99-28366. Federal Motor Vehicle Safety Standards; Occupant Crash Protection  

  • [Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
    [Proposed Rules]
    [Pages 60556-60629]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-28366]
    
    
    
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    Part III
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    National Highway Traffic Safety Administration
    
    
    
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    49 CFR Parts 552, 571, 585, and 595
    
    
    
    Federal Motor Vehicle Safety Standards; Occupant Crash Protection; 
    Proposed Rule
    
    Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / 
    Proposed Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Parts 552, 571, 585, and 595
    
    [Docket No. NHTSA 99-6407; Notice 1]
    RIN 2127-AG70
    
    
    Federal Motor Vehicle Safety Standards; Occupant Crash Protection
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
    
    ACTION: Supplemental notice of proposed rulemaking (SNPRM).
    
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    SUMMARY: In September 1998, we proposed to upgrade our air bag 
    requirements for passenger cars and light trucks to meet the twin goals 
    mandated by the Transportation Equity Act for the 21st Century: 
    improving protection for occupants of all sizes, belted and unbelted, 
    in moderate to high speed crashes; and minimizing the risks posed by 
    air bags to infants, children, and other occupants, especially in low 
    speed crashes. In response to the public comments on our 1998 proposal 
    and to other new information obtained since issuing the proposal, we 
    are issuing a supplemental proposal that updates and refines the 
    amendments under consideration.
        With respect to the goal of improving protection, we are proposing 
    to adopt one of the following alternative crash tests to evaluate the 
    protection of unbelted occupants in moderate to high speed crashes, 
    i.e., those that are potentially fatal. One alternative is an unbelted 
    rigid barrier test (perpendicular and up to  30 degrees 
    oblique to perpendicular) with a maximum speed to be established in the 
    final rule within the range of 40 to 48 km/h (25 to 30 mph). If we 
    reduce the maximum speed to 40 km/h (25 mph) permanently, we might also 
    increase the maximum speed of the belted rigid barrier test from the 
    current 48 km/h to 56 km/h (30 to 35 mph). Another alternative is an 
    unbelted offset deformable barrier test with a maximum speed to be 
    established in the final rule within the range of 48 to 56 km/h (30 to 
    35 mph). The vehicle would have to meet the requirements both in tests 
    with the driver side of the vehicle engaged with the barrier and in 
    tests with the passenger side engaged.
        With respect to the goal of minimizing the risks of air bags in low 
    speed crashes, we continue to propose performance requirements to 
    ensure that future air bags do not pose unreasonable risk of serious 
    injury to out-of-position occupants. We continue to propose to adopt a 
    number of options for complying with those requirements so that vehicle 
    manufacturers would be free to choose from a variety of effective 
    technological solutions and to develop new ones if they so desire. With 
    this flexibility, they could use technologies that modulate or 
    otherwise control air bag deployment so deploying air bags do not cause 
    serious injuries, technologies that prevent air bag deployment if 
    children or out-of-position occupants are present, or a combination 
    thereof.
    
    DATES: You should submit your comments early enough to ensure that 
    Docket Management receives them not later than December 30, 1999.
    
    ADDRESSES: You may submit your comments in writing to: Docket 
    Management, Room PL-401, 400 Seventh Street, SW, Washington, DC 20590. 
    You may also submit your comments electronically by logging onto the 
    Dockets Management System website at http://dms.dot.gov. Click on 
    ``Help & Information'' or ``Help/Info'' to obtain instructions for 
    filing the document electronically. Regardless of how you submit your 
    comments, you should mention the docket number of this document.
        You may call Docket Management at 202-366-9324 and visit the Docket 
    from 10:00 a.m. to 5:00 p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT: For information about air bags and 
    related rulemakings: Visit the NHTSA web site at http://
    www.nhtsa.dot.gov and select ``Air Bags'' under ``Popular 
    Information.''
        For non-legal issues, you may contact Clarke Harper, Chief, Light 
    Duty Vehicle Division, NPS-11. Telephone: (202) 366-2264. Fax: (202) 
    366-4329. E-mail: [email protected]
        For legal issues, you may contact Edward Glancy, Office of Chief 
    Counsel, NCC-20. Telephone: (202) 366-2992. Fax: (202) 366-3820.
        You may send mail to both of these officials at the National 
    Highway Traffic Safety Administration, 400 Seventh St., S.W., 
    Washington, D.C. 20590.
    
    SUPPLEMENTARY INFORMATION:
    
        Note to readers: As an aid to readers who are outside the 
    engineering community, we have provided at the end of this document 
    a glossary that briefly explains the key technical terms used in 
    this preamble. In the case of the term, ``fixed barrier crash 
    test,'' we have supplemented the explanation with illustrations. 
    That glossary appears in Appendix B. Interested persons may find it 
    helpful to review that glossary before reading the rest of this 
    document.
    
    Table of Contents
    
    I. Executive Summary
    II. Background
        A. Statutory Requirements
        B. Existing Air Bag Requirements
        C. September 1998 NPRM
        D. Public Comments
        1. Tests for Requirements to Improve Occupant Protection for 
    Different Size Occupants, Belted and Unbelted
        a. Belted Rigid Barrier Test
        b. Unbelted Rigid Barrier Test
        c. Up-to-40 km/h (25 mph) Offset Deformable Barrier Test
        2. Tests for Requirements to Minimize the Risk to Infants, 
    Children and Other Occupants from Injuries and Deaths Caused by Air 
    Bags
        a. Tests to Minimize Risks to Infants
        b. Tests to Minimize Risks to Children
        c. Tests to Minimize Risks to Adults
        3. Injury Criteria
        E. Events since September 1998
    III. SNPRM for Advanced Air Bags
        A. Introduction
        B. Existing and Proposed Test Requirements
        1. Tests for Requirements to Improve Occupant Protection for 
    Different Size Occupants, Belted and Unbelted
        a. September 1998 NPRM
        b. Comments on September 1998 NPRM
        c. SNPRM
        (i) Requirements for Tests with Unbelted Dummies
        (ii) Proposed Array of Crash Test Requirements
        (iii) Location and Seating Procedures for 5th Percentile Adult 
    Female Dummy
        2. Tests for Requirements to Minimize the Risk to Infants, 
    Children and Other Occupants from Injuries and Deaths Caused by Air 
    Bags
        a. Safety of Infants
        b. Safety of Young Children
        c. Safety of Small Teenage and Adult Drivers
        C. Injury Criteria
        1. Head Injury Criteria
        2. Neck Injury Criteria
        3. Thoracic Injury Criteria
        4. Lower Extremity Injury Criteria
        5. Other Criteria
        D. Lead Time and Proposed Effective Date
        1. Large Manufacturers
        2. Small Manufacturers and Multi-stage Manufacturers
        E. Availability of Original Equipment and Retrofit Manual On-Off 
    Switches
        F. Warning Labels and Consumer Information
        G. Miscellaneous Issues
        1. Selection of Child Restraints
        2. Due Care Provision
        3. Selection of Options
        4. Relationship of Proposed New Injury Criteria to Existing Test 
    Requirements
        5. Time Parameters for Measuring Injury Criteria During Tests
        6. Cruise Controls
        7. Rescue Operations
        8. Assessing Lower Extremity Injury Potential in Offset 
    Deformable Crash Tests
        9. Hybrid III Dummy Neck
    
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        H. Relationship between the NPRM, Comments on the NPRM and this 
    SNPRM
    IV. Costs and Benefits
    V. Rulemaking Analyses and Notices
    VI. Submission of Comments
    Proposed Regulatory Text
    Appendix A--Response to Petition
    Appendix B--Glossary
    
    I. Executive Summary
    
        Since the early 1990's, NHTSA has been taking steps to reduce the 
    risk that air bags will sometimes cause deaths, particularly to 
    unrestrained children and small adults, and to maintain and improve the 
    benefits of air bags. Our initial efforts to reduce the risks focused 
    on a public education campaign to alert the public about the dangers of 
    air bags to children in general and to infants in particular. We urged 
    parents to place their children in the back seat whenever possible and 
    to ensure that they were always properly restrained.
        Later, to speed the redesigning and recertifying of air bags that 
    reduce the risks to out-of-position occupants, we established a 
    temporary option allowing vehicle manufacturers to certify their 
    vehicles based on an unbelted sled test. The sled test is simpler, less 
    expensive, and easier to meet than the pre-existing 30 mph unbelted 
    crash test. Limited available data appear to indicate that these 
    redesigned air bags have reduced the risks from air bags for the at-
    risk populations. However, it is not possible at this time to draw 
    statistically significant conclusions about this.
        There is a greater amount of data on the overall benefits of air 
    bags. These data indicate that the redesigned air bags \1\ provide 
    essentially the same protection as that provided by earlier air bags. 
    We have considered this information in light of agency tests showing 
    that most of the tested vehicles, although certified to the sled tests, 
    also passed the more stringent 30 mph unbelted crash test.
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        \1\ See footnote 15 for an explanation of the term, ``redesigned 
    air bags.''
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        Manufacturers are developing an assortment of technologies, 
    commonly referred to as advanced air bag technologies, to reduce the 
    risks still further, for children, as well as adults. These 
    technologies include dual-stage inflators which enable air bags to 
    inflate with two different levels of power and which can be linked to 
    various types of sensors including those that sense crash severity, 
    belt use, and seat position (i.e., the location of a vehicle seat on 
    its track). Occupant weight sensors and pattern sensors can be used to 
    prevent an air bag from deploying at all in the presence of children.
        These advanced air bag technologies are not just hypothetical 
    possibilities; vehicle manufacturers are beginning to install them in 
    an increasing variety of vehicles. The MY 1999 Hyundai Sonata has a 
    weight sensor designed to prevent the passenger air bag from deploying 
    unless a weight of more than 66 pounds is detected on the passenger 
    seat. Honda introduced a dual stage inflator in its MY 1999 Acura. The 
    MY 2000 Ford Taurus and Honda Accord, which are among the highest 
    selling models in this country, have dual-stage air bags. Some luxury 
    vehicles also have advanced air bag technologies. For example, Mercedes 
    and BMW have dual-stage air bags in some of their MY 2000 cars. The MY 
    2000 Cadillac Seville has weight and pattern sensors in the passenger 
    seat that work together to turn off the passenger air bag when children 
    are present.
        In the Transportation Equity Act for the 21st Century (TEA 21),\2\ 
    Congress mandated that we issue a final rule that requires the 
    installation of air bags meeting, by means that include advanced air 
    bag technologies, two goals: first, improving occupant protection for 
    occupants of different sizes, regardless of whether they use their seat 
    belts, and second, minimizing the risk to infants, children and other 
    occupants of deaths and injuries caused by air bags. In accordance with 
    TEA 21, we published a proposal in September 1998 to require the timely 
    introduction of advanced air bags by all vehicle manufacturers and to 
    establish procedures for testing the risk-reducing capabilities of the 
    various types and combinations of advanced air bag technologies. Given 
    the twin goals mandated by TEA 21, the proposal was necessarily both 
    expansive and complex.
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        \2\ The provisions in TEA 21 regarding air bags were contained 
    in a part called The NHTSA Reauthorization Act of 1998. Given the 
    greater public familiarity with the name TEA 21, we will refer to 
    it, instead of the Reauthorization Act, in this document.
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        To meet the first goal of improving occupant protection, we 
    proposed a variety of tests using belted and unbelted dummies. We also 
    proposed adding a new dummy representing short-statured adult females. 
    Included in these proposals was a proposal to terminate the unbelted 
    sled test option so that vehicles with advanced air bags would be 
    tested in unbelted barrier crashes. The sled test option was valuable 
    as a short-run expedient to make it easier for manufacturers to bring 
    redesigned air bags to market quickly. However, for the long-run 
    purpose of testing air bags to ensure that they are, and that they will 
    continue to be, effective in protecting people in real world crashes, 
    the agency tentatively concluded that air bags should be evaluated in 
    tests simulating those crashes. In particular, the agency proposed to 
    rely on an unbelted 48 km/h (30 mph) rigid barrier crash test that 
    approximates many of the real world crashes severe enough to pose 
    significant risk of serious or fatal injury. Among the tests for belted 
    occupants was a new 40 km/h (25 mph) offset deformable barrier test 
    which was intended to evaluate the ability of crash sensors to sense 
    soft pulse crashes.
        With respect to the second goal of minimizing the risks of air 
    bags, the very breadth of the different technological approaches for 
    meeting that goal necessitated we make our proposal even more expansive 
    and complex. We proposed to adopt in the final rule an array of tests 
    to accommodate these different technological approaches and the 
    different choices being made by individual manufacturers about which 
    types of those technologies to adopt. In some cases, we were able to 
    propose generic tests that are suitable for all advanced air bags. In 
    other cases, however, we had to propose tests that are tailored to 
    particular technologies and that would apply to only those air bags 
    incorporating those technologies. This array of tests was intended to 
    provide the manufacturers with technology and design flexibility, while 
    providing the agency with effective means of evaluating the performance 
    of all of the different advanced air bag systems.
        The public comments and the agency research and analysis since our 
    1998 NPRM have enabled us to refine and in some cases simplify the 
    proposed amendments that we are considering. In view of the importance 
    of some of the changes, we have decided to publish this SNPRM to obtain 
    further public comment before making any final decisions and issuing a 
    final rule.
        We have reduced the number of proposed dynamic and static tests, 
    especially those relating to the proposed requirements for reducing the 
    risks of air bags. We have reduced, from 14 to nine,\3\ the number of 
    proposed dynamic crash tests that would be applicable to all vehicles. 
    We originally proposed that vehicles equipped with static air bag 
    suppression systems (e.g., weight sensors and pattern sensors) be 
    subject to being tested with any child restraint manufactured over a 
    ten-year period.
    
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    This would have created the possibility of testing with any one of 
    several hundred different models of child restraints. Recognizing that, 
    we solicited comments to aid us in identifying a much more limited 
    number of specific models that would be representative of the array of 
    available child restraints. Based on the public comments, we are now 
    proposing to require that vehicles be able to meet the applicable 
    requirements when tested with any one of a far more limited number of 
    child restraints representing a cross-section of the restraints 
    currently on the market.\4\ We have also significantly reduced the 
    number of positions in which test dummies or child restraints could be 
    placed for testing a static suppression system. This was accomplished 
    largely by eliminating positions that were substantially similar to 
    other positions.
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        \3\ The methodology for counting the number of proposed tests is 
    explained later in this notice.
        \4\ For the infant dummy, 19 different seats; for the 3-year-old 
    dummy, 12 different seats; and for the 6-year-old dummy, 5 different 
    seats. These figures are not additive since some seats are used for 
    tests with two different dummies. A total of 24 seats (12 infant 
    seats, 7 convertible seats, and 5 booster seats) would be used.
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        We are proposing to expressly provide that manufacturers may use 
    children or small women instead of dummies in static tests to provide a 
    basis for certifying compliance with the proposed tests for static 
    suppression systems. These are simple tests in which the vehicle does 
    not move, and the air bags cannot deploy. We are making this proposal 
    because existing anthropomorphic test dummies were not designed to 
    replicate the weight distribution of sitting humans in a manner that 
    would adequately test all suppression technologies, e.g., pressure/
    pattern recognition sensors in the vehicle seat. Since the ultimate 
    goal of our provisions concerning suppression systems is to achieve 
    high reliability in detecting the presence of humans, the use of humans 
    for the simple and limited purpose of testing the static suppression 
    systems would make good sense. It is unnecessary to propose the use of 
    infants for certification purposes, since all of the infant restraints 
    should be detectable by any suppression system, regardless of whether 
    they are occupied by a dummy or an infant.
        We have eliminated the proposed test for dynamic automatic 
    suppression systems (DASS) and the proposed full scale out-of-position 
    test including pre-crash braking. Public comments and our further 
    testing have led us to conclude that these tests would require 
    enhancements to dummy biofidelity and test procedure development that 
    we could not complete in time for this rulemaking. Further, the 
    commenters did not suggest any workable, effective tests that we could 
    propose as replacements.
        Instead, we are taking a different approach that will provide 
    flexibility to manufacturers that may wish in the future to certify 
    advanced air bag systems incorporating a DASS to Standard No. 208. We 
    believe that it is important in crafting our proposals regarding 
    advanced air bags to facilitate efforts by the manufacturers to develop 
    new and possibly better ways of reducing air bag risks. Accordingly, we 
    are proposing to establish very general performance requirements for 
    DASS and a special expedited petitioning and rulemaking process for 
    considering procedures for testing advanced air bags incorporating one 
    of these systems. Target time limits for each phase of such a 
    rulemaking are proposed. Anyone wishing to market such advanced air 
    bags could develop test procedures for demonstrating the compliance of 
    their particular DASS with the performance requirements and submit 
    those test procedures to the agency for its consideration. If the 
    agency deems it appropriate to do so after evaluating the petition, the 
    agency would publish a notice proposing to adopt the manufacturer's 
    test procedure. After considering those comments, the agency would then 
    decide whether the procedure should be added to Standard No. 208. If it 
    decided to do so, and if the procedure were suitable for the DASS of 
    any other vehicles, then the procedure could be used by those 
    manufacturers of those vehicles as well as by the petitioning 
    manufacturer. The agency intends to minimize the number of different 
    test procedures that are adopted for DASS and to ensure ultimately that 
    similar DASS are tested in the same way.
        We have also decided to change our proposed injury criteria. We 
    have decided to drop our proposal for a new combined thoracic index 
    (CTI) and instead maintain separate limits for thoracic acceleration 
    and deflection.\5\ While CTI may be a better predictor of thoracic 
    injury than chest acceleration and chest deflection independently, 
    there is debate in the biomechanics community about the interpretation 
    of the data. Consequently, we are pursuing further research to resolve 
    the issues.
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        \5\ The thorax is the chest area.
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        We are also proposing to change the existing head injury criterion 
    (HIC) for the 50th percentile adult male dummy.\6\ HIC is currently 
    required not to exceed 1,000 and is evaluated over a 36 millisecond 
    period. We are proposing to evaluate the HIC over a maximum 15 
    millisecond time interval with a requirement that it not exceed a 
    maximum of 700. The agency historically has used a 36 millisecond time 
    interval to measure HIC primarily because this method allowed the HIC 
    measurement to indirectly capture risk of neck injury (until recently, 
    a direct indication of neck injury risk was not a part of Standard 
    208). With the addition of specific neck injury criteria to Standard 
    208, the agency can switch to a 15 ms measurement interval which better 
    corresponds to the underlying biomechanical research. We are proposing 
    to change the HIC time interval to a maximum of 15 milliseconds for all 
    dummy sizes and to revise the HIC limits by commensurate amounts, based 
    on a scaling from the proposed new limit for the 50th percentile adult 
    male dummy.
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        \6\ HIC consists of a formula which utilizes data regarding the 
    acceleration of the dummy head in vehicle tests to produce a number 
    to determine compliance.
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        We are proposing a neck injury criteria (Nij) limit of 1.0, the 
    calculation of which has been revised since the NPRM. In the NPRM, we 
    requested comments on performance limits of Nij=1 and Nij=1.4. After 
    considering the comments, the available biomechanical data, and testing 
    which indicates that the more conservative or stringent value of 1.0 
    can be met in current production vehicles, we are proposing a limit of 
    1.0. The formulae underlying the calculation of Nij for smaller dummies 
    incorporate scaling in recognition of the greater susceptibility of 
    children to injury.
        Finally, we are proposing two alternative crash tests for 
    evaluating the effectiveness of an advanced air bag in protecting 
    unbelted occupants in a relatively high speed crash. These tests would 
    be conducted with dummies representing 50th percentile adult males as 
    well as with ones representing 5th percentile adult females. We 
    contemplate adopting one of these tests in a final rule, although we 
    could decide to require elements of both alternatives. We believe that 
    crashing a complete vehicle into a barrier is needed to address the 
    type of situation for which air bags are designed: frontal crashes 
    involving vehicles striking another object with sufficient force that 
    the impact of an occupant with the steering wheel, dashboard, or other 
    interior surface could result in severe injuries or death.
        The first alternative is an unbelted rigid barrier test 
    (perpendicular and up to  30 degrees oblique to 
    perpendicular) with a maximum speed to be established in the final rule 
    within the range of 40 to 48 km/h (25 to 30
    
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    mph). This alternative is similar to the test included in our 1998 
    NPRM. The agency's intent in this rulemaking is to maximize, to the 
    extent consistent with TEA 21, the protection that air bags offer in 
    crashes potentially resulting in fatal injuries. Thus, the agency's 
    preference is to establish such a test requirement at as high a 
    severity as practicable. The 40 km/h (25 mph) lower end of the maximum 
    test speed range is set forth for comment in this notice to ensure that 
    commenters address a crash test recommended by the Alliance of 
    Automobile Manufacturers in late August 1999. If we reduce the maximum 
    speed to 40 km/h (25 mph) permanently, we might increase the maximum 
    speed of the belted rigid barrier test from the current 48 km/h to 56 
    km/h (30 to 35 mph). The increase could go into effect after the TEA 21 
    phase-in period.
        The second alternative is an unbelted offset deformable barrier 
    test with a maximum speed to be established in the final rule within 
    the range of 48 to 56 km/h (30 to 35 mph). The vehicle would have to 
    meet the requirements both in tests with the driver side of the vehicle 
    engaged with the barrier and in tests with the passenger side engaged. 
    As in the case of the first alternative, if the agency selected this 
    second alternative for the final rule, it would establish the maximum 
    speed at as high a level as practicable, consistent with TEA 21, to 
    maximize the improvement in occupant protection in potentially fatal 
    crashes.
        Regardless of which unbelted test or tests we ultimately adopt, we 
    would retain a belted rigid barrier test with a maximum speed of 48 km/
    h (30 mph) with both 50th percentile adult male and 5th percentile 
    adult female dummies during the TEA 21 phase-in period.\7\ Further, we 
    are continuing to propose an up-to-40 km/h (25 mph) offset deformable 
    barrier test requirement, using belted 5th percentile adult female 
    dummies.
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        \7\ As noted above, if we permanently reduce the maximum test 
    speed for the unbelted rigid barrier test to 40 km/h (25 mph), we 
    might increase the maximum test speed for the belted rigid barrier 
    test to 56 km/h (35 mph), effective sometime after that phase-in 
    period.
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        We are also continuing to propose to eliminate provisions which 
    allow original equipment (OE) and retrofit on-off switches under 
    specified circumstances. Instead of proposing to phase these provisions 
    out as advanced air bags are phased in, as proposed in the NPRM, we are 
    proposing to allow OE and retrofit on-off switches to be installed 
    under the same conditions that currently apply for all vehicles 
    produced prior to September 1, 2005, the date by which all vehicles 
    must have an advanced air bag system. We believe that by that time 
    consumer confidence in the advanced air bag systems will be 
    sufficiently strong to remove any desire for a manual on-off switch in 
    vehicles produced with an advanced air bag.
        NHTSA is proposing a replacement for the permanent sun visor label 
    for vehicles certified as meeting the requirements of this proposed 
    rule. The label would have new graphics and contain statements 
    regarding belt use and seating children in the rear seat. In addition, 
    we are proposing a new temporary label that states that the vehicle 
    meets the new requirements for advanced air bags. This label would 
    replace the existing temporary label and include statements regarding 
    seat belt use and children in rear seats.
    
    II. Background
    
    A. Statutory Requirements
    
        As part of TEA 21, Congress required us to issue an NPRM and final 
    rule meeting two different, equally important goals:
    
    to improve occupant protection for occupants of different sizes, 
    belted and unbelted, under Federal Motor Vehicle Safety Standard No. 
    208, while minimizing the risk to infants, children, and other 
    occupants from injuries and deaths caused by air bags, by means that 
    include advanced air bags.
    
    (Emphasis added.) \8\
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        \8\ The treatment by this provision of the twin goals and of the 
    protection of belted and unbelted occupants differs significantly 
    from the treatment that would have been given them by an earlier 
    version of this mandate. That earlier version would have established 
    a hierarchy of priorities, placing minimizing the risks of air bags 
    above improving the protection they provide, and placing the 
    protection of belted occupants above the protection of unbelted 
    occupants.
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        The Act provided that we were to issue the final rule by September 
    1, 1999. However, if we determined that the final rule could not be 
    completed by that date, the Act provided that the final rule could be 
    issued as late as March 1, 2000. Because of the complexity of the 
    issues and the need to issue this SNPRM, we determined that the final 
    rule could not be completed by September 1, 1999. Under the Act, the 
    final rule must therefore be issued by March 1, 2000.
        TEA 21 addressed various other issues, including the effective date 
    for the final rule. A complete discussion of the Act's provisions is 
    included in the 1998 NPRM. See 63 FR 49961.
    
    B. Existing Air Bag Requirements
    
        Pursuant to a provision in the Intermodal Surface Transportation 
    Efficiency Act of 1991 (ISTEA), Standard No. 208 requires all passenger 
    cars and light trucks to provide automatic protection by means of air 
    bags.\9\
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        \9\ TEA 21 is thus the second in a succession of Congressional 
    acts modifying the Department's 1984 final rule regarding automatic 
    protection. That final rule mandated automatic protection, but 
    explicitly provided discretion with respect to the type of automatic 
    protection (automatic seat belts and air bags), and implicitly 
    provided discretion with respect to the use of advanced air bag 
    technologies. ISTEA eliminated the first area of discretion, 
    mandating the installation of air bags. TEA 21 eliminates the second 
    area of discretion, mandating the use of advanced air bag 
    technologies.
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        The automatic protection requirements are performance requirements. 
    The standard does not specify the design of an air bag. Instead, when 
    tested under specified test conditions, vehicles must meet specified 
    limits for injury criteria, including criteria for the head, chest and 
    thighs, measured on 50th percentile adult male test dummies.
        Until recently, these criteria limits had to be met for air bag-
    equipped vehicles in barrier crashes at speeds up to 48 km/h (30 mph), 
    both with the dummies belted and with them unbelted. However, on March 
    19, 1997, we published a final rule providing manufacturers with the 
    option of certifying the air bag performance of their vehicles with an 
    unbelted dummy in a sled test incorporating a 125 millisecond 
    standardized crash pulse instead of in a vehicle-to-barrier crash test. 
    We made this amendment primarily to expedite manufacturer efforts to 
    reduce the force of air bags as they deploy.
        Under the March 1997 final rule, the sled test option was scheduled 
    to terminate on September 1, 2001. We believed there was no need to 
    permanently reduce Standard No. 208's performance requirements, since a 
    variety of longer term alternatives were available to manufacturers to 
    address adverse effects of air bags.
        The September 1, 2001 termination date for the sled test option was 
    superseded by a provision in TEA 21. In a paragraph titled 
    ``Coordination of Effective Dates,'' the Act provides that the unbelted 
    sled test option ``shall remain in effect unless and until changed by 
    [the final rule for advanced air bags].''
    
    C. September 1998 NPRM
    
        Pursuant to TEA 21, on September 18, 1998, we published in the 
    Federal Register (63 FR 49958) a notice of proposed rulemaking (NPRM) 
    to upgrade Standard No. 208, Occupant Crash Protection, to require 
    vehicles to
    
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    be equipped with advanced air bags that meet new, more rigorous 
    performance requirements. The advanced air bags would be required in 
    some new passenger cars and light trucks beginning September 1, 2002, 
    and in all new cars and light trucks beginning September 1, 2005.
        As we explained in that document, air bags have been shown to be 
    highly effective in saving lives. They reduce fatalities in frontal 
    crashes by about 30 percent. However, they also sometimes cause 
    fatalities to infants in rear facing child safety seats and out-of-
    position occupants.
        In the 1998 NPRM, we presented a full discussion of the safety 
    issues related to air bags. We also presented a discussion of our 
    comprehensive plan to address air bag fatalities, which includes 
    requiring advanced air bags as a long-term solution.
        We proposed to add a new set of requirements to prevent air bags 
    from causing injuries and to improve the protection that they provide 
    occupants in frontal crashes. There would be several new performance 
    requirements to ensure that the advanced air bags do not pose 
    unreasonable risks to out-of-position occupants.
        The NPRM gave alternative options for complying with those 
    requirements so that vehicle manufacturers would be free to choose from 
    a variety of effective technological solutions and to develop new ones 
    if they so desire. With this flexibility, they could use technologies 
    that modulate or otherwise control air bag deployment so deploying air 
    bags do not cause serious injuries or that prevent air bag deployment 
    if children or out-of-position occupants are present.
        To ensure that the new air bags are designed to avoid causing 
    injury to a broad array of occupants, we proposed test requirements 
    using dummies representing 12-month-old, 3-year-old and 6-year-old 
    children, and 5th percentile adult females, as well as tests 
    representing 50th percentile adult males. We noted that many of the 
    proposed test procedures were new, and specifically requested comments 
    with respect to their suitability for measuring the performance of the 
    various advanced systems under development.
        We also proposed requirements to ensure that the new air bags are 
    designed to cushion and protect an array of belted and unbelted 
    occupants, including teenagers and small women. The standard's current 
    dynamic crash test requirements specify the use of 50th percentile 
    adult male dummies only. We proposed also to specify use of 5th 
    percentile adult female dummies in dynamic crash tests. The weight and 
    size of these dummies are representative of not only small women, but 
    also many teenagers.
        In addition to the existing rigid barrier test, representing a 
    relatively ``stiff'' or ``hard'' pulse crash in perpendicular tests and 
    a more moderate pulse crash in oblique tests, we proposed to add a 
    deformable barrier crash test, representing a relatively ``soft'' pulse 
    crash. This proposed new crash test requirement was intended to ensure 
    that air bag systems are designed so that they do not deploy too late. 
    Some current air bags deploy relatively late in certain types of 
    crashes. If an air bag deploys too late, normally seated occupants may 
    move too close to the air bag before it starts to inflate. In such a 
    situation, the air bag is less likely to protect the occupant and may 
    pose a risk to the occupant. We proposed to use 5th percentile adult 
    female dummies in this test.
        We also proposed to phase out the unbelted sled test option as we 
    phased in requirements for advanced air bags. We acknowledged that the 
    sled test option has been an expedient and useful temporary measure to 
    ensure that the vehicle manufacturers could quickly redesign all of 
    their air bags and to help ensure that some protection would continue 
    to be provided. Nevertheless, we stated that we did not consider sled 
    testing to be an adequate long-term means of assessing the extent of 
    occupant protection that a vehicle and its air bag will afford 
    occupants in the real world.
        Finally, we proposed new and/or upgraded injury criteria for each 
    of the proposed new test requirements, and also proposed to upgrade 
    some of the injury criteria for the standard's existing test 
    requirements.
    
    D. Public Comments
    
        We received comments from a wide range of interested persons 
    including vehicle manufacturers, air bag manufacturers, insurance 
    companies, public interest groups, academia, and government. Commenters 
    generally supported the goals mandated by TEA 21--improving the 
    benefits of air bags, while minimizing risks from air bags--but 
    expressed widely differing views as to how to accomplish those goals.
        In this section of the preamble, we summarize the comments, 
    particularly those relating to the major issues. Because of the large 
    number of public comments, we have included a representative sample of 
    the comments and the commenters who made them.
    1. Tests for Requirements To Improve Occupant Protection for Different 
    Size Occupants, Belted and Unbelted
        a. Belted Rigid Barrier Test.
        A number of vehicle manufacturers opposed adding a belted rigid 
    barrier test using 5th percentile adult female dummies. These 
    commenters argued that this particular test is redundant given the 
    existing belted barrier test using 50th percentile adult male dummies 
    and the other proposed tests using 5th percentile adult female dummies.
        The comments of the vehicle manufacturers on this issue were 
    reflective of a more general theme running through their comments, 
    i.e., they believed the NPRM was overly complex and included too many 
    tests.
        b. Unbelted Rigid Barrier Test.
        Commenters had sharply different views on our proposal to phase out 
    the unbelted sled test option and reinstate the up-to-48 km/h (30 mph) 
    unbelted rigid barrier test. Many commenters, including all vehicle 
    manufacturers and the Insurance Institute for Highway Safety (IIHS), 
    strongly opposed reinstating the unbelted rigid barrier test. These 
    commenters generally argued that reinstating this test would 
    necessitate a return to ``overly aggressive'' air bags and that the 
    test is not representative of typical real world crashes. Vehicle 
    manufacturers requested that the sled test option remain available for 
    the long term. On the issue of possible alternative unbelted tests, 
    IIHS suggested that, if we wish to phase out the sled test, we should 
    consider replacing it with a 56 km/h (35 mph) offset deformable barrier 
    test.
        On August 31, 1999, however, vehicle manufacturers and their trade 
    associations, Alliance and AIAM, announced to the agency a recently 
    reached consensus recommendation for an unbelted crash test. The 
    industry recommended an unbelted rigid barrier crash test at 40 km/h 
    (25 mph) using both 50th percentile adult male dummies and 5th 
    percentile adult female dummies. The test would be conducted in the 
    perpendicular mode only, i.e., there would be no oblique tests. No 
    supporting data or written analyses were submitted to the agency at 
    that meeting.
        Other commenters, including a number of advocacy groups, argued 
    that the up-to-48 km/h (30 mph) unbelted rigid barrier test is 
    representative of a significant portion of real world crashes, and that 
    improvements in vehicle and air bag designs will enable manufacturers 
    to meet the test without
    
    [[Page 60561]]
    
    safety tradeoffs. Public Citizen argued that while the manufacturers 
    attempt to blame the unbelted barrier test for the deaths and injuries 
    caused by air bags, a closer examination suggests that manufacturers' 
    design selection is the real cause of injuries. It further argued that 
    TEA 21 contemplates that neither belted occupants nor unbelted 
    occupants be favored under Standard 208 and that both deserve safe and 
    effective protection by air bags.
        c. Up-to-40 km/h (25 mph) Offset Deformable Barrier Test.
        Commenters' views on the proposed up-to-25-mph belted offset 
    deformable barrier test were mixed, but mostly supportive. Many 
    commenters, including several advocacy groups and a number of vehicle 
    manufacturers, supported the addition of an offset deformable barrier 
    test.
        Some vehicle manufacturers requested that the test be conducted 
    only with the driver's side engaged, instead of with either side 
    engaged as proposed in the NPRM. The Association of International 
    Automobile Manufacturers (AIAM) stated that a test with the driver's 
    side engaged would more likely produce ``worst case'' driver out-of-
    position locations and possible driver-side intrusion, and that a 
    passenger side offset test would be redundant. Another suggestion made 
    by some vehicle manufacturers was to conduct the test only at 40 km/h 
    (25 mph), rather than at speeds up to 40 km/h (25 mph).
        General Motors (GM) stated that it agreed with the addition of the 
    offset deformable barrier test only if the unbelted sled test option 
    remained in effect. GM stated that the offset deformable barrier test 
    augments the sled test by addressing the crash sensing aspects of 
    performance.
        DaimlerChrysler argued that the addition of a 40 km/h (25 mph) 
    belted offset deformable barrier test for the 5th percentile female is 
    unnecessary in light of future ``depowered'' and/or advanced air bags. 
    That commenter stated that injury risks to small occupants sitting near 
    the driver air bag are adequately assessed using the proposed out-of-
    position, low-risk deployment tests, which it endorses.
        Some vehicle manufacturers indicated that air bags might be 
    designed so that they would not deploy in 40 km/h (25 mph) offset 
    crashes.
    2. Tests for Requirements To Minimize the Risk to Infants, Children and 
    Other Occupants From Injuries and Deaths Caused by Air Bags
        a. Tests to minimize risks to infants.
        While commenters generally supported adding tests for infant 
    safety, they raised a number of issues about the proposed tests.
        The vehicle manufacturers opposed the proposal to test with any 
    infant seat manufactured during approximately the 10 years prior to the 
    date of vehicle manufacture, citing practicability concerns. A number 
    of vehicle manufacturers also argued that the agency proposed too many 
    test positions. Commenters raised numerous concerns about the specific 
    details of the proposed test procedures.
        Some commenters suggested that the agency require suppression in 
    the presence of infants, instead of permitting a low-risk deployment 
    option as well. These commenters cited uncertainties related to injury 
    risk for infants and the lack of infant biomechanical data. They 
    further questioned if there is any benefit from air bag deployments for 
    infants.
        A number of commenters also raised concerns about whether 
    suppression devices will be ready in time to meet the requirements for 
    advanced air bags, and how reliable they will be.
        b. Tests to minimize risks to children.
        Commenters' views on the proposed tests for child safety were 
    similar to those for infant safety. While supportive of adding tests in 
    this area, vehicle manufacturers raised concerns about the number of 
    child restraints, number of tests, and, in some cases, availability of 
    reliable suppression devices.
        A number of commenters raised concerns about whether current child 
    dummies are sufficiently human-like to be appropriate test devices for 
    some of the advanced technologies under development. By way of example, 
    concern was expressed that suppression devices that work by sensing the 
    distributed weight pattern of a child on a seat may not recognize the 
    pattern of a test dummy.
        Commenters raised numerous technical issues concerning the proposed 
    options for automatic suppression features that suppress the air bag 
    when an occupant is out-of-position (S27 of the regulatory text 
    proposed in the NPRM). Some commenters argued that the proposal to test 
    automatic suppression features using a moving headform is not 
    appropriate for some of the devices under development, such as sensors 
    designed to track the full body of the occupant and not just the head. 
    Others expressed difficulties related to defining the size, shape, and 
    orientation of the suppression plane, as well as the maximum response 
    time of the system.
        Commenters also raised numerous technical issues concerning the 
    dynamic out-of-position test (S29 of the regulatory text proposed in 
    the NPRM). Some commenters stated that the dummy trajectories resulting 
    in this test are unrealistic, and that the proposed vehicle crash test 
    is neither repeatable nor reproducible. Others stated that the dummies 
    do not move close enough to the air bag prior to deployment to 
    represent a worst case out-of-position situation.
        c. Tests to minimize risks to adults.
        Commenters generally supported adding a low-risk deployment test 
    using a 5th percentile adult female dummy at the driver seating 
    position, although they raised a number of issues about the proposed 
    test procedure. GM recommended that the driver low risk deployment test 
    be made into a component test, outside of the vehicle.
        Commenters also raised the same concerns about the proposed options 
    for automatic suppression features that suppress the air bag when an 
    occupant is out-of-position (S27) and for the dynamic out-of-position 
    test (S29) as they did in the context of tests to minimize risks to 
    children.
        GM recommended that the agency also propose a low-risk deployment 
    test using a 5th percentile adult female dummy at the passenger 
    position. That company noted that if manufacturers selected the 
    suppression (presence) option for child safety, there would be no out-
    of-position test limiting aggressivity for adult passengers.
    3. Injury Criteria
        Commenters raised numerous highly technical issues concerning 
    several of proposed injury criteria and performance limits. Some 
    commenters questioned the biomechanical basis for certain of the 
    proposed new injury criteria. The AAMA suggested essentially a 
    completely revised set of injury criteria.
    
    E. Events Since September 1998
    
        A number of events relevant to this rulemaking have occurred since 
    publication of the NPRM in September 1998. First, the development of 
    advanced air bags by suppliers and vehicle manufacturers has continued.
        Acura introduced dual stage passenger side air bags in its MY 1999 
    Acura RL. According to Acura's press release, ``(t)he dual stage air 
    bags were designed to reduce the inflation speed to help protect 
    children or small-framed adults. In a low speed collision, the dual-
    stage inflator system is triggered in sequence resulting in slower air 
    bag deployment with less initial force. In
    
    [[Page 60562]]
    
    higher speed collisions, both inflators operate simultaneously for full 
    immediate inflation. The air bag system logic also controls the 
    operation of the seat belt pretensioners. A new feature of the system 
    detects whether the passenger's seat belt is fastened. If the seat belt 
    is not fastened, the air bag deploys at full force at a lower collision 
    speed to help offer more protection to the unbelted occupant.''
        Ford publicly announced in January 1999 that it will introduce 
    advanced technology enabling its cars and trucks to analyze crash 
    conditions and to use the results of the analyses in activating safety 
    devices to better protect a range of occupants in a variety of frontal 
    crash situations. Ford stated that its Advanced Restraints System 
    features nearly a dozen technologically advanced components that work 
    together to give front-seat occupants significantly enhanced protection 
    during frontal crashes, taking into account their seating position, 
    safety belt use and crash severity. That company indicated that 
    elements of the system, which features technologies such as crash 
    severity sensors, a driver-seat position sensor, a passenger weight 
    sensor, safety belt usage sensors, dual-stage inflating air bags, 
    safety belt pretensioners and energy management retractors, will debut 
    in vehicles beginning in the 1999 calendar year. Ford stated that the 
    company will introduce these new technologies on new and significantly 
    freshened models until all its passenger cars, trucks and sport utility 
    vehicles have the complete Advanced Restraints System.
        GM publicly announced in February 1999 that it will introduce 
    technology in MY 2000 that is designed to detect the presence of a 
    small child in the front passenger seat and suppress the deployment of 
    the passenger frontal air bag in the event of a frontal crash. GM 
    stated that weight-based sensors, coupled with pattern recognition 
    technology, will distinguish between a child and a small adult female 
    whose weight may be similar to a large child restrained in a child 
    safety seat. If the front passenger seat is occupied by a small child, 
    whether in a child safety seat or not, GM said that the air bag will 
    not deploy. GM stated that it will introduce this technology on the 
    Cadillac Seville in the 2000 calendar year, and that it has a roll-out 
    plan to extend this technology throughout its product line.
        We have received more detailed confidential information from GM and 
    Ford concerning their plans, as well as confidential information from 
    other auto manufacturers concerning their latest plans to introduce 
    various advanced technologies. We have also received confidential 
    information from suppliers.
        Second, in April 1999, we held a public technical workshop 
    concerning biomechanical injury criteria. The purpose of the workshop 
    was to provide an additional opportunity for a continuing dialog with 
    the biomechanics community and the public to assure that we considered 
    appropriate injury criteria.
        Third, we have analyzed the public comments and also conducted 
    additional testing. We conducted additional tests of current vehicles 
    with redesigned air bags to determine how they perform in 48 km/h (30 
    mph) rigid barrier crash tests. We selected vehicles that varied by 
    class, stiffness, and manufacturer. We also used both 5th percentile 
    adult female dummies and 50th percentile adult male dummies, belted and 
    unbelted. We also conducted tests of several current vehicles with 
    redesigned air bags to determine how they perform in 40 km/h (25 mph) 
    rigid barrier crash tests, 48 km/h (30 mph) 30 degree right/left 
    angular barrier tests (belted/unbelted), 56 km/h (35 mph) left/right 
    side offset fixed deformable barrier crash tests, low speed 24 to 40 
    km/h (15 to 25 mph) offset deformable crash tests and static out-of-
    position tests. We also conducted sled tests at different crash 
    severities with 95th percentile adult male dummies and MY 1999 and MY 
    1997 replacement air bags.
        Fourth, we have continued to analyze available data to see how 
    redesigned air bags are performing in the real world. We analyzed 1996 
    to 1998 Fatality Analysis Reporting System (FARS) data and found 
    essentially the same number of fatalities in frontal impacts for MY 
    1996 vehicles in 1996 FARS (730), as in MY 1997 vehicles in 1997 FARS 
    (776), as in MY 1998 vehicles in 1998 FARS (732). The fatality rates 
    per million registered vehicles indicate that MY 1996 (56 per million 
    registered vehicles) had essentially the same fatality rates as MY 1997 
    vehicles (55), while MY 1998 vehicles had a lower fatality rate (50). 
    After controlling for safety belt use rates, that is, estimating the 
    number of fatalities in each year if all three years had the same 1998 
    usage rate, the fatality rates per million registered vehicles were the 
    same for MY 1996 and MY 1997 (53), while MY 1998 had a lower fatality 
    rate (50). Since an estimated 87 percent of MY 1998 vehicles have 
    redesigned air bags, this suggests that there is essentially the same 
    or slightly better protection provided by the redesigned air bags 
    compared to pre-MY 1998 air bags. In assessing the significance of this 
    information, we will consider the agency tests in which most of the 
    tested vehicles, although certified to the sled tests, met or exceeded 
    the historical performance requirements of the 48
    km/h (30 mph) rigid barrier crash test.
        Another analysis compared the percent of fatalities in frontal 
    impacts to all impacts for MY 1996 vehicles in calendar year 1996 
    (38.9%), to MY 1997 vehicles in calendar year 1997 (41.3%), and to MY 
    1998 vehicles in the first 6-months of calendar year 1998 (39.6%). As 
    noted above, most of the MY 1998 vehicles have redesigned air bags. No 
    statistically significant difference was found between the three sets 
    of data. Again, this implies that the overall protection provided by 
    the redesigned air bags is essentially the same as that provided by 
    pre-MY 1998 air bags.
        Fifth, on August 31, 1999, and again on September 14, 1999, the 
    vehicle manufacturers and their trade associations met with the agency 
    and presented a consensus recommendation for an unbelted crash test. 
    The industry recommended an unbelted rigid barrier crash test at 40 km/
    h (25 mph) using both 50th percentile adult male dummies and 5th 
    percentile adult female dummies. A letter regarding this recommendation 
    was received from the Alliance (dated September 2, 1999).\10\
    ---------------------------------------------------------------------------
    
        \10\ This letter recommended that the agency adopt the following 
    unbelted barrier test as an alternative to the current unbelted sled 
    test:
        A 40 km/h (25 mph) unbelted rigid barrier, using 5th percentile 
    adult female dummies and 50th percentile adult male dummies, and the 
    injury criteria recommended by AAMA in its Dec 98 submission to 
    agency and endorsed by the Alliance in 1999. The test would be 
    conducted perpendicularly only at 25 mph (w/ allowance for test 
    variability) only, not up to 25 mph. The test would be fully phased-
    in during TEA 21 phase-in period (MY's 2003-2006). Further, optional 
    early compliance should be allowed. Upon publication of final rule, 
    vehicle manufacturers should be allowed to comply with this 
    recommended test (as opposed to either the sled test or 30 mph 
    unbelted rigid barrier test), even in the absence of compliance with 
    requirements intended to reduce the risks associated with air bags.
    ---------------------------------------------------------------------------
    
        In a letter dated September 16, 1999, an assortment of commenters, 
    including vehicle manufacturers, vehicle insurers, the American 
    Automobile Association, the National Automobile Dealers Association, 
    the American International Automobile Dealers Association, the American 
    Trauma Society, the National Safety Council, IIHS, and the National 
    Association of Governors' Highway Safety Representatives, opposed a 
    return to the 30 mph unbelted rigid barrier test. This letter argued 
    that a return to this test would require an overall increase in air bag 
    maximum energy levels with a concomitant increase in risk. No 
    supporting data or analysis
    
    [[Page 60563]]
    
    accompanied the letter. The letter also urged that NHTSA focus this 
    rulemaking on reducing the risk of air bags to children and others, 
    especially in low speed crashes, as compared to the agency's attempting 
    to increase air bag-related benefits for unbelted occupants in higher 
    speed crashes.
        In a letter dated September 29, 1999, Public Citizen, the Center 
    for Auto Safety, and Parents for Safer Air Bags stated that they were 
    ``concerned by news reports that a consortium of vehicle manufacturers 
    and insurers is pressing the agency not to reinstate the 30 mph barrier 
    crash test for unbelted occupants.'' These organizations argued that 
    the industry's position is based on the erroneous premise that 
    protection of unbelted occupants in high-speed collisions causes the 
    bags to be hazardous to small occupants in low-speed collisions.\11\ 
    They also argued that abandonment of the unbelted 30 mph unbelted test 
    would obviate the very purpose of the present rulemaking, the 
    development and introduction of advanced air bags, and result in the 
    use of generic ``lowest common denominator'' systems that can be 
    readily be fitted in any vehicle but which seriously compromise safety. 
    The letter stated that it should not be forgotten that air bags were 
    originally conceived to protect unbelted occupants in horrific frontal 
    collisions, and that this remains their principal efficacy to this day.
    ---------------------------------------------------------------------------
    
        \11\ The letter argued that the safety record of many well-
    designed air bag systems over a ten year period belies this premise. 
    The letter stated that a variety of design features allow for 
    protection of unbelted occupants in severe crashes without imposing 
    significant inflation risks in low-speed collisions, and cited 
    vehicle structures with a longer crash pulse, variable inflation 
    forces based on crash severity, higher thresholds (including ``dual 
    thresholds'') and laterally-biased inflation.
    ---------------------------------------------------------------------------
    
    III. SNPRM for Advanced Air Bags
    
    A. Introduction
    
        Our primary goals in this rulemaking continue to be those set for 
    us by TEA 21, i.e., to improve occupant protection for occupants of 
    different sizes, belted and unbelted, while minimizing the risk to 
    infants, children, and other occupants from injuries and deaths caused 
    by air bags. Further, we are seeking to ensure that the needed 
    improvements in occupant protection are made in accordance with the 
    statutory implementation schedule. After carefully reviewing the 
    comments on the NPRM and other available information, we have developed 
    an SNPRM to accomplish these goals.
        In developing this SNPRM, we focused on picking the most 
    appropriate tests so that we could reduce the number of originally 
    proposed tests without significantly affecting the benefits of the 
    NPRM. We were persuaded by the commenters that reducing the amount of 
    testing was important, given resource limitations, and the costs to 
    manufacturers associated with certifying vehicles to such a large 
    number of new test requirements. At the same time, we wanted to be sure 
    that the SNPRM includes sufficient tests to ensure that air bags are 
    redesigned to meet the goals mandated by TEA 21.
        Given the continued debate over what requirements should be relied 
    upon to ensure protection to unbelted occupants, we also wanted to be 
    sure that we have considered and received the benefit of public 
    comments on the various alternative approaches reflecting the views and 
    information now available to us.
        The most significant differences between the NPRM and the SNPRM can 
    be summarized as follows:
         Two alternative unbelted tests. While we proposed one 
    unbelted test in the NPRM, an up-to-48 km/h (30 mph) rigid barrier 
    test, we are proposing and seeking comments on two alternative unbelted 
    tests in this SNPRM. The first alternative is an unbelted rigid barrier 
    test with a minimum speed of 29 km/h (18 mph) and a maximum speed to be 
    established within the range of 40 to 48 km/h (25 to 30 mph). Within 
    this alternative, the potential exists for a phase-in sequence in which 
    the maximum speed would initially be set at 40 km/h (25 mph) to provide 
    vehicle manufacturers additional flexibility when they are introducing 
    advanced air bags during the phase-in. Under this phase-in sequence, 
    the final rule could provide that a maximum speed of 48 km/h (30 mph) 
    would apply after a reasonable period of time. If we reduce the maximum 
    speed to 40 km/h (25 mph) permanently, we might also increase the 
    maximum speed of the belted rigid barrier test from the current 48 km/h 
    to 56 km/h (30 to 35 mph). The second alternative is an unbelted offset 
    deformable barrier test with a minimum speed of 35 km/h (22 mph) and a 
    maximum speed to be established within the range of 48 to 56 km/h (30 
    to 35 mph). The latter alternative was developed in response to a 
    recommendation made by IIHS in its comment on the NPRM.\12\ We are 
    proposing the 29 and 35 km/h (18 and 22 mph) lower ends of the ranges 
    of test speeds because we want to be sure that the standard does not 
    inadvertently create incentives to push deployment thresholds downward, 
    i.e., cause air bags to be deployed at lower speeds.
    ---------------------------------------------------------------------------
    
        \12\ IIHS's views have changed since making that recommendation. 
    Its current views are discussed below.
    ---------------------------------------------------------------------------
    
         Possible higher speed belted rigid barrier test. We are 
    also specifically requesting comment on a similar option for the belted 
    test requirement, in which a 48 km/h (30 mph) test would be in effect 
    through the TEA 21 phase-in, to be subsequently replaced with a 56 km/h 
    (35 mph) test, using both 5th percentile adult female and 50th 
    percentile adult male dummies.
         Reduced number of tests. We have significantly reduced the 
    total number of proposed tests. In a number of situations, we have 
    tentatively concluded that a proposed test could be deleted because the 
    performance we sought to secure by means of that test would largely be 
    assured by one or more of the other tests.
         Reduced offset testing. The proposed up-to-40 km/h (25 
    mph) offset crash test using belted 5th percentile adult female dummies 
    would be conducted only with the driver side of the vehicle engaged, 
    instead of both with the driver side and with the passenger side 
    engaged.
         Ensuring that certain static suppression systems can 
    detect real children and adults. For our proposed static test 
    requirements for systems (e.g., weight sensors) which suppress air bags 
    in the presence of infants and children, we are proposing a new option 
    which would permit manufacturers to certify to requirements referencing 
    children, instead of 3-year-old and 6-year-old child dummies, in a 
    stationary vehicle to test the suppression systems. (This option would 
    not apply to systems designed to suppress the air bags only when an 
    infant is present.) Adult human beings could also be used in the place 
    of 5th percentile adult female dummies for the portions of those static 
    test requirements which make sure that the air bag is activated for 
    adults. Steps would be taken to ensure the safety of all subjects used 
    for these tests.
         Reduced number of child restraints used for testing 
    suppression systems. Instead of requiring manufacturers to assure 
    compliance of a vehicle in tests using any child restraint which was 
    manufactured for sale in the United States any time during a specified 
    period prior to the manufacture of the vehicle, we would require them 
    to assure compliance using any child restraint on a relatively short 
    list of specific child restraint models. Those models would be chosen 
    to be representative of the array of available child restraints. The 
    list would be
    
    [[Page 60564]]
    
    updated from time to time to reflect changes in the types of available 
    child restraints.
         Modified requirements for systems that suppress the air 
    bag for out-of-position occupants. We have significantly modified the 
    proposed requirements for systems that suppress the air bag when an 
    occupant is out of position during a crash. In the NPRM, we proposed a 
    single test procedure for all types of such suppression systems. We 
    were persuaded by the commenters that the proposed test procedure was 
    not appropriate for some of the systems that are currently under 
    development. Because we did not have sufficient information or 
    prototype hardware to develop a new test procedure, and because no one 
    test procedure may be appropriate for a number of comparably effective 
    suppression technologies, we are proposing a provision that would 
    permit manufacturers or others to petition the agency to establish 
    technology-specific test procedures under an expedited rulemaking 
    process.
         No full scale dynamic out-of-position test requirements. 
    We are eliminating from this rulemaking the proposed option for full 
    scale dynamic out-of-position test requirements (the option which 
    included pre-impact braking as part of the test procedure). We were 
    persuaded by the commenters that the proposed test procedure is not 
    workable at this time. Moreover, we believe this option is unnecessary 
    at this time, since other options are available for the range of 
    effective technologies we understand to be under development.
        The existing tests that would be retained as well as those proposed 
    in this SNPRM are identified in Figures 1a, 1b and 2, below. Figures 1a 
    and 1b show the two alternative sets of test requirements to improve 
    occupant protection for different size occupants, belted and unbelted, 
    in moderate to high speed crashes. Figure 2 shows test requirements to 
    minimize the risk to infants, children, and other occupants from 
    injuries and deaths caused by air bags, especially in low speed 
    crashes.
    
