98-23957. Federal Motor Vehicle Safety Standards; Occupant Crash Protection  

  • [Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
    [Proposed Rules]
    [Pages 49958-50021]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23957]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    National Highway Traffic Safety Administration
    
    
    
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    49 CFR Parts 571, 585, 587, and 595
    
    
    
    Federal Motor Vehicle Safety Standards: Occupant Crash Protection; 
    Proposed Rule
    
    Federal Register / Vol. 63, No. 181 / Friday, September 18, 1998 / 
    Proposed Rules
    
    [[Page 49958]]
    
    
    
    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    
    49 CFR Parts 571, 585, 587, and 595
    
    [Docket No. NHTSA 98-4405; Notice 1]
    RIN 2127-AG70
    
    
    Federal Motor Vehicle Safety Standards; Occupant Crash Protection
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The agency is proposing to upgrade the agency's occupant 
    protection standard to require advanced air bags. While current air 
    bags have been shown to be highly effective in reducing overall 
    fatalities, they sometimes cause fatalities to out-of-position 
    occupants, especially children. The agency's proposal would require 
    that improvements be made in the ability of air bags to cushion and 
    protect occupants of different sizes, belted and unbelted, and would 
    require air bags to be redesigned to minimize risks to infants, 
    children, and other occupants. 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. 
    The agency's proposal is consistent with provisions included in the 
    NHTSA Reauthorization Act of 1998 which mandate the issuance of a final 
    rule for advanced air bags.
        An appendix to this document responds to several petitions 
    concerning requirements for air bag performance.
    
    DATES: Comments must be received by December 17, 1998.
    
    ADDRESSES: Comments should refer to the docket number and notice 
    number, and be submitted to: Docket Management, Room PL-401, 400 
    Seventh Street, S.W., Washington, D.C. 20590 (Docket hours are from 
    10:00 a.m. to 5:00 p.m.)
    
    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. Clarke Harper, Chief, Light Duty Vehicle 
    Division, NPS-11, National Highway Traffic Safety Administration, 400 
    Seventh Street, SW, Washington, DC 20590. Telephone: (202) 366-2264. 
    Fax: (202) 366-4329.
        For legal issues. Edward Glancy, Office of Chief Counsel, NCC-20, 
    National Highway Traffic Safety Administration, 400 Seventh Street, SW, 
    Washington, DC 20590. Telephone: (202) 366-2992. Fax: (202) 366-3820.
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    I. Overview of Proposed Requirements
    II. Executive Summary
    III. Statutory Requirements
    IV. Safety Problem and the Agency's Remedial Actions
        A. Introduction
        B. Background
        1. Air Bags: Safety Issues
        a. Lives Saved and Lost
        b. Causes of Air Bag Fatalities
        2. Air Bag Requirements
        C. Comprehensive Agency Plan to Address Air Bag Fatalities
        1. Interim Rulemaking Solutions
        a. Existing and Future Vehicles-in-Use
        b. New Vehicles
        2. Longer-Term Rulemaking Solution
        3. Educational Efforts; Child Restraint and Seat Belt Use Laws
    V. Technological Opportunities
    VI. Proposal for Advanced Air Bags
        A. Introduction
        B. Existing and Proposed Test Requirements
        1. Tests for Requirements to Preserve and Improve Occupant 
    Protection for Different Size Occupants, Belted and Unbelted
        a. Safety of Medium to Large Teenagers and Adults
        b. Safety of Small Teenagers and Small Adults
        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 3-Year-Old Children
        c. Safety of 6-Year-Old Children
        d. Safety of Small Teenage and Adult Drivers
        C. Injury Criteria
        D. Dummy Recognition
        E. Lead Time and Proposed Effective Date
        F. Selection of Options
        G. Availability of Retrofit Manual On-Off Switches
        H. Warning Labels
        I. Questions
    VII. Costs and Benefits
    VIII. Rulemaking Analyses and Notices
    IX. Request for Comments
    Proposed Regulatory Text
    Appendix--Response to Petitions
        A. Petitions Requesting that New Test Requirements be Added to 
    Standard No. 208
        B. Petition Requesting Extension of the Provision Allowing On-
    Off Switches for Vehicles without Rear Seats or with Small Rear 
    Seats
        C. Petitions Requesting a Permanent Option of Using Unbelted 
    Sled Test instead of Unbelted Barrier Test
        D. Petition Objecting to NHTSA's Final Rule on Depowering
    
    I. Overview of Proposed Requirements
    
        The agency is proposing to upgrade Standard No. 208, Occupant Crash 
    Protection, to require advanced air bags. 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.
        The agency is proposing to add a new set of requirements to prevent 
    air bags from causing injuries and to expand the existing set of 
    requirements intended to ensure that air bags cushion and protect 
    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 proposal gives 
    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, the agency would test the air bags using test dummies 
    representing 12-month-old, 3-year-old, and 6-year-old children and 5th 
    percentile adult females.
        The agency is also proposing to ensure that the new air bags are 
    designed to cushion and protect a broader 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. Under the proposal, the agency would also use 
    5th percentile adult female dummies in the future. 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 angled tests, the agency is proposing to 
    add a deformable barrier crash test, representing a relatively ``soft'' 
    pulse crash.1 In relatively ``soft'' pulse
    
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    crashes, some current air bags do not deploy until after the occupants 
    have moved so far forward that they are near the air bag cover when 
    deployment begins. Such ``late deployments'' lead to high risks of 
    injury. This proposed new crash test requirement is intended to ensure 
    that air bag systems are designed so that the air bag deploys earlier, 
    before normally seated occupants, including small-statured ones, move 
    too close to the air bag. The agency is proposing to use 5th percentile 
    adult female dummies in this test. If an air bag opens in time for 
    small-statured occupants, who generally sit relatively far forward, it 
    will open in time for taller occupants, who sit farther back.
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        \1\ ``Crash pulse'' means the acceleration-time history of the 
    occupant compartment of a vehicle during a crash. This is 
    represented typically in terms of g's of acceleration plotted 
    against time in milliseconds (1/1000 second). The crash pulse for a 
    given test is a major determinant of the stringency of the test, and 
    how representative the test is of how a particular vehicle will 
    perform in particular kinds of real world crashes. Generally 
    speaking, the occupant undergoes greater forces due to secondary 
    collisions with the vehicle interior and restraint systems if the 
    crash pulse g's are higher at the peak, or the duration of the crash 
    pulse is shorter, which would lead to higher overall average g 
    levels.
        In a relatively ``hard'' pulse crash, a vehicle's occupant 
    compartment decelerates relatively abruptly, creating a high risk of 
    death or serious injury. In a relatively ``soft'' pulse crash, there 
    is a lower rate of deceleration and proportionately lower risk of 
    death or serious injury. The nature of the crash pulse for a vehicle 
    in a given frontal crash is affected by a number of factors, 
    including vehicle speed, the extent to which the vehicle structure 
    forward of the occupant compartment collapses in a controlled manner 
    so that some of the crash energy is absorbed, whether the struck 
    object is fixed in place, the extent to which the struck object 
    collapses and absorbs energy, and, in the case of non-fixed struck 
    objects, the relative mass of the vehicle and the struck object. 
    Large cars typically have relatively mild crash pulses, while small 
    cars and utility vehicles typically have more severe crash pulses.
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        The agency is proposing to phase out the unbelted sled test option 
    as requirements for advanced air bags are phased in. Finally, NHTSA is 
    proposing new and/or upgraded injury criteria for all of the standard's 
    test requirements.
    
    II. Executive Summary
    
        Air bags have been shown to be highly effective in saving lives. 
    They reduce fatalities in frontal crashes by about 30 percent. As of 
    June 1, 1998, air bags had saved an estimated 3,148 drivers and 
    passengers since their introduction in 1986. However, as of that same 
    date, the agency had confirmed a total of 105 crashes in this country 
    in which an air bag deployment had resulted in fatal injuries.
        These deaths did not occur at random; they typically involved 
    certain common factors. The persons who have been killed or seriously 
    injured by an air bag were extremely close to the air bag at the time 
    of deployment. The persons shown to be at greatest risk have been (1) 
    unrestrained young children, who can easily be propelled close to or 
    against the passenger air bag before the crash as a result of pre-crash 
    braking, (2) infants in rear facing child seats, who ride with their 
    heads extremely close to the passenger air bag, and (3) drivers 
    (especially unrestrained ones) who sit extremely close to the steering 
    wheel. These drivers are most likely to be small-statured women.
        Since the problem of air bag deaths first emerged, NHTSA has taken 
    a number of steps to address the problem. In late November 1996, the 
    agency announced that it would be implementing a comprehensive plan of 
    rulemaking and other actions (e.g., consumer education and 
    encouragement of State seat belt use laws providing for primary 
    enforcement of their requirements) addressing the adverse effects of 
    air bags.
        Recognizing that a relatively long period of lead time is required 
    to make some types of significant design changes to air bags, the 
    agency's comprehensive plan called for both interim and longer-term 
    solutions. The interim solutions included temporary adjustments in 
    Standard No. 208's performance requirements to ensure that the vehicle 
    manufacturers had maximum flexibility to address quickly the problem of 
    risks from air bags. One temporary change was to permit manufacturers 
    to certify their vehicles to an unbelted sled test option, in which a 
    vehicle is essentially stopped quickly, but not actually crashed, 
    instead of to the standard's full scale unbelted crash test, in which a 
    vehicle is actually crashed into a barrier. This made it much easier 
    for the manufacturers to make quick design changes to their air bags. 
    Another temporary change was to permit the vehicle manufacturers to 
    install manual on-off switches for passenger air bags in vehicles 
    without rear seats or with rear seats that are too small to accommodate 
    a rear facing child restraint.
        Another interim measure taken by NHTSA was to require improved 
    labeling on new vehicles and child restraints to better ensure that 
    drivers and other occupants are aware of the dangers posed by passenger 
    air bags to children. Also, to address the problems faced by persons 
    who are in groups at special risk from air bags, the agency issued a 
    final rule exempting motor vehicle dealers and repair businesses from 
    the statutory prohibition against making federally required safety 
    equipment inoperative so that they may install retrofit manual on-off 
    switches for air bags in vehicles owned or used by such persons and 
    whose requests for switches have been approved by the agency.
        In today's notice, NHTSA is proposing a longer-term solution. The 
    proposed amendments contemplate implementation of advanced air bag 
    system technology that would minimize or eliminate risks to out-of-
    position occupants and enhance the benefits provided by air bags to 
    occupants of different sizes, belted and unbelted. The proposed 
    amendments are consistent with the NHTSA Reauthorization Act of 1998, 
    which requires advanced air bags.
        In developing this proposal, the agency recognized that, to 
    minimize or eliminate air bag risks, either (1) air bag deployment must 
    be suppressed in situations that are risky to occupants, or (2) the air 
    bag must be designed to deploy in such a manner that it does not 
    present a significant risk of serious injury to out-of-position 
    occupants.
        The agency has used a number of methods to obtain up-to-date 
    information regarding the technology needed for accomplishing these 
    purposes. These methods included meetings with individual 
    manufacturers, a public meeting and written information requests to 
    vehicle and air bag manufacturers for specified types of information.
        In numerous meetings with vehicle manufacturers and air bag 
    suppliers, the agency discussed the steps that they were taking to 
    address adverse effects of air bags. The agency found that these 
    companies were working on a wide variety of technologies, involving one 
    or both of the approaches (i.e., modulation of deployment or 
    suppression of deployment) discussed above, to minimize or eliminate 
    air bag risks. Vehicle manufacturers and suppliers are working on 
    systems that would prevent an air bag from deploying in situations 
    where it might have an adverse effect, using, for example, sensors that 
    determine the weight, size, and/or location of the occupant. The 
    vehicle manufacturers and suppliers are also working on systems that 
    would modulate the speed and force of the air bag, using multiple level 
    inflators. The activation of those different levels is keyed to sensors 
    that determine such factors as crash severity, seat-track position, 
    occupant weight and/or size, and whether an occupant is belted or not. 
    They are also working on a variety of approaches that make air bags 
    less aggressive to out-of-position occupants, e.g., by changing fold 
    patterns, deployment paths, and venting systems.
        NHTSA conducted a public meeting in February 1997 to obtain 
    information about available technologies, and separately asked the 
    National Aeronautics and Space Administration's Jet Propulsion 
    Laboratory (JPL) for help in obtaining information. JPL surveyed the 
    automotive industry and conducted
    
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    an analysis of the readiness of advanced air bag technologies.
        Also, in April 1998, the agency sent an information request 
    concerning advanced air bag technology to nine air bag suppliers. This 
    effort supplemented NHTSA's other efforts to obtain information in this 
    area and was intended to ensure that the agency had the most up-to-date 
    information possible for this rulemaking.
        The agency considered the information obtained in these various 
    endeavors, as well as other available information, in developing this 
    proposal.
        To minimize air bag risks, the proposed amendments specify 
    alternative options that would allow use of the differing kinds of 
    technological solutions being developed or considered by the 
    manufacturers to effectively address this problem. For example, the 
    agency is proposing options that would test the performance of air bags 
    designed to inflate in a manner so they do not cause injuries. These 
    options, which are based on an approach recommended by the American 
    Automobile Manufacturers Association (AAMA), specify static out-of-
    position tests. The agency is proposing use of several child dummies 
    (representing an infant, a 3-year-old, and a 6-year-old) and the Hybrid 
    III 5th percentile adult female dummy in these tests. Injury criteria 
    would be specified for each of the new dummies. The agency is also 
    proposing options that would test the performance of systems designed 
    to suppress air bag deployment in the presence of children and/or out-
    of-position occupants.
        NHTSA believes the proposed amendments would permit the vehicle 
    manufacturers to use any technology or design which can effectively 
    address the problem of adverse effects of air bags to out-of-position 
    occupants, without detracting from the ability of the vehicle to meet 
    Standard No. 208's other occupant protection requirements. The design 
    changes that can be used to meet the proposed requirements range from 
    relatively simple changes in the way air bags deploy to advanced 
    systems incorporating sensors which vary air bag deployment depending 
    on the size, weight and dynamic position of an occupant and crash 
    severity.
        In addition to proposing requirements to address air bag risks to 
    out-of-position occupants, NHTSA is proposing to add to the standard's 
    dynamic frontal crash test requirements to ensure that improved 
    protection is provided to teenagers and adults of different sizes, 
    belted and unbelted, especially ones of smaller stature. Under Standard 
    No. 208's longstanding dynamic crash requirements, vehicles must meet 
    specified injury criteria, including ones for the head and chest, 
    measured on 50th percentile adult male test dummies (both belted and 
    unbelted) during rigid barrier crashes at any speed up to and including 
    48 km/h (30 mph) and at any angle up to  30 
    degrees.2 Thus, manufacturers are required to assure 
    compliance with occupant protection requirements in full scale vehicle 
    crashes representing a wide range of severities and crash pulses that 
    could potentially cause fatal injuries.
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        \2\ As discussed elsewhere in this notice, Standard No. 208 
    currently includes an option for manufacturers to certify their 
    vehicles to an unbelted sled test as an alternative to the unbelted 
    barrier test requirement.
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        However, despite their compliance with requirements specifying the 
    use of 50th percentile adult male dummies, some current air bags may 
    not provide appropriate protection to small adult occupants. Most 
    significantly, some designs do not take account of the special needs of 
    occupants who must sit relatively close to the air bag, such as small-
    statured women drivers. In order to provide protection to someone who 
    sits close to the air bag, an air bag must deploy early in a crash 
    event. However, the air bags of some vehicles deploy late in certain 
    kinds of crashes (such as ones with soft pulses), after a small-
    statured driver, even though belted, has struck the steering wheel. In 
    such a situation, the air bag cannot provide protection and may cause 
    harm. This same problem is faced by persons who sit close to the 
    passenger-side air bag.
        To address this problem, NHTSA is proposing to add new dynamic 
    crash test requirements using 5th percentile adult female dummies. 
    Protection would be required to be demonstrated in a new ``offset 
    deformable barrier crash test,'' a test which replicates a kind of real 
    world crash likely to result in late deployment of many current air 
    bags. This test measures the performance of the sensor system as well 
    as the air bag in a 25-mph crash with a ``soft'' pulse, and would use 
    restrained dummies only. In addition, 5th percentile adult female 
    dummies would be added to the standard's existing 30-mph dynamic crash 
    test requirements, using both restrained and unrestrained dummies.
        The agency has developed injury criteria and seat positioning 
    procedures that it believes are appropriate for small females. Among 
    other things, the agency is including neck injury criteria, since 
    persons close to the air bag at deployment are at greater risk of neck 
    injury. NHTSA notes that it is also proposing to upgrade the current 
    injury criteria specified for 50th percentile adult male dummies, and 
    to add neck injury criteria, to make them consistent with what the 
    agency is proposing for 5th percentile adult female dummies.
        NHTSA recognizes that adding additional sizes of dummies would 
    increase testing costs, but believes that their addition is needed to 
    ensure that air bag performance is appropriate for occupants of 
    different sizes. NHTSA notes that upgrading Standard No. 208 by adding 
    a greater array of dummy sizes would parallel the agency's recent 
    upgrading of Standard No. 213, Child Restraint Systems, through the 
    addition of a greater array of sizes and weights of child test 
    dummies.3 Just as that final rule improved the safety of 
    child restraint systems by providing for evaluation of performance in a 
    more thorough manner, the addition of different size test dummies to 
    Standard No. 208 would improve protection for all occupants by 
    requiring more thorough evaluation of a vehicle's occupant protection 
    system.
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        \3\ 60 FR 35126, July 6, 1995.
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        The agency notes that it may issue a separate document proposing to 
    add the Hybrid III 95th percentile adult male dummy to Standard No. 
    208. With the addition of that dummy, occupant protection would be 
    measured for adult occupant sizes ranging from small-statured females 
    to large-statured males. The agency is not proposing to add the Hybrid 
    III 95th percentile adult male dummy in this notice because development 
    of that dummy has not yet reached the stage where it is appropriate for 
    incorporation into a Federal motor vehicle safety standard.
        NHTSA also notes that during calendar year 1999 it expects to 
    propose a higher speed frontal offset requirement than that specified 
    for the current barrier test. The agency is still conducting research 
    regarding such a requirement. In addition, as more advanced technology 
    is developed, the agency may develop proposals to require further 
    enhancements in occupant protection under Standard No. 208.
        To provide vehicle manufacturers sufficient time to complete 
    development of advanced air bag designs meeting the new requirements 
    proposed in today's notice, and implement them into their cars and 
    light trucks, NHTSA is proposing a phase-in of the upgraded 
    requirements beginning September 1, 2002, with full implementation 
    required effective September 1, 2005. The agency is proposing to 
    provide credits for early compliance with the rule. To address
    
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    the special problems faced by limited line manufacturers in complying 
    with phase-ins, the agency is proposing to permit manufacturers which 
    produce two or fewer carlines 4 the option of omitting the 
    first year of the phase-in if they achieve full compliance effective 
    September 1, 2003.
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        \4\ The term ``carline'' refers to a group of vehicles which has 
    a degree of commonality in construction (e.g., body, chassis). The 
    term is used in NHTSA's automobile parts content labeling program 
    and is defined at 49 CFR Sec. 583.4.
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        NHTSA notes that Standard No. 208 contains several provisions, 
    noted above, that were added as temporary measures to address air bag 
    risks. One is the provision permitting manufacturers to provide manual 
    on-off switches for passenger air bags in vehicles without rear seats 
    or with rear seats too small to accommodate a rear facing infant seat. 
    It expires on September 1, 2000.
        The other is the provision permitting certification based on the 
    unbelted sled test alternative to the unbelted barrier test 
    requirements. It was scheduled to expire on September 1, 2001. However, 
    notwithstanding the expiration date currently specified in the standard 
    for the unbelted sled test option, the NHTSA Reauthorization Act of 
    1998 provides that the sled test option ``shall remain in effect unless 
    and until changed by [the final rule for advanced air bags].'' The 
    Conference Report states that the current sled test certification 
    option remains in effect ``unless and until phased out according to the 
    schedule in the final rule.''
        In this notice, the agency is proposing to amend Standard No. 208 
    so that both the sled test option and the manual on-off switch 
    provision are phased out as the new requirements for advanced air bags 
    are phased in. During the phase-in, the sled test option and manual 
    cutoff provision would not apply to any vehicles certified to the 
    upgraded requirements, but would be available for vehicles not so 
    certified under the same conditions as they are currently available. 
    Thus, as manufacturers develop advanced air bags, they would need to 
    ensure that vehicles equipped with these devices meet all of Standard 
    No. 208's longstanding performance requirements as well as the new ones 
    being proposed today.
        The agency is similarly proposing to amend its regulation 
    permitting the installation of retrofit on-off switches to specify that 
    these devices cannot be installed in vehicles that have been certified 
    to the new requirements for advanced air bags.
        NHTSA notes that, as discussed later in this notice, the auto 
    industry and other commenters have raised a number of objections to the 
    existing unbelted barrier test requirements.5 While the 
    agency is not proposing alternatives to those requirements in this 
    notice, it is requesting comments on whether it should develop 
    alternative unbelted crash test requirements.
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        \5\ The most significant objection is the argument that air bags 
    designed to enable vehicles to meet the unbelted barrier test at 30 
    mph will be too powerful for occupants, especially children, who are 
    extremely close to the air bag at time of deployment. The agency 
    notes, however, that this objection has been made primarily in the 
    context of the continued use of current, single inflation level air 
    bags, instead of the advanced ones that are the subject of this 
    proposal. Another significant objection concerns how representative 
    the barrier test is of real world crashes. As discussed later in 
    this notice, NHTSA is placing in the docket a technical paper which 
    analyzes the representativeness of those requirements with respect 
    to real-world crashes which have a potential to cause serious injury 
    or fatality.
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        This notice also provides the agency's response to all outstanding 
    petitions concerning air bag performance.
    
    III. Statutory Requirements
    
        As part of the NHTSA Reauthorization Act of 1998,6 
    Congress required the agency to conduct rulemaking to improve air bags. 
    The Act directed NHTSA to issue, not later than September 1, 1998, ``a 
    notice of proposed rulemaking 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.''
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        \6\ The NHTSA Reauthorization Act of 1998 is part of P.L. 105-
    178.
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        The Act directs the agency to issue the final rule not later than 
    September 1, 1999. However, if it determines that the final rule cannot 
    be completed by that date, the final rule must be issued no later than 
    March 1, 2000. The final rule must be consistent both with the 
    provisions of the NHTSA Reauthorization Act of 1998 and with 49 U.S.C. 
    Sec. 30111, which specifies the requirements for Federal motor vehicle 
    safety standards.
        The final rule 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. The final rule must become fully 
    effective by September 1, 2005. However, if the phase-in of the final 
    rule does not begin until September 1, 2003, NHTSA is authorized to 
    delay making the final rule fully effective until September 1, 2006.
        To encourage early compliance, NHTSA is directed to include in the 
    NPRM means by which manufacturers may earn credits toward future 
    compliance. Credits, on a one-vehicle for one-vehicle basis, may be 
    earned for vehicles which are certified as being in full compliance 
    with the final rule and which are so certified before the beginning of 
    the phase-in period. They may also be earned during the phase-in if a 
    manufacturer's production of complying vehicles for a model year 
    exceeds the percentage of vehicles required to comply in that year.
        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].'' 
    The Conference Report states that the current sled test certification 
    option remains in effect ``unless and until phased out according to the 
    schedule in the final rule.''
    
    IV. Safety Problem and the Agency's Remedial Actions
    
    A. Introduction
    
        While air bags are providing significant overall safety benefits, 
    NHTSA is concerned that current air bags have adverse effects on 
    certain groups of people in limited situations. Of particular concern, 
    NHTSA has confirmed 105 primarily low speed crashes in which the 
    deployment of an air bag resulted in fatal injuries to an occupant, as 
    of June 1, 1998. NHTSA believes that none of these occupants would have 
    died if the air bag had not deployed.7
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        \7\ The vast majority of the deaths appear to have occurred in 
    crashes in which the vehicle had a change in velocity of less than 
    15 mph. Almost all occurred in crashes with a change of velocity 
    less than 20 mph.
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        The primary factor linking these deaths is the proximity of 
    occupants to the air bag when it deployed. These deaths occurred under 
    circumstances in which the occupant's upper body was very near the air 
    bag when it deployed.
        There were two other factors common to many of the deaths. First, 
    apart from 13 infants fatally injured while riding in rear-facing 
    infant seats, most of the fatally injured people were not using any 
    type of child seat or seat belt. This allowed the people to move 
    forward more readily than properly restrained occupants under 
    conditions of pre-impact braking or low level crashes. Second, the air 
    bags involved in those deaths were, like all current air bags, so-
    called ``one-size-fits-all'' air bags that
    
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    have a single inflation level.8 These air bags deploy with 
    the same force in very low speed crashes as they do in higher speed 
    crashes.
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        \8\ The Federal safety standards do not require a ``one-size-
    fits-all'' approach to designing air bags. They permit a wide 
    variety of technologies that would enable air bags to deploy with 
    less force in lower speed crashes or when occupants are out of 
    position or suppress deployment altogether in appropriate 
    circumstances.
    ---------------------------------------------------------------------------
    
        The most direct behavioral solution to the problem of child 
    fatalities from air bags is for children to be properly belted in the 
    back seat whenever possible, while the most direct behavioral solution 
    for the adult fatalities is to use seat belts and move the driver seat 
    as far back as practicable. Implementing these solutions necessitates 
    increasing the percentage of children who are seated in the back and 
    properly restrained in child safety seats. It also necessitates 
    improving the current 69 percent rate of seat belt usage by a 
    combination of methods, including the enactment of State primary seat 
    belt use laws.9
    ---------------------------------------------------------------------------
    
        \9\ In States with ``secondary'' seat belt use laws, a motorist 
    may be ticketed for failure to wear a seat belt only if there is a 
    separate basis for stopping the motorist, such as the violation of a 
    separate traffic law. This hampers enforcement of the law. In States 
    with primary laws, a citation can be issued solely because of 
    failure to wear seat belts.
    ---------------------------------------------------------------------------
    
        The most direct technical solution to the problem of fatalities 
    from air bags is to require that motor vehicle manufacturers install 
    advanced air bags that protect occupants from the adverse effects that 
    can occur from being too close to a deploying air bag.
        All of these solutions are being pursued by the agency. However, 
    until advanced air bags are incorporated into the vehicle fleet, 
    behavioral changes based on better information and communication about 
    potential hazards and simple, non-automatic technology are the best 
    means of addressing fatalities from air bags, especially those 
    involving children.
        To partially implement these solutions, and preserve the benefits 
    of air bags, while reducing the risk of injury to certain people, NHTSA 
    issued several final rules in the past year-and-a-half.
        One rule requires new passenger cars and light trucks to bear new, 
    enhanced air bag warning labels. (61 FR 60206; November 27, 1996)
        Another rule provided vehicle manufacturers with the temporary 
    option of certifying compliance based on a sled test using an unbelted 
    dummy, instead of conducting a vehicle-to-barrier crash test using an 
    unbelted dummy. (62 FR 12960; March 19, 1997) While vehicle 
    manufacturers could have depowered many or most of their vehicles' air 
    bags without changes to Standard No. 208, the final rule expedited this 
    process. In view of concerns that the gentler crash pulse of the sled 
    test would enable many vehicles to meet Standard No. 208's existing 
    injury criteria without an air bag deploying, the agency added neck 
    injury criteria to help ensure that air bags deploy and are not 
    depowered so much as to be ineffective. Unless the air bags deployed, a 
    vehicle would be very unlikely to be able to pass the neck injury 
    criteria limits. The agency concluded that depowering current single-
    inflation level air bags would most likely reduce the adverse effects 
    of these air bags, although it also expressed concern that depowering 
    could result in less protection being provided to occupants in higher 
    speed crashes, especially for those who are unbelted and/or heavier 
    than average.
        NHTSA has also issued two final rules related to manual on-off 
    switches. One extends the temporary time period during which vehicle 
    manufacturers are permitted to offer manual on-off switches for the 
    passenger air bag for vehicles without rear seats or with rear seats 
    that are too small to accommodate rear facing infant seats. (62 FR 798; 
    January 6, 1997) The other final rule exempts motor vehicle dealers and 
    repair businesses from the statutory prohibition against making 
    federally-required safety equipment inoperative so that they may 
    install retrofit manual on-off switches for driver and passenger air 
    bags in vehicles owned by or used by persons who are in groups at 
    special risk from air bags and whose requests for switches have been 
    authorized by the agency. (62 FR 62406; November 21, 1997)
        On the behavioral side, the agency has initiated a national 
    campaign to increase usage of seat belts through the enactment of 
    primary seat belt use laws, more public education, and more effective 
    enforcement of existing belt use and child safety seat use laws.
        In conjunction with the National Aeronautical and Space 
    Administration, as well as Transport Canada, and in cooperation with 
    domestic and foreign vehicle manufacturers, restraint system suppliers 
    and others through the Motor Vehicle Safety Research Advisory Committee 
    (MVSRAC), NHTSA has undertaken data analysis and research to address 
    remaining questions concerning the development and introduction of 
    advanced air bags.
        In today's notice, the agency is proposing to require advanced air 
    bags.
    
