dry  surface  and  any  microfinish  of  not  less 
than  8  microinches  (rms)  and  not  more  than  80 
microinches  (rms). 

(5)  Allow  at  least  2  hours  between  successive 
tests  on  the  same  head. 

§  572.33     Neck. 

(a)  The  neck  consists  of  the  assembly  shown  in 
drawing  78051-90,  revision  A  and  conforms  to 
each  of  the  drawings  subtended  therein. 

(b)  When  the  neck  and  head  assembly  (con- 
sisting of  the  parts  78051-61,  revision  T;  -84; 
-90,  revision  A;  -96;  -98;  -303,  revision  E; 
-305;  -306;  -307,  revision  X,  which  has  a  neck 
transducer  (drawing  83-5001-008)  installed  in  con- 
formance with  572.36(d),  is  tested  in  accordance 
with  paragraph  (c)  of  this  section,  it  shall  have  the 
following  characteristics: 

(1)  Flexion,  (i)  Plane  D,  referenced  in  Figure 
20,  shall  rotate  between  64  degrees  and  78 
degrees,  which  shall  occur  between  57 
milliseconds  (ms)  and  64  ms  from  time  zero.  In 
first  rebound,  the  rotation  of  plane  D  shall  cross 
0  degrees  between  113  ms  and  128  ms. 

(ii)  The  moment  measured  by  the  neck 
transducer  (drawing  83-5001-008)  about  the 
occipital  condyles,  referenced  in  Figure  20,  shall 
be  calculated  by  the  following  formula:  Moment 
(Ibs-ft)  =  My  -(-  0.02875  x  Fx'  where  My  is  the 
moment  measured  in  Ibs-ft  by  the  moment  sen- 
sor of  the  neck  transducer  and  Fy  is  the  force 


PART  572-14 


measured  in  lbs  by  the  x  axis  force  sensor  of  the 
neck  transducer.  The  moment  shall  have  a  max- 
imum value  between  65  Ibs-ft  occurring  between 
47  ms  and  58  ms,  and  the  positive  moment  shall 
decay  for  the  first  time  to  0  Ib-ft  between  97  ms 
and  107  ms. 

(2)  Extension,  (i)  Plane  D,  referenced  in  Figure 
21,  shall  rotate  between  81  degrees  and  106 
degrees,  which  shall  occur  between  72  and  82  ms 
from  time  zero.  In  first  rebound,  the  rotation  of 
plane  D  shall  cross  0  degree  between  147  and 
174  ms. 

(ii)  The  moment  measured  by  the  neck 
transducer  (drawing  83-5001-008)  about  the 
occipital  condyles,  referenced  in  Figure  21,  shall 
be  calculated  by  the  following  formula:  Moment 
(Ibs-ft)  =  My  +  0.02875  x  Fx'  where  My  is  the 
moment  measured  in  Ibs-ft  by  the  moment  sensor 
of  the  neck  transducer  and  F^  is  the  force 
measure  measured  in  lbs  by  the  x  axis  force 
sensor  of  the  neck  transducer.  The  moment  shall 
have  a  minimum  value  between  -39  Ibs-ft  and 
-  59  Ibs-ft,  which  shall  occur  between  65  ms  and 
79  ms,  and  the  negative  moment  shall  decay  for 
the  first  time  to  0  Ib-ft  between  120  ms  and 
148  ms. 

(3)  Time  zero  is  defined  as  the  time  of  contact 
between  the  pendulum  striker  plate  and  the 
aluminum  honeycomb  material. 

(c)  Test  Procedure.  (1)  Soak  the  test  material  in 
a  test  environment  at  any  temperature  between  69 
degrees  F  to  72  degrees  F  and  at  a  relative 
humidity  from  10%  to  70%  for  a  period  of  at  least 
four  hours  prior  to  its  application  in  a  test. 

(2)  Torque  the  jamnut  (78051-64)  on  the  neck 
cable  (78051-301,  revision  E)  to  1.0  Ibs-ft  ±.  Ibs-ft. 

(3)  Mount  the  head-neck  assembly,  defined  in 
paragraph  (b)  of  this  section,  on  a  rigid  pendulum 
as  shown  in  Figure  22  so  that  the  head's  midsagit- 
tal  plane  is  vertical  and  coincides  with  the  plane  of 
motion  of  the  pendulum's  longitudinal  axis. 

(4)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  tangential  veloc- 
ity at  the  pendulum  accelerometer  centerline  at  the 
instance  of  contact  with  the  honeycomb  is  23.0 
ft/sec  ±  0.4  ft/sec.  for  flexion  testing  and  19.9 
ft/sec  ±  0.4  ft/sec.  for  extension  testing.  The  pen- 
dulum deceleration  vs.  time  pulse  for  flexion 
testing  shall  conform  to  the  characteristics  shown 
in  Table  A  and  the  decaying  deceleration-time  curve 


shall  first  cross  5g  between  34  ms  and  42  ms.  The 
pendulum  deceleration  vs.  time  pulse  for  extension 
testing  shall  conform  to  the  characteristics  shown 
in  Table  B  and  the  decaying  deceleration-time 
curve  shall  cross  5g  between  38  ms  and  46  ms. 

Table  A 
Flexion  Pendulum  Deceleration  vs.  Time  Pulse 


Time  (ms) 

Flesion 

deceleration 

level  (g) 

10                                                .  .    . 

22.50—27.50 

20    

17.60-22.60 

30                                            

12.50-18.50 

Any  other  time  above  30  ms 

29  maximum 

Table  B 
Extension  Pendulum  Deceleration  vs.  Time  Pulse 


Time  (ms) 

Extension 

deceleration 

level  (g) 

10 

17.20—21.00 

20    

14.00-19.00 

30                                                  .    . 

11.00-16.00 

Any  other  time  above  30  ms 

22  maximum 

(5)  Allow  the  neck  to  flex  without  impact  of  the 
head  or  neck  with  any  object  during  the  test. 

§  572.34    Thorax. 

(a)  The  thorax  consists  of  the  upper  torso 
assembly  in  drawing  78051-89,  revision  IKl  and  shall 
conform  to  each  of  the  drawings  subtended  therein. 

(b)  [When  impacted  by  a  test  probe  conforming 
to  S  572.36(a)  at  22  fps  ±  .40  fps  in  accordance  with 
paragraph  (c)  of  this  section,  the  thorax  of  a  com- 
plete dummy  assembly  (78051-218,  revision  R)  with 
left  and  right  shoes  (78051-294  and  -295)  removed, 
shall  resist  with  a  force  of  1242.5  pounds  ±  82.5 
pounds  measured  by  the  test  probe  and  shall  have  a 
sternum  displacement  measured  relative  to  spine  of 
2.68  inches  ±0.18  inches.  The  internal  hysteresis  in 
each  impact  shall  be  more  than  69%  but  less  than 
85%.  The  force  measured  is  the  product  of  pen- 
dulum mass  and  deceleration.)  (53  F.R.  8755— March 
17,  1988.  Effective:  March  17,  1988) 


(Rev.  3/17/88) 


PART  572-15 


(c)  Test  procedure.  (1)  Soak  the  test  dummy  in 
an  environment  with  a  relative  humidity  from  10% 
to  70%  until  the  temperature  of  the  ribs  of  the  test 
dummy  have  stabilized  at  a  temperature  between 
69  degrees  F  and  72  degrees  F. 

(2)  [Seat  the  dummy  without  back  and  arm  sup- 
ports on  a  surface  as  shown  in  Figure  23,  and  set 
the  angle  of  the  pelvic  bone  at  13  degrees  plus  or 
minus  2  degrees,  using  the  procedure  described  in 
S  11.4.3.2  of  Standard  No.  208  (S  571.208  of  this 
chapter).!  (53  F.R.  8755— March  17,  1988.  Effective: 
March  17,  1988). 

(3)  Place  the  longitudinal  centerline  of  the  test 
probe  so  that  it  is  .5  in  ±  .04  in.  below  the  horizon- 
tal centerline  of  the  No.  3  Rib  (reference  drawing 
number  79051-64,  revision  A-M)  as  shown  in 
Figure  23. 

(4)  Align  the  test  probe  specified  in  S572.36(a) 
so  that  at  impact  it  longitudinal  centerline  coin- 
cides within  .5  degree  of  a  horizontal  line  in  the 
dummy's  midsagittal  plane. 

(5)  Impact  the  thorax  with  the  test  probe  so  that 
the  longitudinal  centerline  of  the  test  probe  falls 
within  2  degrees  of  a  horizontal  line  in  the 
dummy's  midsagittal  plane  at  the  moment  of 
impact. 

(6)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

(7)  Measure  the  horizontal  deflection  of  the  ster- 
num relative  to  the  thoracic  spine  along  the  line 
established  by  the  longitudinal  centerline  of  the 
probe  at  the  moment  of  impact,  using  a  poten- 
tiometer (ref.  drawing  78051-317,  revision  A) 
mounted  inside  the  sternum  as  shown  in  drawing 
78051-89,  revision  I. 

(8)  Measure  hysteresis  by  determining  the  ratio 
of  the  area  between  the  loading  and  unloading  por- 
tions of  the  force  deflection  curve  to  the  area  under 
the  loading  portion  of  the  curve. 

§  572.35     Limbs. 

(a)  The  limbs  consist  of  the  following  assemblies: 
leg  assemblies  86-5001-001  and  -002  and  arm 
assemblies  78051-123,  revision  D,  and  -124, 
revision  D,  and  shall  conform  to  the  drawings 
subtended  therein. 

(b)  [When  each  knee  of  the  leg  assemblies  is 
impacted,  in  accordance  with  paragraph  (c)  of  this 


section,  at  6.9  ft/sec  ±0.10  ft/sec,  by  the  pendulum 
defined  in  S  572.36(b),  the  peak  knee  impact  force, 
which  is  a  product  of  pendulum  mass  and  accelera- 
tion, shall  have  a  minimum  value  of  not  less  than  / 
1060  pounds  and  a  maximum  value  of  not  more 
than  1300  pounds.)  (53  F.R.  8755— March  17,  1988. 
Effective:  March  17,  1988) 

(c)  Test  Procedure,  (c)  The  test  material  con- 
sists of  leg  assemblies  (86-5001-001)  left  and 
(-002)  right  with  upper  leg  assemblies  (78051-46) 
left  and  (78051-47)  right  removed.  The  load  cell 
simulator  (78051-319,  revision  A)  is  used  to  secure 
the  knee  cap  assemblies  (79051-16,  revision  B)  as 
shown  in  Figure  24. 

(2)  Soak  the  test  material  in  a  test  environment 
at  any  temperature  between  66  degrees  F  to  78 
degrees  F  and  at  a  relative  humidity  from  10%  to 
70%  for  a  period  of  at  least  four  hours  prior  to  its 
application  in  a  test. 

(3)  Mount  the  test  material  with  the  leg 
assembly  secured  through  the  load  cell  simulator  to 
a  rigid  surface  as  shown  in  Figure  24.  No  contact  is 
permitted  between  the  foot  and  any  other  exterior 
surfaces. 

(4)  Place  the  longitudinal  centerline  of  the  test 
probe  so  that  at  contact  with  the  knee  it  is  colinear 
within  2  degrees  with  the  longitudinal  centerline  of  , 
the  femur  load  cell  simulator.                                              f 

(5)  Guide  the  pendulum  so  that  there  is  no 
significant  lateral,  vertical  or  rotational  movement 
at  time  zero. 