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        A discussion of the specific proposed test requirements follows. We 
    will first discuss requirements to improve protection for different 
    size occupants, belted and unbelted, and will then discuss requirements 
    to minimize risks from air bags. We also discuss in detail the major 
    differences from the NPRM.
    
    B. Existing and Proposed Test Requirements
    
    1. Tests for Requirements To Improve Occupant Protection for Different 
    Size Occupants, Belted and Unbelted
        a. September 1998 NPRM.
        In the NPRM, we proposed test requirements to improve occupant 
    protection for different size occupants, belted and unbelted. The 
    proposed requirements included rigid barrier tests and offset 
    deformable barrier tests.
        Under the proposed rigid barrier test requirements in the NPRM, 
    vehicles would have been required to meet injury criteria performance 
    limits, including ones for the head, neck, chest, and femurs, measured 
    on 50th percentile adult male and 5th percentile adult female test 
    dummies during rigid barrier crash tests at any speed up to 48 km/h (30 
    mph) and over the range of vehicle-to-crash-barrier angles from -30 
    degrees to +30 degrees. Tests with 50th percentile adult male dummies 
    would be conducted with the vehicle seat in the mid-track position; 
    tests with 5th percentile adult female dummies would be conducted with 
    the vehicle seats in the full forward position.\13\ Vehicles were to 
    meet the injury criteria with belted and unbelted dummies. The purpose 
    of the rigid barrier tests was to help ensure that vehicles protect 
    different size occupants, belted and unbelted, from risk of serious or 
    fatal injury in moderate to high speed crashes.
    ---------------------------------------------------------------------------
    
        \13\ More specifically, the seat would be placed in the full 
    forward position if the 5th percentile adult female dummy can be 
    placed in the seat when it is in that position. Otherwise, the seat 
    is moved back to the closest position to full forward that will 
    allow the dummy to be placed in the seat.
    ---------------------------------------------------------------------------
    
        Under the proposed offset deformable barrier test requirements, 
    vehicles would have been required to meet injury criteria performance 
    limits during an up-to-40 km/h (25 mph) frontal offset deformable 
    barrier test, using belted 5th percentile adult female dummies. The 
    frontal offset test would have been conducted with either the driver 
    side of the vehicle or the passenger side of the vehicle engaged with 
    the barrier. The purpose of this test was to help ensure that vehicle 
    manufacturers design their crash sensing and software systems to 
    adequately address soft and long duration crash pulses.
        Our NPRM would have required as many as a total of 14 crash tests 
    to improve occupant protection. This number is based on counting each 
    rigid barrier test specifying use of a particular dummy as three tests, 
    reflecting the assumption that, for typical vehicle and air bag 
    designs, there would be three worst case conditions: 48 km/h (30 mph) 
    at -30 degrees, 48 km/h (30 mph) at 0 degrees, and 48 km/h (30 mph) at 
    +30 degrees.\14\
    ---------------------------------------------------------------------------
    
        \14\ The count of 14 tests reflects four rigid barrier tests 
    (belted 50th percentile adult male dummy, unbelted 50th percentile 
    adult male dummy, belted 5th percentile adult female dummy, and 
    unbelted 5th percentile adult female dummy), each of which are 
    counted as three tests. Thus, the rigid barrier tests account for 12 
    of the 14 tests. The other two tests were the offset test with the 
    driver side of the vehicle engaged with the barrier, and the offset 
    test with the passenger side of the vehicle engaged with the 
    barrier.
    ---------------------------------------------------------------------------
    
        Our proposed requirements for improving occupant protection in 
    potentially fatal crashes differed from the existing Standard No. 208 
    in several important respects.
        First, vehicles would for the first time be required to be 
    certified to crash test requirements using 5th percentile adult female 
    dummies, which would be seated in the full forward seat track position. 
    Historically, the standard has only specified the use of 50th 
    percentile adult male dummies seated further back.
        Second, vehicles would be required for the first time to meet neck 
    injury criteria performance limits in a crash test. Neck injuries are a 
    particular concern for persons sitting close to the air bag.
        Third, vehicles would for the first time be required to comply with 
    injury criteria limits in a 40 km/h (25 mph) frontal offset deformable 
    barrier test with belted 5th percentile adult female dummies. The only 
    frontal crash tests previously specified by the standard were rigid 
    barrier tests.
        Fourth, we proposed to phase out the unbelted sled test option and 
    return to the up-to-48 km/h (30 mph) unbelted rigid barrier test 
    requirement.\15\ However, it would be more than simply returning to the 
    previous test requirement, since the unbelted rigid barrier test would 
    now be conducted with 5th percentile adult female dummies as well as 
    50th percentile adult male dummies. In addition, we proposed added 
    injury criteria for the chest and neck.
    ---------------------------------------------------------------------------
    
        \15\ We explained in the NPRM that we added the sled test to 
    Standard No. 208 in March 1997 as a temporary option to simplify and 
    expedite the testing and certification of redesigned air bags that 
    inflate less aggressively. We did so because the lead time needed 
    for the relatively straightforward redesign measures contemplated by 
    the manufacturers for MY 1998 vehicles, including the reduction of 
    inflator power, was significantly shorter than the lead time for the 
    technological solutions that are the subject of this rulemaking.
    ---------------------------------------------------------------------------
    
        We proposed to phase out the sled test option as we phased in the 
    requirements for advanced air bags. We stated that while we believe the 
    sled test option has been an expedient and useful temporary measure to 
    ensure that the vehicle manufacturers could quickly redesign all of 
    their air bags and to help ensure that some protection would continue 
    to be provided by air bags, we did not consider sled testing to be an 
    adequate long-term means of assessing the extent of occupant protection 
    that a vehicle and its air bag will afford occupants in real world 
    crashes.
        We noted that the sled test, first, does not address vehicle 
    factors that can significantly affect the level of protection provided 
    in the real world and, second, is not representative of a significant 
    number of potentially fatal real world crashes. Each of these 
    limitations is significant. The first means that sled test results may 
    have limited relationship to real world performance in many types and 
    levels of severity of crash. The second means that sled test results 
    may not be a good measure of air bag performance in the kinds of 
    crashes in which air bags are supposed to save lives. While we proposed 
    to return to the up-to-48 km/h (30 mph) unbelted rigid barrier test 
    requirement, we requested comments on possible alternative unbelted 
    crash test requirements.
        b. Comments on 1998 NPRM.
        Our proposal to reinstate the up-to-48 km/h (30 mph) unbelted rigid 
    barrier test requirement was by far the most extensively debated issue 
    of this rulemaking. As noted earlier, commenters had sharply different 
    views on this aspect of the NPRM. In their initial comments, motor 
    vehicle manufacturers and their trade associations strongly opposed 
    returning to the up-to-48 km/h (30 mph) unbelted rigid barrier test and 
    urged that the sled test option remain in effect permanently. They 
    argued that reinstating the up-to-48 km/h (30 mph) unbelted rigid 
    barrier test would prevent continued use of ``depowered'' air bags and 
    require a return to ``overly aggressive'' air bags and that the test is 
    not representative of typical real world crashes. They argued that the 
    sled test includes a crash pulse that is more representative of typical 
    real world crashes.
        On August 31, 1999, however, vehicle manufacturers and their trade 
    associations presented to the agency a
    
    [[Page 60569]]
    
    consensus recommendation for an unbelted crash test. The industry 
    recommended an unbelted rigid barrier crash test at 40 km/h (25 mph) 
    using both 50th percentile adult male dummies and 5th percentile adult 
    female dummies. The test would be conducted in the perpendicular mode 
    only, i.e., there would be no unbelted oblique tests. Industry 
    representatives argued that oblique tests are not needed to ensure wide 
    air bags as vehicle manufacturers will provide them in light of other 
    considerations, e.g., general safety considerations, the 48 km/h (30 
    mph) belted rigid barrier crash testing, and IIHS and European high 
    speed belted offset deformable barrier testing.
        In its comments on the NPRM, IIHS also opposed returning to the up-
    to-48 km/h (30 mph) unbelted rigid barrier test, for reasons similar to 
    those cited by the vehicle manufacturers. However, that organization 
    suggested that if we wish to phase out the sled test, we should 
    consider replacing it with the 56 km/h (35 mph) European offset crash 
    into a deformable barrier, using unbelted dummies, instead of the rigid 
    barrier test. IIHS stated that this configuration would address not 
    only protection in asymmetric crashes, but also some issues of 
    intrusion that are related to restraint system performance, e.g., 
    steering column movement. IIHS also stated that adoption of this test 
    would be in the direction of harmonizing European and U.S. test 
    procedures, the only difference being using unbelted versus belted 
    dummies.
        On September 14, 1999, however, IIHS advised us that it now 
    believes that an unbelted 56 km/h (35 mph) offset deformable barrier 
    crash test would be inappropriate. That organization is concerned that 
    including this test in Standard No. 208 might lead to an increase in 
    unintended high-energy air bag deployments, posing risks to out-of-
    position occupants, because of uncertainties in the sensing and 
    algorithm capabilities in making proper deployment decisions. This 
    potential problem is related to the nature of this crash test. During 
    the initial phase of the test, i.e., during the crushing of the 
    deformable barrier face, vehicles experience a long duration, low 
    magnitude acceleration. The crash pulse in this phase of the test 
    resembles that of a low speed crash. After the vehicle crushes the 
    barrier face and reaches the underlying rigid portion, the remaining 
    phase of the test is similar to a rigid barrier test. IIHS is concerned 
    that because the initial phase of the test results in a crash pulse 
    similar to that experienced in a low speed crash, air bag systems might 
    not be able to distinguish between the offset test and a low speed 
    crash during the time the decision whether to deploy the air bag must 
    be made. If this were the case, an air bag system that was designed to 
    meet an unbelted 56 km/h (35 mph) offset deformable barrier crash test 
    by means of a high-energy air bag deployment might inappropriately 
    provide the same kind of deployment in a low speed crash, thereby 
    posing unnecessary risks to out-of-position occupants.
        The Automotive Occupant Restraints Council (AORC), representing 
    manufacturers of air bags and seat belts, stated that while it believes 
    the current sled test option serves a useful purpose, a sled test 
    cannot provide a complete assessment of the crash protection provided 
    by a vehicle/restraint system. That organization stated it believes 
    that to fully assess crash protection for belted and unbelted 
    occupants, barrier crash tests of complete vehicles should be included 
    in the test requirements of Standard No. 208. AORC noted that complete 
    vehicle barrier tests permit the evaluation of the vehicle's structure 
    and its contribution to occupant protection. AORC recommended that 
    additional analysis be conducted concerning what barrier and test 
    conditions should be included in Standard No. 208.
        A number of commenters, including several public interest groups, 
    argued that the up-to-48 km/h (30 mph) unbelted rigid barrier test is 
    representative of a significant portion of real world crashes, and that 
    improvements in vehicle and air bag designs will enable manufacturers 
    to meet the test without safety tradeoffs.
        As to the proposed belted tests, some vehicle manufacturers argued 
    in their comments on the NPRM that a belted rigid barrier test using 
    5th percentile adult female dummies would be redundant. They argued 
    that the combination of other tests using 5th percentile adult female 
    dummies plus the existing rigid barrier test using belted 50th 
    percentile adult male dummies would address the same area of safety.
        Commenters' views on the proposed up-to-40 km/h (25 mph) belted 
    offset deformable barrier test were mixed, but mostly supportive. Many 
    commenters, including several safety advocacy groups and a number of 
    vehicle manufacturers, supported the addition of an offset deformable 
    barrier test.
        As noted earlier, some vehicle manufacturers requested that the 
    test be conducted only with the driver's side engaged, instead of with 
    either side engaged as proposed in the NPRM. The Association of 
    International Automobile Manufacturers (AIAM) stated that a test with 
    the driver's side engaged would more likely produce worst case driver 
    out-of-position locations and possible driver-side intrusion, and that 
    a passenger side offset test would be redundant. Another suggestion 
    made by some vehicle manufacturers was to conduct the test only at 40 
    km/h (25 mph), rather than at speeds up to 40 km/h (25 mph).
        General Motors (GM) stated that it agreed with the addition of the 
    offset deformable barrier test only if the unbelted sled test option 
    remained in effect. GM stated that the offset deformable barrier test 
    augments the sled test by addressing the crash sensing aspects of 
    performance.
        DaimlerChrysler argued that the addition of a 40 km/h (25 mph) 
    belted offset deformable barrier test for the 5th percentile adult 
    female is unnecessary in light of future ``depowered'' and/or advanced 
    air bags. That commenter stated that injury risks to small occupants 
    sitting near the driver air bag are adequately assessed using the 
    proposed out-of-position, low-risk deployment tests, which it endorses.
        c. SNPRM.
        We believe that the comments on the proposed test requirements to 
    improve occupant protection for different size occupants, belted and 
    unbelted, raise two primary questions:
        (1) What type and severity level of an unbelted crash test should 
    be included in Standard No. 208?
        (2) Are some of the tests proposed in the NPRM redundant, given the 
    other proposed tests?
        In the sections which follow, we will address what unbelted test 
    requirements are needed to address the protection of unbelted teenagers 
    and adults, and what overall set of requirements is needed to improve 
    protection for different size occupants, belted and unbelted.
    
    (i) Requirements for Tests With Unbelted Dummies
    
        As we address the issue of what unbelted requirements should be 
    included in Standard No. 208 to address the protection of unbelted 
    teenagers and adults, we believe the ultimate question for regulators, 
    industry and the public is how the required safety features work in the 
    real world. We will consider that question as we separately address two 
    issues: (1) sled testing versus crash testing, and (2) alternative 
    unbelted crash tests (e.g., rigid barrier crash tests, offset 
    deformable tests, etc.) at various severity levels.
        Crash testing vs. sled testing. In a full-scale crash test, 
    instrumented test dummies are placed in a production
    
    [[Page 60570]]
    
    vehicle, and the vehicle is actually crashed. Measurements from the 
    test dummies are used to determine the forces, and injury potential, 
    human beings would have experienced in the crash.
        Many different types of crash tests can be conducted, and the 
    various types of crash tests can be conducted at different levels of 
    severity. Commonly conducted crash tests include: (1) rigid barrier 
    tests, in which a vehicle is crashed head-on (perpendicular) or at an 
    angle into a rigid barrier, (2) offset deformable barrier tests, in 
    which a vehicle is crashed into a barrier with a deformable face, with 
    only a portion of the front of the vehicle (e.g., 40 percent) engaging 
    the barrier, and (3) moving deformable barrier tests, in which a moving 
    deformable barrier designed to be representative of particular vehicles 
    is crashed into the test vehicle. Vehicle-to-vehicle crash tests, in 
    which one vehicle is crashed into another vehicle, are sometimes used 
    in research or product development.
        In a sled test, no crash takes place. The vehicle is essentially 
    undamaged. The vehicle is placed on a sled-on-rails, and instrumented 
    test dummies are placed in the vehicle. The sled is accelerated very 
    rapidly backwards (relative to the direction that the occupants would 
    be facing), so that the occupant compartment experiences the same 
    motion as might be experienced in a crash. The air bags are manually 
    deployed at a pre-selected time during the sled test. Measurements from 
    the test dummies are used to determine the forces, and injury 
    potential, human beings would have experienced during the test.
        In the NPRM, we explained that the agency has long specified full 
    scale vehicle crash tests using instrumented dummies, in a variety of 
    our standards, because it is only through such tests that the 
    protection provided by the vehicle occupant protection system can be 
    fully measured.
        In the NPRM, we cited several significant limitations of the 
    current sled test, some of which are inherent to any sled test. We 
    explained:
    
        Unlike a full scale vehicle crash test, a sled test does not, 
    and cannot, measure the actual protection an occupant will receive 
    in a crash. The current sled test measures limited performance 
    attributes of the air bag, but cannot measure the performance 
    provided by the vehicle structure in combination with the air bags 
    or even the full air bag system by itself.
        Among other shortcomings, the sled test does not evaluate the 
    actual timing of air bag deployment. Deployment timing is a critical 
    component of the safety afforded by an air bag. If the air bag 
    deploys too late, the occupant may already have struck the interior 
    of the vehicle before deployment begins.
        Air bag timing is affected by parts of the air bag system which 
    are not tested during a sled test, i.e., the crash sensors and 
    computer crash algorithm. A barrier crash test evaluates the ability 
    of sensors to detect a crash and the ability of an algorithm to 
    predict, on the basis of initial sensing of the rate of increase in 
    force levels, whether crash forces will reach levels high enough to 
    warrant deployment. However, the sled test does not evaluate these 
    critical factors. The ability of an algorithm to correctly, and 
    quickly, predict serious crashes is critical. The signal for an air 
    bag to deploy must come very early in a crash, when the crash forces 
    are just beginning to be sensed by the air bag system. A delay in an 
    air bag's deployment could mean that the air bag deploys too late to 
    provide any protection. In a sled test, the air bag is artificially 
    deployed at a predetermined time. The time of deployment in a sled 
    test is artificial and may differ significantly from the time when 
    the air bag would deploy during an actual crash involving the same 
    vehicle.
        Second, the current generic sled pulse does not replicate the 
    actual crash pulse of a particular vehicle model, i.e., the specific 
    manner in which the front of the vehicle deforms during a crash, 
    thereby absorbing energy. The actual crash pulse of a vehicle is a 
    critical factor in occupant protection. A crash pulse affects the 
    timing of air bag deployment and the ability of an air bag to 
    cushion and protect an occupant. However, the current sled test does 
    not use the crash pulse of the vehicle being tested. In many cases, 
    the crash pulse used in the sled test is not even one approximately 
    representative of the test vehicle. The sled test uses the crash 
    pulse of a large passenger car for all vehicles, regardless of their 
    type or size. This crash pulse is appropriate for large passenger 
    cars, but not for light trucks and smaller cars since they typically 
    have much ``stiffer'' crash pulses than that of the sled test. In 
    the real world, deceleration of light trucks and smaller cars, and 
    their occupants, occurs more quickly than is simulated by the sled 
    test. Thus, the sled test results may overstate the level of 
    occupant protection that would be provided by a vehicle and its air 
    bag system in the real world. An air bag that can open in a timely 
    fashion and provide adequate cushioning in a soft pulse crash may 
    not be able to do so in a stiffer pulse crash. This is because an 
    occupant of a crashing vehicle moves forward, relative to the 
    vehicle, more quickly in a stiffer pulse crash than in a softer 
    pulse crash.
        Third, a sled test does not measure the potential for harm from 
    vehicle components that are pushed back into the occupant 
    compartment during a crash. Examples of components that may intrude 
    into the occupant compartment include the steering wheel, an A-
    pillar and the toe-board. Since a sled test does not involve any 
    kind of crash or deformation of the vehicle, it implicitly assumes 
    that such intrusion does not occur in crashes. Thus, the sled test 
    may indicate that a vehicle provides good protection when, as a 
    result of steering wheel or other intrusion, the vehicle will 
    actually provide poor protection in a real world crash.
        Fourth, the sled test does not measure how a vehicle performs in 
    angled crashes. It only tests vehicles in a perpendicular crash. In 
    the real world, frontal crashes occur at varying angles, resulting 
    in occupants moving toward the steering wheel and instrument panel 
    in a variety of trajectories. The specification of angled tests in 
    conjunction with the barrier test requirement ensures that a vehicle 
    is tested under these real world conditions. 63 FR 49971.
    
        Commenters supporting retention of the sled test did not dispute 
    the inherent limitations of sled tests as compared to crash tests.
        AAMA argued that the single best argument for retaining the 
    existing sled test is that ``it's working;'' AAMA contended that 
    ``depowered'' air bags in vehicles certified according to the sled test 
    are saving the lives of occupants of all sizes, while reducing the harm 
    to children and other out-of-position occupants.
        It is not clear, however, that the sled test is responsible for any 
    of the benefits of redesigned air bags other than to the extent it made 
    it easier for vehicle manufacturers to redesign and certify their 
    existing air bags more quickly.
        As noted earlier, limited available data appear to indicate that 
    redesigned air bags have reduced the risks from air bags for the at-
    risk populations. However, it is not possible at this time to draw 
    statistically significant conclusions about this. There is a greater 
    amount of data on the overall benefits of air bags. These data indicate 
    that there is essentially the same or slightly better protection 
    provided by the redesigned air bags compared to earlier air bags.
        Regardless of how well vehicles with redesigned air bags are 
    currently performing, however, the sled test itself cannot guarantee 
    that future air bags would perform nearly so well. These vehicles and 
    their air bags were initially designed to the unbelted barrier test, 
    and their current air bags represent quick, partial redesigns of those 
    air bags. Thus, their performance is still highly reflective of the 
    unbelted test.
        While the sled test has made it easier for manufacturers to 
    redesign and certify their vehicles more quickly, manufacturers could 
    and did depower air bags under Standard No. 208's unbelted barrier 
    test. As discussed below, available data suggest that most vehicles, 
    while certified to the sled test, continue to meet the unbelted barrier 
    test requirements (including the new neck injury criteria) with the 
    50th percentile adult male dummies.
        Our goal in this rulemaking is to determine what requirements to 
    protect
    
    [[Page 60571]]
    
    unbelted and other occupants should apply to vehicles in the future. 
    AAMA's argument that the sled test is working does not take into 
    account all of the kinds of less protective vehicles and air bags that 
    would be permitted by the sled test, given its mildness, and which 
    might be produced if the sled test were allowed to remain in effect on 
    a long-term basis.
        The sled test is unable to offer any assurance that current 
    vehicles and air bags are representative of what manufacturers would 
    offer in the long run if the sled test were available as a permanent 
    option. Nothing in the standard would inhibit manufacturers from making 
    their air bags significantly smaller in both depth and width, and thus 
    less protective in high speed crashes. In particular, narrower air bags 
    could provide less protection in crashes involving oblique angles. The 
    sled test also might permit ``face bags'' which do not provide chest 
    protection or restraint for portions of the lower torso. In addition, 
    the absence of an unbelted full-vehicle test at an appropriate severity 
    level would permit vehicles to be designed with stiffer, less energy-
    absorbing front ends, e.g., to provide more interior passenger or 
    cargo-carrying space at the expense of frontal ``crush'' space.
        Moreover, unless balanced by an effective unbelted crash test 
    requirement, the proposed new requirements to minimize air bag risks to 
    out-of-position occupants have the potential to create an incentive for 
    manufacturers to make their current air bags smaller and less 
    protective. An inexpensive and relatively easy way to reduce risks from 
    the air bag to out-of-position occupants is to further depower air bags 
    and make them smaller. However, if air bags are depowered too much or 
    made too small, they will not provide meaningful protection in high 
    speed crashes.
        Our basic obligation is to issue Federal motor vehicle safety 
    standards that establish a minimum level of performance that protects 
    the public against unreasonable risk of crashes occurring because of 
    the design, construction, or performance of a motor vehicle, and 
    against unreasonable risk of death or injury in a crash. In this 
    particular rulemaking, we are facing an array of safety problems, and 
    TEA 21 as well as our pre-existing statutory authority, require that we 
    address each of them.
        The most reliable way to determine how vehicles will perform in 
    real world crashes is to crash them. That is why we believe that a 
    crash test is needed. Sled tests are useful research tools, but they do 
    not provide as full or accurate a measure of the occupant protection 
    that a vehicle will provide in the real world.
        Given the importance of unbelted protection, we believe it is 
    necessary to provide the public with assurance that the minimum level 
    of performance for each vehicle will be required to be meaningful, 
    based on careful scientific and engineering analysis. While we have 
    carefully considered all of the comments concerning the sled test, we 
    continue to believe that sled testing is an inadequate long-term means 
    for ensuring that current levels of unbelted occupant protection are 
    improved. This is based on the above-noted inherent limitations of sled 
    tests, as compared to crash tests, in evaluating occupant protection. 
    Whether one looks at IIHS with its offset crash test program, Europe 
    with its offset NCAP program, or our experience with our NCAP, Standard 
    No. 208 and Standard No. 214, it is widely acknowledged that crash 
    tests, set at appropriate severity levels, provide the best means of 
    evaluating the protection that occupants will receive in real world 
    crashes.
        For this SNPRM, we urge commenters to focus on what specific 
    unbelted complete vehicle crash tests are the most appropriate.
        Alternative unbelted crash tests. As we noted above, many different 
    types of crash tests can be conducted, and the various types of crash 
    tests can be conducted at different levels of severity and orientation. 
    Commonly conducted crash tests include: (1) fixed rigid barrier tests, 
    (2) fixed offset deformable barrier tests and (3) moving deformable 
    barrier tests.
        If government or anyone else wants to determine whether a vehicle 
    provides an appropriate degree of occupant protection in a potentially 
    fatal or serious injury producing crash, the crash test must have the 
    severity representative of those crashes. The fact that a test might 
    indicate that an occupant would not be injured or killed in a 
    relatively mild crash says nothing about whether the occupant would 
    likely be killed in a more serious crash. That is why it is important 
    to distinguish between the universe of all typical real world crashes 
    and those typical real world crashes serious enough to pose a 
    significant risk of serious or fatal injury. While one could argue that 
    the most ``typical'' crash is probably a fender bender resulting in 
    little or no personal injury, basing Standard No. 208 on such a test 
    would not result in any savings in lives or reductions in serious 
    injuries. Of course, there are many issues to consider in selecting a 
    specific crash test, but we must focus on seeking to represent the kind 
    of typical crashes that are potentially fatal, rather than typical 
    crashes as a whole.
        When we issued the NPRM, we released a paper titled ``Review of 
    Potential Test Procedures for FMVSS No. 208.'' The paper provided a 
    detailed technical analysis of the various alternative crash tests. To 
    accompany this SNPRM, we are releasing an updated version of that 
    paper, which has been revised in light of comments and other new 
    information. The paper shows that, among the currently available 
    alternative crash tests, the rigid barrier test (perpendicular and up 
    to 30 degrees oblique to perpendicular) represents the 
    greatest number of real world crashes involving serious to fatal 
    injuries. The only alternative crash test that would represent a 
    greater number of such crashes would be one involving a moving 
    deformable barrier, which is still undergoing research.
        In the NPRM, we noted that while the perpendicular rigid barrier 
    test results in crash pulses of short duration, e.g., the kind of pulse 
    that a vehicle experiences when it fully engages another similar-sized 
    or larger vehicle directly head-on or strikes a bridge abutment, the 
    oblique rigid barrier tests result in crash pulses of longer duration, 
    i.e., a ``softer'' crash pulse, which may occur when vehicles strike 
    each other at various angles.
        We also noted that vehicles and air bags designed to comply with 
    the unbelted rigid barrier test have been effective in saving lives. At 
    the time of the NPRM, we estimated that air bags had saved the lives of 
    about 3,148 drivers and passengers. Of these, 2,267 were unbelted. The 
    rest, 881, were belted. If these levels of effectiveness are maintained 
    (i.e., 21 percent in frontal crashes for restrained occupants and 34 
    percent in frontal crashes for unrestrained occupants), air bags will 
    save more than 3,000 lives each year in passenger cars and light trucks 
    when all light vehicles on the road are equipped with dual air bags.
        Commenters opposing the 48 km/h (30 mph) unbelted barrier test 
    raised two primary issues. First, they argued that the test is not 
    representative of typical crashes. Second, they argued that returning 
    to this test would prevent continued use of ``depowered'' air bags and 
    would require a return to ``overly aggressive'' air bags.
        We note that, in arguing that the 48 km/h (30 mph) unbelted barrier 
    test is not representative of typical crashes, the commenters did not 
    define what they meant by ``typical crashes.'' Given that
    
    [[Page 60572]]
    
    the purpose of Standard No. 208 is primarily to reduce serious-to-fatal 
    injuries, we believe that question is whether that test is 
    representative of the crashes that produce those injuries. More than 
    18,000 drivers and right front passengers are killed each year in 
    frontal impacts, and more than 290,000 drivers and right front 
    passengers experience moderate to critical non-fatal injuries. These 
    numbers would be significantly higher without effective air bags.
        In order to promulgate safety standards that protect the public 
    against unreasonable risk of death or injury in a crash, and to fulfill 
    our specific duty under TEA 21 to improve occupant protection for 
    occupants of different sizes, belted and unbelted, it is necessary for 
    Standard No. 208 to address these crashes. In addition, by requiring 
    vehicles to provide protection over a range of crash severities, e.g., 
    in tests at speeds ``up to'' a given velocity, we also address 
    protection for lower severity crashes. The upper level severity must, 
    however, be sufficient to ensure that manufacturers provide life-saving 
    occupant protection in higher speed crashes.
        The following figures, derived from National Automotive Sampling 
    System (NASS) data for years 1993-1997, show the cumulative 
    distribution of injuries and fatalities in frontal crashes by delta 
    V,\16\ for all occupants, belted occupants, and unbelted occupants:
    ---------------------------------------------------------------------------
    
        \16\ As used here, ``delta V'' refers to the crash-induced 
    change in velocity of a vehicle in a crash. When looking at the 
    severity of a crash and its influence on air bag design, delta V is 
    not the only important factor. Another important factor is the time 
    to reach that delta V. The time is important because it affects the 
    speed at which the occupant strikes the interior of the vehicle, 
    i.e., for a given delta V crash, the shorter the time duration, the 
    higher the occupant impact speed.
    
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        The figures show the cumulative distribution of injuries by delta V 
    for fatalities, for MAIS 3+ injuries, and for MAIS 2+ injuries. MAIS 3+ 
    injuries are those which are classified as serious or greater injury, 
    while MAIS 2+ are those which are classified as moderate or 
    greater.\17\
    ---------------------------------------------------------------------------
    
        \17\ The AIS or Abbreviated Injury Scale, first developed by the 
    Association for the Advancement of Automotive Medicine in 1971, is a 
    consensus-derived, anatomically based system that ranks individual 
    injuries by body region on a scale of 1 to 6 as follows: 1=minor, 
    2=moderate, 3=serious, 4=severe, 5=critical, and 6=maximum/currently 
    untreatable. The AIS is intended as a measure of the severity of the 
    injury itself and not as a measure of impairments or disabilities 
    that may result from the injury. It does not assess the combined 
    effects of multiple injuries to a patient. The AIS was revised and 
    updated several times, with the most recent revision in 1990. MAIS 
    represents the maximum injury severity (expressed in terms of AIS) 
    of any injury received by a person, regardless of the nature or 
    location of the injury.
    ---------------------------------------------------------------------------
    
        We can see several things by examining the figures. About 50 
    percent of fatalities in frontal crashes occur at delta V's below 48 
    km/h (30 mph), and about 50 percent occur at delta V's above 48 km/h 
    (30 mph). Looking separately at unbelted and belted occupants, 51 
    percent of the fatalities involving unbelted occupants and 47 percent 
    of the fatalities involving belted occupants occur in frontal crashes 
    at delta V's below 48 km/h (30 mph). We note that the delta V in NASS 
    represents the speed at which the vehicle would strike a rigid barrier 
    to duplicate the amount of energy absorbed in the crash. Thus, about 
    half of fatalities in frontal crashes occur in crashes that are more 
    severe than a 48 km/h (30 mph) rigid barrier crash, and half of all 
    frontal crash fatalities occur in crashes that are less severe than a 
    48 km/h (30 mph) rigid barrier crash. Given that Standard No. 208's 
    unbelted crash test requirements are intended to save lives, we 
    disagree that 48 km/h (30 mph) rigid barrier crashes are 
    unrepresentative of the kinds of crashes in which we are seeking to 
    ensure protection.
        As to the argument that returning to the unbelted 48 km/h (30 mph) 
    rigid barrier test would prevent continued use of ``depowered'' air 
    bags and require use of ``overly aggressive'' air bags, the agency will 
    have to consider the information available to it in making a final 
    decision.\18\
    ---------------------------------------------------------------------------
    
        \18\ It is difficult to respond to the industry argument that 
    the 48 km/h (30 mph) barrier test would prevent continued use of 
    ``depowered'' air bags because ``depowered'' is an amorphous, 
    relative concept, not an absolute one. The term simply means ``less 
    power than before.'' Saying that an air bag is depowered is not a 
    statement that the air bag has more or less than some specific 
    pressure rise rate or overall peak pressure of the air bag inflator. 
    Thus, there is no way of examining or testing an air bag to 
    determine whether it is ``depowered.''
        Further, not all pre-depowered air bags had the same level of 
    power. Indeed, there was a wide variation in the level of power of 
    pre-depowered air bags. Likewise, there is variation in the level of 
    power of depowered air bags. In addition, Parents for Safer Air Bags 
    (Parents) noted that many of today's vehicles incorporate a whole 
    array of air bag design improvements, making it difficult to 
    attribute the apparent decrease in air bag fatalities and injuries 
    to any particular feature or combination of features.
        Accordingly, in this document, we generally use the term 
    ``redesigned'' in referring to air bags that have been changed in 
    various ways since MY 1997, including, in many cases, a reduction in 
    the pressure rise rate and/or overall peak pressure of the air bag 
    inflator. These air bags have not been depowered as much as the sled 
    test permits. Further, most of the redesigned air bags tested by the 
    agency meet the unbelted 48 km/h (30 mph) barrier test.
    ---------------------------------------------------------------------------
    
        In the NPRM, we noted that, based on very limited data, it appeared 
    that many, perhaps most, vehicles with redesigned air bags continue to 
    meet the historical 48 km/h (30 mph) rigid barrier requirements of 
    Standard No. 208 (using 50th percentile adult male dummies and applying 
    the current injury criteria performance limits) by fairly wide margins. 
    At that time, we had tested five vehicles with redesigned driver air 
    bags in unbelted 48 km/h (30 mph) rigid
    
    [[Page 60576]]
    
    barrier tests, and all passed Standard No. 208's previous injury 
    criteria by significant margins. We had tested six vehicles with 
    redesigned passenger air bags in unbelted 48 km/h (30 mph) rigid 
    barrier tests, and all but one passed the standard's injury criteria 
    performance limits by significant margins.
        Some vehicle manufacturers objected to our analysis in this area. 
    They argued that, given the variability associated with testing 
    different vehicles of the same design, the fact that a particular 
    vehicle had passed a single test would not necessarily allow them to 
    certify that model vehicle as complying with Standard No. 208 because 
    there would not be a sufficient margin of compliance to ensure that all 
    vehicles of that model would pass the test. Some manufacturers 
    indicated that they need a 20 percent margin of compliance in order to 
    so certify. Vehicle manufacturers also stated that they need to ensure 
    that all variations and configurations of a model would pass the test 
    and that, in some cases, we tested a configuration which would result 
    in lower injury criteria readings than other variations and 
    configurations.
        We continue to believe that a key way of assessing the validity of 
    the argument that a return to the 48 km/h (30 mph) barrier test would--
    at least in the absence of additional technological improvements--
    prevent continued use of redesigned air bags is to test vehicles with 
    those air bags in 48 km/h (30 mph) barrier tests and see how they 
    perform. Therefore, since issuing our NPRM, we have conducted more 
    barrier tests of vehicles with redesigned air bags.
        We have now tested a total of 13 MY 1998-99 vehicles with 
    redesigned air bags in a perpendicular rigid barrier crash test at 48 
    km/h (30 mph) with unbelted 50th percentile adult male driver and 
    passenger dummies. The vehicles represented a wide range of vehicle 
    types and sizes. In particular, the 13 vehicles included one sub-
    compact car, one compact car, four mid-size cars (representing high 
    sales volume vehicles), one full-size car, two mid-size sport utility 
    vehicles, one full-size sport utility vehicle, one pickup truck, one 
    minivan, and one full-size van.\19\
    ---------------------------------------------------------------------------
    
        \19\ The specific vehicles and their classes included a Saturn 
    (sub-compact car), a Neon (compact car), an Intrepid, Camry, Taurus, 
    and Accord (mid-size cars), an Acura RL (full-size car), an Explorer 
    and Cherokee (mid-size SUV's), an Expedition (large SUV), a Tacoma 
    (pickup truck), a Voyager (minivan), and an Econoline (full-size 
    van).
    ---------------------------------------------------------------------------
    
        For the driver position, 12 of the 13 vehicles passed all the 
    relevant injury criteria performance limits we are proposing in this 
    SNPRM. In the one vehicle with a failure, the MY 1999 Acura RL, the 
    driver dummy exceeded the femur load criteria. For the passenger 
    position, 12 of the 13 vehicles also passed all of the relevant injury 
    criteria performance limits. The MY 1998 Dodge Neon slightly exceeded 
    the 60 g chest acceleration limit (with a value of 61.4 g). The other 
    proposed injury criteria performance limits, (i.e., for HIC, chest 
    deflection, and Nij) were easily met in all the tests; for most there 
    was a greater than 20 percent margin of compliance for both the driver 
    and passenger.
        Thus, the tested vehicles with redesigned air bags, ranging widely 
    in vehicle type and size, appear to continue to meet Standard No. 208's 
    48 km/h (30 mph) unbelted rigid barrier test requirements for 50th 
    percentile adult male dummies, many of them by wide margins.
        As to any vehicles that do not meet that test, at this point we 
    simply note that TEA 21 affords lead time before all vehicles must meet 
    whatever tests are incorporated in the final rule to be issued in this 
    rulemaking.
        As to the issue of margin of compliance, we agree that 
    manufacturers need to ensure that all of their vehicles meet a test 
    requirement established by a Federal safety standard. However, we do 
    not agree that this means a 20 percent margin of compliance is 
    necessary. The chest g value is the injury criterion that is most 
    likely to be the limiting factor in certifying to the 48 km/h (30 mph) 
    unbelted rigid barrier test requirements for the 50th percentile adult 
    male dummy. Examination of compliance and certification data for pre-
    redesigned air bags shows that manufacturers often certified vehicles 
    to the requirement with much less than a 20 percent margin of 
    compliance. In fact, margins of compliance for our 48 km/h (30 mph) 
    tests of vehicles with redesigned air bags were not that different from 
    those with pre-redesigned air bags.
        We are not suggesting that every current production vehicle would 
    comply with the unbelted 48 km/h (30 mph) rigid barrier test. Instead, 
    we are pointing out that a wide ranging sample of vehicle types and 
    sizes meet the 48 km/h (30 mph) rigid barrier test, for 50th percentile 
    adult male dummies, with redesigned air bags.
        However, the ultimate issue of this rulemaking is not whether some 
    MY 1998-99 vehicles with redesigned, single-inflation level air bags 
    currently would not meet the 48 km/h (30 mph) unbelted barrier test 
    requirement. As noted above, many of the air bags in current vehicles 
    were not comprehensively redesigned, but are merely older designs of 
    air bags with less power. TEA 21 mandates the issuance of a final rule 
    based on means that include advanced air bag technologies. We believe 
    the selection of future compliance tests under TEA 21 must be made in 
    the context of those technologies, and not in the context of today's 
    less sophisticated one-size-fits-all air bag designs. Today's air bag 
    systems are not advanced air bags and thus do not respond to factors 
    such as crash severity, occupant weight and occupant location. By 
    contrast, the incorporation of advanced technologies would make air bag 
    systems responsive to those factors. If a manufacturer decided to use a 
    somewhat more powerful air bag to meet a 48 km/h (30 mph) unbelted 
    rigid barrier test, or to provide protection in more severe crashes, 
    the manufacturer could use advanced air bag technologies to provide 
    less powerful levels of inflation in lower severity crashes, for 
    smaller occupants, for belted occupants, and for occupants sitting with 
    the seat in the full-forward position. Manufacturers could also reduce 
    aggressivity of air bags by various means such as optimizing fold 
    patterns, different cover designs, lighter fabrics, etc. Advanced 
    technologies would also enable the manufacturer to suppress air bag 
    deployment in appropriate circumstances, such as when children are 
    present.
        As we assess the type and severity level of an unbelted crash test 
    should be included in Standard No. 208, we recognize that we must bear 
    in mind that the issue of the suitability of a unbelted 48 km/h (30 
    mph) rigid barrier test cannot be determined solely based on whether 
    manufacturers can meet that test with redesigned air bags using 50th 
    percentile male dummies. In the NPRM, we proposed not only to return to 
    that test requirement, but also to require vehicles to be certified to 
    several new crash test requirements and new injury criteria performance 
    limits, including tests using 5th percentile adult female dummies in 
    the full forward seat track position, and to requirements to minimize 
    air bag risks. Vehicle manufacturers commented that some of the design 
    options that are available in redesigning their air bags involve 
    potential trade-offs in meeting the different proposed requirements. 
    For example, the optimum size air bag for meeting test requirements for 
    50th percentile adult dummies may make it more difficult to meet 
    requirements for 5th percentile adult female dummies,
    
    [[Page 60577]]
    
    and vice versa. This issue, and the agency's testing of current 
    vehicles to a variety of the proposed test requirements, are discussed 
    later in this notice.
        Proposed alternative unbelted crash tests. In the NPRM, we 
    indicated that while we believe the 48 km/h (30 mph) unbelted rigid 
    barrier test is a good approach, we were also willing to consider 
    alternative unbelted crash tests. The only alternative unbelted crash 
    test advocated by a commenter that could realistically be implemented 
    within the time frame of this rulemaking is the unbelted 56 km/h (35 
    mph) offset deformable barrier test suggested by IIHS. As noted 
    earlier, IIHS stated that this configuration would address not only 
    protection in asymmetric crashes but also some issues of intrusion that 
    are related to restraint system performance, e.g., steering column 
    movement.
        Given the continued debate over what requirements should apply to 
    ensure protection to unbelted occupants, we want to be sure that we 
    have considered and received the benefit of public comments on the 
    various alternative approaches that are available at this time. One 
    approach, of course, is the one we proposed in the NPRM, the unbelted 
    rigid barrier test. We note that some have suggested that, instead of 
    conducting this test at speeds up to 48 km/h (30 mph), we reduce the 
    maximum speed. Ford, for example, suggested in 1995 that we adopt an 
    upper speed of 40 km/h (25 mph). It coupled this suggestion with the 
    further suggestion that the speed of the belted test be increased to 56 
    km/h (35 mph).\20\ In its recent consensus statement, the Alliance has 
    suggested a single speed test (perpendicular impact only) of 40 km/h 
    (25 mph).
    ---------------------------------------------------------------------------
    
        \20\ The agency examined Ford's recommendation in a status 
    report titled ``On the Issue of Testing Air-Bag Equipped Vehicles 
    with and without Belt Restraints at Different Speeds,'' November 2, 
    1995. Originally docketed in the docket (No. 74-14; Notice 97-001) 
    for a request for comments published by the agency November 9, 1995 
    (60 FR 56554); more recently docketed in NHTSA-96-1772-002. In the 
    1995 request for comments, the agency said:
        While NHTSA anticipates that these smart bag systems will 
    substantially minimize adverse side effects of air bags in the not 
    too distant future, this still leaves the question of what can be 
    done in addition to public education for the near future. 
    Manufacturers may be able to make adjustments to existing air bag 
    systems. Further, NHTSA may be able to make temporary adjustments to 
    its regulations if it is shown to be necessary to enable 
    manufacturers to minimize any adverse side effects during this 
    period.
        For example, Ford has requested that NHTSA amend its crash 
    testing procedures in Standard No. 208. The standard currently 
    requires test dummies to be protected in a 30 mile per hour (mph) 
    crash both when wearing safety belts and when not wearing the belts 
    (i.e., protected by the air bag alone). Ford asked that the test 
    speed for the unbelted dummies be lowered to 25 mph, while the test 
    speed for the belted dummies be raised to 35 mph. According to Ford, 
    this change would allow manufacturers to better ``tune'' the 
    interaction between the air bag and the safety belt so as to 
    optimize the protection afforded to occupants who use their belts. 
    Ford stated that the current testing procedure forces manufacturers 
    to base occupant protection designs solely on the air bag, rather 
    than the interaction between the air bag and the belt. Ford believes 
    that such a change can reduce air bag-induced injuries.
    ---------------------------------------------------------------------------
    
        A second possible approach is an unbelted fixed offset deformable 
    barrier test, along the lines suggested by IIHS in its comment on the 
    September 1998 NPRM. While, as discussed above, that organization has 
    recently identified some concerns about that test, we believe an 
    unbelted offset deformable barrier test represents a sufficiently 
    interesting alternative approach to warrant seeking public comment. As 
    to the concern that IIHS recently identified about air bag systems 
    possibly having difficulty distinguishing between the offset test and a 
    low speed crash during the time the decision whether to deploy the air 
    bag must be made, we note that it may be possible to address this 
    potential problem by using advanced sensing systems. That is one of the 
    issues for which we would like to receive public comments. By 
    requesting public comments, we will obtain additional data and views to 
    better enable us to make a thorough evaluation of the merits of 
    including such a test in Standard No. 208.
        For this SNPRM, we are proposing and seeking comments on two 
    alternative unbelted tests. The first alternative is the unbelted rigid 
    barrier test (perpendicular and up to 30 degrees oblique to 
    perpendicular with 50th percentile adult male dummies, but 
    perpendicular only in tests with 5th percentile adult female dummies) 
    with a maximum speed to be established within the range of 40 to 48 km/
    h (25 to 30 mph). As part of this alternative, we are considering the 
    possibility of coupling a lower speed for the unbelted barrier test 
    with a higher speed for the belted barrier test. The second alternative 
    is an unbelted offset deformable barrier test with a maximum speed to 
    be established within the range of 48 to 56 km/h (30 to 35 mph). A 
    vehicle would have to meet the requirements both in tests with the 
    driver side of the vehicle engaged with the barrier and in tests with 
    the passenger side engaged.
        We note that, in considering a range of upper severity levels, the 
    upper severity level could be adjusted by either changing the test 
    speed or applying different injury criteria limits at higher speeds. 
    For example, in our rulemaking to facilitate quick redesign of air 
    bags, in lieu of the sled test, we identified the possibility of 
    maintaining the 48 km/h (30 mph) unbelted rigid barrier test, but 
    relaxing the limit on chest g's. We also note the possibility of 
    specifying relaxed injury criteria performance limits or lower maximum 
    test speeds that would apply during the TEA 21 phase-in period and more 
    stringent ones that would apply thereafter.
        For all of the unbelted crash tests proposed in this document, 
    protection would be required in crashes ranging from a specified 
    minimum speed to a specified highest speed, rather than at all speeds 
    ``up to'' that specified highest speed.
        Under the unbelted rigid barrier test alternative, the agency would 
    not test at a speed of less than 29 km/h (18 mph), and under the 
    unbelted offset deformable barrier test alternative, the agency would 
    not test at a speed of less than 35 km/h (22 mph). (We are proposing a 
    higher minimum test speed for the latter alternative because, for a 
    given speed, it is a less severe test.) This is a departure from the 
    proposal in the NPRM and from prior agency practice. One reason for 
    this change is that we want to be sure that the standard does not push 
    deployment thresholds downward, i.e., cause air bags to be deployed at 
    lower speeds than are appropriate for maximum occupant protection. 
    Commenters indicated that, in order to meet neck injury criteria, air 
    bag deployments might be required at very low speeds, even in crashes 
    with a delta-V lower than 10 mph, particularly with the 5th percentile 
    adult female dummy in the full forward position. While the issue of the 
    most appropriate threshold for air bag deployment is complex, we 
    believe there is a consensus that ``no fire'' thresholds should not be 
    any lower than they are at present. Moreover, neck injuries are not a 
    significant problem in lower speed crashes.
        The proposed high speed unbelted offset deformable barrier test 
    would involve the same crash configuration as we proposed in the NPRM 
    for the up-to-40 km/h (25 mph) belted offset deformable barrier test. 
    Vehicles would have to meet the requirements in tests with both the 
    vehicle and the passenger side of the vehicle engaged. The test would, 
    of course, be conducted at higher speeds, and unbelted 50th percentile 
    adult male dummies and 5th percentile adult female dummies would be 
    used.
    
