[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Rules and Regulations]
[Pages 50995-51004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25609]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[DOT Docket No. NHTSA-98-4463]
RIN: 2127-AG55
Federal Motor Vehicle Safety Standards; Metric Conversion
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule, technical amendments; response to petition for
reconsideration.
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SUMMARY: On May 27, 1998, NHTSA published a final rule amending
selected Federal Motor Vehicle Safety Standards (FMVSSs) by converting
English measurements specified in those standards to metric
measurements. In this document, NHTSA corrects typographical and other
errors in the May 1998 final rule. This document also responds to a
petition for reconsideration filed by Toyota, and public comments by
the Truck Manufacturers Association and Ford to correct typographical
errors in the final rule. The corrections of errors in this final rule
are not intended to make any changes in the stringency of the affected
FMVSSs.
DATES: This final rule is effective May 27, 1999. Optional early
compliance with the changes made in this final rule is permitted
beginning September 24, 1998.
ADDRESSES: Petitions for reconsideration of this final rule should
refer to the docket and notice number cited in the heading of this
final rule and be submitted to: Administrator, National Highway Traffic
Safety Administration, 400 Seventh St., SW, Washington, DC 20590. It is
requested, but not required, that 10 copies be submitted.
FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Nakama, Office of the
Chief Counsel, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Rm. 5219, Washington, DC 20590. Ms. Nakama's e-mail
address is: dnakama@nhtsa.dot.gov and her telephone number is: (202)
366-2992.
SUPPLEMENTARY INFORMATION: On May 27, 1998 (63 FR 28922), NHTSA
published in the Federal Register a final rule revising selected
Federal Motor Vehicle Safety Standards by converting English
measurements specified in those standards to metric measurements. The
final rule was one of several rulemaking actions that NHTSA is
undertaking to implement the Federal policy that the metric system of
measurement is the preferred system of weights and measures for United
States trade and commerce. The converted figures are not intended to
make any substantive changes in the stringency of the affected FMVSSs.
Upon reviewing the Federal Register publication, NHTSA noted
certain typographical and other errors in the amended regulatory text
and in Tables or Figures. NHTSA also received a petition for
reconsideration from Toyota and public comments from the Truck
Manufacturers Association and Ford noting additional errors in the
final rule. In this final rule, NHTSA will correct errors in the
following standards as described below:
NHTSA's Changes to the Final Rule
Standard No. 101, Controls and displays--NHTSA noted that S5 does
not reflect the current version of the regulatory text. Also, at the
bottom of Table 1, footnote 5 should include the word ``filled,'' not
``filed'' as appeared in the final rule.
[[Page 50996]]
Standard No. 104, Windshield wiping and washing systems--NHTSA
noted that in S3, Definitions, ``Glazing surface reference line''
refers to a measurement that was originally 25 inches. In converting 25
inches to the metric system, NHTSA multiplied that figure by 25 mm,
resulting in 625 mm. NHTSA subsequently determined that because the
glazing surface reference line centers the windshield wiper path on the
windshield, a difference of 10 mm could result in a different wiper
path center, substantively changing the Standard. Therefore, in this
final rule, NHTSA changes the 625 mm measurement to 635 mm, which is
obtained by multiplying 25 inches by 25.4 mm, a more exact measurement
than 25 mm.
Standard No. 209, Seat belt assemblies--In S4.2(b), NHTSA changes
the three kilo Newton measurements to Newton measurements to make the
measurements consistent with the rest of the Standard. In S5.2(e),
NHTSA corrects a typographical error in the rate at which the webbing
is to be drawn through the adjusting device to read ``508 mm
mm'' per minute.
Standard No. 123, Motorcycle controls and displays--NHTSA noted
that in Table 3, column 2, the term ``enricher'' should be
``enrichener.'' ``Enrichener'' refers to mixture enrichment equipment
and has been included in previous versions of Table 3. Also, there were
two typographical errors in footnote 4 at the bottom of Table 3; the
word ``filed'' should be ``filled'' and the second period at the end of
the sentence should be removed.