(6)  Impact  the  knee  with  the  test  probe  so  that 
the  longitudinal  centerline  of  the  test  probe  at  the 
instant  of  impact  falls  within  .5  degrees  of  a 
horizontal  line  parallel  to  the  femur  load  cell 
simulator  at  time  zero. 

(7)  Time  zero  is  defined  as  the  time  of  contact 
between  the  test  probe  and  the  knee. 

§  572.36    Test  Conditions  and  Instrumentation. 

(a)  The  test  probe  used  for  thoracic  impact  tests 
is  a  6  inch  diameter  cylinder  that  weighs  51.5 
pounds  including  instrumentation.  Its  impacting 
end  has  a  flat  right  angle  face  that  is  rigid  and  has 
an  edge  radius  of  0.5  inches.  The  test  probe  has  an 
accelerometer  mounted  on  the  end  opposite  from 
impact  with  its  sensitive  axis  colinear  to  the 
longitudinal  centerline  of  the  cylinder. 


PART  572-16 


Drop  height 
376nnm 
(14.8  in.) 


Chrome-plated  steel  block 

50.8  X  610  X  610  mm  (2  x  24  x  24 

8  to  80  rms  microinch/inch  finish 


tWI 

"A" 

"B" 

Centerline  of  1.6  mm 
(0.062  in.)  diameter 
holes  in  skull 


Distance  "A'— Distance  "B"  =  0.0  mm 


I 


Note:  Tolerance  on  test  setup  dimensions  ±1  mm  (0.04  in. 


Figure  19.  Test  Set-up  Specifications 


PART  572-Subpart  E-ART  PAGE  1 


Pendulum  Centerline 


Bracket  Ass'y— Neck 
Adjusting,  Upper 
(P/N  78051-307) 


BIB  Simulator 
(P/N  78051-84) 


Neck  Ass'y 
(P/N  78051-90) 


Plane  W 
(Ref.  dwg.  78051-77) 
perpendicular  to 
pendulum  centerline 
±  1° 


13.5mm  ±  .5 
(.53  inches  ±  .02) 


^ 


Centerline 
Mounting  Screw 
(Ref.  dwg.  78051-96) 

Bracket— Neck 
Adjusting,  Lower 
(P/N  78051-303) 


Occipital  Condyles 


Head  Ass'y 
(P/N  78051-61) 


Note:  Pendulum  shown  at  Time  Zero  position 


Figure  20.  Flexion— Test  Setup  Specifications 


PART  572-Subpart  E-ART  PAGE  2 


37.3  mm  ±  .5 
(1.47  inches  ±  .02) 


Centerline 
Mounting  Screw 


(Ref.  dwg.  78051-96) 


Bracket— Neck 
Adjusting,  Lower 
(P/N  78051-303) 


Occipital  Condyles 


Head  Ass'y 
(P/N  78051-61) 


Pendulum  Centerline 


Bracket  Ass'y— Neck 
Adjusting,  Upper 
(P/N  78051-307) 


BIB  Simulator 
(P/N  78051-84) 


Neck  Ass'y 
(P/N  78051-90) 


Plane  LdJ 
(Ref.  dwg.  78051-77) 
perpendicular  to 
pendulum  centerline 

+  1° 


Note:  Pendulum  shown  at  Time  Zero  position 


Figure  21.  Flexion— Test  Setup  Specifications 


PART  572-Subpart  E-ART  PAGE 


Structural  steel  tube 
4.8  mm  (0.1875  in.) 


Pivot  50.8  mm  (2  in.)  Dia 


inertia!  properties  of  pendulum. 
Mounting  plate  and  mounting 
hardware  without  test  specimen 
Weight  29.57  kg  (65.21  lbs). 
Moment  of  inertia  33.2  kg-m^ 
(294  in.-lb-sec2)  about  pivot  axis 


CG  of  pendulum 
apparatus  without 
test  specimen 


Accelerometer 


Mounting  Plate 


Accelerometer 


38.1  mm  Ref. 
(1.5  in.) 


Aluminum  honeycomb 
hexcel  28.8  kg/m^ 
(1.8  Ib/ft3)  Ref. 
Before  testing,  precrush  the 
honeycomb  material  with  the  pendulum 
to  assure  that  90%  to  100%  of  the 
honeycomb  surface  is  contacting  the 
pendulum  striker  plate. 


Pendulum  Striker  Plate  (sharp  edges) 
76.2  X  152.4  X  9.5  mm 
(3  X  6  X  3/8  in.) 


Figure  22.  Pendulum  Specifications 


PART  572-Subpart  E-ART  PAGE  4 


Pendulum  accelerometer 
(ENDEVCO  Model  7231C  or  equivalent) 
mounted  with  sensitive  axis  parallel 
to  pendulum  longitudinal  centerline. 


Centerline  of  arms  horizontal  ±2"» 
(Ret  dwg  78051-123  and  dwg  78051-124) 


Pendulum  Centerline 
Horizontal  ±0.5° 


^  Seating  Surface 
Horizontal  ±0.5° 


NOTE: 


A)  No  external  support  is  required  on  the  dummy  to  meet  setup  specifications. 

B)  The  midsagittal  plane  of  the  dummy  is  vertical  (±1°)  and  within  2° 
of  the  centerline  of  the  pendulum. 

C)  The  midsagittal  plane  of  the  dummy  is  centered  on  the  centerline  of 
the  pendulum  within  3  mm  (0.12  in.). 


Figure  23.  Test  Set-up  Specifications 


PART  572-Subpart  E-ART  PAGE  5 


Torque  two  femur  load  cell  simulator 
mounting  bolts  (P/N  78051-99  and 
P/N  78051-100)  to  41  Newton  Meters 
(30  ft-lbs). 


Pendulum  accelerometer 
(ENDEVCO  Model  7231C  or  equivalent) 
mounted  with  sensitive  axis 
parallel  to  pendulum 
longitundinal  centerline. 


Adjust  knee  joint 
torque  to  1-2  range 
before  each  test. 


Ankle  Pivot 


Pendulum  Centerline 
Horizontal  ±0.5° 

Rigid  Pendulum  Impactor 


Figure  24.  Test  Set-up  Specifications 


PART  572-Subpart  E-ART  PAGE 


(b)  The  test  probe  used  for  the  knee  impact  tests 
is  a  S  inch  diamenter  cylinder  that  weighs  11 
pounds  including  instrumentation.  Its  impacting 
end  has  a  flat  right  angle  face  that  is  rigid  and  has 
an  edge  radius  of  0.2  inches.  The  test  probe  has  an 
accelerometer  mounted  on  the  end  opposite  from 
impact  with  its  sensitive  axis  colinear  to  the 
longitudinal  centerline  of  the  cylinder. 

(c)  Head  accelerometers  shall  have  dimensions, 
response  characteristics  and  sensitive  mass  loca- 
tions specified  in  drawing  78051-136,  revision  A  or 
its  equivalent  and  be  mounted  in  the  head  as  shown 
in  drawing  78051-61,  revision  T,  and  in  the  as- 
sembly shown  in  drawing  78051-218,  revision  R. 

(d)  The  neck  transducer  shall  have  the  dimen- 
sions, response  characteristics,  and  sensitive  axis 
locations  specified  in  drawing  83-5001-008  or  its 
equivalent  and  be  mounted  for  testing  as  shown  in 
drawing  79051-63,  revision  W,  and  in  the  as- 
sembly shown  in  drawing  78051-218,  revision  R. 

(e)  The  chest  accelerometers  shall  have  the 
dimensions,  response  characteristics,  and  sensitive 
mass  locations  specified  in  drawing  78051-136, 
revision  A  or  its  equivalent  and  be  mounted  as 
shown  with  adaptor  assembly  78051-116,  revision 
D  for  assembly  into  78051-218,  revision  R. 

(f)  The  chest  deflection  transducer  shall  have  the 
dimensions  and  response  characteristics  specified 
in  drawing  78051-342,  revision  A  or  equivalent 
and  be  mounted  in  the  chest  deflection  transducer 
assembly  87051-317,  revision  A  for  assembly  into 
78051-218,  revision  R. 

(g)  The  thorax  and  knee  impactor  acceler- 
ometers shall  have  the  dimensions  and  character- 
istics of  Endevco  Model  7231c  or  equivalent.  Each 
accelerometer  shall  be  mounted  with  its  sensitive 
axis  colinear  with  the  pendulum's  longitudinal 
centerline. 

(h)  The  femur  load  cell  shall  have  the  dimen- 
sions, response  characteristics,  and  sensitive  axis 
locations  specified  in  drawing  78051-265  or  its 
equivalent  and  be  mounted  in  assemblies  78051-46 
and  -47  for  assembly  into  78051-218,  revision  R. 

(i)  The  outputs  of  acceleration  and  force-sensing 
devices  installed  in  the  dummy  and  in  the  test  ap- 
paratus specified  by  this  part  are  recorded  in  in- 
dividual data  channels  that  conform  to  the  re- 
quirements of  SAE  Recommended  Practice  J211, 


JUN  1980,  "Instrumentation  for  Impact  Tests," 
with  channel  classes  as  follows: 

(1)  Head  acceleration-Class  1000 

(2)  Neck  force-Class  60 

(3)  Neck  pendulum  acceleration-Class  60 

(4)  Thorax  and  thorax  pendulum 
acceleration— Class  180 

(5)  Thorax  deflection-Class  180 

(6)  Knee  pendulum  acceleration— Class  600 

(7)  Femur  force-Class  600 

(j)  Coordinate  signs  for  instrumentation  polarity 
conform  to  the  sign  convention  shown  in  the  docu- 
ment incorporated  by  S572.31(aX5). 

(k)  The  mountings  for  sensing  devices  shall  have 
no  resonance  frequency  within  range  of  3  times  the 
frequency  range  of  the  applicable  channel  class. 

(1)  Limb  joints  are  set  at  Ig,  barely  restraining 
the  weight  of  the  limb  when  it  is  extended  horizon- 
tally. The  force  required  to  move  a  limb  segment 
shall  not  exceed  2g  throughout  the  range  of  limb 
motion. 

(m)  Performance  tests  of  the  same  component, 
segment,  assembly,  or  fully  assembled  dummy  are 
separated  in  time  by  a  period  of  not  less  than  30 
minutes  unless  otherwise  noted. 

(n)  Surfaces  of  dummy  components  are  not 
painted  except  as  specified  in  this  part  or  in  draw- 
ings subtended  by  this  part. 

Subpart  F— Side  impact  Dummy  50th 
Percentlie  IVIaie 

[§  572.40    Incorporated  Materials. 

(a)  The  drawings,  specifications,  and  computer 
program  referred  to  in  this  regulation  that  are  not 
set  forth  in  full  are  hereby  incorporated  in  this  part 
by  reference.  These  materials  are  there  by  made 
part  of  this  regulation.  The  Director  of  the  Federal 
Register  has  approved  the  materials  incorporated 
by  reference.  For  materials  subject  to  change,  only 
the  specific  version  approved  by  the  Director  of  the 
Federal  Register  and  specified  in  the  regulation 
are  incorporated.  A  notice  of  any  change  will  be 
published  in  the  Federal  Register.  As  a  conve- 
nience to  the  reader,  the  materials  incorporated  by 
reference  are  listed  in  the  Finding  Aid  Table  found 
at  the  end  of  this  volume  of  the  Code  of  Federal 
Regulations. 