    [[Page 60578]]
    
        The offset deformable barrier test is used in several ways in 
    different parts of the world. The test has been adopted as a 
    requirement in Europe at a speed of 56 km/h (35 mph), using belted 50th 
    percentile adult male dummies, pursuant to EU Directive 96/79 EC. The 
    test is also conducted in Europe at a higher speed, 64 km/h (40 mph), 
    as part of the European New Car Assessment Program. The Australian New 
    Car Assessment Program conducts the same test at the same speed. IIHS 
    also conducts this test at the same speed, using belted 50th percentile 
    adult male dummies to evaluate the crashworthiness of vehicles. 
    Transport Canada is developing a test procedure using belted 5th 
    percentile adult female dummies at impact speeds up to 40 km/h (25 mph) 
    to evaluate air bag sensor performance and air bag aggressivity.
        While a great deal has been written on the subject of unbelted 
    rigid barrier tests over the years, the high speed unbelted offset 
    deformable barrier test is relatively new. We note that we have been 
    conducting research for several years with the intention of proposing 
    to add a high speed belted frontal offset test to Standard No. 208. For 
    information about this research program, see our Report to Congress, 
    Status Report on Establishing a Federal Motor Vehicle Safety Standard 
    for Frontal Offset Crash Testing, April 1997. This report is available 
    on our web site at http://www.nhtsa.dot.gov/cars/rules/CrashWorthy/
    offrt.html.
        In our Report to Congress, and in the NPRM (63 FR 49958, at 49960), 
    we stated that we were considering adding the European high speed 
    belted frontal offset test to Standard No. 208 as a supplement to the 
    existing tests. We stated in the Report that the Standard No. 208 rigid 
    barrier test is most effective in preventing head and chest injuries 
    and fatalities, but noted that it does not address lower limb and neck 
    injuries.
        We stated further in the Report that while the frontal rigid 
    barrier test of Standard No. 208 does not produce the vehicle intrusion 
    observed in many real world crashes, it does depict those impacts which 
    produce the highest risk of serious to fatal injuries resulting from 
    frontal crashes. We stated that the European frontal test procedure 
    does not address the highest risk of serious to fatal injuries 
    occurring in frontal crashes and that, from our viewpoint, the European 
    test conditions were not acceptable as an alternative to Standard No. 
    208. We stated, however, that adoption of the European test could yield 
    benefits in terms of a reduction in lower limb injuries.
        While our analysis of the European test was made in the context of 
    a belted condition, it nonetheless raises the issue of whether the test 
    is adequately representative of potentially fatal crashes. To address 
    this issue, we have sought to compare the 56 km/h (35 mph) offset 
    deformable barrier crash test recommended by IIHS to a 48 km/h (30 mph) 
    rigid barrier test.
        Among other things, we have conducted 56 km/h (35 mph) offset 
    deformable barrier crash tests on MY 1999 Dodge Intrepid and Toyota 
    Tacoma vehicles. Comparing the crash pulses for these tests with the 
    pulses of 40 and 48 km/h (25 and 30 mph) rigid barrier tests that we 
    also conducted using these vehicles, we can make several observations. 
    For each vehicle, there is a long duration, low magnitude acceleration 
    during the initial phase of the test that is associated with the 
    crushing of the deformable barrier face. After the crushing of the 
    barrier face, the remaining segment of the crash pulse is similar to 
    that for the 40 and 48 km/h (25 and 30 mph) rigid barrier tests, and 
    this portion of the acceleration profile generally would fall in 
    between the pulses for those two rigid barrier tests if adjusted with a 
    time shift.
        A close look at these pulses suggests that, from the perspective of 
    delta-V, the deformable barrier test is approximately equal in severity 
    to a 45 km/h (28 mph) rigid barrier test. This is consistent with a 
    rule of thumb within the research community that the offset test's 
    barrier equivalent velocity is approximately 20 percent less than the 
    impact speed.
        This observation is also supported by findings from our Advanced 
    Frontal Research Program. We provided a number of vehicles tested in 
    both collinear and oblique offset tests to NASS investigators for 
    analysis. The investigators estimated delta Vs that were substantially 
    lower than the impact speeds.\21\ Also, IIHS conducted a similar study 
    and observed similar results,\22\ i.e., the range of delta Vs were 15 
    to 28 percent lower than the impact speeds.
    ---------------------------------------------------------------------------
    
        \21\ Stucki, Sheldon L. and Fessahaie, Osvaldo, ``Comparison of 
    Measured Velocity Change in Frontal Crash Tests to NASS Computed 
    Velocity Change,'' SAE Paper No. 980649, 1991 SAE International 
    Congress and Exposition, Detroit, March 1998.
        \22\ O'Neill, Brian, Preuss, Charles A., and Nolan, James M., 
    Insurance Institute for Highway Safety, ``Relationships Between 
    Computed Delta V and Impact Speeds for Offset Crashes'', Paper No. 
    96-S9-O-11, Proceedings of Fifteenth International Technical 
    Conference on the Enhanced Safety of Vehicles, Melbourne, Australia, 
    May 1996.
    ---------------------------------------------------------------------------
    
        It is important to note that although we estimate 45 km/h (28 mph) 
    as the rigid barrier equivalent speed for the 56 km/h (35 mph) offset 
    deformable barrier test, this does not mean that air bags designed to 
    meet the 56 km/h (35 mph) offset deformable barrier test would provide 
    a level of protection equivalent to that provided by air bags designed 
    to meet a 45 km/h (28 mph) barrier-like crashes.
        When looking at the severity of a crash and its influence on air 
    bag design, delta V is not the only important factor. Another important 
    factor is the time to reach that delta V. The time is important because 
    it affects the speed at which the occupant strikes the interior of the 
    vehicle, i.e., for a given delta V crash, the shorter the time 
    duration, the higher the occupant impact speed.
        As discussed in the test procedures paper, the offset crash test 
    has a long duration deceleration pulse. As a result, occupants in a 
    vehicle involved in such a crash would impact the interior components 
    at lower speeds than occupants who were in a vehicle involved in 
    barrier-like crashes. Because of this aspect of offset crashes, the 
    test procedures paper separates the crash events in NASS and estimates 
    a substantially lower target population for the offset test than for 
    the rigid barrier test.
        The high speed unbelted rigid barrier test and the high speed 
    unbelted offset deformable barrier test are significantly different, 
    and each has potential advantages as compared to the other.
        Among the considerations that are relevant to the high speed 
    unbelted rigid barrier test are the following--
         It involves a stiffer crash, thereby promoting the design 
    of soft frontal structure and deeper air bags that provide more 
    protection against AIS  3, life-threatening, head/chest 
    injuries in higher speed crashes.
         It promotes the design of wider air bags which provide 
    head and chest protection in the angular component of the test.
         It is a well known test condition. It has been part of 
    Standard No. 208 since 1984.
         It may result in more repeatable test results than an 
    offset test would provide. Since the offset test involves striking a 
    soft structure, there may be a chance of air bag sensor timing 
    variability. Variations in air bag sensor timing can lead to variations 
    in occupant kinematics. The rigid barrier test, on the other hand, 
    results in relatively consistent air bag deployment timings.
         The full frontal rigid barrier test represents a vehicle 
    striking a like vehicle.
        Among the considerations that are relevant to the high speed 
    unbelted
    
    [[Page 60579]]
    
    offset deformable barrier test are the following:
         It provides a more challenging test of the vehicle crash 
    sensors. In order to provide optimal protection to the occupant in a 
    crash, the crash sensors need to make a determination of when to fire 
    the air bag as early as possible. However, the challenge in an offset 
    deformable barrier crash test arises from the fact that the engagement 
    of the offset deformable barrier results in a soft crash pulse which 
    needs to be detected by the sensor for the algorithm to make the 
    decision to deploy, and a harder crash pulse later in the event.
         It provides a more challenging test of the vehicle 
    structure. The offset deformable barrier test engages only 40% of the 
    front structure of the vehicle. Therefore, the crush is concentrated on 
    one side and produces more intrusion into the occupant compartment. The 
    full frontal rigid barrier test engages the entire front of the vehicle 
    in a distributed loading pattern.
         It has greater potential for benefits related to injury 
    from intrusion.
         The deformable barrier is known and used in other test 
    configurations. The European offset crash test requirement and the IIHS 
    crashworthiness evaluations are two examples.
         The deformable barrier can be bottomed out by sports 
    utility vehicles and full size pick-up trucks due to their increased 
    mass and stiffness of the structures involved. To the extent that the 
    deformable barrier is bottomed out, it becomes more like an offset 
    rigid barrier test, thereby potentially providing a more severe crash 
    test for larger, heavier vehicles.
         The offset deformable barrier test is not representative 
    of a vehicle-to-vehicle crash. It is perhaps most easily understood by 
    comparing it to a full frontal rigid barrier test and an offset rigid 
    barrier test. An offset rigid barrier test simulates a crash where the 
    entire crash energy is absorbed by the structural members of the struck 
    side. In an offset deformable barrier test, this energy is shared by 
    the barrier and the vehicle structures. Comparing a full frontal rigid 
    barrier test to an offset rigid barrier test conducted at the same 
    speed, there is greater likelihood of intrusion. The crash pulse for 
    the offset rigid barrier test would likely have about the same peak 
    acceleration but a longer time duration. An offset deformable barrier 
    test at the same speed would likely result in a lower peak acceleration 
    and about the same time duration as the rigid offset barrier test.
         Comparing a 35 mph offset test to a 30 mph full frontal 
    rigid barrier test, the peak g's are likely to less in the offset test, 
    and the time duration of the crash pulse is likely to be substantially 
    longer.
        As noted above, the concept of a high speed unbelted offset 
    deformable barrier test is new, so there are very few available data 
    for this test. However, we have tested two vehicles, the MY 1999 Toyota 
    Tacoma and Dodge Intrepid, in unbelted 56 km/h (35 mph) offset tests 
    using both 50th percentile adult male and 5th percentile adult female 
    test dummies. One vehicle, the Tacoma, was able to meet the proposed 
    injury criteria performance limits without difficulty (for both types 
    of dummies and both left and right impacts), while the other vehicle, 
    the Intrepid, had difficulty, particularly with the Nij injury criteria 
    performance limits. Of course, neither of these vehicles was designed 
    with the offset test in mind, so these tests have little relevance to 
    the issue of whether vehicles could satisfy such a requirement.
        Some vehicle manufacturers have expressed concerns about an 
    unbelted high speed offset test. GM has expressed concern about the 
    ability of vehicle sensing systems to be able to sense the soft, 
    deformable barrier face of the offset deformable barrier, and still be 
    able to perform well in real world crashes. According to that company, 
    its review of actual vehicle data traces plotting deceleration over 
    time indicates that the frontal offset barrier impact initially looks 
    much like a low speed crash, where no air bag or just a first stage air 
    bag might be used. Because of this, a sensor system might not recognize 
    until well into the crash that the vehicle is undergoing a higher 
    speed, severe crash. GM believes that if this test were made a part of 
    the standard, manufacturers would either have to design their sensors 
    to fire any time they see a lower speed, soft impact, which would cause 
    more low speed deployments, or design the sensors to optimize for real 
    world crashes and risk failing this performance test in the standard.
        Honda expressed concern about the similarity in pulses between the 
    40 km/h (25 mph) offset deformable barrier and the 56 km/h (35 mph) 
    offset deformable barrier crashes. In an August 26, 1999 comment 
    submitted to the docket, Honda stated that, even though these tests are 
    dissimilar in terms of ultimate severity, the crash pulses looked 
    similar during the initial decision period of up to 30 ms. This in part 
    reflects the fact that the initial phase of the test is measuring the 
    deformation of the soft barrier. According to Honda, the vehicle's 
    analytical system will be unable to discern the crash severity and will 
    not be able to accurately predict what stage to fire, or even whether 
    to fire the air bag in a timely fashion. That company indicated that 
    this may result in poor algorithm design.
        For additional analysis of the two alternative unbelted tests, 
    readers are referred to the aforementioned paper and supplement 
    prepared by our Office of Vehicle Safety Research concerning potential 
    test procedures for Standard No. 208 and to the Preliminary Economic 
    Assessment which accompanies this SNPRM.
        It is important to note that, whatever unbelted test is included in 
    Standard No. 208, manufacturers will be required under the final rule 
    to certify all of their vehicles to a wide variety of new test 
    requirements, and in a very short period of time. The analysis we 
    presented earlier in this document concerning how many vehicles 
    currently appear to meet the 48 km/h (30 mph) unbelted rigid barrier 
    requirements for 50th percentile adult male dummies was intended to 
    address the allegation that a return to the test would prevent 
    continued use of redesigned air bags and require a return to overly 
    aggressive air bags; it did not represent an analysis of how easy it 
    would be to meet that particular test requirement in the context of the 
    overall set of proposed requirements.
        In commenting on the NPRM, vehicle manufacturers indicated that, as 
    they consider various air bag designs, they face trade-offs in meeting 
    different proposed test requirements. For example, the optimum air bag 
    for meeting the unbelted rigid barrier test for the 50th percentile 
    adult male driver dummy would be a large air bag filling the space 
    between the dummy and the steering wheel. This would allow the 
    restraining forces to be imparted earlier in the crash event and exert 
    lower g forces on the occupant to allow optimal ride-down from the 
    crash. A smaller air bag would be optimum for meeting the unbelted 
    perpendicular rigid barrier test for 5th percentile adult female dummy 
    in the full forward seating position, since she is positioned closer to 
    the air bag and has less ride-down space to fill between the dummy and 
    the steering wheel. If an excessively large air bag is used, neck 
    readings for the 5th percentile adult female dummy will increase as the 
    larger air bag pushes the head back. Of course, the smallest possible 
    air bag would be optimum for meeting the proposed low risk deployment 
    tests intended to minimize risks from air bags to out-of-position 
    occupants. However, as air bags shrink,
    
    [[Page 60580]]
    
    so does their ability to provide protection, especially to larger 
    occupants in crashes with potential for serious or fatal injuries. We 
    note that while large air bags may be optimum for meeting the 30 mph 
    unbelted rigid barrier test with 50th percentile adult male dummies, 
    vehicle manufacturers have been able to meet the test with air bags of 
    varying sizes.
        Recognizing the issues associated with the need to meet all of the 
    proposed tests together, we have tested current vehicles under a 
    variety of proposed test procedures. For four of the vehicles for which 
    we conducted a 48 km/h (30 mph) rigid barrier test using unbelted 50th 
    percentile adult male dummies, we also conducted a 48 km/h (30 mph) 
    rigid barrier test using unbelted 5th percentile adult female dummies. 
    For all these tests, it bears emphasizing that these vehicles were not 
    designed to comply with the final rule that will be issued in this 
    rulemaking. Thus, while it is useful to know whether current vehicles 
    already meet the tests, the test failures can tell us only which 
    vehicles need to be redesigned. They do not indicate that vehicles 
    cannot be redesigned in the time provided by TEA 21 to comply with that 
    final rule.
        Three of the four unbelted 5th percentile adult female driver dummy 
    responses in these tests passed all the injury criteria performance 
    limits we are proposing in the SNPRM. (For the same make model 
    vehicles, the 50th percentile adult male driver dummy also passed all 
    the injury criteria performance limits.). In the fourth test, of the MY 
    1999 Dodge Intrepid, the 5th percentile adult female driver dummy 
    failed both the chest displacement and Nij performance limits; however 
    the 50th percentile adult male driver dummy passed all the relevant 
    injury criteria performance limits when tested in the same vehicle.
        Two of the four unbelted 5th percentile adult female passenger 
    dummy responses passed all the injury criteria performance limits. The 
    MY 1999 Dodge Intrepid slightly exceeded the chest g performance limit 
    (with a value of 62.2 g) and the MY 1999 Toyota Tacoma significantly 
    failed to meet the Nij performance limit (with a value of 2.65).
        Two of the four vehicles, the MY 1999 Saturn SL1 and the MY 1998 
    Ford Taurus, however, passed all the injury criteria performance limits 
    for the driver and passenger using both unbelted 5th percentile adult 
    female and unbelted 50th percentile adult male dummies in the rigid 
    barrier crash tests at 48 km/h (30 mph).
        We have also recently conducted rigid barrier tests at 48 km/h (30 
    mph) using belted 50th percentile adult male and belted 5th percentile 
    adult female dummies in MY 1998 and 1999 vehicles. In 18 tests 
    conducted with the belted 50th percentile adult male dummies, the 
    vehicles passed all the proposed injury criteria performance limits for 
    both driver and passenger. In 17 tests conducted with belted 5th 
    percentile adult female dummies, the vehicles passed all the injury 
    criteria performance limits for the passenger dummy; however, the 
    driver dummy exceeded the proposed Nij injury criteria performance 
    limit in approximately 35% of the tests.
        We also conducted static out-of-position tests using the 5th 
    percentile adult female driver dummy and 6-year-old child passenger 
    dummy on six MY 1999 vehicles. The vehicles that were selected were the 
    same as those used in the 48 km/h (30 mph) rigid barrier test with 
    unbelted 50th percentile adult male dummies. (Again, we note that the 
    vehicles were not designed with these test requirements in mind.) Four 
    out of six vehicles, including the MY 1999 Saturn SL1, passed all the 
    static out-of-position test requirements on the driver's side. The 
    remaining two vehicles failed the Nij criteria in Position 1, but 
    passed all the criteria in Position 2.
        With the 6-year-old child dummies on the passenger side, only one 
    vehicle, the MY 1999 Acura RL with a dual stage inflator, met all the 
    proposed injury criteria performance limits in both Position 1 and 
    Position 2 tests. Only the primary stage was fired in the tests.
        Looking at the various tests we have conducted, it appears that the 
    proposed test requirements are achievable by a number of vehicles even 
    though they were not designed to comply with those requirements. These 
    vehicles meet the 48 km/h (30 mph) unbelted barrier test with both 
    unbelted 50th percentile adult male dummies and unbelted 5th percentile 
    adult female dummies, and the driver side out-of-position test, with 
    single level inflators. The MY 1999 Saturn SL1 appears to be such a 
    vehicle.
        Dual level inflators could make it easier to meet the tests. For 
    example, a higher inflation rate could be used for 50th percentile 
    adult males, while a lower inflation rate could be used for 5th 
    percentile adult female drivers with the seat full forward and for 
    child passengers.
        We note that, for the passenger side, a weight sensor or other 
    suppression device might be needed to meet passenger side out-of-
    position requirements for children, even if a dual level inflator is 
    used. Moreover, a weight sensor or other suppression device would 
    likely be needed to meet requirements for rear facing infant seats. 
    However, the use of a weight sensor or other suppression device on the 
    passenger side should not affect the ability of the vehicle to meet the 
    proposed unbelted and belted crash test requirements using 50th 
    percentile adult male dummies and 5th percentile adult female dummies, 
    since the addition of such a device does not affect the characteristics 
    of the air bag itself.
        While the proposed requirements appear to be achievable, the number 
    of failures illustrate that many vehicles will need to be redesigned in 
    a short period of time to meet a highly complex set of new 
    requirements. In many cases, manufacturers will be introducing several 
    new technologies simultaneously: dual level inflators, seat belt 
    sensors, weight/pattern seat sensors, seat track position sensors, more 
    complex algorithms, etc.
        In this context, we recognize that simultaneous implementation of 
    these various proposals for minimizing risk and enhancing protection 
    will necessitate considerable care and effort by the vehicle 
    manufacturers. In a normal rulemaking, we would have broad discretion 
    to adjust the implementation schedule to facilitate initial compliance. 
    In this rulemaking, our discretion to set the schedule for implementing 
    the amendments required by TEA 21 is limited by that Act. Our final 
    rule must provide that the phasing-in of those amendments begins not 
    later than September 1, 2003, and ends not later than September 1, 
    2006.
        However, we believe that nothing in TEA 21 derogates our inherent 
    authority to make temporary adjustments in the requirements we adopt 
    if, in our judgment, such adjustments are necessary or prudent to 
    promote the smooth and effective achievement of the goals of the 
    amendments. For example, adjustments could be made to test speeds or 
    injury criteria. One possibility would be to issue a final rule 
    temporarily reducing the maximum speed for the unbelted rigid barrier 
    test to 40 km/h (25 mph) (or some other speed, e.g., 44 km/h (27.5 
    mph)) and then increasing it to 48 km/h (30 mph) after an appropriate 
    period of time, e.g., after the TEA 21 phase-in. Another possibility 
    would be to temporarily permit relaxed injury criteria performance 
    limits (e.g., 72 g chest acceleration limit instead of 60 g chest 
    acceleration limit) in unbelted rigid barrier tests between 25 mph and 
    30 mph.
    
    [[Page 60581]]
    
        This document seeks comment on still another possibility for the 
    final rule: permanently reducing the unbelted rigid barrier test speed 
    to 40 km/h (25 mph) and temporarily leaving the belted rigid barrier 
    test speed at 48 km/h (30 mph). Under the final rule, the latter test 
    speed would later, sometime after the TEA 21 phase-in schedule, 
    increase to 56 km/h (35 mph).\23\
    ---------------------------------------------------------------------------
    
        \23\ We recognize that this alternative would increase the test 
    speed of the belted test to the level of the belted test currently 
    conducted under NHTSA's NCAP program. If this alternative were 
    chosen, NHTSA contemplates retaining the current NCAP test speed 
    through the end of the TEA 21 phase-in period. The agency would then 
    review that NCAP test.
    ---------------------------------------------------------------------------
    
        We note that we have previously considered, in rulemaking, a 40 km/
    h (25 mph) maximum speed for the unbelted rigid barrier test. However, 
    we considered this issue in the context of Standard No. 208's historic 
    requirements, i.e., testing only with 50th percentile adult male 
    dummies and the old injury criteria, which did not include neck 
    criteria.
        Fifteen years ago, in our rulemaking establishing automatic 
    protection requirements, GM advocated a 40 km/h (25 mph) unbelted rigid 
    barrier test to facilitate passive interiors, i.e., building in safety 
    by improving such things as the steering columns and padding. At that 
    time, GM believed passive interiors would be better than automatic 
    restraints, i.e., air bags or automatic seat belts.
        Based on available test data, we concluded that it was generally 
    evident that it was within the state-of-the art to pass Standard No. 
    208's head and chest injury criteria at 40 km/h (25 mph) with unbelted 
    50th percentile adult male dummies without air bags. We stated that we 
    had virtually no data on what diminution in safety would occur if the 
    lower standard were used and that there was no basis for making such a 
    change. See final rule published in the Federal Register (49 FR 28962, 
    28995; July 17, 1984).
        We also note that, for the vehicles we recently tested at 48 km/h 
    (30 mph) for this rulemaking, we also tested a small subset at 40 km/h 
    (25 mph) with unbelted 50th percentile male driver and passenger 
    dummies. In the three tests, the vehicles passed all the proposed 
    driver and passenger injury criteria performance limits with one 
    exception involving a model year 1999 Toyota Tacoma. The passenger 
    dummy exceeded the proposed Nij limit in this test. We also conducted 
    two 40 km/h (25 mph) rigid barrier crash tests with unbelted 5th 
    percentile adult female driver and passenger dummies. Again, the 
    vehicles passed all the proposed driver and passenger injury criteria 
    performance limits with one exception involving the model year 1999 
    Toyota Tacoma. Again, the passenger dummy exceeded the proposed Nij 
    limit on the passenger side.
        In light of the fact that vehicle manufacturers are now 
    recommending an unbelted rigid barrier crash test alternative that 
    omits the oblique tests, we also note that we addressed the possibility 
    of eliminating the unbelted oblique tests in the aftermath of that same 
    rulemaking. See NPRM published in the Federal Register (50 FR 14589, 
    14592-14594) on April 12, 1985, and final rule published in the Federal 
    Register (51 FR 9800, 9801-9802) on March 21, 1986.
        We decided to retain the oblique tests in that rulemaking. We noted 
    that although oblique tests generally produce lower injury levels, they 
    do not consistently produce that result. We also expressed concern that 
    air bags that only need to meet a perpendicular impact could be made 
    much smaller. We stated that, in such a case, in an oblique crash, an 
    unbelted occupant could roll off the smaller bag and strike the A-
    pillar or instrument panel.
        We welcome comments on how we should consider our past decisions 
    and the rationales underlying them in this current rulemaking.
        We note that while we are seeking comments on alternative unbelted 
    tests, including alternative speeds and injury criteria, we plan to 
    adopt a single unbelted test or set of unbelted tests for the final 
    rule. That is, we do not plan to provide a manufacturer option in this 
    area. Depending on the comments, we may adopt some combination of the 
    tests discussed above.
        To help us reach a decision on what unbelted test requirements 
    should be included in Standard No. 208, we request commenters to 
    address the following questions:
        1. How do the two proposed alternative unbelted crash tests compare 
    in representing the range of frontal crashes which have a potential to 
    cause serious injuries or fatalities? Please answer this separately for 
    the low and high end of the proposed range of upper speeds for each 
    alternative, i.e., 40 and 48 km/h (25 and 30 mph) for the unbelted 
    rigid barrier test and 48 and 56 km/h (30 mph and 35 mph) for the 
    unbelted offset deformable barrier test. In answering this question, 
    please consider the entire range of tests incorporated into each 
    alternative. Please specifically address representativeness with 
    respect to (a) crash pulses, (b) crash severities, and (c) occupant 
    positioning, and provide separate answers for crashes likely to cause 
    fatalities and crashes likely to cause serious but not fatal injuries.
        2. How do the two alternatives compare with respect to 
    repeatability, reproducibility, objectivity, and practicability issues?
        3. What effects would each of the alternative types of unbelted 
    tests and each of the alternative maximum test speeds discussed in this 
    SNPRM have on air bag design, performance, risks and benefits, and on 
    amount of depowering permitted? Answers should focus particularly on 
    unbelted 40 km/h (25 mph)/belted 56 km/h (35 mph) versus unbelted 48 
    km/h (30 mph)/belted 48 km/h (30 mph), and on unbelted 56 km/h (35 
    mph)offset/belted 48 km/h (30 mph) versus unbelted 48 km/h (30 mph)/
    belted 48 km/h (30 mph). To what extent can it be concluded that a 
    countermeasure needed to meet each alternative would ensure protection 
    in frontal crashes not directly represented by the tests included in 
    that alternative, e.g., crashes with different pulses (harder or 
    softer) or different severities (more severe or less severe)? Please 
    quantify, to the extent possible, the amount of protection that would 
    be ensured in other types of crashes, i.e., what the injury criteria 
    measurements would be. Please address whether and how the answer to 
    this question would differ for the low and high end of the proposed 
    range of upper speeds for each alternative.
        4. To what extent would current air bag systems (or air bag systems 
    being developed for near-term application) have difficulty 
    distinguishing between a high speed offset deformable barrier test and 
    a low speed crash during the time the decision whether to deploy the 
    air bag must be made? What technological solutions, e.g., advanced 
    sensing systems (including use of satellite sensors and improved 
    algorithms) are available to address this potential problem? How should 
    we consider this issue in selecting among the available unbelted crash 
    test alternatives?
        5. One reason for adopting a test requirement that is less 
    stringent than another during the TEA 21 phase-in period would be to 
    provide an extra margin of flexibility and facilitate compliance during 
    the time vehicle manufacturers are introducing advanced air bags 
    incorporating multiple new technologies. An example of such an approach 
    would be the phase-in sequence described above in which the final rule 
    would provide that the maximum speed for the unbelted rigid barrier 
    test would initially be 40 km/h
    
    [[Page 60582]]
    
    (25 mph) (or some other speed) and then increase to 48 km/h (30 mph) 
    after an appropriate fixed period of time. If we were to adopt a less 
    stringent test requirement for an initial period, how long should that 
    period be and why?
        6. What factors should we consider in selecting a maximum speed for 
    the two alternatives?
        7. The severity of a crash test requirement could be adjusted 
    either by reducing the maximum speed at which the test is conducted or 
    by leaving the maximum speed unchanged, but relaxing the injury 
    criteria performance limits for the tests that are conducted near the 
    upper end of the range of test speeds. For example, if we were to 
    reduce temporarily the severity of the unbelted up-to-48 km/h (30 mph) 
    rigid barrier test, one possible way of doing this would be to reduce 
    the stringency of the injury criteria performance limits between 40 km/
    h (25 mph) (or some other speed) and 48 km/h (30 mph). While this could 
    provide significant increased flexibility to vehicle manufacturers, it 
    could still address the issue of protection in higher speed crashes. 
    Also, certification and compliance test data could be directly compared 
    to that obtained in 48 km/h (30 mph) rigid barrier crash tests over 
    many years. We specifically request comments on this approach and what 
    injury criteria performance limits would be appropriate if we were to 
    adopt it.
        8. Should we consider combining aspects from each of the two 
    unbelted alternatives? For example, the unbelted rigid barrier test 
    alternative includes both perpendicular and angle tests. A variation on 
    this approach might be to retain the perpendicular test, but replace 
    the angle tests with offset deformable barrier tests. We request 
    comments on this or any other possible ways of combining aspects from 
    the two unbelted alternatives.
        9. Given the existing and anticipated advanced air bag 
    technologies, to what extent is it necessary, and why, to link 
    decisions about improving protection to decisions about minimizing the 
    risks? What portion of those risks would remain after full use of 
    existing and anticipated advanced air bag technologies?
        10. If it is believed that a return to the 48 km/h (30 mph) 
    unbelted barrier test would necessitate an increase in the power of any 
    vehicle's air bags, indicate which models would need air bags with 
    increased power and indicate the potential amount of increase. Explain 
    how the amount of needed increase was determined and the effects on 
    safety of such an increase.
        11. To what extent could non-air bag changes, such as improved 
    crush zones, be used to avoid any increases in air bag aggressivity if 
    there were a return to the 48 km/h (30 mph) unbelted barrier test? To 
    what extent can advanced features such as improved fold patterns, 
    lighter fabrics and recessed air bag modules be used to offset, or more 
    than offset, any increases in power so that those increases do not 
    result in increased air bag aggressivity?
        12. To what extent could the various types of static suppression be 
    used to reduce the risk to children? In what circumstances would such 
    suppression not minimize risk? To what extent could the lower level of 
    dual-level inflators be linked with sensors of such factors as crash 
    severity, seat position, belt use and weight/pattern be used to reduce 
    the risk to drivers who adjust their seats full forward or nearly full 
    forward? In what circumstances would such technology not minimize risk? 
    If there would be residual risk to children or to those drivers after 
    the use of those technologies, what is the magnitude of that risk? To 
    what extent would that residual risk be affected by the decision 
    regarding an unbelted test requirement?
        13. To what extent does each vehicle manufacturer plan to take full 
    advantage, across their vehicle fleets, of the advanced air bag and 
    other technologies mentioned in questions 11 and 12 above?
        14. Given that available test data indicate that some vehicles 
    already meet or exceed the injury criteria for 50th percentile male 
    dummies in unbelted 48 km/h (30 mph) tests, explain why those margins 
    of compliance cannot be increased in the time provided by the TEA 21 
    schedule and why other vehicles cannot be designed to achieve similar 
    margins of compliance.
        15. Provide test data and analysis to support the answers to 
    questions 1-14.
        16. To what extent do available test data regarding advanced air 
    bag technologies support the appropriateness of or need for each of the 
    alternative types unbelted tests and each of the alternative maximum 
    test speeds discussed in this SNPRM? Answers should focus particularly 
    on unbelted 40 km/h (25 mph)/belted 56 km/h (35 mph) versus unbelted 48 
    km/h (30 mph)/belted 48 km/h (30 mph), and on unbelted 56 km/h (35 
    mph)offset/belted 48 km/h (30 mph) versus unbelted 48 km/h (30 mph)/
    belted 48 km/h (30 mph).
        17. What lead time would be needed for a 56 km/h (35 mph) belted 
    rigid barrier test requirement?
    
    ii. Proposed Array of Crash Test Requirements.
    
        As noted earlier, vehicle manufacturers argued that some of the 
    crash test requirements we proposed in the NPRM were redundant, given 
    the other tests. In developing this SNPRM, we have carefully considered 
    whether we could reduce the number of proposed tests without 
    significantly affecting the benefits of the NPRM. Using the methodology 
    for counting tests discussed earlier in this document, we are proposing 
    a total of nine crash tests instead of 14.
        The specific nine tests differ, of course, depending on which 
    alternative unbelted tests are included.
        The set of nine tests which includes the unbelted rigid barrier 
    test includes the following tests:
    
    --belted rigid barrier test (perpendicular and up to  30 
    degrees) using 50th percentile adult male dummies (counts as three 
    tests: one at +30 degrees, one perpendicular, and one at -30 degrees);
    --belted rigid barrier test (perpendicular only) using 5th percentile 
    adult female dummies;
    --unbelted rigid barrier test using 50th percentile adult male dummies 
    (counts as three tests);
    --unbelted rigid barrier test (perpendicular only) using 5th percentile 
    adult female dummies; and
    --belted up-to-40 km/h (25 mph) offset deformable barrier test (driver 
    side of the vehicle engaged with the barrier) using 5th percentile 
    adult female dummies.
    
        This set of proposed tests eliminates five tests that were included 
    in the NPRM. First, for both the belted and unbelted rigid barrier 
    tests, we are proposing to test the 5th percentile adult female dummy 
    in the perpendicular test only, i.e., not in oblique tests. This would 
    eliminate four tests.
        In many cases, crash tests become less stringent as dummies become 
    lighter and/or closer to the air bag. However, this is not true if the 
    dummy is so close that it contacts the air bag early in the deployment 
    process. For the rigid barrier test using 5th percentile adult female 
    dummies, the condition in which this would most likely occur is in a 
    perpendicular impact. Therefore, we believe that the perpendicular 
    tests (belted and unbelted) would address this concern. We also believe 
    that, if the vehicle can pass the perpendicular test with 5th 
    percentile female dummies and the oblique tests with 50th percentile 
    adult male dummies, it will also pass
    
    [[Page 60583]]
    
    the oblique tests using 5th percentile adult female dummies.
        The primary function of the oblique test is to assure a wide air 
    bag. The 50th percentile adult male dummy presents a greater challenge 
    than the 5th percentile adult female dummy does in such a test. Thus, 
    the oblique tests with the 5th percentile adult female dummy would add 
    test costs without providing additional safety benefits.
        Second, for the belted up-to-40 km/h (25 mph) offset deformable 
    barrier test, we are proposing that the test be conducted only with the 
    driver side of the vehicle engaged with the barrier. This would 
    eliminate one additional test. We believe that testing the vehicle on 
    the driver side only would be a sufficient means of testing air bag 
    sensing systems.
        We note, by contrast, that we believe it would be necessary to test 
    the vehicle with each side of the vehicle engaged if we adopted the 
    unbelted high speed offset deformable barrier test instead of the 
    unbelted rigid barrier test to ensure that the air bags are wide enough 
    to provide protection for occupants that move forward in a direction 
    that is either to the right or left of perpendicular.
        The set of nine tests which includes the unbelted high speed offset 
    deformable barrier test includes the following tests:
    
    --belted rigid barrier test (perpendicular and  30 degrees) 
    using 50th percentile adult male dummies (counts as three tests);
    --belted rigid barrier test (perpendicular only) using 5th percentile 
    adult female dummies;
    --unbelted offset deformable barrier test (driver and passenger sides 
    of vehicle engaging the barrier) using 50th percentile adult male 
    dummies (counts as two tests);
    --unbelted offset deformable barrier test (driver and passenger sides 
    of vehicle engaging the barrier) using 5th percentile adult female 
    dummies (counts as two tests); and
    --belted up-to-40 km/h (25 mph) offset deformable barrier test (driver 
    side of the vehicle engaged with the barrier) using 5th percentile 
    adult female dummies.
    
        In the NPRM, we proposed specifications for the deformable barrier 
    to be used in offset deformable barrier tests. The specifications for 
    this barrier would be included in Part 587. We are not republishing the 
    specifications in this SNPRM but expect to proceed to a final rule in a 
    separate document. We do not expect any significant changes from the 
    NPRM.
        We also proposed in the NPRM to include, for all crash tests 
    specified by the standard, certain vehicle integrity requirements. The 
    proposal specified that vehicle doors may not open during the crash 
    test and that, after the crash test, it must be possible for 
    technicians to open the doors and move the seats as necessary to allow 
    evacuation of all occupants.
        Several commenters raised concerns about these proposed 
    requirements, including ones relating to objectivity. After considering 
    the comments, we have decided to drop these requirements from the 
    SNPRM.
        While we believe it is important for doors to remain closed during 
    crashes, and for occupants to be extricated from a vehicle after a 
    crash, we believe that significant additional development of the 
    proposed test procedures would be necessary for a final rule. Moreover, 
    we believe this subject is sufficiently distinct from advanced air bags 
    so as to best be considered in other contexts, particularly with the 
    need for us to issue a final rule on advanced air bags by March 1, 
    2000.
    
    iii. Location and Seating Procedure for 5th Percentile Adult Female 
    Dummy
    
        A seating procedure for the 5th percentile adult female test dummy 
    is detailed in section S16 of the proposed regulatory text. The 
    procedure takes into account two separate concerns. The first issue is 
    where to place the vehicle seat during testing; the second issue is how 
    to place the dummy in the vehicle seat.
        From the outset, crash tests with 50th percentile adult male 
    dummies have been conducted with the seat in the middle seat track 
    position. We do not propose to change that provision. However, we have 
    proposed in the NPRM and this SNPRM to conduct tests with 5th 
    percentile adult female dummies with both the driver and passenger 
    seats in the full forward position. We believe that this is the most 
    vulnerable position for occupants in the real world and is also the 
    most demanding for the occupant protection system. Individual drivers 
    who are approximately the size of the 5th percentile adult female dummy 
    are the most likely, because of their size, to sit farther forward than 
    the middle seat track position and are more likely than larger drivers 
    to use the full forward position. Occupants of any size may 
    occasionally use that seat position on the passenger side, depending on 
    the passenger or cargo space needs in the back seat. As a general 
    principle, we believe that people should be able to safely use a seat 
    as it was designed to be used.
        If manufacturers find they cannot provide protection to individuals 
    properly positioned in the forward track position, they have the option 
    of moving that position back, particularly on the passenger side. With 
    respect to the driver side, manufacturers might have to make other 
    adjustments to the vehicle, such as providing adjustable pedals, that 
    would allow small-statured drivers to operate the vehicle.
        Nevertheless, we are aware that the placement of the 5th percentile 
    adult female dummy in the full forward position tests the occupant 
    restraint system under a condition that may rarely occur in the real 
    world. The University of Michigan Transportation Research Institute 
    (UMTRI) has found that drivers who are approximately the same size as 
    the 5th percentile adult female dummy generally do not sit in the full 
    forward seat track position. Other commenters have stated that the 
    front passenger seat would never need to be placed in the full forward 
    position due to occupant size. Rather, placement of the passenger seat 
    in that track position would only occur on those rare occasions when 
    the entire space in the back seat was needed for cargo or other 
    purposes.
        Another concern is whether, in order to meet tests for conditions 
    that rarely occur in the real world, manufacturers might select air bag 
    designs that offer reduced fatality-reducing protection for conditions 
    that are more common.
        We also note that, under our proposal, the 5th percentile adult 
    female dummy would also be tested on the driver side in two out-of-
    position tests that place the dummy directly on the air bag module. 
    While this would not ensure protection in a high speed crash, it would 
    ensure that the air bag does not cause harm.
        Accordingly, we are interested in comments on whether testing the 
    5th percentile adult female dummy with the seat position in something 
    other than the full forward seat track position would adequately 
    protect properly-seated individuals of all sizes while potentially 
    allowing more design freedom.
        The proposed seating procedure was developed considering the work 
    performed by the SAE Hybrid III 5th Seating Procedure Task Group and by 
    NHTSA's Vehicle Research and Test Center (VRTC). The 50th percentile 
    Hybrid III adult male dummy is the only dummy currently used for 
    Standard No. 208 compliance crash testing. For that testing, the dummy 
    is positioned according to S10 of the standard. As part of that 
    procedure, the H-point of the dummy is located using the manikin
    
    [[Page 60584]]
    
    and procedures in SAE Standard J826.\24\ For the 5th percentile adult 
    female dummy, the SAE task group is currently voting and commenting on 
    the acceptability of a procedure that uses an SAE Standard J826 50th 
    percentile adult male manikin with reduced length legs to locate the H-
    point of the 5th percentile adult female dummy. Then a dummy 
    positioning procedure is used to place the female dummy at the H-point 
    located by the modified manikin. It is unknown when this procedure will 
    be completed.
    ---------------------------------------------------------------------------
    
        \24\ The following dockets discussed the use of the J826 manikin 
    for the 50th percentile adult male dummy.
        1. 74-14-Notice 39: NPRM to amend Part 572, allowing optional 
    use of Hybrid II or III, sunset for use of Hybrid II.
        2. 74-14-Notice 45: Final Rule adopting Hybrid III.
    ---------------------------------------------------------------------------
    
        Given the absence of an SAE-accepted seating procedure for the 5th 
    percentile adult female dummy, we decided to perform some of our own 
    positioning tests so that a 5th percentile adult female procedure would 
    be available for this rule. VRTC positioned a 5th percentile adult 
    female dummy several times in various vehicles using a positioning 
    procedure without intermediate seating devices. The H-point location 
    was measured and the variation in H-point location between repeats was 
    reviewed. Then the 5th percentile adult female prototype manikin 
    (supplied by Ford Motor Company) was used to locate the H-point with 
    respect to the seat. The variation in H-point location between repeats 
    was reviewed.
        The procedures demonstrated that the location of the H-point of the 
    5th percentile adult female dummy and the H-point of the 5th percentile 
    adult female prototype manikin with respect to the seat were very 
    similar. Longitudinally, the difference in the average ``H'' point 
    location between the dummy and the manikin varied from 1 mm to 17 mm 
    (0.04 in. to 0.67 in.). Vertically, the comparable figures were 4 mm to 
    10 mm (0.16 in. to 0.41 in.). Since there was little difference between 
    the two methods, the extra step of using the manikin to determine the 
    H-point location was found to be unnecessary. In addition, there is no 
    guarantee of when the 5th percentile adult female manikin would be 
    available and accepted for use by the safety community. Therefore, VRTC 
    developed the procedures that are in section S16 of the proposed rule.
        We believe it would be appropriate to use the manikin procedure for 
    the 50th percentile adult male dummy and not for the 5th percentile 
    adult female dummy. The 50th percentile adult male dummy (78 kg (171 
    pounds)) is 28 kg (63 pounds) heavier than the 5th percentile adult 
    female (49 kg (108 pounds)) and therefore much more difficult to 
    maneuver into position. The 50th percentile adult male manikin H-point 
    provides a specific target for this heavy dummy so that it can be 
    positioned in the seat. The lighter 5th percentile adult female dummy 
    does not need this target. In addition, the 5th percentile adult female 
    buttocks profile may fit differently into a highly curved fitted seat 
    than the 50th percentile adult male dummy and therefore the use of the 
    50th percentile adult manikin for the 5th percentile adult female dummy 
    seating procedure may cause more variability in dummy positioning. Thus 
    we believe the proposed non-manikin procedure makes it easier to 
    repeatedly position the 5th percentile adult female dummy.
    2. Tests for Requirements To Minimize the Risk to Infants, Children and 
    Other Occupants From Injuries and Deaths Caused by Air Bags
        a. Safety of Infants.
        Infants in rear-facing child safety seats (RFCSS) are at 
    significant risk from deploying air bags, since the rear facing 
    orientation of the child seat places their heads extremely close to the 
    air bag cover. This is why we emphasize that infants in RFCSS must 
    never be placed in the front seat unless the air bag is turned off.
        In the NPRM, in order to address the risks air bags pose to infants 
    in RFCSS, we proposed two alternative test requirements, the selection 
    of which would be at the option of the manufacturer. The two 
    manufacturer options were: (1) test requirements for an automatic air 
    bag suppression feature or (2) test requirements for low-risk 
    deployment involving deployment of the air bag in the presence of a 12-
    month old Child Restraint Air Bag Interaction (CRABI) dummy in a RFCSS.
        Under the NPRM, if the automatic suppression feature option were 
    selected, the air bag would need to be suppressed during several static 
    tests using, in the right front passenger seat, a 12 month old child 
    dummy in a RFCSS, and also during rough road tests. The RFCSS would be 
    placed in a variety of different positions during the static tests. In 
    order to ensure that the suppression feature did not inappropriately 
    suppress the air bag for small-statured adults, the air bag would need 
    to be activated during several static tests using a 5th percentile 
    adult female dummy in the right front passenger seat, and also during 
    rough road tests using that dummy.
        If the low risk deployment option were selected, a vehicle would be 
    required to meet specified injury criteria when the passenger air bag 
    is deployed in the presence of a 12 month old child dummy placed in a 
    RFCSS. In the case of air bags with multiple inflation levels, the 
    injury criteria would need to be met for all levels.
        For our SNPRM, we are proposing the same two basic options, but 
    with several changes.
        First, under the NPRM, manufacturers would have been required to 
    assure compliance in tests using any child restraint capable of being 
    used in the rear facing position which was manufactured for sale in the 
    United States between two years and ten years prior to the date the 
    first vehicle of the MY carline of which the vehicle is a part was 
    first offered for sale to a consumer. For our SNPRM, manufacturers 
    would be required to assure compliance using any child restraint 
    included in a list of representative child restraints that we are 
    proposing to add as an appendix to Standard No. 208. The list would be 
    periodically updated to reflect changes in the types and designs of 
    available child restraints. We believe this approach addresses the 
    practicability and cost concerns raised by commenters but still ensures 
    that vehicle manufacturers take account of the variety of different 
    RFCSS as they design their systems. The issue of how we selected the 
    proposed list of child restraints is discussed later in this notice.
        Second, our SNPRM drops the proposed rough road tests. We proposed 
    those tests to address the possibility that some types of automatic 
    suppression features, e.g., weight sensors, might be ``fooled'' by 
    occupant movement associated with riding on rough roads. The proposed 
    tests were intended to ensure such devices were designed so they do not 
    turn on the air bag in the presence of a small child who is bouncing as 
    a result of riding on a rough road, and so that they do not turn off 
    the air bag in the presence of a small-statured adult who is bouncing 
    as a result of riding on a rough road.
        After considering the comments, we have tentatively concluded that 
    it is not necessary to include rough road tests in Standard No. 208. As 
    we have discussed in other areas, in the context of a statutory scheme 
    requiring us to issue performance requirements (as opposed to one 
    requiring design requirements or government approval), it is neither 
    appropriate nor possible for us to
    