Toyota Petition for Reconsideration
In a petition dated July 7, 1998, Toyota asked that NHTSA correct
``several apparent errors and inconsistencies.'' Upon reviewing
Toyota's petition, NHTSA agrees that each error or inconsistency noted
by Toyota should be corrected. Therefore, in this final rule, NHTSA
also amends the following standards to correct errors as noted below:
Standard No. 101, Controls and displays--Toyota noted that in Table
1, footnotes 2 and 5 from column 3 referring to the marker lamps were
omitted, and the reference to ``10,000 lbs'' in the description of
footnote 4 should have been converted to 4536 kg. In Table 2, the note
for footnote 8 was omitted.
Standard No. 203, Impact protection for the driver from the
steering control system--Toyota noted an inconsistency between S5.1(a)
that referred to testing at a relative velocity of 24.1 km/h and a
force that shall not exceed 11,110 N, and S5.1(b) that referred to
testing at a relative velocity of 24 km/h and a force that shall not
exceed 11,120 N. Toyota suggested that a velocity of 24.1 km/h and a
force of 11,120 N be established to make the two provisions consistent.
Standard No. 209, Seat belt assemblies--Toyota stated its belief
that a ``force of less than 1,120 N'' in S4.4(a)(1) was in error, and
should have been ``11,120 N.''
Standard No. 302, Flammability of interior materials--Toyota noted
that S5.1.1 states: ``each hole 19 mm in diameter''. However, the
diagram in Figure 1 has an 18 mm diameter dimension. Toyota stated its
belief that the 18 mm diameter dimension in Figure 1 is incorrect and
that NHTSA intended 19 mm.
Truck Manufacturers Association Comments
In a letter dated August 19, 1998, the Truck Manufacturers
Association (TMA) noted typographical and other errors in the May 1998
final rule. NHTSA has reviewed TMA's comments, and will make the
following changes to the final rule:
Standard No. 101, Controls and displays--TMA noted several errors
in Tables 1 and 2. NHTSA concurs with TMA's comments and corrects
Tables 1 and 2 in this final rule.
Standard No. 116 Motor vehicle brake fluids--TMA noted that in
S6.3, the units for kinematic viscosity should be mm\2\/s not mm\2\s.
Ford Public Comments
In a letter dated September 9, 1998, Ford Motor Company's
Automotive Safety Office noted additional typographical and other
errors in the May 1998 final rule. NHTSA has reviewed Ford's comments,
and will make the following changes to the final rule:
Standard No. 101, Controls and displays--Ford notes that in Table
1, Note 4 should read ``Identification not required for vehicles with a
GVWR greater than 4536 kg or for narrow ring-type controls.'' Ford also
stated its view that in Table 2, under the ``SPEEDOMETER'' display,
Column 3 ``MPH km/h'' requires both English and metric units. Ford
recommends that it read: ``MPH and/or km/h'.
Standard No. 111, Rearview mirrors--In S5.1.1, Ford noted that to
be consistent with identical measurements in other provisions in
Standard No. 111, 60 m should be changed to 61 m. In S9.3(b)(2), Ford
noted the center of the mirror measurement should be 95 cm, not 95
cm\2\. Ford corrected various typographical errors in Table 1,
``Conversion Table from Spherometer Dial Reading to Radius of
Curvature''. Ford noted that in Figure 1, the measurement ``1/4''
should be 6.4 mm to be consistent with S12.3 of Standard No. 111.
Standard No. 204, Steering control rearward displacement--Ford
noted that S4.2 should read ``48 km/h'', not ``48.3 km/h'', to be
consistent with the test speeds specified in Standards 219 and 301.
Standard No. 209, Seat belt assemblies--Ford noted a typographical
error in S5.2(d), which should read ``* * * 334 N on the components of
a Type 2 seat belt assembly * * *''. The final rule omitted the word
``on'' in the sentence. Ford also asked that NHTSA include g force
measurements to acceleration measurements of 7 m/s\2\ (0.7 g) and 3 m/
s\2\ (0.3 g), specified at S4.2(j) and S5.2(j).
Regulatory Impacts
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
NHTSA has examined the impact of this rulemaking action under E.O.
12866 and the Department of Transportation's regulatory policies and
procedures. This rulemaking document was not reviewed under E. O.