(b)  The  materials  incorporated  in  this  part  by 
reference  are  available  for  examination  in  the 


(Rev.  10/30/90) 


PART  572-17 


general  reference  section  of  Docket  79-04,  Docket 
Section,  National  Highway  Traffic  Safety  Ad- 
ministration, Room  5109,  400  Seventh  Street, 
S.W.  Washington,  D.C.  Copies  may  be  obtained 
from  Rowley-Scher  Reprographics,  Inc.,  1111  14th 
Street,  N.W.,  Washington,  D.C.  20005,  telephone 
(202)  628-6667  or  408-8789. 

[§  572.41     General  Description. 

(a)  The  dummy  consists  of  component  parts  and 
component  assemblies  (SA-SID-MOOl  and  SA-SID- 
MOOIA)  which  are  described  in  approximately  250 
drawings  and  specifications  that  are  set  forth  in 
Part  572.5(a)  of  this  Chapter  with  the  following 
changes  and  additions  which  are  described  in  ap- 
proximately 85  drawings  and  specifications: 

(1)  The  head  assembly  consists  of  the  assembly 
specified  in  Subpart  B  (§  572.6(a))  and  conforms  to 
each  of  the  drawings  subtended  under  drawing  SA 
150  M  010  and  drawings  specified  in  SA-SID-MOIO 
of  this  subpart. 

(2)  The  neck  assembly  consists  of  the  assembly 
specified  in  Subpart  B  (§  572.7(a))  and  conforms  to 
each  of  the  drawings  subtended  under  drawing  SA- 
150-M020  and  drawings  shown  in  SA-SID-MOIO. 

(3)  The  thorax  assembly  consists  of  the  assembly 
shown  as  number  SID-053  and  conforms  to  each 
applicable  drawing  subtended  by  number  SA-SID- 
M030. 

(4)  The  lumbar  spine  consists  of  the  assembly 
specified  in  Subpart  B  (§  572.9(a))  and  conforms  to 
drawing  SA-150-M050  and  drawings  subtended  by 
SA-SID-M050  specified  by  this  part. 

(5)  The  abdomen  and  pelvis  consist  of  the 
assembly  specified  in  Subpart  B  (§  572.9)  and  con- 
form to  the  drawings  subtended  by  SA-150-M060 
and  drawings  subtended  by  SA-SID-M060 
specified  by  this  Subpart. 

(6)  The  lower  limbs  consist  of  the  assemblies 
specified  in  Subpart  B  (§  572.10)  shown  as  SA-150- 
M080  and  SA-150-M081  in  Figure  1  and  SA-SID- 
M080  and  SA-SID-M081  and  conform  to  the  draw- 
ings subtended  by  those  numbers. 

(b)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  the  re- 
quirements of  this  subpart  in  every  respect  both 
before  and  after  being  used  in  vehicle  tests 
specified  in  Standard  No.  214  (Part  571.214  of  this 
Chapter). 


(c)  Disassembly,  inspection,  and  assembly  pro- 
cedures; external  dimensions  and  weight;  and  a 
dummy  drawing  list  are  set  forth  in  the  Side 
Impact  Dummy  (SID)  User's  Manual,  dated  July 
1990. 

|§  572.42     Thorax. 

(a)  When  the  thorax  of  a  completely  assembled 
dummy  (SA-SID-MOOIA),  appropriately  assembled 
for  right  or  left  side  impact,  is  impacted  by  a  test 
probe  conforming  to  §  572.44(a)  at  14  fps  in  accor- 
dance with  paragraph  (b)  of  this  section,  the  peak 
accelerations  at  the  location  of  the  accelerometers 
mounted  on  the  thorax  in  accordance  with 
§  572.44(b)  shall  be: 

(1)  for  the  accelerometer  at  the  top  of  the  Rib 
Bar  on  the  struck  side  (LUR  or  RUR)  not  less  than 
37  g's  and  not  more  than  46  g's. 

(2)  for  the  accelerometer  at  the  bottom  of  the 
Rib  Bar  on  the  struck  side  (LLR  or  RLR)  not  less 
than  37  g's  and  not  more  than  46  g's. 

(3)  for  the  lower  thoracic  spine  (T12)not  less 
than  15  g's  and  not  more  than  22  g's. 

(b)  Test  Procedure  (1)  Adjust  the  dummy  legs 
as  specified  in  §572. 44(f).  Seat  the  dummy  on  a 
seating  surface  as  specified  in  §  572.44(h)  with  the 
limbs  extended  horizontally  forward. 

(2)  Place  the  longitudinal  centerline  of  the  test 
probe  at  the  lateral  side  of  the  chest  at  the  intersec- 
tion of  the  centerlines  of  the  third  rib  and  the  Rib 
Bar  on  the  desired  side  of  impact.  This  is  the  left 
side  if  the  dummy  is  to  be  used  on  the  driver's  side 
of  the  vehicle  and  the  right  side  if  the  dummy  is  to 
be  used  on  the  passenger  side  of  the  vehicle.  The 
probe's  centerline  is  perpendicular  to  the  thorax's 
midsagittal  plane. 

(3)  Align  the  test  probe  so  that  its  longitudinal 
centerline  coincides  with  the  line  formed  by  the  in- 
tersection of  the  transverse  and  frontal  planes 
perpendicular  to  the  chest's  midsagittal  plane 
passing  through  the  designated  impact  point. 

(4)  Position  the  dummy  as  specified  in 
§  572.44(h),  so  that  the  thorax's  midsagittal  plane 
and  tangential  plane  to  the  Hinge  Mounting  Block 
(Drawing  SID-034)  are  vertical. 

(5)  Impact  the  thorax  with  the  test  probe  so  that 
at  the  moment  of  impact  at  the  designated  impact 
point,  the  probe's  longitudinal  centerline  falls 
within  2  degrees  of  a  horizontal  line  perpendicular 


(Rev.  10/30/90) 


PART  572-18 


to  the  dummy's  midsagittal  plane  and  passing 
through  the  designated  impact  point. 

(6)  Guide  the  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical  or  rota- 
tional movement. 

(7)  Allow  a  time  period  of  at  least  20  minutes 
between  successive  tests  of  the  chest. 


[§  572.43    Lumbar  spine  and  pelvis. 

(a)  When  the  pelvis  of  a  fully  assembled  dummy 
(SA-SID-MOOIA)  is  impacted  laterally  by  a  test 
probe  conforming  to  §  572.44(a)  at  14  fps  in  accor- 
dance with  paragraph  (b)  of  this  section,  the  peak 
accleration  at  the  location  of  the  accelerometer 
mounted  in  the  pelvis  cavity  in  accordance  with 
§  572.44(c)  shall  be  not  less  than  40g  and  not  more 
han  60g.  The  acceleration-time  curve  for  the  test 
shall  be  unimodal  and  shall  lie  at  or  above  the  ±  20g 
level  for  interval  not  less  than  3  milliseconds  and 
not  more  than  7  milliseconds. 

(b)  Test  Procedure.  (1)  Adjust  the  dummy  legs 
as  specified  in  §  572.44(f).  Seat  the  dummy  on  a 
seating  surface  as  specified  in  §  572.44(h)  with  the 
limbs  extended  horizontally  forward. 

(2)  Place  the  longitudinal  centerline  of  the  test 
probe  at  the  lateral  side  of  the  pelvis  at  a  point  3.9 
inches  vertical  from  the  seating  surface  and  4.8  in- 

^     ches  ventral  to  a  transverse  vertical  plane  which  is 
P     tangent  to  the  back  of  the  dummy's  buttocks. 

(3)  Align  the  test  probe  so  that  at  impact  its 
longitudinal  centerline  coincides  with  the  line 
formed  by  intersection  of  the  horizontal  and  ver- 
tical planes  perpendicular  to  the  midsagittal  plane 
passing  through  the  designated  impact  point. 

(4)  Adjust  the  dummy  so  that  its  midsagittal 
plane  is  vertical  and  the  rear  surfaces  of  the  throax 
and  buttocks  are  tangent  to  a  transverse  vertical 
plane. 

(5)  Impact  the  pelvis  with  the  test  probe  so  that 
at  the  moment  of  imact  the  probe's  longitudinal 
centerline  falls  within  2  degrees  of  the  line 
specified  in  (3)  above. 

(6)  Guide  the  test  probe  during  impact  so  that  it 
moves  with  no  significant  lateral,  vertical  or  rota- 
tional movement. 

(7)  Allow  a  time  period  of  at  least  2  hours  bet- 
ween successive  tests  of  the  pelvis. 


|§  572.44     Instrumentation  and  test  conditions. 

(a)  The  test  probe  used  for  lateral  thoracic  and 
pelvis  impact  tests  is  a  6  inch  diameter  cylinder 
that  weighs  51.5  pounds  including  instrumenta- 
tion. Its  impacting  end  has  a  flat  right  angle  face 
that  is  rigid  hand  has  an  edge  radius  of  0.5  inches. 

(b)  Three  accelerometers  are  mounted  in  the 
thrax  for  measurement  of  lateral  accelerations 
with  each  accelerometer's  sensitive  axis  aligned  to 
be  closely  perpendicular  to  the  thorax's  midsagittal 
plane.  The  accelerometers  are  mounted  in  the 
following  locations: 

(1)  One  accelerometer  is  mounted  on  the  Thorax 
to  Lumbar  Adaptor  (SID-005)  by  means  of  a  T12 
Accelerometer  Mounting  Platform  (SID-009)  and 
T12  Accelerometer  Mount  (SID-038)  with  its 
seismic  mass  center  at  any  distance  up  to  0.4  in- 
ches from  a  surface  point  on  the  Thorax  to  Lumbar 
Adaptor  where  two  perpendicular  planes  aligned 
with  the  adaptor's  vertical  and  horizontal  center 
lines  intersect. 

(2)  Two  accelerometers  are  mounted,  one  on  the 
top  and  the  other  at  the  bottom  part  of  the  Rib  Bar 
(SID-024)  on  the  struck  side.  Their  seismic  mass 
centers  are  at  any  distance  up  to  .4  inches  from  a 
point  on  the  Rib  Bar  surface  located  on  its 
longitudinal  center  line  .75  inches  from  the  top  for 
the  top  acceleromiter  and  .75  inches  from  the 
bottom,  for  the  bottom  accelerometer. 

(c)  One  accelerometer  is  mounted  in  the  pelvis 
for  measurement  of  the  lateral  acceleration  with 
its  sensitive  axis  perpendicular  to  the  pelvic  mid- 
sagittal plane.  The  accelerometer  is  mounted  on 
the  rear  wall  of  the  instrument  cavity  (Drawing 
SID-087),  with  its  seismic  mass  center  located  from 
a  point  0.9  inches  upward  and  0.5  inches  to  the  left 
of  the  mounting  bolt  centerline  and  0.4  to  0.5  in- 
ches rearward  of  the  rear  wall  of  the  instrument 
cavity. 

(d)  Instrumention  and  sensors  used  must  conform 
to  the  SAE  J-211  (1980)  recommended  practice  re- 
quirements. The  outputs  of  the  accelerometers  in- 
stalled in  the  dummy  are  them  processed  with  the 
software  for  the  Finite  Impulse  Response  (FIR)  filter 
(FIR  100  software).  The  FORTRAN  program  for  this 
FIR  100  software  (FIRIOO  Filter  Program,  Version 
1.0,  July  16, 1990)  is  incorporated  by  reference  in  this 
Part.  The  data  are  processed  in  the  following 
manner: 

(1)  Analog  data  recorded  in  accordance  with 
SAE  J-211  (1980)  recommended  practice  channel 
class  1000  specification. 