    [[Page 60585]]
    
    address every real world variable that can affect safety. Ultimately, 
    the vehicle manufacturers must be expected to design their vehicles not 
    only so they meet the performance requirements specified by the Federal 
    motor vehicle safety standards, but also in light of the full range of 
    real world conditions their vehicles will experience.
        We believe rough road performance is an area that vehicle 
    manufacturers will consider and address in the absence of Federal 
    requirements. We also note that a number of technical issues have been 
    raised about the proposed rough road tests, including how to keep 
    dummies from falling over during the tests. We do not believe it would 
    be a good use of agency resources at this time to make further efforts 
    to develop test procedures in this area. If necessary, failures to 
    assure adequate air bag performance in the rough road context could be 
    addressed under our authority to investigate safety-related defects.
        Third, for the proposed static tests that must result in 
    deactivation of the passenger air bag, we have reduced the number of 
    positions in which the infant dummy/child seat is tested from seven to 
    five. Our proposal adds one new position, where the RFCSS is oriented 
    so that the infant faces forward and the seat is then tipped against 
    the instrument panel. This is a position that could occur as a result 
    of pre-impact braking if the RFCSS is not secured by the vehicle belt 
    system. We have dropped four of the positions proposed in the NPRM in 
    order to reduce test complexity and costs. We believe that systems that 
    would be suppressed at the five proposed positions would also be 
    suppressed at the other positions.
        Fourth, for the tests designed to ensure that the suppression 
    feature does not inappropriately suppress the air bag for small 
    statured adults, human beings could be used in the place of 5th 
    percentile adult female dummies. The subject of permitting human beings 
    to be used in place of dummies for certain static tests is discussed in 
    the next section.
        Fifth, we have made a change with respect to how air bags with 
    multiple inflation levels would be tested for the low risk deployment 
    test. As indicated above, we proposed in the NPRM to require injury 
    criteria to be met for all levels of inflation. This reflected the fact 
    that a child in a RFCSS would be extremely close to the passenger air 
    bag in any crash.
        We have not changed our basic philosophy on this issue, but want to 
    address the possibility that vehicles might be designed so that only a 
    lower inflation level deploys in the presence of a RFCSS, regardless of 
    crash severity. To address this possibility, we are proposing in this 
    SNPRM to require injury criteria to be met for any stage or combination 
    of stages which may deploy in the presence of an infant in a RFCSS in a 
    rigid barrier crash test at speeds up to 64 km/h (40 mph). We believe 
    that all stages of inflation that would deploy in the presence of a 
    RFCSS would be encompassed in crash tests at that range of severity 
    levels.
        b. Safety of Young Children.
        Young children are at special risk from air bags because, when 
    unbelted, they are easily propelled close to the air bag as a result of 
    pre-crash braking. Their small size and weight also makes them more 
    vulnerable to injury when interacting with a deploying air bag. We 
    strongly recommend that young children ride in the back seat, because 
    the back seat is safer whether or not a vehicle has air bags.
        In the NPRM, in order to address the risks air bags pose to young 
    children who do ride in the front seat, we proposed requirements using 
    both 3-year old and 6-year old child dummies. We proposed four 
    alternative test requirements, the selection of which would be at the 
    option of the manufacturer. Manufacturers could select different 
    options for the 3-year-old and 6-year-old dummies.
        The four manufacturer options were: (1) test requirements for an 
    air bag suppression feature that suppresses the air bag when a child is 
    present, e.g., a weight or size sensor, (2) test requirements for an 
    air bag suppression feature that suppresses the air bag when an 
    occupant is out of position, (3) test requirements for low risk 
    deployment involving deployment of the air bag in the presence of out-
    of-position 3-year old and 6-year-old child dummies, or (4) full scale 
    dynamic out-of-position test requirements, which include pre-impact 
    braking as part of the test procedure.
        Our SNPRM follows the same basic approach as the NPRM, but with 
    several differences.
        Most significantly, the number and type of manufacturer options are 
    changed somewhat. Our SNPRM continues to include, with certain changes, 
    the first and third of the options listed above, i.e., test 
    requirements for an air bag suppression feature that suppresses the air 
    bag when a child is present, e.g., a weight or size sensor, and test 
    requirements for low risk deployment involving deployment of the air 
    bag in the presence of out-of-position 3-year-old and 6-year-old child 
    dummies.
        Our SNPRM also includes the second option, test requirements for an 
    air bag suppression feature that suppresses the air bag when an 
    occupant is out-of-position, but with major changes. The fourth option, 
    testing with dynamic pre-crash braking, has been dropped from this 
    rulemaking.
        In the sections which follow, we discuss the three options we are 
    including in this SNPRM, as well as our reasons for any significant 
    changes and for dropping the fourth option.
        Requirements for an air bag suppression feature (e.g., weight or 
    size sensor) that suppresses the air bag when a child is present. As 
    discussed in the NPRM, these requirements would be very similar to 
    those being proposed with respect to a suppression feature for infants 
    in RFCSS. Under the NPRM, if this option were selected, the air bag 
    would need to be deactivated during several static tests using, in the 
    right front passenger seat, a 3-year-old or 6-year-old child dummy and 
    also during rough road tests. The child dummy would be placed in a 
    variety of different positions during the static tests. Some of the 
    positions specify placing the dummy in a forward-facing child seat or 
    booster seat. The air bag would be required to be activated during 
    specified tests using a 5th percentile adult female dummy.
        For the SNPRM, we have made a number of changes similar to those 
    discussed above with respect to a suppression feature for infants in 
    RFCSS. In particular:
         Instead of requiring manufacturers to assure compliance in 
    tests using any child restraint which was manufactured for sale in the 
    United States for a specified number of years prior to manufacture, we 
    would require them to assure compliance using any child restraint 
    included in a list of representative child restraints that we are 
    proposing to add as an appendix to Standard No. 208.
         We are dropping the proposed rough road tests.
         For the proposed static tests which must result in 
    deactivation of the passenger air bag, we have reduced the number of 
    positions in which the child dummy or child dummy/child seat are 
    tested. For the three-year-old child dummy, the number of positions is 
    reduced from 17 to 10. For the six-year-old child dummy, the number of 
    positions is reduced from nine to six. We believe that systems that 
    would be suppressed at the proposed positions would also be suppressed 
    at the other positions.
        We are also proposing to allow manufacturers to comply with and 
    certify to these suppression requirements using children, instead of
    
    [[Page 60586]]
    
    3-year-old and 6-year-old child dummies. Adult females could also be 
    used in the place of 5th percentile adult female dummies for the 
    portions of those test requirements which make sure that the air bag is 
    activated for adults.
        We are proposing to permit manufacturers to use human beings in 
    light of concerns that current dummies may not be sufficiently human-
    like to be recognized by some of the advanced technologies under 
    development. For example, suppression devices that work by sensing the 
    distributed weight pattern of a human being may not recognize the 
    pattern of a test dummy. If a manufacturer selects this option, the 
    requirements would need to be met at each of the relevant positions for 
    any human being within a specified weight/height range for 3-year-old 
    and 6-year-old children and 5th percentile adult females.
        It is important to emphasize that these tests simply involve a 
    child or adult assuming specified positions in the vehicle, with a 
    technician checking (typically by looking at a light) whether the air 
    bag would be activated or deactivated; these tests do not involve 
    deploying the air bag or moving the vehicle. To ensure absolute safety, 
    we are proposing to require manufacturers selecting this option to 
    provide a method to assure that the air bag will not activate during 
    testing; such assurance may be made by removal of the air bag. The 
    manufacturer would also be required to provide a method to assure that 
    the same test results would be obtained if the air bag had not been 
    deactivated or removed.
        Test requirements for a feature that suppresses the air bag when a 
    child is out-of-position. As discussed in the NPRM, we believe that a 
    feature that suppresses the air bag when an occupant is out-of-
    position, either initially or because of moving into such a location 
    during pre-crash braking, needs to be tested very differently from one 
    that suppresses the air bag whenever a child is present. While various 
    static tests can be used to determine whether the latter type of 
    suppression device is effective, they would be of limited utility in 
    testing a feature that suppresses the air bag when an occupant moves 
    into an out-of-position location. This is because one of the key 
    criteria in determining whether the dynamic out-of-position suppression 
    feature is effective is timing, i.e., whether the feature works quickly 
    enough in a situation where an occupant is propelled out of position as 
    a result of pre-crash braking (or other pre-crash maneuvers). We have 
    accordingly developed separate requirements for such dynamic 
    suppression devices.
        Under the NPRM, if this option were selected by the vehicle 
    manufacturer, the manufacturer would be required to provide a telltale 
    indicating whether the air bag was activated or deactivated. Operation 
    of the suppression feature would be tested through the use of a moving 
    test device which would be guided toward the area in the vehicle where 
    the air bag is stored.
        In the NPRM, we summarized the proposed test requirements as 
    follows:
    
        [The] test device would begin its course of travel in a forward 
    direction toward a target area inside the vehicle. This target area, 
    the air bag suppression zone, consists of a portion of a circle 
    centered on the geometric center of the vehicle's air bag cover. The 
    function of the air bag suppression system would be tested through 
    the use of a headform propelled toward the air bag suppression zone 
    at any speed up to 11 km/h (7 mph)--equivalent to a typical speed 
    that the head of an occupant attains in pre-crash braking. When the 
    test fixture enters the area near the air bag--the air bag 
    suppression zone--where injuries are likely to occur if the air bag 
    deploys, the telltale is monitored to determine if the suppression 
    feature has disabled the air bag.  . . .
        The automatic suppression plane of the vehicle, the point at 
    which the air bag suppression feature must be activated when the 
    plane is crossed by the headform, is located at that point rearward 
    of the air bag and forwardmost of the center of gravity of the head 
    of a seated occupant which the manufacturer determines to be that 
    point where, if the air bag is deployed, a 3-year-old child dummy 
    would meet specified injury criteria.
    
    63 FR 49974, September 18, 1998.
        We received a number of comments on our proposal in this area. 
    These comments were submitted by manufacturers, suppliers, industry 
    groups and safety organizations.
        While the comments indicated general support for a test option that 
    would permit this type of suppression design, the commenters raised 
    many issues about the feasibility and appropriateness of the agency's 
    proposed test procedure. We note that while much work is currently 
    being done on the development of dynamic automatic suppression systems 
    (DASS), the technology is still not mature. In addition, a number of 
    differing technologies are currently being considered. Each one of 
    these technologies has particular attributes which affect the 
    appropriateness of the means used to evaluate its performance. This 
    makes our task in formulating performance requirements and test 
    procedures much more difficult.
        For this SNPRM, we have decided to drop the out-of-position 
    suppression system test proposed in the NPRM. After considering the 
    comments, we have concluded that procedure has several flaws.
        First, the use of a test headform, while allowing a quasi-static, 
    in-vehicle test, appears to be inappropriate for several technologies 
    now under consideration. In particular, the use of a headform alone, 
    without an accompanying torso, presents severe difficulties for 
    ultrasound based systems. In actual use, as opposed to a test, these 
    systems use sound reflections from the torso as well as the head, in 
    order to locate and track an occupant.
        We are also concerned that the use of a headform alone would not be 
    appropriate for a DASS that uses information from multiple types of 
    sensors. For example, seat belt sensors, seat mat pressure sensors, 
    seat-mounted capacitance sensors, and seat location sensors might be 
    incorporated in a suppression system to locate an occupant or measure 
    the characteristics of an occupant and to assist the system in deciding 
    whether to suppress an air bag.
        Second, the proposed test procedure's inclusion of a quasi-static, 
    in-vehicle test may be inappropriate for evaluating the performance of 
    some DASS designs. A system using inputs such as crash severity (change 
    in velocity, rate of deceleration, etc.) could not be adequately tested 
    by a quasi-static test. Similarly, such a test may not be adequately 
    representative of an actual crash.
        However, we believe that DASS holds significant promise for 
    improving occupant safety. Instead of foreclosing the use of such 
    technology as a means of compliance, we have tentatively concluded that 
    continued development of this technology warrants a different approach 
    to rulemaking.
        We are therefore proposing an option which would specify minimum 
    performance requirements for DASS, in conjunction with an amendment to 
    our procedures governing petitions for rulemaking (49 CFR Part 552) 
    that would facilitate expedited consideration and, if appropriate, 
    adoption of a test procedure when technological advances make such 
    dynamic suppression systems feasible. Under this SNPRM, we are 
    proposing to require manufacturers seeking to manufacture vehicles 
    under this compliance option to equip those vehicles with a DASS that 
    automatically controls air bag deployment by sensing the location and 
    the characteristics of an occupant, and determining, based on that 
    information, whether the air bag
    
    [[Page 60587]]
    
    should be deployed. The DASS must be capable of turning off the air bag 
    when an occupant enters into an Automatic Suppression Zone (ASZ) 
    defined by the vehicle manufacturer.
        The proposal provides for specific expedited rulemaking procedures 
    regarding the test procedures for evaluating these systems. Under these 
    procedures, interested persons (which as a practical matter would 
    likely be either vehicle manufacturers or air bag manufacturers) could 
    submit a petition for rulemaking to establish, on an expedited basis, a 
    test procedure for evaluating a DASS. Target time limits for each phase 
    of such a rulemaking are proposed. As the petition would serve as a 
    basis for our expedited adoption of a test procedure, it would need to 
    contain specific detailed information. Included in this required 
    information would be a complete description of the specifications, 
    design, and performance of the system or systems to be tested by the 
    suggested test; drawings and/or representative samples of the test 
    devices and equipment to be employed in the test; test procedures, 
    including test device positioning procedures for the suggested test; 
    and data and films generated in performing the proposed test. Of 
    course, the test must meet applicable statutory requirements relating 
    to Federal motor vehicle safety standards.
        We could reject or withhold consideration of any petition that is 
    incomplete. The petition would need to be submitted nine months before 
    the requested effective date, to allow sufficient time for agency 
    review and public comment.
        While a petitioner could submit confidential information in support 
    of its petition, it would need to make public the complete test 
    procedure and a sufficient general description of the system to enable 
    us to provide a meaningful opportunity for public comment.
        If the agency published a notice proposing the adoption of the 
    requested test procedure, it would then consider the public comments 
    and decide whether the procedure should be added to Standard No. 208. 
    If it decided to do so, and if the procedure were suitable for the DASS 
    of any other vehicles, then the procedure could be used by those 
    manufacturers of those vehicles as well as by the petitioning 
    manufacturer.
        The agency emphasizes that its intention is that Standard No. 208 
    ultimately provide that all similar DASSs, e.g., those relying on the 
    same types of sensors, would be tested in the same fashion. Initially, 
    however, the agency's efforts to facilitate the quick introduction of 
    DASSs by conducting expedited rulemakings might result, in some cases, 
    in the adoption of different procedures for similar DASSs. To minimize 
    this possibility, the agency would expect manufacturers which decide to 
    petition for the adoption of a procedure for a DASS, instead of relying 
    upon a previously adopted procedure for the same or similar type of 
    DASS, to justify the need for a new and different procedure. Further, 
    the agency would seek in the long run to amend Standard No. 208 to 
    eliminate any unnecessary duplication or variation in test procedures.
        Static tests to assure low-risk deployment of the air bag in the 
    presence of out-of-position 3-year-old and 6-year-old child dummies. 
    Our proposal in this area is not significantly different from the NPRM. 
    If the low risk deployment option were selected, a vehicle would be 
    required to meet specified injury criteria when the passenger air bag 
    is deployed in the presence of out-of-position 3-year-old and 6-year-
    old child dummies. We are proposing that it be conducted at two 
    positions which tend to be ``worst case'' positions in terms of injury 
    risk. We are also proposing more detailed positioning procedures for 
    these two tests than for many of those proposed for the static 
    suppression tests, since injury measures may vary considerably with 
    position.
        In the case of air bags with multiple inflation levels, the injury 
    criteria would need to be met only for the levels that would be 
    deployed in lower severity crashes. While an infant in a RFCSS would 
    always be extremely close to the passenger air bag, this is not true 
    for older children. An older child would most likely be extremely close 
    to the air bag in lower severity crashes, following pre-crash braking.
        In the NPRM, we proposed that the injury criteria would need to be 
    met only for the inflation levels that would be deployed in crashes of 
    32 km/h (20 mph) or below. In order to determine what inflation levels 
    would deploy in such crashes, we proposed a test procedure which 
    included three types of crash tests: a rigid barrier test, an offset 
    frontal deformable barrier test, and a pole test.
        For the SNPRM, we are proposing that the injury criteria in static 
    out-of-position tests would need to be met only for the levels that 
    would be deployed in crashes of 29 km/h (18 mph) or below. We have 
    reduced the upper speed from 32 to 29 km/h (20 mph to 18 mph) because 
    some vehicle manufacturers may need to deploy both stages of a dual 
    stage inflator in crashes with delta V's just over 32 km/h (20 mph), 
    and because of the ``gray zone'' where it is uncertain whether one or 
    both stages may deploy. We are also proposing to specify only a rigid 
    barrier test for purposes of determining what inflation level would 
    deploy in such crashes. To the extent that higher inflation level air 
    bag deployments do not occur in rigid barrier tests at speeds up to 29 
    km/h (18 mph), we do not believe that those higher inflation level air 
    bag deployments would occur in offset frontal deformable barrier tests 
    or pole crashes at the same speed.
        As noted earlier, we have tested six MY 1999 vehicles to the 
    proposed out-of-position tests using 6-year-old child dummies. Only one 
    vehicle, the MY 1999 Acura RL with a dual stage inflator, met all the 
    proposed injury criteria performance limits for the 6-year-old child 
    dummy in both Position 1 and Position 2 tests. This was the only one of 
    the six vehicles with a dual stage inflator. Only the first stage was 
    fired in the tests. This test illustrates the potential of dual stage 
    inflators to meet the proposed out-of-position requirements using 3-
    year-old and 6-year-old child dummies.
        Elimination of option for full scale dynamic out-of-position test 
    requirements, which include pre-impact braking as part of the test 
    procedure. In the NPRM, we included an option under which a vehicle 
    would be required to meet injury criteria in a rigid barrier crash test 
    that included pre-impact braking as part of the test procedure, using 
    unrestrained 3-year-old or 6-year-old child dummies. We have decided to 
    drop this option.
        As discussed in the NPRM, this was a new test and there were many 
    uncertainties. After considering the comments, we have decided to drop 
    this option at this time. We were persuaded by the commenters that 
    significant additional development would be needed in the proposed test 
    procedure to make it appropriate for a Federal motor vehicle safety 
    standard. Moreover, we do not believe that such development could be 
    completed in a timely manner for this rulemaking. We also believe the 
    other options address the various types of technologies under 
    development, and that this one is not necessary. However, as noted 
    before, a manufacturer petitioning for a test procedure for dynamic 
    automatic suppression systems could suggest a procedure using a full 
    scale dynamic barrier test with pre-crash braking.
        c. Safety of Small Teenage and Adult Drivers.
        Out-of-position drivers are at risk from air bags if they are 
    extremely close
    
    [[Page 60588]]
    
    to the air bag at time of deployment. While any driver could 
    potentially become out of position, small-statured drivers are more 
    likely to become out of position because they sit closer to the 
    steering wheel than larger drivers.
        The NPRM, in order to address the risks air bags pose to out-of-
    position drivers, we proposed requirements using 5th percentile adult 
    female dummies. We proposed three alternative test requirements, the 
    selection of which would be at the option of the manufacturer.
        The manufacturer options proposed in the NPRM were similar to those 
    using 3-year-old and 6-year-old child dummies, with one significant 
    exception. Since air bags provide safety benefits to small-statured 
    drivers, it is not appropriate to permit manufacturers to suppress air 
    bag deployment under all conditions in the presence of such occupants. 
    Therefore, this type of suppression feature would not be permitted in 
    tests with 5th percentile adult female dummies.
        The three manufacturer options proposed in the NPRM were: (1) test 
    requirements for an air bag suppression feature that suppresses the 
    driver air bag when the driver is out of position, (2) test 
    requirements for low risk deployment involving deployment of the air 
    bag in the presence of out-of-position 5th percentile adult female 
    dummies, and (3) full scale dynamic out-of-position test requirements, 
    which include pre-impact braking as part of the test procedure.
        For our SNPRM, we have made a number of changes similar to those 
    discussed above with respect to three-year-old and six-year-old 
    children, and for the same reasons. Our proposal for test requirements 
    for low risk deployment involving deployment of the air bag in the 
    presence of out-of-position 5th percentile adult female dummies is 
    largely unchanged, although we have made the same change concerning 
    level of inflation (i.e., levels that could deploy in a rigid barrier 
    crash of up to 29 km/h (18 mph)) for which the test is conducted as 
    discussed above with respect to child dummies. Our proposal for test 
    requirements for an air bag suppression feature that suppresses the 
    driver air bag when the driver is out of position has been replaced 
    with one specifying a procedure by which manufacturers can petition for 
    a test procedure to be added to Standard No. 208. Finally, we have 
    dropped our proposal for full scale dynamic out-of-position test 
    requirements.
        While we have carefully considered GM's suggestion that we add out-
    of-position tests for adult passengers, we have decided not to make 
    such a proposal at this time. Air bag risks to adult passengers are 
    relatively low. Air bags do not pose the same risks for adult 
    passengers as adult drivers and child passengers. Risks are higher for 
    adult drivers because small-statured adults may need to sit relatively 
    close to the air bag in order to drive. However, small-statured adults 
    do not need to sit close to the passenger air bag. Young children are 
    at special risk from air bags because, when unbelted or improperly 
    belted, they are easily propelled against the air bag module during 
    pre-crash braking.
    
    C. Injury Criteria
    
        In the NPRM, we proposed injury criteria and performance limits for 
    each size dummy. We placed in the public docket a technical paper which 
    explained the basis for each of the proposed injury criteria, and for 
    the proposed performance limits.
        Standard No. 208 currently specifies five injury criteria for the 
    Hybrid III 50th percentile adult male dummy in barrier crash tests: (1) 
    dummy containment--all portions of the dummy must be contained in the 
    vehicle passenger compartment throughout the test, (2) HIC (Head Injury 
    Criterion) must not exceed 1,000, evaluated over a 36 millisecond 
    (msec) duration (3) chest acceleration must not exceed 60 g's, (4) 
    chest deflection must not exceed 76 mm (3 inches), and (5) upper leg 
    forces must not exceed 10 kilonewtons (kN) (2,250 pounds).
        Under the NPRM, these and certain additional injury criteria would 
    generally have been applied to all of the dummies covered by the 
    proposal. However, the criteria would be adjusted to maintain 
    consistency with respect to the injury risks faced by different size 
    occupants.
        For some types of injuries, we proposed alternative injury 
    criteria. For chest injury, we proposed two alternatives: a new 
    criterion, Combined Thoracic Index (CTI), which we had recently 
    developed, or separate limits on chest acceleration and chest 
    deflection. We also proposed two alternatives for neck injury criteria: 
    an improved neck injury criterion, called Nij, or separate limits on 
    flexion, extension, tension, compression and shear.
        For this SNPRM, we have reviewed all relevant comments on the NPRM 
    as well as comments and documents submitted by biomechanics specialists 
    at NHTSA-sponsored public meetings. Combining this new information with 
    our previous analyses, we are proposing, in a number of instances, 
    modified injury criteria and performance limits.
        A general discussion of the proposed injury criteria and 
    performance limits is presented below. A detailed technical explanation 
    is provided in a technical paper which is being placed in the public 
    docket. The title of the paper is: ``Development of Improved Injury 
    Criteria for the Assessment of Advanced Automotive Restraints Systems--
    II.''
    1. Head Injury Criteria
        As discussed in the technical report which accompanied the 
    September 1998 NPRM, titled ``Development of Improved Injury Criteria 
    for the Assessment of Advanced Automotive Restraint Systems,'' limits 
    for the head injury criterion (HIC), evaluated over a 36 millisecond 
    time interval, were proposed for the 50th percentile adult male, 5th 
    percentile adult female, 6 year-old child, 3 year-old child and 12-
    month-old infant dummies.
        Due to uncertainties regarding head injuries for children, we had 
    investigated various scaling methods for developing HIC performance 
    limits for the various size test dummies. The HIC limits proposed in 
    the NPRM reflected a methodology that included both geometrical and 
    material property scaling using the properties of the cranial sutures. 
    This method was based on the assumption that the pediatric skull 
    deformation is controlled by properties of the cranial sutures, rather 
    than the skull bones.
        Comments received in response to the NPRM and at a public meeting 
    held on April 20, 1999 focused primarily on two issues: (1) the time 
    duration used for the computation of HIC and (2) the scaling of HIC for 
    the child dummies. In general, commenters urged that more conservative 
    values for HIC should be adopted for the child dummies and especially 
    for the 12-month-old CRABI infant dummy. Commenters cited differences 
    in structure between the compliant infant skull with soft cranial 
    sutures and the adult skull in addition to the uncertain tolerances of 
    the infant's brain.
        AAMA recommended that the duration for the HIC computations be 
    limited to 15 milliseconds with a limit of 700 for the 50th percentile 
    adult male dummy, which is consistent with Canadian Motor Vehicle 
    Safety Standard No. 208. By way of comparison, Standard No. 208 
    currently specifies, for that dummy, HIC computed over 36 milliseconds 
    but with a limit of 1000.
        The basis for AAMA's recommended 15 millisecond duration was that, 
    in the original biomechanical skull fracture
    
    [[Page 60589]]
    
    data from which HIC was derived, no specimen experienced a skull 
    fracture and/or brain damage with a HIC duration greater than 13 
    milliseconds. AAMA also argued that HIC 36 overestimates the risk of 
    injury for long-duration head impacts with air bags. That organization 
    cited a study where human volunteers who were restrained by air bags 
    experienced HIC 36 greater than 1000 and did not experience brain 
    injury or skull fracture.
        We note that NHTSA has previously been asked to limit the HIC 
    duration to 15 or 17 milliseconds. In its earliest form, the HIC was 
    calculated over the whole acceleration-time pulse duration without an 
    imposed limiting time interval. Essentially, HIC values were calculated 
    for all possible time increments starting with one millisecond and 
    ending with the whole duration of the pulse including every time 
    duration increment in between. The maximum value from this entire set 
    was the HIC value used.
        On October 17, 1986, we issued a final rule adopting a maximum time 
    interval of 36 milliseconds for calculating HIC. 51 FR 37028. We 
    recognized that available human volunteer tests demonstrated that the 
    probability of injury in long duration events was low, but reasoned 
    that the agency should take a cautious approach and not significantly 
    change the expected pass/fail ratios that the then unlimited HIC 
    provided. Evaluation of a 17 millisecond limit against various test 
    sets from NCAP and FMVSS 208 testing available at the time was found to 
    reduce the failure rate from 46% to 35%. This fact led us to reject a 
    request to reduce the HIC time interval to 15 to 17 milliseconds 
    without a commensurate reduction of the maximum HIC value.
        However, to somewhat accommodate to the apparent over-stringency of 
    the limited HIC for long duration events, we did limit the maximum time 
    interval to 36 milliseconds. This allowed the maximum average long 
    duration acceleration to rise to a limit of 60 g's.
        Today's proposal for reducing the 36 millisecond HIC time to 15 
    milliseconds differs from what we previously considered because it is 
    accompanied by a reduction in the maximum allowed value of HIC from 
    1000 to 700. Based on an analysis of 295 recent NCAP tests, we have 
    determined that the stringency of HIC15/700 and HIC36/1000 appear to be 
    equivalent for long duration pulses. This is because while the HIC 15 
    produces a lower numerical value for long duration events, its lower 
    failure threshold, 700, compensates for this reduction. This is borne 
    out by the fact that of the 295 NCAP tests examined, 260 passed and 18 
    failed both criteria, 10 tests that failed HIC 15 passed HIC 36, while 
    7 tests that failed HIC 36, passed HIC 15. We also note that for pulse 
    durations shorter than approximately 25 milliseconds, the HIC 15=700 
    requirement is more stringent than the HIC 36=1000 requirement. We 
    believe this increased stringency would provide a desirable added 
    measure of safety for the highly scaled, short duration HIC limits 
    proposed for evaluating those impact events where children and small 
    statured adults are involved. Thus, we are proposing to employ a 15 
    millisecond time interval whenever calculating the HIC function and 
    limiting the maximum response of the adult male to 700 and limiting the 
    response of the smaller dummies to suitably scaled maximums.
        AAMA recommended employing a scaling technique for HIC15 that 
    accounts for the differences in geometry and failure properties between 
    children and adults. Several other researchers have also recommended, 
    using similar techniques and assumptions, scaled performance limits for 
    HIC15. We have also performed additional analysis using finite element 
    modeling to develop yet another approach to scaling HIC. Recognizing 
    that all of these techniques and the scaling relationships they produce 
    are approximate, we have combined these results to develop modified, 
    conservative, scaled HIC performance limits for the various child 
    dummies.
    2. Neck Injury Criteria
    In the NPRM, we proposed two alternatives: (1) The Nij neck injury 
    criterion, for which we solicited comments on performance limits of 
    Nij=1 and Nij=1.4, and (2) separate limits on neck flexion, extension, 
    tension, compression, and shear. AAMA and others commented that the Nij 
    concept makes biomechanical sense. However, they recommended the use of 
    individual limits for neck forces and moments. Other commenters stated 
    that Nij=1 was more appropriate than Nij=1.4 for affording adequate 
    protection to children. Some commenters suggested even lower limits for 
    neck forces and moments for the child dummies.
        After considering the comments, we continue to believe that the 
    superposition of loads and moments performed in the Nij calculation is 
    the most appropriate metric to quantify neck injury risk. Therefore, in 
    the SNPRM, we are proposing Nij as the neck injury criterion. However, 
    in light of the comments, we have made some modifications to the 
    proposed Nij calculations.
        We originally developed the Nij criterion using data from matched 
    air bag exposure tests, using anesthetized pigs and the 3-year-old 
    child dummy, conducted by Mertz et al. and Prasad et al. For the 
    modified Nij, we decided to use certain assumptions made by Mertz (SAE 
    paper No. 973318) in combining the measured tension force and extension 
    moment. Re-analysis of the data after applying these assumptions 
    results in new Nij tension and extension intercept values for the 3-
    year-old dummy with Nij=1. The resulting Nij=1 threshold limit 
    represents a 22% probability of Abbreviated Injury Scale (AIS) 
    3 neck injury using logistic regression. For this SNPRM, we 
    are also using a scaling procedure recommended by AAMA which takes into 
    account the failure strength of ligaments. The details of the 
    development of the revised Nij neck injury criteria and the revised Nij 
    critical values for all dummy sizes are provided in the technical paper 
    cited above.
        As noted above, we requested comments on performance limits of 
    Nij=1 and Nij=1.4. After considering the comments, the available 
    biomechanical data, and testing which indicates that the more 
    conservative value of 1.0 can be met in current production vehicles, we 
    are proposing a limit of 1.0.
    3. Thoracic Injury Criteria
        For chest injury, we proposed two alternatives in the NPRM: (1) A 
    newly developed injury criterion called the Combined Thoracic Index 
    (CTI), or (2) individual limits on chest acceleration and chest 
    deflection. The CTI is a formula that linearly combines measured chest 
    deflection and acceleration levels into a single value which is then 
    limited to a maximum value. It was derived from our extensive cadaver 
    test data base and was demonstrated to have the best injury predictive 
    capability of all measures examined. The second alternative consisted 
    of individual limits for chest acceleration and deflection, the 
    approach currently used in Standard No. 208. The standard specifies, 
    for the 50th percentile adult male dummy, a 60 g acceleration limit and 
    a 76 mm (3 inch) deflection limit.
        Many commenters on the NPRM recommended maintaining individual 
    limits for acceleration and deflection. AAMA recommended that the 
    acceleration limit be maintained at 60 g but suggested that the 
    deflection limit be reduced from 76 mm to 64 mm (3 inches to 2.5 
    inches). Our analysis indicates that the recommended AAMA
    
    [[Page 60590]]
    
    limits, when both at their maximum, would be at a CTI level of 
    approximately 1.2. However, because the CTI would allow greater 
    accelerations with lesser deflection and greater deflection with lesser 
    accelerations at allowable operational points, we believe the AAMA-
    recommended two independent level criterion would be somewhat more 
    stringent overall. Therefore, we believe the CTI limit proposed in the 
    NPRM and AAMA's recommended individual limits are largely equivalent 
    and that there is a slight safety benefit to adopting the individual 
    limits of 60 g's of acceleration and 64 mm (2.5 inches) of chest 
    deflection for the 50th percentile adult male dummy. For the SNPRM, we 
    are proposing individual limits as recommended by AAMA.
        To obtain equivalent performance limits for the other size dummies, 
    i.e., the 5th percentile adult female, 3- and 6-year-old child, and the 
    12-month-old infant, the mid-size male dummy limits were scaled 
    considering both geometric and material differences.
    4. Lower Extremity Injury Criteria
        Standard No. 208 currently specifies an axial load limit of 10kN 
    (2250 pounds) for the 50th percentile adult male dummy, as measured by 
    a load cell at the location of the mid-shaft of the femur. The purpose 
    of the axial load limit on the femur is to reduce the probability of 
    fracture of the femur and also surrounding structures in the thigh, 
    such as the patella and pelvis. In the NPRM, we proposed to maintain 
    the current limit of 10 kN (2,250 pounds) for the 50th percentile adult 
    male and proposed a new scaled down limit of 6.8 kN (1,529 pounds) for 
    the 5th percentile adult female to account for the smaller bone size 
    for all proposed test configurations.
        There was general support by commenters for including the femoral 
    compressive loads for the 5th percentile adult female dummy specified 
    in the NPRM in addition to maintaining the currently specified value 
    for the 50th percentile adult male dummy. In the SNPRM, we are 
    proposing the same axial femur limits as the NPRM: 10 kN (2,250 pounds) 
    for the 50th percentile adult male and 6.8 kN (1,529 pounds) for the 
    5th percentile adult female.
        AAMA recommended adding femoral compressive load limits for the 6-
    year-old child dummy. Although we agree with AAMA that femoral 
    compressive load limits for the 6-year-old child dummy are important to 
    consider, the NPRM did not specify such limits because none of the 
    proposed testing configurations imposed substantial loading on the 
    lower extremities. We are therefore not proposing femoral compressive 
    load limits in the SNPRM.
        The National Transportation Safety Board (NTSB) recommended that 
    tolerance levels of lower extremities be further investigated and 
    validated. NTSB also suggested that we consider dummies such as an 
    advanced lower extremity dummy for future incorporation into the 
    standards. We are continuing the development of an advanced lower 
    extremity test device, and continue to sponsor experimental impact 
    injury research to determine the mechanisms and tolerances of the lower 
    extremities, including the foot, ankle and leg. When this effort is 
    complete, we will consider incorporating additional injury criteria 
    into our safety standards.
        The assessment of lower extremity injury potential in high speed 
    offset deformable crash tests is discussed in a separate section later 
    in this notice.
    5. Other Criteria
        As we consider adding new injury criteria or modifying existing 
    injury criteria for Standard No. 208, it is logical to consider whether 
    the injury criteria and performance limits we are considering would be 
    appropriate for other safety standards, including Standards No. 201 and 
    213, particularly if new child dummies were incorporated into Standard 
    No. 213. While we are not proposing to amend those standards in this 
    rulemaking, we request commenters to address whether the injury 
    criteria and performance limits proposed in this SNPRM would be 
    appropriate for those standards, and why or why not.
    
    D. Lead Time and Proposed Effective Date
    
        TEA 21 specifies that the final rule on advanced air bags must 
    become effective in phases as rapidly as practicable beginning not 
    earlier than September 1, 2002, and no sooner than 30 months after the 
    issuance of the final rule, but not later than September 1, 2003. 
    Except as noted below, the phase-in of the required amendments must be 
    completed by September 1, 2005. If the phase-in of the rule does not 
    begin until September 1, 2003, we are authorized to delay the 
    completion of the phase-in until September 1, 2006. As also noted 
    below, other amendments may be phased-in later.
        As discussed in the NPRM, we have sought information by a variety 
    of means to help us determine when the vehicle manufacturers can 
    provide advanced air bag systems to consumers. This is known as lead 
    time. Vehicle lead time is a complex issue, especially when it involves 
    technology and designs that are still under development.
        In the NPRM, taking account of all available information, including 
    but not limited to the wide variety of available technologies that can 
    be used to improve air bags (and thereby meet the proposed 
    requirements) and information concerning where the different suppliers 
    and vehicle manufacturers were in developing and implementing available 
    technologies, we proposed to phase in the new requirements in 
    accordance with the following implementation schedule:
        25 percent of each manufacturer's light vehicles manufactured 
    during the production year beginning September 1, 2002;
        40 percent of each manufacturer's light vehicles manufactured 
    during the production year beginning September 1, 2003;
        70 percent of each manufacturer's light vehicles manufactured 
    during the production year beginning September 1, 2004;
        All vehicles manufactured on or after September 1, 2005.
        We proposed a separate alternative to address the special problems 
    faced by limited line manufacturers in complying with phase-ins. We 
    noted that a phase-in generally permits vehicle manufacturers 
    flexibility with respect to which vehicles they choose to initially 
    redesign to comply with new requirements. However, if a manufacturer 
    produces a very limited number of lines, e.g., one or two, a phase-in 
    would not provide such flexibility.
        We accordingly proposed to permit manufacturers which produce two 
    or fewer carlines the option of omitting the first year of the phase-in 
    if they achieve full compliance effective September 1, 2003. We 
    proposed to limit this alternative to manufacturers which produce two 
    or fewer carlines in light of the statutory requirement concerning when 
    the phase-in is to begin.
        As with previous phase-ins, we proposed to exclude vehicles 
    manufactured in two or more stages and altered vehicles from the phase-
    in requirements. These vehicles would be subject to the advanced air 
    bag requirements effective September 1, 2005. They would, of course, be 
    subject to Standard No. 208's existing requirements before and 
    throughout the phase-in.
        Also as with previous phase-ins, we proposed amendments to 49 CFR 
    Part 585 to establish reporting requirements to accompany the phase-in.
    
    [[Page 60591]]
    
        A number of commenters raised issues concerning the proposed phase-
    in. We will discuss the issues separately for the large vehicle 
    manufacturers and for small manufacturers and multi-stage 
    manufacturers.
    1. Large Manufacturers
        Honda stated that it would be virtually impossible to comply with 
    the proposed phase-in. It cited the number of tests, the need for new 
    testing facilities and personnel, and the lack of completed dummies. 
    That company stated that assuming the final rule was reasonable and 
    practical, it needs at least three years leadtime after the final rule 
    and before the start of the phase-in, and a five-year phase-in. Volvo 
    also stated that it needs three years after the final rule.
        We note that, for this particular rulemaking, we have limited 
    discretion as to how much lead time we can provide. Under the statutory 
    requirements discussed earlier in this section, assuming that the final 
    rule is issued on March 1, 2000, it must become effective in phases 
    beginning not earlier than September 1, 2002 (which is 30 months after 
    March 1, 2000) and not later than September 1, 2003. Moreover, there is 
    a limit as to how long the phase-in may be. If the phase-in begins on 
    September 1, 2002, the required amendments must be fully effective by 
    September 1, 2005. Only if the phase-in begins on September 1, 2003 may 
    the agency delay making the required amendments fully effective until 
    September 1, 2006.
        Under the statute, the agency is therefore precluded from providing 
    the five-year phase-in requested by Honda. Whether the phase-in begins 
    on September 1, 2002 or September 1, 2003, the required amendments must 
    be fully effective not more than three years later.
        For this SNPRM, we are proposing the same phase-in for large 
    manufacturers as in the NPRM. The proposed date for the start of the 
    phase-in, September 1, 2002, would be 30 months after a final rule that 
    was issued on March 1, 2000. This proposed date reflects the 
    seriousness of the safety problem being addressed and the statutory 
    requirement that the final rule become effective as rapidly as 
    possible. Honda and Volvo did not demonstrate that this date cannot be 
    met. We note that, as discussed earlier, several manufacturers will be 
    introducing air bags with many of the features needed to comply with 
    the proposed requirements for advanced air bags during MY 2000.
        Comments are requested on phase-in schedules and percentages other 
    than the 25%-40%-70%-100% schedule proposed in this document. One 
    example is a 40%-70%-100% schedule beginning one year later than the 
    proposed schedule, but ending at the same time. This alternative is 
    like the proposed one, except that the first year of the proposed 
    phase-in is eliminated. This alternative schedule would offer 
    additional leadtime at the beginning of the phase-in, while not 
    compromising the final effective date for all new vehicles. With the 
    availability of credits for early compliance, a manufacturer also would 
    have additional time to develop and produce early-complying vehicles to 
    meet the initial phase-in percentages.
        We recognize that simultaneous implementation of these various 
    proposals will necessitate considerable care and effort by the vehicle 
    manufacturers. In a normal rulemaking, we would have broad discretion 
    to adjust the implementation schedule to facilitate compliance. In this 
    rulemaking, our discretion to set the schedule for implementing the 
    amendments required by TEA 21 is limited by that Act. As indicated 
    above, our final rule must not provide that the phasing-in of those 
    amendments begins any later than September 1, 2003, or ends any later 
    than September 1, 2006.
        However, above and beyond our discretion to adjust the amendments 
    for reasons of practicability, we also have some discretion to make 
    temporary adjustments in them if, in our judgment, such adjustments are 
    necessary or prudent to promote the smooth and effective implementation 
    of the goals of TEA 21 through the introduction of advanced air bags. 
    As discussed above, the final rule could temporarily reduce the injury 
    criteria or test speeds during the TEA 21 phase-in and then terminate 
    those reductions at the end or after the end of that phase-in.
    2. Small Manufacturers and Multi-Stage Manufacturers
        The Coalition of Small Volume Automobile Manufacturers (COSVAM) 
    stated that the extra year of leadtime we proposed for small volume 
    manufacturers is insufficient to meet its members' needs. That 
    organization requested that small volume manufacturers be treated the 
    same as final stage manufacturers, i.e., not be required to meet the 
    new requirements for advanced air bags until the end of the phase-in.
        COSVAM stated that small volume manufacturers need until the end of 
    the phase-in because they cannot obtain new technology at the same time 
    it is made available to large manufacturers, because they have 
    difficulty getting suppliers to sell to them at all, and because some 
    small volume manufacturers source from large manufacturers and may 
    source parts from a model which will not comply until the end of the 
    phase-in. AIAM stated that the law does not allow a reasonable 
    timetable for phase-in even for large volume manufacturers, which will 
    be given access to technology first, and that there is certainly no 
    evidence that small volume manufacturers have the ability to comply in 
    the second year of the phase-in.
        After considering the comments, we have decided to propose that 
    small volume manufacturers be permitted to wait until the end of the 
    phase-in to meet the new requirements. We note that we are proposing to 
    treat small volume manufacturers differently than in previous 
    rulemakings involving phase-ins because of two factors.
        The first factor is the complexity of the new requirements. Even 
    the more streamlined set of requirements proposed in this SNPRM will 
    require significant design changes and significant new testing for all 
    cars and light trucks. The second factor is the relatively short 
    leadtime before the phase-in is scheduled to begin.
        The proposed special treatment of small volume manufacturers would 
    be in addition to our proposal to permit limited line manufacturers to 
    wait until the second year of the phase-in to begin compliance if they 
    then meet the new requirements for all of their vehicles.
        Because our new proposal for small volume manufacturers will have 
    the effect of permitting them to avoid the phase-in entirely, it is 
    critical to establish eligibility criteria that are as narrow as 
    possible. Accordingly, we are proposing to limit this phase-in option 
    to manufacturers which produce fewer than 5,000 vehicles per year 
    worldwide.
        We specifically request comments on this proposed limitation. We 
    note that COSVAM indicated that all of its members produce fewer than 
    5,000 vehicles per year worldwide. However, that organization requested 
    that we make this phase-in option available to all manufacturers which 
    produce fewer than 10,000 vehicles per year worldwide. COSVAM did not 
    explain why it believes the limitation should be set at this level.
        Several commenters, including the National Truck Equipment 
    Association (NTEA) and the Recreation Vehicle Industry Association 
    (RVIA), requested that multi-stage manufacturers and alterers be given 
    a one-year extension after the end of the phase-in for large 
    manufacturers. NTEA stated that given
    
    [[Page 60592]]
    
    the level of research and testing likely to be required by the final 
    rule, chassis manufacturers will be hard pressed to complete work on 
    time for their standard lineup of vehicles let alone those chassis to 
    be used by multi-stage industry. That organization stated that an extra 
    year would give chassis manufacturers more time to generate compliance 
    information needed for commercial vehicles produced in two or more 
    stages.
        RVIA stated that guidance from incomplete vehicle manufacturers is 
    generally not available until at or very near the startup of new or 
    updated model production and that, therefore, final stage manufacturers 
    will need at least one additional year to meet the new requirements.
        While we have carefully considered the comments, we are not 
    proposing an additional extension for final stage manufacturers, beyond 
    the end of the phase-in. We note that, as discussed above, we have 
    limited discretion as to how much leadtime we can provide. Under TEA 
    21, if the phase-in begins on September 1, 2002, the final rule must 
    become fully effective by September 1, 2005. There are no exceptions 
    for multi-stage manufacturers.
        Moreover, we believe this is an issue which can be handled by the 
    industry. Final stage manufacturers are used to completing vehicles 
    within limitations identified by chassis manufacturers so that they can 
    certify their vehicles with limited or no additional testing. We do 
    believe it is important that the chassis manufacturers communicate with 
    their final stage manufacturer customers as soon as possible concerning 
    any new limitations that may be made as a result of the advanced air 
    bag requirements. The chassis manufacturers should be able to identify 
    the type and likely scope of any such new limitations well before the 
    end of the phase-in. Even now, the chassis manufacturers should be able 
    to identify the types of new limitations that are likely, given the 
    proposed requirements and planned design changes. We would encourage 
    chassis manufacturers and final stage manufacturers to begin 
    discussions on these issues now.
        Atwood, a supplier of seating components, asked whether a generic 
    type test could be developed to eliminate testing the entire family of 
    test dummies. That company stated that it runs sled tests consisting of 
    baseline tests of OE components and additional tests of its components. 
    We do not believe it would be possible to develop a generic type test, 
    for purposes of Standard No. 208, that could eliminate tests 
    incorporating the family of dummies. Different size human beings 
    respond differently in crashes, and it is therefore necessary to use 
    different size dummies to test for the injury risks posed to occupants 
    of varying sizes. Also, if a weight/pattern sensor in a seat is 
    designed to suppress air bags for children and not for adults, it is 
    necessary to test them both for children and adults.
    
    E. Availability of Original Equipment and Retrofit Manual On-Off 
    Switches
    
        As discussed in the NPRM, Standard No. 208 currently includes a 
    temporary provision permitting manufacturers to provide manual on-off 
    switches for air bags in vehicles without rear seats or with rear seats 
    too small to accommodate a RFCSS. This provision is scheduled to expire 
    on September 1, 2000. However, in the NPRM, we proposed to extend this 
    provision so that it phases out as the new requirements for advanced 
    air bags are phased in. During the phase-in, OE manual on-off switches 
    would not be available for vehicles certified to the upgraded 
    requirements, but would be available for other vehicles under the same 
    conditions as they are currently available.
        Also as discussed in the NPRM, on November 11, 1997, we published 
    in the Federal Register (62 FR 62406) a final rule exempting, under 
    certain conditions, motor vehicle dealers and repair businesses from 
    the ``make inoperative'' prohibition in 49 U.S.C. 30122 by allowing 
    them to install retrofit manual on-off switches for air bags in 
    vehicles owned by people whose request for a switch is authorized by 
    NHTSA. The final rule is set forth as Part 595, Retrofit On-Off 
    Switches for Air Bags.
        The purpose of the exemption was to preserve the benefits of air 
    bags while reducing the risk of serious or fatal injury that current 
    air bags pose to identifiable groups of people. In issuing that final 
    rule, we explained that although vehicle manufacturers are beginning to 
    replace current air bags with new air bags having some advanced 
    attributes, i.e., attributes that will automatically minimize or avoid 
    the risks created by current air bags, an interim solution was needed 
    for those groups of people at risk from current air bags in existing 
    vehicles.
        In the NPRM, we proposed to phase out the availability of this 
    exemption in the same manner as the temporary provision permitting 
    manufacturers to provide manual on-off switches for air bags in 
    vehicles without rear seats or with rear seats too small to accommodate 
    a RFCSS. Under the proposal, retrofit on-off switches would not be 
    available for vehicles certified to the new advanced air bag 
    requirements.
        We requested comments, however, on whether retrofit on-off switches 
    should continue to be available under eligibility criteria revised to 
    be appropriately reflective of the capabilities of advanced air bag 
    technology. We observed that if such switches were to be available at 
    all, the criteria would need to be much narrower since the risks would 
    be smaller than they are currently. For example, the passenger air bag 
    in a vehicle with a weight sensor would not deploy at all in the 
    presence of young children. Therefore, there would be no safety reason 
    to permit a retrofit on-off switch because of a need for a young child 
    to ride in the front seat.
        Only a few commenters addressed the issue of OE and retrofit on-off 
    switches. Two basic positions were given: either allow on-off switches 
    regardless of the existence of advanced air bag technology, or phase-
    out the switches as proposed in the NPRM. The central issue to each 
    position is whether the advanced air bag systems will be sufficiently 
    reliable to obviate the need for a manual switch.
        While we believe that reliable systems can be developed in a timely 
    manner, thus removing the need for an on-off switch, we are concerned 
    that those individuals who are currently at risk from air bags may lack 
    confidence in the new systems, particularly when they are first 
    introduced. However, we believe this problem will diminish during the 
    course of the phase-in, as consumers hear about, and become familiar 
    with, advanced air bags.
        Accordingly, in this SNPRM, we are proposing to allow both OE 
    switches and retrofit switches to be installed under the same 
    conditions that currently govern such installation in all vehicles 
    produced prior to September 1, 2005, the date by which all vehicles 
    must have an advanced air bag system. We believe that by that time 
    consumer confidence in the advanced systems will be sufficiently strong 
    to remove any desire for a manual switch in vehicles produced with an 
    advanced air bag.
    