    B. Background
    
    1. Air Bags: Safety Issues
        a. Lives saved and lost. Air bags have proven to be highly 
    effective in reducing fatalities from frontal crashes, the most 
    prevalent fatality and injury-causing type of crash. Frontal crashes 
    cause 64 percent of all driver and right-front passenger fatalities.
        NHTSA estimates that, between 1986 and June 1, 1998, air bags have 
    saved about 3,148 drivers and passengers (2,725 drivers (87 percent) 
    and 423 passengers (13 percent)).10 Of the 3,148, 2,267 (72 
    percent) were unbelted and 881 (28 percent) were belted. These agency 
    estimates are based on comparisons of the frequency of front seat 
    occupant deaths in vehicles without air bags and in vehicles with air 
    bags. Approximately half of those lives were saved in the last two 
    years. These savings occurred primarily in moderate and high speed 
    crashes.
    ---------------------------------------------------------------------------
    
        \10\ Studies published in the November 5, 1997 issue of the 
    Journal of the American Medical Association by the Insurance 
    Institute for Highway Safety (IIHS) and by the Center for Risk 
    Analysis at the Harvard School of Public Health confirm the overall 
    value of passenger air bags, while urging action be taken quickly to 
    address the loss of children's lives due to those air bags. IIHS 
    found that passenger air bags were associated with a substantial 
    reduction in crash deaths. The Center evaluated the cost-
    effectiveness of passenger air bags and concluded that they produce 
    savings at costs comparable to many well-accepted medical and public 
    health practices.
    ---------------------------------------------------------------------------
    
        Pursuant to the mandate in the Intermodal Surface Transportation 
    Efficiency Act of 1991 (ISTEA) for the installation of air bags in all 
    passenger cars and light trucks, the number of air bags in vehicles on 
    the road will increase each year. As a result, the annual number of 
    lives saved by air bags will continue to increase each year. Based on 
    current levels of effectiveness, air bags will save more than 3,200 
    lives each year in passenger cars and light trucks when all light 
    vehicles on the road are equipped with dual air bags. This estimate is 
    based on current seat belt use rates (about 69 percent, according to 
    State-reported surveys).
        While air bags are saving large numbers of people in moderate and 
    high speed crashes, they sometimes cause fatalities, especially to 
    children, in lower speed crashes. As of June 1, 1998, NHTSA's Special 
    Crash Investigation program had confirmed a total of 105 crashes in 
    which the deployment of an air bag resulted in fatal injuries. Sixty-
    one of those fatalities involved children. Four adult passengers have 
    also been fatally injured. Forty drivers are known to have been fatally 
    injured.
        Just as the number of lives saved per year will rise as more 
    vehicles are
    
    [[Page 49963]]
    
    equipped with air bags, so will the number of fatalities caused by air 
    bags, absent either advanced air bags or changes in occupant behavior. 
    Using the year 2000 as a point of reference, if all passenger vehicles 
    on the road were equipped with air bags, air bags would save 3,215 
    lives annually. However, there would be 214 fatalities annually--33 
    infants in rear facing child seats, 129 other children, 41 drivers, and 
    11 adult passengers.
        It is important to note that these estimates are based on pre-model 
    year 1998 air bags and on the assumption that there are no changes in 
    occupant demographics, driver/passenger behavior, belt use, child 
    restraint use, or the percent of children sitting in the front seat. 
    However, as noted above, changes have already occurred that have 
    reduced the potential number of fatalities. Manufacturers redesigned 
    most air bags for model year 1998 to reduce the adverse effects of air 
    bags. Moreover, additional changes are anticipated. As public education 
    programs succeed in creating better awareness of occupant safety 
    issues, and as auto manufacturers voluntarily continue to improve their 
    air bags, the potential adverse effects of air bags will be further 
    reduced. Nonetheless, the agency believes that the air bag fatalities 
    that have occurred to date, and the potentially much larger number of 
    air bag fatalities that could occur when all light vehicles are 
    equipped with air bags, demonstrate the need for regulatory action in 
    this area.
        b. Causes of air bag fatalities. Air bag fatalities are caused by a 
    combination of proximity to deploying air bags and the current designs 
    of those air bags. The one fact that is common to all persons who died 
    is not their height, weight, gender, or age. Instead, it is the fact 
    that they were too close to the air bag when it started to deploy. For 
    some, this occurred because they were initially sitting too close to 
    the air bag. More often, this occurred because they were not restrained 
    by seat belts or child safety seats and were thrown forward during pre-
    crash braking.
        Air bags are designed to save lives and prevent injuries by 
    cushioning occupants as they move forward in a frontal crash. They keep 
    an occupant's head, neck, and chest from hitting the steering wheel or 
    instrument panel. To accomplish this, an air bag must move into place 
    quickly. The force of a deploying air bag is greatest as the air bag 
    begins to inflate. The force decreases as the air bag inflates further.
        Occupants who are very close to or in contact with the cover of a 
    stored air bag when the air bag begins to inflate can be hit with 
    enough force to suffer serious injury or death. In general, a driver 
    can avoid this risk by sitting at least 10 inches away from the air bag 
    (measured from the breastbone to the center of the air bag cover) and 
    wearing safety belts. Teenage and adult passengers can avoid this risk 
    by moving their seat back and wearing their safety belts. Children 
    should ride in the rear seat whenever possible.
        The confirmed fatalities involving children have a number of fairly 
    consistent characteristics. First, 13 infants were in rear-facing 
    infant seats that were installed in front of a passenger side air bag. 
    Second, the vast majority of the older children were not using any type 
    of restraint.11 Third, as noted above, the crashes occurred 
    at relatively low speeds. If the passenger air bag had not deployed in 
    those crashes, the children would probably not have been killed or 
    seriously injured. Fourth, the infants and older children were very 
    close to the instrument panel when the air bag deployed. A rear-facing 
    infant seat which is installed in the front seat of a vehicle with a 
    passenger side air bag will always position the infant's head very 
    close to the air bag. For essentially all of the older children, the 
    non-use or improper use of occupant restraints or the failure to use 
    the restraints most appropriate to the child's weight and age, in 
    conjunction with pre-impact braking, resulted in the forward movement 
    of the children prior to the actual crash. As a result, they were very 
    close to the air bag when it deployed. Because of their proximity, the 
    children sustained fatal head or neck injuries from the deploying 
    passenger air bag.
    ---------------------------------------------------------------------------
    
        \11\ 39 of the 48 forward-facing children who were fatally 
    injured by air bags were not using any type of belt or other 
    restraint. The remaining children included some who were riding with 
    their shoulder belts behind them and some who were wearing lap and 
    shoulder belts but who also should have been in booster seats 
    because of their small size and weight. Booster seat use could have 
    improved shoulder belt fit and performance. These various factors 
    and pre-crash braking allowed the children to get too close to the 
    air bag when it began to inflate.
    ---------------------------------------------------------------------------
    
        As in the case of the children fatally injured by air bags, the key 
    factor regarding the confirmed adult deaths has been their proximity to 
    the air bag when it deployed. The most common reason for their 
    proximity was failure to use seat belts. Only 11 of the 40 drivers were 
    known to be properly restrained by lap and shoulder belts at the time 
    of the crash. As in the case of children, the deaths of drivers have 
    occurred primarily in low speed crashes.
        The other cause of air bag fatalities is the design of current air 
    bags. Air bag fatalities are not a problem inherent in the concept of 
    air bags or in the agency's occupant restraint standard. That standard 
    has always permitted, but not required, vehicle manufacturers to use a 
    variety of design features that would reduce or eliminate the 
    fatalities that have been occurring, e.g., higher deployment thresholds 
    that will prevent deployment in low speed crashes, sensors that adjust 
    the deployment threshold depending on whether the occupant is 
    belted,12 different folding patterns and aspiration designs, 
    dual stage inflators,13 new air bag designs like the Autoliv 
    ``Gentle Bag'' that deploys first radially and then toward the 
    occupant, and advanced air bags that either adjust deployment force or 
    suppress deployment altogether in appropriate circumstances. While some 
    of these features are new or are still under development, others have 
    been around (at least conceptually) for more than a decade. The agency 
    identified a number of these features in conjunction with its 1984 
    decision concerning automatic occupant protection and noted that 
    vehicle manufacturers could choose among those features to address the 
    problems reported by those manufacturers concerning out-of-position 
    occupants.
    ---------------------------------------------------------------------------
    
        \12\ For example, Mercedes-Benz offers passenger air bags whose 
    deployment threshold is 12 mph if the passenger is unbelted and 18 
    mph if the passenger is belted.
        \13\ The passenger-side air bags installed in approximately 
    10,000 GM cars in the 1970's were equipped with dual stage 
    inflators. Today, for example, Autoliv, a Swedish manufacturer of 
    air bags, has a ``gas generator that inflates in two steps, giving 
    the bag time to unfold and the vent holes to be freed before the 
    second inflation starts. Should the bag then encounter an occupant, 
    any excessive gas--and indeed bag pressure--will exit through the 
    vent holes.''
    ---------------------------------------------------------------------------
    
        Although Standard No. 208 permits vehicle manufacturers to install 
    air bags incorporating those advanced features, very few current air 
    bags do so. Instead, vehicle manufacturers have thus far used designs 
    that inflate with the same force under all circumstances. Although the 
    vehicle manufacturers are now working to incorporate advanced features 
    in their air bags, the introduction of air bags with those features is 
    only just beginning.
        Partly in view of the lead time needed to incorporate those 
    advanced features, vehicle manufacturers first took the quicker step of 
    depowering their air bags. Under a recent temporary amendment to 
    Standard No. 208, vehicle manufacturers have expedited their 
    introduction of depowered or otherwise redesigned air bags. While these 
    modified air bags will reduce, but not eliminate, the incidence of air 
    bag-
    
    [[Page 49964]]
    
    caused deaths, they still deploy with the same force in all crashes, 
    regardless of severity, and regardless of occupant weight or location. 
    Many manufacturers introduced substantial numbers of these less 
    powerful air bags in model year 1998.
    2. Air Bag Requirements
        Today's air bag requirements evolved over a 25-year period. NHTSA 
    issued its first public notice concerning air bags in the late 1960's. 
    Although vehicle manufacturers began installing air bags in 1986, it 
    was not until the fall of 1996 that manufacturers were first required 
    to install air bags in any motor vehicles.14
    ---------------------------------------------------------------------------
    
        \14\ Air bag firsts--In view of the confusion evident in some 
    public comments in recent rulemakings and even in some media 
    accounts about when air bags were first required, and by whom, the 
    agency has set forth a brief chronology below:
         1972 First year in which vehicle manufacturers had the 
    option of installing air bags in passenger cars as a means of 
    complying with Standard No. 208. Prior to that year, vehicle 
    manufacturers had to comply means of installing manual lap and 
    shoulder belts. GM installed driver and passenger air bags in 
    approximately 10,000 passenger cars in the mid-1970's.
         1986 First year in which vehicle manufacturers no 
    longer had the option of installing manual belts and were required 
    instead to install some type of automatic protection (either 
    automatic belts or air bags) in some passenger cars. This 
    requirement was issued by Secretary Dole in 1984. At the time of 
    that issuance, the agency expressly noted that vehicle manufacturers 
    had expressed concerns about air bags and out-of-position occupants. 
    In response to those concerns, NHTSA identified a variety of 
    technological remedies whose use was permissible under the Standard. 
    Between 1986 and 1996, vehicle manufacturers chose to comply with 
    the automatic protection requirements by installing over 35 million 
    driver air bags and over 18 million passenger air bags in passenger 
    cars. Another 12 million driver air bags and almost 3 million 
    passenger air bags were installed in light trucks in that same time 
    period.
         1996 First year in which vehicle manufacturers were 
    required to install air bags in some passenger cars. This 
    requirement was mandated by the 1991 Intermodal Surface 
    Transportation Efficiency Act of 1991.
    ---------------------------------------------------------------------------
    
        When the requirements for automatic protection (i.e., protection by 
    means that require no action by the occupant) were adopted in 1984 for 
    passenger cars, they were expressed in broad performance terms that 
    provided vehicle manufacturers with choices of a variety of methods of 
    providing automatic protection, including automatic belts and air bags. 
    Further, the requirements gave vehicle manufacturers broad flexibility 
    in selecting the performance characteristics of air bags. Later, those 
    requirements were extended to light trucks. While vehicle manufacturers 
    initially installed automatic belts in many of their vehicles, 
    ultimately, strong market preference for air bags led manufacturers to 
    move toward installing them in all of their passenger cars and light 
    trucks.
        In 1991, Congress included a provision in ISTEA directing NHTSA to 
    amend Standard No. 208 to require that all passenger cars and light 
    trucks provide automatic protection by means of air bags. ISTEA 
    required at least 95 percent of each manufacturer's passenger cars 
    manufactured on or after September 1, 1996, and before September 1, 
    1997, to be equipped with an air bag and a manual lap/shoulder belt at 
    both the driver and right front passenger seating positions. Every 
    passenger car manufactured on or after September 1, 1997, must be so 
    equipped. The same basic requirements were phased in for light trucks 
    one year later.15 The final rule implementing this provision 
    of ISTEA was published in the Federal Register (58 FR 46551) on 
    September 2, 1993.
    ---------------------------------------------------------------------------
    
        \15\ At least 80 percent of each manufacturer's light trucks 
    manufactured on or after September 1, 1997 and before September 1, 
    1998 must be equipped with an air bag and a manual lap/shoulder 
    belt. Every light truck manufactured on or after September 1, 1998 
    must be so equipped.
    ---------------------------------------------------------------------------
    
        Standard No. 208's 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 
    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, the agency published a final rule 
    temporarily amending Standard No. 208 to provide the option of testing 
    air bag performance with an unbelted dummy in a sled test incorporating 
    a 125 millisecond standardized crash pulse instead of in a vehicle-to-
    barrier crash test. This amendment was made primarily to expedite 
    manufacturer efforts to reduce the force of air bags as they deploy.
        Standard No. 208's current automatic protection requirements, like 
    those established 14 years ago in 1984, apply to the performance of the 
    vehicle as a whole, and not to the air bag as a separate item of motor 
    vehicle equipment. The broad vehicle performance requirements permit 
    vehicle manufacturers to ``tune'' the performance of the air bag to the 
    specific attributes of each of their vehicles.
        The Standard's requirements also permit manufacturers to design 
    seat belts and air bags to work together. Before air bags, seat belts 
    had to do all the work of restraining an occupant and reducing the 
    likelihood that the occupant will strike the interior of the vehicle in 
    a frontal crash. Another consequence of not having air bags was that 
    vehicle manufacturers had to use relatively rigid and unyielding seat 
    belts that can concentrate a lot of force along a narrow portion of the 
    belted occupant's body in a serious crash. This concentration of force 
    created a risk of bone fractures and injury to underlying organs. The 
    presence of an air bag increases the vehicle manufacturer's ability to 
    protect belted occupants. Through using force management devices, such 
    as load limiters, a manufacturer can design seat belts to extend or 
    release additional belt webbing before the belts concentrate too much 
    force on the belted occupant's body. When these new belts stretch or 
    extend, the deployed air bag is there to prevent the belted occupant 
    from striking the vehicle interior.
        Further, as noted above, Standard No. 208 permits, but does not 
    require, vehicle manufacturers to design their air bags to minimize the 
    risk of serious injury to unbelted, out-of-position occupants, 
    including children and small drivers. The standard gives the 
    manufacturers significant freedom to select specific attributes to 
    protect all occupants, including attributes such as (1) the crash 
    speeds at which the air bags deploy, (2) the force with which they 
    deploy, (3) air bag tethering and venting to reduce inflation force 
    when a deploying air bag encounters an occupant close to the steering 
    wheel or the instrument panel, (4) the use of sensors to both detect 
    the presence of rear-facing child restraints and the presence of small 
    children and prevent air bag inflation, (5) the use of sensors to 
    detect occupant position and prevent air bag inflation if appropriate, 
    and (6) the use of multi-stage versus single stage inflators. Multi-
    stage inflators enable air bags to deploy with lower force in low speed 
    crashes, the type of crashes in which children and drivers have been 
    fatally injured, and with more force in higher speed crashes.
    
    C. Comprehensive Agency Plan To Address Air Bag Fatalities
    
        In late November 1996, NHTSA announced that it would be 
    implementing a comprehensive plan of rulemaking and other actions 
    (e.g., consumer education and encouragement of State seat belt use laws 
    providing for primary enforcement of their requirements) addressing the 
    adverse
    
    [[Page 49965]]
    
    effects of air bags.16 While there is a general consensus 
    that the best approach to preserving the benefits of air bags while 
    preventing air bag fatalities will ultimately be the introduction of 
    advanced air bag systems, those air bags are not immediately available. 
    Accordingly, the agency has focused on rulemaking and other actions to 
    help reduce the adverse effects of air bags in existing vehicles as 
    well as in vehicles produced during the next several model years. The 
    actions which have been taken, or are being taken, include the 
    following:
    ---------------------------------------------------------------------------
    
        \16\ For a discussion of the actions taken by NHTSA before 
    November 1996 to address the adverse effects of air bags, see pp. 
    40787-88 of the agency's NPRM published August 6, 1996 (61 FR 
    40784).
    ---------------------------------------------------------------------------
    
    1. Interim Rulemaking Solutions
        a. Existing and future vehicles-in-use. On November 11, 1997, NHTSA 
    published in the Federal Register (62 FR 62406) a final rule exempting, 
    under certain conditions, motor vehicle dealers and repair businesses 
    from the ``make inoperative'' prohibition in 49 U.S.C. Sec. 30122 by 
    allowing them to install retrofit manual on-off switches for air bags 
    in vehicles owned by people whose request for a switch is authorized by 
    NHTSA. The purpose of the exemption is to preserve the benefits of air 
    bags while reducing the risk that some people have of being seriously 
    or fatally injured by current air bags. The exemption also allows 
    consumers to have new vehicles retrofitted with on-off switches after 
    the purchase of those vehicles. It does not, however, allow consumers 
    to purchase new vehicles already equipped with on-off switches. 
    (Another rule, discussed below, allows manufacturers to ``factory 
    install'' manual on-off switches for vehicles with no, or small, rear 
    seats.)
        b. New vehicles. On November 27, 1996, the agency published in the 
    Federal Register (61 FR 60206) a final rule amending Standards No. 208 
    and No. 213 to require improved labeling on new vehicles and child 
    restraints to better ensure that drivers and other occupants are aware 
    of the dangers posed by passenger air bags to children, particularly to 
    children in rear-facing infant restraints in vehicles with operational 
    passenger air bags. The improved labels were required on new vehicles 
    beginning February 25, 1997, and were required on child restraints 
    beginning May 27, 1997.
        On January 6, 1997, the agency published in the Federal Register 
    (62 FR 798) a final rule extending until September 1, 2000, an existing 
    provision in Standard No. 208 permitting vehicle manufacturers to offer 
    manual on-off switches for the passenger air bag for new vehicles 
    without rear seats or with rear seats that are too small to accommodate 
    rear-facing infant restraints.
        On March 19, 1997, NHTSA published in the Federal Register (62 FR 
    12960) a final rule temporarily amending Standard No. 208 to facilitate 
    efforts of vehicle manufacturers to depower their air bags quickly so 
    that they inflate less aggressively. This change, coupled with the 
    broad flexibility already provided by the standard's existing 
    performance requirements, provided the vehicle manufacturers maximum 
    flexibility to quickly reduce the adverse effects of current air bags. 
    Vehicle manufacturers provided air bags that were depowered or 
    otherwise redesigned for a large number of model year 1998 vehicles.
    2. Longer-Term Rulemaking Solution
        In today's notice, NHTSA is proposing to require advanced air bags. 
    The agency is proposing new performance requirements 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.
    3. Educational Efforts; Child Restraint and Seat Belt Use Laws
        In addition to taking these actions, and conducting extensive 
    public education efforts, the Department of Transportation announced in 
    the spring of 1997 a national strategy to increase seat belt and child 
    seat use. Higher use rates would decrease air bag fatalities and the 
    chance of adverse safety tradeoffs occurring as a result of turning off 
    air bags. The plan to increase seat belt and child seat use has four 
    elements: stronger public-private partnerships; stronger State seat 
    belt and child seat use laws (e.g., laws providing for primary 
    enforcement of seat belt use requirements); active, high-visibility 
    enforcement of these laws; and effective public education. Substantial 
    benefits could be obtained from achieving higher seat belt use rates. 
    For example, if observed belt use increased from 69 percent to 90 
    percent, an estimated additional 5,400 lives would be saved annually 
    over the estimated 10,414 lives currently being saved by seat belts. In 
    addition, an estimated 129,000 injuries would be prevented annually. 
    The economic savings from these incremental reductions in both 
    fatalities and injuries would be $8.5 billion annually.
    
    V. Technological Opportunities
    
        The air bag suppliers and vehicle manufacturers are working on a 
    wide range of advanced technologies to upgrade air bag system 
    performance, including but not limited to addressing adverse effects of 
    air bags to out-of-position occupants. To illustrate the kinds of 
    technological opportunities that are available, NHTSA is including a 
    discussion on this subject presented by JPL in the Executive Summary of 
    its Advanced Air Bag Technology Assessment. For additional information, 
    interested persons are referred to the full JPL report, NHTSA's 
    Preliminary Economic Assessment for this proposal and the references it 
    cites, and the docket for this and other notices relating to Standard 
    No. 208.
        The JPL Executive Summary includes the following discussion of 
    technological opportunities (section numbers are omitted):
        Model year 2001. The technologies that are being developed and that 
    may be available for model year 2001 provide both improved information 
    and improved response. 17
    ---------------------------------------------------------------------------
    
        \17\  NHTSA notes that JPL, in identifying and analyzing 
    parameters to reflect the functions that may be required of advanced 
    technology, classified those parameters by the information provided 
    about the crash and the occupants and the air bag system response.
    ---------------------------------------------------------------------------
    
    Information
    
         Crash sensor/control systems with improved algorithms will 
    better discriminate when air bag deployment is necessary for occupant 
    crash protection, will provide better threshold control, and will 
    determine the appropriate inflation level for two-stage inflators.
         Belt use status sensors can detect when an occupant is 
    belted so that the air bag deployment threshold can be raised when 
    belts are in use. (These are currently in use in some cars.)
         Seat position sensors provide an approximate surrogate 
    measure of occupant size and proximity to the air bag module. They can 
    be used in combination with belt status sensors to determine the 
    appropriate inflator output.
         Seat belt spool-out sensors could provide additional 
    information about an occupant's size and proximity to the air bag 
    module. These sensors were not mentioned as being part of any current 
    industry use strategy and therefore may not be available by model year 
    2001.
         Static proximity (occupant position) sensors could 
    identify occupants in the keep-out zone, but will be available only if 
    an aggressive development program is
    
    [[Page 49966]]
    
    undertaken. They would not reduce injuries to all out-of-position 
    occupants, and they could be ``fooled'' some of the time.
    
    Response
    
         Automatic suppression can prevent inflation when sensors 
    determine that an ccupant is in a keep-out zone where injuries could 
    occur.
         Two-stage inflators can permit relatively soft inflation 
    for crashes of lower threshold velocity, and full inflation when 
    necessary for crashes of high threshold velocity.
         Compartmented air bags, radial deployments, and bags with 
    lighter-weight fabrics may reduce the size of the keep-out zone.
         Advanced belts can improve restraint system safety and 
    protectiveness. They may include pretensioners that can provide better 
    coupling of the occupant to the seat for improved ride-down during the 
    crash. Also, they can, to some degree, limit occupant proximity to the 
    air bag module. Load limiters can also improve belt performance by 
    reducing maximum belt loads on the occupant. (Pretensioners and load 
    limiters are currently in some vehicles.)
        Model year 2003. By model year 2003, there could be evolutionary 
    changes in some of the systems and the possibility of the introduction 
    of occupant and proximity sensors.
    
    Information
    
         Crash sensor/control system algorithms will continue to be 
    improved.
         Belt use sensors will be widely used already.
         Integrated occupant and proximity sensors could be 
    available that would identify occupants in the keep-out zone or those 
    who would enter it.
         Precrash sensors may be available, but their application 
    requires further investigation.
    
    Response
    
         Automatic suppression to prevent inflation will be 
    available for use with proximity sensors.
         Multistage inflators to provide more tailored responses 
    for a variety of occupants and crash severities could be available, if 
    needed.
         Bag designs will continue to be improved, permitting a 
    reduction of the keep-out zone.
         Pretensioners and load limiters will be placed in 
    increasing numbers of vehicles. Air belts will be available to improve 
    safety belt effectiveness.
        NHTSA notes that the JPL report presents tables listing specific 
    technologies for advanced safety restraint systems and providing a 
    summary of advanced technology characteristics. The technology items 
    discussed in the JPL report include:
    
    Sensors
    
    --Pre-Crash Sensing
    --Crash Severity Sensors
    --Sensing Diagnostic Modules/Crash Algorithms
    --Belt Use Sensors
    --Belt Spool-Out Sensors
    --Seat Position Sensors
    --Occupant Classification Sensors
    --Occupant Proximity Motion Sensors
    --Computational Systems/Algorithms
    
    Inflators
    
    --Non-Azide Propellants
    --Hybrid Inflators
    --Heated Gas Inflators
    --Multistage Inflators
    --Inflators With Tailorable Mass Flow Rate
    
    Air Bags
    
    --New Fabrics and Coatings
    --New Woven Fabrics and Bag Construction
    --New Bag Shapes and Compartmented Bags
    --New Air Bag Venting Systems
    
    Seat Belt Systems
    
    --Pretensioners
    --Load Limiting Devices
    --Inflatable Seat Belts
    
    The JPL report also presents an assessment of the merits of advanced 
    technologies.
        The JPL report cautioned that expected improvements in the safety 
    and protectiveness of air bags must be tempered by the understanding 
    that there are key technology developments that need to be 
    accomplished, namely:
         Air bag deployment time variability must be reduced by 
    improvements in the vehicle crush/crash sensor system.
         Inflator variability must be reduced so that dual-stage 
    inflators can be applied effectively.
         System and component reliability must receive diligent 
    attention to achieve the high levels required under field conditions.
         Occupant sensors must be developed that can distinguish 
    with high accuracy small, medium, and large adults; children; and 
    infant seats.
         Position sensors to measure occupant proximity to the air 
    bag module with the required response time and accuracy must be 
    demonstrated.
        The JPL report noted that all of the above are the subject of 
    current development, but development, test, and integration of the 
    advanced technologies needs to be accelerated to enable their 
    incorporation into production vehicles.
        The JPL report also notes that its projections of technology 
    availability are based on limited contacts with a limited number of 
    vehicle manufacturers and suppliers, and that the state of the art of 
    advanced air bag technologies is in a high state of flux. The report 
    notes that the projected technologies, as well as other technologies, 
    may advance more or less rapidly than indicated.
        NHTSA has had more extensive contacts than JPL with suppliers and 
    vehicle manufacturers, and more recent ones. Based on confidential 
    information shared with the agency during those contacts, NHTSA 
    believes that the JPL report is conservative in its assessment of the 
    stages that some suppliers have reached in developing new technologies 
    and the model year in which some of the very highly advanced air bag 
    designs will first be introduced.
        NHTSA recognizes, however, that different suppliers and vehicle 
    manufacturers are at different stages in their development of advanced 
    air bags, and also face different constraints and challenges, e.g., 
    different states-of-the-art of their current air bag systems, 
    engineering resources, number of vehicles for which air bags need to be 
    redesigned, etc. The agency believes the proposed date for the 
    beginning of the phase-in, the phase-in itself, and also the proposal 
    of a number of manufacturer options to reflect different available 
    design choices, would accommodate these differing situations.
    
    VI. Proposal for Advanced Air Bags
    
    A. Introduction
    
        NHTSA's goals in this rulemaking are to enhance the benefits of air 
    bags for all occupants while eliminating or minimizing risks from air 
    bags, and to ensure that the needed improvements in occupant protection 
    are made expeditiously, and in accordance with the recently adopted 
    statutory deadlines. As discussed in the preceding section of this 
    notice, the vehicle manufacturers and their suppliers are already 
    pursuing a wide variety of technological opportunities that can be used 
    to achieve these goals.
        The sheer number and variety of available technological 
    opportunities creates special challenges from a regulatory perspective. 
    While the availability of multiple technologies generally makes it 
    easier to solve the current problems with air bags quickly, it also 
    means that the agency must take special care to ensure that the 
    regulatory language it adopts will not be unnecessarily design-
    restrictive.
        Among other things, the agency wishes to avoid:
         Inadvertently preventing the use of superior air bag 
    designs;
    
    [[Page 49967]]
    
         Favoring one viable technology or design over another, 
    where either would meet the need for safety;
         Requiring an expensive solution, where an inexpensive one 
    will work; or
         Requiring implementation of a particular technology before 
    it can be appropriately developed.
        In seeking to ensure that its proposal is not unnecessarily design-
    restrictive, the agency has sought to develop requirements that are as 
    performance-oriented as possible, and to include manufacturer options 
    that accommodate for the kinds of technological solutions that the 
    agency knows are under development.
        Moreover, since the ultimate question for regulators, industry, and 
    the public is how the required safety features will work in the real 
    world, NHTSA has sought to specify test procedures that most closely 
    replicate the real world conditions that affect the possibility of 
    traffic deaths and injuries.
        As a result, NHTSA is proposing to require manufacturers to meet 
    improved performance criteria in additional tests using a wider array 
    of test dummies. The existing and proposed tests are identified in 
    Figures 1 and 2, below. Figure 1 shows tests for requirements to 
    preserve and improve occupant protection for different size occupants, 
    belted and unbelted. Figure 2 shows tests for requirements to minimize 
    the risk to infants, children, and other occupants from injuries and 
    deaths caused by air bags.
    