PART  572-19 


(2)  Filter  the  data  with  a  300  Hz,  SAE  Class  180 
filter; 

(3)  Subsample  the  data  to  a  1600  Hz  sampling 
rate; 

(4)  Remove  the  bias  from  the  subsampled  data, 
and; 

(5)  Filter  the  data  with  the  FIRIOO  Filter  Pro- 
gram (Version  1.0,  July  16,  1990),  which  has  the 
following  characteristics— 

(A)  Passband  frequency,  100  Hz. 

(B)  Stopband  frequency,  189  Hz. 

(C)  Stopband  gain,  -  50  db. 

(D)  Passband  ripple,  0.0225  db. 

(e)  The  mountings  for  the  spine,  rib  and  pelvis 
accelerometers  shall  have  no  resonance  frequency 
within  a  range  of  3  times  the  frequency  range  of 
the  applicable  channel  class. 

(f)  Limb  joints  of  the  test  dummy  are  set  at  the 
force  between  1-2  g's,  which  just  supports  the 
limbs'  weight  when  the  limbs  are  extended 
horizontally  forward.  The  force  required  to  move  a 
limb  segment  does  not  exceed  2  g's  throughout  the 
range  of  limb  motion. 

(g)  Performance  tests  are  conducted  at  any 
temperature  from  66°  F  to  78°  F  and  at  any 
relative  humidity  from  10  percent  to  70  percent 


after  exposure  of  the  dummy  to  these  conditions 
for  a  period  of  not  less  than  4  hours. 

(h)  For  the  performance  of  tests  specified  in 
§§  572.42  and  572.43,  the  dummy  is  positioned  as 
follows: 

(1)  The  dummy  is  placed  on  a  flat,  rigid,  clean, 
dry,  horizontal  smooth  aluminum  surface  whose 
length  and  width  dimensions  are  not  less  than  16 
inches,  so  that  the  dummy's  midsagittal  plane  is 
vertical  and  centered  on  the  test  surface.  The 
dummy's  torso  is  positioned  to  meet  the  re- 
quirements of  §  572.42  and  §  572.43.  The  seating 
surface  is  without  the  back  support  and  the  test 
dummy  is  positioned  so  that  the  dummy's  mid- 
sagittal  plane  is  vertical  and  centered  on  the  seat 
surface. 

(2)  The  legs  are  positioned  so  that  their 
centerlines  are  in  planes  parallel  to  the  midsagittal 
plane. 

(3)  Performance  pre-tests  of  the  assembled 
dummy  are  separated  in  time  by  a  period  of  not 
less  than  20  minutes  unless  otherwise  specified. 

(4)  Surfaces  of  the  dummy  components  are  not 
painted  except  as  specified  in  this  part  or  in  draw- 
ings subtended  by  this  part.  (55  F.R.  45757— October 
30,  1990.  Effective:  November  29,  1990)] 


PART  572-20 


Subpart  G     [Reserved] 
Subpart  H     [Reserved] 

Subpart  I— 6-Year-Old  Child 

§572.70     Incorportation  by  reference. 

The  drawings  and  specifications  referred  to  in 
§§572.71(a)  and  572.71(b)  are  hereby  incorporated 
in  Subpart  I  by  reference.  These  materials  are  there- 
by made  part  of  this  regulation.  The  Director  of  the 
Federal  Register  approved  the  materials  incorpor- 
ated by  reference  in  accordance  with  5  U.S.C.  552(a) 
and  1  CFR  Part  51.  Copies  of  the  materials  may  be 
inspected  at  NHTSA's  Docket  Section,  400  Seventh 
Street,  S.W.,  Room  5109,  Washington,  D.C.  or  at 
the  Office  of  the  Federal  Register,  1100  L  St.,  N.W., 
Room  8401,  Washington,  D.C. 

The  incorporated  material  is  available  as  follows: 

(1)  Drawing  number  SA  106C  001,  sheets  1 
through  18,  and  the  drawings  listed  in  the  parts 
lists  described  on  sheets  8  through  17,  are  availa- 
ble from  Reprographic  Technologies,  1111  14th 
Street,  N.W.,  Washington,  D.C.  20005,  (202) 
628-6667. 

(2)  A  User's  Manual  entitled,  "Six- Year-Old 
Size  Child  Test  Dummy  SA106C,"  October  28, 
1991,  is  available  from  Reprographic  Technologies 
at  the  address  in  paragraph  (1)  of  this  section. 

(3)  SAE  Recommended  Practice  J211,  In- 
strumentation for  Impact  Test,  June  1988,  is  avail- 
able from  the  Society  of  Automotive  Engineers, 
Inc.,  400  Commonwealth  Drive,  Warrendale,  PA 
15096-0001. 

§572.71     General  description. 

(a)  The  representative  6-year-old  dummy  consists 
of  a  drawings  and  specifications  package  that  con- 
tains the  following  materials: 

(1)  Technical  drawings  and  specifications  pack- 
age SA  106C  001,  containing  drawing  number  SA 
106  COOl  sheets  1  through  18,  and  the  drawings 
listed  in  the  parts  lists  described  on  sheets  8 
through  17;  and, 

(2)  A  user's  manual  entitled,  "Six- Year-Old  Size 
Child  Test  Dummy  SA  106C,"  October  28,  1991. 

(b)  The  dummy  is  made  up  of  the  component 
assemblies  set  out  in  the  following  Table  A: 


Table  A 


Drawing  Title 


SA  106C  010 
SA  106C  020 
SA  106C  030 
SA  106C  041 
SA  106C  042  (also  includes 

picture  of  assembled  parts) 
SA  106C  050 
SA  106C  060  (also  includes 

picture  of  assembled  parts) 
SA  106C  071 
SA  106C  072  (also  includes 

picture  of  assembled  parts) 


Head  Assembly 

Neck  Assembly 

Thorax  Assembly 

Arm  Assembly  (Right  Arm) 

Arm  Assembly  (Left  Arm) 

Lumbar  Spine  Assembly 
Pelvis  Assembly 

Leg  Assembly  (Right  Leg) 
Leg  Assembly  (Left  Leg) 


(c)  Adjacent  segments  are  joined  in  a  manner  such 
that  except  for  contacts  existing  under  static  con- 
ditions, there  is  no  contact  between  metallic  ele- 
ments throughout  the  range  of  motion  or  under 
simulated  crash-impact  conditions. 

(d)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  Part  in  every 
respect  both  before  and  after  its  use  in  any  test  simi- 
lar to  those  specified  in  Standard  213.  Child 
Restraint  Systems. 

§572.72    Head  assembly  and  test  procedure. 

(a)  Head  assembly.  The  head  consists  of  the  as- 
sembly designated  as  SA  106C  010  on  drawing  No. 
SA  106C  001,  sheet  2,  and  conforms  to  each  draw- 
ing listed  on  SA  106C  001,  sheet  8. 

(b)  Head  assembly  impact  response  requirements. 
When  the  head  is  impacted  by  a  test  probe  conform- 
ing to  §572.77(aXl)  at  7  feet  per  second  (fps)  accord- 
ing to  the  test  procedure  in  paragraph  (c)  of  this 
section,  then  the  resultant  head  acceleration  meas- 
ured at  the  location  of  the  accelerometer  installed 
in  the  headform  according  to  §577. 77(b)  is  not  less 
than  130g  and  not  more  than  160g. 

(1)  The  recorded  acceleration-time  curve  for  this 
test  is  unimodal  at  or  above  the  50g  level,  and  lies 
at  or  above  that  level  for  an  interval  not  less  than 
1.0  and  not  more  than  2.0  milliseconds. 

(2)  The  lateral  acceleration  vector  does  not  ex- 
ceed 5g. 

(c)  Head  test  procedure.  The  test  procedure  for 
the  head  is  as  follows: 

(1)  Seat  and  orient  the  dimimy  on  a  seating  sur- 
face having  a  back  support  as  specified  in 
§572.78(c),  and  adjust  the  joints  of  the  limbs  at  any 
setting  (between  Ig  and  2g)  which  just  supports 
the  limbs'  weight  when  the  limbs  are  extended 
horizontally  and  forward. 


PART  572-21 


(2)  Adjust  the  test  probe  so  that  its  longitudi- 
nal centerline  is— 

(i)  At  the  forehead  at  the  point  of  orthogonal 
intersection  of  the  head  midsagittal  plane  and 
the  transverse  plane  which  is  perpendicular  to 
the  Z  axis  of  the  head  as  shown  in  Figure  40; 

(ii)  Located  2.7  ±  0.1  inches  below  the  top  of 
the  head  measured  along  the  Z  axis;  and 

(iii)  Coincides  within  2  degrees  with  the  line 
made  by  the  intersection  of  the  horizontal  and 
midsagittal  planes  passing  through  this  point. 

(3)  Impact  the  head  with  the  test  probe  so  that 
at  the  moment  of  contact  the  probe's  longitudinal 
center  line  falls  within  2  degrees  of  a  horizontal 
line  in  the  dummy's  midsagittal  plane. 

(4)  Guide  the  test  probe  during  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

(5)  Allow  at  least  60  minutes  between  succes- 
sive head  tests. 

§572.73    Neck  assembly  and  test  procedure. 

(a)  Neck  assembly.  The  neck  consists  of  the  as- 
sembly designated  as  SA  106C  020  on  drawing  SA 
106C  001,  sheet  2,  and  conforms  to  each  drawing 
listed  on  SA  106C  001,  sheet  9. 

(b)  Neck  assembly  impact  response  require- 
Tnents.  When  the  head-neck  assembly  (SA  106C 
010  and  SA  106C  020)  is  tested  according  to  the  test 
procedure  in  §572.73(c),  the  head: 

(1)  Shall  rotate,  while  translating  in  the  direc- 
tion of  the  pendulum  preimpact  flight,  in  reference 
to  the  pendulum's  longitudinal  center  line  a  total 
of  78  degrees  ±  6  degrees  about  the  head's  center 
of  gravity;  and 

(2)  Shall  rotate  to  the  extent  specified  in  Table 
B  at  each  indicated  point  in  time,  measured  from 
time  of  impact,  with  the  chordal  displacement 
measured  at  the  head's  center  of  gravity. 

(i)  Chordal  displacement  at  time  "T"  is  de- 
fined as  the  straight  line  distance  between  the 
position  relative  to  the  pendulum  arm  of  the 
head's  center  of  gravity  at  time  "zero;"  and  the 
position  relative  to  the  pendulum  arm  of  the 
head's  center  of  gravity  at  time  T  as  illustrated 
by  Figure  3  in  §572.11. 

(ii)  The  peak  resultant  acceleration  recorded 
at  the  location  of  the  accelerometers  mounted 
in  the  headform  according  to  §572. 77(b)  shall  not 
exceed  30g. 


Table  B 


Rotation 
(degrees) 


Time 

(ms) 

±  (2  +  .08T) 


Chordal  displacement 
(inches) 
±  0.8 


0 

0 

0 

30 

26 

2.7 

60 

44 

4.3 

Maximum 

68 

5.8 

60 

101 

4.4 

30 

121 

2.4 

0 

140 

0 

(3)  The  pendulum  shall  not  reverse  direction  un- 
til the  head's  center  of  gravity  returns  to  the  origi- 
nal "zero"  time  position  relative  to  the  pendulum 


(c)  Neck  test  procedure.    The  test  procedure  for 
the  neck  is  as  follows: 

(1)  Mount  the  head  and  neck  assembly  on  a  rigid 
pendulum  as  specified  in  §572.21,  Figure  15,  so 
that  the  head's  midsagittal  plane  is  vertical  and 
coincides  with  the  plane  of  motion  of  the  pendu- 
lum's longitudinal  center  line.  Attach  the  neck 
directly  to  the  pendulum  as  shown  in  §572.21, 
Figure  15. 