    F. Warning Labels and Consumer Information
    
        As discussed in the NPRM, on November 27, 1996, we published in the 
    Federal Register (61 FR 60206) a final rule which, among other things, 
    amended Standard No. 208 to require improved labeling on new vehicles 
    to better ensure that drivers and other occupants are aware of the 
    dangers posed by passenger air bags to children. These warning label 
    requirements did
    
    [[Page 60593]]
    
    not apply to vehicles with passenger air bags meeting specified 
    criteria.
        In the NPRM, we similarly proposed that vehicles certified to the 
    new advanced air bag requirements would not be subject to those warning 
    label requirements. We requested comments, however, concerning whether 
    any of the existing labeling requirements should be retained for 
    vehicles with advanced air bags and/or whether any other labeling 
    requirements should be applied to these vehicles.
        Thirteen commenters addressed the issue of retaining the existing 
    air bag warning labels, including manufacturers, manufacturer 
    associations, and consumer groups. At least until the reliability of 
    newer air bag designs are proven by experience, all of the commenters 
    supported the retention of a warning regarding the importance of 
    children in rear seats. Most supported the inclusion of a seat belt use 
    warning. Some commenters also addressed the issue of requiring 
    manufacturers to provide information about which vehicles meet the new 
    requirements. Consumer groups strongly supported such a requirement, 
    while manufacturers and some others believed such a requirement was not 
    necessary since the information would be provided voluntarily.
        Given the importance of the safety information at issue and in 
    light of the widespread support for continued labeling, NHTSA is 
    proposing a replacement for the permanent sun visor label for vehicles 
    that meet the requirements of this proposed rule. The label would 
    contain statements regarding belt use and seating children in the rear 
    seat. These statements are good general advice; however, NHTSA requests 
    comments on any currently known risks which would require more specific 
    statements.
        The word ``CAUTION'' would be substituted for the word ``WARNING'' 
    in the heading of the label. According to ANSI Z535.2, ``WARNING 
    indicates a potentially hazardous situation which, if not avoided, 
    could result in death or serious injury.'' ``CAUTION indicates a 
    potentially hazardous situation which, if not avoided, may result in 
    minor or moderate injury. It may also be used to alert against unsafe 
    practices.'' Since there are currently no known specific risks 
    associated with advanced air bags, ``Caution'' appears to be more 
    appropriate as an alert against unsafe practices.
        We believe that the existing graphic is inappropriate for air bags 
    meeting these requirements, as this risk is specifically tested for in 
    the new requirements. Therefore, a new graphic has been developed which 
    shows a cut-away side view of a vehicle with a belted driver and a 
    child in a child seat in the rear.
        In addition, we are proposing a new temporary label that states 
    that the vehicle meets the new requirements for advanced air bags. This 
    label would replace the existing temporary label and include statements 
    regarding seat belt use and children in rear seats. We request comment 
    on how and where additional information regarding how the vehicle 
    complies and other information about the new air bags should be made 
    available. The options under consideration include requiring the 
    information on the temporary label, in the owners manual, or in a 
    separate required informational brochure.
        We are proposing to retain all other existing label requirements 
    regarding location, size, etc. for the new labels. Also, as with the 
    current labels, manufacturers may provide translations of the required 
    English language message as long as all the requirements for the 
    English label are met, including size.\25\
    ---------------------------------------------------------------------------
    
        \25\ For further information about our policies in this area, 
    see 59 FR 11200, 11201-202, March 10, 1994.
    ---------------------------------------------------------------------------
    
        Consistent with our proposal to require labels for vehicles with 
    advanced air bags, we are proposing to drop the current definition of 
    ``smart passenger air bags'' contained in S4.5.5 and the existing 
    option to remove warning labels in vehicles with air bags that meet 
    that definition (S4.5.1). The term ``smart air bag'' is simply an older 
    term for advanced air bag. For the reasons discussed above, we believe 
    that some warning label is needed for vehicles with advanced air bags. 
    We also note that no manufacturer has taken advantage of the existing 
    compliance option, and we believe that they will not do so in the 
    future. Manufacturers have urged us to develop a single warning label 
    that would apply to vehicles with advanced air bags. Thus, even if they 
    do develop a system that meets the existing definition of smart 
    passenger air bags, we do not think they would decide to produce 
    vehicles without warning labels.
        In order to provide consumers with adequate information about their 
    occupant restraint system, a manufacturer would also need to provide a 
    written discussion of the vehicle's advanced passenger air bag system. 
    This discussion would probably be included in the vehicle owner's 
    manual, although we are interested in knowing whether it would be 
    desirable to have this information located elsewhere. The discussion 
    would need to explain the proper functioning of the advanced passenger 
    air bag system and provide a summary of the actions that may affect the 
    proper functioning of the system.
        We anticipate that several topics would need to be addressed. The 
    information provided might need to include discussions of the following 
    topics, as appropriate:
         A presentation and explanation of the main components of 
    the advanced passenger air bag system.
         An explanation of how the components function together as 
    part of the advanced passenger air bag system.
         The basic requirements for proper operation, including an 
    explanation of the occupant actions that may affect the proper 
    functioning of the system.
         A complete description of any passenger air bag 
    suppression system installed in the vehicle including a discussion of 
    the suppression zone and a discussion of the telltale light on the 
    instrument panel, explaining that the light is only illuminated when 
    the advanced passenger air bag system is suppressed, is not illuminated 
    when the advanced passenger air bag system is activated, and informing 
    the vehicle owner of the method used to indicate that the air bag 
    suppression system is not operating properly.
         An explanation of the interaction of the advanced 
    passenger air bag system with other vehicle components, such as seat 
    belts, seats or other components.
         A summary of the expected outcomes when child restraint 
    systems, children and small teenagers or adults are both properly and 
    improperly positioned in the vehicle, including cautionary advice 
    against improper placement of child restraint systems.
         Tips and guidelines to improve consumer understanding of 
    the proper use of the advanced passenger air bag system.
         Information on how to contact the vehicle manufacturer 
    concerning modifications for persons with disabilities that may affect 
    the advanced air bag system.
    
    G. Miscellaneous Issues
    
    1. Selection of Child Restraints
        As discussed earlier in this notice, in order to reduce testing 
    costs, we are proposing to require manufacturers to assure compliance 
    with tests to minimize the risks from air bags to infants and young 
    children using any child restraint on a specified list of 
    representative child restraints. In developing the proposed list of 
    representative child restraints, we attempted to select seats that are
    
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    produced by various manufacturers while limiting the overall number of 
    restraints. The list was derived from a much more comprehensive list of 
    restraints to be purchased by NHTSA's Office of Vehicle Safety 
    Compliance for use in the agency's FY 2000 compliance test program.
        We believe the more comprehensive list represents the majority of 
    child restraints currently on the market. That list was reduced, in 
    part, by eliminating similar restraint systems, e.g., restraints that 
    are sold as different models but which we believe provide the same 
    footprint. For example, a particular restraint may come with both a T-
    shield and a five-point harness system. We do not believe it would be 
    necessary to test a suppression system using both restraints, since the 
    difference between the two models is the type of system used to 
    restrain the child and not the basic design of the seat. We further 
    shortened the comprehensive list by eliminating restraints produced by 
    a manufacturer who was already represented at least once within the 
    particular class of child restraints. Other restraints, like the car 
    bed, are the only one of their type and were placed on the list for 
    that reason.
        We have tentatively decided to add the list of child restraints as 
    an appendix to the proposed regulatory text. However, we plan to 
    propose updating the list from time to time (with appropriate lead 
    time). Of particular concern is the introduction of child restraints 
    that will be developed to comply with the agency's recently issued rule 
    on uniform child restraint anchorages.
    2. Due Care Provision
        Since March 1986, Standard No. 208 has included as part of its 
    various crash test requirements a provision stating that ``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.'' In adding this provision, the agency 
    cited the complexity of the Standard No. 208 test and stated that, 
    because of this complexity, it believed that manufacturers needed 
    assurance from the agency that, if they have made a good faith effort 
    in designing their vehicles and have instituted adequate quality 
    control measures, they will not face the recall of their vehicles 
    because of an isolated apparent failure to meet one of the injury 
    criteria.
        In the September 1998 NPRM, we did not propose to extend the ``due 
    care provision'' to the various new proposed test requirements. Vehicle 
    manufacturers commented that there may be greater variability 
    associated with the new proposed test requirements than the old ones 
    and that the ``due care provision'' is needed more than ever.
        In addressing this issue, we note that the ``due care provision'' 
    is unique to Standard No. 208. The provision was initially adopted as 
    part of the 1984 rulemaking requiring automatic protection, and was 
    then extended as the various crash test requirements were extended. We 
    did not, however, adopt a ``due care provision'' for the subsequent 
    crash or other dynamic tests in other standards, such as Standards No. 
    201 or 214.
        As a general matter, we disfavor including a ``due care provision'' 
    in the Federal motor vehicle safety standards. There are several 
    reasons for this.
        First, the inclusion of such a provision in a safety standard does 
    not fit very well with the overall statutory scheme. Safety standards 
    are required to be objective. To the extent the question of whether a 
    manufacturer exercised due care becomes a compliance issue, a measure 
    of subjectivity is introduced into the standard. Also, the Safety Act 
    itself includes a different ``due care provision.'' While the statutory 
    due care defense can relieve a manufacturer of paying civil penalties 
    for failure to comply with a safety standard, it does not relieve the 
    manufacturer of recalling non-complying vehicles.
        Second, we do not believe there is an intrinsic need for a ``due 
    care provision.'' Nothing in the history of Standard No. 208 compliance 
    activities since 1984 indicates there is a need for such a provision. 
    We also note, with respect to enforcement, that we have consistently 
    taken the position that we will not require a manufacturer to recall 
    large numbers of vehicles merely because of an isolated test failure, 
    where there is evidence that other tested units have met the standard's 
    performance requirements and there is no indication of the absence of 
    adequate quality control procedures.
        Notwithstanding the fact that we generally disfavor including a 
    ``due care provision'' in a safety standard, we also recognize that 
    Standard No. 208 has included such a provision as part of its crash 
    test requirements for the past 13 years. Recognizing that this 
    rulemaking for advanced air bags will require manufacturers to certify 
    their vehicles to a significantly greater number of test requirements 
    in a limited amount of time, we do not believe that now is an 
    appropriate time to delete this provision.
        Accordingly, for this SNPRM, we are proposing to maintain the same 
    ``due care provision'' for the new crash test requirements as for the 
    existing ones. However, we are not proposing to apply the provision to 
    test requirements that do not involve crashes, as these tests are not 
    affected by the variability associated with dynamically induced dummy 
    movement and/or vehicle deformation.
    3. Selection of Options
        In the NPRM, we proposed to require that where manufacturer options 
    are specified, the manufacturer must select the option by the time it 
    certifies the vehicle and may not thereafter select a different option 
    for the vehicle. This would mean that failure to comply with the 
    selected option would constitute a noncompliance with the standard (as 
    well as a violation of the certification requirement), regardless of 
    whether a vehicle complies with another option. We noted situations in 
    the past where vehicle manufacturers have advised us that they had 
    selected one compliance option, but then sought to change the option 
    after being confronted with an apparent test failure.
        Vehicle manufacturers objected to this proposed requirement. AAMA 
    stated that the proposed requirement would not meet the need for motor 
    vehicle safety, since both options meet the need for motor vehicle 
    safety.
        For this SNPRM, we are not changing this part of our proposal, 
    except to add a provision clarifying that upon request, manufacturers 
    will be required to advise the Office of Vehicle Safety Compliance 
    (OVSC) of particular compliance options selected for a given vehicle or 
    vehicle model. We note that this issue has arisen in the context of 
    several recent and ongoing rulemakings, and we are continuing to review 
    the various comments and other submissions from manufacturers 
    concerning this issue.
    4. Relationship of the Proposed New Injury Criteria to Existing Test 
    Requirements
        In this SNPRM, we are proposing a number of new and/or modified 
    injury criteria and performance limits for vehicles certified to the 
    requirements for advanced air bags. Some of these injury criteria and 
    performance limits would apply to new tests, and some would apply to 
    existing tests that are being retained in Standard No. 208.
        We are not proposing to change the injury criteria for vehicles not 
    certified to the requirements for advanced air bags. As a general 
    matter, vehicles produced between the time the final rule becomes 
    effective and the time the phase-in is complete will be required to
    
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    comply with and be certified to the current requirements and current 
    injury criteria or to the requirements for advanced air bags and new 
    injury criteria; there will be no opportunity to mix and match.
        We believe it would be unnecessary and potentially 
    counterproductive to apply the new injury criteria or performance 
    limits to vehicles produced in the next several years which are not 
    certified to all of the requirements for advanced air bags. It is our 
    intention that the vehicle manufacturers focus their attention on 
    designing vehicles that comply with the new requirements for advanced 
    air bags, consistent with the phase-in period, rather than attempting 
    in the short term to modify and/or recertify existing vehicles to meet 
    new injury criteria.
        We also do not believe it would be a good use of our resources to 
    conduct the analyses that would be needed to reevaluate what injury 
    criteria and limits should apply to what test requirements for vehicles 
    not yet redesigned to meet the requirements for advanced air bags. We 
    note that injury criteria cannot be viewed in isolation. They apply 
    both in the context of individual tests and in the context of arrays of 
    tests. If the tests are more (or less) severe, the appropriate criteria 
    may be less (or more) severe. There may be no direct relationship 
    between the two.
        As a possible exception to requiring vehicles produced between the 
    time the final rule becomes effective and the time the phase-in is 
    complete to comply with and be certified to the current requirements 
    and current injury criteria or to the requirements for advanced air 
    bags and new injury criteria, we request comments on whether we should 
    permit manufacturers to immediately certify their vehicles to whatever 
    set of unbelted crash test requirements applicable to 50th percentile 
    adult male dummies is adopted for the final rule, as an alternative to 
    the currently available sled test or unbelted up-to-48 km/h (30 mph) 
    rigid barrier test. As discussed earlier in this document, we believe 
    the sled test has significant limitations as compared to a crash test. 
    Therefore, to the extent vehicle manufacturers wished to immediately 
    design and certify vehicles to whatever set of unbelted crash test 
    requirements is included in the final rule, there could be safety 
    benefits.
    5. Time Parameters for Measuring Injury Criteria During Tests
        We have decided to propose specific end points for measuring injury 
    criteria in both crash tests and low-risk deployment tests in order to 
    resolve any uncertainty on the part of vehicle manufacturers and NHTSA 
    as to when the measured injury criteria are relevant.
        In dynamic crash tests, we historically have not measured injury 
    criteria more than 300 milliseconds after the vehicle impacts the 
    barrier. In our experience, additional measurement is unnecessary. 
    Accordingly, we are proposing a 300 millisecond time duration for the 
    dynamic crash tests.
        The low risk deployment tests, which do not involve a complete 
    vehicle crash and are intended only to address the potential adverse 
    effects of an air bag, would not require as long a period of time to 
    measure potential injuries. Accordingly, we are proposing injury 
    measurements up to 100 milliseconds after the air bag deploys.
        Regardless of the time frame used to measure other injury criteria, 
    all dummies would continue to be required to remain fully contained 
    within the test vehicle until physically removed by a technician.
    6. Cruise Controls
        In the NPRM, we asked about possible requirements for turning the 
    cruise controls off when the air bag deploys. We were concerned that 
    the cruise control, if not deactivated, would continue to provide power 
    to the vehicle. This could lead to a runaway condition. Responding auto 
    manufacturers (DaimlerChrysler, General Motors, Ford, Isuzu and the 
    AIAM) saw no justification in turning off the cruise controls when the 
    air bag deploys. Several commenters (JCW Consulting and Parents for 
    Safer Air Bags) supported a requirement for deactivating cruise 
    controls during a crash.
        We are concerned that cruise controls could create a safety problem 
    if they continue to operate after air bag deployment. No manufacturer 
    provided information that its vehicles would not continue to operate on 
    cruise control after a crash for which the air bags deployed. Nor did 
    any indicate that it would be impracticable, or even difficult, to 
    implement an automatic air bag shut-off system. Accordingly, we have 
    decided to propose that cruise controls be deactivated when any stage 
    of an air bag system is deployed. We have included a brief procedure to 
    test whether this requirement is met.
    7. Rescue Operations
        In the NPRM, we also raised the possibility of adding requirements 
    to prevent air bag deployments during rescue operations following a 
    crash. We are aware of scattered reports of air bag deployments that 
    take place after rescue personnel or ``first responders'' begin rescue 
    operations. Many of the responding auto manufacturers (DaimlerChrysler, 
    General Motors, Ford, VW, Toyota and AIAM) saw no justification in 
    going forward with rescue provisions, believing that deactivation time 
    requirements may limit design freedom. However, General Motors pointed 
    out that rescue personnel frequently work under conditions so adverse 
    as to preclude easy ``look-up'' of the information they need to know 
    about deactivation times for a given model and MY of vehicle in any 
    published rescue guideline. The National Transportation Safety Board 
    stated that some universal method of deactivation should be 
    incorporated into air bags to neutralize any potential danger for 
    rescuers.
        We believe that a standardized air bag deactivation time would 
    eliminate confusion and unnecessary delays during rescue work. As 
    stated in our recent publication titled ``Rescue Procedures for Air 
    Bag-equipped Vehicles,'' the air bags in most vehicles are deactivated 
    within a minute or less after battery power is disconnected. We believe 
    that deactivation times are generally decreasing and that a one minute 
    ``keep alive'' period is adequate for deployment requirements. 
    Accordingly, we are proposing to require that all air bags become 
    deactivated after a maximum one-minute ``keep alive'' period has 
    elapsed after the vehicle battery power is disconnected. Again, we have 
    included a brief procedure to test whether this requirement is met.
    8. Assessing Lower Extremity Injury Potential in Offset Deformable 
    Crash Tests
        In the discussion about possible adoption of a 48 to 56 km/h (30 to 
    35 mph) unbelted offset deformable barrier crash test, we note that the 
    test would have greater potential to produce benefits related to injury 
    from intrusion. This would include addressing injuries sustained by 
    lower extremities, such as ankle/foot, tibia, knees, femurs, and the 
    pelvis bone. This type of injury can result in life-long disability.
        Crash data indicate a higher prevalence of lower extremity injuries 
    in offset frontal collisions than in fully distributed frontal impacts. 
    Lower extremity injuries occur at higher frequency at lower offset 
    collision speeds than at comparable distributed collisions, 
    particularly if floor pan intrusion is involved. Analysis of hospital 
    data involving 42 front seat occupants who sustained below-the-
    
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    knee lower limb injuries in frontal crashes showed that the foot ankle-
    complex accounted for nearly two thirds of all lower extremity trauma. 
    This study indicated that direct foot contact with vehicle interior was 
    the major injury mechanism (approximately 70%) while inversion-eversion 
    and dorsiflexion made up the rest of the trauma. Since lower extremity 
    injuries occur frequently, are disabling, and involve large medical 
    costs, vehicle modifications to create a more crashworthy environment 
    for the lower extremities would be an effective means to reduce the 
    incidence and severity of these injuries.
        To assess the likelihood of lower limb injuries in an offset 
    deformable barrier crash test, it would be necessary to modify the 
    existing and proposed Part 572 dummies to add instrumentation to the 
    lower limbs. Currently, none of the Part 572 dummies incorporate 
    instrumentation for measured assessment of potential tibia and ankle-
    foot injuries. However, two instrumented lower limb designs are 
    available for installation on Hybrid III dummies. Denton, Inc. has been 
    selling since the mid-1980's an instrumented tibia for the 50th 
    percentile adult male dummy to assess tibia injury potential primarily 
    due to axial loading. This tibia is a direct replacement for the 
    regular Part 572 Subpart E non-instrumented tibia. The other design, 
    still at the experimental-prototype stage is the THOR-LX being 
    developed under our direction by General Engineering Systems Analysis 
    Company (GESAC) and Applied Safety Technologies Corporation (ASTC). The 
    THOR-LX includes tibia and an ankle foot complex with extensive 
    instrumentation.
        In October 1998, Denton, Inc., announced commercial availability of 
    a 12 channel instrumented tibia for the 5th percentile adult female 
    Hybrid III dummy which can also be used as a direct replacement for the 
    proposed Subpart O dummy's tibia. The Denton-design tibias are covered 
    by Denton patents and to the best of our knowledge Denton is its sole 
    manufacturer and supplier. While the automotive manufacturers have used 
    the Denton tibia for the assessment of injuries based on the tibia 
    index, some researchers have criticized this design for its unusual 
    geometry, which could induce measurement errors. As a result, the tibia 
    index has been considered to be a questionable injury assessment 
    parameter. See ESU paper 98-37-0-11, SAE paper 962424 and SAE paper 
    973301. We have performed limited evaluation of the 50th percentile 
    adult male Denton tibia and found no significant problems in its use 
    for tibia index measurement at the laboratory level, but have little 
    experience in its application on dummies in vehicle crash tests.
        Inasmuch as the 5th percentile adult female instrumented Denton 
    tibia has been commercially available for less than a year, we have 
    neither laboratory nor vehicle experience to determine its utility and 
    practicality when used as part of the Subpart O dummy for lower limb 
    injury assessment purposes.
        The prototype THOR-LX for the 50th percentile adult male Hybrid III 
    dummy has extensive biomechanical benchmarking incorporating a number 
    of humanlike features, and is capable of assessing the potential of 
    tibia, ankle and foot injuries with an extensive array of sensors. The 
    THOR-LX has had limited application in sled tests and vehicle crash 
    tests both at NHTSA and at several vehicle manufacturers.
        Completion of certification of prototype THOR-LX is currently 
    expected by November 1, 1999. Extensive subsequent tests will be 
    required to establish the repeatability and reproducibility of its 
    commercial version in laboratory and vehicle tests, the consistency and 
    utility of the measurements relative to the injury assessment potential 
    and its merits in comparison to the Denton design.
        The design of THOR-LX for the 5th percentile adult female dummy is 
    still to be completed, prototypes built, and evaluated. Earliest 
    estimated availability of THOR-LX prototypes for the 5th percentile 
    adult female Hybrid III dummy is in late spring of 2000. Inasmuch as 
    the design of the THOR-LX has been sponsored by the government, its 
    availability for manufacturing will be free of any restrictions.
        Injury assessment reference values (IARVs) for the Denton type 
    design have been established and published in several technical 
    documents. The IARVs, as published in proceedings of the Advisory Group 
    for Aerospace Research and Development (AGARD), specify for the 5th 
    percentile adult female dummy's tibia an axial compression limit of 
    5104 N (1,147 pounds), and a Tibia Index of 1 for which the critical 
    bending moment is 115 N-m (1,018 lbfin.) and critical compression force 
    at 22.9 kN (5,148 pounds).
        IARVs for the THOR-LX are still to be developed. There is a 
    considerable amount of biomechanics literature to provide a basis for 
    setting of appropriate IARVs, but their interpretation for and 
    applicability to the THOR-LX for injury assessment purposes is still to 
    be done.
        As indicated above, a potential significant advantage to adopting a 
    48 to 56 km/h (30 to 35 mph) unbelted offset deformable barrier crash 
    test would be the benefits associated with reducing the number and 
    severity of lower limb injuries. Recognizing the possibility of 
    adopting this test, we request comments on how we should proceed in 
    upgrading the 5th percentile adult female and 50th percentile adult 
    male dummies so that they are capable of measuring lower limb injury 
    potential, and in selecting/developing appropriate injury criteria.
    9. Hybrid III Dummy Neck
        There have been crash test situations where the agency has observed 
    high neck moments being generated at the upper load cell of the Hybrid 
    III dummy within 20 milliseconds of the initiation of large neck shear 
    loads without observing substantial angular deformation of the dummy 
    neck. While we believe that these are true loads being generated by the 
    restraint system and not artifacts of an inappropriately designed neck 
    transducer, we are uncertain whether this loading condition is 
    biomechanically realistic. That is, the current Hybrid III neck 
    exhibits considerable bending resistance (i.e., inflexibility) at its 
    occipital condyle joint. The inflexibility may allow large moments to 
    be transmitted to the neck by the head without much relative motion. 
    This, in turn, can create a situation in which the angular deflection 
    due to the applied moment is opposed and even sometimes nullified by 
    the superimposed angular deflection induced by the neck's shear force. 
    Thus, high moments can be produced with little observable rotational 
    deformation of the neck. In contrast to this, the human occipital 
    condyle joint appears to have considerable laxity which requires it to 
    experience significant rotation ( 20 degrees of the head 
    with respect to C1) before it can sustain a substantial moment across 
    it. This would suggest that rapid, high moments generated on a dummy 
    without any concomitant head/neck rotation are possibly an artifact of 
    Hybrid III's neck design and not necessarily a real load that 
    contribute to the potential for neck injury.
        We seek comment on whether anyone else using the Hybrid III dummy 
    has experienced this rapidly produced high moment/low angular 
    deflection condition, whether they agree or disagree with our analysis 
    of the mechanics and possible consequences of the situation, and 
    whether they have any biomechanical data supporting either maintaining 
    the current neck design or justifying its modification.
    
    [[Page 60597]]
    
        We note that it would not be possible to modify in any significant 
    way the current neck design within the time frame of this rulemaking, 
    i.e., before the March 1, 2000 deadline for a final rule. Moreover, we 
    believe that dummies with the current neck are adequate for measuring 
    risk of neck injury in the proposed tests. To the extent that 
    commenters advocate modifying the neck, we ask them to address how 
    dummies with the current neck should be used in the final rule to 
    measure risk of neck injury.
        There is another technical issue related to the Hybrid III dummy 
    neck for which we are seeking public comment. On the selection of data 
    channel, SAE J 211, paragraph 5, states ``that selection of frequency 
    response class is dependent upon many considerations, some of which may 
    be unique to a particular test.'' Further, SAE J211 notes that ``(t)he 
    channel class recommendations for a particular application should not 
    be considered to imply that all the frequencies passed by that channel 
    are significant for the application.'' In the case of head-to-air bag 
    interaction, the agency observed that the specified channel frequency 
    class (CFC) for the neck at 1,000 for force and 600 for the bending 
    moment admits neck data that has spikes of very short duration that may 
    not be appropriate for evaluating the potential for neck injury to the 
    human. Preliminary evidence indicates that the human neck response 
    under similar impact would respond with considerably lower frequency 
    response class data, which implies that the neck response data when 
    processed for injury assessment should be filtered to a lower CFC level 
    than suggested by SAE J211. Accordingly, the agency seeks comments on 
    an appropriate CFC for evaluating data from neck load cells for injury 
    assessment purposes and whether that CFC should depend on the impact 
    environment (e.g., vehicle crash tests, out-of-position tests, etc.)
    
    H. Relationship Between the NPRM, Comments on the NPRM and This SNPRM
    
        In developing this SNPRM, we have carefully considered all of the 
    comments received in response to the NPRM. Moreover, as discussed 
    throughout this document, we have made many changes in our proposal in 
    response to the public comments.
        Because our SNPRM differs significantly in many aspects from the 
    NPRM, we do not contemplate any further consideration of the comments 
    on the NPRM in developing the final rule. If any persons believe that 
    we did not adequately consider particular issues raised in comments on 
    the NPRM, they should raise those issues again in commenting on the 
    SNPRM. Moreover, they should not merely cite the old comments, but 
    should explain why they believe the issues remain valid in the context 
    of the SNPRM.
    
    IV. Costs and Benefits
    
        We are placing in the docket a revised Preliminary Economic 
    Assessment (PEA) to accompany this SNPRM. The PEA analyzes the 
    potential impact of the proposed performance requirements and 
    associated test procedures for advanced air bag systems. A summary of 
    the PEA follows. We request comments on the analyses and estimates of 
    costs and benefits presented in that document.
    
    Benefits
    
        The assessment provides analyses of the safety benefits from tests 
    that reduce the risk of injury from air bags in low-speed crashes, as 
    well as from tests that improve the overall effectiveness of air bags 
    in high speed crashes. For out-of-position occupants that are at risk 
    of being injured by air bags, the agency estimates that out of 45 at-
    risk drivers that would have been killed with pre-MY 1998 air bags, 21 
    to 39 would be saved with low-risk air bags for the driver side. The 
    agency also estimates that out of 136 passengers that would have been 
    killed with pre-MY 1998 air bags, 91 would be saved with weight sensors 
    and 122 to 132 would be saved with low-risk air bags. Of an estimated 
    37 drivers that would have an MAIS 3-5 injury, 20 to 33 could be 
    prevented by low-risk deployment air bags. Of an estimated 218 
    passengers that would receive MAIS 3-5 injuries, about 149 could be 
    prevented by a weight sensor and 168 to 202 could be prevented with a 
    low-risk deployment air bag.
        The PEA also contains estimates of the benefits of incremental 
    improvements in safety compared to a baseline of pre-MY 1998 air bag 
    vehicles for each compliance scenario. These are calculated by taking 
    the available test data (based on vehicles designed to the 48 kmph (30 
    mph) unbelted test) and determining the benefits of bringing those test 
    scores that are above the proposed injury criteria performance levels 
    down to the level of the proposal in this SNPRM. This methodology 
    assumes that manufacturers would make as few changes as possible to 
    their fleet to meet the new proposals. Thus, it does not assume that 
    manufacturers might completely redesign their air bag fleet if the 
    final rule had a test for the high speed unbelted test other than the 
    48 kmph (30 mph) rigid barrier test. This analysis found that improved 
    safety from vehicles passing the high speed Alternative 1 proposals 
    would save 70 to 226 \26\ lives and prevent 342 to 691 MAIS 2-5 
    injuries. Combining the at-risk benefits and the high speed Alternative 
    1 benefits results in a range of benefits of 161 to 226 lives saved and 
    491 to 691 non-fatal MAIS 2-5 injuries prevented.
    ---------------------------------------------------------------------------
    
        \26\ Estimated benefits from at-risk groups and high speed tests 
    can not be added to get a total since there is an overlap in 
    benefits.
    ---------------------------------------------------------------------------
    
        A similar analysis was prepared for Alternative 2, however, there 
    are such limited data available that the impact is uncertain. To the 
    best of our knowledge, no vehicles have been designed to a 35-56 kmph 
    (22-35 mph) offset deformable barrier test. The analysis for 
    Alternative 2 uses test results from vehicles designed to meet a 30 mph 
    unbelted rigid barrier test. It is questionable whether this gives 
    appropriate results for the future benefits of such a test.
        Another set of analyses compares the data available on redesigned 
    MY 1998/99 air bags compared to pre-MY 1998 air bags to examine how 
    well the redesigned bags are doing compared to their predecessors. 
    Based on the limited data available for analysis, redesigned MY 1998/99 
    air bags appear to have significantly reduced the fatality rate to out-
    of-position occupants in low-speed crashes (less than 25 mph delta V) 
    to about 30 percent of the fatality rate of pre-MY 1998 air bags. 
    However, limited real-world data indicate no statistically significant 
    difference in overall fatality rates between the pre-MY 1998 and MY 
    1998/99 air bags. Most test data between matched pairs of air bag 
    vehicles show no difference for belted occupants and small differences 
    for unbelted occupants when comparing the pre-MY 1998 and MY 1998/99 
    air bags.
        The agency also estimated the benefits of an unbelted 29 to 40 kmph 
    (18 to 25 mph) frontal rigid barrier test coupled with an increase in 
    the belted test from the current up to 48 kmph (30 mph) test to an up 
    to 56 kmph (35 mph) test. Assuming all vehicles air bags were designed 
    to only meet the unbelted 25 mph rigid barrier and oblique tests, an 
    estimated 214 to 397 lives saved by pre-MY 1998 air bags would not be 
    saved. Assuming minor changes to the seat belt and air bag systems of 
    these vehicles to meet the 56 kmph (35 mph) belted test, it is 
    estimated that 6 to 13 belted occupant's lives could be saved by 
    increasing the belted test speed to 56 kmph (35 mph). Overall, 201 to 
    391 lives saved by pre-MY 1998 air bags might not be saved by the 48 
    kmph (25
    
    [[Page 60598]]
    
    mph) unbelted/56 kmph (35 mph) belted option.
        Sensitivity analyses are provided on increases in safety belt use 
    and the impact of using the MY 1998/99 air bags as a baseline for 
    determining benefits.
    
    Sled Tests
    
        NHTSA performed several analyses to estimate the impact of using 
    the sled test in place of the 30 mph barrier test. One analytical 
    approach assumed the possibility that air bags designed to the frontal 
    sled test would provide benefits in full frontal impacts (12 o'clock 
    strikes), but might provide no benefit in partial frontal impacts (10, 
    11, 1, and 2 o'clock strikes). This analysis estimates that if all 
    passenger and driver side air bags were changed to only provide 
    benefits in pure frontals, the only test mode in the sled test, there 
    could be as many as 245 lives that would not be saved by air bags every 
    year for unbelted occupants.
        While the generic sled test has been part of FMVSS 208 since MY 
    1998, these vehicles were not designed from the start with only the 
    generic sled test as the unbelted test, but were redesigned from 
    vehicles originally designed to meet the pre-MY 1998 standards which 
    included a 48 kmph (30 mph) unbelted rigid barrier test. Another set of 
    analyses attempts to provide estimates of the potential loss in 
    benefits if all vehicles were designed to the minimum performance of 
    the generic sled test instead of a full vehicle barrier test in terms 
    of impact severity and speed. The agency estimates that the generic 
    sled test is equivalent to a barrier test of 22 to 25 mph in velocity. 
    The range of estimates are that 214 to 722 fewer fatalities could be 
    prevented if all vehicles were designed to the minimum requirements of 
    a sled test.
    
    Costs
    
        Potential compliance costs for this proposal vary considerably and 
    are dependent upon the method chosen by manufacturers to comply. 
    Methods such as modified fold patterns and inflator adjustments can be 
    accomplished for little or no cost. More sophisticated solutions such 
    as proximity sensors can increase costs significantly. The range of 
    potential costs for the compliance scenarios examined in this analysis 
    is $20-$127 per vehicle (1997 dollars). This amounts to a total 
    potential annual cost of up to $2 billion, based on 15.5 million 
    vehicle sales per year.
    
    Property Damage Savings
    
        Compliance methods that involve the use of suppression technology 
    have the potential to produce significant property damage cost savings 
    because they prevent air bags from deploying unnecessarily. This saves 
    repair costs to replace the passenger side air bag, and frequently to 
    replace windshields damaged by the air bag deployment. Property damage 
    savings from these requirements could total up to $85 over the lifetime 
    of an average vehicle. This amounts to a potential cost savings of 
    nearly $1.3 billion.
    
    Net Cost Per Fatality Prevented
    
        Based on the analysis which assumes manufacturers would make the 
    minimal amount of changes necessary to meet the proposals, net costs 
    per equivalent fatality prevented estimates were made. Property damage 
    savings have the potential to offset all, or nearly all of the cost of 
    meeting this proposal. The maximum range of cost per equivalent 
    fatality saved from the scenarios examined in this analysis is a net 
    savings of $1.3 million per equivalent fatality saved to a net cost of 
    $2.6 million per equivalent fatality saved.
    
    V. Rulemaking Analyses and Notices
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        NHTSA has considered the impact of this rulemaking action under 
    Executive Order 12866 and the Department of Transportation's regulatory 
    policies and procedures. This rulemaking document is economically 
    significant and was reviewed by the Office of Management and Budget 
    under E.O. 12866, ``Regulatory Planning and Review.'' The rulemaking 
    action has also been determined to be significant under the 
    Department's regulatory policies and procedures. NHTSA is placing in 
    the public docket a Preliminary Economic Assessment (PEA) describing 
    the costs and benefits of this rulemaking action. The costs and 
    benefits are summarized earlier in this document.
    
    B. Regulatory Flexibility Act
    
        NHTSA has considered the effects of this rulemaking action under 
    the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) We have prepared 
    an Initial Regulatory Flexibility Analysis (IFRA), which is part of the 
    PEA. The IFRA tentatively concludes that the proposal could affect a 
    substantial number of small businesses, but the economic impact on a 
    substantial number of small businesses need not be significant. Small 
    organizations and small governmental units would not be significantly 
    affected since the potential cost impacts associated with this proposed 
    action should only slightly affect the price of new motor vehicles.
        The proposed rule would directly affect motor vehicle manufacturers 
    and indirectly affect air bag manufacturers, seating manufacturers and 
    dummy manufacturers.
        For passenger car and light truck manufacturers, NHTSA estimates 
    that there are only about four small manufacturers in the United 
    States. These manufacturers serve a niche market, and the agency 
    believes that small manufacturers do not manufacture even 0.1 percent 
    of total U.S. passenger car and light truck production per year. The 
    agency notes that these manufacturers are already required to provide 
    air bags and certify compliance to Standard No. 208's dynamic impact 
    requirements. Since the proposal would add additional test requirements 
    for air bags, it would increase compliance costs for these, as well as 
    other, vehicle manufacturers.
        The agency does not believe that there are any small air bag 
    manufacturers.
        There are several manufacturers of dummies and/or dummy parts. All 
    of them are considered small businesses. While the proposed rule would 
    not impose any requirements on these manufacturers, it would be 
    expected to have a positive impact on these types of small businesses 
    by increasing demand for dummies.
        NHTSA notes that several hundred final stage vehicle manufacturers 
    and alterers could also be affected by this proposal. These 
    manufacturers buy incomplete vehicles, add seating systems to vehicles 
    without seats, and replace existing seats with new ones. If a 
    manufacturer uses a sensing system in the seat for weight or presence 
    sensing, then the second-stage manufacturer or alterer may need to use 
    seats from the original manufacturer or will need to rely on a seat 
    manufacturer to provide the same technology. Otherwise the second-stage 
    manufacturer may need to use the existing seat or else certify 
    compliance with the standard after replacing the seats. We do not have 
    estimates of the costs to these manufacturers at this time. We request 
    those manufacturers to submit estimates as part of their comments on 
    this SNPRM.
        NHTSA knows of 11 suppliers of seating systems that are small 
    businesses. There are about 10 suppliers of seating systems that are 
    not small businesses. The small businesses serve a niche market and 
    provide seats for less than two percent of vehicles. Depending on the 
    technology chosen to meet the proposed advanced air bag rule, these 
    suppliers will need to keep up with emerging technology.
    
    [[Page 60599]]
    
        The agency believes that the economic impact on many of the 
    manufacturers affected by this proposal would be small. While the small 
    vehicle manufacturers would face additional compliance costs, the 
    agency believes that air bag suppliers would likely provide much of the 
    engineering expertise necessary to meet the new requirements, thereby 
    helping to keep the overall impacts small. The agency also notes that, 
    in the unlikely event that a small vehicle manufacturer did face 
    substantial economic hardship, it could apply for a temporary exemption 
    for up to three years. See 49 CFR Part 555. It could subsequently apply 
    for a renewal of such an exemption. The greatest burden would likely be 
    borne by seating manufacturers who do not supply seats to anyone other 
    than second-stage manufacturers and alterers. Depending on the 
    technology employed by the vehicle manufacturers, these seating 
    manufacturers may need to engage in new business arrangements to permit 
    their seats to work with an existing sensing system. While the proposed 
    requirements would increase the demand for dummies, thereby having a 
    positive impact on dummy manufacturers, the agency does not believe 
    that such increased demand would be sufficient to create a significant 
    economic impact on the dummy manufacturers. The agency requests 
    comments concerning the economic impact on small vehicle manufacturers 
    and dummy manufacturers.
        Additional information concerning the potential impacts of the 
    proposed requirements on small entities is presented in the PEA.
    
    C. National Environmental Policy Act
    
        NHTSA has analyzed this proposed amendment for the purposes of the 
    National Environmental Policy Act and determined that it would not have 
    any significant impact on the quality of the human environment.
    
    D. Executive Order 12612 (Federalism)
    
        The agency has analyzed this proposed amendment in accordance with 
    the principles and criteria set forth in Executive Order 12612. NHTSA 
    has determined that the proposed amendment does not have sufficient 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    E. Unfunded Mandates Act
    
        The Unfunded Mandates Reform Act of 1995 requires agencies to 
    prepare a written assessment of the costs, 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 
    (adjusted for inflation with base year of 1995). These effects are 
    discussed above in Section IV of this preamble and in the PEA. The 
    preamble and the PEA also identify and consider a reasonable number of 
    regulatory alternatives for achieving the objectives of TEA 21. Given 
    the requirement that an agency issuing a final rule subject to the Act 
    select the ``least costly, most cost-effective or least burdensome 
    alternative that achieves the objectives of the rule,'' we request 
    comments that will aid the agency in making that selection.
    
    F. Executive Order 12778 (Civil Justice Reform)
    
        This proposed rule does not have any retroactive effect. Under 
    section 49 U.S.C. 30103, 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, except to the extent that the state 
    requirement imposes a higher level of performance and applies only to 
    vehicles procured for the State's use. 49 U.S.C. 30161 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.
    
    G. Paperwork Reduction Act
    
        If made final, this supplemental notice of proposed rulemaking 
    would include the following ``collections of information,'' as that 
    term is defined in 5 CFR Part 1320 Controlling Paperwork Burdens on the 
    Public:
        Air Bag Phase-In Reporting Requirements--Once a year for four 
    years, manufacturers would be required to report to NHTSA their annual 
    production of vehicles with advanced air bags. As previously explained, 
    we have proposed a four year phase-in period that ends in 2005. The 
    Office of Management and Budget has approved NHTSA's collection of this 
    information, assigning the collection OMB clearance no. 2127-0599. If 
    this rule is made final, there would be 1,260 burden hours a year on 
    the public resulting from this collection.
        Air Bag Warning Labels--New air bag warning labels are proposed in 
    this SNPRM. At present, OMB has approved NHTSA's collection of labeling 
    requirements under OMB clearance no. 2127-0512, Consolidated Labeling 
    Requirements for Motor Vehicles (Except the Vehicle Identification 
    Number). This clearance will expire on 6/30/2001, and is cleared for 
    71,095 burden hours on the public.
        NHTSA estimates that the air bag warning labels would increase the 
    information burden on the public as follows. There are 24 motor vehicle 
    manufacturers that would be affected by the air bag warning label 
    requirement, and the labels would be placed on approximately 15,000,000 
    vehicles per year. The label would be placed on each vehicle once. 
    Since NHTSA would specify the exact content of the labels, the 
    manufacturers would spend 0 hours developing the labels. The technical 
    burden (time required for affixing labels) would be .0002 hours per 
    label. NHTSA estimates that the total annual burden imposed on the 
    public as a result of the air bag warning labels would be 3,000 hours 
    (15 million vehicles multiplied by .0002 hours per label). Since the 
    proposed labels would replace existing labels, this constitutes no 
    additional burden on manufacturers.
        Another way of estimating the burden associated with the labels is 
    to assess the non-time related burden, i.e., the costs. The agency 
    requests comments on the costs associated with labeling.
        Advanced Air Bag Information in the Owner's Manual--This rulemaking 
    would require advanced air bag information in the owner's manual that 
    is additional to the information already required under the standard. 
    At present, OMB has approved NHTSA's collection of owner's manual 
    requirements under OMB clearance no. 2127-0541 Consolidated 
    Justification of Owner's Manual Requirements for Motor Vehicles and 
    Motor Vehicle Equipment. This collection includes the burdens that 
    would be imposed as a result of owners' manual information about air 
    bags. This clearance will expire on 10/31/2001 and is cleared for 1,371 
    burden hours on the public.
        Public comment is sought on NHTSA's estimate of the additional 
    burden imposed on the public by the air bag warning label and whether 
    the SNPRM would impose ``collections of information'' in addition to 
    that for which NHTSA has already obtained clearances from OMB.
    
    H. Regulation Identifier Number (RIN)
    
        The Department of Transportation assigns a regulation identifier 
    number (RIN) to each regulatory action listed in the Unified Agenda of 
    Federal Regulations. The Regulatory Information Service Center 
    publishes the Unified Agenda in April and October of each
    
    [[Page 60600]]
    
    year. You may use the RIN contained in the heading at the beginning of 
    this document to find this action in the Unified Agenda.
    
    I. Plain Language
    
        Executive Order 12866 and the President's memorandum of June 1, 
    1998, require each agency to write all rules in plain language. 
    Application of the principles of plain language includes consideration 
    of the following questions:
    
    --Have we organized the material to suit the public's needs?
    --Are the requirements in the rule clearly stated?
    --Does the rule contain technical language or jargon that is not clear?
    --Would a different format (grouping and order of sections, use of 
    headings, paragraphing) make the rule easier to understand?
    --Would more (but shorter) sections be better?
    --Could we improve clarity by adding tables, lists, or diagrams?
    --What else could we do to make the rule easier to understand?
    
        If you have any responses to these questions, please include them 
    in your comments on this SNPRM.
    
    J. Executive Order 13045
    
        Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
    rule that: (1) Is determined to be ``economically significant'' as 
    defined under E.O. 12866, and (2) concerns an environmental, health or 
    safety risk that NHTSA has reason to believe may have a 
    disproportionate effect on children. If the regulatory action meets 
    both criteria, we must evaluate the environmental health or safety 
    effects of the planned rule on children, and explain why the planned 
    regulation is preferable to other potentially effective and reasonably 
    feasible alternatives considered by us.
        This rulemaking directly involves decisions based on health risks 
    that disproportionately affect children, namely, the risk of deploying 
    air bags to children. However, this rulemaking serves to reduce, rather 
    than increase, that risk.
    
    K. National Technology Transfer and Advancement Act
    
        Section 12(d) of the National Technology Transfer and Advancement 
    Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
    consensus standards \27\ in its regulatory activities unless doing so 
    would be inconsistent with applicable law (e.g., the statutory 
    provisions regarding NHTSA's vehicle safety authority) or otherwise 
    impractical. In meeting that requirement, we are required to consult 
    with voluntary, private sector, consensus standards bodies. Examples of 
    organizations generally regarded as voluntary consensus standards 
    bodies include the American Society for Testing and Materials (ASTM), 
    the Society of Automotive Engineers (SAE), and the American National 
    Standards Institute (ANSI). If NHTSA does not use available and 
    potentially applicable voluntary consensus standards, we are required 
    by the Act to provide Congress, through OMB, an explanation of the 
    reasons for not using such standards.
    ---------------------------------------------------------------------------
    
        \27\ Voluntary consensus standards are technical standards 
    developed or adopted by voluntary consensus standards bodies. 
    Technical standards are defined by the NTTAA as ``performance-based 
    or design-specific technical specifications and related management 
    systems practices.'' They pertain to ``products and processes, such 
    as size, strength, or technical performance of a product, process or 
    material.''
    ---------------------------------------------------------------------------
    
        We have incorporated the out-of-position tests one and two 
    developed by the International Standards Organization (ISO) as part of 
    the proposed low-risk deployment tests for the out-of-position 5th 
    percentile adult female on the driver-side air bag and for the 6-year-
    old child on the passenger-side air bag. No other voluntary consensus 
    standards are addressed by this rulemaking.
    
    VI. Submission of Comments
    
    How Can I Influence NHTSA's Thinking on This Proposed Rule?
    
        In developing this SNPRM, we tried to address the concerns of all 
    our stakeholders. Your comments will help us improve this rule. We 
    invite you to provide different views on options we propose, new 
    approaches we have not considered, new data, how this proposed rule may 
    affect you, or other relevant information. We welcome your views on all 
    aspects of this proposed rule, but request comments on specific issues 
    throughout this document. We grouped these specific requests near the 
    end of the sections in which we discuss the relevant issues. Your 
    comments will be most effective if you follow the suggestions below:
        Explain your views and reasoning as clearly as possible.
         Provide solid technical and cost data to support your 
    views.
         If you estimate potential costs, explain how you arrived 
    at the estimate.
         Tell us which parts of the SNPRM you support, as well as 
    those with which you disagree.
         Provide specific examples to illustrate your concerns.
         Offer specific alternatives.
         Refer your comments to specific sections of the SNPRM, 
    such as the units or page numbers of the preamble, or the regulatory 
    sections.
         Be sure to include the name, date, and docket number with 
    your comments.
    
    How do I Prepare and Submit Comments?
    
        Your comments must be written and in English. To ensure that your 
    comments are correctly filed in the Docket, please include the docket 
    number of this document in your comments.
        Your comments must not be more than 15 pages long. (49 CFR 553.21). 
    We established this limit to encourage you to write your primary 
    comments in a concise fashion. However, you may attach necessary 
    additional documents to your comments. There is no limit on the length 
    of the attachments.
        Please submit two copies of your comments, including the 
    attachments, to Docket Management at the address given above under 
    ADDRESSES.
        In addition, for those comments of 4 or more pages in length, we 
    request that you send 10 additional copies, as well as one copy on 
    computer disc, to: Mr. Clarke Harper, Chief, Light Duty Vehicle 
    Division, NPS-11, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 20590. We emphasize that this is not 
    a requirement. However, we ask that you do this to aid us in expediting 
    our review of all comments. The copy on computer disc may be in any 
    format, although we would prefer that it be in WordPerfect 8.
        Comments may also be submitted to the docket electronically by 
    logging onto the Dockets Management System website at http://
    dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
    instructions for filing the document electronically.
    
    How Can I Be Sure That My Comments Were Received?
    
        If you wish Docket Management to notify you upon its receipt of 
    your comments, enclose a self-addressed, stamped postcard in the 
    envelope containing your comments. Upon receiving your comments, Docket 
    Management will return the postcard by mail.
    
    How Do I Submit Confidential Business Information?
    
        If you wish to submit any information under a claim of 
    confidentiality, you should submit three copies of your complete 
    submission, including the
    
    [[Page 60601]]
    
    information you claim to be confidential business information, to the 
    Chief Counsel, NHTSA, at the address given above under FOR FURTHER 
    INFORMATION CONTACT. In addition, you should submit two copies, from 
    which you have deleted the claimed confidential business information, 
    to Docket Management at the address given above under ADDRESSES. When 
    you send a comment containing information claimed to be confidential 
    business information, you should include a cover letter setting forth 
    the information specified in our confidential business information 
    regulation. (49 CFR Part 512.)
    
    Will the Agency Consider Late Comments?
    