12866, ``Regulatory Planning and Review.'' This action has been
determined to be not ``significant'' under DOT's regulatory policies
and procedures.
In converting the Federal Motor Vehicle Safety Standards from the
English to the metric measurement system, the agency has made
conversions in a way that does not substantively change the performance
requirements of the FMVSSs. In this final rule, NHTSA makes corrections
to errors that were in the May 27, 1998 final rule. NHTSA does not
believe motor vehicle manufacturers will incur any additional costs as
a result of this final rule. The impacts of this action are so minor
that a full regulatory evaluation has not been prepared.
B. Regulatory Flexibility Act
The agency has also considered the effects of this rulemaking
action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I
certify that this final rule will not have a significant economic
impact on a substantial number of small entities. The rationale for
this certification is that this final rule makes no substantive changes
to any Federal Motor Vehicle Safety Standards, and is limited to
correcting typographical and other errors in the May 27, 1998 final
rule that amended the Federal Motor Vehicle Safety Standards.
[[Page 50997]]
C. Environmental Impacts
In accordance with the National Environmental Policy Act of 1969,
the agency has considered the environmental impacts of this rulemaking
action and determined that as a final rule, it would not have a
significant impact on the quality of the human environment.
D. Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
E. Civil Justice Reform
This rule will not have a retroactive effect. Under Section 103(d)
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.
1392(d)), whenever a Federal motor vehicle safety standard is in
effect, a state may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard. Section 105 of the Act (15 U.S.C. 1394) sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires
agencies to prepare a written assessment of the cost, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of more than
$100 million annually. Because this final rule does not have a $100
million effect, no Unfunded Mandates assessment has been prepared.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the Federal Motor Vehicle Safety
Standards (49 CFR Part 571), are amended as set forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. Section 571.101 is amended by revising S5 to read as follows:
Sec. 571.101 Standard No. 101, Controls and displays.
* * * * *
S5 Requirements. 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 4,536 kg. 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.
* * * * *
3. Section 571.101 is amended by revising Table 1 and Table 2 that
follow S6. to read as follows:
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4. Section 571.104, is amended by revising in S3, the definition of
``Glazing surface reference line'' to read as follows:
Sec. 571.104 Standard No. 104; Windshield wiping and washing systems.
* * * * *
S3. * * *
Glazing surface reference line means the line resulting from the
intersection of the glazing surface and a horizontal plane 635
millimeters above the seating reference point, as shown in Figure 1 of
SAE Recommended Practice J903a, ``Passenger Car Windshield Wiper
Systems,'' May 1966.
* * * * *
5. Section 571.111 is amended by revising in S5.1.1, the first
sentence, and revising S9.3(b)(2) to read as follows:
Sec. 571.111 Standard No. 111; Rearview mirrors.
* * * * *
S5.1.1 Field of view. Except as provided in S5.3, the mirror shall
provide a field of view with an included horizontal angle measured from
the projected eye point of at least 20 degrees, and a sufficient
vertical angle to provide a view of a level road surface extending to
the horizon beginning at a point not greater than 61 m to the rear of
the vehicle when the vehicle is occupied by the driver and four
passengers or the designated occupant capacity, if less, based on an
average occupant weight of 68 kg. * * *
* * * * *
S9.2 * * *
(b) * * *
(2) Each mirror shall be located such that the distance from the
center point of the eye location of a 25th percentile adult female
seated in the driver's seat to the center of the mirror shall be at
least 95 cm.