(2)  Release  the  pendulum  and  allow  it  to  fall 
freely  from  a  height  such  that  the  velocity  at  im- 
pact is  17  ±  1  fps,  measured  at  the  center  of  the 
accelerometer  specified  in  §572.21,  Figure  15. 

(3)  Decelerate  the  pendulum  to  a  stop  with  an 
acceleration-time  pulse  described  as  follows: 

(i)  Establish  5g  and  20g  levels  on  the  a-t 
curve. 

(ii)  Establish  ti  at  the  point  where  the  rising 
a-t  curve  first  crosses  the  5g  level,  U  at  the  point 
where  the  rising  a-t  curve  first  crosses  the  20g 
level,  ta  at  the  point  where  the  decaying  a-t 
curve  last  crosses  the  20g  level,  and  t4  at  the 
point  where  the  decaying  a-t  curve  first  crosses 
the  5g  level. 

(iii)  tz-ti  shall  not  be  more  than  3  milliseconds. 

(iv)  t3-t2  shall  not  be  more  than  22  milli- 
seconds, and  not  less  than  19  milliseconds. 

(v)  t4-t3  shall  not  be  more  than  6  milliseconds. 

(vi)  The  average  deceleration  between  tg  and 
ts  shall  not  be  more  than  26g,  or  less  than  22g. 

(4)  Allow  the  neck  to  flex  without  the  head  or 
neck  contacting  any  object  other  than  the  pendu- 
lum arm. 

(5)  Allow  at  least  60  minutes  between  succes- 
sive tests. 


PART  572-22 


§572.74    Thorax  assembly  and  tsat  procedurs. 

(a)  Thorax  assembly.  The  thorax  consists  of  the 
part  of  the  torso  assembly  designated  as  SA  106C 
030  on  drawing  SA  106C  001,  sheet  2,  and  conforms 
to  each  appHcable  drawing  on  SA  106C  001,  sheets 
10  and  11. 

(b)  Thorax  assembly  requirements.  When  the 
thorax  is  impacted  by  a  test  probe  conforming  to 
§572. 77(a)  at  20  ±  0.3  fps  according  to  the  test 
procedure  in  paragraph  (c)  of  this  section,  the  peak 
resultant  accelerations  at  the  accelerometers 
mounted  in  the  chest  cavity  according  to  $572.77(c) 
shall  not  be  less  than  43g  and  not  more  than  53g. 

(1)  The  recorded  acceleration-time  curve  for  this 
test  shall  be  unimodal  at  or  above  the  30g  level, 
and  shall  lie  at  or  above  that  level  for  an  interval 
not  less  than  4  milliseconds  and  not  more  than  6 
milliseconds. 

(2)  The  lateral  acceleration  shall  not  exceed  5g. 

(c)  Thorax  test  procedure.  The  test  procedure  for 
the  thorax  is  as  follows: 

(1)  Seat  and  orient  the  dummy  on  a  seating  sur- 
face without  back  support  as  specified  in 
§572. 78(c),  and  adjust  the  joints  of  the  limbs  at  any 
setting  (between  Ig  and  2g)  which  just  supports 
the  limbs'  weight  when  the  limbs  are  extended 
horizontally  and  forward,  parallel  to  the  midsagit- 
tal  plane. 

(2)  Establish  the  impact  point  at  the  chest  mid- 
sagittal  plane  so  that  the  impact  point  is  2.25 
inches  below  the  longitudinal  center  of  the  clavi- 
cle retainer  screw,  and  adjust  the  dummy  so  that 
the  longitudinal  center  line  of  the  No.  3  rib  is 
horizontal. 

(3)  Place  the  longitudinal  center  line  of  the  test 
probe  so  that  it  coincides  with  the  designated  im- 
pact point,  and  align  the  test  probe  so  that  at  im- 
pact, the  probe's  longitudinal  center  line  coincides 
(within  2  degrees)  with  the  line  formed  at  the  in- 
tersection of  the  horizontal  and  midsagittal  planes 
and  passes  through  the  designated  impact  point. 

(4)  Impact  the  thorax  with  the  test  probe  so  that 
at  the  moment  of  contact  the  probe's  longitudinal 
center  line  falls  within  2  degrees  of  a  horizontal 
line  in  the  dummy's  midsagittal  plane. 

(5)  Guide  the  test  orobe  during  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

(6)  Allow  at  least  30  minutes  between  succes- 
sive tests. 


{572.76    Lumbar  spina,  abdomen,  and  palvis 
asaembly  and  test  procedure. 

(a)  Lumbar  spine,  abdomen,  and  pelvis  assem- 
bly. The  lumbar  spine,  abdomen,  and  pelvis  consist 
of  the  part  of  the  torso  assembly  designated  as  SA 
106C  050  and  060  on  drawing  SA  106C  001,  sheet 
2,  and  conform  to  each  applicable  drawing  listed  on 
SA  106C  001,  sheets  12  and  13. 

(b)  Lumbar  spine,  abdomen,  and  pelvis  assembly 
response  requirements.  When  the  lumbar  spine  is 
subjected  to  a  force  continuously  applied  according 
to  the  test  procedure  set  out  in  paragraph  (c)  of  this 
section,  the  lumbar  spine  assembly  shall— 

(1)  Flex  by  an  amount  that  permits  the  rigid 
thoracic  spine  to  rotate  from  the  torso's  initial 
position,  as  defined  in  (cX3),  by  40  degrees  at  a 
force  level  of  not  less  than  46  pounds  and  not  more 
than  52  pounds,  and 

(2)  Straighten  upon  removal  of  the  force  to 
within  5  degrees  of  its  initial  position  when  the 
force  is  removed. 

(c)  Lumbar  spine,  abdomen,  and  pelvis  test  proce- 
dure. The  test  procedure  for  the  lumbar  spine, 
abdomen,  and  pelvis  is  as  follows: 

(1)  Remove  the  dummy's  head-neck  assembly, 
arms,  and  lower  legs,  clean  and  dry  all  component 
surfaces,  and  seat  the  dummy  upright  on  a  seat 
as  specified  in  Figure  42. 

(2)  Adjust  the  dummy  by— 

(i)  Tightening  the  femur  ballflange  screws  at 
each  hip  socket  joint  to  50  inch-pounds  torque; 

(ii)  Attaching  the  pelvis  to  the  seating  surface 
bv  a  bolt  D/605  as  shown  in  Figure  42; 

(iii)  Attaching  the  upper  legs  at  the  knee 
joints  by  the  attachments  shown  in  drawing 
Figure  42; 

(iv)  Tightening  the  mountings  so  that  the 
pelvis-lumbar  joining  surface  is  horizontal;  and 

(v)  Removing  the  head  and  neck,  and  install- 
ing a  cylindrical  aluminum  adapter  (neck  adap- 
ter) of  2  inches  diameter  and  2.6  inches  length 
as  shown  in  Figure  42. 

(3)  The  initial  position  of  the  dummy's  torso  is 
defined  by  the  plane  formed  by  the  rear  surfaces 
of  the  shoulders  and  buttocks  which  is  3  to  7 
degrees  forward  of  the  transverse  vertical  plane. 

(4)  Flex  the  thorax  forward  50  degrees  and  then 
rearward  as  necessary  to  return  the  dummy  to  its 
initial  torso  position,  unsupported  by  external 


PART  572-23 


(5)  Apply  a  forward  pull  force  in  the  midsagit- 
tal  plane  at  the  top  of  the  neck  adapter  so  that 
when  the  lumbar  spine  flexion  is  40  degrees,  the 
applied  force  is  perpendicular  to  the  thoracic  spine 
box. 

(i)  Apply  the  force  at  any  torso  deflection  rate 

between  0.5  and  1.5  degrees  per  second,  up  to 

40  degrees  of  flexion, 
(ii)  For  10  seconds,  continue  to  apply  a  force 

sufficient  to  maintain  40  degrees  of  flexion,  and 

record  the  highest  applied  force  during  the  10 

second  period, 
(iii)  Release  all  force  as  rapidly  as  possible, 

and  measure  the  return  angle  3  minutes  after 

the  release. 

§572.76     Limbs  assembly  and  test  procedure. 

(a)  Limbs  assembly.  The  limbs  consist  of  the  as- 
semblies designated  as  SA  106C  041,  SA  106C  042, 
SA  106C  071,  and  SA  106C  072,  on  drawing  No.  SA 
106C  001,  sheet  2,  and  conform  to  each  applicable 
drawing  listed  on  SA  106C  001,  sheets  14  through 
17. 

(b)  Limbs  assembly  impact  response  requirement. 

When  each  knee  is  impacted  at  7  ±  0.1  fps,  ac- 
cording to  paragraph  (c)  of  this  section,  the  maxi- 
mum force  on  the  femur  shall  not  be  more  than  1060 
pounds  and  not  less  than  780  pounds,  with  a 
duration  above  400  pounds  of  not  less  than  0.8 
milliseconds. 

(c)  Limbs  test  procedure.  The  test  procedure  for 
the  limbs  is  as  follows: 

(1)  Seat  and  orient  the  dummy  without  back 
support  on  a  seating  surface  that  is  11  ±  0.2  inches 
above  a  horizontal  (floor)  surface  as  specified  in 
§572.78(c). 

(i)  Orient  the  dummy  as  specified  in  Figure 
43  with  the  hip  joint  adjustment  at  any  setting 
between  Ig  and  2g. 

(ii)  Place  the  dummy's  legs  in  a  plane  parallel 
to  the  dummy's  midsagittal  plane  with  the  knee 
pivot  center  line  perpendicular  to  the  dummy's 
midsagittal  plane,  and  with  the  feet  flat  on  the 
horizontal  (floor)  surface. 

(iii)  Adjust  the  feet  and  lower  legs  until  the 
line  between  the  midpoint  of  each  knee  pivot  and 
each  ankle  pivot  is  within  2  degrees  of  the 
vertical. 

(2)  If  necessary,  reposition  the  dummy  so  that 
at  the  level  1  inch  below  the  seating  surface,  the 


rearmost  point  of  the  dummy's  lower  legs  remains 
not  less  than  3  inches  and  not  more  than  6  inches 
forward  of  the  forward  edge  of  the  seat. 

(3)  Align  the  test  probe  specified  in  §572.77(a) 
with  the  longitudinal  center  line  of  the  femur  force 
gauge,  so  that  at  impact,  the  probe's  longitudinal 
center  line  coincides  with  the  sensor's  longitudi- 
nal center  line  within  ±  2  degrees. 

(4)  Impact  the  knee  with  the  test  probe  moving 
horizontally  and  parallel  to  the  midsagittal  plane 
at  the  specified  velocity. 

(5)  Guide  the  test  probe  during  impact  so  that 
there  is  no  significant  lateral,  vertical,  or  rota- 
tional movement. 

§572.77     Instrumentation. 

(aXl)  Test  probe.  For  the  head,  thorax,  and  knee 
impact  test,  use  a  test  probe  that  is  rigid,  of  uniform 
density,  and  weighs  10  pounds  and  6  ounces,  with 
a  diameter  of  3  inches;  a  length  of  13.8  inches;  and 
an  impacting  end  that  has  a  rigid  flat  right  face  and 
edge  radius  of  0.5  inches. 