        We will consider all comments that Docket Management receives 
    before the close of business on the comment closing date indicated 
    above under DATES. To the extent possible, we will also consider 
    comments that Docket Management receives after that date. If Docket 
    Management receives a comment too late for us to consider it in 
    developing a final rule (assuming that one is issued), we will consider 
    that comment as an informal suggestion for future rulemaking action.
    
    How Can I Read the Comments Submitted by Other People?
    
        You may read the comments received by Docket Management at the 
    address given above under ADDRESSES. The hours of the Docket are 
    indicated above in the same location.
        You may also see the comments on the Internet. To read the comments 
    on the Internet, take the following steps:
        (1) Go to the Docket Management System (DMS) Web page of the 
    Department of Transportation (http://dms.dot.gov/).
        (2) On that page, click on ``search.''
        (3) On the next page (http://dms.dot.gov/search/), type in the 
    four-digit docket number shown at the beginning of this document. 
    Example: If the docket number were ``NHTSA-1998-1234,'' you would type 
    ``1234.'' After typing the docket number, click on ``search.''
        (4) On the next page, which contains docket summary information for 
    the docket you selected, click on the desired comments. You may 
    download the comments.
        Please note that even after the comment closing date, we will 
    continue to file relevant information in the Docket as it becomes 
    available. Further, some people may submit late comments. Accordingly, 
    we recommend that you periodically check the Docket for new material.
    
    List of Subjects
    
    49 CFR Part 552
    
        Administrative practice and procedure, Motor vehicle safety, 
    Reporting and recordkeeping requirements.
    
    49 CFR Part 571
    
        Imports, Motor vehicle safety, Reporting and recordkeeping 
    requirements, Tires.
    
    49 CFR Part 585
    
        Motor vehicle safety, Reporting and recordkeeping requirements.
    
    49 CFR Part 595
    
        Imports, Motor vehicle safety, Motor vehicles.
        In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
    Chapter V as follows:
    
    PART 552--PETITIONS FOR RULEMAKING, DEFECT, AND NON-COMPLIANCE 
    ORDERS
    
        1. The authority citation for Part 552 of Title 49 would continue 
    to read as follows:
    
        Authority: 49 U.S.C. 30111, 30118, and 30162; delegation of 
    authority at 49 CFR 1.50.
    
    
    Sec. 552.1 through 552.10  [Redesignated as Subpart A]
    
        2. Sections 552.1 through 552.10 would be designated as Subpart A 
    and a new subpart heading would be added to read as follows:
    
    Subpart A--General
    
        3. A new subpart B would be added to Part 552 to read as follows:
    
    Subpart B--Petitions for Expedited Rulemaking To Establish Dynamic 
    Automatic Suppression System Test Procedures for Federal Motor Vehicle 
    Safety Standard No. 208, Occupant Crash Protection
    
    Sec.
    552.11  Application.
    552.12  Definitions.
    552.13  Form of petition.
    552.14  Content of petition.
    552.15  Processing of petition.
    
    Subpart B--Petitions for Expedited Rulemaking To Establish Dynamic 
    Automatic Suppression System Test Procedures for Federal Motor 
    Vehicle Safety Standard No. 208, Occupant Crash Protection
    
    
    Sec. 552.11  Application.
    
        This subpart establishes procedures for the submission and 
    disposition of petitions filed by interested parties to initiate 
    rulemaking to add a test procedure to 49 CFR 571.208, S28.
    
    
    Sec. 552.12  Definitions.
    
        For purposes of this subpart, the following definitions apply:
        (a) Dynamic automatic suppression system (DASS) means a portion of 
    an air bag system that automatically controls whether or not the air 
    bag deploys during a crash by:
        (1) Sensing the location of an occupant, moving or still, in 
    relation to the air bag;
        (2) Interpreting the occupant characteristics and location 
    information to determine whether or not the air bag should deploy; and
        (3) Activating or suppressing the air bag system based on the 
    interpretation of characteristics and occupant location information.
        (b) Automatic suppression zone or ASZ means a three-dimensional 
    zone adjacent to the air bag cover, specified by the vehicle 
    manufacturer, where air bag deployment will be suppressed by the DASS 
    if a vehicle occupant enters the zone under specified conditions.
        (c) Standard No. 208 means 49 CFR 571.208.
    
    
    Sec. 552.13  Form of petition.
    
        Each petition filed under this subpart shall--
        (a) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, S.W., Washington, DC 20590.
        (b) Be written in the English language.
        (c) State the name and address of the petitioner.
        (d) Set forth in full the data, views and arguments of the 
    petitioner supporting the requested test procedure, including all of 
    the content information specified by Sec. 552.14. Any documents 
    incorporated by reference in the procedure must be submitted with the 
    petition.
        (e) Specify and segregate any part of the information and data 
    submitted that the petitioner wishes to have withheld from public 
    disclosure in accordance with Part 512 of this chapter.
        (f) Not request confidential treatment for any aspect of the 
    requested test procedure and, to the extent confidential treatment is 
    requested concerning a particular DASS or data and analysis submitted 
    in support of the petition, provide a general non-confidential 
    description of the operation of the DASS and of the data and analysis 
    supporting the petition.
        (g) Set forth a requested effective date and be submitted at least 
    nine months before that date.
    
    [[Page 60602]]
    
    Sec. 552.14  Content of petition.
    
        The petitioner shall provide the following information:
        (a) A set of proposed test procedures for S28.1, S28.2, S28.3, and 
    S28.4 of Federal Motor Vehicle Safety Standard No. 208 which the 
    petitioner believes are appropriate for assessing a particular dynamic 
    automatic suppression system.
        (1) For S28.1 of Standard No. 208, the petitioner shall specify at 
    least one specific position for the Part 572, subpart O 5th percentile 
    female dummy that is:
        (i) Outside but adjacent to the ASZ, and
        (ii) Representative of an occupant position that is likely to occur 
    during a frontal crash.
        (2) For S28.2 of Standard No. 208, the petitioner shall specify at 
    least one specific position for the Part 572 Subpart P 3-year-old child 
    dummy and at least one specific position for the Part 572 Subpart N 6-
    year-old child dummy that are:
        (i) Outside but adjacent to the ASZ, and
        (ii) Representative of occupant positions that are likely to occur 
    during a frontal crash where pre-crash braking occurs.
        (3) For S28.3 of Standard No. 208, the petitioner shall specify a 
    procedure which tests the operation of the DASS by moving a test device 
    toward the driver air bag in a manner that simulates the motion of an 
    occupant during pre-crash braking or other pre-crash maneuver. The 
    petitioner shall include a complete description, including drawings and 
    instrumentation, of the test device employed in the proposed test. The 
    petitioner shall include in the procedure a means for determining 
    whether the driver air bag was suppressed before any portion of the 
    specified test device entered the ASZ during the test. The procedure 
    must also include a means of determining when the specified test device 
    occupies the ASZ.
        (4) For S28.4 of Standard No. 208, the petitioner shall specify a 
    procedure which tests the operation of the DASS by moving a test device 
    toward the passenger air bag in a manner that simulates the motion of 
    an occupant during pre-crash braking or other pre-crash maneuver. The 
    petitioner shall include a complete description, including drawings and 
    instrumentation, of the test device employed in the proposed test. The 
    petitioner shall include in the procedure a means for determining 
    whether the passenger air bag was suppressed before any portion of the 
    specified test device entered the ASZ during the test. The procedure 
    must also include a means of determining when the specified test device 
    occupies the ASZ.
        (b) A complete description and explanation of the particular DASS 
    that the petitioner believes will be appropriately assessed by the 
    recommended test procedures. This must include:
        (1) A complete description of the logic used by the DASS in 
    determining whether to suppress the air bag or allow it to deploy. Such 
    description must include flow charts or similar materials outlining the 
    operation of the system logic, the system reaction time, the time 
    duration used to evaluate whether the air bag should be suppressed or 
    deployed, changes, if any, in system performance based on the size of 
    an occupant and vehicle speed, and a description of the size and shape 
    of the zone where under similar circumstances and conditions the DASS 
    may either allow or suppress deployment. Such description shall also 
    address whether and how the DASS discriminates between an occupant's 
    torso or head entering the ASZ as compared to an occupant's hand or 
    arm, and whether and how the DASS discriminates between an occupant 
    entering the ASZ and an inanimate object such as a newspaper or ball 
    entering the ASZ.
        (2) Detailed specifications for the size and shape of the ASZ, 
    including whether the suppression zone is designed to change size or 
    shape depending on the vehicle speed, occupant size, or other factors.
        (c) Analysis and data supporting the appropriateness, 
    repeatability, reproducibility and practicability of each of the 
    proposed test procedures.
        (1) For the procedures proposed for inclusion in S28.1 and S28.2 of 
    Standard No. 208, the petitioner shall provide the basis for the 
    proposed dummy positions, including but not limited to, why the 
    positions are representative of what is likely to occur in real world 
    crashes.
        (2) For the procedures proposed for inclusion in S28.3 and S28.4 of 
    Standard No. 208, the petitioner shall provide:
        (i) A complete explanation of the means used in the proposed test 
    to ascertain whether the air bag is suppressed or activated during the 
    test.
        (ii) A complete description of the means used to evaluate the 
    ability of a dynamic system to detect and respond to an occupant moving 
    toward an air bag, including the method used to move a test device 
    toward an air bag at speeds representative of occupant movement during 
    pre-crash braking or other pre-crash maneuver.
        (iii) The procedure used for locating the test device inside a test 
    vehicle in preparation for testing, including an accounting of the 
    reference points used to specify such location.
        (iv) An explanation of the methods used to measure the amount of 
    time needed by a suppression system to suppress an air bag once a 
    suppression triggering event occurs.
        (v) High speed film or video of at least two tests of the DASS 
    using the proposed test procedure.
        (vi) Data generated from not less than two tests of the DASS using 
    the proposed test procedure, including an account of the data streams 
    monitored during testing and complete samples of these data streams 
    from not less than two tests performed under the proposed procedure.
        (d) Analysis concerning the variety of potential DASS designs for 
    which the requested test procedure is appropriate; e.g., whether the 
    test procedures are appropriate only for the specific DASS design 
    contemplated by the petitioner, for all DASS designs incorporating the 
    same technologies, or for all DASS designs.
    
    
    Sec. 552.15   Processing of petition.
    
        (a) NHTSA will process any petition that contains the information 
    specified by this subpart. If a petition fails to provide any of the 
    information, NHTSA will not process the petition but will advise the 
    petitioner of the information that must be provided if the agency is to 
    process the petition. The agency will seek to notify the petitioner of 
    any such deficiency within 30 days after receipt of the petition.
        (b) At any time during the agency's consideration of a petition 
    submitted under this part, the Administrator may request the petitioner 
    to provide additional supporting information and data and/or provide a 
    demonstration of any of the requested test procedures. The agency will 
    seek to make any such request within 60 days after receipt of the 
    petition. Such demonstration may be at either an agency designated 
    facility or one chosen by the petitioner, provided that, in either 
    case, the facility must be located in North America. If such a request 
    is not honored to the satisfaction of the agency, the petition will not 
    receive further consideration until the requested information is 
    submitted.
        (c) The agency will publish in the Federal Register either a Notice 
    of Proposed Rulemaking proposing adoption of the requested test 
    procedures, possibly with changes and/or additions, or a notice denying 
    the petition. The agency will seek to issue
    
    [[Page 60603]]
    
    either notice within 120 days after receipt of a complete petition. 
    However, this time period may be extended by any time period during 
    which the agency is awaiting additional information it requests from 
    the petitioner or is awaiting a requested demonstration. The agency 
    contemplates a 30 day comment period for any Notice of Proposed 
    Rulemaking, and will endeavor to issue a final rule within 60 days 
    thereafter.
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        4. The authority citation for Part 571 of Title 49 would continue 
    to read as follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        5. Section 571.208 would be amended by revising S3, S4.5.1 heading, 
    S4.5.1(b)(1), S4.5.1(b)(2), 4.5.1(e), S4.5.1(f), S4.5.4, S5.1, S5.1.1, 
    S5.1.2, S6.1, S6.2, 6.4, S8.1.5 and S13, removing S4.5.5, adding 
    S4.1.5.4, S4.2.6.3, S4.7, S4.8, S4.9, S5.4, S5.4.1, S5.4.2, S5.4.2.1, 
    S5.4.2.2, S5.4.2.3, S5.4.2.4, S6.6, S6.7, S14 through S33.5, and adding 
    new figures 8, 9 and 10 in numerical order and adding Appendix A at the 
    end of the section after the figures to read as follows:
    
    
    Sec. 571.208   Standard No. 208; Occupant crash protection.
    
        [Proposed high speed test Alternative 1--unbelted rigid barrier 
    (29-48 km/h) (18-30 mph), belted rigid barrier (0-48 km/h) (0-30 mph)--
    consists of proposed sections S5.1.1, S5.1.2, S6.1, S6.2(b), S6.3, 
    S6.4(b), S6.5, S6.6, S6.7, S14.3, S15.1, S15.2, S15.3, S15.4, S16.1(a), 
    S16.1(b), S16.2, S16.3, S17.1, and S18. It does not include S5.4 or 
    S17.2, i.e., if Alternative 1 were adopted, neither S5.4 nor S17.2 
    would be adopted. Proposed high speed test Alternative 2--unbelted 
    offset deformable barrier (35-56 km/h) (22-35 mph), belted rigid 
    barrier(0-48 km/h) (0-30 mph)--consists of proposed sections S5.1.1, 
    S5.4, S6.1, S6.2(b), S6.3, S6.4(b), S6.5, S6.6, S6.7, S14.3, S15.1, 
    S15.3, S15.4, S16.1(a), S16.2, S16.3, S17.1, S17.2, and S18. It does 
    not include S5.1.2, S15.2, or S16.1(b), i.e., if Alternative 2 were 
    adopted, neither S5.1.2 nor S15.2 nor S16.1(b) would be adopted.]
    * * * * *
        S3. Application. 
        (a) 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 provide protection to 
    occupants in the event of a crash.
        (b) Notwithstanding any language to the contrary, any vehicle 
    manufactured after March 19, 1997 and before September 1, 2005 that is 
    subject to a dynamic crash test requirement conducted with unbelted 
    dummies may meet the requirements specified in S13 instead of the 
    applicable unbelted requirement, unless the vehicle is certified to 
    meet the requirements specified in S14.3, S15, S17, S19, S21, S23, S25, 
    S30, and S32.
        (c) For vehicles which are certified to meet the requirements 
    specified in S13 instead of the otherwise applicable dynamic crash test 
    requirement conducted with unbelted dummies, compliance with S13 shall, 
    for purposes of Standards No. 201, 203 and 209, be deemed as compliance 
    with the unbelted frontal barrier requirements of S5.1.
    * * * * *
        S4.1.5.4  Passenger cars certified to S14. At each front outboard 
    designated seating position meet the frontal crash protection 
    requirements of S5.1.2 [under Alternative 1] [or] S5.4 [under 
    Alternative 2] by means that require no action by vehicle occupants. 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.
    * * * * *
        S4.2.6.3  Trucks, buses, and multipurpose passenger vehicles with a 
    GVWR of 3,855 kg (8,500 pounds) or less and an unloaded vehicle weight 
    of 2,495 kg (5,500 pounds) or less certified to S14. Each truck, bus, 
    or multipurpose passenger vehicle with a GVWR of 3,855 kg (8,500 
    pounds) or less and an unloaded vehicle weight of 2,495 kg (5,500 
    pounds) or less certified to S14 shall, at each front outboard 
    designated seating position, meet the frontal crash protection 
    requirements of S5.1.2 [under Alternative 1] [or] S5.4 [under 
    Alternative 2] by means that require no action by vehicle occupants. 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.
    * * * * *
        S4.5.1  Labeling and owner's manual information. 
    * * * * *
        (b) * * *
        (1) Except as provided in S4.5.1(b)(2), each vehicle shall have a 
    label permanently affixed to either side of the sun visor, at the 
    manufacturer's option, at each front outboard seating position that is 
    equipped with an inflatable restraint. The label shall conform in 
    content to the label shown in either Figure 6a or 6b of this standard, 
    as appropriate, and shall comply with the requirements of 
    S4.5.1(b)(1)(i) through S4.5.1(b)(1)(iv).
        (i) The heading area shall be yellow with the word ``WARNING'' and 
    the alert symbol in black.
        (ii) The message area shall be white with black text. The message 
    area shall be no less than 30 cm2 (4.7 in2).
        (iii) The pictogram shall be black with a red circle and slash on a 
    white background. The pictogram shall be no less than 30 mm (1.2 
    inches) in diameter.
        (iv) If the vehicle does not have a back seat, the label shown in 
    Figure 6a or 6b may be modified by omitting the statement: ``The BACK 
    SEAT is the SAFEST place for children.''
        (2) Vehicles manufactured after September 1, 2002 and certified to 
    meet the requirements specified in S19, S21, and S23, shall have a 
    label permanently affixed to either side of the sun visor, at the 
    manufacturer's option, at each front outboard seating position that is 
    equipped with an inflatable restraint. The label shall conform in 
    content to the label shown in Figure 8 of this standard and shall 
    comply with the requirements of S4.5.1(b)(2)(i) through 
    S4.5.1(b)(2)(iv).
        (i) The heading area shall be yellow with the word ``CAUTION'' and 
    the alert symbol in black.
        (ii) The message area shall be white with black text. The message 
    area shall be no less than 30 cm2 (4.7 in2).
        (iii) The pictogram shall be black on a white background. The 
    pictogram shall be no less than 30 mm (1.2 inches) in length.
        (iv) If the vehicle does not have a back seat, the label shown in 
    Figure 8 may be modified by omitting the statement: ``The BACK SEAT is 
    the SAFEST place for CHILDREN.''
    * * * * *
        (e) Label on the dashboard.
        (1) Except as provided in S4.5.1(e)(2), each vehicle that is 
    equipped with an inflatable restraint for the passenger position shall 
    have a label attached to a location on the dashboard or the steering 
    wheel hub that is clearly visible
    
    [[Page 60604]]
    
    from all front seating positions. The label need not be permanently 
    affixed to the vehicle. This label shall conform in content to the 
    label shown in Figure 7 of this standard, and shall comply with the 
    requirements of S4.5.1(e)(1)(i) through S4.5.1(e)(1)(iii).
        (i) The heading area shall be yellow with the word ``WARNING'' and 
    the alert symbol in black.
        (ii) The message area shall be white with black text. The message 
    area shall be no less than 30 cm2 (4.7 in2).
        (iii) If the vehicle does not have a back seat, the label shown in 
    Figure 7 may be modified by omitting the statement: ``The back seat is 
    the safest place for children 12 and under.''
        (2) Vehicles manufactured after September 1, 2002 and certified to 
    meet the requirements specified in S19, S21, and S23, that are equipped 
    with an inflatable restraint for the passenger position shall have a 
    label attached to a location on the dashboard or the steering wheel hub 
    that is clearly visible from all front seating positions. The label 
    need not be permanently affixed to the vehicle. This label shall 
    conform in content to the label shown in Figure 9 of this standard, and 
    shall comply with the requirements of S4.5.1(e)(2)(i) through 
    S4.5.1(e)(2)(iii).
        (i) The heading area shall be yellow with black text.
        (ii) The message area shall be white with black text. The message 
    area shall be no less than 30 cm2 (4.7 in2).
        (iii) If the vehicle does not have a back seat, the label shown in 
    Figure 9 may be modified by omitting the statement: ``The back seat is 
    the safest place for children.''
        (f) Information to appear in owner's manual.
        (1) The owner's manual for any vehicle equipped with an inflatable 
    restraint system shall include a description of the vehicle's air bag 
    system in an easily understandable format. The owner's manual shall 
    include a statement to the effect that the vehicle is equipped with an 
    air bag and lap/shoulder belt at one or both front outboard seating 
    positions, and that the air bag is a supplemental restraint at those 
    seating positions. The information shall emphasize that all occupants, 
    including the driver, should always wear their seat belts whether or 
    not an air bag is also provided at their seating position to minimize 
    the risk of severe injury or death in the event of a crash. The owner's 
    manual shall also provide any necessary precautions regarding the 
    proper positioning of occupants, including children, at seating 
    positions equipped with air bags to ensure maximum safety protection 
    for those occupants. The owner's manual shall also explain that no 
    objects should be placed over or near the air bag on the instrument 
    panel, because any such objects could cause harm if the vehicle is in a 
    crash severe enough to cause the air bag to inflate.
        (2) For any vehicle certified to meet the requirements specified in 
    S14.3, S15, S17, S19, S21, S23, S25, S30, and S32, the manufacturer 
    shall also include in the vehicle's owner's manual a discussion of the 
    advanced passenger air bag system installed in the vehicle. The 
    discussion shall be written to explain the proper functioning of the 
    advanced air bag system and shall provide a summary of the actions that 
    may affect the proper functioning of the system. The discussion shall 
    include, as a minimum, the following topics:
        (a) presentation and explanation of the main components of the 
    advanced passenger air bag system.
        (b) explanation of how the components function together as part of 
    the advanced passenger air bag system.
        (c) basic requirements for proper operation, including an 
    explanation of the actions that may affect the proper functioning of 
    the system.
        (d) a complete description of the passenger air bag suppression 
    system installed in the vehicle including a discussion of any 
    suppression zone.
        (e) an explanation of the interaction of the advanced passenger air 
    bag system with other vehicle components, such as seat belts, seats or 
    other components.
        (f) a summary of the expected outcomes when child restraint 
    systems, children and small teenagers or adults are both properly and 
    improperly positioned in the passenger seat, including cautionary 
    advice against improper placement of child restraint systems.
        (g) tips and guidelines to improve consumer understanding of the 
    proper use of the advanced passenger air bag system.
        (h) information on how to contact the vehicle manufacturer 
    concerning modifications for persons with disabilities that may affect 
    the advanced air bag system.
    * * * * *
        S4.5.4  Passenger air bag manual cut-off device. Passenger cars, 
    trucks, buses, and multipurpose passenger vehicles manufactured before 
    September 1, 2005 may be equipped with a device that deactivates the 
    air bag installed at the right front passenger position in the vehicle, 
    if all the conditions in S4.5.4.1 through S4.5.4.4 are satisfied.
    * * * * *
        S4.7  Selection of compliance options. Where manufacturer options 
    are specified, the manufacturer shall select the option by the time it 
    certifies the vehicle and may not thereafter select a different option 
    for the vehicle. Each manufacturer shall, upon request from the Office 
    of Vehicle Safety Compliance, provide information regarding which of 
    the compliance options it has selected for a particular vehicle or 
    make/model.
        S4.8  Values and tolerances. Wherever a range of values or 
    tolerances are specified, requirements shall be met at all values 
    within the range of values or tolerances. All angles and directions 
    (e.g., vertical or horizontal) specified are approximate.
        S4.9  Metric values. Specifications and requirements are given in 
    metric units with English units provided for reference. The metric 
    values are controlling.
    * * * * *
        S5  Occupant crash protection requirements.
        S5.1  Frontal barrier crash test.
        S5.1.1  Belted test. Impact a vehicle traveling longitudinally 
    forward at any speed, up to and including 48 km/h (30 mph), into a 
    fixed rigid 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 
    perpendicular to the line of travel of the vehicle, under the 
    applicable conditions of S8 and S10, including S10.9 (manual belt 
    adjustment). For vehicles certified to S14 of this standard, the test 
    dummy specified in S8.1.8 placed in each front outboard designated 
    seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, 
    S6.4(b), S6.5, and S6.6 of this standard. All other vehicles to which 
    S5.1.1 is applicable shall meet the injury criteria of S6.1, S6.2(a), 
    S6.3, S6.4(a), and S6.5.
        S5.1.2  Unbelted test. Impact a vehicle traveling longitudinally 
    forward at any speed, between 29 km/h (18 mph) and 48 km/h (30 mph), 
    inclusive, into a fixed rigid 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 perpendicular to the line of travel of the vehicle 
    under the applicable conditions of S8 and S10, excluding S10.9. The 
    test dummy specified in S8.1.8 placed in each front outboard designated 
    seating position shall meet the injury criteria of S6.1, S6.2(b), S6.3, 
    S6.4(b), S6.5, and S6.6 of this standard.
    * * * * *
        S5.4  Offset deformable barrier crash test.
        S5.4.1  General provisions. Place a Part 572 Subpart E Hybrid III 
    50th percentile adult male test dummy at each front outboard seating 
    position of
    
    [[Page 60605]]
    
    the vehicle, in accordance with procedures specified in S10. Impact the 
    vehicle traveling longitudinally forward at any speed, between 35.4 km/
    h (22 mph) and 56 km/h (35 mph), inclusive, into a fixed offset 
    deformable barrier under the conditions specified in S5.4.2 of this 
    standard. The test dummies shall meet the injury criteria specified in 
    S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of this standard.
        S5.4.2  Test conditions.
        S5.4.2.1  Offset frontal deformable barrier. The offset frontal 
    deformable barrier shall conform to the specifications set forth in 
    Subpart B of Part 587 of this chapter.
        S5.4.2.2  General test conditions. All of the test conditions 
    specified in S8.1 of this standard apply.
        S5.4.2.3  Dummy seating and positioning. The anthropomorphic test 
    dummies are seated and positioned as specified in S10 of this standard.
        S5.4.2.4  Impact configuration. The test vehicle shall impact the 
    barrier with the longitudinal line of the vehicle parallel to the line 
    of travel, and perpendicular to the barrier face. The test vehicle 
    shall be aligned so that the vehicle strikes the barrier with 40 
    percent overlap on either the left or the right side of the vehicle, 
    with the vehicle's width engaging the barrier face such that the 
    vehicle's longitudinal centerline is offset outboard of the edge of the 
    barrier face by 10 percent of the vehicle's width  25 mm 
    (1.0 inch) as illustrated in Figure 10. The vehicle width is defined as 
    the maximum dimension measured across the widest part of the vehicle, 
    including bumpers and molding but excluding such components as exterior 
    mirrors, flexible mud flaps, marker lamps, and dual rear wheel 
    configurations.
    * * * * *
        S6.1  All portions of the test dummy shall be contained within the 
    outer surfaces of the vehicle passenger compartment.
        S6.2  Head injury criteria.
        (a) The resultant acceleration at the center of gravity of the head 
    shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.010
    
    shall not exceed 1,000 where a is the resultant acceleration expressed 
    as a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 36 millisecond time 
    interval.
        (b) The resultant acceleration at the center of gravity of the head 
    shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.011
    
    shall not exceed 700 where a is the resultant acceleration expressed as 
    a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 15 millisecond time 
    interval.
    * * * * *
        S6.4  Chest deflection.
        (a) Compression deflection of the sternum relative to the spine, as 
    determined by instrumentation shown in drawing 78051-218, revision U 
    incorporated by reference in Part 572, subpart E of this chapter, shall 
    not exceed 76 mm (3 inches).
        (b) Compressive deflection of the sternum relative to the spine, as 
    determined by instrumentation shown in drawing 78051-317, revision A, 
    incorporated by reference in Part 572, subpart E, shall not exceed 63 
    mm (2.5 inches).
    * * * * *
        S6.6  Neck injury. The biomechanical neck injury predictor, Nij, 
    shall not exceed a value of 1.0 at any point in time. The following 
    procedure shall be used to compute Nij. The axial force (Fz) and 
    flexion/extension moment about the occipital condyles (My) shall be 
    used to calculate four combined injury predictors, collectively 
    referred to as Nij. These four combined values represent the 
    probability of sustaining each of four primary types of cervical 
    injuries; namely tension-extension (NTE), tension-flexion 
    (NTF), compression-extension (NCE), and 
    compression-flexion (NCF) injuries. Axial force shall be 
    filtered at SAE class 1000 and flexion/extension moment (My) shall be 
    filtered at SAE class 600. Shear force, which shall be filtered at SAE 
    class 600, is used only in conjunction with the measured moment to 
    calculate the effective moment at the location of the occipital 
    condyles. The equation for calculating the Nij criteria is given by:
    
    Nij = (Fz / Fzc) + (My / Myc)
    
    where Fzc and Myc are critical values corresponding to:
    
    Fzc = 4500 N (1012 lbf) for tension
    Fzc = 4500 N (1012 lbf) for compression
    Myc = 310 Nm (229 lbf-ft) for flexion about occipital condyles
    Myc = 125 Nm (92 lbf-ft) for extension about occipital condyles
    
    Each of the four Nij values shall be calculated at each point in time, 
    and all four values shall not exceed 1.0 at any point in time. When 
    calculating NTE and NTF, all compressive loads 
    shall be set to zero. Similarly, when calculating NCE and 
    NCF, all tensile loads shall be set to zero. In a similar 
    fashion, when calculating NTE and NCE, all 
    flexion moments shall be set to zero. Likewise, when calculating 
    NTF and NCF, all extension moments shall be set 
    to zero.
        S6.7  Test duration for purpose of measuring injury criteria. For 
    tests conducted pursuant to S5.1.1, S5.1.2, and S5.4, the injury 
    criteria shall be met up to 300 milliseconds after the vehicle strikes 
    the barrier.
    * * * * *
        S8.1.5  Movable vehicle windows and vents are placed in the fully 
    closed position, unless the vehicle manufacturer chooses to specify a 
    different adjustment position prior to the time it certifies the 
    vehicle.
    * * * * *
        S13  Alternative unbelted test available, under S3(b) of this 
    standard, for certain vehicles manufactured before September 1, 2005.
    * * * * *
        S14  Advanced air bag requirements for passenger cars and for 
    trucks, buses, and multipurpose passenger vehicles with a GVWR of 3,855 
    kg (8500 pounds) or less and an unloaded vehicle weight of 2,495 kg 
    (5500 pounds) or less, except for walk-in van-type trucks or vehicles 
    designed to be sold exclusively to the U.S. Postal Service.
        S14.1  Vehicles manufactured on or after September 1, 2002 and 
    before September 1, 2005.
        (a) For vehicles manufactured on or after September 1, 2002 and 
    before September 1, 2005, a percentage of the manufacturer's 
    production, as specified in S14.1.1, shall meet the requirements 
    specified in S14.3, S15, S17, S19, S21, S23, S25, S30, and S32 (in 
    addition to the other requirements specified in this standard).
        (b) Manufacturers that manufacture two or fewer carlines, as that 
    term is defined at 49 CFR 583.4, may, at the option of the 
    manufacturer, meet the requirements of this paragraph instead of 
    paragraph (a) of this section. Each vehicle manufactured on or after 
    September 1, 2003 and before September 1, 2005 shall meet the 
    requirements specified in S14.3, S15, S17, S19, S21, S23, S25, S30, and 
    S32 (in addition to the other requirements specified in this standard).
        (c) Each vehicle that is manufactured in two or more stages or that 
    is altered (within the meaning of section 567.7 of
    
    [[Page 60606]]
    
    this chapter) after having previously been certified in accordance with 
    Part 567 of this chapter is not subject to the requirements of S14.1.
        (d) Vehicles manufactured by a manufacturer that produces fewer 
    than 5,000 vehicles worldwide annually are not subject to the 
    requirements of S14.1.
        S14.1.1  Phase-in schedule.
        S14.1.1.1  Vehicles manufactured on or after September 1, 2002 and 
    before September 1, 2003. Subject to S14.1.2(a), for vehicles 
    manufactured by a manufacturer on or after September 1, 2002 and before 
    September 1, 2003, the amount of vehicles complying with S14.3, S15, 
    S17, S19, S21, S23, S25, S30, and S32 shall be not less than 25 percent 
    of:
        (a) The manufacturer's average annual production of vehicles 
    manufactured on or after September 1, 2000 and before September 1, 
    2003, or
        (b) The manufacturer's production on or after September 1, 2002 and 
    before September 1, 2003.
        S14.1.1.2  Vehicles manufactured on or after September 1, 2003 and 
    before September 1, 2004. Subject to S14.1.2(b), for vehicles 
    manufactured by a manufacturer on or after September 1, 2003 and before 
    September 1, 2004, the amount of vehicles complying with S14.3, S15, 
    S17, S19, S21, S23, S25, S30, and S32 shall be not less than 40 percent 
    of:
        (a) The manufacturer's average annual production of vehicles 
    manufactured on or after September 1, 2001 and before September 1, 
    2004, or
        (b) The manufacturer's production on or after September 1, 2003 and 
    before September 1, 2004.
        S14.1.1.3  Vehicles manufactured on or after September 1, 2004 and 
    before September 1, 2005. Subject to S14.1.2(c), for vehicles 
    manufactured by a manufacturer on or after September 1, 2004 and before 
    September 1, 2005, the amount of vehicles complying with S14.3, S15, 
    S17, S19, S21, S23, S25, S30, and S32 shall be not less than 70 percent 
    of:
        (a) The manufacturer's average annual production of vehicles 
    manufactured on or after September 1, 2002 and before September 1, 
    2005, or
        (b) The manufacturer's production on or after September 1, 2004 and 
    before September 1, 2005.
        S14.1.2  Calculation of complying vehicles.
        (a) For the purposes of complying with S14.1.1.1, a manufacturer 
    may count a vehicle if it is manufactured on or after [the date 30 days 
    after publication of the final rule would be inserted], but before 
    September 1, 2003.
        (b) For purposes of complying with S14.1.1.2, a manufacturer may 
    count a vehicle if it:
        (1) Is manufactured on or after [the date 30 days after publication 
    of the final rule would be inserted], but before September 1, 2004, and
        (2) Is not counted toward compliance with S14.1.1.1.
        (c) For purposes of complying with S14.1.1.3, a manufacturer may 
    count a vehicle if it:
        (1) Is manufactured on or after [the date 30 days after publication 
    of the final rule would be inserted], but before September 1, 2005, and
        (2) Is not counted toward compliance with S14.1.1.1 or S14.1.1.2.
        S14.1.3  Vehicles produced by more than one manufacturer.
        S14.1.3.1  For the purpose of calculating average annual production 
    of vehicles for each manufacturer and the number of vehicles 
    manufactured by each manufacturer under S14.1.1, a vehicle produced by 
    more than one manufacturer shall be attributed to a single manufacturer 
    as follows, subject to S14.1.3.2.
        (a) A vehicle which is imported shall be attributed to the 
    importer.
        (b) A vehicle 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.
        S14.1.3.2  A vehicle 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 specified and the manufacturer to which the vehicle would otherwise 
    be attributed under S14.1.3.1.
        S14.2  Vehicles manufactured on or after September 1, 2005. Each 
    vehicle shall meet the requirements specified in S14.3, S15, S17, S19, 
    S21, S23, S25, S30, and S32 (in addition to the other requirements 
    specified in this standard).
        S14.3  Barrier test requirements using 50th percentile adult male 
    dummies.
        S14.3.1  Rigid barrier belted test. Each vehicle that is certified 
    as complying with S14 shall, at each front outboard designated seating 
    position, meet the injury criteria specified in S6.1, S6.2(b), S6.3, 
    S6.4(b), S6.5, and S6.6 when tested under S5.1.1. A vehicle shall not 
    be deemed to be in noncompliance with this paragraph 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 
    requirements of this paragraph.
        S14.3.2  Rigid barrier unbelted test. Each vehicle that is 
    certified as complying with S14 shall comply with the requirements of 
    S4.1.5.4 or S4.2.6.3 by means of an inflatable restraint system at the 
    driver's and right front passenger's position that meets the injury 
    criteria specified in S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 when 
    tested under S5.1.2. A vehicle shall not be deemed to be in 
    noncompliance with this paragraph 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 requirements of this paragraph.
        S14.3.2  Offset deformable barrier unbelted test. Each vehicle that 
    is certified as complying with S14 of this standard shall comply with 
    the requirements of S4.1.5.4 or S4.2.6.3 that meets the injury criteria 
    specified in S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 when tested 
    under S5.4. A vehicle shall not be deemed to be in noncompliance with 
    this paragraph 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 requirements of this paragraph.
        S15  Rigid barrier test requirements using 5th percentile adult 
    female dummies.
        S15.1  Belted test. Each vehicle subject to S15 shall, at each 
    front outboard designated seating position, meet the injury criteria 
    specified in S15.3 of this standard when the vehicle is crash tested in 
    accordance with the procedures specified in S16 of this standard with 
    the anthropomorphic test dummy restrained by a Type 2 seat belt 
    assembly. A vehicle shall not be deemed to be in noncompliance with 
    this paragraph 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 requirements of this paragraph.
        S15.2  Unbelted test. Each vehicle subject to S15 shall, at each 
    front outboard designated seating position, meet the injury criteria 
    specified in S15.3 of this standard when the vehicle is crash tested in 
    accordance with the procedures specified in S16 of this standard with 
    the anthropomorphic test dummy unbelted. A vehicle shall not be deemed 
    to be in noncompliance with this paragraph 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 requirements of 
    this paragraph.
        S15.3  Injury criteria (5th percentile adult female dummy).
    
    [[Page 60607]]
    
        S15.3.1  All portions of the test dummy shall be contained within 
    the outer surfaces of the vehicle passenger compartment.
        S15.3.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.012
    
    shall not exceed 700 where a is the resultant acceleration expressed as 
    a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 15 millisecond time 
    interval.
        S15.3.3  The resultant acceleration calculated from the output of 
    the thoracic instrumentation shown in drawing [a drawing incorporated 
    by reference in Part 572 would be identified in the final rule] shall 
    not exceed 60 g's, except for intervals whose cumulative duration is 
    not more than 3 milliseconds.
        S15.3.4  Compression deflection of the sternum relative to the 
    spine, as determined by instrumentation shown in drawing [a drawing 
    incorporated by reference in Part 572 would be identified in the final 
    rule] shall not exceed 52 mm (2.0 inches).
        S15.3.5  The force transmitted axially through each thigh shall not 
    exceed 6805 N (1530 pounds).
        S15.3.6  The biomechanical neck injury predictor, Nij, shall not 
    exceed a value of 1.0 at any point in time. The following procedure 
    shall be used to compute Nij. The axial force (Fz) and flexion/
    extension moment about the occipital condyles (My) shall be used to 
    calculate four combined injury predictors, collectively referred to as 
    Nij. These four combined values represent the probability of sustaining 
    each of four primary types of cervical injuries; namely tension-
    extension (NTE), tension-flexion (NTF), 
    compression-extension (NCE), and compression-flexion 
    (NCF) injuries. Axial force shall be filtered at SAE class 
    1000 and flexion/extension moment (My) shall be filtered at SAE class 
    600. Shear force, which shall be filtered at SAE class 600, is used 
    only in conjunction with the measured moment to calculate the effective 
    moment at the location of the occipital condyles. The equation for 
    calculating the Nij criteria is given by:
    
    Nij = (Fz / Fzc) + (My / Myc)
    
    where Fzc and Myc are critical values corresponding to:
    
    Fzc = 3370 N (758 lbf) for tension
    Fzc = 3370 N (758 lbf) for compression
    Myc = 155 Nm (114 lbf-ft) for flexion about occipital condyles
    Myc = 62 Nm (46 lbf-ft) for extension about occipital condyles
    
    Each of the four Nij values shall be calculated at each point in time, 
    and all four values shall not exceed 1.0 at any point in time. When 
    calculating NTE and NTF, all compressive loads 
    shall be set to zero. Similarly, when calculating NCE and 
    NCF, all tensile loads shall be set to zero. In a similar 
    fashion, when calculating NTE and NCE, all 
    flexion moments shall be set to zero. Likewise, when calculating 
    NTF and NCF, all extension moments shall be set 
    to zero.
        S15.4  Test duration for purpose of measuring injury criteria. For 
    tests conducted pursuant to S15 and S17, the injury criteria of S15.3 
    shall be met up to 300 milliseconds after the vehicle strikes the 
    barrier. For tests conducted pursuant to S26, the injury criteria shall 
    be met up to 100 milliseconds after the air bag deploys.
        S16.  Test procedures for rigid barrier test requirements using 5th 
    percentile adult female dummies.
        S16.1  General provisions. Crash testing to determine compliance 
    with the requirements of S15 of this standard is conducted as specified 
    in the following paragraphs (a) and (b).
        (a) Belted test. Place a Part 572 Subpart O 5th percentile adult 
    female test dummy at each front outboard seating position of a vehicle, 
    in accordance with procedures specified in S16.3 of this standard, 
    including S16.3.5. Impact the vehicle traveling longitudinally forward 
    at any speed, up to and including 48 km/h (30 mph), into a fixed rigid 
    barrier that is perpendicular within a tolerance of  5 
    degrees to the line of travel of the vehicle under the applicable 
    conditions of S16.2 of this standard. The dummies shall meet the injury 
    criteria specified in S15.3 of this standard.
        (b) Unbelted test. Place a Part 572 Subpart O 5th percentile adult 
    female test dummy at each front outboard seating position of a vehicle, 
    in accordance with procedures specified in S16.3 of this standard, 
    except S16.3.5. Impact the vehicle traveling longitudinally forward at 
    any speed, from 29 km/h (18 mph) to 48 km/h (30 mph), inclusive, into a 
    fixed rigid barrier that is perpendicular within a tolerance of 
    5 degrees to the line of travel of the vehicle under the 
    applicable conditions of S16.2 of this standard. The test dummies shall 
    meet the injury criteria specified in S15.3 of this standard.
        S16.2  Test conditions.
        S16.2.1  The vehicle, including test devices and instrumentation, 
    is loaded as in S8.1.1.
        S16.2.2  Movable vehicle windows and vents are placed in the fully 
    closed position, unless the vehicle manufacturer chooses to specify a 
    different adjustment position prior to the time the vehicle is 
    certified.
        S16.2.3  Convertibles and open-body type vehicles have the top, if 
    any, in place in the closed passenger compartment configuration.
        S16.2.4  Doors are fully closed and latched but not locked.
        S16.2.5  The dummy is clothed in form fitting cotton stretch 
    garments with short sleeves and above the knee length pants. A size 8W 
    shoe which meets the configuration and size specifications of MIL-S 
    13912 change ``P'' or its equivalent is placed on each foot of the test 
    dummy.
        S16.2.6  Limb joints are set at 1 g, barely restraining the weight 
    of the limb when extended horizontally. Leg joints are adjusted with 
    the torso in the supine position.
        S16.2.7  Instrumentation shall not affect the motion of dummies 
    during impact.
        S16.2.8   The stabilized temperature of the dummy is at any level 
    between 20 deg. C and 22 deg. C (68 deg. F to 71.6 deg. F).
        S16.2.9  Steering wheel adjustment.
        S16.2.9.1  Adjust a tiltable steering wheel, if possible, so that 
    the steering wheel hub is at the geometric center when moved through 
    its full range of driving positions.
        S16.2.9.2  If there is no setting detent at the mid position, lower 
    the steering wheel to the detent just below the mid position.
        S16.2.9.3  If the steering column is telescoping, place the 
    steering column as close as possible to the mid position.
        S16.2.10  Pedal adjustment. If pedals can be adjusted, adjust them 
    to the full rear position (towards the rear of the vehicle) or until 
    the pedal makes contact with the feet as defined in S16.3.2.3.
        S16.2.11  Driver and passenger seat set-up.
        S16.2.11.1  Seat position adjustment.
        S16.2.11.1.1  If a seat is adjustable in the fore and aft and/or 
    vertical directions, move the seat to the forwardmost seat track 
    position and full down vertical position.
        S16.2.11.1.2  Establish a reference line on the seat pan in a 
    horizontal plane.
        S16.2.11.1.3  Measure and record the seat pan angle with respect to 
    the reference line established in S16.2.11.1.2.
        S16.2.11.1.4  Adjust the seat vertically to the mid-height 
    position. If
    
    [[Page 60608]]
    
    possible, maintain the seat pan reference angle measured in the full 
    down and full forward condition in S16.2.11.1.3.
        S16.2.11.2  Lumbar support adjustment. Position adjustable lumbar 
    supports so that the lumbar support is in its lowest, retracted or 
    deflated adjustment position.
        S16.2.11.3  Side bolster adjustment. Position adjustable seat 
    cushion or seat back side bolsters so that they are in the lowest or 
    most open adjustment position.
        S16.3  Dummy seating positioning procedures. The Part 572 Subpart O 
    5th percentile adult female test dummy is positioned as follows.
        S16.3.1  General provisions and definitions.
        S16.3.1.1  All angles are measured with respect to the horizontal 
    plane.
        S16.3.1.2  The dummy's neck bracket is adjusted to align the zero 
    degree index marks.
        S16.3.1.3  The term ``midsagittal plane'' refers to the vertical 
    plane that separates the dummy into equal left and right halves.
        S16.3.1.4  The term ``vertical longitudinal plane'' refers to a 
    vertical plane parallel to the vehicle's longitudinal centerline.
        S16.3.1.5  The term ``vertical plane'' refers to a vertical plane, 
    not necessarily parallel to the vehicle's longitudinal centerline.
        S16.3.1.6  The term ``transverse instrumentation platform'' refers 
    to the transverse instrumentation surface inside the dummy's skull 
    casting to which the neck load cell mounts. This surface is 
    perpendicular to the skull cap machined inferior superior mounting 
    surface.
        S16.3.1.7.  The term ``thigh'' refers to the femur between, but not 
    including, the knee and the pelvis.
        S16.3.1.8  The term ``leg'' refers to the lower part of the entire 
    leg including the knee.
        S16.3.2  Driver dummy positioning.
        S16.3.2.1  Driver torso/head/seat back angle positioning.
        S16.3.2.1.1  Fully recline the seat back, if adjustable.
        S16.3.2.1.2  Install the dummy into the driver's seat. If 
    necessary, move the seat rearward to facilitate dummy installation. If 
    the seat cushion angle automatically changes as the seat is moved from 
    the full forward position, restore the correct seat cushion angle when 
    measuring the pelvic angle as specified in S16.3.2.1.11.
        S16.3.2.1.3  Bucket seats. Center the dummy on the seat cushion so 
    that its midsagittal plane is vertical and coincides with the 
    longitudinal center of the seat cushion.
        S16.3.2.1.4  Bench seats. Position the midsagittal plane of the 
    dummy vertical and parallel to the vehicle's longitudinal centerline 
    and aligned with the center of the steering wheel rim.
        S16.3.2.1.5  Hold the dummy's thighs down and push rearward on the 
    upper torso until the dummy's pelvic angle measures 30-35 degrees. If 
    it is not possible to achieve a pelvic angle of at least 30 degrees, 
    maximize the dummy's pelvic angle.
        S16.3.2.1.6  Place the legs at 90 degrees to the thighs. Push 
    rearward on the dummy's knees to force the pelvis into the seat so 
    there is no gap between the pelvis and the seat back or until contact 
    occurs between the back of the dummy's calves and the front of the seat 
    cushion such that the angle between the dummy's thighs and legs begins 
    to change.
        S16.3.2.1.7  Gently rock the upper torso relative to the lower 
    torso laterally in a side to side motion three times through a 
     5 degree arc (approximately 51 mm (2 inches) side to side) 
    to reduce friction between the dummy and the seat.
        S16.3.2.1.8  Before proceeding, make sure that the seat has been 
    returned to the full forward position if it has been moved from that 
    location as specified in S16.3.2.1.2. Adjust legs if required.
        S16.3.2.1.9  While holding the thighs in place, rotate the seat 
    back forward until the transverse instrumentation platform of the head 
    is level to within  0.5 degrees, making sure that the 
    pelvis does not interfere with the seat bight. In addition, inspect the 
    abdomen to insure that it is properly installed.
        S16.3.2.1.10  If it is not possible to achieve the head level 
    within  0.5 degrees, minimize the angle and continue to 
    S16.3.2.1.11.
        S16.3.2.1.11  Measure and set the dummy's pelvic angle using the 
    pelvic angle gage (drawing TE-2504, incorporated by reference in Part 
    572, subpart O, of this chapter). The angle shall be set to within 20.0 
    degrees  2.5 degrees. If this is not possible, adjust the 
    pelvic angle as close to 20.0 degrees  2.5 degrees as 
    possible while keeping the transverse instrumentation platform of the 
    head as level as possible as specified in S16.3.2.1.9 and S16.3.2.1.10.
        S16.3.2.1.12.  If the transverse instrumentation platform of the 
    head is still not level, adjust the seat back angle to minimize the 
    angle as much as possible.
        S16.3.2.1.13  In vehicles with a fixed seat back, the lower neck 
    bracket can be adjusted to level the head within  0.5 
    degrees or to minimize the angle as much as possible.
        S16.3.2.2  Driver thigh/knee/leg positioning.
        S16.3.2.2.1  Rest the dummy's thighs against the seat cushion to 
    the extent permitted by the placement of the feet in S16.3.2.3.
        S16.3.2.2.2  Set the initial transverse distance between the 
    longitudinal centerline of the dummy's thighs at the knees at 160 to 
    170 mm (6.3 to 6.7 inches), with the thighs and legs of the dummy in 
    vertical longitudinal planes.
        S16.3.2.2.3.  Move the dummy's right foot to the accelerator pedal 
    by rotating the entire right thigh and leg at the dummy's hip joint 
    while maintaining the dummy's torso setting.
        S16.3.2.2.4  If either knee of the dummy is in contact with the 
    vehicle interior, translate the thigh(s) and leg(s) at the hip joint 
    inboard or outboard with respect to the dummy midsagittal plane until 
    no contact occurs while maintaining the thigh and leg in a vertical 
    plane.
        S16.3.2.2.5  If contact still occurs, rotate the thigh(s) and 
    leg(s) laterally at the hip joint with respect to the dummy midsagittal 
    plane so that it is no longer in the vertical plane and no contact 
    occurs.
        S16.3.2.3  Driver feet positioning.
        S16.3.2.3.1  Rest the right foot of the dummy on the undepressed 
    accelerator pedal with the rearmost point of the heel on the floor pan 
    in the plane of the pedal.
        S16.3.2.3.2  If the ball of the foot does not contact the pedal, 
    change the angle of the foot relative to the leg such that the toe of 
    the foot contacts the undepressed accelerator pedal.
        S16.3.2.3.3  If the foot still cannot contact the undepressed 
    accelerator pedal, place the toe of the foot as close as possible to 
    the pedal.
        S16.3.2.3.4  Place the left foot on the toe board with the rearmost 
    point of the heel resting on the floor pan as close as possible to the 
    point of intersection of the planes described by the toe board and the 
    floor pan.
        S16.3.2.3.5  If the left foot cannot be positioned on the toe 
    board, place the foot flat on the floor pan as far forward as possible.
        S16.3.2.3.6  If the left foot does not contact the floor pan, place 
    the foot parallel to the floor and place the leg as perpendicular to 
    the thigh as possible.
        S16.3.2.4  Driver arm/hand positioning.
        S16.3.2.4.1  Place the dummy's upper arm adjacent to the torso with 
    the arm centerlines as close to vertical as possible.
        S16.3.2.4.2  Place the palms of the dummy in contact with the outer 
    part of the steering wheel rim at its horizontal
    