    BILLING CODE 4910-59-P
    
    [[Page 49968]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.000
    
    
    
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    [GRAPHIC] [TIFF OMITTED] TP18SE98.001
    
    
    
    BILLING CODE 4910-59-C
    
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        NHTSA notes that, in the future, it expects to propose a higher 
    speed frontal offset test requirement and also is considering proposing 
    one or more tests using 95th percentile adult male dummies. The agency 
    is not proposing a higher speed frontal offset test requirement at this 
    time because it is still conducting research regarding such a 
    requirement. 18 The agency is not proposing tests using 95th 
    percentile adult male dummies at this time because the development of 
    that dummy is not expected to be completed until sometime next year.
    ---------------------------------------------------------------------------
    
        \18\  For information concerning the agency's research program, 
    interested persons are referred to the agency's 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 NHTSA's web site. The address for the section of the 
    web site where this report is located is ``http://www.nhtsa.dot.gov/
    cars/rules/CrashWorthy/''.
    ---------------------------------------------------------------------------
    
        Under the proposed performance requirements identified in Figures 1 
    and 2, vehicle manufacturers would be required to show that the air 
    bags in their vehicles provide protection to small stature occupants as 
    well as to average size males, and to adopt one or more of a number of 
    available design features that will minimize the risk caused by air 
    bags to infants in rear-facing child restraints, out-of-position 
    children, or other out-of-position occupants in low speed crashes.
        The test matrix identified in Figures 1 and 2 represents a natural 
    evolution and refinement of Standard No. 208's current requirements. 
    The agency has always sought to include in the standard test procedures 
    that replicate the real world factors that affect the possibility of 
    traffic deaths and injuries. This is the best way to ensure that 
    required safety features will perform well not only in compliance 
    tests, but also in the real world.
        Among other things, the agency has long specified full scale 
    vehicle crash tests using instrumented dummies because it is only 
    through such tests that the protection provided by a vehicle and its 
    occupant protection system can be fully measured. Different vehicle 
    models have different crash pulses. The results of crash tests reflect 
    not only the performance of the air bag, but how a particular vehicle 
    model crumples and absorbs energy in a crash, i.e., its individual 
    crash pulse. The use of crash tests necessitates that vehicle 
    manufacturers take into account the crash pulse of their vehicles, the 
    air bag design, occupant compartment design features, seat belt design 
    (for belted tests) and specific attributes of each of their subsystems.
        Also, the agency has long included tests for air bag-equipped 
    vehicles using both belted and unbelted dummies, since a large number 
    of occupants in the United States continue to ride unbelted. Even 
    today, nearly half of all occupants in potentially fatal crashes do not 
    wear their seat belts. Teenagers are particularly likely to ride 
    unbelted.
        Moreover, the Standard has long included test conditions that 
    replicate a variety of different types of crashes. Of particular note, 
    the standard's longstanding barrier test requirements specify crash 
    tests at any speed up to and including 48 km/h (30 mph), and at a range 
    of impact angles.
        NHTSA has also always sought to maximize manufacturer flexibility 
    in providing effective occupant protection. As the agency has stated 
    many times, Standard No. 208 has never specified the design of an air 
    bag. Manufacturers have been free to design their air bags in any 
    manner they like, e.g., any size, any inflation level, etc. so long as 
    the standard's injury criteria limits are not exceeded in specified 
    crash tests.
        Today's proposal follows these longstanding practices by proposing 
    to add new tests that replicate additional real world factors that 
    affect the possibility of deaths and injuries which are not directly 
    addressed by the standard's current requirements. Manufacturers would 
    continue to be permitted maximum design freedom in designing their air 
    bags, so long as the standard's injury criteria performance limits are 
    met in specified tests.
        Manufacturers can use many different technologies and designs to 
    meet the proposed requirements. One approach is for manufacturers to 
    develop air bags that inflate in a manner that does not cause injuries 
    to out-of-position occupants. Several air bag suppliers have recently 
    demonstrated air bags that incorporate improved folding patterns and 
    internal tethering and venting to reduce the risk of injury to out-of-
    position occupants. For example, Autoliv has demonstrated an 
    ``umbrella'' air bag that deploys first radially and then toward the 
    vehicle occupant. It also may be possible to design air bags that use 
    vents or other means of preventing further deployment if the air bag is 
    blocked by the occupant during inflation. Again, under today's 
    proposal, manufacturers would be permitted flexibility in designing 
    their air bags as long as all of the standard's performance 
    requirements are met in specified tests.
        A discussion of each of the specific proposed test requirements 
    follows, in the general order presented in Figures 1 and 2.
    
    B. Existing and Proposed Test Requirements
    
    1. Tests for Requirements To Preserve and Improve Occupant Protection 
    for Different Size Occupants, Belted and Unbelted
        a. Safety of medium to large teenagers and adults. Standard No. 208 
    has long required vehicles to meet specified injury criteria, including 
    criteria for the head and chest, measured on 50th percentile adult male 
    test dummies during a rigid barrier crash test at any speed up to 48 
    km/h (30 mph) and over the range of angles from -30 degrees to +30 
    degrees. The standard has required air-bag-equipped vehicles to meet 
    the criteria both with the dummies belted and unbelted.
        If a vehicle crash test is to measure the overall ability of a 
    vehicle and its occupant protection system to prevent fatalities and 
    serious injuries, the crash test must have the severity of a 
    potentially fatal crash. It is also important that the crash test make 
    it necessary for vehicle manufacturers to design and equip their 
    vehicles so that they provide protection in a range of potentially 
    fatal crashes, recognizing that no single type of crash test can be 
    directly representative of all the myriad potentially fatal crashes 
    that occur in the real world.
        The longstanding barrier test requirement specified in Standard No. 
    208 simulates a wide range of potentially fatal crashes, both with 
    respect to severity and crash pulse. The test is conducted at any speed 
    up to 48 km/h (30 mph), meaning that protection must be provided at all 
    such speeds, e.g., 32 km/h (20 mph) and 40 km/h (25 mph), as well as 48 
    km/h (30 mph). The test is also conducted at any angle between 30 
    degrees to the left and 30 degrees to the right. 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 
    strikes a bridge abutment or fully engages another similar-sized or 
    larger vehicle directly head-on, the angled rigid barrier tests result 
    in crash pulses of longer duration, i.e., a softer crash pulse.
        The rigid barrier test requirements have been an integral part of 
    the standard's automatic crash protection requirements and have 
    resulted in enormous savings of lives. As noted above, NHTSA estimates 
    that air bags have saved about 3,148 drivers and passengers. Of these, 
    2,725 were unbelted and 423 were belted. If these levels of 
    effectiveness are maintained, i.e., 21 percent in frontal crashes for 
    restrained occupants and 34 percent in
    
    [[Page 49971]]
    
    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. Standard 
    No. 208's current requirements thus represent one of NHTSA's most 
    effective regulations in terms of the numbers of lives saved.
        As also noted earlier in this notice, the agency amended Standard 
    No. 208 in March 1997 to provide a temporary option for manufacturers 
    to certify their vehicles to an unbelted sled test as an alternative to 
    the unbelted barrier test requirement. NHTSA established the sled test 
    option to ensure that the vehicle manufacturers could quickly depower 
    all air bags so that they inflate less aggressively.19 While 
    vehicle manufacturers could have depowered many or most of their 
    vehicles' air bags without changes to Standard No. 208, the final rule 
    expedited this process.
    ---------------------------------------------------------------------------
    
        \19\ The agency's initial steps regarding technological 
    solutions focused on depowering primarily because the lead time 
    needed for depowering was significantly shorter than the lead time 
    for the technological solutions that are the subject of this 
    proposal.
    ---------------------------------------------------------------------------
    
        Under the March 1997 final rule, the sled test option was scheduled 
    to terminate on September 1, 2001. The agency explained that there was 
    no need to permanently reduce Standard No. 208's performance 
    requirements to enable manufacturers to fully address the adverse 
    effects of air bags. This is because there were various alternatives 
    already allowed by the standard to address the problem that did not 
    necessitate reducing the standard's performance requirements. While the 
    agency specified a several year duration for the alternative sled test, 
    it indicated that it would revisit the end date, to the extent 
    appropriate, in its future rulemaking on advanced air bags. See 62 FR 
    12968; March 19, 1997.
        The September 1, 2001 termination date for the sled test option has 
    been superseded by the NHTSA Reauthorization Act of 1998. 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].'' The 
    Conference Report states that the current sled test certification 
    option remains in effect ``unless and until phased out according to the 
    schedule in the final rule.''
        In light of the Act, the agency is proposing to phase out the sled 
    test option as the requirements for advanced air bags are phased in. 
    While NHTSA believes the sled test option has been an expedient and 
    useful temporary measure to ensure that the vehicle manufacturers could 
    quickly depower all of their air bags and to help ensure that some 
    protection would continue to be provided, the agency does 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. The sled test, first, excludes vehicle 
    factors that can significantly affect the level of protection received 
    in the real world and, second, is insufficiently representative of 
    potentially fatal real world crashes.
        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 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 in a real world, 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.
        As noted below in the appendix to this preamble, NHTSA received 
    several petitions for reconsideration concerning the sled test's sunset 
    date (subsequently superseded by the NHTSA Reauthorization Act of 
    1998). The
    
    [[Page 49972]]
    
    agency notes that its proposal to phase the option out as the 
    requirements for advanced air bags are phased in will provide 
    additional time for the vehicle manufacturers to redesign their air 
    bags to avoid causing harm and to provide improved protection for all 
    occupants, belted and unbelted. In the appendix, the agency provides 
    additional reasons supporting its proposal for terminating the sled 
    test option, including a discussion of the importance for safety of 
    maintaining effective unbelted frontal crash test requirements.
        NHTSA is requesting comments on whether it should develop potential 
    alternative unbelted crash test requirements. The auto industry and 
    other parties have raised a number of objections to the existing 
    unbelted barrier test requirements. NHTSA is willing to consider 
    alternatives and to that end is placing a technical paper on this 
    subject in the docket. Among other things, the paper compares the 
    existing rigid barrier test to tests using a stationary deformable 
    barrier and a movable deformable barrier.
        With respect to the current barrier test requirements, and as 
    discussed later in this notice in a section titled ``Injury Criteria,'' 
    the agency is proposing to upgrade the standard's chest injury criteria 
    and to add neck injury criteria. NHTSA notes that, as part of 
    developing this proposal for advanced air bags, it considered the 
    latest available information concerning injury criteria for both the 
    existing 50th percentile adult male dummy and for each of the proposed 
    new dummies. The agency is placing in the public docket a technical 
    paper which explains the basis for each of the proposed injury criteria 
    and the proposed performance limits.
        NHTSA is also proposing to include, for all crash tests specified 
    by Standard No. 208, certain vehicle integrity requirements. These 
    requirements would specify that vehicle doors may not open during the 
    crash test. For many years the agency has monitored whether doors open 
    during 30 mph frontal barrier crash tests. In the agency's experience, 
    doors remain closed in these crash tests. Since vehicles already can 
    and do comply with this requirement, this proposal would establish this 
    norm as a minimum level of safety. This requirement would support the 
    agency goal of mitigating the fatalities and serious injuries 
    attributable to complete and partial ejections.
        This proposal would also specify that, after crash testing, 
    vehicles having a roof of rigid construction (i.e., vehicles other than 
    convertibles), must meet the following requirements. It must be 
    possible, without the use of tools, to open at least one door, if there 
    is one, per each row of seats. Further, where there is no such door, it 
    must be possible to move the seats or tilt their backrests as necessary 
    to allow the evacuation of all the occupants. This post crash door 
    opening check has always been a demonstration part of the agency's 
    compliance test procedure. The purpose is to demonstrate the potential 
    for entrapment. After each test, the technicians approach the vehicle 
    and try to open the vehicle doors. In the majority of these full 
    frontal crash tests conducted by the agency, the technicians are able 
    to open the vehicle doors without the use of tools. This process is 
    recorded on the test films. The agency is proposing to add this door 
    opening requirement to the regulation. NHTSA does not have any 
    information indicating that there would anything other than a minimal 
    cost impact associated with this proposed requirement, but requests 
    comments on this issue.
        b. Safety of small teenagers and small adults. Another part of the 
    agency's proposal that is intended to enhance the benefits of air bags 
    is to require vehicles to meet performance requirements for 5th 
    percentile adult female dummies in the same tests long specified for 
    50th percentile adult male dummies.
        Accordingly, the agency is proposing to require vehicles to meet 
    specified injury criteria, including criteria for the head, neck, 
    chest, and femurs, measured on 5th percentile adult female test dummies 
    during a rigid barrier crash test at any speed up to 48 km/h (30 mph) 
    and at the same range of angles applicable to the tests using 50th 
    percentile male dummies. Under the proposal, vehicles must meet the 
    criteria both with the dummies belted and unbelted.
        Certain of the proposed injury criteria differ from those specified 
    or proposed for 50th percentile adult male dummies to reflect the 
    different injury risks faced by 5th percentile adult females. Dummy 
    seating positions are also adjusted to reflect 5th percentile adult 
    females. The agency is proposing that tests be conducted with the 
    dummies seated in a full forward position. While many 5th percentile 
    adult females can sit further back, the proposed test will ensure that 
    protection is provided in a more extreme position, but one where air 
    bags can still provide protection.
        NHTSA is proposing to specify the use of the Hybrid III 5th 
    percentile adult female dummy. The Society of Automotive Engineers has 
    guided the development of this dummy, and that work is nearly complete. 
    Therefore, the motor vehicle industry is familiar with this dummy. 
    NHTSA has not, however, yet proposed to add this dummy to Part 572, the 
    agency's regulation containing specifications for the various dummies 
    it specifies in the Federal motor vehicle safety standards. The agency 
    expects to propose adding the Hybrid III 5th percentile adult female 
    dummy to Part 572 later this year.\19\a
    ---------------------------------------------------------------------------
    
        \19\a The proposed rule to add Hybrid III 5th 
    percentile adult female dummy to Part 572 published in the Federal 
    Register September 3, 1998.
    ---------------------------------------------------------------------------
    
        NHTSA is also proposing one additional barrier test requirement 
    using 5th percentile adult female dummies, an up to 40 km/h (25 mph) 
    offset deformable barrier test requirement, using restrained dummies.
        Research conducted by Transport Canada has shown that one of the 
    causes of adverse effects of air bags is late deployment of some air 
    bags in crashes with a ``soft crash pulse.'' In order to reproduce the 
    softer, longer duration crash pulse, it selected the 40 percent offset 
    barrier. It conducted crash tests into the barrier at 8 km/h (5 mph) 
    increments up to 40 km/h (25 mph). These tests were conducted with a 
    5th percentile adult female belted dummy in a full-forward position, to 
    simulate short stature drivers and the high belt use pattern in Canada. 
    It found that at 40 km/h (25 mph), all the air bag systems of the 
    vehicles tested would deploy. It also found that even for a belted 
    driver, the deployment of the air bag frequently was so late that the 
    test dummy would be right on the steering wheel, a ``worst case'' 
    condition. The test procedure was shown to be a good test for the head, 
    neck and chest loading on the dummy by the air bag.
        NHTSA notes that the timing of air bag deployment is determined by 
    a vehicle's crash sensing system, including both the crash sensing 
    hardware and associated computer algorithm, i.e., the software. The 
    decision to deploy an air bag is necessarily predictive, that is, the 
    decision that a crash will be severe enough to warrant air bag 
    deployment must be made very early in the crash if the air bag is to 
    deploy in time to provide protection. The work done by Transport 
    Canada, as well as other research, has indicated that the crash sensing 
    systems of some vehicles need to be improved to better evaluate some 
    crash pulses.
        The agency is proposing a 40 km/h (25 mph) offset deformable 
    barrier crash test requirement to help ensure that vehicle 
    manufacturers upgrade their crash sensing and software systems, as 
    necessary, to better address soft crash pulses. The proposed test is 
    essentially
    
    [[Page 49973]]
    
    the one that Transport Canada has been conducting for purposes of 
    research. Restrained 5th percentile adult female dummies would be 
    positioned in the same full forward position being proposed for the 
    rigid barrier test discussed above, and the same injury criteria limits 
    would apply. Since this is a relatively low energy test, it should be 
    very easy to meet the injury criteria limits so long as the air bag 
    deploys early in the crash event before the dummy moves very far 
    forward.
        Based on the testing conducted by Transport Canada, the problem of 
    late deployments appears to be a problem with only some vehicles, at 
    least in the environment measured in this particular crash test. The 
    agency expects that the problem can be solved using a number of readily 
    available approaches. These include improving computer algorithms, and 
    adding crash sensors, e.g., using extra sensors mounted in the crush 
    zone of the vehicle to provide additional, and earlier, information to 
    use in the decision making algorithm. A longer term means of ensuring 
    that air bags deploy early in a crash would be to use anticipatory 
    crash sensors.
        The agency is also proposing specifications for the deformable 
    barrier to be used in this test. The specifications for this barrier 
    would be included in Part 587.
    2. Tests for Requirements To Minimize the Risk to Infants, Children and 
    Other Occupants From Injuries and Deaths Caused by Air Bags
        The one fact that is common to all persons who are at risk from air 
    bags is that they are extremely close to the air bag at time of 
    deployment. Behavioral changes, such as ensuring that children ride in 
    the back seat and that all occupants are properly restrained, can 
    sharply reduce the number of persons who are in such positions.
        However, to minimize or eliminate air bag risks for the remaining 
    persons who may be close to the air bag at time of deployment, one of 
    two things must be done: either air bag deployment must be suppressed, 
    or the air bag must be designed to deploy in such a manner that it does 
    not cause a significant risk of injury to persons in such positions. 
    All of the technologies to minimize or eliminate air bag risks follow 
    one of these approaches.
        As NHTSA developed test requirements to minimize or eliminate air 
    bag risks, it needed to account for the fact that the persons who are 
    potentially at risk vary from infants to adults, and have different 
    potentials for injury. The agency therefore found it necessary to 
    develop requirements using a variety of test dummy sizes. Moreover, 
    since the agency wished to avoid requirements that are unnecessarily 
    design-restrictive, it was necessary to develop a variety of 
    manufacturer options that account for the kinds of effective 
    technological solutions that the agency knows are under development.
        Each of the test requirements being proposed by the agency is 
    discussed below.
        a. Safety of infants. Infants in rear facing child seats 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 NHTSA emphasizes that rear facing infant 
    seats must never be placed in the front seat unless the air bag is 
    turned off.
        In order to address the risks air bags pose to infants in rear 
    facing child seats, NHTSA is proposing two alternative test 
    requirements, the selection of which would be at the option of the 
    manufacturer. The two manufacturer options are: (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 Crash Restraints Air Bag Interaction (CRABI) 
    dummy in a rear facing child restraint.
        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 rear 
    facing infant seat, and also during rough road tests. The rear facing 
    infant seat would be placed in a variety of different positions during 
    the static tests. In order to ensure that the suppression feature does 
    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.
        The agency is proposing rough road 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. For example, depending on the design of the 
    sensor, occupant movement such as bouncing might cause the weight 
    sensor to read a higher weight or lower weight. The agency believes 
    that such devices should be 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.
        If the automatic suppression feature option were selected, a 
    manufacturer would be required to provide 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. This telltale would advise vehicle occupants of the 
    operational status of the air bag. In addition, the agency would use 
    the telltale to determine, during the tests discussed above, whether 
    the air bag is appropriately activated or deactivated.
        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 
    rear facing infant seat. The agency is proposing injury criteria 
    appropriate for a 12 month old child. In the case of air bags with 
    multiple inflation levels, the injury criteria would need to be met for 
    all levels.
        NHTSA notes that there are uncertainties associated with all of the 
    injury criteria proposed by this notice, especially those for children. 
    Because experimental test data are generally not available from 
    children, it is necessary to estimate injury tolerances by other means, 
    e.g., by applying scaling methods to adult data. Particularly because 
    injury mechanisms may differ in some respects between adults and 
    children, there are necessarily some uncertainties associated with 
    injury criteria developed by these means.
        NHTSA requests comments on how to take account of these 
    uncertainties in this rulemaking. For example, the agency is proposing 
    a HIC limit of 660 for the 12-month old CRABI dummy in a rear facing 
    child restraint. However, there are uncertainties as to how much risk 
    of injury is represented by this value. The agency requests commenters 
    to address the appropriateness of the proposed value, and on whether 
    the agency should permit a low risk deployment option or instead 
    require suppression for infants in rear facing child restraints.
        With respect to that part of the proposed low risk deployment 
    option that would require injury criteria limits to be met for all 
    levels of a multi-level air bag, NHTSA notes that a child in a rear 
    facing infant seat would be extremely close to the passenger air bag in 
    any crash, regardless of crash severity. Moreover, based on discussions 
    with suppliers and vehicle manufacturers, the agency believes that the 
    development of technologies which
    
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    suppress the passenger air bag in the presence of a rear facing infant 
    seat is nearing completion. Thus, it appears reasonable to expect 
    advanced air bag designs to essentially eliminate risk of serious 
    injury or fatality resulting from air bag deployment to children in 
    rear facing infant seats. Of course, even with advanced air bags, 
    children in rear facing infant seats, like other children, will be 
    safer in the back seat.
        Under both test procedures, manufacturers would be 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 model year carline of which the vehicle is a part 
    was first offered for sale to a consumer. This would ensure that 
    vehicle manufacturers take account of the variety of different rear 
    facing child restraints in use as they design their systems. The 
    restraints used for compliance testing could be unused or used; 
    however, if used, there could not be any visible damage prior to the 
    test. The agency requests comments on whether there are alternative 
    means of achieving this result, e.g., specifying use of several 
    representative devices.
        NHTSA is proposing to specify use of the 12 month old CRABI dummy. 
    The motor vehicle industry is familiar with this dummy, and the agency 
    expects to propose adding it to Part 572 later this year.
         b. Safety of 3-year-old 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. NHTSA strongly 
    recommends that young children ride in the back seat, which is a much 
    safer location whether or not a vehicle has air bags.
        In order to address the risks air bags pose to young children who 
    do ride in the front seat, NHTSA is proposing requirements using both 
    3-year old and 6-year old child dummies. While there are both 
    similarities and overlap between the requirements using the different 
    dummies, the agency will discuss them separately (and cover them 
    separately in the proposed regulatory text) because a manufacturer 
    might choose to select different compliance options for the two 
    dummies.
        As to 3-year-old child dummies, the agency is proposing four 
    alternative test requirements, the selection of which would be at the 
    option of the manufacturer. The four manufacturer options are: (1) test 
    requirements for an air bag suppression feature that suppresses the air 
    bag when a child is present, i.e., 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 child dummies, and (4) full scale dynamic 
    out-of-position test requirements, which include pre-impact braking as 
    part of the test procedure.
        NHTSA is proposing to specify use of the Hybrid III 3-year-old 
    child dummy. The motor vehicle industry is familiar with this dummy, 
    and the agency expects to propose adding it to Part 572 later this 
    year.
        Requirements for an air bag suppression feature (weight or size 
    sensor) that suppresses the air bag when a child is present. These 
    requirements would mirror those being proposed with respect to a 
    suppression feature for infants in rear facing child seats. 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 child dummy, and also during rough road tests.
        The child dummy would be placed in a variety of different positions 
    during the static tests. Because the effectiveness of such a feature 
    depends on the air bag being suppressed regardless of how a child may 
    be positioned, and given the ease of conducting such tests, the agency 
    is specifying a relatively large number of such positions. Some of the 
    positions specify placing the dummy in a forward-facing child seat or 
    booster seat.
        In order to ensure that the suppression feature does 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. A manufacturer would 
    also be required to provide 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.
        Test requirements for an air bag suppression feature that 
    suppresses the air bag when a child is out-of position. The agency 
    believes that a suppression feature that suppresses the air bag when an 
    occupant is out-of-position would need to be tested very differently 
    than one which suppresses the air bag whenever a child is present. 
    While various static and rough road 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 is out of position. This is because one of the key 
    criteria in determining whether the latter type of suppression feature 
    is effective is whether it 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) before a crash. The agency has 
    accordingly developed separate test requirements for such devices.
        If this option is 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 
    located.
        This 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.
        Apparatus that could be used to conduct this test would include a 
    pneumatically operated ram whose stroke is sufficient to propel a 165 
    mm (6.5 inch) headform from a point of origin to a point forward of the 
    automatic suppression plane of the test vehicle. Once activated, the 
    pneumatic ram will propel the headform toward the air bag at up to 11 
    km/h (7 mph). The test headform consists simply of a 165mm (6.5 inch) 
    outside diameter hemispherical shell. This headform is not instrumented 
    nor is it intended to impact with the interior of the vehicle. 
    Therefore, the agency is not specifying that it have a particular mass 
    in an effort to provide maximum flexibility in configuring a test 
    apparatus.
        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
    
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    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.
        NHTSA notes that the test procedure it is proposing for air bag 
    suppression features that suppress the air bag when an occupant is out-
    of-position is similar to one developed by GM. The agency is placing a 
    copy of the GM procedure in the docket.
        The agency requests comments as to whether the proposed test 
    procedure would accommodate air bag suppression systems under 
    development. In particular, the agency requests comments as to whether 
    these suppression systems would ``recognize'' the test device. 
    Additional questions concerning this proposed test procedure are 
    included in a section titled ``Questions'' later in this notice.
        Static tests involving deployment of the air bag in the presence of 
    out-of-position 3-year old child dummies. 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 child dummies. Because this test is 
    relatively difficult to run (it requires deployment of an air bag), the 
    agency is proposing that it be conducted at two positions which tend to 
    be ``worst case'' positions in terms of injury risk. The agency is 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. The agency is 
    proposing injury criteria appropriate for a 3-year-old child.
        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, e.g., crashes of 32 km/h (20 mph) 
    or below. The agency notes that while an infant in a rear facing child 
    seat 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. Of the 46 older children NHTSA has confirmed as 
    having been killed by a passenger air bag, 38, or 83 percent, were in 
    crashes with a delta V of 24 km/h (15 mph) or below, and all were in 
    crashes with a delta V of 32 km/h (20 mph) or below.
        NHTSA requests comments concerning the threshold below which air 
    bag deployment levels should be required to meet injury criteria and 
    above which the injury criteria would not apply. The agency also 
    requests comments concerning test procedures.
        Full scale dynamic out-of-position test requirements, which include 
    pre-impact braking as part of the test procedure. Under this option, 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 an unrestrained 3-year-old child dummy.
        Pre-crash braking would be simulated by a vehicle, initially 
    accelerated to the predetermined pretest speed, that is retarded by 
    application of a suitable pre-crash deceleration prior to contact with 
    the rigid barrier. The agency believes that a 24 km/h (15 mph) impact 
    speed with the rigid barrier would generate the crash pulse necessary 
    to evaluate occupant crash protection to the out-of-position occupant. 
    Further details on this alternative test procedure are set forth in the 
    proposed regulatory text (see proposed S29 and S30 for Standard No. 
    208).
        The agency is requesting comments on what impact speed should be 
    specified, as well as on other aspects of the test procedure for this 
    requirement, including dummy seating procedures. Depending on the 
    comments, the agency may modify the test speeds, dummy seating 
    procedures, or other aspects of the test procedure for the final rule.
        c. Safety of 6-year-old children. These test requirements would 
    include the same basic tests and options as specified for 3-year old 
    child dummies, except that 6-year-old child dummies would be used in 
    place of 3-year old child dummies. The agency believes it is necessary 
    to specify requirements for 6-year-old child dummies as well as 3-year-
    old child dummies because a device that worked for one might not work 
    for the other. For example, an automatic suppression feature that 
    suppressed air bag deployment in the presence of a 3-year-old child 
    dummy, based on information about size and/or weight, might not 
    suppress air bag deployment in the presence of the larger, heavier 6-
    year-old child dummy.
        The agency notes that, with respect to requirements for an air bag 
    suppression feature (weight or size sensor) that suppresses the air bag 
    when a child is present, some of the positions specified for the 3-
    year-old child dummy would not apply to the 6-year-old child dummy. 
    This is because the 6-year-old child dummy is too large to be placed in 
    those positions.
        NHTSA is proposing to specify use of the Hybrid III 6-year-old 
    child dummy. The Society of Automotive Engineers has guided the 
    development of this dummy, and recently completed that work. Therefore, 
    the motor vehicle industry is familiar with this dummy. The agency 
    published an NPRM in the Federal Register (63 FR 35171) to add the 
    Hybrid III 6-year-old child dummy to Part 572 on June 29, 1998.
        d. Safety of small teenage and adult drivers. Out-of-position 
    drivers are at risk from air bags if they are extremely close 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.
        In order to address the risks air bags pose to out-of-position 
    drivers, NHTSA is proposing requirements using 5th percentile adult 
    female dummies. The agency is proposing three alternative test 
    requirements, the selection of which would be at the option of the 
    manufacturer.
        The manufacturer options are 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 female drivers, it is 
    obviously 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 for 
    5th percentile adult female dummies.
        The three manufacturer options being proposed by the agency are: 
    (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.
        Again, the manufacturer options which the agency is proposing 
    largely mirror the similar ones being proposed for 3-year-old and 6-
    year old child dummies. The test procedures are adjusted to reflect the 
    driver, rather than the right front passenger position, and the 
    different dummy. The proposed injury criteria are the same as being 
    proposed for other tests using the 5th percentile adult female dummy.
        The agency also notes that the option specifying test requirements 
    for an air bag suppression feature that suppresses the driver air bag 
    when an occupant is out of position would include both static tests and 
    tests using a moving test device. The static tests are needed to,
    
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    among other things, ensure that the driver air bag is not 
    inappropriately deactivated because the driver's arms are near the air 
    bag. Further details on this alternative test procedure are set forth 
    in the proposed regulatory text (see proposed S25.2, S27 and S28 for 
    Standard No. 208).
        The agency also notes that the proposed full scale dynamic out-of-
    position test requirements, which include pre-impact braking as part of 
    the test procedure, represent a surrogate for a variety of crash 
    situations where the driver might be essentially against the steering 
    wheel, in addition to directly addressing situations involving pre-
    crash braking. These other situations include ones where small-statured 
    persons drive in a position where they are extremely close to the air 
    bag all of the time.
    