(2)  The  head  and  thorax  assembly  may  be 
instrumented  either  with  a  Type  A  or  Type  B 
accelerometer. 

(i)  Type  A  accelerometer  is  defined  in  draw- 
ing SA  572  SI. 

(ii)  Type  B  accelerometer  is  defined  in  draw- 
ing SA  572  S2. 

(b)  Head  accelerometers.  Install  accelerometers 
in  the  head  as  shown  in  drawing  SA  106C  001,  sheet 
1,  using  suitable  spacers  or  adaptors  as  needed  to 
affix  them  to  the  horizontal  transverse  bulkhead  so 
that  the  sensitive  axes  of  the  three  accelerometers 
intersect  at  the  point  in  the  midsagittal  plane  located 
0.4  inches  below  the  intersection  of  a  line  connect- 
ing the  longitudinal  center  lines  of  the  roll  pins  in 
either  side  of  the  dummy's  head  with  the  head's  mid- 
sagittal plane. 

(1)  The  head  has  three  orthogonally  mounted 
accelerometers  aligned  as  follows: 

(i)  Align  one  accelerometer  so  that  its  sensi- 
tive axis  is  perpendicular  to  the  horizontal  bulk- 
head in  the  midsagittal  plane. 

(ii)  Align  the  second  accelerometer  so  that  its 
sensitive  axis  is  parallel  to  the  horizontal  bulk- 
head, and  perpendicular  to  the  midsagittal 
plane. 

(iii)  Align  the  third  accelerometer  so  that  its 
sensitive  axis  is  parallel  to  the  horizontal  bulk- 
head in  the  midsagittal  plane. 


PART  572-24 


(iv)  The  seismic  mass  center  for  any  of  these 
accelerometers  may  be  at  any  distance  up  to  0.4 
inches  from  the  axial  intersection  point. 

(c)  Thoracic  accelerometers.  Install  accelerome- 
ters in  the  thoracic  assembly  as  shown  in  drawing 
SA  106C  001,  sheet  1,  using  suitable  spacers  and 
adaptors  to  affix  them  to  the  frontal  surface  of  the 
spine  assembly  so  that  the  sensitive  axes  of  the  three 
accelerometers  intersect  at  a  point  in  the  midsagit- 
tal  plane  located  0.95  inches  posterior  of  the  spine 
mounting  surface,  and  0.55  inches  below  the  horizon- 
tal centerline  of  the  two  upper  accelerometer  mount 
attachment  hole  centers. 

(1)  The  sternum-thoracic  assembly  has  three 
orthogonally  mounted  accelerometers  aligned  as 
follows: 

(i)  Align  one  accelerometer  so  that  its  sensi- 
tive axis  is  parallel  to  the  attachment  surface  in 
the  midsagittal  plane. 

(ii)  Align  the  second  accelerometer  so  that  its 
sensitive  axis  is  parallel  to  the  attachment  sur- 
face, and  perpendicular  to  the  midsagittal  plane. 

(iii)  Align  the  third  accelerometer  so  that  its 
sensitive  axis  is  perpendicular  to  the  attachment 
surface  in  the  midsagittal  plane. 

(iv)  The  seismic  mass  center  for  any  of  these 
accelerometers  may  be  at  any  distance  up  to  0.4 
inches  of  the  axial  intersection  point. 

(d)  Femur-sensing  device.  Install  a  force-sensing 
device  SA  572  SlO  axially  in  each  femur  shaft  as 
shown  in  drawing  SA  106C  072  and  secure  it  to  the 
femur  assembly  so  that  the  distance  measured  be- 
tween the  center  lines  of  two  attachment  bolts  is 
3  inches. 

(e)  Limb  joints.  Set  the  limb  joints  at  Ig,  barely 
restraining  the  limb's  weight  when  the  limb  is 
extended  horizontally,  and  ensure  that  the  force 
required  to  move  the  limb  segment  does  not  exceed 
2g  throughout  the  limb's  range  of  motion. 

(f)  Recording  outputs.  Record  the  outputs  of  ac- 
celeration and  force-sensing  devices  installed  in  the 
dummy  and  in  the  test  apparatus  specified  in  this 
Part,  in  individual  channels  that  conform  to  the 
requirements  of  SAE  Recommended  Practice  J211, 
October  1988,  with  channel  classes  as  set  out  in  the 
following  Table  C. 

Table  C 


Device 


Channel 


Head  acceleration 
Pendulum  acceleration 
Thorax  acceleration 
Femur-force 


Class  180 
Class  600 


The  mountings  for  sensing  devices  shall  have  no 
resonance  frequency  within  a  range  of  3  times  the 
frequency  range  of  the  applicable  channel  class. 

§572.78    Performance  test  conditions. 

(a)  Conduct  performance  tests  at  any  temperature 
from  66°  F  to  78°  F,  and  at  any  relative  humidity 
from  10  percent  to  70  percent,  but  only  after  hav- 
ing first  exposed  the  dummy  to  these  conditions  for 
a  period  of  not  less  than  4  hours. 

(b)  For  the  performance  tests  specified  in  §572.72 
(head),  §572.74  (thorax),  §572.75  flumbar  spine,  ab- 
domen, and  pelvis),  and  §572.76  (limbs),  position  the 
dummy  as  set  out  in  paragraph  (c)  of  this  section. 

(c)  Place  the  dummy  on  a  horizontal  seating  sur- 
face covered  by  teflon  sheeting  so  that  the  dummy's 
midsagittal  plane  is  vertical  and  centered  on  the  test 
surface. 

(1)  The  seating  surface  is  flat,  rigid,  clean,  and 
dry,  with  a  smoothness  not  exceeding  40 
microinches,  a  length  of  at  least  16  inches,  and  a 
width  of  at  least  16  inches. 

(2)  For  head  impact  tests,  the  seating  surface 
has  a  vertical  back  support  whose  top  is  12.4  ± 
0.2  inches  above  the  horizontal  surface,  and  the 
rear  surfaces  of  the  dummy's  back  and  buttocks 
touch  the  back  support  as  shown  in  Figure  40. 

(3)  For  the  thorax,  lumbar  spine,  and  knee  tests, 
the  horizontal  surface  is  without  a  back  support  as 
shown  in  Figure  41  (for  the  thorax).  Figure  42  (for 
the  lumbar  spine),  and  Figure  43  (for  the  knee). 

(4)  Position  the  dummy's  arms  and  legs  so  that 
their  center  lines  are  in  planes  parallel  to  the  mid- 
sagittal plane. 

(5)  Adjust  each  shoulder  yoke  so  that  with  its 
upper  surface  horizontal,  a  yoke  is  at  the  midpoint 
of  its  anterior-posterior  travel. 

(6)  Adjust  the  dummy  for  head  and  knee  impact 
tests  so  that  the  rear  surfaces  of  the  shoulders  and 
buttocks  are  tangent  to  a  transverse  vertical  plane. 

(d)  The  dummy's  dimensions  are  specified  in 
drawings  SA  106C  001,  sheets  3  through  6. 

(e)  Unless  otherwise  specified  in  this  regulation, 
performance  tests  of  the  same  component,  segment, 
assembly  or  fully  assembled  dummy  are  separated 
in  time  by  a  period  of  not  less  than  20  minutes. 

(f)  Unless  otherwise  specified  in  this  regulation, 
the  surfaces  of  the  dummy  components  are  not 
painted.  (56  F.R.  57830— November  14, 1991.  Effective: 
May  12,  1992) 


PART  572-25 


IMPACTOR 


^O''         IMPACTOR  SUPPORT  WIRE 


NOTES:  1.  DUMMY  IMPACT  SENSORS  NOT  USED  IN  THIS  TEST  MAY  BE  REPLACED  BY 
EQUIVALENT  DEAD  WEIGHTS 

2.  NO  EXTERNAL  SUPPORTS  ARE  REQUIRED  ON  THE  DUMMY  TO  MEET 
SET-UP  SPECIFICATIONS. 

3.  THE  MIDSAGITTAL  PLANE  OF  THE  DUMMY  IS  VERTICAL  WITHIN  +/-1  DEG 

4.  THE  MIDSAGITTAL  PLANE  OF  THE  HEAD  IS  CENTERED  WITH  RESPECT 
TO  THE  LONGITUDINAL  CENTERLINE  OF  THE  PENDULUM  WITHIN  0.1 2  IN. 

Figure  40— Head  Impact  Test  Set-Up 

PART  572-Subpart  I-ART  PAGE  1 


IMPACTOR  SUPPORT  WIRE 


IMPACTOR 


(t  IMPACTOR 


SET  UP  WITH?  OF 

#3  RIB  HORIZONTAL  +'/! 


NOTES:  1.  DUMMY  IMPACT  SENSORS  NOT  USED  IN  THIS  TEST  MAY  BE  REPLACED  BY 
EQUIVALENT  DEAD  WEIGHTS 

2.  NO  EXTERNAL  SUPPORTS  ARE  REQUIRED  ON  THE  DUMMY  TO  MEET 
SET-UP  SPECIFICATIONS. 

3.  THE  MIDSAGITTAL  PLANE  OF  THE  DUMMY  IS  VERTICAL  WITHIN  +/-1  DEG 

4.  THE  MIDSAGITTAL  PLANE  OF  THE  THORAX  IS  CENTERED  WITH  RESPECT 
TO  THE  LONGITUDINAL  CENTERLINE  OF  THE  PENDULUM  WITHIN  0.1 2  IN. 


Figure  41  —Thorax  Impact  Test  Set-Up 

PART  572-Subpart  I-ART  PAGE  2 


NECK  ADAPTER 


') 


-1.78-1 

..         J DRILL  53  THRU 


ANGLE  GAGE  (OPTIONAL) 
SWIVEL  CONNECTION 

FORCE  GAGE  (OlOO  LBS) 
PULL  RING 


DRIVE  MOTOR  (OPTIONAL) 
(SUGGESTED  5  RPM,  130+ 
INCH  LBS  TORQUE  1" 
SPINDLE) 


'/2-20  SOC.HD.  SCREW 
WELDED  TO  D/605  SCREW  & 
BOLTED  THRU  TABLE 


NOTES:  1.  DUMMY  IMPACT  SENSORS  NOT  USED  IN  THIS  TEST  MAY  BE  REPLACED  BY 
EQUIVALENT  DEAD  WEIGHTS 

2.  NO  EXTERNAL  SUPPORTS  ARE  REQUIRED  ON  THE  DUMMY  TO  MEET 
SET-UP  SPECIFICATIONS. 

3.  THE  MIDSAGITTAL  PLANE  OF  THE  DUMMY  IS  VERTICAL  WITHIN 
+  /-I  DEa 

4.  THE  DUMMY  IN  THE  SEATED  POSITION  IS  FIRMLY  AFFIXED  TO  THE  TEST 
BENCH  AT  THE  PELVIC  BONE  AND  AT  THE  KNEES. 