    [[Page 60609]]
    
    centerline with the thumbs inside the steering wheel rim.
        S16.3.2.4.3  If it is not possible to position the thumbs inside 
    the steering wheel rim at its horizontal centerline, then position them 
    above and as close to the horizontal centerline of the steering wheel 
    rim as possible.
        S16.3.2.4.4  Lightly tape the hands to the steering wheel rim so 
    that if the hand of the test dummy is pushed upward by a force of not 
    less than 9 N (2 pounds) and not more than 22 N (5 pounds), the tape 
    releases the hand from the steering wheel rim.
        S16.3.3  Passenger dummy positioning.
        S16.3.3.1  Passenger torso/head/seat back angle positioning.
        S16.3.3.1.1  Fully recline the seat back, if adjustable.
        S16.3.3.1.2  Install the dummy into the passenger's seat. If 
    necessary, move the seat rearward to facilitate dummy installation. If 
    the seat cushion angle automatically changes as the seat is moved from 
    the full forward position, restore the correct seat cushion angle when 
    measuring the pelvic angle in S16.3.3.1.11.
        S16.3.3.1.3  Bucket seats. Center the dummy on the seat cushion so 
    that its midsagittal plane is vertical and coincides with the 
    longitudinal center of the seat cushion.
        S16.3.3.1.4  Bench seats. The midsagittal plane shall be vertical 
    and parallel to the vehicle's longitudinal centerline and the same 
    distance from the vehicle's longitudinal centerline as the midsaggital 
    plane of the driver dummy.
        S16.3.3.1.5  Hold the dummy's thighs down and push rearward on the 
    upper torso until the dummy's pelvic angle measures 30-35 degrees. If 
    it is not possible to achieve a pelvic angle of at least 30 degrees, 
    maximize the dummy's pelvic angle.
        S16.3.3.1.6  Place the legs at 90 degrees to the thighs. Push 
    rearward on the dummy's knees to force the pelvis into the seat so 
    there is no gap between the pelvis and the seat back or until contact 
    occurs between the back of the dummy's calves and the front of the seat 
    cushion such that the angle of the dummy's legs begins to change.
        S16.3.3.1.7  Gently rock the upper torso relative to the lower 
    torso laterally side to side three times through a  5 
    degree arc (approximately 51 mm (2 inches) side to side) to reduce 
    friction between the dummy and the seat.
        S16.3.3.1.8  Before proceeding, make sure that the seat has been 
    returned to the full forward position if it had been moved from that 
    location as specified in S16.3.3.1.2.
        S16.3.3.1.9  While holding the thighs in place, rotate the seat 
    back forward until the transverse instrumentation platform of the head 
    is level to within  0.5 degrees, making sure that the 
    pelvis does not interfere with the seat bite. In addition, inspect the 
    abdomen to insure that it is properly installed.
        S16.3.3.1.10  If it is not possible to achieve the head level 
    within  0.5 degrees, minimize the angle and continue to 
    S16.3.3.1.11.
        S16.3.3.1.11  Measure and set the dummy's pelvic angle using the 
    pelvic angle gage (drawing TE-2504, incorporated by reference in Part 
    572, Subpart O, of this chapter). The angle shall be set within 20.0 
    degrees 
     2.5 degrees. If this is not possible, adjust the pelvic 
    angle as close to 20.0 degrees  2.5 degrees as possible 
    while keeping the transverse instrumentation platform of the head as 
    level as specified in S16.3.3.1.9 and S16.3.3.1.10.
        S16.3.3.1.12  If the transverse instrumentation platform of the 
    head is still not level, adjust the seat back angle to minimize the 
    angle as much as possible.
        S16.3.3.1.13  In vehicles with a fixed seat back, the lower neck 
    bracket can be adjusted to level the head within 
     0.5 degrees or to minimize the angle as much as possible.
        S16.3.3.2  Passenger thigh/knee/leg positioning.
        S16.3.3.2.1  Rest the dummy's thighs against the seat cushion to 
    the extent permitted by the placement of the feet in S16.3.3.3.
        S16.3.3.2.2  Set the initial transverse distance between the 
    longitudinal centerline of the dummy's thighs at the knees at 160 to 
    170 mm (6.3 to 6.7 inches), with the thighs and legs of the dummy in 
    vertical longitudinal planes.
        S16.3.3.2.3  If either knee of the dummy is in contact with the 
    vehicle interior translate the thigh(s) and leg(s) at the hip joint 
    inboard or outboard with respect to the dummy midsagittal plane until 
    no contact occurs while maintaining the thigh and leg in a vertical 
    plane.
        S16.3.3.2.4  If contact still occurs, rotate the thigh(s) and 
    leg(s) laterally at the hip joint with respect to the dummy midsagittal 
    plane so that it is no longer in the vertical plane and no contact 
    occurs.
        S16.3.3.3  Passenger feet positioning.
        S16.3.3.3.1  Place the passenger's feet flat on the floor pan as 
    far forward as possible.
        S16.3.3.3.2  If either foot does not entirely contact the floor 
    pan, place the foot parallel to the floor and place the legs as 
    perpendicular to the thighs as possible.
        S16.3.3.4  Passenger arm/hand positioning.
        S16.3.3.4.1  Place the dummy's upper arms in contact with the upper 
    seat back and adjacent to the torso.
        S16.3.3.4.2  Place the palms of the dummy in contact with the 
    outside of the thigh.
        S16.3.3.4.3  Place the little fingers in contact with the seat 
    cushion.
        S16.3.4  Driver and passenger head restraint adjustment.
        S16.3.4.1.  Place each adjustable head restraint so that the 
    vertical center of the head restraint is aligned with the center of 
    gravity (CG) of the dummy head.
        S16.3.4.2  If the above position is not attainable, move the 
    vertical center of the head restraint to the closest detent below the 
    center of the head CG.
        S16.3.4.3  If the head restraint has a fore and aft adjustment, 
    place the restraint in the forwardmost position or until contact with 
    the head is made.
        S16.3.4.4  If the head restraint has an automatic adjustment, leave 
    it where the system positions the restraint after the dummy is placed 
    in the seat.
        S16.3.5  Driver and passenger manual belt adjustment (This applies 
    only for tests conducted with a belted dummy.)
        S16.3.5.1  If an adjustable seat belt D-ring anchorage exists, 
    place it in the full down position.
        S16.3.5.2  Place the Type 2 manual belt around the test dummy and 
    fasten the latch.
        S16.3.5.3  Ensure that the dummy's head remains as level as 
    possible, as specified in S16.3.2.1.9 and S16.3.2.1.10.
        S16.3.5.4  Remove all slack from the lap belt. Pull the upper torso 
    webbing out of the retractor and allow it to retract; repeat this 
    operation four times. Apply a 9 N (2 pound force) to 18 N (4 pound 
    force) tension load to the lap belt. If the belt system is equipped 
    with a tension-relieving device, introduce the maximum amount of slack 
    into the upper torso belt that is recommended by the manufacturer 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.
        S17  Offset frontal deformable barrier requirements using 5th 
    percentile adult female dummies.
        S17.1  Each vehicle subject to S17 of this standard shall, at each 
    front outboard designated seating position, meet the injury criteria 
    specified in S15.3 of this standard when the vehicle
    
    [[Page 60610]]
    
    is crash tested in accordance with the procedures specified in S18.1(a) 
    of this standard with the Part 572 Subpart O 5th percentile adult 
    female test dummy restrained by a Type 2 seat belt assembly. A vehicle 
    shall not be deemed to be in noncompliance with this paragraph 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 
    requirements of this paragraph.
        S17.2  Each vehicle subject to S17 of this standard shall, at each 
    front outboard designated seating position, meet the injury criteria 
    specified in S15.3 of this standard when the vehicle is crash tested in 
    accordance with the procedures specified in S18.1(b) of this standard 
    with the dummy unbelted. A vehicle shall not be deemed to be in 
    noncompliance with this paragraph 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 requirements of this paragraph.
        S18  Test procedure for offset frontal deformable barrier 
    requirements using 5th percentile adult female dummies.
        S18.1  General provisions. Crash testing to determine compliance 
    with the requirements of S17 of this standard is conducted as specified 
    in the following paragraphs (a) and (b).
        (a) Belted test. Place a Part 572 Subpart O 5th percentile adult 
    female test dummy at each front outboard seating position of a vehicle, 
    in accordance with procedures specified in S16.3 of this standard, 
    including S16.3.5. Impact the vehicle traveling longitudinally forward 
    at any speed, up to and including 40 km/h (25 mph), into a fixed offset 
    deformable barrier under the conditions specified in S18.2 of this 
    standard, impacting only the driver side of the vehicle. The dummies 
    shall meet the injury criteria specified in S15.3 of this standard.
        (b) Unbelted test. Place a Part 572 Subpart O 5th percentile adult 
    female test dummy at each front outboard seating position of a vehicle, 
    in accordance with procedures specified in S16.3 of this standard, but 
    not including S16.3.5. Impact the vehicle traveling longitudinally 
    forward at any speed, from 35.4 km/h (22 mph) to 56 km/h (35 mph), 
    inclusive, into a fixed offset deformable barrier under the conditions 
    specified in S18.2 of this standard. The dummies shall meet the injury 
    criteria specified in S15.3 of this standard.
        S18.2  Test conditions.
        S18.2.1  Offset frontal deformable barrier. The offset frontal 
    deformable barrier shall conform to the specifications set forth in 
    Subpart B of Part 587 of this chapter.
        S18.2.2  General test conditions. All of the test conditions 
    specified in S16.2 of this standard apply.
        S18.2.3  Dummy seating procedures. Position the anthropomorphic 
    test dummies as specified in S16.3 of this standard.
        S18.2.4  Impact configuration. The test vehicle shall impact the 
    barrier with the longitudinal line of the vehicle parallel to the line 
    of travel and perpendicular to the barrier face. The test vehicle shall 
    be aligned so that the vehicle strikes the barrier with 40 percent 
    overlap on either the left or right side of the vehicle, with the 
    vehicle's width engaging the barrier face such that the vehicle's 
    longitudinal centerline is offset outboard of the edge of the barrier 
    face by 10 percent of the vehicle's width +/-25 mm (1.0 inch) as 
    illustrated in Figure 10. The vehicle width is defined as the maximum 
    dimension measured across the widest part of the vehicle, including 
    bumpers and molding but excluding such components as exterior mirrors, 
    flexible mud flaps, marker lamps, and dual rear wheel configurations.
        S19  Requirements to provide protection for infants in rear facing 
    child restraints.
        S19.1  Each vehicle shall, at the option of the manufacturer, meet 
    the requirements specified in S19.2 or S19.3, under the test procedures 
    specified in S20.
        S19.2  Option 1--Automatic suppression feature. Each vehicle shall 
    meet the requirements specified in S19.2.1 through S19.2.2.
        S19.2.1  The vehicle shall be equipped with an automatic 
    suppression feature for the passenger air bag which results in 
    deactivation of the air bag during each of the static tests specified 
    in S20.2 (using the Part 572 Subpart R 12-month-old CRABI child dummy 
    restrained in any of the child restraints set forth in sections B and C 
    of Appendix A to this section), and activation of the air bag during 
    each of the static tests specified in S20.3 (using the Part 572 Subpart 
    O 5th percentile Hybrid III adult female dummy).
        S19.2.2  The vehicle shall be equipped with a mechanism that 
    indicates whether the occupant restraint system is suppressed. The 
    mechanism need not be located in the occupant compartment.
        S19.2.3  The vehicle shall be equipped with a telltale light on the 
    instrument panel which is illuminated whenever the passenger air bag is 
    deactivated and not illuminated whenever the passenger air bag is 
    activated, except that the telltale need not illuminate when the 
    passenger seat is unoccupied. The telltale:
        (a) Shall be clearly visible from all front seating positions;
        (b) Shall be yellow;
        (c) Shall have the identifying words ``PASSENGER AIR BAG OFF'' on 
    the telltale or within 25 mm (1.0 inch) of the telltale; and
        (d) Shall not be combined with the readiness indicator required by 
    S4.5.2 of this standard.
        S19.3  Option 2--Low risk deployment. Each vehicle shall meet the 
    injury criteria specified in S19.4 of this standard when the passenger 
    air bag is statically deployed in accordance with the procedures 
    specified in S20.4 of this standard.
        S19.4  Injury criteria (12-month-old CRABI dummy).
        S19.4.1  All portions of the test dummy and child restraint shall 
    be contained within the outer surfaces of the vehicle passenger 
    compartment.
        S19.4.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.013
    
    shall not exceed 390 where a is the resultant acceleration expressed as 
    a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 15 millisecond time 
    interval.
        S19.4.3  The resultant acceleration calculated from the output of 
    the thoracic instrumentation shown in drawing [a drawing incorporated 
    by reference in Part 572 would be identified in the final rule] shall 
    not exceed 50 g's, except for intervals whose cumulative duration is 
    not more than 3 milliseconds.
        S19.4.4  The biomechanical neck injury predictor, Nij, shall not 
    exceed a value of 1.0 at any point in time. The following procedure 
    shall be used to compute Nij. The axial force (Fz) and flexion/
    extension moment about the occipital condyles (My) shall be used to 
    calculate four combined injury predictors, collectively referred to as 
    Nij. These four combined values represent the probability of sustaining 
    each of four primary types of cervical injuries; namely tension-
    extension (NTE), tension-flexion (NTF), 
    compression-extension (NCE), and compression-flexion 
    (NCF) injuries. Axial force shall be filtered at SAE class 
    1000 and flexion/extension moment (My) shall be filtered at SAE class 
    600.
    
    [[Page 60611]]
    
    Shear force, which shall be filtered at SAE class 600, is used only in 
    conjunction with the measured moment to calculate the effective moment 
    at the location of the occipital condyles. The equation for calculating 
    the Nij criteria is given by:
    
    Nij = (Fz/Fzc) + (My/Myc)
    
    where Fzc and Myc are critical values corresponding to:
    
    Fzc = 1465 N (329 lbf) for tension
    Fzc = 1465 N (329 lbf) for compression
    Myc = 43 Nm (32 lbf-ft) for flexion about occipital condyles
    Myc = 17 Nm (13 lbf-ft) for extension about occipital condyles
    
    Each of the four Nij values shall be calculated at each point in time, 
    and all four values shall not exceed 1.0 at any point in time. When 
    calculating NTE and NTF, all compressive loads 
    shall be set to zero. Similarly, when calculating NCE and 
    NCF, all tensile loads shall be set to zero. In a similar 
    fashion, when calculating NTE and NCE, all 
    flexion moments shall be set to zero. Likewise, when calculating 
    NTF and NCF, all extension moments shall be set 
    to zero.
        S19.4.5  Test duration for purpose of measuring injury criteria. 
    For tests conducted pursuant to S20.4, the injury criteria shall be met 
    up to 100 milliseconds after the air bag deploys.
        S20  Test procedure for S19.
        S20.1  General provisions. Tests specifying the use of a rear 
    facing child restraint, a convertible child restraint, or car bed may 
    be conducted using any such restraint listed in sections A, B, and C of 
    Appendix A of this standard. The rear facing child restraint, 
    convertible child restraint, or car bed may be unused or used; if used, 
    there must not be any visible damage prior to the test.
        S20.2  Static tests of automatic suppression feature which must 
    result in deactivation of the passenger air bag.
        S20.2.1  Test one--belted rear facing and convertible child 
    restraints.
        S20.2.1.1  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3 and an additional 25 
    degrees in the rearward direction (inclusive).
        S20.2.1.2  Tests in S20.2.1 may be conducted using any child 
    restraint specified in section B or section C of Appendix A.
        S20.2.1.3  If the child restraint is equipped with a handle, tests 
    may be conducted with the handle at either the child restraint 
    manufacturer's recommended position for use in vehicles or in the 
    upright position.
        S20.2.1.4  If the child restraint is equipped with a sunshield, 
    tests may be conducted with the sunshield either fully open or fully 
    closed.
        S20.2.1.5  Tests may be conducted with the child restraint 
    uncovered or with a towel or blanket weighing up to 1.0 kg (2.2 pounds) 
    placed on or over the child restraint in any of the following 
    positions:
        (a) With the blanket covering the top and sides of the child 
    restraint, or
        (b) With the blanket placed from the top of the vehicle's seat back 
    to the forwardmost edge of the child restraint.
        S20.2.1.6  Locate a vertical plane through the longitudinal 
    centerline of the child restraint. This will be referred to as ``Plane 
    A''.
        S20.2.1.7  Locate a vertical plane parallel to the vehicle 
    longitudinal centerline through the geometric center of the right front 
    passenger vehicle seat pan. This will be referred to as ``Plane B''. 
    For vehicles with bench seats, locate a vertical plane parallel to the 
    vehicle longitudinal centerline through the geometric center of the air 
    bag cover. This will be referred to as ``Plane B''.
        S20.2.1.8  Facing rear.
        (a) Align the child restraint system facing rearward such that 
    ``Plane A'' is aligned with ``Plane B''.
        (b) While maintaining the child restraint position achieved in 
    S20.2.1.8(a), secure the child restraint by following, to the extent 
    possible, the child restraint manufacturer's directions regarding 
    proper installation of the restraint in the rear facing mode.
        (c) Cinch the vehicle belts to secure the child restraint in 
    accordance with the procedures specified in Standard No. 213, except 
    that any tension from zero up to 134 N (30 pounds) may be used.
        (d) Position the Part 572 Subpart R 12-month-old CRABI dummy in the 
    child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        (e) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.2.1.9  Facing forward (convertible restraints only).
        (a) Align the child restraint system facing forward such that 
    ``Plane A'' is aligned with ``Plane B''.
        (b) While maintaining the forward facing position achieved in 
    S20.2.1.9(a), secure the child restraint by following, to the extent 
    possible, the child restraint manufacturer's directions regarding 
    proper installation of the restraint in the forward facing mode.
        (c) Cinch the vehicle belts to secure the child restraint in 
    accordance with the procedures specified in Standard No. 213, except 
    that any tension from zero up to 134 N (30 pounds) may be used.
        (d) Position the Part 572 Subpart R 12-month-old CRABI dummy in the 
    child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        (e) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.2.2  Test two--unbelted rear facing and convertible child 
    restraints.
        S20.2.2.1  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3 and an additional 25 
    degrees in the rearward direction (inclusive).
        S20.2.2.2  Tests in S20.2.2 may be conducted using any child 
    restraint specified in section B or section C of Appendix A to this 
    section.
        S20.2.2.3  If the child restraint is equipped with a handle, tests 
    may be conducted with the handle at either the child restraint 
    manufacturer's recommended position for use in vehicles or in the 
    upright position.
        S20.2.2.4  If the child restraint is equipped with a sunshield, 
    tests may be conducted with the sunshield either fully open or fully 
    closed.
        S20.2.2.5  Tests may be conducted with the child restraint 
    uncovered or with a towel or blanket weighing up to 1.0 kg (2.2 pounds) 
    placed on or over the child restraint in any of the following 
    positions:
        (a) With the blanket covering the top and sides of the child 
    restraint, or
        (b) With the blanket placed from the top of the vehicle's seat back 
    to the forwardmost edge of the child restraint.
        S20.2.2.6  Locate a vertical plane through the longitudinal 
    centerline of the child restraint. This will be referred to as ``Plane 
    A''.
        S20.2.2.7  Locate a vertical plane parallel to the vehicle 
    longitudinal centerline through the geometric center of the right front 
    passenger vehicle seat pan. This will be referred to as ``Plane B''. 
    For vehicles with bench seats, locate a vertical plane parallel to the 
    vehicle longitudinal centerline through the geometric center of the air 
    bag cover. This will be referred to as ``Plane B''.
        S20.2.2.8  Facing rear.
        (a) Align the child restraint system facing rearward such that 
    ``Plane A'' is aligned with ``Plane B'' and adjust the forwardmost part 
    of the child restraint
    
    [[Page 60612]]
    
    in ``Plane A'' at any angle up to 45 degrees from ``Plane B''.
        (b) Position the Part 572 Subpart R 12-month-old CRABI dummy in the 
    child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        (c) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.2.2.9  Facing forward.
        (a) Align the child restraint system facing forward such that 
    ``Plane A'' is aligned with ``Plane B'' and adjust the forwardmost part 
    of the child restraint in ``Plane A'' at any angle up to 45 degrees 
    from ``Plane B''.
        (b) Position the Part 572 Subpart R 12-month-old CRABI dummy in the 
    child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        (c) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.2.2.10  Facing forward, tipped on instrument panel (convertible 
    child restraints only).
        (a) Align the child restraint system facing forward such that 
    ``Plane A'' is aligned with ``Plane B''.
        (b) Position the Part 572 Subpart R 12-month-old CRABI dummy in the 
    child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        (c) Tip the rearwardmost part of the child restraint forward toward 
    the instrument panel, while keeping the bottom portion of the child 
    seat in contact with the vehicle seat. Position the child restraint 
    such that it rests against the instrument panel. If the child restraint 
    cannot reach the instrument panel and remain in contact with the 
    vehicle seat, move the vehicle seat forward until contact can be 
    achieved.
        (d) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.2.3  Test three-belted car bed.
        S20.2.3.1  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3 and an additional 25 
    degrees in the rearward direction (inclusive).
        S20.2.3.2  Tests may be conducted using any car bed specified in 
    section A of Appendix A.
        S20.2.3.3  If the car bed is equipped with a handle, tests may be 
    conducted with the handle at either the child restraint manufacturer's 
    recommended position for use in vehicles or in the upright position.
        S20.2.3.4  If the car bed is equipped with a sunshield, tests may 
    be conducted with the sunshield either fully open or fully closed.
        S20.2.3.5  Tests may be conducted with the car bed uncovered or 
    with a towel or blanket weighing up to 1.0 kg (2.2 pounds) placed on or 
    over the child restraint in any of the following positions:
        (a) With the blanket covering the top and sides of the car bed, or
        (b) With the blanket placed from the top of the vehicle's seat back 
    to the forwardmost edge of the car bed.
        S20.2.3.6  Nominal position:
        (a) Install the car bed by following to the extent possible the car 
    bed manufacturer's directions regarding proper installation of the car 
    bed.
        (b) Cinch the vehicle belts to secure the child restraint in 
    accordance with the procedures specified in Standard No. 213, except 
    that any tension from zero up to 134 N (30 pounds) may be used.
        (c) Position the Part 572 Subpart K newborn dummy in the car bed by 
    following, to the extent possible, the car bed manufacturer's 
    instructions for seating infants provided with the car bed.
        (d) Start the vehicle engine and close all vehicle doors. Check 
    whether the air bag is deactivated.
        S20.3  Static tests of automatic suppression feature which must 
    result in activation of the passenger air bag.
        S20.3.1  Place the right front passenger vehicle seat at any seat 
    track location, any seat height, and any seat back angle between the 
    manufacturer's nominal design position for the 50th percentile adult 
    male as specified in S8.1.3 and an additional 25 degrees in the 
    rearward direction (inclusive).
        S20.3.2  Place a Part 572 Subpart O 5th percentile adult female 
    test dummy at the right front seating position of the vehicle, in 
    accordance with procedures specified in S16.3 of this standard, to the 
    extent possible with the seat position that has been selected pursuant 
    to S20.3.1.
        S20.3.3  Start the vehicle engine and then close all vehicle doors.
        S20.3.4  Check whether the air bag is activated.
        S20.4  Low risk deployment test.
        S20.4.1  Position the right front passenger vehicle seat in the 
    full forward seat track position, the highest seat position (if 
    adjustment is available), and adjust the seat back to the nominal 
    design position for a 50th percentile adult male dummy as specified by 
    the vehicle manufacturer.
        S20.4.2  Tests in S20.4 may be conducted using any child restraint 
    specified in section B or section C of Appendix A.
        S20.4.3  Locate a vertical plane through the longitudinal 
    centerline of the child restraint. This will be referred to as ``Plane 
    A''.
        S20.4.4  Locate a vertical plane parallel to the vehicle 
    longitudinal centerline through the geometric center of the air bag 
    cover. This will be referred to as ``Plane B''.
        S20.4.4  Align the child restraint system facing rearward such that 
    ``Plane A'' is aligned with ``Plane B''.
        S20.4.5  While maintaining the child restraint position achieved in 
    S20.4.4, secure the child restraint by following, to the extent 
    possible, the child restraint manufacturer's directions regarding 
    proper installation of the restraint in the rear facing mode.
        S20.4.6  Position the Part 572 subpart R 12-month-old CRABI dummy 
    in the child restraint by following, to the extent possible, the 
    manufacturer's instructions for seating infants provided with the child 
    restraint.
        S20.4.7  Deploy the right front passenger air bag system. If the 
    air bag contains a multistage inflator, any stage or combination of 
    stages may be fired that could deploy in the presence of an infant in a 
    rear-facing child restraint positioned according to S20.2.1 or S20.2.2 
    in a rigid barrier crash test at speeds up to 64 km/h (40 mph).
        S21  Requirements using 3 year old child dummies.
        S21.1  Each vehicle shall, at the option of the manufacturer, meet 
    the requirements specified in S21.2, S21.3, or S21.4 under the test 
    procedures specified in S22.
        S21.2  Option 1--Automatic suppression feature that always 
    suppresses the air bag when a child is present. Each vehicle shall meet 
    the requirements specified in S21.2.1 through S21.2.2.
        S21.2.1  The vehicle shall be equipped with an automatic 
    suppression feature for the passenger air bag which results in 
    deactivation of the air bag during each of the static tests specified 
    in S22.2 (using a child or a Part 572 Subpart P Hybrid III 3-year-old 
    child dummy), and activation of the air bag during each of the static 
    tests specified in S20.3 (using a female or a Part 572 Subpart O Hybrid 
    III 5th percentile adult female dummy).
        S21.2.2  The vehicle shall be equipped with a mechanism that 
    indicates whether the occupant restraint system is suppressed. The 
    mechanism
    
    [[Page 60613]]
    
    need not be located in the occupant compartment.
        S21.2.3  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.3.
        S21.3  Option 2--Dynamic automatic suppression system that 
    suppresses the air bag when an occupant is out of position. (This 
    option is available under the conditions set forth in S27.1.) The 
    vehicle shall be equipped with a dynamic automatic suppression system 
    for the passenger air bag which meets the requirements specified in 
    S27.
        S21.4  Option 3--Low risk deployment. Each vehicle shall meet the 
    injury criteria specified in S21.5 of this standard when the passenger 
    air bag is statically deployed in accordance with the low risk 
    deployment test procedures specified in S22.3.
        S21.5  Injury criteria for Hybrid III 3-year-old child dummy.
        S21.5.1  All portions of the test dummy shall be contained within 
    the outer surfaces of the vehicle passenger compartment.
        S21.5.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.014
    
    shall not exceed 570 where a is the resultant acceleration expressed as 
    a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 15 millisecond time 
    interval.
        S21.5.3  The resultant acceleration calculated from the output of 
    the thoracic instrumentation shown in drawing [a drawing incorporated 
    by reference in Part 572 would be identified in the final rule] shall 
    not exceed 55 g's, except for intervals whose cumulative duration is 
    not more than 3 milliseconds.
        S21.5.4  Compression deflection of the sternum relative to the 
    spine, as determined by instrumentation shown in drawing [a drawing 
    incorporated by reference in Part 572 would be identified in the final 
    rule] shall not exceed 34 millimeters (1.3 inches).
        S21.5.5  The biomechanical neck injury predictor, Nij, shall not 
    exceed a value of 1.0 at any point in time. The following procedure 
    shall be used to compute Nij. The axial force (Fz) and flexion/
    extension moment about the occipital condyles (My) shall be used to 
    calculate four combined injury predictors, collectively referred to as 
    Nij. These four combined values represent the probability of sustaining 
    each of four primary types of cervical injuries; namely tension-
    extension (NTE), tension-flexion (NTF), 
    compression-extension (NCE), and compression-flexion 
    (NCF) injuries. Axial force shall be filtered at SAE class 
    1000 and flexion/extension moment (My) shall be filtered at SAE class 
    600. Shear force, which shall be filtered at SAE class 600, is used 
    only in conjunction with the measured moment to calculate the effective 
    moment at the location of the occipital condyles. The equation for 
    calculating the Nij criteria is given by:
    
    Nij=(Fz/Fzc)+(My/Myc)
    
    where Fzc and Myc are critical values corresponding to:
    
    Fzc=2120 N (477 lbf) for tension
    Fzc=2120 N (477 lbf) for compression
    Myc=68 Nm (50 lbf-ft) for flexion about occipital condyles
    Myc=27 Nm (20 lbf-ft) for extension about occipital condyles
    
    Each of the four Nij values shall be calculated at each point in time, 
    and all four values shall not exceed 1.0 at any point in time. When 
    calculating NTE and NTF, all compressive loads 
    shall be set to zero. Similarly, when calculating NCE and 
    NCF, all tensile loads shall be set to zero. In a similar 
    fashion, when calculating NTE and NCE, all 
    flexion moments shall be set to zero. Likewise, when calculating 
    NTF and NCF, all extension moments shall be set 
    to zero.
        S21.5.5  Test duration for purpose of measuring injury criteria. 
    For tests conducted pursuant to S22.3, the injury criteria shall be met 
    up to 100 milliseconds after the air bag deploys.
        S22  Test procedure for S21.
        S22.1  General provisions and definitions.
        S22.1.1  Tests specifying the use of a forward-facing child seat or 
    booster seat may be conducted using any such seat listed in section C 
    and section D of Appendix A of this standard. The child restraint may 
    be unused or used; if used, there must not be any visible damage prior 
    to the test.
        S22.1.2  The definitions provided in S16.3.1 apply to the tests 
    specified in S22.
        S22.2  Static tests of automatic suppression feature which must 
    result in deactivation of the passenger air bag when a child is 
    present.
        S22.2.1  Test one--child in a forward-facing child seat or booster 
    seat.
        S22.2.1.1  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3.
        S22.2.1.2  Install the forward-facing child seat or booster seat in 
    the right front passenger seat in accordance, to the extent possible, 
    with the child restraint manufacturer's instructions provided with the 
    seat.
        S22.2.1.3  Cinch the vehicle belts to secure the child restraint in 
    accordance with the procedures specified in Standard No. 213, except 
    that any tension from zero up to 134 N (30 pounds) may be used.
        S22.2.1.4  Position the Part 572 Subpart P Hybrid III 3-year-old 
    child dummy seated in the forward-facing child seat or booster seat 
    such that the dummy's lower torso is centered on the forward-facing 
    child seat or booster seat cushion and the dummy's spine is parallel to 
    the forward-facing child seat or booster seat back or, if there is no 
    booster seat back, the vehicle seat back. Place the lower arms at the 
    dummy's side.
        S22.2.1.5  Attach all appropriate forward-facing child seat or 
    booster seat belts, if any, by following, to the extent possible, the 
    manufacturer's instructions for seating children provided with the 
    child restraint.
        S22.2.1.6  Start the vehicle engine and then close all vehicle 
    doors.
        S22.2.1.7  Check whether the air bag is deactivated.
        S22.2.2  Test two--unbelted child.
        S22.2.2.1  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3.
        S22.2.2.2  Place the Part 572 Hybrid III 3-year old child dummy on 
    the right front passenger seat in any of the following positions 
    (without using a forward-facing child restraint or booster seat or the 
    vehicle's seat belts):
        (a) Sitting on seat with back against seat.
        (1) Position the dummy in the seated position and place it on the 
    right front passenger seat.
        (2) Position the upper torso of the dummy against the seat back. In 
    the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the
    
    [[Page 60614]]
    
    bucket seat. Position the dummy's thighs against the seat cushion.
        (3) Allow the legs of the dummy to extend off the surface of the 
    seat. If this positioning of the dummy's legs is prevented by contact 
    with the instrument panel, rotate the leg toward the floor until there 
    is no contact with the instrument panel.
        (4) Rotate the dummy's upper arms down until they contact the seat.
        (5) Rotate the dummy's lower arms until the dummy's hands contact 
    the seat.
        (6) Start the vehicle engine and then close all vehicle doors.
        (7) Check whether the air bag is deactivated.
        (b) Sitting on seat with back not against seat:
        (1) Position the dummy in the seated position and place it on the 
    right front passenger seat.
        (2) In the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the bucket seat. Position the dummy so that 
    the horizontal distance from the dummy's back to the seat back is no 
    less than 25 mm (1 inch) and no more than 150 mm (6 inches), as 
    measured from the dummy's mid-sagittal plane at the mid-sternum level.
        (3) Position the dummy's femurs against the seat cushion.
        (4) Allow the legs of the dummy to extend off the surface of the 
    seat. If this positioning the dummy's legs is prevented by contact with 
    the instrument panel, rotate the leg toward the floor until there is no 
    contact with the instrument panel.
        (5) Rotate the dummy's lower arms until the dummy's hands contact 
    the seat.
        (6) Start the vehicle engine and then close all vehicle doors.
        (7) Check whether the air bag is deactivated.
        (c) Sitting on seat edge, spine vertical, hands by the dummy's 
    side:
        (1) In the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the bucket seat. Position the dummy in the 
    seated position and place it on the right front passenger seat with the 
    dummy's legs positioned 90 degrees (i.e., right angle) from the 
    horizontal.
        (2) Position the dummy forward in the seat such that the legs rest 
    against the front of the seat with the spine in the vertical direction. 
    If the dummy's feet contact the floorboard, rotate the legs forward 
    until the dummy is resting on the seat with the feet positioned flat on 
    the floorboard and the dummy spine vertical.
        (3) Extend the dummy's arms directly in front of the dummy parallel 
    to the floor of the vehicle.
        (4) Lower the dummy's arms such that they contact the seat.
        (5) Start the vehicle engine and then close all vehicle doors.
        (6) Check whether the air bag is deactivated.
        (d) Standing on seat, facing forward:
        (1) Position the dummy in the standing position. The arms may be at 
    any position.
        (2) In the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the bucket seat. Position the dummy on the 
    right front passenger seat cushion facing the front of the vehicle 
    while placing the heels of the dummy feet in contact with the seat 
    back.
        (3) Rest the dummy against the seat back.
        (4) Start the vehicle engine and then close all vehicle doors.
        (5) Check whether the air bag is deactivated.
        (e) Kneeling on seat, facing forward:
        (1) Position the dummy in a kneeling position by rotating the 
    dummy's legs 90 degrees behind the dummy (from the standing position).
        (2) In the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the bucket seat. Position the kneeling dummy 
    in the right front passenger seat with the dummy facing the front of 
    the vehicle. Position the dummy such that the dummy's toes are in 
    contact with the seat back. The arms may be at any position.
        (3) Start the vehicle engine and then close all vehicle doors.
        (4) Check whether the air bag is deactivated.
        (f) Kneeling on seat, facing rearward:
        (1) Position the dummy in a kneeling position by rotating the 
    dummy's legs 90 degrees behind the dummy (from the standing position).
        (2) In the case of vehicles equipped with bench seats, position the 
    midsagittal plane of the dummy vertically and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the center of the steering wheel rim. In the 
    case of vehicles equipped with bucket seats, position the midsagittal 
    plane of the dummy vertically such that it coincides with the 
    longitudinal centerline of the bucket seat. Position the kneeling dummy 
    in the right front passenger seat with the dummy facing the rear of the 
    vehicle. Position the dummy such that the dummy's head is in contact 
    with the seat back. The arms may be at any position.
        (3) Start the vehicle engine and then close all vehicle doors.
        (4) Check whether the air bag is deactivated.
        (g) Lying on seat:
        (1) Lay the dummy on the right front passenger seat such that the 
    following criteria are met:
        (i) The mid-sagittal plane of the dummy is horizontal,
        (ii) The dummy's spine is perpendicular to the vehicle longitudinal 
    axis,
        (iii) The dummy's upper arms are parallel to its spine,
        (iv) A plane passing through the two shoulder joints of the dummy 
    is vertical and intersects the geometric center of the seat bottom (the 
    seat bottom is the plan view part of the seat from the forward most 
    part of the seat back to the forward most part of the seat),
        (v) The anterior of the dummy is facing the vehicle front, and the 
    head is positioned towards the passenger door, and
        (vi) Leg position is not set and can be articulated to fit above 
    conditions.
        (2) If the top of the dummy's head is not within 50 to 100 mm (2-4 
    inches) of the vehicle side door structure, translate the dummy 
    laterally so that the top of the dummy head is 50 to 100 mm (2-4 
    inches) from the vehicle door structure.
    
    [[Page 60615]]
    
        (3) Rotate the thighs toward the chest of the dummy and rotate the 
    legs against the thighs.
        (4) Place the dummy's upper left arm parallel to the vehicle's 
    transverse plane and the lower arm 90 degrees to the upper arm. Rotate 
    the left lower arm down about the elbow joint until movement is 
    obstructed. The final position should resemble a fetal position.
        (5) Start the vehicle engine and then close all vehicle doors.
        (6) Check whether the air bag is deactivated.
        (h) Low risk deployment test position 1.
        (1) Position the dummy in accordance with the position set forth in 
    S22.3.2.
        (2) Start the vehicle engine and then close all vehicle doors.
        (3) Check whether the air bag is deactivated.
        (i) Sitting on seat edge, head contacting the mid-face of the 
    instrument panel.
        (1) Locate and mark the center point of the dummy's rib cage or 
    sternum plate. (The vertical mid-point on the mid-sagittal plane of the 
    frontal chest plate of the dummy). This will be referred to as ``Point 
    A.''
        (2) Locate the point on the air bag module cover that is the 
    geometric center of the air bag module cover. This will be referred to 
    as ``Point B''.
        (3) Locate the horizontal plane that passes through Point B. This 
    will be referred to as ``Plane 1''.
        (4) ``Plane 2'' is defined as the vertical plane which passes 
    through Point B and is parallel to the vehicle's longitudinal axis.
        (5) Move the passenger seat to the full rearward seating position.
        (6) Place the dummy in the front passenger seat such that:
        (i) Point A is located in Plane 2.
        (ii) A vertical plane through the shoulder joints of the dummy is 
    90 degrees to the longitudinal axis of the vehicle.
        (iii) The legs are positioned 90 degrees (right angle) from 
    horizontal.
        (iv) The dummy is positioned forward in the seat such that the legs 
    rest against the front of the seat and such that the dummy's upper 
    spine plate is vertical.
        (7) Rotate the dummy's torso by applying a force towards the front 
    of the vehicle on the spine of the dummy between the shoulder joints. 
    Continue applying force until the head C.G. is in Plane 1, or the spine 
    angle at the upper spine plate is 45 degrees, whichever produces the 
    greatest rotation.
        (8) Move the seat forward until the dummy comes in contact with the 
    forward structure of the vehicle, or the seat is full forward, 
    whichever occurs first.
        (9) To keep the dummy in position, a thread with a maximum breaking 
    strength of 311 N (70 pounds) that does not interfere with the 
    suppression device may be used to hold the dummy.
        (10) Start the vehicle engine and then close all vehicle doors.
        (11) Check whether the air bag is deactivated.
        S22.3  Low risk deployment test (Hybrid III 3-year-old child 
    dummy).
        S22.3.1  Position the dummy according to any of the following 
    positions: Position 1 (S22.3.2) or Position 2 (S22.3.3).
        S22.3.2  Position 1 (chest on instrument panel).
        S22.3.2.1  Locate and mark the center point of the dummy's chest/
    rib plate (the vertical mid-point on the mid-sagittal plane of the 
    frontal chest plate of the dummy). This will be referred to as ``Point 
    A.''
        S22.3.2.2  Locate the point on the air bag module cover that is the 
    geometric center of the air bag module cover. This is referred to as 
    ``Point B.''
        S22.3.2.3  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S22.3.2.4  Locate the vertical plane parallel to the vehicle 
    longitudinal axis and passing through Point B. This will be referred to 
    as ``Plane 2.''
        S22.3.2.5  Move the passenger seat to the full rearward seating 
    position. Place the seat back in the nominal design position for a 50th 
    percentile adult male dummy (S8.1.3) as specified by the vehicle 
    manufacturer.
        S22.3.2.6  Place the dummy in the front passenger seat such that:
        S22.3.2.6.1  Point A is located in Plane 2.
        S22.3.2.6.2  A vertical plane through the dummy shoulder joints is 
    at 90 degrees to the longitudinal axis of the vehicle.
        S22.3.2.6.3  The legs are positioned 90 degrees to the thighs.
        S22.3.2.6.4  The dummy is positioned forward in the seat such that 
    the dummy's upper spine plate is vertical, and the legs rest against 
    the front of the seat.
        S22.3.2.7  Move the dummy forward until the upper torso or head of 
    the dummy makes contact with the instrument panel of the vehicle.
        S22.3.2.8  Once contact is made, raise the dummy vertically until 
    Point A lies within Plane 1 (the vertical height to the center of the 
    air bag) or until a minimum clearance of 6 mm (0.25 inches) between the 
    dummy head and the windshield is attained. If additional height is 
    required, the dummy may be raised with the use of spacers (foam blocks, 
    etc.) placed on the floor of the vehicle.
        S22.3.2.9  Position the upper arms parallel to the spine and rotate 
    the lower arms forward (at the elbow joint) sufficiently to prevent 
    contact with or support from the seat.
        S22.3.2.10  Position the lower limbs of the dummy so that the feet 
    rest flat on the floorboard (or the feet are positioned parallel to the 
    floorboard) of the vehicle and the legs are vertical. If necessary, 
    raise the dummy vertically with the use of spacers (foam blocks, etc.) 
    placed on the floor of the vehicle.
        S22.3.2.11  Support the dummy so that there is minimum interference 
    with the full rotational and translational freedom for the upper torso 
    of the dummy.
        S22.3.2.12  If necessary, tether the upper torso with a thread with 
    a maximum breaking strength of 311 N (70 pounds) such that the tether 
    is not situated in the air bag deployment envelope.
        S22.3.3  Position 2 (head on instrument panel).
        S22.3.3.1  Locate and mark the center point of the dummy's chest/
    rib plate (the vertical mid-point on the mid-sagittal plane of the 
    frontal chest plate of the dummy). This will be referred to as ``Point 
    A.''
        S22.3.3.2  Locate the point on the air bag module cover that is the 
    geometric center of the air bag module cover. This will be referred to 
    as ``Point B.''
        S22.3.3.3  Locate the vertical plane which passes through Point B 
    and is parallel to the vehicle longitudinal axis. This will be referred 
    to as ``Plane 2.''
        S22.3.3.4  Move the passenger seat to the full rearward seating 
    position. Place the seat back in the nominal design position for a 50th 
    percentile adult male (S8.1.3) as specified by the vehicle 
    manufacturer.
        S22.3.3.4  Place the dummy in the front passenger seat such that:
        S22.3.3.4.1  Point A is located in Plane 2.
        S22.3.3.4.2  A vertical plane through the shoulder joints of the 
    dummy is at 90 degrees to the longitudinal axis of the vehicle.
        S22.3.3.4.3  The legs are positioned 90 degrees (right angle) from 
    horizontal.
        S22.3.3.4.4  The dummy is positioned forward in the seat such that 
    the legs rest against the front of the seat and such that the dummy's 
    upper spine plate is from vertical. Note: For some seats, it may not be 
    possible to position the dummy with the legs in the prescribed 
    position. In this situation, rotate the legs forward until the dummy is 
    resting on the seat with the feet
    
    [[Page 60616]]
    
    positioned flat on the floorboard and the dummy's upper spine plate is 
    vertical.
        S22.3.3.5  Move the seat forward, while maintaining the upper spine 
    plate orientation until some portion of the dummy contacts the 
    vehicle's instrument panel.
        S22.3.3.5.1  If contact has not been made with the vehicle's 
    instrument panel at the full forward seating position of the seat, 
    slide the dummy forward on the seat until contact is made. Maintain the 
    upper spine plate orientation.
        S22.3.3.5.2  Once contact is made, rotate the dummy forward until 
    the head and/or upper torso are in contact with the vehicle's 
    instrument panel. Rotation is achieved by applying a force towards the 
    front of the vehicle on the spine of the dummy between the shoulder 
    joints.
        S22.3.3.5.3  Rotate the thighs downward and rotate the legs and 
    feet rearward (toward the rear of vehicle) so as not to impede the 
    rotation of the head/torso into the vehicle's instrument panel.
        S22.3.3.5.4  Reposition the legs so that the feet rest flat on (or 
    parallel to) the floorboard with each ankle joint positioned as nearly 
    as possible to the midsaggital plane of the dummy.
        S22.3.3.5.5  If necessary, tether the upper torso with a thread 
    with a maximum breaking strength of 311 N (70 pounds) and/or place a 
    wedge under the dummy's pelvis. The tether may not be situated in the 
    air bag deployment envelope. Note: If contact with the instrument panel 
    cannot be made by sliding the dummy forward in the seat, then place the 
    dummy in the forward-most position on the seat that will allow the 
    head/upper torso to rest against the instrument panel of the vehicle.
        S22.3.3.6  Position the upper arms parallel to the upper spine 
    plate and rotate the lower arm forward sufficiently to prevent contact 
    with or support from the seat.
        S22.3.4  Deploy the right front passenger air bag. If the air bag 
    contains a multistage inflator, any stage or combination of stages may 
    be fired that could deploy in crashes at or below 29 km/h (18 mph), 
    under the test procedure specified in S22.4.
        S22.4  Test procedure for determining stages of air bags subject to 
    low risk deployment test requirement. In the case of an air bag with a 
    multistage inflator, any stage or combination of stages that fires in 
    the following rigid barrier test may be deployed when conducting the 
    low risk deployment tests described in S22.3, S24.4, and S26.3. Impact 
    the vehicle traveling longitudinally forward at any speed, up to and 
    including 29 km/h (18 mph), into a fixed rigid barrier that is 
    perpendicular 5 degrees to the line of travel of the 
    vehicle under the applicable conditions of S8 of this standard.
        S23  Requirements using 6-year-old child dummies.
        S23.1  Each vehicle shall, at the option of the manufacturer, meet 
    the requirements specified in S23.2, S23.3, or S23.4, under the test 
    procedures specified in S24.
        S23.2  Option 1--Automatic suppression feature that always 
    suppresses the air bag when a child is present. Each vehicle shall meet 
    the requirements specified in S23.2.1 through S23.2.2.
        S23.2.1  The vehicle shall be equipped with an automatic 
    suppression feature for the passenger air bag which results in 
    deactivation of the air bag during each of the static tests specified 
    in S24.2 (using a Part 572 Subpart N Hybrid III 6-year-old child 
    dummy), and activation of the air bag during each of the static tests 
    specified in S20.3 (using a Part 572 Subpart O Hybrid III 5th 
    percentile adult female dummy).
        S23.2.2  The vehicle shall be equipped with a mechanism that 
    indicates whether the occupant restraint system is suppressed. The 
    mechanism need not be located in the occupant compartment.
        S23.2.3  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.3.
        S23.3  Option 2-- Dynamic automatic suppression system that 
    suppresses the air bag when an occupant is out of position. (This 
    option is available under the conditions set forth in S27.1.) The 
    vehicle shall be equipped with a dynamic automatic suppression system 
    for the passenger air bag which meets the requirements specified in 
    S27.
        S23.4  Option 3--Low risk deployment. Each vehicle shall meet the 
    injury criteria specified in S23.5 of this standard when the passenger 
    air bag is statically deployed in accordance with the procedures 
    specified in S24.3.
        S23.5  Injury criteria (Hybrid III 6-year-old child dummy).
        S23.5.1  All portions of the test dummy shall be contained within 
    the outer surfaces of the vehicle passenger compartment.
        S23.5.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP05NO99.015
    
    shall not exceed 700 where a is the resultant acceleration expressed as 
    a multiple of g (the acceleration of gravity), and t1 and 
    t2 are any two points in time during the crash of the 
    vehicle which are separated by not more than a 15 millisecond time 
    interval.
        S23.5.3  The resultant acceleration calculated from the output of 
    the thoracic instrumentation shown in drawing [a drawing incorporated 
    by reference in Part 572 would be identified in the final rule] shall 
    not exceed 60 g's, except for intervals whose cumulative duration is 
    not more than 3 milliseconds.
        S23.5.4  Compression deflection of the sternum relative to the 
    spine, as determined by instrumentation [a drawing incorporated by 
    reference in Part 572 would be identified in the final rule] shall not 
    exceed 40 mm (1.6 inches).
        S23.5.5  The biomechanical neck injury predictor, Nij, shall not 
    exceed a value of 1.0 at any point in time. The following procedure 
    shall be used to compute Nij. The axial force (Fz) and flexion/
    extension moment about the occipital condyles (My) shall be used to 
    calculate four combined injury predictors, collectively referred to as 
    Nij. These four combined values represent the probability of sustaining 
    each of four primary types of cervical injuries; namely, tension-
    extension (NTE), tension-flexion (NTF), 
    compression-extension (NCE), and compression-flexion 
    (NCF) injuries. Axial force shall be filtered at SAE class 
    1000 and flexion/extension moment (My) shall be filtered at SAE class 
    600. Shear force, which shall be filtered at SAE class 600, is used 
    only in conjunction with the measured moment to calculate the effective 
    moment at the location of the occipital condyles. The equation for 
    calculating the Nij criteria is given by:
    
    Nij=(Fz/Fzc)+(My/Myc)
    
    where Fzc and Myc are critical values corresponding to:
    Fzc=2800 N (629 lbf) for tension
    Fzc=2800 N (629 lbf) for compression
    Myc=93 Nm (69 lbf-ft) for flexion about occipital condyles
    Myc=39 Nm (29 lbf-ft) for extension about occipital condyles
    
    Each of the four Nij values shall be calculated at each point in time, 
    and all four values shall not exceed 1.0 at any point in time. When 
    calculating NTE and NTF, all compressive loads 
    shall be set to zero. Similarly, when calculating NCE
    
    [[Page 60617]]
    
    and NCF, all tensile loads shall be set to zero. In a 
    similar fashion, when calculating NTE and NCE, 
    all flexion moments shall be set to zero. Likewise, when calculating 
    NTF and NCF, all extension moments shall be set 
    to zero.
        S23.5.6  Test duration for purpose of measuring injury criteria. 
    For tests conducted pursuant to S23.5, the injury criteria shall be met 
    up to 100 milliseconds after the air bag deploys.
        S24  Test procedure for S23.
        S24.1  General provisions and definitions. Tests specifying the use 
    of a forward-facing child seat or booster seat may be conducted using 
    any seat listed in Section D of Appendix A of this standard. The seat 
    may be used or unused; if used there must not be any visible damage.
        S24.1.2  The definitions provided in S16.3.1 apply to the tests 
    specified in S24.
        S24.2  Static tests of automatic suppression feature which must 
    result in deactivation of the passenger air bag when a child is 
    present.
        S24.2.1  Except as provided in S24.2.2, all tests specified in 
    S22.2 shall be conducted using the 6-year-old Hybrid III child dummy.
        S24.2.2  Exceptions. The tests specified in the following 
    paragraphs of S22.2 shall not be conducted using the 6-year-old Hybrid 
    III child dummy: S22.2.2.2(d), (e), (f), (g), and (h).
        S24.2.3  Sitting back in the seat and leaning on the right front 
    passenger door (This test is conducted using the 6-year-old Hybrid III 
    child dummy but not the 3-year-old Hybrid III child dummy).
        (a) Position the right front passenger vehicle seat at any seat 
    track location, at any seat height, and at any seat back angle between 
    the manufacturer's nominal design position for the 50th percentile 
    adult male as specified in S8.1.3.
        (b) Position the dummy in the seated position and place the dummy 
    in the right front passenger seat.
        (c) Place the dummy's lower torso on the outboard portion of the 
    seat with the dummy's back against the seat back and the dummy's thighs 
    resting on the seat cushion.
        (d) Allow the legs of the dummy to extend off the surface of the 
    seat. If this positioning of the dummy's legs is prevented by contact 
    with the instrument panel, rotate the leg toward the floor until there 
    is no contact with the instrument panel.
        (e) Rotate the dummy's upper arms toward the seat back until they 
    make contact.
        (f) Rotate the dummy's lower arms down until they contact the seat.
        (g) Lean the dummy against the outboard door.
        (h) Close the vehicle's passenger-side vehicle and then start the 
    vehicle engine; close all remaining doors.
        (i) Check whether the air bag is deactivated.
        S24.3  Low risk deployment test (Hybrid III 6-year old child 
    dummy).
        S24.3.1  Position the dummy according to any of the following 
    positions: Position 1 (S24.3.2) or Position 2 (S24.3.3).
        S24.3.2  Position 1 (chest on instrument panel).
        S24.3.2.1  Locate and mark the center point of the dummy's rib cage 
    or sternum plate (the vertical mid-point on the mid-sagittal plane of 
    the frontal chest plate of the dummy). This will be referred to as 
    ``Point A.''
        S24.3.2.2  Locate the point on the air bag module cover that is the 
    geometric center of the air bag module cover. This will be referred to 
    as ``Point B.''
        S24.3.2.3  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S24.3.2.4  Locate the vertical plane parallel to the vehicle 
    longitudinal axis and passing through Point B. This will be referred to 
    as ``Plane 2.''
        S24.3.2.5  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3.
        S24.3.2.6  Place the dummy in the front passenger seat such that:
        S24.3.2.6.1  Point A is located in Plane 2.
        S24.3.2.6.2  A vertical plane through the dummy shoulder joints is 
    at 90 degrees to the longitudinal axis of the vehicle.
        S24.3.2.6.3  The legs are positioned 90 degrees to the thighs.
        S24.3.2.6.4  The dummy is positioned forward in the seat such that 
    the dummy's upper spine plate is 6 degrees forward (toward the front of 
    the vehicle) of the vertical position, and the legs rest against the 
    front of the seat or the feet are resting flat on the floorboard of the 
    vehicle.
        S24.3.2.6.5  Mark this position, and remove the legs at the pelvic 
    interface.
        S24.3.2.7  Move the dummy forward until the upper torso or head of 
    the dummy makes contact with the vehicle's instrument panel.
        S24.3.2.8  Once contact is made, raise the dummy vertically until 
    Point A lies within Plane 1 (the vertical height to the center of the 
    air bag) or until a minimum clearance of 6 mm (0.25 inches) between any 
    part of the dummy head and windshield is attained.
        S24.3.2.9  Position the upper arms parallel to the spine and rotate 
    the lower arms forward (at the elbow joint) sufficiently to prevent 
    contact with or support from the seat.
        S24.3.2.10  Support the dummy so that there is minimum interference 
    with the full rotational and translational freedom for the upper torso 
    of the dummy.
        S24.3.2.10.1  If necessary, tether the upper torso with a thread 
    with a maximum breaking strength of 311 N (70 pounds) such that the 
    tether is not situated in the air bag deployment envelope.
        S24.3.3  Position 2 (head on instrument panel).
        S24.3.3.1  Locate and mark the center point of the dummy's chest/
    rib plate (the vertical mid-point on the mid-sagittal plane of the 
    frontal chest plate of the dummy). This will be referred to as ``Point 
    A.''
        S24.3.3.2  Locate the point on the air bag module cover that is the 
    geometric center of the air bag module cover. This will be referred to 
    as ``Point B.''
        S24.3.3.3  Locate the vertical plane which passes through Point B 
    and is parallel to the vehicle longitudinal axis. This will be referred 
    to as ``Plane 2.''
        S24.3.3.4  Position the right front passenger vehicle seat at any 
    seat track location, at any seat height, and at any seat back angle 
    between the manufacturer's nominal design position for the 50th 
    percentile adult male as specified in S8.1.3.
        S24.3.3.5  Place the dummy in the front passenger seat such that:
        S24.3.3.5.1  Point A is located in Plane 2.
        S24.3.3.5.2  A vertical plane through the shoulder joints of the 
    dummy is at 90 degrees to the longitudinal axis of the vehicle.
        S24.3.3.5.3  The legs are positioned 90 degrees (right angle) from 
    horizontal.
        S24.3.3.5.4  The dummy is positioned forward in the seat such that 
    the legs rest against the front of the seat and such that the dummy's 
    upper spine plate is 6 degrees forward (toward front of vehicle) of the 
    vertical position.
    