    C. Injury Criteria
    
        NHTSA is proposing injury criteria and performance limits that it 
    believes are appropriate for each size dummy. The agency is placing in 
    the public docket a technical paper which explains the basis for each 
    of the proposed injury criteria, and for the proposed performance 
    limits. The title of the paper is ``Development of Improved Injury 
    Criteria for the Assessment of Advanced Automotive Restraint Systems.''
        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, (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 2250 pounds.
        Under today's proposal, NHTSA would generally apply these and 
    certain additional injury criteria 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. Also, with respect to some types of injuries, the agency is 
    considering alternative injury criteria.
        For chest injury, NHTSA is considering two alternatives. Under the 
    first, or primary, alternative, the agency would add a new criterion, 
    Combined Thoracic Index (CTI), which was recently developed by the 
    agency. New analyses of cadaver test data using a variety of restraint 
    system combinations indicate that thoracic injury prediction can be 
    improved by considering a linear combination of chest deflection and 
    chest acceleration rather than solely by considering the criteria 
    independently. CTI links the combined effect of both parameters with 
    the risk of injury.
        In proposing to add CTI, the agency has considered whether to 
    adjust the existing limits on chest deflection and/or chest 
    acceleration. In the absence of the existing injury criteria, the 
    proposed CTI limit (CTI = 1) would permit (for the Hybrid III 50th 
    percentile adult male dummy) chest deflection to exceed 76 mm (3 
    inches) when acceleration is very low, and acceleration to exceed 60 
    g's when chest deflection is very low.
        NHTSA notes that, in the case of chest deflection, the current 76 
    mm (3 inch) limit is very close to the limit capable of being measured 
    by the Hybrid III 50th percentile adult male dummy. Therefore, it does 
    not appear to be possible to adjust this parameter in a meaningful way. 
    In the case of chest acceleration, the agency notes that it does not 
    have any cadaver data concerning injury risk associated with very low 
    deflection and chest acceleration above 60 g's. The agency requests 
    comments on this issue. NHTSA is especially interested in data and/or 
    analyses concerning the risk of injury associated with low deflection 
    and high acceleration.
        As the second alternative for chest injury, the agency would simply 
    continue to maintain separate limits on chest acceleration and chest 
    deflection.
        NHTSA is also proposing to add neck injury criteria. The agency 
    notes that it added neck injury criteria as part of the temporary sled 
    test alternative, although the standard does not otherwise specify neck 
    injury criteria. The neck injury criteria for the sled test alternative 
    include separate limits on flexion, extension, tension, compression and 
    shear.
        NHTSA has recently developed an improved neck injury criterion, 
    called Nij. The agency believes that a disadvantage associated with 
    specifying separate limits for flexion, extension, tension, 
    compression, and shear is that it does not account for the 
    superposition of loads and moments, and the additive effects on injury 
    risk. The agency developed Nij to take account of these effects.
        NHTSA is considering two alternatives with respect to neck injury 
    criteria. Under the first, or primary alternative, the agency would add 
    Nij to Standard No. 208. In terms of performance limits, the agency is 
    requesting comments on Nij=1.4 and on Nij=1. As discussed in the 
    technical paper concerning injury criteria, Nij=1 reflects certain 
    critical values developed using biomechanical data. However, based on 
    concerns about practicability, particularly with respect to tests 
    specifying use of the 5th percentile adult female dummy, as well as 
    concerns about correlations between biomechanical data and real-world 
    crash data, the agency believes that Nij=1.4 might be a more 
    appropriate performance limit. NHTSA requests comments on this issue.
        As an alternative to Nij, NHTSA is also requesting comments on 
    establishing separate limits on flexion, extension, tension, 
    compression and shear, i.e., the approach adopted for the sled test 
    alternative. The proposed regulatory text includes this second 
    alternative as well as Nij.
        As indicated earlier in this section, NHTSA is generally proposing 
    to apply the same injury criteria to all of the dummies covered by 
    today's proposal, adjusted to maintain consistency with respect to the 
    injury risks faced by different size occupants. There are, however, 
    some exceptions to this. The agency is not proposing to apply the dummy 
    containment injury criterion to the 12 month old CRABI dummy since that 
    criterion does not appear to be relevant to the low risk deployment 
    test using that dummy. The agency is not proposing chest deflection or 
    CTI requirements for the 12 month old CRABI dummy because that dummy 
    does not measure chest deflection. (As indicated above, chest 
    deflection is needed to calculate CTI.)
        The agency requests comments on the proposed injury criteria, on 
    how they are calculated, and on the proposed performance limits. To 
    help facilitate focused comments, the agency is including specific 
    values for each performance limit in the proposed regulatory text. 
    However, NHTSA is considering a range of limits above and below each 
    specified value. Depending on the public comments, the agency may adopt 
    for the final rule values higher or lower than the ones included in the 
    proposed regulatory text. The agency requests commenters to address 
    what values should be selected for the final rule, their rationale for 
    their recommendation, and the implications of adopting lower or higher 
    values than those specified in the proposed regulatory text.
    
    D. Dummy Recognition
    
        The agency has explained many times that, in developing crash test 
    dummies for regulatory and research purposes, it seeks to ensure 
    insofar as possible that the measurements obtained on the dummy for 
    measuring injury risk are the same as would be obtained on a human
    
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    being. In other words, the dummy is used as a surrogate for determining 
    how a human being would fare in a particular crash situation.
        As the agency proposes to specify the use of dummies and an out-of-
    position occupant simulator to test suppression devices, it is 
    similarly necessary to ensure that the test results using these devices 
    will be as close as possible to those that would occur when a human 
    being is present. NHTSA notes, however, that test dummy compatibility 
    with air bag occupant presence and range sensors is not possible in all 
    cases using the currently available dummies. Some technologies, e.g., 
    ultrasonic and active infrared, can be used to recognize human beings 
    but may not recognize current dummies or the out-of-position occupant 
    simulator.
        NHTSA notes that it is monitoring research, funded by General 
    Motors, by the Johns Hopkins University Applied Physics Laboratory that 
    specifically investigates and addresses this subject. The project 
    objectives compare the characteristic output signals generated by both 
    human subjects and test dummies, in response to current and projected 
    air bag sensors of the following general types: ultrasonic/acoustic, 
    active infrared, passive infrared, capacitive, and electric field. 
    However, this is a longer-range research project, and is not expected 
    to be completed by the time of the final rule.
        Specialized dummy treatments may be required to enable the test 
    dummy and out-of-position occupant simulator to properly interface with 
    the full range of projected sensor technologies. However, it is 
    possible that relatively straightforward surface treatments or clothing 
    selection may suffice for compatibility with ultrasonic and active 
    infrared sensor types.
        The agency requests comments on this issue.
    
    E. Lead Time and Proposed Effective Date
    
        NHTSA has sought information by a variety of means to help it 
    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 three different formal actions, the agency has gathered 
    information concerning lead time. First, the agency held a public 
    meeting on advanced air bags on February 11 and 12, 1997, in Washington 
    D.C. The proceedings of that meeting are included in Docket NHTSA-97-
    2814. Next, and as discussed earlier in this notice, JPL conducted, at 
    NHTSA's request, a survey of the automotive industry and independent 
    analysis concerning the readiness of the advanced air bag technologies. 
    Finally, the agency contracted Management Engineering Associates (MEA), 
    an engineering management consulting company, to conduct a feasibility 
    study on advanced air bag technologies.
        These three sources of information indicated the same basic time 
    schedules: currently available technological solutions such as seat 
    sensors, seat belt buckle sensors, dual-stage inflators and advanced 
    air bag fold patterns, can be and will be in production between model 
    year 1999 and model year 2002. More sophisticated systems such as 
    dynamic occupant position sensing systems and pre-crash sensors, will 
    be available after September 1, 2001.
        NHTSA has also held numerous meetings with the vehicle 
    manufacturers and suppliers during the past two years. The companies 
    have shared confidential information with the agency about their 
    ongoing development efforts and future product plans.
        The agency notes that lead time for technology still under 
    development typically depends on two things: initial development to 
    demonstrate that a concept is feasible, and then further development to 
    apply the technology to a specific vehicle design. These typically 
    involve efforts both by suppliers and by vehicle manufacturers. In this 
    field of technology, it appears that much of the innovative development 
    is being borne by the component suppliers, based on performance 
    specifications defined by the vehicle manufacturers. First the systems 
    are designed, tested and produced in limited quantities by the 
    component manufacturers. Next these systems are turned over to the 
    vehicle manufacturers. The vehicle manufacturers then conduct prototype 
    design verifications, conduct production level equipment verification 
    and finally complete production and include the systems in their new 
    vehicles. MEA estimates the vehicle manufacturers' cycle could take an 
    average of 36 months.
        The suppliers and vehicle manufacturers have, however, been working 
    on various advanced technologies for several years. Thus, to a large 
    degree, lead time is dependent on where the suppliers and vehicle 
    manufacturers are currently in their development and implementation 
    efforts. As discussed earlier in this notice, NHTSA believes that 
    different suppliers and vehicle manufacturers are at different stages 
    with respect to designing advanced air bags, and also face different 
    constraints and challenges, e.g., different states-of-the-art of their 
    current air bag systems, engineering resources, number of vehicles for 
    which air bags need to be redesigned, etc. NHTSA believes that these 
    differing situations can best be accommodated by phasing in 
    requirements for advanced air bags.
        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 are in developing and implementing available 
    technologies, the agency is proposing 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.
        The agency is proposing a separate alternative to address the 
    special problems faced by limited line manufacturers in complying with 
    phase-ins. The agency notes 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.
        NHTSA is accordingly proposing 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. The agency is proposing 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. Without 
    such a limitation, it would technically be possible for the industry as 
    a whole to delay introducing any advanced air bags for a year. However, 
    the agency doubts
    
    [[Page 49978]]
    
    that any full-line vehicle manufacturers would want to take advantage 
    of the alternative, given the need to achieve full compliance by 
    September 1, 2003.
        As with previous phase-ins, the agency is proposing 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, NHTSA is proposing reporting 
    requirements to accompany the phase-in. The agency is proposing to 
    include the reporting requirements in 49 CFR Part 585, which currently 
    specifies automatic restraint phase-in reporting requirements. Since 
    the phase-ins currently addressed by Part 585 are complete, effective 
    September 1, 1998, the agency is proposing to replace the existing 
    language with regulatory text addressing the phase-in of Standard No. 
    208's requirements for advanced air bags.
        NHTSA believes that the proposed phase-in addresses two potential 
    concerns. First, the agency believes that it would not be possible for 
    manufacturers which produce large numbers of models of passenger cars 
    and lights trucks to simultaneously design and implement advanced air 
    bags in all of their vehicles at once. All manufacturers have limited 
    engineering resources, and the same resources are often used for 
    different models. The proposed phase-in will address this concern.
        Second, NHTSA wishes to see advanced air bags implemented 
    expeditiously, but wants to encourage the vehicle manufacturers to 
    adopt the best designs possible. The agency believes the proposed 
    phase-in balances these competing concerns.
        The new air bag designs having the potential to offer the greatest 
    safety benefits, e.g. designs that would tailor inflation based on the 
    widest variety of relevant information including dynamic occupant 
    proximity, also have the longest lead times. If an effective date were 
    too early, it might force manufacturers working on such advanced 
    designs to drop those plans and adopt designs with shorter lead times. 
    At the same time, the agency recognizes that relatively simple 
    solutions, with shorter lead times, can be used to solve current 
    problems with air bags. The agency therefore does not want endless 
    quests for the ``perfect'' air bag to unnecessarily delay solving the 
    current problems.
        An issue which is closely related to lead time for advanced air 
    bags is the time when amendments providing temporary reductions in 
    Standard No. 208's performance requirements should expire. The 
    amendment 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 rear facing infant seat is scheduled to expire 
    on September 1, 2000. The amendment providing a generic sled test 
    alternative to Standard No. 208's unbelted barrier test requirements 
    originally had an expiration date of September 1, 2001, although, as 
    discussed earlier in this notice, this date has been superseded by the 
    NHTSA Reauthorization Act of 1998.
        The agency received petitions objecting to the expiration dates for 
    these temporary amendments. In an appendix to this notice, NHTSA is 
    denying the petition concerning on-off switches to the extent that it 
    requests making the switch amendment permanent. However, the agency is 
    granting it to the extent that it is proposing phase out the switch 
    amendment as the upgraded requirements are phased in. The petitions 
    concerning the sled test option were mooted by the NHTSA 
    Reauthorization Act. As in the case of the switch amendment, the agency 
    is proposing to phase out the sled test option as the new requirements 
    are phased in.
        During the proposed phase-in, the temporary amendments (sled test 
    alternative and OEM manual on-off switches for certain vehicles) 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. Thus, as manufacturers developed advanced 
    air bags, they would need to ensure that vehicles equipped with these 
    devices meet all of Standard No. 208's longstanding performance 
    requirements as well as the new ones being proposed today.
    
    F. Selection of Options
    
        NHTSA notes that, where a safety standard provides manufacturers 
    more than one compliance option, the agency needs to know which option 
    has been selected in order to conduct a compliance test. Moreover, 
    based on previous experience with enforcing standards that include 
    compliance options, the agency is aware that a manufacturer confronted 
    with an apparent noncompliance for the option it has selected (based on 
    a compliance test) may respond by arguing that its vehicles comply with 
    a different option for which the agency has not conducted a compliance 
    test. This response creates obvious difficulties for the agency in 
    managing its available resources for carrying out its enforcement 
    responsibilities, e.g., the possible need to conduct multiple 
    compliance tests (possibly involving full-scale vehicle crash tests) 
    for first one compliance option, then another, to determine whether 
    there is a noncompliance.
        To address this problem, the agency is proposing 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 will mean that failure 
    to comply with the selected option will constitute a noncompliance with 
    the standard regardless of whether a vehicle complies with another 
    option.
        Similarly, for manufacturers which select the option for an 
    automatic suppression feature that suppresses the air bag when an 
    occupant is out of position, the agency is proposing to require that 
    the manufacturer must select the passenger side automatic suppression 
    plane and the driver side automatic suppression plane by the time it 
    certifies the vehicle, and may not thereafter select different planes. 
    This is to avoid situations where the agency conducts compliance tests 
    using the automatic suppression planes selected by the manufacturer and 
    is later told, after a test indicates an apparent noncompliance, that 
    the vehicle may comply for different automatic suppression planes.
    
    G. Availability of Retrofit Manual On-Off Switches
    
        As discussed earlier in this notice, on November 11, 1997, NHTSA 
    published in the Federal Register (62 FR 62406) a final rule exempting, 
    under certain conditions, motor vehicle dealers and repair businesses 
    from the ``make inoperative'' prohibition in 49 U.S.C. Sec. 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 approved by 
    NHTSA. The final rule is set forth as Part 595, Retrofit On-Off 
    Switches for Air Bags.
        The purpose of the exemption is 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, NHTSA explained that although vehicle manufacturers are beginning 
    to replace current air bags
    
    [[Page 49979]]
    
    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 is needed now for those groups of people 
    at risk from current air bags in existing vehicles.
        Just as NHTSA is proposing to phase out the temporary amendments to 
    Standard No. 208 as the upgraded requirements are phased in, the agency 
    is also proposing to phase out the availability of this exemption. 
    Under the proposal, retrofit on-off switches would not be available for 
    vehicles which have been certified to the advanced air bag requirements 
    being proposed in today's notice.
        NHTSA requests 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. The agency observes 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 side air bag in a vehicle with a weight sensor would not 
    deploy at all in the presence of young children. Therefore, there would 
    no safety reason to permit a retrofit passenger side on-off switch 
    because of a need for a young child to ride in the front seat. The 
    agency requests any commenters who advocate any continued availability 
    of retrofit on-off switches to discuss how the existing eligibility 
    criteria should be tailored to the specific technologies that would be 
    used in vehicles certified to the advanced air bag requirements being 
    proposed in today's notice.
    
    H. Warning Labels
    
        As indicated in an earlier section of this notice, on November 27, 
    1996, the agency 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 not apply to 
    vehicles with passenger air bags meeting specified criteria. The agency 
    is similarly proposing that vehicles certified to the advanced air bag 
    requirements being proposed today would not be subject to those warning 
    label requirements. The agency requests 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.
    
    I. Questions
    
        As discussed earlier in this notice, NHTSA has sought to develop 
    requirements that are as performance-oriented as possible, and to 
    include options for manufacturers that account for the kinds of 
    technologies and designs that may be used. It is the agency's intent to 
    permit the vehicle manufacturers to use any technology or design which 
    can solve the problem of adverse effects of air bags to out-of-position 
    occupants, so long as all of the standard's performance requirements 
    can be met.
        To aid the agency in obtaining useful comments, NHTSA is setting 
    forth in this section a specific list of questions for commenters 
    relating to a number of issues including, among other things: (1) 
    whether the agency's overall proposal, and whether each of the proposed 
    manufacturer options, would achieve an appropriate level of safety, and 
    (2) whether additional manufacturer options or test procedures are 
    needed to accommodate some technologies or designs. NHTSA notes that 
    the vehicle manufacturers and air bag suppliers are in the best 
    position to evaluate whether the proposed manufacturer options and test 
    procedures are appropriate for the technologies and designs they have 
    under development. Depending on the comments, the agency may issue a 
    final rule providing some but not all of the proposed options, and/or 
    provide additional manufacturer options or test procedures to 
    accommodate some technologies or designs.
        For easy reference, the questions are numbered consecutively. NHTSA 
    encourages commenters to provide specific responses to each question 
    for which they may have information or views. In addition, in order to 
    facilitate tabulating the comments by issue, the agency encourages 
    commenters to respond to the questions in sequence, and to identify the 
    number of each question to which they are responding.
        NHTSA requests that commenters provide as specific and documented a 
    rationale as possible, including an analysis of safety consequences, 
    for any positions that are taken. Commenters with a technical 
    background are encouraged to provide scientific analysis of these 
    matters.
        The list of questions does not purport to be an all inclusive list 
    of items or information which the public may have available and believe 
    is valuable in assessing the issues. Commenters are encouraged to 
    provide any other data that they believe are relevant.
        1. Overall safety. Does the agency's overall proposal achieve an 
    appropriate level of safety with respect to risks from air bags for 
    out-of-position occupants?
        a. Please address this question separately for the driver side and 
    for the passenger side.
        b. If a commenter believes that the proposal does not ensure an 
    appropriate level of safety, please provide a detailed explanation of 
    why. Please also describe in detail what additional or alternative 
    requirements the agency should consider, and the kind of technologies, 
    designs and lead time that would be needed to meet those requirements.
        2. Adequacy of each proposed manufacturer option. Does each 
    proposed manufacturer option ensure an appropriate level of safety with 
    respect to the specific problem it addresses? How do the different 
    options differ with respect to benefits and costs? If a commenter 
    believes that a particular option should be changed or deleted for the 
    final rule, please explain why. Also, please explain the consequences 
    of changing or deleting the option, e.g., would greater lead time be 
    needed to meet one of the remaining options?
        3. Accommodation of all effective designs. Do the proposed 
    manufacturer options accommodate all designs under development that 
    would effectively address air bag-induced injuries and/or fatalities, 
    and designs that are expected to be under development in the 
    foreseeable future? More specifically, is there a need to either modify 
    or add test procedures to the proposed options to accommodate 
    particular technologies or designs, or to add additional options? If a 
    commenter believes there is such a need, please provide a detailed 
    explanation of why, both with respect to why the technology is not 
    accommodated by the proposed options and why the technology will ensure 
    an appropriate level of safety. Please also provide a detailed 
    recommendation concerning what specific regulatory text the agency 
    should adopt to accommodate the technology.
        4. Possible unintended consequences. To what extent could the 
    advanced technologies the manufacturers might adopt result in 
    unintended adverse consequences? For example, could some occupants face 
    higher risks than now? How should the agency consider that possibility 
    in this rulemaking? Are there any additional or alternative 
    requirements the agency should adopt to prevent such consequences?
        5. Likely manufacturer responses. How would vehicle manufacturers 
    likely respond to the proposed requirements, i.e., what technologies 
    and design changes would they actually
    
    [[Page 49980]]
    
    adopt? (Vehicle manufacturers are asked to provide a specific response 
    to this question, with respect to their future product plans.)
        6. Necessity of all proposed manufacturer options. Are any of the 
    proposed manufacturer options unnecessary because no manufacturer would 
    ever select the option?
        7. Proposed test procedures--in general. NHTSA notes that some of 
    the proposed test procedures are new. The agency requests specific 
    comments on each of the proposed test procedures, including whether any 
    of them should be made more specific and whether any additional 
    conditions should be specified.
        8. Proposed injury criteria. As discussed earlier in this notice, 
    NHTSA is placing a technical paper in the docket which discusses the 
    proposed injury criteria. The agency requests comments on each of the 
    proposed injury criteria, the proposed calculation methods, and the 
    proposed performance limits. The agency also requests comments on 
    alternatives to the proposed criteria. Among other things, NHTSA 
    requests commenters to address what risk levels are acceptable, what 
    factors should be considered in selecting performance limits for 
    different test requirements, and whether the same limits should be 
    established for all test requirements, e.g., out-of-position tests, low 
    speed tests, high speed tests. The agency also requests commenters to 
    address how it should take account of uncertainties relating to the 
    injury criteria, especially with respect to children.
        9. Dummy recognition. a. How should the agency address the 
    suitability of test dummies and out-of-position occupant simulators 
    (e.g., headforms) for testing technologies (e.g., weight sensors) for 
    detecting the presence of occupants and technologies (e.g., infrared 
    and ultra sound) for sensing the distance of occupants from an air bag? 
    To what extent can the addition of simple surface treatments or 
    clothing selection be used to solve this problem?
        b. If full resolution of this or any other potential test procedure 
    problems should necessitate the performance of longer range (multi-
    year) research, what interim approaches should the agency use for 
    assessing performance? For example, one possible approach would be to 
    permit vehicle manufacturers to specify the attributes of their 
    suppression devices, e.g., the size of the suppression zone and to 
    require out-of-position-type test requirements to be met for those 
    conditions. If, for example, a manufacturer specified that the 
    suppression zone for a vehicle's passenger-side air bag extended five 
    inches from the centerpoint of the air bag cover, injury criteria 
    performance limits would need to be met for infant and child dummies 
    located anywhere outside that zone. Under such an interim approach, the 
    introduction of effective suppression devices would not be delayed by 
    potential problems related to completing the development of test 
    procedures. While such an approach would not test the performance of 
    the suppression device itself, vehicle manufacturers would have strong 
    incentives, e.g., product liability considerations, to design the 
    device so that it works properly under real world conditions. While the 
    agency is hopeful that any potential test problems can be resolved in a 
    timely manner before the final rule, it requests comments on adopting 
    this type of interim approach, and on other potential interim 
    approaches, should the need rise.
        10. Seating procedure for 5th percentile adult female dummy. NHTSA 
    notes that the seating procedure for the 5th percentile adult female 
    dummy set forth in the proposed regulatory text is based on the 
    equipment and procedures in SAE J826, ``Devices for Use in Defining and 
    Measuring Vehicle Seating Accommodations.'' The seating procedure is 
    similar to that specified in Standard No. 208 for the Hybrid III 50th 
    percentile adult male dummy. However, the agency is proposing, with 
    respect to the SAE J826 equipment, certain adjustments in the lengths 
    of the lower leg and thigh (femur) segments to make it appropriate for 
    the 5th percentile adult female dummy. The agency is also aware that 
    the SAE Hybrid III 5th Percentile Dummy Seating Procedures Task Group 
    is developing specialized seating equipment to locate the 5th 
    percentile adult female dummy. This equipment was expected to become 
    available by mid-summer 1998, and the agency will place specifications 
    for the equipment in the docket. NHTSA recognizes that this new 
    equipment might be used as an alternative to that specified in the 
    proposed regulatory text. The agency seeks comments on this issue.
        11. Rough road tests. Are the proposed requirements and test 
    procedures for the rough road tests appropriate? The agency is 
    especially interested in comments concerning proposed specifications 
    for road surface, speed, and distance of travel.
        12. Telltales for automatic suppression. For vehicles which have 
    automatic suppression features, are there both pros and cons to 
    requiring telltale lights on the instrument panel to advise vehicle 
    occupants of the operational status of the air bag? Please address this 
    question separately for the driver position and the passenger position, 
    and for rear facing infant seats and older children. If the agency did 
    not require a telltale light, what procedure should it use in testing 
    for determining whether an air bag is activated or deactivated?
        13. Proposed automatic suppression test. The agency observes that 
    the proposed automatic suppression test is new and may require further 
    refinement. NHTSA therefore requests comments on all aspects of the 
    proposed test procedure, including, but not limited to, the following 
    issues. Is the proposed 165mm (6.5 inch) outside diameter hemispheric 
    headform an appropriate simulator of an out-of-position occupant for 
    the purposes of assessing the performance of an air bag suppression 
    device? What other characteristics should the headform possess if the 
    proposed headform is not sufficient? Should the agency specify the 
    surface and other material of the headform? Will the hemispheric 
    headform be recognized as a vehicle occupant by each of the various 
    suppression systems under development? If not, are there changes in the 
    headform that would make it recognizable?
        14. Proposed dynamic out-of-position test. NHTSA notes that the 
    proposed dynamic out-of-position test is newly developed. The agency 
    requests commenters to address the following issues.
        (a) When the proposed dynamic out-of-position test procedure is 
    conducted for various vehicles, what are the likely trajectories of the 
    dummies? Does the procedure result in the dummy moving directly toward 
    a ``worst-case'' position in terms of potential air bag risk for each 
    vehicle? If not, should any changes be made in the test procedure, 
    e.g., changing initial dummy position? Please address this question 
    separately for the 3-year old child, 6-year old child, and 5th 
    percentile adult female dummies.
        (b) The proposed seating procedures for the dummies specify the use 
    of low friction material between the dummies and the seat. The agency 
    has proposed to specify the use of certain readily available fabrics 
    that could be used for this purpose. Comments are requested on other 
    means of achieving a low friction condition, such as specifying a 
    coefficient of static or sliding friction and the conditions for which 
    the coefficients would apply. Specific values of a friction factor are 
    solicited, as appropriate.
    