5.  THE  PULL-FLEXION  FORCE,  APPLIED  THROUGH  A  RIGID  NECK  ADAPTOR 
WHICH  IS  MOUNTED  ON  TOP  OF  THE  THORACIC  STERNUM  ASSEMBLY 
(C/601),  IS  ALIGNED  WITH  THE  MIDSAGITTAL  PLANE  OF  THE 

DUMMY  WITHIN -h/-1  DEQ 

6.  THE  SWIVEL  FOR  THE  FORCE  MEASURING  SENSOR  MUST  NOT  BIND  OR 
BOTTOM  OUT  THROUGH  THE  ENTIRE  LOADING  CYCLE 

Figure  42— Lumbar  Spine  Flexion  Test  Set-Up 

PART  572-Subpart  I-ART  PAGE  3 


HIP  PIVOT 
CENTERLINE 


SEATING  SURFACE 
HORIZONTAL  ±  .5° 


FEMUR  FORCE  GAGE  IN  LINE 


IMPACTOR  SUPPORT 

WIRE 


KNEE-ANKLE  BOLT  CENTER  LINE 


MINIMUM  DISTANCE  3"  TO  6 


NOTES:  1.  DUMMY  IMPACT  SENSORS  NOT  USED  IN  THIS  TEST  MAY  BE  REPLACED  BY 
EQUIVALENT  DEAD  WEIGHTS 

2.  NO  EXTERNAL  SUPPORTS  ARE  REQUIRED  ON  THE  DUMMY  TO  MEET 
SET-UP  SPECIFICATIONS. 

3.  THE  MIDSAGITTAL  PLANE  OF  THE  DUMMY  IS  VERTICAL  WITHIN 
-I-/-1  DEa 

4.  CENTERLINE  OF  THE  IMPACTED  FEMUR  IS  ALIGNED  WITH  THE 
CENTERLINE  OF  THE  IMPACTOR  AND  THE  PLANE  OF  THE  IMPACTOR 
MOTION  WITHIN +/-1  DEG. 

Figure  43— Knee  Impact  Test  Set-Up 


PART  572-Subpart  I-ART  PAGE  4 


Subpart  J-9-Month-Old  Child 

1672.80  Incorporated  materials. 
^\  The  drawings  and  specifications  referred  to  in  this 
'  regulation  that  are  not  set  forth  in  full  are  hereby 
incorporated  in  this  part  by  reference.  These  mater- 
ials are  thereby  made  part  of  this  regulation.  The 
Director  of  the  Federal  Register  approved  the 
materials  incorporated  by  reference  in  accordance 
with  5  U.S.C.  5B2(a)  and  1  CFR  Part  51.  Copies  of 
the  materials  may  be  obtained  from  Rowley-Scher 
Reprographics,  Inc.,  1216  K  Street,  N.W.,  Washing- 
ton, D.C.  20002,  (202)  628-6667.  Copies  are  availa- 
ble for  inspection  in  the  general  reference  section 
of  Docket  89-11,  Docket  Section,  National  Highway 
Traffic  Safety  Administration,  Room  5109,  400 
Seventh  Street,  S.W.,  Washington,  D.C,  or  at  the 
Office  of  the  Federal  Register,  1100  L  Street,  N.W., 
Room  8401,  Washington,  D.C. 

§572.81    General  description. 

(a)  The  dummy  consists  of: 

(1)  The  assembly  specified  in  drawing  LP 
1049/A,  which  is  described  in  its  entirety  by  means 
of  approximately  54  separate  drawings  and 
specifications:  1049/1  through  1049/54; 

(2)  A  parts  list  LP  1049/0  (5  sheets);  and 

(3)  A  report  entitied,  "The  TNO  P3/4  Child 
^  Dummy  Users  Manual,"  January  1979,  published 
m\     by  Instituut  voor  Wegtransportmiddelen  TNO. 

(b)  Adjacent  dummy  segments  are  joined  in  a 
manner  such  that  throughout  the  range  of  motion 
and  also  under  simulated  crash-impact  conditions 
there  is  no  contact  between  metallic  elements  ex- 
cept for  contacts  that  exist  under  static  conditions. 

(c)  The  structural  properties  of  the  dummy  are 
such  that  the  dummy  conforms  to  this  Part  in  every 
respect  both  before  and  after  being  used  in  dynamic 
tests  such  as  that  specified  in  Standard  No.  213  of 
this  Chapter  (§571.213). 

§572.82     Head. 

The  head  consists  of  the  assembly  shown  in  draw- 
ing LP  1049/A  and  conforms  to  each  of  the  appli- 
cable drawings  listed  under  LP  1049/0  through  54. 

§572.83     Head-Neck. 

The  head-neck  assembly  shown  in  drawing  1049/A 
consists  of  parts  specified  as  items  1  through  16  and 
in  item  56. 

§572.84    Thorax. 

The  thorax  consists  cf  the  part  of  the  torso  shown 
in  assembly  drawing  LP  1049/A  and  conforms  to 


each  of  the  applicable  drawings  listed  under  SP 
1049/0  through  54. 

1672.86    Lumbar  spine  flexure. 

(a)  When  subjected  to  continuously  applied  force 
in  accordance  with  paragraph  (b)  of  this  section,  the 
lumbar  spine  assembly  shall  flex  by  an  amount  that 
permits  the  thoracic  spine  to  rotate  from  its  initial 
position  in  accordance  with  Figure  No.  18  of  $572.21 
(49  CFR  Part  572)  by  40  degrees  at  a  force  level  of 
not  less  than  18  pounds  and  not  more  than  22 
pounds,  and  straighten  upon  removal  of  the  force 
to  within  5  degrees  of  its  initial  position. 

(b)  Test  procedure. 

(1)  The  lumbar  spine  flexure  test  is  conducted 
on  a  dummy  assembly  as  shown  in  drawing  LP 
1049/A,  but  with  the  arms  (which  consist  of  parts 
identified  as  items  17  through  30)  and  all  head- 
neck  parts  (identified  as  items  1  through  13  and 
59  through  63)  removed. 

(2)  With  the  torso  assembled  in  an  upright 
position,  adjust  the  lumbar  cable  by  tightening  the 
adjustment  nut  for  the  lumbar  vertebrae  until  the 
spring  is  compressed  to  %  of  its  unloaded  length. 

(3)  Position  the  dummy  in  an  upright  seated 
position  on  a  seat  as  indicated  in  Figure  18  of 
§572.21  (lower  legs  do  not  need  to  be  removed,  but 
must  be  clamped  firmly  to  the  seating  surface),  en- 
suring that  all  dummy  component  surfaces  are 
clean,  dry,  and  untreated  unless  otherwise 
specified. 

(4)  Firmly  affix  the  dummy  to  the  seating  sur- 
face through  the  pelvis  at  the  hip  joints  by  suita- 
ble clamps  that  also  prevent  any  relative  motion 
with  respect  to  the  upper  legs  during  the  test  in 
§572.65(cX3)  of  this  Part.  Install  a  pull  attachment 
at  the  neck  to  torso  juncture  as  shown  in  Figure 
18  of  §572.21. 

(5)  Flex  the  thorax  forward  50  degrees  and  then 
rearward  as  necessary  to  return  it  to  its  initial 
position. 

(6)  Apply  a  forward  pull  force  in  the  midsagit- 
tal  plane  at  the  top  of  the  neck  adapter  so  that  at 
40  degrees  of  the  lumbar  spine  flexion  the  applied 
force  is  perpendicular  to  the  thoracic  spine  box. 
Apply  the  force  at  any  torso  deflection  rate  be- 
tween 0.5  and  1.5  degrees  per  second  up  to  40 
degrees  of  flexion  but  no  further;  maintain  40 
degrees  of  flexion  for  10  seconds,  and  record  the 
highest  applied  force  during  that  time.  Release  aU 
force  as  rapidly  as  possible  and  measure  tb"  "  itum 
angle  3  minutes  after  releasp 


PART  572-27 


§572.86  Test  conditions  and  dummy  adjustment. 

(a)  With  the  complete  torso  on  its  back  lying  on 
a  horizontal  surface  and  the  neck  assembly  mounted 
and  shoulders  on  the  edge  of  the  surface,  adjust  the 
neck  such  that  the  head  bolt  is  lowered  0.40  ±  0.05 
inches  (10  ±  1  mm)  after  a  vertically  applied  load 
of  11.25  pounds  (50  N)  applied  to  the  head  bolt  is 
released. 

(b)  With  the  complete  torso  on  its  back  with  the 
adjusted  neck  assembly  as  specified  in  §572. 66(a), 
and  lying  on  a  horizontal  surface  with  the  shoulders 
on  the  edge  of  the  surface,  mount  the  head  and 
tighten  the  head  bolt  and  nut  firmly,  with  the  head 
in  horizontal  position.  Adjust  the  head  joint  at  the 
force  between  l-2g,  which  just  supports  the  head's 
weight. 

(c)  Using  the  procedures  described  below,  limb 
joints  are  set  at  the  force  between  l-2g,  which  just 
supports  the  limbs'  weight  when  the  limbs  are 
extended  horizontally  forward: 

(1)  With  the  complete  torso  lying  with  its  front 
down  on  a  horizontal  surface,  with  the  hip  joint 
just  over  the  edge  of  the  surface,  mount  the  upper 
leg  and  tighten  hip  joint  nut  firmly.  Adjust  the  hip 
joint  by  releasing  the  hip  joint  nut  until  the  upper 
leg  just  starts  moving. 

(2)  With  the  complete  torso  and  upper  leg  lying 
with  its  front  up  on  a  horizontal  surface,  with  the 
knee  joint  just  over  the  edge  of  the  surface,  mount 
the  lower  leg  and  tighten  knee  joint  firmly.  Ad- 
just the  knee  joint  by  releasing  the  knee  joint  nut 
until  the  lower  leg  just  starts  moving. 


(3)  With  the  torso  in  an  upright  position,  mount 
the  upper  arm  and  tighten  firmly  the  adjustment 
bolts  for  the  shoulder  joint  with  the  upper  arm 
placed  in  a  horizontal  position.  Adjust  the  shoul- 
der joint  by  releasing  the  shoulder  joint  nut  until 
the  upper  arm  just  starts  moving. 

(4)  With  the  complete  torso  in  an  upright  posi- 
tion and  upper  arm  in  a  vertical  position,  mount 
the  forearm  in  a  horizontal  position  and  tighten 
the  elbow  hinge  bolt  and  nut  firmly.  Adjust  the 
elbow  joint  nut  imtil  the  forearm  just  starts 
moving. 

(d)  With  the  torso  assembled  in  an  upright  posi- 
tion, the  adjustment  nut  for  the  lumbar  vertebrae 
is  tightened  until  the  spring  is  compressed  to  %  of 
its  unloaded  length. 

(e)  Performance  tests  are  conducted  at  any  tem- 
perature from  66°  to  78°  F  and  at  any  relative 
humidity  from  10  percent  to  70  percent  after  ex- 
posure of  the  dummy  to  these  conditions  for  a  peri- 
od of  not  less  than  four  hours. 

(f)  Performance  tests  of  the  same  component, 
segment,  assembly,  or  fully  assembled  dummy  are 
separated  in  time  by  a  period  of  not  less  than  20 
minutes  unless  otherwise  specified. 

(g)  Surfaces  of  the  dummy  components  are  not 
painted  except  as  specified  in  the  part  or  in  draw- 
ings incorporated  by  this  part.  (56  F.R. 
41077— August  19, 1991.  Effective:  February  15, 1992) 

38  F.R.  20499 
August  1,  1973 


PART  572-28 


3V2  square  inches.  If  multiple  compartment  lamps 
or  multiple  lamps  are  used,  the  effective  projected 
luminous  area  of  each  compartment  or  lamp  shall 
be  not  less  than  3V2  square  inches;  however,  the 
photometric  requirements  may  be  met  by  a  com- 
bination of  compartments  or  lamps.  Each  such 
lamp  manufactured  for  use  on  a  multipurpose 
passenger  vehicle,  truck,  trailer  or  bus  80  inches  or 
more  in  overall  width  shall  have  an  effective  pro- 
jected luminous  area  not  less  than  12  square 
inches. 