* * * * *
6. Section 571.111 is amended by revising in S12.8, Figure 1 to
read as follows:
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7. In Sec. 571.111, Table I--``Conversion Table from Spherometer
Dial Reading to Radius of Curvature,'' following Figure 1 in S12.8, is
revised to read as follows:
Table I.--Conversion Table From Spherometer Dial Reading to Radius of
Curvature
------------------------------------------------------------------------
Radius of Radius of
Dial reading curvature curvature
(Inches) (mm)
------------------------------------------------------------------------
.00330........................................ 85.2 2164.1
.00350........................................ 80.4 2042.92
.00374........................................ 75.2 1910.1
.00402........................................ 70.0 1778.0
.00416........................................ 67.6 1717.0
.00432........................................ 65.1 1653.5
.00450........................................ 62.5 1587.5
.00468........................................ 60.1 1526.5
.00476........................................ 59.1 1501.1
.00484........................................ 58.1 1475.7
.00492........................................ 57.2 1452.9
.00502........................................ 56.0 1422.4
.00512........................................ 54.9 1394.5
.00522........................................ 53.9 1369.1
.00536........................................ 52.5 1333.5
.00544........................................ 51.7 1313.2
.00554........................................ 50.8 1290.3
.00566........................................ 49.7 1262.4
.00580........................................ 48.5 1231.9
.00592........................................ 47.5 1206.5
.00606........................................ 46.4 1178.6
.00622........................................ 45.2 1148.1
.00636........................................ 44.2 1122.7
[[Page 51001]]
.00654........................................ 43.0 1092.2
.00668........................................ 42.1 1069.3
.00686........................................ 41.0 1041.4
.00694........................................ 40.5 1028.7
.00720........................................ 39.1 993.1
.00740........................................ 38.0 965.2
.00760........................................ 37.0 939.8
.00780........................................ 36.1 916.9
.00802........................................ 35.1 891.5
.00822........................................ 34.2 868.7
.00850........................................ 33.1 840.7
.00878........................................ 32.0 812.8
.00906........................................ 31.0 787.4
.00922........................................ 30.5 774.7
.00938........................................ 30.0 762.0
.00960........................................ 29.3 744.2
.00980........................................ 28.7 729.0
.01004........................................ 28.0 711.2
.01022........................................ 27.5 698.5
.01042........................................ 27.0 685.8
.01060........................................ 26.5 673.1
.01080........................................ 26.0 660.4
.01110........................................ 25.3 642.6
.01130........................................ 24.9 632.5
.01170........................................ 24.0 609.6
.01200........................................ 23.4 594.4
.01240........................................ 22.7 576.6
.01280........................................ 22.0 558.8
.01310........................................ 21.5 546.1
.01360........................................ 20.7 525.8
.01400........................................ 20.1 510.5
.01430........................................ 19.7 500.4
.01480........................................ 19.0 482.6
.01540........................................ 18.3 464.8
.01570........................................ 17.9 454.7
.01610........................................ 17.5 444.5
.01650........................................ 17.1 434.3
.01700........................................ 16.6 421.6
.01750........................................ 16.1 408.9
.01800........................................ 15.6 396.2
.01860........................................ 15.1 383.5
.01910........................................ 14.7 373.4
.01980........................................ 14.2 360.7
.02040........................................ 13.8 350.5
.02100........................................ 13.4 340.4
.02160........................................ 13.0 330.2
.02250........................................ 12.5 317.5
.02340........................................ 12.0 304.8
.02450........................................ 11.5 292.1
.02560........................................ 11.0 279.4
.02680........................................ 10.5 266.7
.02810........................................ 10.0 254.0
.02960........................................ 9.5 241.3
.03130........................................ 9.0 228.6
.03310........................................ 8.5 215.9
------------------------------------------------------------------------
8. Section 571.116 is amended by revision S6.3 to read as follows:
Sec. 571.116 Standard No. 116, Motor vehicle brake fluids.
* * * * *
S6.3 Kinematic viscosities. Determine the kinematic viscosity of a
brake fluid in mm2/s by the following procedure. Run
duplicate samples at each of the specified temperatures, making two
times runs on each sample.
* * * * *
9. Section 571.123 is amended by revising Table 3 ``Motorcycle
Control and Display Identification'', that follows S5.2.5 and Tables 1
and 2, to read as follows:
Sec. 571.123 Standard No. 123, Motorcycle controls and displays.
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10. Section 571.203 is amended by revising in S5.1, paragraph (a)
to read as follows:
Sec. 571.203 Standard No. 203, Impact protection for the driver from
the steering control system.