    [[Page 49981]]
    
        (c) Should the proposed dynamic out-of-position test be run at 
    different speeds or angles? NHTSA notes that if a 24 km/h (15 mph) 
    impact were specified, it is conceivable that manufacturers might be 
    able to certify to this requirement by raising their deployment 
    thresholds to, or slightly above, that level. The agency requests 
    comments on whether higher deployment thresholds alone could be used to 
    meet this test, and, if so, the safety implications of this type of 
    countermeasure.
        (d) What are reasonable tolerances on final impact speed and 
    deceleration in order to ensure that a test is repeatable? Should a 
    specific methodology be adopted to ensure an appropriate degree of 
    repeatability?
        15. Tests with child dummies. (a) NHTSA is proposing that tests 
    using infant dummies be conducted with any rear facing child restraint 
    which was manufactured for sale in the United States between two years 
    and ten years prior to the date the first vehicle of the model year 
    carline of which the vehicle is a part was first offered for sale to a 
    consumer. The agency is proposing the same approach, with respect to 
    forward-facing child seats and booster seats, for tests using older 
    child dummies. The agency requests comments on this approach. Is there 
    an effective alternative means of ensuring that vehicle manufacturers 
    take account of the variety of different child restraints in use as 
    they design their systems?
        (b) NHTSA is proposing to specify use of the 12-month-old CRABI 
    dummy for tests using rear facing infant restraints. However, some rear 
    facing infant restraints may only be certified for use with smaller 
    infants, e.g., 9-month-olds. This raises the issue of whether the 
    proposed dummy could be placed into these child restraints. The agency 
    requests comments on how to address this issue.
        (c) Some rear facing child seats are now produced for children 
    older than 12 months. Should the agency specify additional test 
    requirements to address this situation?
        (d) Should the agency specify test requirements using car beds and, 
    if so, what specific requirements?
        16. Older children. Standard No. 208 currently defines advanced air 
    bag to include, among other things, a passenger air bag that provides 
    an automatic means to ensure that the air bag does not deploy when a 
    child seat or child with a total mass of 30 kg (66 pounds) or less is 
    present on the front outboard passenger seat. That definition was 
    included because vehicles with such air bags are not required to have 
    certain warning labels.20 NHTSA notes that the part of the 
    definition referring to a child with a total mass of 30 kg (66 pounds) 
    or less was included to reflect the possible use of weight sensors. The 
    30 kg (66 pound) threshold was originally suggested by Mercedes-Benz 
    and corresponds to the weight of a 50th percentile 10-year-old and a 
    95th percentile 7-year-old. The agency stated that the threshold was 
    far enough below the weight of a 5th percentile adult female 
    (approximately 46 kg (101 pounds)) to avoid inadvertently deactivating 
    the air bag when a small adult is occupying the seat. In today's 
    proposal, the agency is not proposing a threshold as such but is 
    instead proposing tests using specified dummies. The heaviest child 
    dummy that would be used in testing a weight sensor intended to 
    suppress air bag deployment for children would be the Hybrid III 6-
    year-old child dummy, which has a weight of approximately 24 kg (51.8 
    pounds). No Hybrid III child dummies are available that correspond a 9-
    year-old or 10-year-old. A similar issue would exist with respect to a 
    sensor intended to suppress air bag deployment based on size, i.e., the 
    largest size child dummy tested would be the 6-year-old. The agency 
    requests comments on the potential gap between the size/weight of the 
    6-year-old child dummy and the largest/heaviest child for which 
    suppression might be appropriate (based on presence as opposed to being 
    out-of-position) and how the agency should deal with this issue. For 
    example, should the agency ballast the 6-year-old child dummy to a 
    greater weight when testing weight sensors?
    ---------------------------------------------------------------------------
    
        \20\ See 61 FR 40784, 40791-92, August 6, 1996; 61 FR 60206, 
    November 27, 1996.
    ---------------------------------------------------------------------------
    
        17. Possible information for consumers. NHTSA notes that, during 
    the phase-in of new requirements for advanced air bags, consumers may 
    be interested in knowing which vehicles are certified to the new 
    requirements. The agency requests comments on whether a means should be 
    provided so that consumers can easily determine whether a vehicle has 
    been certified to these requirements and, if so, which option(s) were 
    selected. NHTSA also requests comments on what means should be 
    established for communicating such information to consumers, should the 
    agency decide to do so, e.g., a required statement on the certification 
    label. The agency notes that such a statement or other means could also 
    be used to determine whether the vehicle is permitted to have a 
    retrofit on-off switch under Part 595.
        18. Temperature. NHTSA notes that it is asking several questions 
    related to temperature and air bag performance in connection with its 
    consideration of a petition for rulemaking submitted by Parents for 
    Safer Air Bags. A discussion of the petition is included in an appendix 
    to this notice.
        Does temperature have a significant effect on air bag deployment 
    performance? Is there a need to address this variable in Standard No. 
    208? If so, what specific performance requirements and test procedures 
    should be considered? How are vehicle manufacturers and suppliers 
    currently addressing this issue? The agency specifically requests data 
    related to temperature effects on sled and vehicle crash testing.
        19. Possible requirements relating to turning off cruise controls 
    upon air bag deployment. NHTSA notes that cruise controls are turned 
    off when a vehicle is braked. Many crashes, however, do not involve 
    braking. The agency requests comments on a possible requirement to 
    require cruise controls to be turned off upon air bag deployment.
        20. Possible requirements related to preventing air bag deployments 
    during rescue operations following a crash. As the agency has monitored 
    the real world performance of air bag deployments, it has noted 
    scattered reports of air bags deploying during rescue operations 
    following a crash. This can result in injury to rescue personnel and 
    also cause further injury to occupants. In NHTSA's Emergency Rescue 
    Guidelines for Air Bag Equipped Vehicles,21 the agency 
    explains that deactivating the vehicle's electrical system prevents 
    deployment of all electrically initiated air bags after a specific time 
    period. The specific times for different vehicles are identified as 
    part of the guidelines. The times vary significantly for different 
    vehicles, ranging from 0 seconds to 10 and even 20 minutes.
    ---------------------------------------------------------------------------
    
        \21\ These guidelines are available on NHTSA's website at http:/
    /www.nhtsa.dot.gov/people/injury/ems/airbag/.
    ---------------------------------------------------------------------------
    
        The agency requests comments on possible requirements relating to 
    preventing air bag deployments during rescue operations following 
    crashes. Should the agency specify requirements concerning air bag 
    deactivation times relative to deactivation of the vehicle's electrical 
    system for electrically initiated air bags, or some other means of 
    deactivation? Should the agency specify any other requirements for 
    these and/or other kinds of air bags?
        21. Organization of Standard No. 208. Do commenters have any 
    specific recommendations concerning the
    
    [[Page 49982]]
    
    organization of the regulatory text for Standard No. 208, with respect 
    to either or both the existing and the proposed text? The agency notes 
    that one way of simplifying the standard would be to remove outdated 
    text and to separate seat belt requirements from crash test 
    requirements. NHTSA is especially interested in specific comments 
    concerning how all of the crash test requirements, existing and 
    proposed, could be organized in a simple manner.
        22. Possible development of alternative unbelted crash test 
    requirements. The vehicle manufacturers have raised various objections 
    to the existing unbelted barrier test requirements. As discussed 
    earlier in this notice, NHTSA is placing in the docket a technical 
    paper which discusses the representativeness of those requirements with 
    respect to real-world frontal crashes which have a potential to cause 
    serious injury or fatality. NHTSA requests comments on that paper and 
    on whether the agency should develop alternative unbelted crash test 
    requirements. NHTSA requests commenters that advocate alternative 
    unbelted crash test requirements to recommend specific alternative 
    requirements and to address the following questions:
        a. How do the recommended alternative requirements compare to the 
    existing unbelted barrier test requirements (tests at any speed up to 
    48 km/h (30 mph), and at angles ranging from 30 degrees 
    oblique to perpendicular, into a rigid barrier) with respect to 
    representing the range of frontal crashes which have a potential to 
    cause serious injuries or fatalities? In answering this question, 
    please consider the entire range of tests incorporated into the 
    existing requirements and the recommended alternative requirements. 
    Please specifically address representativeness with respect to (1) 
    crash pulses, (2) crash severities, and (3) occupant positioning, and 
    provide separate answers for crashes likely to cause fatalities and 
    crashes likely to cause serious but not fatal injuries.
        b. How do the recommended alternative requirements compare to the 
    existing requirements with respect to repeatability, reproducibility, 
    and objectivity?
        c. To what extent can it be concluded that a countermeasure needed 
    to meet the recommended alternative would ensure protection in frontal 
    crashes not directly represented by the test, e.g., crashes with 
    different pulses (harder or softer) or different severities (more 
    severe or less severe)? Please quantify the amount of protection that 
    would be ensured in other types of crashes, i.e., what the injury 
    criteria measurements would be. Please answer this same question for 
    the existing unbelted barrier test requirements.
        d. Commenters are asked to specifically address why they believe 
    the recommended alternative is superior to the current requirements. In 
    providing this answer, commenters are asked to respond to the following 
    questions:
        1. If the recommended alternative is believed to be representative 
    of crashes not directly represented by the current requirements, should 
    it be added to Standard No. 208 rather than replace the existing 
    requirements?
        2. If a commenter believes that air bag designs needed to meet the 
    existing unbelted barrier test requirements provide less-than-optimum 
    protection in other types of crashes, please provide specific examples 
    and explain why advanced technologies permitting tailored air bag 
    response cannot be used to meet the existing performance requirements 
    and provide appropriate protection in the examples at issue.
        23. Possibility of more children sitting in the front seat with 
    advanced air bags. As vehicle manufacturers install advanced air bags 
    which minimize the risks air bags pose to children, the public may 
    believe that the front seat is now safe for children, and more children 
    would then sit in the front seat. However, the back seat has always 
    been safer for children, even before there were air bags. NHTSA 
    conducted a study of children who died in crashes in the front and back 
    seats of vehicles, very few of which had passenger air bags. The study 
    concluded that placing children in the back reduces the risk of death 
    in a crash by 27 percent, whether or not a child is 
    restrained.22 NHTSA requests comments on what steps it and 
    others can take to address the possible problem of more children riding 
    in the front seat with advanced air bags.
    ---------------------------------------------------------------------------
    
        \22\ For a further discussion of this subject, see NHTSA's final 
    rule concerning on-off switches, 62 FR 62406, 62420 (footnote 23), 
    November 21, 1997.
    ---------------------------------------------------------------------------
    
    VII. Costs and Benefits
    
        NHTSA is placing in the docket a Preliminary Economic Assessment 
    (PEA) which analyzes the potential impact of the proposed new 
    performance requirements and associated test procedures for advanced 
    air bag systems. The Executive Summary of that document summarizes its 
    conclusions as follows.
        Compliance scenarios. This analysis identified and analyzed three 
    groups of possible compliance scenarios that combine the mandatory and 
    optional test procedures for each risk group. Each scenario includes 
    the three mandatory 5th percentile female dummy tests, as well as the 
    existing 50th percentile male dummy frontal barrier tests with upgraded 
    injury criteria. One scenario (Option #1) assumes that out-of-position 
    children and driver requirements will be met with the out-of-position 
    suppression test, while infant requirements will be met with the infant 
    presence suppression test. A second scenario (Option #2) assumes that 
    requirements for all three groups will be met with the low risk 
    deployment test. A third scenario (Option #3) assumes that child and 
    adult requirements are met with the dynamic out-of-position test, and 
    the infant requirements are met with the infant presence suppression 
    test.
        Methodology. The analysis estimates the benefits and costs of 
    incremental improvements in safety compared to two different baselines. 
    The first is a baseline of pre-MY 1998 air bag vehicles. Tables E-1 and 
    E-2 provide cost and benefits estimates assuming a pre-MY 1998 air bag 
    vehicle baseline. The second baseline assumes that all vehicles are 
    designed to the sled test and provide benefits in full frontal impacts 
    (12 o'clock strikes), but no benefit in partial frontal impacts (10, 
    11, 1, and 2 o'clock strikes). Table E-3 provides costs and benefits 
    assuming a baseline of vehicles designed to the sled test. Neither of 
    these baselines reflect potential shifts in occupant demographics, 
    driver/passenger behavior, belt use, child restraint use, or the 
    percent of children sitting in the front right seat due to education 
    efforts and labeling. The agency requests comments on alternative 
    baselines, including ways to predict future changes in occupant 
    behavior, and including the likely evolution of air bag designs in the 
    absence of this rulemaking.
        While primary and alternative injury criteria performance limits 
    are proposed and analyzed in this assessment, only the primary proposal 
    results are discussed in this executive summary.
        Safety impacts. Potential safety impacts of this proposal are 
    dependent on the specific method chosen by manufacturers to meet the 
    proposed test requirements. Some countermeasures reach a larger target 
    population and potentially provide more benefits than others, although 
    each might adequately meet test requirements. For example, a weight 
    sensor could suppress the air bag up to its design limit for weight, 
    but would not suppress the air bag for heavier occupants. Thus, in 
    Table E-1, it is assumed that a 54 pound weight
    
    [[Page 49983]]
    
    sensor would be utilized to meet the ``Suppression When Presence'' test 
    with the 6 year-old dummy. While it could potentially save 102 children 
    ages 1 to 12, it could not save all 129 children in that age category, 
    because it is estimated that the remaining children will weigh more 
    than 54 pounds. Multi-stage inflation systems are an example of a 
    system that could potentially impact a wider range of injuries than do 
    proximity sensors.
        The ranges of potential safety impacts by test type are shown in 
    Table E-1 and total fatality benefits for the three examined compliance 
    options are shown in Table E-2. The estimated range of fatalities 
    prevented from the three scenarios is 226-239 annually. Of these, 25 
    are in high speed tests and the remainder are in tests to minimize 
    risks to out-of-position occupants. These estimated lives saved can 
    also be broken into 167-175 passengers and 59-64 drivers. Injuries were 
    not examined in this preliminary analysis because research to establish 
    injury impacts has not been completed. However, the agency believes 
    there will be significant injury reductions, particularly chest 
    injuries.
    
      Table E-1.--Estimated Target Population and Lives Saved Annually for the Primary Proposal Compared to Pre-MY  
                                                      1998 Air Bags                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                                                Passengers                          
                                                                 ---------------------------------------            
                         Tests                         Drivers                  1-12 year                   Total   
                                                                     RFCSS         old         Adult                
                                                                                 children                           
    ----------------------------------------------------------------------------------------------------------------
    Out-of-Position Target Population..............           41           33          129           11          214
    Estimated Lives Saved by Different Tests (These                                                                 
     are not additive):                                                                                             
        Suppression When Presence..................           NA           33          102           NA          135
        Suppression When Out-of-Position...........           41           NP          129           11          181
        Low Risk Deployment........................        36-39        31-33      114-122           10      191-204
        Dynamic Out-Of-Position....................        36-39           NP      114-122           10      160-171
         25 mph Offset Barrier.....................        36-39            0            0           10        46-49
        In-Position Target Population..............        6,778           NP           NP        1,501        8,279
    Estimated Lives Saved by Different Tests (These                                                                 
     are additive):                                                                                                 
        30 MPH, Belted/Unbelted 50th Male..........           11           NP           NP            0           11
        30 MPH, Belted/Unbelted 5th Percentile                                                                      
         Female....................................            5           NP           NP            1            6
        25 MPH Offset Barrier......................            7           NP           NP            1            8
    ----------------------------------------------------------------------------------------------------------------
    NP: Not proposed test for this group.                                                                           
    
        Costs. Potential compliance costs for this proposal vary 
    considerably and are dependent on 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. Table E-2 
    lists the range of compliance costs for each compliance option. The 
    range of potential costs for the compliance scenarios examined in this 
    analysis is $22-$162. This amounts to a total potential annual cost of 
    up to $2.5 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 are shown in Table 
    E-2. Property damage savings from these requirements could total up to 
    $158 over the lifetime of an average vehicle. This amounts to a total 
    potential cost savings of nearly $2.5 billion over the lifetime of a 
    complete model year's fleet.
        Net cost per fatality Prevented. Table E-2 summarizes the cost per 
    fatality prevented of each compliance option. 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 fatality saved from the 
    scenarios examined in this analysis is a savings of $9.4 million per 
    fatality saved to a cost of $4.8 million per fatality saved. The range 
    for passenger-side impacts is more favorable than for driver-side 
    impacts. This is due to the potential property damage savings from 
    suppressing air bags for children, and because there are far fewer out-
    of-position drivers at risk than there are passengers, particularly 
    children. Passenger side costs vary from a savings of $14.7 million per 
    fatality to a cost of $4.5 million per fatality. On the driver's side, 
    costs range from zero to a cost of $21.2 million per fatality 
    prevented.
    
                                                               Table E-2.--Summary of Costs and Benefits Compared to Pre-MY 1998 Air Bags                                                           
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Lifetime property                               Net cost (net savings)
                                          Cost per  vehicle       Annual total costs       Annual fatalities prevented        damage savings per     Net cost (net savings)  per discounted fatality
                                          (1997  dollars)             (billions)               (after 7% discount)                 vehicle                per vehicle          saved  (millions) ** 
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Compliance Option #1 OOP          $75-$162...............  $1.16-$2.51............  239 (172)........................  $21-$158...............  $4-$53.................  $0.3-$4.8M.            
     Suppression*, Child Suppression.                                                                                                                                                               
    Compliance Option #2 Low Risk     $22-$56................  $0.34-$0.86............  226-233 (163-168)................  $21-$158...............  $1-$(102)..............  $(9.4)-$0.1.           
     Deployment.                                                                                                                                                                                    
    
    [[Page 49984]]
    
                                                                                                                                                                                                    
    Compliance Option #3 Dynamic      $24-$162...............  $0.37-$2.51............  228-233 (165-168)................  $21-$158...............  $2-$4..................  $0.2-$0.4.             
     OOP*, Child Suppression.                                                                                                                                                                       
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    * Note: OOP = out-of-position. All three options include offset barrier and frontal barrier tests.                                                                                              
    ** Net cost per discounted fatality saved is computed by taking the net cost per vehicle times 15.5 million vehicles divided by discounted fatalities prevented.                                
    
        Sled tests. Sled tests were temporarily allowed as an alternative 
    method to certify compliance with FMVSS 208 in March 1997 in order to 
    facilitate introduction of depowered air bags. A provision of the NHTSA 
    Reauthorization Act (P.L. 105-178) provided that this method would 
    remain in effect until changed by rule. This analysis thus addresses 
    the relative merits of full frontal barrier tests and the sled test 
    alternative. NHTSA is proposing to eliminate the sled test alternative 
    because it is not representative of real world crashes that have the 
    potential for serious injury or fatality, and it does not adequately 
    test how well the vehicle and its restraint system protect outboard 
    front seat occupants in those situations. Relatively modest changes 
    have occurred thus far in air bag designs that use the sled test for 
    compliance. However, NHTSA is concerned that potentially, air bag 
    systems designed only to pass the sled test would expose occupants in 
    higher speed crashes to significant increases in crash forces. For 
    example, because the sled test is only a ``12 o'clock'' test, there is 
    concern that it could lead to decreased air bag volume, which would 
    provide less protection in frontal crashes at offset angles and to 
    unbelted passengers in any frontal high speed crash. NHTSA examined air 
    bag data supplied by nine auto manufacturers in response to an 
    information request issued by the agency in December 1997. The agency 
    found that of 42 passenger side model year 1998 systems examined, 10 
    had decreased air bag volume. Eight of these ten decreased the width of 
    the air bag. This demonstrates that air bags designed to meet the sled 
    test may provide protection to a smaller area of the occupant 
    compartment, or in a narrower set of collision angles.
        The effectiveness of air bags decreases as the crash moves further 
    away from direct frontal impacts--31 percent effective at 12 o'clock, 9 
    percent effective in 11 and 1 o'clock impacts and 5 percent effective 
    in 10 and 2 o'clock impacts. If air bag designs provided no benefit in 
    partial frontal impacts (10, 11, 1, and 2 o'clock), an estimated 319 
    lives would not be saved annually by air bags. In addition, the 
    agency's analysis of limited test data of MY 1998 air bag vehicles 
    versus pre-MY 1998 air bag vehicles estimated that 16 to 86 lives may 
    not be saved in full frontal impacts by MY 1998 air bags that have been 
    certified to the sled test. In total, 335 to 405 lives potentially 
    would not be saved by vehicles designed to the sled test, rather than 
    to the barrier test. Table E-3 shows that the net cost per fatality 
    saved ranges from a savings of $3.4 million per fatality saved to a 
    cost of $2.0 million per fatality saved.
        In designing a low risk air bag, it will be more difficult for the 
    manufacturers to meet all of the test conditions with an unbelted rigid 
    barrier test than with a sled test. Many more sled tests than barrier 
    tests can be run in a day and sled tests are less expensive to run than 
    vehicle tests into a barrier. The development effort to design to the 
    unbelted barrier test is more complex because many more factors have to 
    be accounted for, including the angle test. The agency is not sure what 
    would be the difference in vehicle costs between the two tests. If air 
    bags are made smaller with the sled test, some minor savings in the air 
    bag and sodium azide pellets would accrue. No additional cost has been 
    added to Table E-3. However, since air-bag equipped vehicles have met 
    the unbelted test in the past, there is little need to redesign air 
    bags when suppression is the technology of choice.
    
                                                        Table E-3.--Summary of Costs and Benefits Compared to Air Bags Designed to the Sled Test                                                    
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Lifetime property                               Net cost (net savings)
                                       Cost per vehicle (1997     Annual total costs       Annual fatalities prevented        damage savings per     Net cost (net savings)  per discounted fatality
                                              dollars)                (billions)               (after 7% discount)                 vehicle                per vehicle          saved  (millions)**  
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Compliance Option #1 OOP          $75-$162...............  $1.16-$2.51............  574-644 (414-465)................  $21-$158...............  $4-$53.................  $0.1-$2.0M.            
     Suppression*, Child Suppression.                                                                                                                                                               
    Compliance Option #2 Low Risk     $22-$56................  $0.34-$0.86............  561-638 (405-460)................  $21-$158...............  $1-$(102)..............  $(3.4)-$0.3.           
     Deployment.                                                                                                                                                                                    
    Compliance Option #3 Dynamic      $24-$162...............  $0.37-$2.51............  563-638 (406-460)................  $21-$158...............  $2-$4..................  $0.09-$0.1.            
     OOP*, Child Suppression.                                                                                                                                                                       
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    * Note: OOP = out-of-position. All three options include offset barrier and frontal barrier tests. There would be additional unquantified minor costs between the sled test and the unbelted    
      rigid barrier test.                                                                                                                                                                           
    ** Net cost per discounted fatality saved is computed by taking the net cost per vehicle times 15.5 million vehicles divided by discounted fatalities prevented.                                
    
    
    [[Page 49985]]
    
    VIII. 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 was reviewed by the 
    Office of Management and Budget under E.O. 12866, ``Regulatory Planning 
    and Review.'' The rulemaking action has 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. Sec. 601 et seq.) I hereby 
    certify that the proposed amendment would not have a significant 
    economic impact on a substantial number of small entities.
        The proposed rule would directly affect motor vehicle manufacturers 
    and indirectly affect air bag 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 which 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 final stage vehicle manufacturers and alterers 
    could also be affected by this proposal. However, since the agency 
    believes that final stage manufacturers and alterers receive vehicles 
    which are already equipped with air bags, the proposal would not have 
    any significant effect on final stage manufacturers or alterers.
        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.
        For the reasons discussed above, the small entities which would 
    most likely be affected by this proposal are small vehicle 
    manufacturers and dummy manufacturers. The number of such manufacturers 
    is so small that, regardless of whether the economic impact on them was 
    significant or not, the proposed rule would not have a significant 
    economic impact on a substantial number of small entities.
        The agency believes, further, that the economic impact on these 
    manufacturers 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. 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. However, 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). This assessment is 
    included in the PEA.
    
    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
    
        The Department of Transportation is submitting the following 
    information collection request (ICR) to the Office of Management and 
    Budget (OMB) for review and clearance under the Paperwork Reduction Act 
    of 1995 (P.L. 104-13, 44 U.S.C. Chapter 35).
        For further information contact: Complete copies of each request 
    for collection of information may be obtained from Mr. Michael 
    Robinson, NHTSA Information Collection Clearance Officer, NHTSA, 400 
    Seventh Street, SW, Room 6123, Washington, DC. Mr. Robinson's telephone 
    number is (202) 366-9456. Please identify the relevant collection of 
    information by referring to ``Phase-in Production Reporting 
    Requirements for Advanced Air Bags.''
        Agency: National Highway Traffic Safety Administration (NHTSA).
        Title: Phase-in Production Reporting Requirements for Advanced Air 
    Bags.
        Type of Request: Routine.
        OMB Clearance Number: 2127-New.
    
    [[Page 49986]]
    
        Form Number: This collection of information would use no standard 
    forms.
        Affected Public: The respondents are 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. The agency estimates that there are 
    about 21 such manufacturers.
        Estimate of the Total Annual Reporting and Recordkeeping Burden 
    Resulting from the Collection of Information: NHTSA estimates that the 
    total annual hour burden is 1260 hours.
        Estimated Costs: NHTSA estimates the total annual cost burden, in 
    dollars, to be $37,800.
        Summary of the Collection of Information: This collection would 
    require 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 annually 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) during the phase-in of those requirements. The phase-in 
    would be completed in three years.
        Description of the Need for the Information and Proposed use of the 
    Information: The purpose of the reporting requirements would be to aid 
    the National Highway Traffic Safety Administration in determining 
    whether a manufacturer 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 has complied with the advanced air bag requirements of Standard 
    No. 208 during the phase-in of those requirements.
    
    IX. Request for Comments
    
        Interested persons are invited to submit comments on this proposal. 
    Two copies should be submitted to Docket Management at the address 
    given at the beginning of this document.
        In addition, for those comments of four or more pages in length, it 
    is requested but not required that 10 additional copies, as well as one 
    copy on computer disc, be sent to: Mr. Clarke Harper, Chief, Light Duty 
    Vehicle Division, NPS-11, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW, Washington, DC 20590. This 
    would aid the agency in expediting its review of all the comments. The 
    copy on computer disc may be in any format, although the agency would 
    prefer that it be in WordPerfect 8.
        All comments must not exceed 15 pages in length (49 CFR 553.21). 
    Necessary attachments may be appended to these submissions without 
    regard to the 15-page limit. This limitation is intended to encourage 
    commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, three copies of the complete submission, including 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street address given above, and two 
    copies from which the purportedly confidential information has been 
    deleted should be submitted to Docket Management. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in the agency's confidential business 
    information regulation. 49 CFR Part 512.
        All comments received before the close of business on the comment 
    closing date indicated above will be considered, and will be available 
    for examination in the docket at the above address both before and 
    after that date. To the extent possible, comments filed after the 
    closing date will also be considered. Comments received too late for 
    consideration in regard to this action will be considered as 
    suggestions for further rulemaking action. Comments will be available 
    for inspection in the docket. The NHTSA will continue to file relevant 
    information as it becomes available in the docket after the closing 
    date, and recommends that interested persons continue to examine the 
    docket for new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed, stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments, the docket supervisor will return the postcard by mail.
    
    List of Subjects
    
    49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
    products, Tires.
    
    49 CFR Part 585
    
        Motor vehicles, Motor vehicle safety, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 587
    
        Motor vehicle safety.
    
    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 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        1. 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.
    
        2. Section 571.208 would be amended by revising S3, S4.5.1 
    introductory text, and S4.5.4, adding S6.6 through S6.7, revising 
    S8.1.5 and S13, and adding S14 through S30.2.4, to read as follows:
    
    
    Sec. 571.208  Standard No. 208; Occupant crash protection.
    
    * * * * *
        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 S15, S17, S19, S21, S23, and S25.
        (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 of this section.
        (d) Wherever tolerances are specified, requirements shall be met at 
    all values within the tolerances.
    * * * * *
        S4.5.1  Labeling and owner's manual information. The labels 
    specified in S4.5.1 (b), (c), and (e) of this standard
    
    [[Page 49987]]
    
    are not required for vehicles that have a passenger side air bag 
    meeting the criteria specified in S4.5.5 of this standard or which are 
    certified to the requirements specified in S15, S17, S19, S21, S23, and 
    S25 of this standard.
    * * * * *
        S4.5.4  Passenger Air Bag Manual Cut-off Device. Passenger cars, 
    trucks, buses, and multipurpose passenger vehicles manufactured before 
    September 1, 2005 and not certified to meet the requirements specified 
    in S15, S17, S19, S21, S23, and S25 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.
    * * * * *
    [Proposed Alternative One--Chest includes existing requirements for 
    chest acceleration (S6.3) and chest deflection (S6.4) plus Combined 
    Thoracic Index (proposed S6.6); Proposed Alternative Two--Chest 
    includes existing requirements for chest acceleration and chest 
    deflection]
        S6.6  (This only applies to vehicles manufactured on or after 
    September 1, 2005 and to vehicles manufactured before that time which 
    are certified to the requirements specified in S15, S17, S19, S21, S23, 
    and S25 of this standard.) Combined Thoracic Index (CTI) shall not 
    exceed 1.0. The equation for calculating the CTI criterion is given by
    
    CTI = (Amax/Aint) + (Dmax/
    Dint)
    
    where Aint and Dint are intercept values defined 
    as
    
    Aint = 85 g's for spine acceleration intercept, and 
    Dint = 102 mm (4.0 in.) for sternal deflection intercept.
    
        Calculation of CTI requires measurement of upper spine triaxial 
    acceleration filtered at SAE class 180 and sternal deflection filtered 
    at SAE class 600. From the measured data, a 3-msec clip maximum value 
    of the resultant spine acceleration (Amax) and the maximum 
    chest deflection (Dmax) shall be determined.
        S6.7
    
    [Proposed Alternative One--Neck]
    
        The biomechanical neck injury predictor, Nij, shall not exceed a 
    value of [the agency is considering values of 1.4 and 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 = 3600 N (809 lbf) for tension
    Fzc = 3600 N (809 lbf) for compression
    Myc = 410 Nm (302 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 [the agency is considering values 
    of 1.4 and 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.
    
    [Proposed Alternative Two--Neck]
    
        Neck injury criteria. Using the six axis upper neck load cell (ref. 
    Denton drawing C-1709) that is mounted between the bottom of the skull 
    and the top of the neck as shown in drawing 78051-218, the peak forces 
    and moments measured at the occipital condyles shall not exceed:
    
    Axial Tension = 3300 N (742 lbf)
    Axial Compression = 4000 N (899 lbf)
    Fore-and-Aft Shear = 3100 N (697 lbf)
    Flexion Bending Moment = 190 Nm (140 lbf-ft)
    Extension Bending Moment = 57 Nm (42 lbf-ft)
    
    SAE Class 1000 shall be used to filter the axial tension, axial 
    compression, and fore-and-aft shear. SAE Class 600 shall be used to 
    filter the measured moment and fore-and-aft shear used to compute the 
    flexion bending moment and extension bending moment at the occipital 
    condyles.
    * * * * *
        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.
    * * * * *
        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 S15, S17, S19, S21, S23, and S25 (in addition to the other 
    requirements specified in this standard). 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.
        (b) Manufacturers which 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 S15, S17, S19, S21, S23, and S25 (in addition 
    to the other requirements specified in this standard). 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.
        (c) Each vehicle that is manufactured in two or more stages or that 
    is altered (within the meaning of Sec. 567.7 of this chapter) after 
    having previously been certified in accordance with part 567 of this 
    chapter is 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 S15, S17, S19, 
    S21, S23 and S25 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
    
    [[Page 49988]]
    
        (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 S15, S17, S19, 
    S21, S23 and S25 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 S15, S17, S19, 
    S21, S23 and S25 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 it if 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 S15, S17, S19, S21, 
    S23, and S25 (in addition to the other requirements specified in this 
    standard). 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.
        S14.3  Vehicle integrity requirements. Each vehicle certified to 
    the requirements of S15, S17, S19, S21, S23, and S25 of this standard 
    shall meet the following vehicle integrity criteria during the crash 
    and/or at the conclusion of each crash test, as specified, that is part 
    of a requirement under this standard to which the vehicle is certified 
    (this includes the crash tests that are part of requirements other than 
    those identified earlier in this paragraph):
        (a) The latching mechanism of each door shall hold the door closed 
    throughout the test.
        (b) After the impact, it must be possible, without the use of 
    tools, to open at least one door, if there is one, per row of seats 
    and, where there is no such door, to move the seats or tilt their 
    backrests as necessary to allow the evacuation of all the occupants; 
    this is, however, only applicable to vehicles having a roof of rigid 
    construction.
        S15  Rigid barrier test requirements using 5th percentile adult 
    female dummies. 
        S15.1.  Each vehicle 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.
        S15.2  Each vehicle 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 the Type 2 seat belt assembly.
        S15.3  Injury criteria (5th percentile adult female dummy).
        S15.3.1  All portions of the test dummy shall be contained within 
    the outer surfaces of the vehicle passenger compartment throughout the 
    test.
        S15.3.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.002
    
    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.
    