        Note: For some seats, it may not be possible to position the 
    dummy with the legs in the prescribed position. In this situation, 
    rotate the legs forward until the dummy is resting on the seat with 
    the feet positioned flat on the floorboard and the dummy's upper 
    spine plate is 6 degrees forward (toward the front of the vehicle) 
    of the vertical position.
    
        S24.3.3.6  Move the seat forward, while maintaining the upper spine 
    plate orientation until some portion of the dummy contacts the 
    vehicle's instrument panel.
    
    [[Page 60618]]
    
        S24.3.3.6.1  If contact has not been made with the vehicle's 
    instrument panel at the full forward seating position of the seat, 
    slide the dummy forward on the seat until contact is made. Maintain the 
    upper spine plate orientation.
        S24.3.3.6.2  Once contact is made, rotate the dummy forward until 
    the head and/or upper torso are in contact with the vehicle's 
    instrument panel. Rotation is achieved by applying a force towards the 
    front of the vehicle on the spine of the dummy between the shoulder 
    joints.
        S24.3.3.6.3  Rotate the legs and feet rearward (toward rear of 
    vehicle) so as not to impede the rotation of the head/torso into the 
    vehicle's instrument panel.
        S24.3.3.6.4  Reposition the legs so that the feet rest flat on (or 
    parallel to) the floorboard with the ankle joints positioned as nearly 
    as possible to the midsaggital plane of the dummy.
        S24.3.3.6.5  If necessary, tether the upper torso with a thread 
    with a maximum breaking strength of 311 N (70 pounds) and/or place a 
    wedge under the dummy's pelvis. The tether may not be situated in the 
    air bag's deployment envelope.
    
        Note: If contact with the instrument panel cannot be made by 
    sliding the dummy forward in the seat, then place the dummy in the 
    forward-most position on the seat that will allow the head/upper 
    torso to rest against the vehicle's instrument panel.
    
        S24.3.3.7  Position the upper arms parallel to the torso and rotate 
    the lower arms forward sufficiently to prevent contact with or support 
    from the seat.
        S24.3.4  Deploy the right front passenger air bag. If the air bag 
    contains a multistage inflator, any stage or combination of stages may 
    be fired that could deploy in crashes at or below 29 km/h (18 mph), 
    under the test procedure specified in S22.4.
        S25  Requirements using an out-of-position 5th percentile adult 
    female dummy at the driver position.
        S25.1  Each vehicle shall, at the option of the manufacturer, meet 
    the requirements specified in S25.2 or S25.3 of this standard.
        S25.2  Option 1--Dynamic automatic suppression system. (This option 
    is available under the conditions set forth in S27.1.) The vehicle 
    shall be equipped with a dynamic automatic suppression system for the 
    driver air bag which meets the requirements specified in S27.
        S25.3  Option 2--Low risk deployment. Each vehicle shall meet the 
    injury criteria specified in S15.3 of this standard when the driver air 
    bag is statically deployed in accordance with the procedures specified 
    in S26 of this standard.
        S26  Test procedure for low risk deployment of driver-side air bag.
        S26.1  Position the Part 571 Subpart O 5th percentile adult female 
    test dummy according to any of the following positions: Driver position 
    1 (S26.2) or Driver position 2 (S26.3).
        S26.2  Driver position 1 (chin on module).
        26.2.1  Adjust the steering controls 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. If there is no setting at 
    the geometric center, position it one setting lower than the geometric 
    center.
        S26.2.2  Locate the point on the air bag module cover that is the 
    geometric center of the steering wheel. This will be referred to as 
    ``Point B.''
        S26.2.3  Locate and mark the center point of the dummy's rib cage 
    or sternum plate (the vertical mid-point on the mid-sagittal plane of 
    the frontal chest plate of the dummy). This will be referred to as 
    ``Point A.''
        S26.2.4  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S26.2.5  Locate the vertical plane perpendicular to Plane 1 and 
    parallel to the vehicle longitudinal axis which passes through Point B. 
    This will be referred to as ``Plane 2.''
        S26.2.6  Move the driver seat to the full rearward seating 
    position. Place the seat back in the nominal design position for a 50th 
    percentile adult male (S8.1.3) as specified by the vehicle 
    manufacturer.
        S26.2.7  Place the dummy in the seat such that:
        S26.2.7.1  Point A is located in Plane 2.
        S26.2.7.2  A vertical plane through the dummy shoulder joints is at 
    90 degrees to the longitudinal axis of the vehicle.
        S26.2.7.3  The legs are positioned 90 degrees to the thighs.
        S26.2.7.4  Rotate the dummy forward until its upper spine plate 
    angle is 6 degrees forward (toward the front of the vehicle) of the 
    steering wheel angle.
        S26.2.8  Adjust the height of the dummy so that the bottom of the 
    chin is in the same horizontal plane as the highest point of the module 
    cover (dummy height can be adjusted using the seat position and/or 
    spacer blocks). If the seat height prevents the bottom of chin from 
    being in the same horizontal plane as the module cover, adjust the 
    dummy height to as close to the prescribed position as possible.
        S26.2.9  Move the dummy forward, maintaining the upper spine plate 
    angle and dummy height until the head or torso contacts the steering 
    wheel.
        S26.2.10  If necessary, a thread with a maximum breaking strength 
    of 311 N (70 pounds) may be used to hold the dummy against the steering 
    wheel. Position the thread so as to eliminate or minimize any contact 
    with the deploying air bag.
        S26.3  Driver position 2 (chin on rim).
        S26.3.1  The driver's seat track is not specified and may be 
    positioned to best facilitate the positioning of the dummy.
        S26.3.2  Locate the point on the air bag module cover that is the 
    geometric center of the steering wheel. This will be referred to as 
    ``Point B.''
        S26.3.3  Locate and mark the center point of the dummy's rib cage 
    or sternum plate (the vertical mid-point on the mid-sagittal plane of 
    the frontal chest plate of the dummy). This will be referred to as 
    ``Point A.''
        S26.3.4  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S26.3.5  Locate the vertical plane perpendicular to Plane 1 which 
    passes through Point B. This will be referred to as ``Plane 2.''
        S26.3.6  Place the dummy in the front driver seat so that Point A 
    is located in Plane 2.
        S26.3.7  Rotate the dummy forward until its upper spine plate is 6 
    degrees forward (toward the front of the vehicle) of the steering wheel 
    angle.
        S26.3.8  Position the dummy so that the center of the chin is in 
    contact with the uppermost portion of the rim of the steering wheel. Do 
    not hook the chin over the top of the rim of the steering wheel. 
    Position the chin to rest on the upper edge of the rim, without loading 
    the neck. If the dummy head contacts the vehicle upper interior before 
    the prescribed position can be obtained, the dummy height may be 
    adjusted as close to the prescribed position as possible, while 
    maintaining a 102 mm (0.4.08 inches) clearance 
    from the vehicle's upper interior.
        S26.3.9  To raise the height of the dummy to attain the required 
    positioning, spacer blocks (foam, etc.) may be placed on the driver's 
    seat beneath the dummy. If necessary, a thread with a maximum breaking 
    strength of 311 N (70 pounds) is used to hold the dummy against the 
    steering wheel. Position the thread so as to eliminate or minimize any 
    contact with the deploying air bag.
        S26.4  Deploy the driver air bag. If the air bag contains a 
    multistage inflator, any stage or combination of stages is fired that 
    may deploy in crashes at or below 29 km/h (18 mph),
    
    [[Page 60619]]
    
    under the test procedure specified in S22.4.
        S27  Option for dynamic automatic suppression system that 
    suppresses the air bag when an occupant is out-of-position.
        S27.1  Availability of option. This option is available for either 
    air bag, singly or in conjunction, subject to the requirements of S27, 
    if:
        (a) A petition for rulemaking to establish dynamic automatic 
    suppression system test procedures is submitted pursuant to Subpart B 
    of Part 552 and a test procedure applicable to the vehicle is added to 
    S28 pursuant to the procedures specified by that subpart, or
        (b) A test procedure applicable to the vehicle is otherwise added 
    to S28.
        S27.2  Definitions. For purposes of S27 and S28, the following 
    definitions apply:
        Dynamic automatic suppression system or DASS means a portion of an 
    air bag system that automatically controls whether or not the air bag 
    deploys during a crash by:
        (1) Sensing the location of an occupant, moving or still, in 
    relation to the air bag;
        (2) Interpreting the occupant characteristics and location 
    information to determine whether or not the air bag should deploy; and
        (3) Activating or suppressing the air bag system based on the 
    interpretation of occupant characteristics and location information.
        Automatic suppression zone or ASZ means a three-dimensional zone 
    adjacent to the air bag cover, specified by the vehicle manufacturer, 
    where the deployment of the air bag will be suppressed by the DASS if a 
    vehicle occupant enters the zone under specified conditions.
        S27.3  Requirements. Each vehicle shall, at each applicable front 
    outboard designated seating position, when tested under the conditions 
    of S28 of this standard, comply with the requirements specified in 
    S27.4 through S27.6.
        S27.4  Each vehicle shall be equipped with a DASS.
        S27.5  Static test requirement (low risk deployment for occupants 
    outside the ASZ).
        S27.5.1  Driver (Part 572, Subpart O 5th percentile female dummy). 
    Each vehicle shall meet the injury criteria specified in S15.3 of this 
    standard when the driver air bag is statically deployed in accordance 
    with the procedures specified in S28.1.
        S27.5.2  Passenger (Part 572, Subpart P 3-year-old child dummy and 
    Part 572, Subpart N 6-year-old child dummy). Each vehicle shall meet 
    the injury criteria specified in S21.5 and S23.5, as appropriate, when 
    the passenger air bag is statically deployed in accordance with the 
    procedures specified in S28.2.
        S27.6  Dynamic test requirement (suppression of air bag for 
    occupants inside the ASZ).
        S27.6.1  Driver. The DASS shall suppress the driver air bag before 
    the head, neck, or torso of the specified test device enters the ASZ 
    when the vehicle is tested under the procedures specified in S28.3.
        S27.6.2  Passenger. The DASS shall suppress the passenger air bag 
    before head, neck, or torso of the specified test device enters the ASZ 
    when the vehicle is tested under the procedures specified in S28.4.
        S28  Test procedure for S27 of this standard. [Reserved]
        S28.1  Driver suppression zone verification test (part 572, subpart 
    O 5th percentile female dummy). [Reserved]
        S28.2  Passenger suppression zone verification test ( part 572, 
    subpart P 3-year-old child dummy and Part 572, subpart N 6-year-old 
    child dummies). [Reserved)]
        S28.3  Driver dynamic test procedure for DASS requirements. 
    [Reserved]
        S28.4  Passenger dynamic test procedure for DASS requirements. 
    [Reserved]
        S29  Manufacturer option to certify vehicles to certain static 
    suppression test requirements using human beings rather than test 
    dummies.
        S29.1  At the option of the manufacturer, instead of using test 
    dummies in conducting the tests for the following static test 
    requirements, human beings may be used as specified. If human beings 
    are used, they shall assume, to the extent possible, the final physical 
    position specified for the corresponding dummies for each test.
        (a) If a manufacturer decides to certify a vehicle using a human 
    being for a static test, it must use humans for the entire series of 
    tests, e.g., 3-year-old children for each static test involving 3-year-
    old test dummies. If a manufacturer decides to certify a vehicle using 
    a test dummy for a static test, it must use test dummies for the entire 
    series of tests, e.g., a Hybrid III 3-year-old child dummy for each 
    static test involving 3-year-old test dummies.
        (b) For S21.2, instead of using the Part 572 Subpart P Hybrid III 
    3-year-old child dummy, a human child who weighs between 13.4 and 18 kg 
    (29.5 and 39.5 lb), and who is between 89 and 99 cm (35 and 39 inches) 
    tall may be used.
        (c) For S23.2, instead of using the Part 572 Subpart N Hybrid III 
    6-year-old child dummy, a human child who weighs between 21 and 25.6 kg 
    (46.5 and 56.5 lb), and who is between 114 and 124.5 cm (45 and 49 
    inches) tall may be used.
        (d) For S19.2, S21.2, and S23.2, instead of using the Part 572 
    Subpart O Hybrid III 5th percentile adult female test dummy, a female 
    who weighs between 46.7 and 51.25 kg (103 lb and 113 lb), and who is 
    between 139.7 and 150 cm (55 and 59 inches) tall may be used.
        S29.2  Human beings shall be dressed in a cotton T-shirt, full 
    length cotton trousers, and sneakers. Specified weights and heights 
    include clothing.
        S29.3  A manufacturer exercising this option shall upon request--
        (a) Provide NHTSA with a method, and identify any parts or 
    equipment necessary to deactivate the air bag during compliance testing 
    under S20.3, S22.2, and S24.2; such assurance may be made by removing 
    the air bag; and
        (b) Provide NHTSA with a method to assure that the same test 
    results would be obtained if the air bag were not deactivated.
        S30  Cruise control deactivation.
        S30.1  If a vehicle is equipped with a cruise control device, this 
    device shall be deactivated whenever any stage of the air bag system 
    deploys.
        S30.2  The cruise control device shall be deactivated when the 
    device is tested under the procedures specified in S31.
        S31  Test procedure for determining deactivation of cruise control.
        S31.1  Each vehicle that is equipped with a cruise control device 
    shall be equipped with an electrical terminal that permits measurement 
    of the cruise control voltage.
        S31.2  Start the vehicle engine and engage the cruise control.
        S31.3  Deploy any stage of the vehicle's frontal air bag system.
        S31.4  The voltage at the cruise control voltage terminal shall be 
    zero within 100 ms after any stage of the vehicle's frontal air bag 
    system deploys.
        S32  Provisions for emergency rescue operations.
        S32.1  The air bag system shall deactivate whenever battery power 
    to the vehicle is interrupted for at least 60 seconds, and shall 
    reactivate once power from the battery is restored.
        S32.2  The air bag system shall deactivate when the system is 
    tested under the procedures specified in S33.
        S33  Test procedure for air bag deactivation during emergency 
    rescue operations.
        S33.1  Each vehicle shall be equipped with an electrical terminal 
    that permits measurement of the frontal air bag firing voltage. This 
    terminal will
    
    [[Page 60620]]
    
    be referred to as the ``air bag firing voltage terminal.''
        S33.2  Start the vehicle engine. Disconnect the vehicle's battery 
    power. Record the time of disconnect as time TD.
        S33.3  Measure the voltage at the air bag firing terminal at time 
    TD plus 61 seconds.
        S33.4  The voltage at the air bag firing terminal shall remain zero 
    after time TD plus 61 seconds until power is manually restored to the 
    terminal.
        S33.5  Reconnect the battery. Start the vehicle engine. Record the 
    time of engine start as time TR. Monitor the air bag readiness 
    indicator (S4.5.2) at time TR plus 60 seconds to check if the air bag 
    is activated, i.e., the indicator shall not be illuminated.
    
    Figures to Sec. 571.208
    
     * * * * *
    
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    BILLING CODE 4910-59-C
    
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    Appendix A to Sec. 571.208--Selection of Child Restraint Systems
    
        A. The following car bed, manufactured between January 1, 1999 
    and [insert date of final rule], may be used by the National Highway 
    Traffic Safety Administration to test the suppression system of a 
    vehicle that has been certified as being in compliance with 49 CFR 
    Part 571.208 S19.
    
    Cosco Dream Ride Car Bed
    
        B. Any of the following rear facing child restraint systems, 
    manufactured between January 1, 1999 and [insert date of final 
    rule], may be used by the National Highway Traffic Safety 
    Administration to test the suppression system of a vehicle that has 
    been certified as being in compliance with 49 CFR Part 571.208 S19. 
    When the restraint system comes equipped with a removable base, the 
    test may be run either with the base attached or without the base.
    
    Century Assura
    Century 560 Institutional
    Century Smart Fit
    Cosco Arriva
    Cosco Turnabout
    Evenflo Discovery
    Evenflo First choice
    Evenflo On My Way
    Fisher-Price Safe Embrace Infant
    Graco Infant 7493
    Kolcraft Secura
    
        C. Any of the following forward-facing convertible child 
    restraint systems, manufactured between January 1, 1999 and [insert 
    date of final rule], may be used by the National Highway Traffic 
    Safety Administration to test the suppression system of a vehicle 
    that has been certified as being in compliance with 49 CFR Part 
    571.208 S19, or S21.
    
    Britax Roundabout
    Century Encore
    Cosco Touriva
    Evenflo Scout
    Early Development Folder A-Lock
    Fisher Price Safe-Embrace
    Kolcraft Secure Fit
    
        D. Any of the following forward-facing toddler/belt positioning 
    booster systems, manufactured between January 1, 1999 and [insert 
    date of final rule], may be used by the National Highway Traffic 
    Safety Administration as test devices to test the suppression system 
    of a vehicle that has been certified as being in compliance with 49 
    CFR Part 571.208 S21 or S23.
    
    Britax Cruiser
    Century Next Step
    Cosco High Back Booster
    Evenflo Evolution
    Kolcraft Prodigy
    
        6. Part 585 would be revised to read as follows:
    
    PART 585--ADVANCED AIR BAG PHASE-IN REPORTING REQUIREMENTS
    
    Sec.
    585.1  Scope.
    585.2  Purpose.
    585.3  Applicability.
    585.4  Definitions.
    585.5  Reporting requirements.
    585.6  Records.
    585.7  Petition to extend period to file report.
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
    
    Sec. 585.1  Scope.
    
        This part establishes requirements for manufacturers of passenger 
    cars and trucks, buses, and multipurpose passenger vehicles with a GVWR 
    of 3,855 kg (8500 pounds) or less and an unloaded vehicle weight of 
    2,495 kg (5500 pounds) or less to submit a report, and maintain records 
    related to the report, concerning the number of such vehicles that meet 
    the advanced air bag requirements of Standard No. 208, ``Occupant crash 
    protection'' (49 CFR 571.208).
    
    
    Sec. 585.2  Purpose.
    
        The purpose of these reporting requirements is to aid the National 
    Highway Traffic Safety Administration in determining whether a 
    manufacturer has complied with the advanced air bag requirements of 
    Standard No. 208.
    
    
    Sec. 585.3  Applicability.
    
        This part applies to manufacturers of passenger cars and trucks, 
    buses, and multipurpose passenger vehicles with a GVWR of 3,855 kg 
    (8500 pounds) or less and an unloaded vehicle weight of 2,495 kg (5500 
    pounds) or less. However, this part does not apply to any manufacturers 
    whose production consists exclusively of walk-in vans, vehicles 
    designed to be sold exclusively to the U.S. Postal Service, vehicles 
    manufactured in two or more stages, and vehicles that are altered after 
    previously having been certified in accordance with part 567 of this 
    chapter.
    
    
    Sec. 585.4  Definitions.
    
        (a) All terms defined in 49 U.S.C. 30102 are used in their 
    statutory meaning.
        (b) Bus, gross vehicle weight rating or GVWR, multipurpose 
    passenger vehicle, passenger car, and truck are used as defined in 
    Sec. 571.3 of this chapter.
        (c) Advanced air bag requirements of Standard No. 208 refers to the 
    requirements set forth in S14.3, S15, S17, S19, S21, S23, S25, S30, and 
    S32 of Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208.
        (d) Production year means the 12-month period between September 1 
    of one year and August 31 of the following year, inclusive.
    
    
    Sec. 585.5  Reporting requirements.
    
        (a) Advanced credit phase-in reporting requirements. Within 60 days 
    after the end of the production years ending August 31, 2000, August 
    31, 2001, and August 31, 2002, each manufacturer choosing to certify 
    vehicles according to the advanced air bag requirements of Standard No. 
    208 shall submit a report to the National Highway Traffic Safety 
    Administration concerning its passenger cars, trucks, buses, and 
    multipurpose passenger vehicles produced in that production year for 
    advance credit for production years ending August 31, 2003, August 31, 
    2004, or August 31, 2005. Each report shall--
        (1) Identify the manufacturer;
        (2) State the full name, title, and address of the official 
    responsible for preparing the report;
        (3) Identify the production year being reported on;
        (4) Provide the information specified in paragraph (c) of this 
    section;
        (5) Be written in the English language; and
        (6) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW, Washington, DC 20590.
        (b) Phase-in reporting requirements. Within 60 days after the end 
    of the production years ending August 31, 2003, August 31, 2004 and 
    August 31, 2005, each manufacturer shall submit a report to the 
    National Highway Traffic Safety Administration concerning its 
    compliance with the advanced air bag requirements of Standard No. 208 
    for its passenger cars, trucks, buses, and multipurpose passenger 
    vehicles produced in that production year. Each report shall also 
    include the number of pre-phase-in vehicles, if any, that are being 
    applied to the production year being reported. Each report shall--
        (1) Identify the manufacturer;
        (2) State the full name, title, and address of the official 
    responsible for preparing the report;
        (3) Identify the phase-in schedule paragraph from S14.1 of 49 CFR 
    571.208 for which it has chosen to comply with until September 1, 2005;
        (4) Identify the production year being reported on;
        (5) Contain a statement regarding whether or not the manufacturer 
    complied with the advanced air bag requirements of Standard No. 208 for 
    the period covered by the report and the basis for that statement;
        (6) Provide the information specified in paragraph (d) of this 
    section;
        (7) Be written in the English language; and
        (8) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW, Washington, DC 20590.
    
    [[Page 60625]]
    
        (c) Advanced credit phase-in report content. (1) Manufacturers are 
    not required to report any information with respect to those vehicles 
    that are walk-in vans, vehicles designed to be sold exclusively to the 
    U.S. Postal Service, vehicles manufactured in two or more stages, and 
    vehicles that are altered after previously having been certified in 
    accordance with part 567 of this chapter.
        (2) Production. Each manufacturer shall report for the production 
    year for which the report is filed the number of passenger cars and 
    trucks, buses, and multipurpose passenger vehicles with a GVWR of 3,855 
    kg (8,500 pounds) or less and an unloaded vehicle weight of 2,495 kg 
    (5,500 pounds) or less that meet the advanced air bag requirements of 
    Standard No. 208.
        (3) Vehicles produced by more than one manufacturer. Each 
    manufacturer whose reporting of information is affected by one or more 
    of the express written contracts permitted by S14.1.3.2 of Standard No. 
    208 shall:
        (i) Report the existence of each contract, including the names of 
    all parties to the contract and explain how the contract affects the 
    report being submitted.
        (ii) Report the actual number of vehicles covered by each contract.
        (d) Phase-in report content. (1) Manufacturers are not required to 
    report any information with respect to those vehicles that are walk-in 
    vans, vehicles designed to be sold exclusively to the U.S. Postal 
    Service, vehicles manufactured in two or more stages, and vehicles that 
    are altered after previously having been certified in accordance with 
    part 567 of this chapter.
        (2) Basis for phase-in production goals. For production years 
    ending August 31, 2003, August 31, 2004 and August 31, 2005, each 
    manufacturer shall provide the number of passenger cars and trucks, 
    buses, and multipurpose passenger vehicles with a GVWR of 3,855 kg 
    (8,500 pounds) or less and an unloaded vehicle weight of 2,495 kg 
    (5,500 pounds) or less manufactured for sale in the United States for 
    each of the three previous production years, or, at the manufacturer's 
    option, for the current production year. A new manufacturer that has 
    not previously manufactured passenger cars and trucks, buses and 
    multipurpose passenger vehicles with a GVWR of 3,855 kg (8,500 pounds) 
    or less and an unloaded vehicle weight of 2,495 kg (5,500 pounds) or 
    less for sale in the United States must report the number of such 
    vehicles manufactured during the current production year.
        (3) Production. Each manufacturer shall report for the production 
    year for which the report is filed the number of passenger cars and 
    trucks, buses, and multipurpose passenger vehicles with a GVWR of 3,855 
    kg (8,500 pounds) or less and an unloaded vehicle weight of 2,495 kg 
    (5,500 pounds or less that meet the advanced air bag requirements of 
    Standard No. 208.
        (4) Vehicles produced by more than one manufacturer. Each 
    manufacturer whose reporting of information is affected by one or more 
    of the express written contracts permitted by S14.1.3.2 of Standard No. 
    208 shall:
        (i) Report the existence of each contract, including the names of 
    all parties to the contract and explain how the contract affects the 
    report being submitted.
        (ii) Report the actual number of vehicles covered by each contract.
    
    
    Sec. 585.6  Records.
    
        Each manufacturer shall maintain records of the Vehicle 
    Identification Number for each passenger car, multipurpose passenger 
    vehicle, truck and bus for which information is reported under 
    Secs. 585.5(c)(2) and (d)(3) until December 31, 2006.
    
    
    Sec. 585.7  Petitions 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 
    Sec. 585.5(a) and (b). The petition must be submitted to: 
    Administrator, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 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.
    
    PART 595--RETROFIT ON-OFF SWITCHES FOR AIR BAGS
    
        7. The authority citation for part 595 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30122 and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        8. Section 595.5 would be amended by revising paragraph (a) to read 
    as follows:
    
    
    Sec. 595.5  Requirements.
    
        (a) Beginning January 19, 1998, a dealer or motor vehicle repair 
    business may modify a motor vehicle manufactured before September 1, 
    2005 by installing an on-off switch that allows an occupant of the 
    vehicle to turn off an air bag in that vehicle, subject to the 
    conditions in paragraphs (b)(1) through (5) of this section.
     * * * * *
        Issued on: October 26, 1999.
    Stephen R. Kratzke,
    Acting Associate Administrator for Safety Performance Standards.
        Note: The following appendixes will not appear in the Code of 
    Federal Regulations.
    
    Appendix A to the Preamble--Response to Petition
    
        In conjunction with commenting on the NPRM, Carl Nash and Donald 
    Friedman submitted a petition for rulemaking to amend Standard No. 
    208 to ``require effective belt use inducement.'' The petitioners 
    noted that such an amendment would need to be consistent with a 
    provision of the National Traffic and Motor Vehicle Safety Act which 
    prohibits ignition interlocks and continuous buzzers.
        The petitioners stated that the inducements could include, but 
    need not be limited to: (1) A continuous visual reminder to buckle 
    seat belts located prominently on the instrument panel, (2) an 
    intermittent, repeating audible suggestion (such as with a 
    synthesized voice) warning occupants to buckle their seat belt, and 
    (3) disruption of electrical power to such ``non-essential'' 
    accessories as the radio, tape or CD player, and air conditioning. 
    Mr. Nash and Mr. Friedman argued that a belt use inducement has the 
    potential to save a minimum of 7,000 additional lives per year, and 
    that, with an effective belt use inducement, NHTSA could 
    simultaneously rescind Standard No. 208's unbelted test.
        After carefully considering the petition submitted by Mr. Nash 
    and Mr. Friedman, we have decided to deny it. We note that Standard 
    No. 208 already requires both a warning light and an audible signal 
    to remind occupants to wear their seat belts. The required warning 
    system is tied to the driver seat belt, and the light and audible 
    signal are only required for a brief period after the driver starts 
    the vehicle.
        In evaluating Mr. Nash's and Mr. Friedman's petition, we have 
    considered whether the new requirements they recommend would (1) 
    likely result in additional safety benefits, (2) be acceptable to 
    the public, and (3) be within our statutory authority. None of their 
    recommended requirements meet all of these criteria.
        We note that our agency's previous experience with ignition 
    interlocks indicates that great care must be taken in requiring 
    vehicle modifications to induce higher belt use, to avoid consumer 
    backlash. As of August 1973, Standard No. 208 required all new cars 
    to be equipped either with automatic protection or an ignition 
    interlock for both front outboard seating positions. General Motors 
    sold about ten thousand of its 1974 model year cars equipped with 
    air bags that met the automatic protection requirement. Every other 
    1974 model year car sold in the United States came with an ignition 
    interlock, which prevented the engine from operating if either the 
    driver or front seat outboard passenger failed to fasten their 
    manual seat belt.
    
    [[Page 60626]]
    
        In a notice published in the Federal Register (39 FR 10272) on 
    March 19, 1974, we described the public reaction to the ignition 
    interlock as follows: ``Public resistance to the belt-starter 
    interlock system * * * has been substantial, with current tallies of 
    proper lap-shoulder belt usage on 1974 models running at or below 
    the 60% level. Even that figure is probably optimistic as a measure 
    of results to be achieved, in light of the likelihood that as time 
    passes the awareness that the forcing systems can be disabled, and 
    the means for doing so will become more widely disseminated * * *''
        There were also speeches on the floor of both houses of Congress 
    expressing the public's anger at the interlock requirement. On 
    October 27, 1974, President Ford signed into law a bill that 
    prohibited any Federal motor vehicle safety standard from requiring 
    or permitting as a means of compliance any seat belt interlock 
    system. In response to this change in the law, we published a final 
    rule in the Federal Register (39 FR 38380) on October 31, 1974 that 
    deleted the interlock option from Standard No. 208 effective 
    immediately.
        We believe that the petitioner's recommendation for a Federal 
    requirement for disruption of electrical power to such accessories 
    as the radio, tape or CD player, and air conditioning, if a person 
    is not wearing their seat belts, would be unacceptable to a 
    significant portion of the public. Such a requirement would be 
    indistinguishable in nature from a requirement for an interlock.
        As to the petitioners' recommendation that we require an 
    intermittent, repeating audible suggestion (such as with a 
    synthesized voice) warning occupants to buckle their seat belt, we 
    are expressly prohibited from promulgating a requirement under the 
    1974 amendments to the Safety Act. The petitioners recognized that 
    the amendments prohibited us from requiring ``continuous buzzers.'' 
    However, the term ``continuous buzzer'' was defined to mean any 
    buzzer other than one which operates only during the 8 second period 
    after the ignition is turned to the ``start'' or ``on'' position.\1\ 
    Thus, we do not have the authority to require audible warnings 
    outside that 8 second period.
    ---------------------------------------------------------------------------
    
        \1\ This provision was later codified using different language 
    but without substantive change at 49 U.S.C. 30124.
    ---------------------------------------------------------------------------
    
        While we would have authority to require a continuous visual 
    reminder, as also recommended by the petitioners, they did not 
    provide any information indicating that such a reminder would likely 
    result in additional safety benefits over the existing warning 
    systems.
        We also note that, even if we believed that there existed an 
    effective belt use inducement that we had authority to require and 
    that was publicly acceptable, we could not simultaneously rescind 
    Standard No. 208's unbelted test. First, there would be no way of 
    knowing how effective any belt use inducement would be until after 
    it had been in place for several years. Second, as we noted in the 
    September 1998 NPRM, even in countries where seat belt use is 90 
    percent, unbelted occupants still represent about 33 percent of all 
    fatalities. We also note that TEA 21 requires us to conduct 
    rulemaking to improve occupant protection for occupants of different 
    sizes, belted and unbelted, while minimizing risks. Rescission of 
    Standard No. 208's test requirements for unbelted occupants would 
    not be consistent with the statutory requirement to improve 
    protection for unbelted occupants.
        While we have decided to deny Mr. Nash's and Mr. Friedman's 
    petition, for the reasons discussed above, we recognize that 
    increased seat belt use offers the potential of enormous safety 
    benefits. Even small increases in seat belt use offer the potential 
    of significant savings in lives. We therefore encourage vehicle 
    manufacturers to evaluate whether vehicle warning and other systems 
    can be improved to increase seat belt use in ways that are 
    acceptable to their customers.
        We note that, earlier this year, Ford announced plans to use a 
    new ``Belt-Minder'' system that warns unbuckled drivers with an 
    intermittent chime until they buckle their seat belts. Drivers who 
    don't want to wear their belts can disable the intermittent chime by 
    buckling, then unbuckling their belt. While we note that this is a 
    system that we would not have authority to require, we are 
    encouraged by Ford's innovative approach and are hopeful that it 
    will result in increased seat belt use and savings in lives.
    
    Appendix B to the Preamble--Glossary
    
    Air Bags--In General
    
        Air bags are inflatable restraints. Enough gas must be pumped 
    into them to cushion occupants. Otherwise, occupants, especially 
    large ones, could ``bottom out'' the air bag and hit the vehicle 
    interior in a crash. Thus, the amount of pressure within air bags 
    must be carefully controlled. This is done by controlling both the 
    rate at which gas is pumped into the air bag and the rate at which 
    the gas is released from the air bag through vents or microscopic 
    holes in the fabric itself.
    
    Categories of Frontal Air Bags
    
        Advanced air bags. Advanced air bags are air bags that minimize 
    the risk of serious injury to out-of-position occupants and provide 
    improved protection to occupants in high speed crashes. They 
    accomplish this either by incorporating various technologies that 
    enable the air bags to adapt their performance to a wider range of 
    occupant sizes and crash conditions and/or by being designed to both 
    inflate in a manner that does not pose such risk as well as to 
    provide improved protection. Some of these technologies are multi-
    stage inflators, occupant position sensors, occupant weight and 
    pattern sensors, and new air bag fold patterns. (The inflators and 
    sensors are explained below.)
        Redesigned air bags.\1\ Redesigned air bags are bag systems used 
    in vehicles that have been certified to the unbelted sled test 
    option instead of the unbelted crash test option in Standard No. 
    208. Typically, a redesigned air bag in a MY 1998 or 1999 vehicle 
    model has less power than the air bags in earlier model years of 
    that vehicle model. However, the power levels of current air bags 
    vary widely. For example, the redesigned air bags in some current 
    vehicles are more powerful than the unredesigned air bags in some 
    earlier vehicles.
    ---------------------------------------------------------------------------
    
        \1\ These air bags are also sometimes called depowered air bags, 
    second generation air bags or next generation air bags.
    ---------------------------------------------------------------------------
    
    Inflators
    
        Inflators are the devices which pump the gas into air bags to 
    inflate them in a crash.
        Single stage inflators. Single stage inflators fill air bags 
    with the same level of power in all crashes, regardless of whether 
    the crash is a relatively low or high speed crash.
        Multi-stage inflators. Multi-stage inflators (also known as 
    multi-level inflators) operate at different levels of power, 
    depending on which stage is activated. The activation of the 
    different stages can be linked to crash severity sensors. In a 
    vehicle with dual-stage inflators, only the first stage (lowest 
    level of power) will be activated in relatively low speed crashes, 
    while the first and second stages (highest level of power) will be 
    activated in higher speed crashes. As crash severity increases, so 
    must the pressure inside the air bag in order to cushion the 
    occupants.
    
    Sensors
    
        Many advanced air bag systems utilize various sensors to obtain 
    information about crashes, vehicles and their occupants. This 
    information is used to adapt the performance of the air bag to the 
    particular circumstances of the crash. It is used in determining 
    whether an air bag should deploy and, if it should, and if the air 
    bag has multiple inflation levels, at what level. Examples of these 
    sensors include the following:
        Crash severity sensors. Crash severity sensors measure the 
    severity of a crash, i.e., the rate of reduction in velocity when a 
    vehicle strikes another object. If a relatively low severity crash 
    is sensed, only the lowest stage of a dual-stage inflator will fill 
    the air bag; if a more severe crash is sensed, both stages will fill 
    the air bag, inflating it at a higher level.
        Belt use sensors. Belt use sensors determine whether an occupant 
    is belted or not. An advanced air bag system in vehicles with crash 
    severity sensors and dual-stage inflators might use belt use 
    information to adjust deployment thresholds for unbelted and belted 
    occupants. Since an unbelted occupant needs the protection of an air 
    bag at lower speeds than a belted occupant does, the air bag would 
    deploy at a lower threshold for an unbelted occupant. (Deployment 
    thresholds are explained below.)
        Seat position sensors. Seat position sensors determine how far 
    forward or back a seat is adjusted on its seat track. An advanced 
    air bag system could be designed so a dual-stage air bag deploys at 
    a lower level when the seat is all the way forward than it does when 
    the seat is farther back. This would benefit those short-statured 
    drivers who move their seats all the way forward.
        Occupant weight sensors. Occupant weight sensors measure the 
    weight of an occupant. An advanced air bag system might use this 
    information to prevent the air bag from deploying at all in the 
    presence of children.
    
    [[Page 60627]]
    
        Pattern sensors. Pattern sensors evaluate the impression made by 
    an occupant or object on the seat cushion to make determinations 
    about occupant presence and the overall size and position of the 
    occupant. They could also sense the presence of a particular object 
    like a child seat. An advanced air bag system might use this 
    information to prevent the air bag from deploying in the presence of 
    children. An advanced air bag system might utilize both an occupant 
    weight sensor and an occupant pattern sensor.
    
    Deployment Thresholds
    
        The term ``deployment threshold'' is typically used to refer to 
    the lowest rate of reduction in vehicle velocity in a crash at which 
    a particular air bag is designed to deploy.
        No-fire threshold. The no-fire threshold is the crash speed 
    below which the air bag is designed to never deploy.
        All-fire threshold. The all-fire threshold is the crash speed at 
    or above which the air bag is designed to always deploy.
        Gray zone. The gray zone is the range of speeds between the no-
    fire and all-fire thresholds in which the air bag may or may not 
    deploy.
        Vehicles with advanced air bags may have different deployment 
    thresholds for belted and unbelted occupants, e.g., the deployment 
    threshold may be higher if an occupant is belted. (See belt use 
    sensors above.)
    
    Crash Tests vs. Sled Tests
    
        In crash tests, instrumented test dummies are placed in a 
    production vehicle which is then crashed into a barrier. 
    Measurements from the test dummies are used to determine the forces, 
    and estimate the risk of serious injury, that people would have 
    experienced in the crash.
        In sled tests, no crash takes place. The vehicle is placed on a 
    sled-on-rails, and instrumented test dummies are placed in the 
    vehicle. The sled and vehicle are accelerated very rapidly backward. 
    As the vehicle moves backward, the dummies move forward inside the 
    vehicle in much the same way that people would in a frontal crash. 
    The air bags are manually deployed at a pre-selected time during the 
    sled test. Measurements from the dummies are used to determine the 
    forces, and estimate the risk of serious injury, that people would 
    have experienced in the crash.
    
    Fixed Barrier Crash Tests
    
        All of the crash tests proposed in this SNPRM are fixed barrier 
    crash tests, i.e., the test vehicle is crashed into a barrier that 
    is fixed in place (as opposed to moving). The types of proposed 
    fixed barrier crash tests are shown in Figure B1.
        Rigid barrier test, perpendicular impact. In a rigid barrier, 
    perpendicular impact test, the vehicle is crashed straight into a 
    rigid barrier that does not absorb any crash energy. The full width 
    of the vehicle's front end hits the barrier.
        Rigid barrier, oblique impact test. In a rigid barrier, oblique 
    impact test, the vehicle is crashed at an angle into a rigid 
    barrier.
        Offset deformable barrier test. In an offset deformable barrier 
    test, one side of a vehicle's front end, not the full width, is 
    crashed into a barrier with a deformable face that absorbs some of 
    the crash energy.
    
    BILLING CODE 4910-59-P
    
    [[Page 60628]]
    
    [GRAPHIC] [TIFF OMITTED] TP05NO99.009
    
    
    
    BILLING CODE 4910-59-C
    
    [[Page 60629]]
    
    Crash Pulses
    
        A crash pulse is the graph or picture of how quickly the vehicle 
    occupant compartment is decelerating at different times during a 
    crash.
        Stiff crash pulses. In crashes with stiff pulses, the occupant 
    compartment decelerates very abruptly. An example of a crash with a 
    stiff pulse would be a full head-on crash of a vehicle into a like 
    vehicle. The perpendicular rigid barrier crash test produces a stiff 
    crash pulse.
        Soft crash pulses. In crashes with soft pulses, the occupant 
    compartment decelerates less abruptly, compared to crashes with hard 
    pulses. An example of a crash with a soft pulse would be the crash 
    of a vehicle into sand-filled barrels such as those seen at toll 
    booths or at the leading edge of a concrete median barrier. The 
    offset deformable barrier crash test and the 30 degree oblique rigid 
    barrier crash test produce soft crash pulses.
        In crashes involving comparable reductions in velocity, an 
    unrestrained occupant would hit the vehicle interior (i.e., steering 
    wheel, instrument panel and windshield) at a much higher speed in a 
    crash with a stiff pulse than in a crash with a soft pulse.
    
    Belted and Unbelted Tests
    
        Belted tests use belted dummies, while unbelted tests use 
    unbelted dummies. Despite increases in seat belt use, nearly 50 
    percent of all occupants in potentially fatal crashes are unbelted. 
    Unbelted tests are intended to evaluate the protection provided 
    these persons, many of whom are teenagers and young adults.
    
    Static Out-of-Position Tests
    
        Static out-of-position tests are called ``static'' because the 
    vehicle does not move during the test. These tests are used to 
    measure the risk that an air bag poses to out-of-position occupants. 
    Test dummies are placed in specified positions that are extremely 
    close to the air bag, typically with some portion of the dummy 
    touching the air bag cover. The air bag is deployed. Measurements 
    from the test dummy are used to determine the forces, and estimate 
    the risk of serious injury, that people would have experienced in 
    the crash.
    
    Injury Criteria and Performance Limits--In General
    
        In a crash test, sled test, or static out-of-position test, 
    measurements are taken from the test dummy instruments that indicate 
    the forces that a person would have experienced under the same 
    conditions. Standard No. 208 specifies several injury criteria. For 
    each criterion, the Standard also specifies a performance limit, 
    based on the level of forces that create a significant risk of 
    producing serious injury.
    
    Injury Criteria
    
        This SNPRM proposes performance limits for various injury 
    criteria to address the risk of several types of injuries. Among 
    these injury criteria are:
        Head Injury Criterion or HIC. Head Injury Criterion or HIC 
    address the risk of head injury;
        Nij. Nij addresses the risk of neck injury; and
        Chest Acceleration and Chest Deflection. Chest Acceleration and 
    Chest Deflection address the risk of chest injury.
    
    Test Dummies
    
        This SNPRM proposes to use several test dummies to represent 
    children and adults of different sizes. These dummies are:
        12-month old Crash Restraints Air Bag Interaction (CRABI) dummy, 
    representing an infant;
        Hybrid III 3-year-old and 6-year-old child dummies, representing 
    young children;
        Hybrid III 5th percentile adult female dummy, representing a 
    small woman;
        Hybrid III 50th percentile adult male dummy, representing an 
    average-size man.
    
    [FR Doc. 99-28366 Filed 11-2-99; 8:56 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
11/05/1999
Department:
National Highway Traffic Safety Administration
Entry Type:
Proposed Rule
Action:
Supplemental notice of proposed rulemaking (SNPRM).
Document Number:
99-28366
Dates:
You should submit your comments early enough to ensure that Docket Management receives them not later than December 30, 1999.
Pages:
60556-60629 (74 pages)
Docket Numbers:
Docket No. NHTSA 99-6407, Notice 1
RINs:
2127-AG70: Advanced Air Bags
RIN Links:
https://www.federalregister.gov/regulations/2127-AG70/advanced-air-bags
PDF File:
99-28366.pdf
CFR: (20)
49 CFR 585.5(a)
49 CFR 552.1
49 CFR 552.11
49 CFR 552.12
49 CFR 552.13
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