S5.1 * * *
(a) When the steering control system is impacted by a body block in
accordance with SAE Recommended Practice J944 JUN80 Steering Control
System--Passenger Car--Laboratory Test Procedure, at a relative
velocity of 24 km/h, the impact force developed on the chest of the
body block transmitted to the steering control system shall not exceed
11,120 N, except for intervals whose cumulative duration is not more
than 3 milliseconds.
* * * * *
11. Section 571.204 is amended by revising in S4.2, the first
sentence to read as follows:
Sec. 571.204 Standard No. 204, Steering control rearward displacement.
* * * * *
S4.2 Vehicles manufactured on or after September 1, 1991. When a
passenger car or a truck, bus or multipurpose passenger vehicle with a
gross vehicle weight rating of 4,536 kg or less and an unloaded vehicle
weight of 2,495 kg or less is tested under the conditions of S5 in a 48
km/h perpendicular impact into a fixed collision barrier, the upper end
of the steering column and shaft in the vehicle shall not be displaced
more than 127 mm in a horizontal rearward direction parallel to the
longitudinal axis of the vehicle. * * *
* * * * *
12. Section 571.209 is amended by revising in S4.2, paragraph(b);
revising in S4.3(j), paragraphs (1) and (2); revising in S4.4,
paragraph (a)(1); and revising in S5.2, the second sentence in
paragraph (d)(1); the second sentence in paragraph (e), and the fourth
and fifth sentences in paragraph (j) to read as follows:
Sec. 571.209 Standard No. 209, Seat belt assemblies.
* * * * *
S4.2 Requirements for webbing.
* * * * *
(b) Breaking strength. The webbing in a seat belt assembly shall
have not less than the following breaking strength when tested by the
procedures specified in S5.1(b): Type 1 seat belt assembly--26,689 N;
Type 2 seat belt assembly--22,241 N for webbing in pelvic restraint and
17,793 N for webbing in upper torso restraint.
* * * * *
S4.3 Requirements for hardware.
* * * * *
(j) * * *
(1) Shall lock before the webbing extends 25 mm when the retractor
is subjected to an acceleration of 7 m/s\2\ (0.7 g);
(2) Shall not lock, if the retractor is sensitive to webbing
withdrawal, before the webbing extends 51 mm when the retractor is
subjected to an acceleration of 3 m/s\2\ (0.3 g) or less.
* * * * *
S4.4 Requirements for assembly performance.
(a) * * *
(1) The assembly loop shall withstand a force of not less than
22,241 N; that is, each structural component of the assembly shall
withstand a force of not less than 11,120 N.
* * * * *
S5.2 Hardware.
* * * * *
(d) Buckle release. (1) * * * After subjection to the force
applicable for the assembly being tested, the force shall be reduced
and maintained at 667 N on the assembly loop of a Type 1 seat belt
assembly, 334 N on the components of a Type 2 seat belt assembly. * * *
* * * * *
(e) Adjustment Force. * * * With no load on the anchor end, the
webbing shall be drawn through the adjusting device at a rate of 508 mm
50 mm per minute and the maximum force shall be measured to
the nearest 1 N after the first 25 mm of webbing movement. * * *
* * * * *
(j) Emergency-locking retractor. * * * A retractor that is
sensitive to webbing withdrawal shall be subjected to an acceleration
of 3 m/s2 (0.3 g) within a period of 50 milliseconds (ms)
while the webbing is at 75 percent extension, to determine compliance
with S4.3(j)(2). The retractor shall be subjected to an acceleration of
7 m/s2 (0.7 g) within a period of 50 milliseconds (ms),
while the webbing is at 75 percent extension, and the webbing movement
before locking shall be measured under the following conditions: For a
retractor sensitive to webbing withdrawal, the retractor shall be
accelerated in the direction of webbing retraction while the retractor
drum's central axis is oriented horizontally and at angles of 45 deg.,
90 deg., 135 deg., and 180 deg. to the horizontal plane. * * *
* * * * *
13. In Sec. 571.302, Figure 1, after S5.1.1, is revised to read as
follows:
Sec. 571.302 Standard No. 302; Flammability of interior materials.
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[GRAPHIC] [TIFF OMITTED] TR24SE98.036
Issued on: September 21, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-25609 Filed 9-23-98; 8:45 am]
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