    [Proposed Alternative One--Chest includes requirements for chest 
    acceleration (proposed S15.3.3), chest deflection (proposed S15.3.4) 
    and Combined Thoracic Index (proposed S15.3.6; Proposed Alternative 
    Two--Chest includes requirements for chest acceleration and chest 
    deflection]
    
        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 62 mm (2.5 inches).
        S15.3.5  The force transmitted axially through each upper leg shall 
    not exceed 6805 N (1530 pounds).
        S15.3.6  Combined Thoracic Index (CTI) shall not exceed 1.0. The 
    equation for calculating the CTI criterion is given by
    
    CTI = (Amax/Aint) + (Dmax/
    Dint)
    
    where Aint and Dint are intercept values defined 
    as
    
    Aint = 85 g's for spine acceleration intercept, and
    Dint = 83 mm (3.3 in.) for sternal deflection intercept.
    
    
    [[Page 49989]]
    
    
    Calculation of CTI requires measurement of upper spine triaxial 
    acceleration filtered at SAE class 180 and sternal deflection filtered 
    at SAE class 600. From the measured data, a 3-msec clip maximum value 
    of the resultant spine acceleration (Amax) and the maximum 
    chest deflection (Dmax) shall be determined. S15.3.7
    
    [Proposed Alternative One--Neck]
        The biomechanical neck injury predictor, Nij, shall not exceed a 
    value of [the agency is considering values of 1.4 and 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 = 3200 N (719 lbf) for tension
    Fzc = 3200 N (719 lbf) for compression
    Myc = 210 Nm (155 lbf-ft) for flexion about occipital condyles
    Myc = 60 Nm (44 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 [the agency is considering values 
    of 1.4 and 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.
    
    [Proposed Alternative Two--Neck]
    
        Neck injury criteria. Using the six axis upper neck load cell [a 
    drawing incorporated by reference in Part 572 would be identified in 
    the final rule] that is mounted between the bottom of the skull and the 
    top of the neck as shown in drawing [a drawing incorporated by 
    reference in Part 572 would be identified in the final rule], the peak 
    forces and moments measured at the occipital condyles shall not exceed:
    
    Axial Tension = 2080 N (468 lbf)
    Axial Compression = 2520 N (567 lbf)
    Fore-and-Aft Shear = 1950 N (438 lbf)
    Flexion Bending Moment = 95 Nm (70 lbf-ft)
    Extension Bending Moment = 28 Nm (21 lbf-ft)
    
    SAE Class 1000 shall be used to filter the axial tension, axial 
    compression, and fore-and-aft shear. SAE Class 600 shall be used to 
    filter the measured moment and fore-and-aft shear used to compute the 
    flexion bending moment and extension bending moment at the occipital 
    condyles.
        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) Unbelted testing. Place a Part 572 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. No 
    additional action, such as fastening a manual belt, is taken. Impact 
    the vehicle traveling longitudinally forward at any speed, up to and 
    including 48 km/h (30 mph), into a fixed collision barrier that is 
    perpendicular to the line of travel of the vehicle, or at any angle up 
    to 30 degrees from the perpendicular to the line of travel of the 
    vehicle under the applicable conditions of S16.2 of this standard. 
    Determine whether the vehicle integrity criteria specified in S14.3 and 
    the injury criteria specified in S15.3 of this standard are met.
        (b) Belted testing. Place a Part 572 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. Fasten 
    the manual Type 2 seat belt assembly at each of these positions around 
    the dummy occupying the position, in accordance with S16.3.10 of this 
    standard. Impact the vehicle traveling longitudinally forward at any 
    speed, up to and including 48 km/h (30 mph), into a fixed collision 
    barrier that is perpendicular to the line of travel of the vehicle, or 
    at any angle up to 30 degrees from the perpendicular to the line of 
    travel of the vehicle under the applicable conditions of S16.3 of this 
    standard. Determine whether the vehicle integrity criteria specified in 
    S14.3 and the injury criteria specified in S15.3 of this standard are 
    met.
        S16.2  Test conditions. 
        S16.2.1  The vehicle including test devices and instrumentation, is 
    loaded as follows:
        (a) Passenger cars. A passenger car is loaded to its unloaded 
    vehicle weight plus its rated cargo and luggage capacity weight, 
    secured in the luggage area, plus the weight of the necessary 
    anthropomorphic test devices.
        (b) Multipurpose passenger vehicles, trucks, and buses. A 
    multipurpose passenger vehicle, truck, or bus is loaded to its unloaded 
    vehicle weight plus 136 kg (300 pounds) or its rated cargo and luggage 
    capacity weight, whichever is less, secured in the load carrying area 
    and distributed as nearly as possible in proportion to the gross axle 
    weight ratings, plus the weight of the necessary anthropomorphic test 
    devices. For the purposes of S16.2.1, unloaded vehicle weight does not 
    include the weight of the work-performing accessories. Vehicles are 
    tested to a maximum unloaded vehicle weight of 2,495 kg (5500 pounds).
        (c) Fuel system capacity. With the test vehicle on a level surface, 
    pump the fuel from the vehicle's fuel tank and then operate the engine 
    until it stops. Then, add Stoddard solvent to the vehicle's fuel tank 
    in an amount which is equal to not less than 92 and not more than 94 
    percent of the fuel tank's usable capacity stated by the vehicle's 
    manufacturer. In addition, add the amount of Stoddard solvent needed to 
    fill the entire fuel system from the fuel tank through the engine's 
    induction system.
        (d) Vehicle test attitude. Determine the distance between a level 
    surface and a standard reference point on the test vehicle's body, 
    directly above each wheel opening, when the vehicle is in its ``as 
    delivered'' condition. The ``as delivered'' condition is the vehicle as 
    received at the test site, with 100 percent of all fluid capacities and 
    all tires inflated to the manufacturer's specifications as listed on 
    the vehicle's tire placard. Determine the distance between the same 
    level surface and the same standard reference points in the vehicle's 
    ``fully loaded condition.'' The ``fully loaded condition'' is the test 
    vehicle loaded in accordance with S16.2.1(a) or (b) of this standard, 
    as applicable. The load placed in the cargo area shall be centered over 
    the longitudinal centerline of the vehicle. The pretest vehicle 
    attitude shall be equal to either the as delivered or fully loaded 
    attitude or between the as delivered attitude and the fully loaded 
    attitude.
    
    [[Page 49990]]
    
        S16.2.2  Adjustable seats are in the forwardmost adjustment 
    position and if separately adjustable in a vertical direction, are at 
    the uppermost position.
        S16.2.3  Place adjustable seat backs at an angle of 18+/-2 degrees 
    from vertical, if adjustable. Place any manually adjustable anchorages 
    midway between extreme positions. If there is no midway position for an 
    adjustable anchorage, place it in the next highest position. Place each 
    adjustable head restraint in its highest adjustment position. 
    Adjustable lumbar supports are positioned so that the lumbar support is 
    in its lowest adjustment position.
        S16.2.4  Adjustable steering controls are adjusted so that the 
    steering wheel hub is at the geometric center of the locus it describes 
    when it is moved through its full range of driving positions. In the 
    event that the adjustable steering wheel cannot be placed in the center 
    of its movement, the wheel is placed at the next lowest position.
        S16.2.5  Movable vehicle windows and vents are placed in the fully 
    closed position, unless the vehicle manufacturer chooses to specify a 
    different adjustment position.
        S16.2.6  Convertibles and open-body type vehicles have the top, if 
    any, in place in the closed passenger compartment configuration.
        S16.2.7  Doors are fully closed and latched but not locked.
        S16.2.8  The anthropomorphic test dummies used for crash testing 
    shall be the 5th percentile adult female test dummy specified in Part 
    572 of this Chapter.
        S16.2.9  The Part 572 5th percentile adult female dummy is clothed 
    in formfitting 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.
        S16.2.10  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.
        S16.2.11  Instrumentation does not affect the motion of dummies 
    during impact.
        S16.2.12  The stabilized temperature of the Part 572 5th percentile 
    adult female test dummy is at any level between 20 degrees C and 22 
    degrees C.
        S16.3  Dummy Seating Positioning Procedures. The Part 572 5th 
    percentile adult female test dummy is positioned as follows.
        S16.3.1  Head. The transverse instrumentation platform of the head 
    shall be horizontal within \1/2\ degree. To level the head of the 
    dummy, the following sequences must be followed. First, adjust the 
    position of the H point within the limits set forth in S16.3.5.1 of 
    this standard to level the transverse instrumentation platform of the 
    head of the test dummy. If the transverse instrumentation platform of 
    the head is still not level, then adjust the pelvic angle of the test 
    dummy within the limits specified in S16.3.5.2 of this standard. If the 
    transverse instrumentation platform of the head is still not level, 
    then adjust the neck bracket of the dummy the minimum amount necessary 
    from the non-adjusted ``0'' setting to ensure that the transverse 
    instrumentation platform of the head is horizontal within \1/2\ degree. 
    The test dummy shall remain within the limits specified in S16.3.5.1 
    and S16.3.5.2 of this standard after any adjustment of the neck 
    bracket.
        S16.3.2  Arms.
        S16.3.2.1  The driver's upper arms shall be adjacent to the torso 
    with the centerlines as close to a vertical plane as possible.
        S16.3.2.2  The passenger's upper arms shall be in contact with the 
    seat back and the sides of the torso.
        S16.3.3  Hands.
        S16.3.3.1  The palms of the driver test dummy shall be in contact 
    with the outer part of the steering wheel rim at the rim's horizontal 
    centerline. The thumbs shall be over the steering wheel rim and shall 
    be lightly taped to the steering wheel rim so that if the hand of the 
    test dummy is pushed upward by a force of not less than 9 N (2 pounds 
    force) and not more than 22 N (5 pounds force), the tape shall release 
    the hand from the steering wheel rim.
        S16.3.3.2  The palms of the passenger test dummy shall be in 
    contact with the outside of the dummy's thigh. The little finger shall 
    be in contact with the seat cushion.
        S16.3.4  Upper torso.
        S16.3.4.1  In vehicles equipped with bench seats, the upper torso 
    of the driver and passenger test dummies shall rest against the seat 
    back. The midsagittal plane of the driver dummy shall be vertical and 
    parallel to the vehicle's longitudinal centerline, and pass through the 
    center of the steering wheel rim. The midsagittal plane of the 
    passenger dummy shall be vertical and parallel to the vehicle's 
    longitudinal centerline and the same distance from the vehicle's 
    longitudinal centerline as the midsagittal plane of the driver dummy.
        S16.3.4.2  In vehicles equipped with bucket seats, the upper torso 
    of the driver and passenger test dummies shall rest against the seat 
    back. The midsagittal plane of the driver and the passenger dummy shall 
    be vertical and shall coincide with the longitudinal centerline of the 
    bucket seat.
        S16.3.5  Lower Torso.
        S16.3.5.1  H-point. The H-point of the driver and passenger test 
    dummies shall coincide within 13 mm (.5 inch) in the vertical dimension 
    and 13 mm (.5 inch) in the horizontal dimension of a point 6 mm (.25 
    inch) below the position of the H-point determined using the equipment 
    and procedures specified in SAE J826 (Apr 80) except that the length of 
    the lower leg and thigh segments of the H-point machine shall be 
    adjusted to 325 mm (12.8 inches) and 342 mm (13.5 inches), 
    respectively, instead of the 50th percentile values specified in Table 
    1 of SAE J826.
        S16.3.5.2  Pelvic angle. As determined using the pelvic angle gage 
    (GM drawing 78051-532 incorporated by reference in Part 572, Subpart E 
    of this chapter) which is inserted into the H-point gaging hole of the 
    dummy, the angle measured from the horizontal on the 76 mm (3 inches) 
    flat surface of the gage shall be 22\1/2\ degrees plus or minus 2\1/2\ 
    degrees.
        S16.3.6  Legs. The upper legs of the driver and passenger test 
    dummies shall rest against the seat cushion to the extent permitted by 
    placement of the feet. The initial distance between the outboard knee 
    clevis flange surfaces shall be 483 mm (19 inches). To the extent 
    practicable, the left leg of the driver dummy and both legs of the 
    passenger dummy shall be in vertical longitudinal planes. To the extent 
    practicable, the right leg of the driver dummy shall be in a vertical 
    plane. Final adjustment to accommodate placement of feet in accordance 
    with S16.3.7 of this standard for various passenger compartment 
    configurations is permitted.
        S16.3.7  Feet. The feet of the driver test dummy shall be 
    positioned in accordance with S16.3.7.1(a) and S16.3.7.1(b) of this 
    standard. The feet of the passenger test dummy shall be positioned in 
    accordance with S16.3.7.2.1(a) and S16.3.7.2.1(b) of this standard or 
    S16.3.7.2.2(a) and S16.3.7.2.2(b) of this standard, as appropriate.
        S16.3.7.1  Driver position feet placement.
        (a) Rest the right foot of the test dummy on the undepressed 
    accelerator pedal with the rearmost point of the heel on the floor pan 
    in the plane of the
    
    [[Page 49991]]
    
    pedal. If the heels cannot reach the floor, for adjustable seats lower 
    the seat until the heels touch the floor. For non adjustable seats and 
    for adjustable seats that do not permit dummy heel contact in the 
    lowest adjustment position, adjust the lower limbs until the heels 
    touch the floor. Check the H-point location in S16.3.5.1 to maintain 
    the least deviation from the previous setting. If the foot cannot be 
    placed on the accelerator pedal, set it initially perpendicular to the 
    lower leg and place it as far forward as possible in the direction of 
    the pedal centerline with the rearmost point of the heel resting on the 
    floor pan. Except as prevented by contact with a vehicle surface, place 
    the right leg so that the upper and lower leg centerlines fall, as 
    close as possible, in a vertical plane without inducing torso movement.
        (b) Place the left foot on the toeboard with the rearmost point of 
    the heel resting on the floor pan as close as possible to the point of 
    intersection of the planes described by the toeboard and the floor pan 
    and not on the wheelwell projection. If the foot cannot be positioned 
    on the toeboard, set it initially perpendicular to the lower leg and 
    place it as far forward as possible with the heel resting on the floor 
    pan. If necessary to avoid contact with the vehicle's brake or clutch 
    pedal, rotate the test dummy's left foot about the lower leg. If there 
    is still pedal interference, rotate the left leg outboard about the hip 
    the minimum necessary to avoid the pedal interference. Except as 
    prevented by contact with a vehicle surface, place the left leg so that 
    the upper and lower leg centerlines fall, as close as possible, in a 
    vertical plane. For vehicles with a foot rest that does not elevate the 
    left foot above the level of the right foot, place the left foot on the 
    foot rest so that the upper and lower leg centerlines fall in a 
    vertical plane.
        S16.3.7.2  Passenger position feet placement.
        S16.3.7.2.1  Vehicles with a flat floor pan/toeboard.
        (a) Place the right and left feet on the vehicle's floor pan with 
    the heels resting on the floor pan as close as possible to the 
    intersection point with the toeboard. If the heels cannot reach the 
    floor, for adjustable seats lower the seat until the heels touch the 
    floor. For non adjustable seats and for adjustable seats that do not 
    permit dummy heel contact in the lowest adjustment position, adjust the 
    lower limbs until the heels touch the floor. Check the H-point location 
    in S16.3.5.1 to maintain the least deviation from the previous setting.
        (b) Place the right and left legs so that the upper and lower leg 
    centerlines fall in vertical longitudinal planes.
        S16.3.7.2.2  Vehicles with wheelhouse projections in passenger 
    compartment.
        (a) Place the right and left feet flat in the well of the floor 
    pan/toeboard and not on the wheelhouse projection. If the feet cannot 
    be placed flat on the toeboard, for adjustable seats lower the seat 
    until the heels touch the floor. For non-adjustable seats and for 
    adjustable seats that do not permit dummy heel contact in the lowest 
    position, set them perpendicular to the lower leg centerlines.
        (b) If it is not possible to maintain vertical and longitudinal 
    planes through the upper and lower leg centerlines for each leg, place 
    the left leg so that its upper and lower centerlines fall, as closely 
    as possible, in a vertical longitudinal plane and place the right leg 
    so that its upper and lower leg centerlines fall, as closely as 
    possible, in a vertical plane. Adjust both legs so that the foot is in 
    contact with the floor pan and/or toe board and both knee heights 
    deviate by no more than 10 mm.
        S16.3.8  Manual belt adjustment for dynamic testing. With the test 
    dummy at its designated seating position as specified by the 
    appropriate requirements of S16.3.1 through S16.3.7 of this standard, 
    place the Type 2 manual belt around the test dummy and fasten the 
    latch. Remove all slack from the lap belt. Pull the upper torso webbing 
    out of the retractor and allow it to retract; repeat this 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. Each vehicle 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 of this standard with 
    the anthropomorphic test dummy restrained by the Type 2 seat belt 
    assembly.
        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 follows. 
    Place a Part 572 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. Fasten the manual Type 2 seat belt 
    assembly at each of these positions around the dummy occupying the 
    position, in accordance with S16.3.8 of this standard. 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. Determine 
    whether the vehicle integrity criteria specified in S14.3 and the 
    injury criteria specified in S15.3 of this standard are met.
        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 and positioning. The anthropomorphic test 
    dummies are seated and positioned as specified in S16.3 of this 
    standard.
        S18.2.4  Impact configuration. The test vehicle shall impact the 
    barrier specified in Subpart B of Part 587, 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 of the vehicle's width engaging the 
    barrier face for any of the following conditions: the right edge of the 
    barrier face is offset to the left of the vehicle's longitudinal 
    centerline by 10 percent of the vehicle's width +/-20 mm (0.8 inch), or 
    the left edge of the barrier face is offset to the right of the 
    vehicle's longitudinal centerline by 10 percent of the vehicle's width 
    +/-20 mm (0.8 inch). The vehicle width is defined as the maximum 
    dimension measured across the widest part of the vehicle, excluding 
    exterior mirrors, flexible mud flaps and marker lamps, but including 
    bumpers, molding, sheet metal protrusions, and dual wheels, as standard 
    equipment.
        S19  Requirements using 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.
    
    [[Page 49992]]
    
        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 after each of the static tests (using the 
    12 month old CRABI child dummy in a rear facing infant restraint) 
    specified in S20.2, activation of the air bag after each of the static 
    tests (using a 5th percentile adult female dummy) specified in S20.3, 
    deactivation of the air bag throughout the rough road tests (using a 12 
    month old child dummy in a rear facing infant restraint) specified in 
    S20.4, and activation of the air bag throughout the rough road tests 
    (using a 5th percentile adult female dummy) specified in S20.5.
        S19.2.2  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. 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 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 of this standard.
        S19.4  Injury criteria (12 month old CRABI dummy).
        S19.4.1  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.003
    
    shall not exceed 660 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.
        S19.4.2  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 40 g's, except for intervals whose cumulative duration is 
    not more than 3 milliseconds.
        S19.4.3
    
    [Proposed Alternative One--Neck]
    
        The biomechanical neck injury predictor, Nij, shall not exceed a 
    value of [the agency is considering values of 1.4 and 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 = 2200 N (495 lbf) for tension
    Fzc = 2200 N (495 lbf) for compression
    Myc = 85 Nm (63 lbf-ft) for flexion about occipital condyles
    Myc = 25 Nm (18 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 [the agency is considering 
    values of 1.4 and 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.
    [Proposed Alternative Two--Neck]
        Neck injury criteria. Using the six axis upper neck load cell [a 
    drawing incorporated by reference in Part 572 would be identified in 
    the final rule] that is mounted between the bottom of the skull and the 
    top of the neck as shown in drawing [a drawing incorporated by 
    reference in Part 572 would be identified in the final rule], the peak 
    forces and moments measured at the occipital condyles shall not exceed:
    
    Axial Tension = 1150 N (259 lbf)
    Axial Compression = 1390 N (312 lbf)
    Fore-and-Aft Shear = 1080 N (243 lbf)
    Flexion Bending Moment = 39 Nm (29 lbf-ft)
    Extension Bending Moment = 12 Nm (9 lbf-ft)
    
    SAE Class 1000 shall be used to filter the axial tension, axial 
    compression, and fore-and-aft shear. SAE Class 600 shall be used to 
    filter the measured moment and fore-and-aft shear used to compute the 
    flexion bending moment and extension bending moment at the occipital 
    condyles.
        S20  Test procedure for S19.
        S20.1  General provisions.
        S20.1.1  Tests specifying the use of a rear facing child restraint 
    are conducted using any rear facing child restraint (including 
    convertible types) which was manufactured for sale in the United States 
    between two years and ten years prior to the date the model year 
    carline of which the vehicle is a part was (or will be) first offered 
    for sale to a consumer. The rear facing child restraint may be unused 
    or used; if used, there must not be any visible damage prior to the 
    test.
        S20.1.2  Tests are conducted with the engine operating.
        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 child restraint, facing rear.
        S20.2.1  Place the right front passenger vehicle seat in any 
    position, i.e., any seat track location, any seat height, any seat back 
    angle.
        S20.2.1.2  Install the Part 572 12-month old CRABI dummy in any 
    rear facing child restraint in accordance with the manufacturer's 
    instructions provided with the seat pursuant to Standard No. 213.
        S20.2.1.3  Install the rear facing child restraint in the right 
    front passenger seat of the vehicle in accordance, to the extent 
    possible, with the child restraint manufacturer's instructions provided 
    on the seat pursuant to Standard No. 213 and with the instructions in 
    the vehicle owner's manual. Cinch the vehicle belts to any level to 
    secure the rear facing child restraint.
        S20.2.1.4  Place the rear facing child restraint handle at any 
    angle.
        S20.2.1.5  Place any towel or blanket, with any weight up to 1 kg 
    (2.2 pounds), on or over the rear facing child restraint in any manner.
        S20.2.1.6  Start the vehicle engine and then close all vehicle 
    doors.
        S20.2.1.7  Monitor the telltale light to check whether the air bag 
    is deactivated, i.e., the light must be illuminated.
    
    [[Page 49993]]
    
        S20.2.2  Test two--unbelted rear facing child restraint.
        S20.2.2.1  Place the right front passenger vehicle seat in any 
    position, i.e., any seat track location, any seat height, any seat back 
    angle.
        S20.2.2.2  Install the Part 572 12-month old CRABI dummy in any 
    rear facing child restraint in accordance with the manufacturer's 
    instructions provided with the seat pursuant to Standard No. 213.
        S20.2.2.3  Install the rear facing child restraint with the dummy 
    on the right front passenger seat of the vehicle in any of the 
    following positions (without using the vehicle's seat belts):
        (a) In the same position as that specified in S20.2.1.3 of this 
    standard,
        (b) In the same position as specified in (a) of this section, but 
    rotated 180 degrees so that the dummy is facing the front of the 
    vehicle;
        (c) In the same position as specified in (a) of this section, but 
    rotated 90 degrees so that the dummy is facing the driver position and 
    the side of the child restraint is in contact with the front passenger 
    seat back;
        (d) In the same position as specified in (a) of this section, but 
    rotated 90 degrees so that the dummy is facing the passenger door and 
    the side of the child restraint is in contact with the front passenger 
    seat back;
        (e) In a position 127 mm (5 inches) forward of the position 
    specified in (a) of this section, with the orientation specified in (c) 
    of this section (if the child restraint is not stable, move it forward 
    toward the edge of the seat until it can rest in equilibrium);
        (f) In the same position specified in (e) of this section, but 
    rotated 180 degrees so that the dummy is facing the passenger door.
        S20.2.2.4  Place the rear facing child restraint handle at any 
    angle.
        S20.2.2.5  Place any towel or blanket, with any weight up to 1 kg 
    (2.2 pounds), on or over the rear facing child restraint in any manner.
        S20.2.2.6  Close all vehicle doors.
        S20.2.2.7  Monitor the telltale light to check whether the air bag 
    is deactivated, i.e., the light must remain illuminated for the entire 
    time the child seat is positioned as described.
        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 in any 
    position, i.e., any seat track location, any seat height, any seat back 
    angle.
        S20.3.2  Place a Part 572 5th percentile adult female test dummy at 
    the right front seating position of a vehicle, in accordance with 
    procedures specified in S16.3 of this standard, to the extent possible 
    with the seat position that has been selected.
        S20.3.3  Monitor the telltale light to check whether the air bag is 
    activated for the entire time the 5th percentile adult female test 
    dummy is positioned as described.
        S20.4  Rough road tests of automatic suppression feature, during 
    which the passenger air bag must be deactivated.
        S20.4.1  Place the right front passenger vehicle seat in any 
    position, i.e., any seat track location, any seat height, any seat back 
    angle.
        S20.4.2  Install the Part 572 12-month old CRABI dummy in any rear 
    facing child restraint.
        S20.4.3  Install the rear facing child restraint in the right front 
    passenger seat of the vehicle in accordance, to the extent possible, 
    with the child restraint manufacturer's instructions provided with the 
    seat pursuant to Standard No. 213 and with the instructions in the 
    vehicle owner's manual. Cinch the vehicle belts to any level to secure 
    the rear facing child restraint.
        S20.4.4  Drive the vehicle at any speed up to 40 km/h (25 mph) for 
    any distance between 0.2 km (\1/8\ mile) and 0.4 km (\1/4\ mile) over 
    any of the following types of road surfaces:
        (a) Washboard surface. A paved lane which consists of a series of 
    uniform bumps with a height of 16 mm  5 mm (0.6 inches 
     0.2 inches) and spaced 100 mm  5 mm (4 inches 
     0.2 inches) from center to center, perpendicular to the 
    line of travel across the full width of the lane;
        (b) Surface with dips. A paved lane which consists of a series of 
    uniform mounds with a height of 76 mm  5 mm (3 inches 
     0.2 inches) and spaced 1650 mm  10 mm (65 
    inches  0.4 inches) from center to center.
        S20.4.5  Monitor the telltale light during the test to check 
    whether the air bag remains deactivated throughout the test, i.e., the 
    light must remain illuminated.
        S20.5  Rough road tests of automatic suppression feature, during 
    which the passenger air bag must be activated.
        S20.5.1  Place a Part 572 5th percentile adult female test dummy in 
    the right front passenger position of a vehicle, in accordance with 
    procedures specified in S16.3 of this standard.
        S20.5.2  Drive the vehicle at any speed up to 40 km/h (25 mph) for 
    any distance between 0.2 km (\1/8\ mile) and 0.4 km (\1/4\ mile) over 
    any of the road surfaces specified in S20.4.4.
        S20.5.3  Monitor the telltale light during the test to check 
    whether the air bag remains activated throughout the test, i.e., the 
    light must remain off.
        S20.6  Low risk deployment test.
        S20.6.1  Place the right front passenger vehicle seat in the full 
    forward seat track position, the highest seat position (if adjustment 
    is available), and any seat back angle.
        S20.6.2  Install the Part 572 12-month old CRABI dummy in any rear 
    facing child restraint in accordance with the manufacturer's 
    instructions provided with the seat pursuant to Standard No. 213.
        S20.6.3  Locate and mark the center point of the top of the rear 
    facing child restraint. This will be referred to as ``Point A''.
        S20.6.4  Install the rear facing child restraint in the right front 
    passenger seat of the vehicle in accordance, to the extent possible, 
    with the child restraint manufacturer's instructions provided with the 
    seat pursuant to Standard No. 213 and with the instructions in the 
    vehicle owner's manual.
        S20.6.5  Locate a point on the air bag cover that is the geometric 
    center of the air bag cover. This will be referred to as ``Point B''.
        S20.6.6  Translate the rear facing child restraint system (parallel 
    to the longitudinal axis of the vehicle) such that Point A on the child 
    restraint system is lined up with Point B on the air bag cover to form 
    a vertical plane parallel to the longitudinal axis of the vehicle.
        S20.6.7  Cinch the vehicle belts to any level to secure the rear 
    facing child restraint.
        S20.6.8  Deploy the right front passenger air bag system. If the 
    air bag contains a multistage inflator, any stage is fired.
        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, except that, at the option of the 
    manufacturer, the vehicle may instead meet the requirements specified 
    in S29.
        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 (using a 3-
    year-old child dummy) specified in S22.2, activation of the air bag 
    after each of the static tests (using a 5th percentile adult female 
    dummy) specified in S20.3, deactivation of the
    
    [[Page 49994]]
    
    air bag throughout the rough road tests (using a 3-year-old child 
    dummy) specified in S22.3, and activation of the air bag throughout the 
    rough road tests (using a 5th percentile adult female dummy) specified 
    in S20.5.
        S21.2.2  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.2.
        S21.3  Option 2--Automatic suppression feature that suppresses the 
    air bag when an occupant is out of position.
        S21.3.1  The vehicle shall be equipped with an automatic 
    suppression feature for the passenger air bag which meets the 
    requirements specified in S27.
        S21.3.2  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.2.
        S21.4  Option 3--Low risk deployment (Hybrid III 3-year-old child 
    dummy). 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 
    S22.4.
        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 throughout the 
    test.
        S21.5.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.004
    
    shall not exceed 900 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.
    