[(b)  Each  turn  signal  lamp  manufactured  to 
replace  a  turn  signal  lamp  that  was  designed  to 
conform  to  SAE  Standard  J588e,  Turn  Signal 
Lamps,  September  1970,  may  also  be  designed  to 
conform  to  SAE  Standard  J588e.  Note  6  of  Table  1 
of  SAE  Standard  J588e  does  not  apply.  A  stop 
lamp  that  is  not  optically  combined  with  a  turn 
signal  lamp  shall  remain  activated  when  the  turn 
signal  is  flashing.  (55  F.R.  20158-May  15,  1990. 
Effective:  December  1,  1990)J 

[(c)  A  multipurpose  passenger  vehicle,  truck, 
bus,  or  trailer,  whose  overall  width  is  80  inches  or 
greater,  manufactured  on  or  before  November  30, 
1991,  and  whose  turn  signal  lamps  are  located 
more  than  22  inches  apart,  may  be  equipped  with 
turn  signal  lamps  designed  to  conform  to  SAE 
Standard  J588e,  Turn  Signal  Lamps,  September 
1970.  (55  F.R.  20158— May  15,  1990.  Effective: 
December  1,  1990)] 

55.1.1.8  For  each  motor  vehicle  less  than  30  feet 
in  overall  length,  the  photometric-minimum 
candlepower  requirements  for  side  marker  lamps 
specified  in  SAE  Standard  J592e,  Clearance,  Side 
Marker,  and  Identification  Lamps,  July  1972,  may 
be  met  for  all  inboard  test  points  at  a  distance  of  15 
feet  from  the  vehicle  and  on  a  vertical  plane  that  is 
perpendicular  to  the  longitudinal  axis  of  the  vehicle 
and  located  midway  between  the  front  and  rear 
side  marker  lamps. 

55.1.1.9  A  boat  trailer  whose  overall  width  is  80 
inches  or  more  need  not  be  equipped  with  both 
front  and  rear  clearance  lamps  provided  an  amber 
(to  front)  and  red  (to  rear)  clearance  lamp  is 
located  at  or  near  the  midpoint  on  each  side  so  as 
to  indicate  its  extreme  width. 

55.1.1.10  Multiple  license  plate  lamps  and 
backup  lamps  may  be  used  to  fulfill  the  require- 


ments of  the  SAE  Standards  applicable  to  such 
lamps  referenced  in  Tables  I  and  III. 

S5.1.1.11  [A  parking  lamp,  tail  lamp,  stop  lamp 
manufactured  to  replace  a  stop  lamp  designed  to 
conform  to  SAE  Standard  J686c,  Stop  Lamps, 
August  1970,  or  turn  signal  lamp  manufactured  to 
replace  a  turn  signal  lamp  that  was  designed  to 
conform  to  SAE  Standard  J588e,  Turn  Signal 
Lamps,  September  1970,  shall  meet  the  minium 
percentage  specified  in  Figure  la  of  the 
corresponding  minimum  allowable  value  specified 
in  Table  1  and  Table  3  of  SAE  J588  NOV84  Turn 
Signal  Lamps  except  that  motorcycle  turn  signal 
lamps  need  meet  only  one-half  of  the  minimum 
photometric  values  specified  in  Figure  lb.  (55  F.R. 
20158-May  15,  1990.  Effective:  December  1,  1990)1 


(deg) 


Turn 
signal 


Stop 


Park- 
ing 


Tail 


lOU, 

lOD  .. 

..  5L, 

5R 

20 

20 

20 

20 

20L 

,20R 

12.5 

12.5 

10 

15 

5U, 

5D 

. .  lOL 

,  lOR 

37.5 

37.5 

20 

40 

V 

87.5 

87.5 

70 

90 

lOL 

,  lOR 

50 

50 

35 

40 

H  .. 

.  5L, 

5R 

100 

100 

90 

100 

V 

100 

100 

100 

100 

Figure  la.— Required  percentages  of  minimum  candlepower 
of  Figure  lb. 

NOTE. -Minimum  design  candlepower  requirements  are  determined  by 
multiplying  the  percentages  given  in  this  Figure  by  the  minimum 
allowable  candlepower  values  in  Figure  lb.  The  resulting  values  shall  be 
truncated  after  one  digit  to  the  right  of  the  decimal  point. 


Lamp 


Lighted  Sections 

2  S 


Stop 80/300  95/360  110/420 

Tail' 2/18  3.5/20  5.0/25 

Parking^   4.0/125  

Red  turn  signal 80/300  95/360  110/420 

Yellow  turn  signal  rear 130/750  150/900  175/1050 

Yellow  turn  signal  front 200/  -  240/  -  275/  - 

Yellow  turn  signal  front'  ....  500/  -  600/  -  685/  - 

Figure  lb.— Minimum  and  maximum  allowable  candlepower 
values. 

'  Maximum  at  H  or  above. 

'  The  maximum  candlepower  value  of  125  applies  to  all  test  points  at  H 
or  above.  The  maximum  allowable  candlepower  value  below  H  is  250. 

'  Values  apply  when  the  optical  axis  (filament  center)  of  the  front-turn 
signal  is  at  a  spacing  less  than  4  inches  (10  cm.)  from  the  lighted  edge  of 
the  headlamp  unit  providing  the  lower  beam,  or  from  the  lighted  edge  of 
any  additional  lamp  installed  as  original  equipment  and  which  sup- 
plements the  lower  beam.lower  beam. 


(Rev.  5/15/90) 


PART  571;  S  108- 


S5.1.1.12  [A  parking  lamp,  tail  lamp,  stop  lamp 
manufactured  to  replace  a  stop  lamp  designed  to 
conform  to  SAE  Standard  J586c  Stop  Lamps, 
August  1970,  or  turn  signal  lamp  manufactured  to 
replace  a  turn  signal  lamp  designated  to  conform 
to  the  SAE  Standard  J588e,  Turn  Signal  Lamps, 
September  1970,  is  not  required  to  meet  the 
minimum  photometric  value  at  each  test  point 
specified  in  this  standard  if  the  sum  of  the  percen- 
tages of  the  minimum  candlepower  measured  at 
the  test  points  is  not  less  than  that  specified  for 
each  group  listed  in  Figure  Ic.  (55  F.R.  20158— May 
15,  1990.  Effective:  December  1,  1990)1 


Groups  and  test  points        ^"'^,      Stop    ^°-'^^'     Tail 
signal  ing 

10U-5L,  5U-20L,  5D-20L, 

10D-5L 65  65  60        70 

5U-10L,  H-IOL,  5D-10L  .        125         125  75      120 

H-5L,  5U-V,  H-V,  5D-V, 

H-5R 475        475        420      480 

5U-10R.  H-IOR,  5D-10R  .        125         125  75      120 

10U-5R,  5U-20R,  5D-20R, 

10D-5R 65  65  60        70 

Figure  Ic— Sum  of  the  percentages  of  grouped  minimum 
candlepower. 

55.1.1.13  Each  passenger  car,  and  each 
multipurpose  passenger  vehicle,  truck,  and  bus  of 
less  than  80  inches  overall  width,  shall  be  equipped 
with  a  turn  signal  operating  unit  designed  to  com- 
plete a  durability  test  of  100,000  cycles. 

55.1.1.14  A  trailer  that  is  less  than  30  inches  in 
overall  width  may  be  equipped  with  only  one  tail 
lamp,  stop  lamp,  and  rear  reflex  reflector,  which 
shall  be  located  at  or  near  its  vertical  centerHne. 

55.1.1.15  A  trailer  that  is  less  than  6  feet  in 
overall  length,  including  the  tongue,  need  not  be 
equipped  with  front  side  marker  lamps  and  front 
side  reflex  reflectors. 

55.1.1.16  A  lamp  designed  to  use  a  type  of  bulb 
that  has  not  been  assigned  a  mean  spherical 
candlepower  rating  by  its  manufacturer  and  is  not 
listed  in  SAE  Standard  J  573d,  Lamp  Bulbs  and 
Sealed  Units,  December  1986,  shall  meet  the  ap- 
plicable requirements  of  this  standard  when  used 
with  any  bulb  of  the  type  specified  by  the  lamp 
manufacturer,  operated  at  the  bulb's  design 
voltage.  A  lamp  that  contains  a  sealed-in  bulb  shall 


meet  these  requirements  with  the  bulb  operated  at 
the  bulb's  design  voltage. 

55.1.1.17  Except  for  a  lamp  having  a  sealed-in      ^ 
bulb,  a  lamp  shall  meet  the  applicable  requirements 

of  this  standard  when  tested  with  a  bulb  whose  fila- 
ment is  positioned  within  +.010  inch  of  the 
nominal  design  position  specified  in  SAE  Standard 
J573d,  Lamp  Bulbs  and  Sealed  Units,  December 
1968,  or  specified  by  the  bulb  manufacturer. 

55.1.1.18  A  backup  lamp  is  not  required  to  meet 
the  minimum  photometric  values  at  each  test  point 
specified  in  Table  I  of  SAE  Standard  J593c, 
Backup  Lamps,  February  1968  if  the  sum  of  the 
candlepower  measured  at  the  test  points  within 
each  group  listed  in  Figure  2  is  not  less  than  the 
group  totals  specified  in  that  figure. 

(a)  Each  headlamp  system,  other  than  a 
headlamp  system  designed  to  conform  to 
paragraph  S7.5,  that  is  designed  to  use  such  exter- 
nal aiming  devices  shall  not  deviate  more  than  0.30 
degree  when  a  downward  torque  of  201b.-in.  (2.25 
N-m)  is  applied  to  the  headlamp  in  its  normal 
operating  position,  through  the  lamp's  mechanical 
axis  at  the  plane  of  the  forwardmost  aiming  pad. 
Each  headlamp  system  that  is  designed  to  conform 
to  paragraph  S7.5  and  that  is  designed  to  use  such 
external  aiming  devices,  and  which  is  manufac-  i 
tured  on  or  after  September  1,  1990,  shall  comply 
with  this  paragraph. 

55.1.1.19  Each  variable  load  turn  signal  flasher 
shall  comply  with  voltage  drop  and  durability  re- 
quirements of  SAE  Standard  J590b,  Turn  Signal 
Flasher,  October  1965  with  the  maximum  design 
load  connected,  and  shall  comply  with  starting 
time,  flash  rate,  and  percent  current  "on"  time  re- 
quirements of  J590b  both  with  the  minimum  and 
with  the  maximum  design  load  connected. 

55.1.1.20  The  lowest  voltage  drop  for  turn  signal 
flashers  and  hazard  warning  signal  flashers 
measured  between  the  input  and  load  terminals 
shall  not  exceed  0.8  volt. 

55.1.1.21  A  motor-driven  cycle  whose  speed  at- 
tainable in  1  mile  is  30  mph  or  less  need  not  be 
equipped  with  turn  signal  lamps. 

55.1.1.22  A  motor-driven  cycle  whose  speed  at- 
tainable in  1  mile  is  30  mph  or  less  may  be  equipped 
with    a    stop    lamp    whose    effective    projected 


(Rev.  5/15/90) 


PART  571;  S  108-4 


BOSTON  PUBLIC  LIBRARY 


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