    [Proposed Alternative One--Chest includes requirements for chest 
    acceleration (proposed S21.5.3), chest deflection (proposed S21.5.4) 
    and Combined Thoracic Index (proposed S21.5.5; Proposed Alternative 
    Two--Chest includes requirements for chest acceleration and chest 
    deflection]
    
        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 50 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 42 millimeters (1.7 inches).
        S21.5.5  Combined Thoracic Index (CTI) shall not exceed 1.0. The 
    equation for calculating the CTI criterion is given by
    
    CTI = (Amax/Aint) + (Dmax/
    Dint)
    
    where Aint and Dint are intercept values defined 
    as Aint = 70 g's for spine acceleration intercept, and 
    Dint = 57 mm (2.2 in.) for sternal deflection intercept.
    
        Calculation of CTI requires measurement of upper spine triaxial 
    acceleration filtered at SAE class 180 and sternal deflection filtered 
    at SAE class 600. From the measured data, a 3-msec clip maximum value 
    of the resultant spine acceleration (Amax) and the maximum 
    chest deflection (Dmax) shall be determined.
        S21.5.6
    
    [Proposed Alternative One--Neck]
    
        The biomechanical neck injury predictor, Nij, shall not exceed a 
    value of [the agency is considering values of 1.4 and 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 = 2500 N (562 lbf) for tension
    Fzc = 2500 N (562 lbf) for compression
    Myc = 100 Nm (74 lbf-ft) for flexion about occipital condyles
    Myc = 30 Nm (22 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 [the agency is considering values 
    of 1.4 and 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.
    
    [Proposed Alternative Two--Neck]
    
        Neck injury criteria. Using the six axis upper neck load cell [a 
    drawing incorporated by reference in Part 572 would be identified in 
    the final rule] that is mounted between the bottom of the skull and the 
    top of the neck as shown in drawing [a drawing incorporated by 
    reference in Part 572 would be identified in the final rule], the peak 
    forces and moments measured at the occipital condyles shall not exceed:
    
    Axial Tension = 1270 N (286 lbf)
    Axial Compression = 1540 N (346 lbf)
    Fore-and-Aft Shear = 1200 N (270 lbf)
    Flexion Bending Moment = 46 Nm (34 lbf-ft)
    Extension Bending Moment = 14 Nm (10 lbf-ft)
    
    SAE Class 1000 shall be used to filter the axial tension, axial 
    compression, and fore-and-aft shear. SAE Class 600 shall be used to 
    filter the measured moment and fore-and-aft shear used to compute the 
    flexion bending moment and extension bending moment at the occipital 
    condyles.
        S22  Test procedure for S21.
        S22.1  General provisions.
        S22.1.1  Tests specifying the use of a forward-facing child seat or 
    booster seat are conducted using any such seat recommended for a child 
    weighing 34 pounds which was manufactured for sale in the United States 
    between two years and ten years prior to the date the model year 
    carline of which the vehicle is a part was (or will be) first offered 
    for sale to a consumer. The seat may be unused or used; if used, there 
    must not be any visible damage.
        S22.1.2  Tests are conducted with the engine operating.
        S22.2  Static tests of automatic suppression feature which must 
    result in deactivation of the passenger air bag.
        S22.2.1  Test one--child in a forward-facing child seat or booster 
    seat.
        S22.2.1.1  Install any 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 pursuant to Standard No. 213 and with the instructions in the 
    vehicle owner's manual.
    
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        S22.2.1.2  Position the Part 572 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. The lower arms are placed at the dummy's 
    side.
        S22.2.1.3  Attach all appropriate forward-facing child seat or 
    booster seat belts, if any, and tighten them as specified in S6.1.2 of 
    Standard No. 213.
        S22.2.1.4  Attach all appropriate vehicle belts and tighten them as 
    specified in S6.1.2 of Standard No. 213.
        S22.2.1.5  Place the right front passenger vehicle seat in any 
    position, i.e., any seat track location, any seat height, any seat back 
    angle.
        S22.2.1.6  Start the vehicle engine and then close all vehicle 
    doors.
        S22.2.1.7  Monitor telltale light to check whether the air bag is 
    deactivated.
        S22.2.2  Test two--unbelted child.
        S22.2.2.1  Place the right front passenger vehicle seat in any 
    position, i.e., any seat track location, any seat height, any seat back 
    panel.
        S22.2.2.2  Place the Part 572 Hybrid III 3-year old child dummy on 
    the right front passenger seat, or on the floor in front of the right 
    front passenger seat, as appropriate, in any of the following positions 
    (without using a forward-facing child seat 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) The upper torso of the dummy rests against the seat back. In 
    the case of vehicles equipped with bench seats, the midsagittal plane 
    of the dummy is vertical 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, the midsagittal plane of the dummy 
    is vertical and coincides with the longitudinal centerline of the 
    bucket seat. The dummy's femurs are against the seat cushion.
        (3) Allow the lower legs of the dummy to extend off the surface of 
    the seat. If positioning the dummy's lower legs is prevented by contact 
    with the instrument panel, rotate the lower leg toward the floor.
        (4) Position the dummy's upper arms down until they contact the 
    seat.
        (b) Sitting on seat with back not against seat:
        (1) Position the dummy in the seated position and place the dummy 
    in the right front passenger seat.
        (2) In the case of vehicles equipped with bench seats, the 
    midsagittal plane of the dummy is vertical 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, the 
    midsagittal plane of the dummy is vertical and coincides with the 
    longitudinal centerline of the bucket seat. 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) Lower the dummy's upper legs and dummy's femurs against the 
    seat cushion.
        (4) Allow the lower limbs of the dummy to extend off the surface of 
    the seat.
        (5) Rotate the dummy's lower arms until the dummy's hands come to 
    rest on the seat.
        (c) Sitting on seat edge with hands on the instrument panel (This 
    test is conducted with the seat in any seat track positions that permit 
    the dummy's hands to be placed on the instrument panel.):
        (1) 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 lower 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 lower 
    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 instrument 
    panel.
        (d) Sitting on seat edge, spine vertical, hands by the dummy's 
    side:
        (1) 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 lower 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 lower 
    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.
        (e) Sitting back in the seat and leaning on the right front 
    passenger door:
        (1) Position the dummy in the seated position and place the dummy 
    in the right front passenger seat.
        (2) 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 upper 
    legs resting on the seat cushion.
        (3) Allow the lower legs of the dummy to extend off the surface of 
    the seat. If positioning the dummy's lower legs is prevented by contact 
    with the instrument panel, rotate the lower leg toward the floor.
        (4) Position the dummy's upper arms against the seat back by 
    rotating the dummy's upper arms toward the seat back until they make 
    contact.
        (5) Rotate the dummy's lower arms down until they contact the seat.
        (6) Lean the dummy against the outboard door.
        (f) Standing on seat, facing forward:
        (1) Position the dummy in the standing position. The arms are at 
    any position.
        (2) Center 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.
        (g) Standing on seat, facing rearward:
        (1) Position the dummy in the standing position. The arms are at 
    any position.
        (2) Center the dummy on the right front passenger seat cushion 
    facing the rear of the vehicle while placing the toes of the dummy feet 
    in contact with the seat back.
        (3) Rest the dummy against the seat back.
        (h) Kneeling on seat, facing forward:
        (1) Place the dummy in a kneeling position by rotating the dummy's 
    lower legs 90 degrees behind the dummy (from the standing position).
        (2) Place 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 toes are in contact with the seat back. The arms are at any 
    position.
        (i) Kneeling on seat, facing rearward:
        (1) Place the dummy in a kneeling position by rotating the dummy's 
    lower legs 90 degrees behind the dummy (from the standing position).
    
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        (2) Place 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 are at any 
    position.
        (j) Standing on floor (This test is only conducted with the seat in 
    its rearmost track position.):
        (1) Position the dummy in the standing position.
        (2) Place the dummy standing on the floor in front of the right 
    front passenger seat, facing forward and with the dummy's midsaggital 
    plane parallel to the longitudinal plane through the centerline of the 
    vehicle and including the geometric center of the air bag cover, in any 
    position from the one where the dummy contacts the instrument panel 
    rearwards to the one where the dummy contacts the seat. The arms are at 
    any position.
        (k) Lying on seat (This test is only conducted with the seat in the 
    position specified.):
        (1) Lay the dummy on the right front passenger seat such that the 
    following criteria are met:
        (A) The mid-sagittal plane of the dummy is horizontal,
        (B) The dummy's spine is perpendicular to the vehicle longitudinal 
    axis,
        (C) Upper arms are parallel to dummy spine,
        (D) 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),
        (E) The anterior of the dummy is facing the vehicle front, and
        (F) Leg position is not set and can be articulated to fit above 
    conditions.
        (2) Adjustable seats are in the adjustment position midway between 
    the forwardmost and rearmost positions, and if separately adjustable in 
    a vertical direction, are at the lowest position. If an adjustment 
    position does not exist midway between the forwardmost and rearmost 
    positions, the closest adjustment position to the rear of the midpoint 
    is used.
        (3) Position the dummy so that the top of dummy head is within 10 
    mm of the vehicle side door structure.
        (4) Rotate upper legs toward chest of dummy and rotate lower legs 
    against the upper legs.
        (5) Place dummy upper left arm parallel with the vehicle transverse 
    plane and the lower arm 90 deg. to the upper arm. Rotate lower arm down 
    about the elbow joint until movement is obstructed. Final position 
    should resemble a fetal position.
        (l) Low risk deployment test position 1. The procedure for 
    determining this position is set forth in S22.4.2.
        (m) Low risk deployment test position 2. The procedure for 
    determining this position is set forth in S22.4.3.
        (n) 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'' to defined as the vertical plane which passes 
    through Point B and is parallel to the vehicle longitudinal axis.
        (5) Move the passenger seat to the full rearward seating position.
        (6) Place the dummy in the front passenger seat such that:
        (A) Point A is located in Plane 2.
        (B) A vertical plane through the shoulder joints of the dummy is at 
    90 deg. to the longitudinal axis of the vehicle.
        (C) The lower legs are positioned 90 deg. (right angle) from 
    horizontal.
        (D) The dummy is positioned forward in the seat such the lower legs 
    rest against the front of the seat and such that the dummy's upper 
    spine plate is 0 deg. forward (toward front of vehicle) of the vertical 
    position.
        (7) Rotate 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 head C.G. is in Plane 1, or spine angle 
    at the upper spine plate is 45 deg., whichever produces the greatest 
    rotation.
        (8) Move seat forward until contact with the forward structure of 
    the vehicle, or seat is full forward, whichever occurs first.
        (9) To keep 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 dummy.
        (o) Kneeling on the floor.
        (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''.
        (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) Determine the height of this point above the floorboard of the 
    vehicle. This height defines a horizontal plane that passes through 
    Point B. This will be referred to as ``Plane 1''.
        (4) A second plane, ``Plane 2'', to be defined as a vertical plane 
    which passes through Point B.
        (5) Move the passenger seat to the full rearward seating position.
        (6) Remove the dummy lower legs at the knee joint.
        (7) Center the dummy laterally so that Point A is coincident with 
    Plane 2 and the upper spine plate is in a vertical position.
        (8) With the use of spacers (wooden or foam blocks, etc.) position 
    the dummy in a seated position with the H-point located 165 mm 
     10 mm (6.5 inches  0.4 inches) above the floor 
    of the vehicle. Maintain the upper spine plate orientation.
        (9) Position the upper leg 90 deg. to the spine.
        (10) Move the dummy forward until contact is made with the forward 
    structure of the vehicle. If necessary, the upper torso can be tethered 
    with a thread with a maximum breaking strength of 311 N (70 pounds). 
    Care should be taken that any such tether is not situated anywhere 
    within the deployment envelope of the air bag.
        (11) Position the arms parallel to the spine/torso of the dummy.
        (p) Sitting on seat edge, head contacting the lower-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 longitudinal axis.
        (5) Move the passenger seat to the full rearward seating position.
        (6) Place the dummy in the front passenger seat such that:
        (A) Point A is located in Plane 2.
        (B) A vertical plane through the shoulder joints of the dummy is at 
    90 deg. to the longitudinal axis of the vehicle.
        (C) The lower legs are positioned 90 deg. (right angle) from 
    horizontal.
        (D) The dummy is positioned forward in the seat such that the lower 
    legs rest
    
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    against the front of the seat and such that the dummy's upper spine 
    plate is 0 degrees 2 degrees forward (toward front of 
    vehicle) of the vertical position.
        (7) Rotate 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 head C.G. is in Plane 1, or spine angle 
    at the upper spine plate is 75 degrees 2 degrees, whichever 
    produces the greatest rotation.
        (8) Move seat forward until contact with the forward structure of 
    the vehicle, or seat is full forward, whichever occurs first.
        (9) To keep 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 dummy.
        S22.2.2.3  Close all vehicle doors.
        S22.2.2.4  Monitor the telltale light to check whether the air bag 
    is deactivated, i.e., the light must be illuminated.
        S22.3  Rough road tests of automatic suppression feature, during 
    which the passenger air bag must be deactivated.
        S22.3.1  Following completion of any of the tests specified in 
    S22.2, and without changing the position of the vehicle seat or the 
    dummy, drive or move the vehicle at any speed up to 40 km/h (25 mph) 
    for any distance over any of the types of road surfaces specified in 
    S20.4.4. (The vehicle may be moved by any external source to protect 
    the driver from a dummy that could fall over.)
        S22.3.2  Monitor the telltale light during the test to check 
    whether the air bag remains deactivated throughout the test, i.e., the 
    light must remain illuminated.
        S22.4  Low risk deployment test (Hybrid III 3-year-old child 
    dummy).
        S22.4.1  Position the dummy according to any of the following 
    positions: Position 1 (S22.4.2) or Position 2 (S22.4.3).
        S22.4.2  Position 1.
        S22.4.2.1  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.''
        S22.4.2.2  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.''
        S22.4.2.3  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S22.4.2.4  Locate the vertical plane parallel to the vehicle 
    longitudinal axis and passing through Point B. This will be referred to 
    as ``Plane 2.''
        S22.4.2.5  Move the passenger seat to the full rearward track 
    seating position. Place the seat back in the nominal upright position 
    as specified by the vehicle manufacturer.
        S22.4.2.6  Place the dummy in the front passenger seat such that:
        S22.4.2.6.1  Point A is located in Plane 2.
        S22.4.2.6.2  A vertical plane through the dummy shoulder joints is 
    at 90 degrees to the longitudinal axis of the vehicle.
        S22.4.2.6.3  The lower legs are positioned 90 degrees to the upper 
    legs.
        S22.4.2.6.4  The dummy is positioned forward in the seat such that 
    the dummy's upper spine plate is 0 degrees  2 degrees 
    forward (toward front of vehicle) of the vertical position, and the 
    lower legs rest against the front of the seat.
        S22.4.2.7  Move the dummy forward until the upper torso or head of 
    the dummy makes contact with the forward structure of the vehicle.
        S22.4.2.8  Once contact is made, as outlined in paragraph 
    S22.4.2.7, the dummy is then raised 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.
        S22.4.2.9  Position the upper arm parallel to the spine and rotate 
    the lower arm forward (at the elbow joint) sufficiently to prevent 
    contact with or support from the seat.
        S22.4.2.10  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.
        S22.4.2.11  Support the dummy so that there is minimum interference 
    with the full rotational and translational freedom for the upper torso 
    of the dummy.
        S22.4.2.11.1  The stature of the 3 year old child dummy is such 
    that an upright standing posture is often possible. If additional 
    height is required, the dummy is raised with the use of spacers (foam 
    blocks, etc.) placed on the floor of the vehicle.
        S22.4.2.11.2  If necessary, the upper torso is tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds). Care 
    should be taken that any such tether is not situated in the air bag 
    deployment envelope.
        S22.4.2.12  In calculation of the injury criteria as specified in 
    paragraph S21.5, data are truncated prior to dummy interaction with 
    vehicle components after the dummy's head is clear of the air bag.
        S22.4.3  Position 2.
        S22.4.3.1  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.''
        S22.4.3.2  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.'' 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.''
        S22.4.3.3  Move the passenger seat to the full rearward seating 
    position.
        S22.4.3.4  Place the dummy in the front passenger seat such that:
        S22.4.3.4.1  Point A is located in Plane 2.
        S22.4.3.4.2  A vertical plane through the shoulder joints of the 
    dummy is at 90 degrees to the longitudinal axis of the vehicle.
        S22.4.3.4.3  The lower legs are positioned 90 degrees (right angle) 
    from horizontal.
        S22.4.3.4.4  The dummy is positioned forward in the seat such that 
    the lower legs rest against the front of the seat and such that the 
    dummy's upper spine plate is 0 degrees  2 degrees forward 
    (toward front of vehicle) of the vertical position. Note: For some 
    seats, it may not be possible to fully seat the dummy with the lower 
    legs in the prescribed position. In this situation, rotate the lower 
    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 
    0 degrees  2 degrees forward (toward the front of vehicle) 
    of the vertical position.
        S22.4.3.5  Move the seat forward, while maintaining the upper spine 
    plate orientation until some portion of the dummy contacts the forward 
    structure of the vehicle.
        S22.4.3.5.1  If contact has not been made with the forward 
    structure of the vehicle 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.
        S22.4.3.5.2  Once contact is made, rotate the dummy forward until 
    the head and/or upper torso are in contact with the instrument panel of 
    the vehicle. Rotation is achieved by applying a force towards the front 
    of the vehicle on the spine of the dummy between the shoulder joints.
        S22.4.3.5.3  The upper legs are rotated downward and the lower legs 
    and feet are rotated rearward (toward the rear of vehicle) so as not to 
    impede the rotation of the head/torso into the forward structures of 
    the vehicle.
    
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        S22.4.3.5.4  The legs are repositioned so that the feet rest flat 
    on (or parallel to) the floorboard with the ankle joint positioned as 
    nearly as possible to the midsaggital plane of the dummy.
        S22.4.3.5.5  If necessary, the upper torso is tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds) and/or 
    wedge under the dummy's pelvis. Care should be taken that any such 
    tether is not situated anywhere within the deployment envelope of the 
    air bag. Note: If contact with the dash cannot be made by sliding the 
    dummy forward in the seat, then place the dummy in the forward-most 
    position on the seat which will allow the head/upper torso to rest 
    against the instrument panel of the vehicle.
        S22.4.3.6  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.
        S22.4.3.7  In calculation of the injury criteria as specified in 
    paragraph S21.5, data are truncated prior to dummy interaction with 
    vehicle components after the dummy's head is clear of the air bag.
        S22.4.4  Deploy the right front passenger air bag system. If the 
    air bag contains a multistage inflator, any stage is fired that may 
    deploy in crashes below 32 km/h (20 mph) [the agency is also 
    considering a range of speeds above and below this value], under the 
    test procedure specified in S22.5.
        S22.4.5  Determine whether the injury criteria specified in S21.5 
    of this standard are met.
        S22.5  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(s) that fire in any of the following 
    tests are subject to the low risk deployment test requirement.
        S22.5.1  Rigid barrier test. Impact the vehicle traveling 
    longitudinally forward at any speed, up to and including 32 km/h (20 
    mph) [the agency is also considering a range of speeds above and below 
    this value], into a fixed collision barrier that is perpendicular to 
    the line of travel of the vehicle, or at any angle up to 30 degrees 
    from the perpendicular to the line of travel of the vehicle under the 
    applicable conditions of S8 of this standard.
        S22.5.2  Offset frontal deformable barrier test. Impact the vehicle 
    traveling longitudinally forward at any speed, up to and including 32 
    km/h (20 mph) [the agency is also considering a range of speeds above 
    and below this value], into a fixed offset deformable barrier under the 
    conditions specified in S18.2 of this standard.
        S22.5.3  Pole test. Impact the vehicle traveling longitudinally 
    forward at any speed, up to and including 32 km/h (20 mph) [the agency 
    is also considering a range of speeds above and below this value], into 
    a fixed cylindrical pole with a diameter of 255  15 mm (10 
     0.6 inches), under the applicable conditions of S8 of this 
    standard. The vehicle impact point is at any point on the front of the 
    vehicle that is within the middle 80 percent of the width of the 
    vehicle.
        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, except that, at the option of the 
    manufacturer, the vehicle may instead meet the requirements specified 
    in S27 or S29.
        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 as part of each of the static tests 
    specified in S24.2, activation of the air bag after each of the static 
    tests (using a 5th percentile adult female dummy) specified in S20.3, 
    deactivation of the air bag throughout the rough road tests (using a 6-
    year-old child dummy) specified in S24.3, and activation of the air bag 
    throughout the rough road tests (using a 5th percentile adult female 
    dummy) specified in S20.5.
        S23.2.2  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.2.
        S23.3  Option 2--Automatic suppression feature that suppresses the 
    air bag when an occupant is out of position.
        S23.3.1  The vehicle shall be equipped with an automatic 
    suppression feature for the passenger air bag which meets the 
    requirements specified in S27.
        S23.3.2  The vehicle shall be equipped with a telltale light on the 
    instrument panel meeting the requirements specified in S19.2.2.
        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 of this standard.
        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 throughout the 
    test.
        S23.5.2  The resultant acceleration at the center of gravity of the 
    head shall be such that the expression:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.005
    
    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.
    
    [Proposed Alternative One--Chest includes requirements for chest 
    acceleration (proposed S23.5.3), chest deflection (proposed S23.5.4) 
    and Combined Thoracic Index (proposed S23.5.5; Proposed Alternative 
    Two--Chest includes requirements for chest acceleration and chest 
    deflection]
    
        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 47 mm (1.9 inches).
        S23.5.5  Combined Thoracic Index (CTI) shall not exceed 1.0. The 
    equation for calculating the CTI criterion is given by
    
    CTI=(Amax/Aint) + (Dmax/
    Dint)
    
    where Aint and Dint are intercept values defined 
    as Aint = 85 g's for spine acceleration intercept, and 
    Dint = 63 mm (2.5 in.) for sternal deflection intercept.
    
        Calculation of CTI requires measurement of upper spine triaxial 
    acceleration filtered at SAE class 180 and sternal deflection filtered 
    at SAE class 600. From the measured data, a 3-msec clip maximum value 
    of the resultant spine acceleration (Amax) and the maximum 
    chest deflection (Dmax) shall be determined.
        S23.5.6
    
    [Proposed Alternative One--Neck]
    
        The biomechanical neck injury predictor, Nij, shall not exceed a 
    value of [the agency is considering values of 1.4 and 1.0] at any point 
    in time. The
    
    [[Page 49999]]
    
    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=2900 N (652 lbf) for tension
    Fzc=2900 N (652 lbf) for compression
    Myc=125 Nm (92 lbf-ft) for flexion about occipital condyles
    Myc=40 Nm (30 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 [the agency is considering values 
    of 1.4 and 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.
    
    [Proposed Alternative Two--Neck]
    
        Neck injury criteria. Using the six axis upper neck load cell [a 
    drawing incorporated by reference in Part 572 would be identified in 
    the final rule] that is mounted between the bottom of the skull and the 
    top of the neck as shown in drawing [a drawing incorporated by 
    reference in Part 572 would be identified in the final rule], the peak 
    forces and moments measured at the occipital condyles shall not exceed:
    
    Axial Tension = 1490 N (335 lbf)
    Axial Compression = 1800 N (405 lbf)
    Fore-and-Aft Shear = 1400 N (315 lbf)
    Flexion Bending Moment = 57 Nm ( 42 lbf-ft)
    Extension Bending Moment = 17 Nm (13 lbf-ft)
    
    SAE Class 1000 shall be used to filter the axial tension, axial 
    compression, and fore-and-aft shear. SAE Class 600 shall be used to 
    filter the measured moment and fore-and-aft shear used to compute the 
    flexion bending moment and extension bending moment at the occipital 
    condyles.
        S24  Test procedure for S23.
        S24.2  Static tests of automatic suppression feature which must 
    result in deactivation of the passenger air bag.
        S24.2.1  Except as provided in S24.2.2, all tests specified in S22 
    using the 3-year-old Hybrid III child dummy are conducted using the 6-
    year old Hybrid III child dummy. However, for tests specifying the use 
    of a forward-facing child seat or booster seat any such seat 
    recommended for a child weighing 52 pounds is used instead of a seat 
    recommended for a child weighing 34 pounds.
        S24.2.2  Exceptions.
        S24.2.2.1   The tests specified in the following paragraphs of S22 
    are not conducted using the 6-year-old Hybrid III child dummy: 
    S22.2.2.2(f), (g), (h), (i), (j), (k), (l) and (m).
        S24.2.2.2   The test specified in S22.2.2.2(o) is conducted using 
    the 6-year-old Hybrid III child dummy. However, in positioning the 6-
    year-old child dummy, the following procedures are used in place of 
    those specified in S22.2.2.2(o)(7) and (8):
        (1) Center the dummy laterally so that Point A is coincident with 
    Plane 2 and the upper spine plate is 6 degrees  2 degrees 
    forward of the vertical position.
        (2) With the use of spacers (wooden blocks, etc.) position the 
    dummy in a seated position with the H-point located 230 mm (9 inches) 
     15 mm (0.6 inches) above the floor of the vehicle. 
    Maintain the upper spine plate orientation.
        S24.3  Road tests of automatic suppression feature, during which 
    the passenger air bag must be deactivated. All tests specified in S22 
    using the 3-year-old Hybrid III child dummy are conducted using the 6-
    year old Hybrid III child dummy.
        S24.4  Low risk deployment test (Hybrid III 6-year old child 
    dummy).
        S24.4.1  Position the dummy according to any of the following 
    positions: Position 1 (S24.4.2) or Position 2 (S24.4.3).
        S24.4.2  Position 1.
        S24.4.2.1  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.''
        S24.4.2.2  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.''
        S24.4.2.3  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S24.4.2.4  Locate the vertical plane parallel to the vehicle 
    longitudinal axis and passing through Point B. This will be referred to 
    as ``Plane 2.''
        S24.4.2.5  Move the passenger seat to the full rearward track 
    seating position. Place the seat back in the nominal upright position 
    as specified by the vehicle manufacturer.
        S24.4.2.6  Place the dummy in the front passenger seat such that:
        S24.4.2.6.1  Point A is located in Plane 2.
        S24.4.2.6.2  A vertical plane through the dummy shoulder joints is 
    at 90 degrees to the longitudinal axis of the vehicle.
        S24.4.2.6.3  The lower legs are positioned 90 degrees  
    2 degrees to the upper legs.
        S24.4.2.6.4  The dummy is positioned forward in the seat such that 
    the dummy's upper spine plate is 6 degrees  2 degrees 
    forward (toward front of vehicle) of the vertical position, and the 
    lower legs rest against the front of the seat or the feet are resting 
    flat on the floorboard of the vehicle.
        S24.4.2.6.5  Mark this position, and remove the legs at the pelvic 
    interface.
        S24.4.2.7  Move the dummy forward until the upper torso or head of 
    the dummy makes contact with the forward structure of the vehicle.
        S24.4.2.8  Once contact is made, as outlined in paragraph 
    S24.4.2.7, the dummy is then raised 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 windshield is attained.
        S24.4.2.9  Position the upper arms parallel to the spine and rotate 
    the lower arm forward (at the elbow joint) sufficiently to prevent 
    contact with or support from the seat.
        S24.4.2.10  Support the dummy so that there is minimum interference 
    with the full rotational and translational freedom for the upper torso 
    of the dummy.
        S24.4.2.10.1  If necessary, the upper torso is tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds). Care 
    should be taken that any such tether is not situated in air bag 
    deployment envelope.
        S24.4.2.11  In calculation of the injury criteria as specified in 
    paragraph S23.5, data are truncated prior to dummy interaction with 
    vehicle components after the dummy's head is clear of the air bag.
        S24.4.3  Position 2.
        S24.4.3.1  Locate and mark the center point of the dummy's chest/
    rib plate
    
    [[Page 50000]]
    
    (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.''
        S24.4.3.2  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.'' 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.''
        S24.4.3.3  Move the passenger seat to the full rearward seating 
    position.
        S24.4.3.4  Place the dummy in the front passenger seat such that:
        S24.4.3.4.1  Point A is located in Plane 2.
        S24.4.3.4.2  A vertical plane through the shoulder joints of the 
    dummy is at 90 degrees to the longitudinal axis of the vehicle.
        S24.4.3.4.3  The lower legs are positioned 90 degrees (right angle) 
    from horizontal.
        S24.4.3.4.4  The dummy is positioned forward in the seat such that 
    the lower legs rest against the front of the seat and such that the 
    dummy's upper spine plate is 6 degrees  2 degrees forward 
    (toward front of vehicle) of the vertical position. Note: For some 
    seats, it may not be possible to fully seat the dummy with the lower 
    legs in the prescribed position. In this situation, rotate the lower 
    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  2 degrees forward (toward front of vehicle) of 
    the vertical position.
        S24.4.3.5  Move the seat forward, while maintaining the upper spine 
    plate orientation until some portion of the dummy contacts the forward 
    structure of the vehicle.
        S24.4.3.5.1  If contact has not been made with the forward 
    structure of the vehicle 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.
        S24.4.3.5.2  Once contact is made, rotate the dummy forward until 
    the head and/or upper torso are in contact with the dashboard of the 
    vehicle. Rotation is achieved by applying a force towards the front of 
    the vehicle on the spine of the dummy between the shoulder joints.
        S24.4.3.5.3  The lower legs and feet are rotated rearward (toward 
    rear of vehicle) so as not to impede the rotation of the head/torso 
    into the forward structures of the vehicle.
        S24.4.3.5.4  The legs are repositioned so that the feet rest flat 
    on (or parallel to) the floorboard with the ankle joint positioned as 
    nearly as possible to the midsaggital plane of the dummy.
        S24.4.3.5.5  If necessary, the upper torso is tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds) and/or 
    wedge under the dummy's pelvis. Care should be taken that any such 
    tether is not situated anywhere within the deployment envelope of the 
    air bag. Note: If contact with the dash cannot be made by sliding the 
    dummy forward in the seat, then place the dummy in the forward-most 
    position on the seat which will allow the head/upper torso to rest 
    against the dashboard of the vehicle.
        S24.4.3.6  Position the upper arms parallel to the torso and rotate 
    the lower arm forward sufficiently to prevent contact with or support 
    from the seat.
        S24.4.3.7  In calculation of the injury criteria as specified in 
    paragraph S23.5 of this standard, data are truncated prior to dummy 
    interaction with vehicle components after the dummy's head is clear of 
    the air bag.
        S24.4.4  Deploy the right front passenger air bag system. If the 
    air bag contains a multistage inflator, any stage is fired that may 
    deploy in crashes below 32 km/h (20 mph) [the agency is also 
    considering a range of speeds above and below this value], under the 
    test procedure specified in S22.5 of this standard.
        S24.4.5  Determine whether the injury criteria specified in S23.5 
    of this standard are met.
        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, under 
    the test procedures specified in S26 of this standard, except that, at 
    the option of the manufacturer, the vehicle may instead meet the 
    requirements specified in S29 of this standard.
        S25.2  Option 1--Automatic suppression feature. Each vehicle shall 
    meet the requirements specified in S25.2.1 through S25.2.3.
        S25.2.1  The vehicle shall be equipped with an automatic 
    suppression feature for the driver air bag which results in 
    deactivation of the air bag after each of the static tests (using a 5th 
    percentile adult female dummy) specified in S26.2 and activation of the 
    air bag after each of the static tests specified in S26.3 of this 
    standard.
        S25.2.2  The vehicle shall be equipped with an automatic 
    suppression feature for the driver air bag which meets the requirements 
    specified in S27 of this standard.
        S25.2.3  The vehicle shall be equipped with a telltale light on the 
    instrument panel which is illuminated whenever the driver air bag is 
    deactivated and not illuminated whenever the driver air bag is 
    activated. The telltale:
        (a) Shall be clearly visible from all front seating positions;
        (b) Shall be yellow;
        (c) Shall have the identifying words ``DRIVER AIR BAG OFF'' on the 
    telltale or within 25 mm (1 inch) of the telltale; and
        (d) Shall not be combined with the readiness indicator required by 
    S4.5.2 of this standard.
        S25.3  Option 2--Low risk deployment. Each vehicle shall meet the 
    injury criteria specified in S15.3 of this standard when the passenger 
    air bag is statically deployed in accordance with the procedures 
    specified in S26 of this standard.
        S26  Test procedure for S25 of this standard.
        S26.1  General provisions. Tests are conducted with the engine 
    operating.
        S26.2  Static tests of automatic suppression feature which must 
    result in deactivation of the driver air bag.
        S26.2.1  Place the 5th percentile adult female dummy in the driver 
    seating position. Position the dummy, the seat, and the steering wheel 
    according to any of the following specifications:
        (a) The specifications set forth in S26.4 for Driver Position 1;
        (b) The specifications set forth in S26.4 for Driver Position 2.
        S26.2.2  Close all vehicle doors.
        S26.2.3  Monitor telltale light to check whether the air bag is 
    deactivated, i.e., the light must be illuminated.
        S26.3  Static tests of automatic suppression feature which must 
    result in activation of the driver air bag.
        S26.3.1  Test one--5th percentile adult female dummy.
        S26.3.1.1  Place the driver seat in any position, i.e., any seat 
    track location, any seat height, any seat back angle.
        S26.3.1.2  Place a Part 572 5th percentile adult female test dummy 
    at the driver seating position of a vehicle in any of the following 
    positions (if the dummy's hands cannot reach the steering wheel for a 
    particular seat location, the arms and hands are positioned alongside 
    the side of dummy):
        (a) In accordance with procedures specified in S16.3 of this 
    standard, to the extent possible with the seat position that has been 
    selected;
        (b) In the same position as specified in S26.3.1.2(a) of this 
    standard, except that the right arm is gripped to the steering wheel at 
    any position;
    
    [[Page 50001]]
    
        (c) In the same position as specified in S26.3.1.2(a) of this 
    standard, except that the left arm is gripped to the steering wheel at 
    any position;
        (d) In the same position as specified in S26.3.1.2(a) of this 
    standard, except that the right and left arms are gripped to the 
    steering wheel at any position.
        S26.3.1.3  Close all vehicle doors.
        S26.3.1.4  Monitor the telltale light to check whether the air bag 
    is activated, i.e., the light must be off.
        S26.3.2  Test two--50th percentile adult male dummy.
        S26.3.2.1  Place the driver seat in any position, i.e., any seat 
    track location, any seat height, any seat back angle.
        S26.3.2.2  Place a Part 572 Hybrid III 50th percentile adult male 
    test dummy at the driver seating position of a vehicle in any of the 
    following positions (if the dummy's hands cannot reach the steering 
    wheel for a particular seat location, the arms and hands are positioned 
    alongside the side of dummy):
        (a) In accordance with procedures specified in S10 of this 
    standard, to the extent possible with the seat position that has been 
    selected;
        (b) In the same position as specified in S26.3.2.2(a) of this 
    standard, except that the right arm is gripped to the steering wheel at 
    any position;
        (c) In the same position as specified in S26.3.2.2(a) of this 
    standard, except that the left arm is gripped to the steering wheel at 
    any position;
        (d) In the same position as specified in S26.3.2.2(a) of this 
    standard, except that the right and left arms are gripped to the 
    steering wheel at any position.
        S26.3.2.3  Close all vehicle doors.
        S26.3.2.4  Monitor the telltale light to check whether the air bag 
    is activated, i.e., the light must be off.
        S26.4  Low risk deployment test.
        S26.4.1  Position the dummy according to any of the following 
    positions: Driver position 1 (S26.4.2) or Driver position 2 (S26.4.3).
        S26.4.2  Driver position 1.
        26.4.2.1  Adjust 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.
        S26.4.2.2  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.''
        S26.4.2.3  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.''
        S26.4.2.4  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S26.4.2.5  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.''
        S26.4.2.6  Place the dummy in the front driver seat so that:
        (a) Point A is located in Plane 2.
        (b) Seat position is adjusted during placement to obtain the 
    correct dummy orientation.
        S26.4.2.7  The dummy is rotated forward until the dummy's upper 
    spine plate angle is 6 degrees  2 degrees forward (toward 
    the front of the vehicle) of the steering wheel angle.
        S26.4.2.8  The height of the dummy is then adjusted so that the 
    bottom of the chin is in the same horizontal plane as the top of the 
    module cover (dummy height can be adjusted using the seat position and/
    or spacer blocks). If seat height prevents the bottom of chin from 
    being in the same horizontal plane as the module cover, the dummy 
    height is adjusted as close to the prescribed position as possible.
        S26.4.2.9  Move dummy forward maintaining upper spine plate angle 
    and dummy height until head or torso contact the steering wheel.
        S26.4.2.10  If necessary, a thread with a maximum breaking strength 
    of 311 N (70 pounds) is used to hold the dummy against the steering 
    wheel. The thread is positioned so as to eliminate or minimize any 
    contact with the deploying air bag.
        S26.4.2.11  In calculation of the injury criteria as specified in 
    paragraph S15.3, data are truncated prior to dummy interaction with 
    vehicle components after the dummy's head is clear of the air bag.
        S26.4.3  Driver Position 2.
        S26.4.3.1  The driver's seat track is not specified and may be 
    positioned to best facilitate the positioning of the dummy.
        S26.4.3.2  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.''
        S26.4.3.3  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.''
        S26.4.3.4  Locate the horizontal plane that passes through Point B. 
    This will be referred to as ``Plane 1.''
        S26.4.3.5  Locate the vertical plane perpendicular to Plane 1 which 
    passes through Point B. This will be referred to as ``Plane 2.''
        S26.4.3.6  Place the dummy in the front driver seat so that:
        (a) Point A is located in Plane 2.
        (b) Seat position is adjusted during placement to obtain the 
    correct dummy orientation.
        S26.4.3.7  The dummy is rotated forward until the dummy's upper 
    spine plate is 6 degrees  2 degrees forward (toward the 
    front of the vehicle) of the steering wheel angle.
        S26.4.3.8  The dummy is positioned so that the center of the chin 
    is in contact with the uppermost portion of the rim of the steering 
    wheel. The chin is not hooked over the top of the rim of the steering 
    wheel. It is positioned to rest on the upper edge of the rim, without 
    loading the neck. If the dummy head interferes with the vehicle upper 
    interior before the prescribed position can be obtained, the dummy 
    height is adjusted as close to the prescribed position as possible, 
    while maintaining a 10  2 mm clearance with the vehicle 
    upper interior.
        S26.4.3.9  To raise the height of the dummy to attain the required 
    positioning, spacer blocks (foam, etc.) are 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. The thread is positioned so as to eliminate or minimize 
    any contact with the deploying air bag.
        S26.4.3.10  In calculation of the injury criteria as specified in 
    paragraph S15.3 of this standard, data are truncated prior to dummy 
    interaction with vehicle components after the dummy's head is clear of 
    the air bag.
        S26.4.4  Deploy the driver air bag. If the air bag contains a 
    multistage inflator, any stage is fired that may deploy in crashes 
    below 32 km/h (20 mph) [the agency is also considering a range of 
    speeds above and below this value], under the test procedure specified 
    in S22.5 of this standard.
        S26.4.5  Determine whether the injury criteria specified in S15.3 
    of this standard are met.
        S27  Option for automatic suppression feature that suppresses the 
    air bag when an occupant is out-of-position.
        S27.1  Each vehicle shall, at each front outboard designated 
    seating position, when tested under the conditions of S28 of this 
    standard, comply with the requirements specified in S27.2.1(a) and 
    S27.2.2(a) of this standard at the target locations specified in S28.3 
    of this standard when tested using the out of position occupant 
    simulator described in S28.2 of this standard at any speed up to and
    
    [[Page 50002]]
    
    including 11 km/h (7 mph). Each vehicle shall, in addition, meet the 
    requirements specified in S27.1.1(b) and S27.2.2(b) of this standard 
    using the specified test dummies. If a manufacturer selects this 
    option, it shall select the passenger side automatic suppression plane 
    (S28.7.1 of this standard) and the driver side automatic suppression 
    plane (S28.7.2 of this standard) by the time of certification of the 
    vehicle and may not thereafter select different planes.
        S27.2  Performance Criterion.
        S27.2.1  Passenger Side.
        (a) The air bag disabling device shall deactivate the passenger 
    side air bag and illuminate a telltale within 10 ms after any portion 
    of the out of position occupant simulator passes through the vertical 
    plane specified in S28.7.1 of this standard.
        (b) The injury criteria specified in S21.5 of this standard shall 
    be met when the passenger side air bag is deployed toward the Hybrid 
    III 3-year-old child dummy when that test device is located in any 
    position where all portions of the head, neck and torso of the dummy 
    are tangent to or behind the air bag suppression plane. If the air bag 
    contains a multistage inflator, any stage is fired.
        S27.2.2  Driver Side.
        (a) The air bag disabling device shall deactivate the driver side 
    air bag and illuminate a telltale within 10 ms after any portion of the 
    out of position occupant simulator passes through the plane specified 
    in S28.7.2 of this standard.
        (b) The injury criteria specified in S15.3 of this standard shall 
    be met when the driver side air bag is deployed toward the Hybrid III 
    5th percentile adult female dummy when that test device is located in 
    any position where all portions of the head, neck and torso of the 
    dummy are tangent to or behind the air bag suppression plane. If the 
    air bag contains a multistage inflator, any stage is fired.
        S28  Test procedure for S27 of this standard.
        S28.1  Target location and test conditions. The vehicle shall be 
    tested and the target areas specified in S28.3 of this standard located 
    under the following conditions.
        S28.1.1  Vehicle test attitude.
        (a) The vehicle is supported off its suspension at an attitude 
    determined in accordance with S28.1.1(b).
        (b) Directly above each wheel opening, determine the vertical 
    distance between a level surface and a standard reference point on the 
    test vehicle's body under the conditions of S28.1.1(b)(1) through 
    S28.1.1(b)(2).
        (1) The vehicle is loaded to its unloaded vehicle weight.
        (2) All tires are inflated to the manufacturer's specifications 
    listed on the vehicle's tire placard.
        S28.1.2  Windows and Sunroofs.
        (a) Movable vehicle windows, including sunroofs, are placed in the 
    fully open position.
        (b) Any window rearward of the B-pillar and any window on the 
    opposite side of the longitudinal centerline of the vehicle from the 
    target area may be removed.
        S28.1.3  Convertible tops. The top, if any, of convertibles and 
    open-body type vehicles is in the closed passenger compartment 
    configuration.
        S28.1.4  Doors.
        (a) The front side door on the same side of the longitudinal 
    centerline of the vehicle as the target area is fully closed and 
    latched but not locked.
        (b) The front side door on the opposite side of the longitudinal 
    centerline of the vehicle from the target area, and any door rearward 
    of the B-pillar, including rear hatchbacks or tailgates, may be open or 
    removed.
        S28.1.5  Steering wheel and seats.
        (a) The steering wheel may be placed in any position intended for 
    use while the vehicle is in motion.
        (b) The seats may be removed from the vehicle unless removal will 
    impair operation of the air bag disabling system.
        S28.2  Out-of-Position Occupant Simulator. The out of position 
    occupant simulator used for testing is a hemisphere, with a diameter of 
    165 mm (6.5 inches)  5 mm (0.2 inch).
        S28.3  Occupant Simulator Aiming Zone. The occupant simulator 
    aiming zone is determined according to the following procedure. (See 
    Figures 8 and 9.)
        S28.3.1  Passenger Side.
        (a) Locate the geometric center of the passenger side air bag 
    cover. Identify this point as Point P.
        (b) Locate the line that connects Point P and CG-F (for the front 
    outboard passenger position) as described in S28.4(a). Identify this 
    line as Line P.
        (c) Locate a circle with a diameter of 500 mm  5 mm (20 
    inches  0.2 inch) centered on Line P on the plane described 
    in S28.7.1 of this standard. Identify this circle as Circle T.
        (d) Locate a transverse horizontal plane (Plane 1) 100 mm 
     5 mm (4 inches  0.2 inch) below the transverse 
    horizontal plane tangent to the lower edge of the air bag cover.
        (e) The area of the vehicle to be targeted by the out of position 
    occupant simulator is that area of Circle T within the vehicle above 
    the intersection of Plane 1 and the plane described in S28.7.1 of this 
    standard.
        S28.3.2  Driver Side.
        (a) Locate the geometric center of the driver side air bag cover. 
    Identify this point as Point D.
        (b) Locate the line that connects Point D and CG-F (for the driver 
    position) as described in S28.4(a) of this standard. Identify this line 
    as Line D.
        (c) Locate a circle with a diameter of 500 mm  5 mm (20 
    inches  0.2 inch) centered on Line D on the plane described 
    in S28.7.2 of this standard. Identify this circle as Circle U.
        (d) Locate a transverse horizontal plane (Plane 2) tangent to the 
    lower edge of the air bag cover.
        (e) The area of the vehicle to be targeted by the out of position 
    occupant simulator is that area of Circle U within the vehicle above 
    the intersection of Plane 2 and the plane described in S28.7.2 of this 
    standard.
        S28.4  Location of head center of gravity for front outboard 
    designated seating positions (CG-F). For determination of head center 
    of gravity, all directions are in reference to the seat orientation.
        (a) Location of CG-F. For front outboard designated seating 
    positions, the head center of gravity with the seat in its rearmost 
    adjustment position (CG-F2) is located 160 mm  5 mm (6.3 
    inches  0.2 inch) rearward and 660 mm  15 mm 
    (26 inches  0.6 inch) upward from the seating reference 
    point.
        S28.5  Test configuration.
        (a) Passenger Side. The out of position occupant simulator is 
    guided along a velocity vector originating at any point within the 
    vehicle to any point within the target area specified in S28.3.1(e) of 
    this standard, and passing through the plane described in S28.7.1 of 
    this standard.
        (b) Driver Side. The out of position occupant simulator is guided 
    along a velocity vector originating at any point within the vehicle to 
    any point within the target area specified in S28.3.2(e) of this 
    standard, and passing through the plane described in S28.7.2 of this 
    standard.
        S28.6  Multiple tests.
        A vehicle being tested may be tested multiple times.
        S28.7  Automatic suppression plane.
        S28.7.1  Passenger Side. The automatic suppression plane of a 
    vehicle is the transverse vertical plane passing through the rearmost 
    point at which the Hybrid III three year old child dummy test device 
    may approach the passenger side air bag when it deploys while meeting 
    the injury criteria specified in S21.5 of this standard. If the
    
    [[Page 50003]]
    
    air bag contains a multistage inflator, any stage is fired.
        S28.7.2  Driver Side. The automatic suppression plane of a vehicle 
    is located as follows:
        (a) Locate the plane A tangent to the rear face of the steering 
    wheel rim.
        (b) Locate the plane B parallel to plane A and passing through the 
    geometric center of the air bag cover.
        (c) The automatic suppression plane is a plane parallel to plane B 
    and passing through the point nearest to plane B where any portion of a 
    5th percentile adult female dummy may be located in the event of air 
    bag deployment and meet the injury criteria specified in S15.3 of this 
    standard. If the air bag contains a multistage inflator, any stage is 
    fired.
        S29  Dynamic out-of-position test option. At the option of the 
    vehicle manufacturer, a pre-impact deceleration test as specified in 
    S30, may be used in place of the tests specified in S21, S23, and S25 
    of this section. Each vehicle shall, at each front outboard designated 
    seating position, meet the injury criteria specified in S15.3, S21.5, 
    and S23.5, and the vehicle integrity criteria specified in S14.3, in 
    accordance with the test procedures specified in S30 of this standard.
        S30  Test procedure for pre-crash deceleration impact test.
        S30.1  General Provisions. The vehicle is impacted into a rigid 
    barrier, perpendicular to the barrier face as follows. Place a Part 572 
    5th percentile adult female test dummy at the driver seating position 
    and any of the following test dummies at the right front designated 
    seating position: a Hybrid III 3-year-old child dummy or a Hybrid III 
    6-year old child dummy. The manual safety belts are not to be fastened 
    in any position. Accelerate the vehicle to a velocity of 32 km/h (20 
    mph) [the agency is also considering a range of speeds above and below 
    this value] and then decelerate the vehicle such that the vehicle 
    achieves a barrier impact speed of 24 km  2 km (15 mph 
     1 mph) [the agency is also considering a range of speeds 
    above and below this value] at impact. The deceleration is initiated 
    2.1 meters  200 mm (7 ft  0.66 ft) from the 
    impact barrier.
        S30.2  Test Conditions.
        S30.2.1  Pre-crash Deceleration Impact Conditions. Impact a vehicle 
    traveling longitudinally and decelerating to a speed of 24 km/h 
     2 km/h (15 mph  1 mph) [the agency is also 
    considering a range of values above and below this value], into a fixed 
    collision barrier that is perpendicular to the line of travel of the 
    vehicle.
        S30.2.2  Loading. The vehicle, including the test devices and 
    instrumentation, is loaded as specified in S16.2 of this standard.
        S30.2.3  Dummy Seating and positioning. The 5th percentile adult 
    female dummy is seated and positioned as specified in S16.3 of this 
    standard, except that prior to seating the dummy, two pieces of low 
    friction material, i.e., a silk or acetate cloth material having a 75 
    denier warp and a 150 denier filling, and a 225 count with a 68 pick, 
    having linear dimensions no less than 60 cm (23.6 inches) by 60 cm 
    (23.6 inches), are placed on the seat. If the Hybrid III 3-year-old 
    child dummy is used at the right front designated seating position, it 
    is seated and positioned as specified in S30.2.3.1 of this standard. If 
    the Hybrid III 6-year-old child dummy is used at the right front 
    designated seating position, it is seated and positioned as specified 
    in S30.2.3.2 of this standard.
        S30.2.3.1  Seating procedure for Hybrid III 3-year-old child dummy.
        S30.2.3.1.1  The passenger side automatic suppression plane of a 
    vehicle is that specified in S28.7.1.
        S30.2.3.1.2  Place two pieces of low friction material, i.e., a 
    silk or acetate cloth material having a 75 denier warp and a 150 denier 
    filling, and a 225 count with a 68 pick, having linear dimensions no 
    less than 60 cm (23.6 inches) by 60 cm (23.6 inches), on the seat.
        S30.2.3.1.3  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''.
        S30.2.3.1.4  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''. 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''.
        S30.2.3.1.5  Move the passenger seat to the full rearward seating 
    position.
        S30.2.3.1.6  Place the Hybrid III 3-year-old child dummy in the 
    front passenger seat, on the low friction fabric sheets, such that:
        (a) Point A is to be located in Plane 2.
        (b) A vertical plane through the shoulder joints of the dummy shall 
    be at 90 degrees to the longitudinal axis of the vehicle.
        (c) The lower legs are positioned 90 degrees  2 degrees 
    (right angle) from horizontal.
        (d) The dummy is positioned forward in the seat such the lower legs 
    rest against the front of the seat and such that the dummy's upper 
    spine plate is 0 degrees  2 degrees forward (toward front 
    of vehicle) of the vertical position. Note: For some seats, it may not 
    be possible to fully seat the dummy with the lower legs in the 
    prescribed position. In this situation, rotate the lower 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 0 degrees 
     2 degrees forward (toward front of vehicle) of the 
    vertical position.
        S30.2.3.1.7  Move the seat forward, while maintaining the upper 
    spine plate orientation until the seat is in the full forward seating 
    position or any part of the head or torso of the dummy intersects a 
    plane parallel to the Automatic Suppression Plane, located 300 mm 
     15 mm (12 inches  0.6 inch) rearward of the 
    Automatic Suppression Plane, whichever occurs first.
        S30.2.3.1.8  The legs should be repositioned so that the feet rest 
    flat on (or parallel to) the floorboard with the ankle joint positioned 
    as nearly as possible to the medial plane of the dummy.
        S30.2.3.1.9  If necessary, the upper torso can be tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds) and/or 
    wedge under dummy's pelvis. Care should be taken that any such tether 
    is not situated anywhere within the deployment envelope of the air bag.
        S30.2.3.1.10  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.
        S30.2.3.1.11  Sufficient slack should be maintained in the 
    instrumentation wiring harness so that the dummy motion is not 
    restricted by the harness.
        S30.2.3.2  Seating procedure for Hybrid III 6-year-old child dummy.
        S30.2.3.2.1  The passenger side automatic suppression plane of a 
    vehicle is that specified in S28.7.1.
        S30.2.3.2.2  Place two pieces of low friction material, i.e., a 
    silk or acetate cloth material having a 75 denier warp and a 150 denier 
    filling, and a 225 count with a 68 pick, having linear dimensions no 
    less than 60 cm (23.6 inches) by 60 cm (23.6 inches), on the seat.
        S30.2.3.2.3  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''.
        S30.2.3.2.4  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
    
    [[Page 50004]]
    
    B''. 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''.
        S30.2.3.2.5  Move the passenger seat to the full rearward seating 
    position.
        S30.2.3.2.6  Place the dummy in the front passenger seat, on the 
    low friction fabric sheets, such that:
        (a) Point A is to be located in Plane 2.
        (b) A vertical plane through the shoulder joints of the dummy shall 
    be at 90 degrees  2 degrees to the longitudinal axis of the 
    vehicle.
        (c) The lower legs are positioned 90 degrees  2 degrees 
    (right angle) from horizontal.
        (d) The dummy is positioned forward in the seat such the lower legs 
    rest against the front of the seat and such that the dummy's upper 
    spine plate is 6 degrees  2 degrees forward (toward front 
    of vehicle) of the vertical position. Note: For some seats, it may not 
    be possible to fully seat the dummy with the lower legs in the 
    prescribed position. In this situation, rotate the lower 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 
     2 degrees forward (toward front of vehicle) of the 
    vertical position.
        S30.2.3.2.7  Move the seat forward, while maintaining the upper 
    spine plate orientation until the seat is in the full forward seating 
    position or any part of the head or torso of the dummy intersects a 
    plane parallel to the Automatic Suppression Plane, located 300 mm 
     15 mm (12 inches  0.6 inch) rearward of the 
    Automatic Suppression Plane, whichever occurs first.
        S30.2.3.2.8  The legs should be repositioned so that the feet rest 
    flat on (or parallel to) the floorboard with the ankle joint positioned 
    as nearly as possible to the midsagittal plane of the dummy.
        S30.2.3.2.9  If necessary, the upper torso can be tethered with a 
    thread with a maximum breaking strength of 311 N (70 pounds) and/or 
    wedge under dummy's pelvis. Care should be taken that any such tether 
    is not situated anywhere within the deployment envelope of the air bag.
        S30.2.3.2.10  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.
        S30.2.3.2.11  Sufficient slack should be maintained in the 
    instrumentation wiring harness so that the dummy motion is not 
    restricted by the harness.
        S30.2.4  Impact configuration. The vehicle is accelerated to a 
    speed of 32 km/h  2 km/h (20 mph  1.3 mph) [the 
    agency is also considering a range of values above and below this 
    value]. Pre-crash deceleration is initiated such that the vehicle 
    impacts the barrier perpendicular to the barrier face at a velocity of 
    24 km/h  2 km/h (15 mph,  1 mph) [the agency is 
    also considering a range of values above and below this value]. The 
    deceleration is initiated 2.1 meters  200 mm (7 ft 
     0.66 ft) [the agency is also considering a range of values 
    above and below this value] from the impact barrier. Vehicle 
    deceleration is 0.8  0.3 g's [the agency is also 
    considering a range of values above and below this value] prior to 
    barrier contact.
        3. Figures 8 and 9 would be added immediately following Figure 7 to 
    read as follows:
    
    BILLING CODE 4910-59-P
    
    [[Page 50005]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.006
    
    
    
    [[Page 50006]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.007
    
    
    BILLING CODE 4910-59-C
    
    [[Page 50007]]
    
        4. 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  Response to inquiries.
    585.6  Reporting requirements.
    585.7  Records.
    585.8  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.
    
        This purpose of these reporting requirements is to aid the National 
    Highway Traffic Safety Administration in determining whether a 
    manufacturer 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 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 
    section 571.3 of this chapter.
        (c) Production year means the 12-month period between September 1 
    of one year and August 31 of the following year, inclusive.
    
    
    Sec. 585.5  Response to inquiries.
    
        During the production years ending August 31, 2003, August 31, 
    2004, and August 31, 2005, each manufacturer shall, upon request from 
    the Office of Vehicle Safety Compliance, provide information regarding 
    which vehicle make/models are certified as complying with the 
    requirements of S14 of Standard No. 208.
    
    
    Sec. 585.6  Reporting requirements.
    
        (a) Phase-in selection reporting requirement. Within 60 days after 
    the end of the production year ending August 31, 2003, each 
    manufacturer choosing to comply with one of the phase-in schedules 
    permitted by S14.1 of 49 CFR Sec. 571.208 shall submit a report to the 
    National Highway Traffic Safety Administration stating which phase-in 
    schedule it will comply with until September 1, 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 paragraph for the phase-in schedule selected;
        (4) Be written in the English language; and
        (5) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW, Washington, DC 20590.
        (b) General 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 year. 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) 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;
        (5) Provide the information specified in Sec. 585.6(c);
        (6) Be written in the English language; and
        (7) Be submitted to: Administrator, National Highway Traffic Safety 
    Administration, 400 Seventh Street, SW, Washington, DC 20590.
        (c) Report content--(1) Basis for phase-in production goals. Each 
    manufacturer shall provide the number 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 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 (8500 pounds) 
    or less and an unloaded vehicle weight of 2,495 kg (5500 pounds) or 
    less for sale in the United States must report the number of such 
    vehicles manufactured during the current production year. However, 
    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 (8500 pounds) or less and an unloaded vehicle weight of 2,495 kg 
    (5500 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.
    
    
    Sec. 585.7  Records.
    
        Each manufacturer shall maintain records of the Vehicle 
    Identification Number for each passenger car, multipurpose passenger 
    vehicle, truck
    
    [[Page 50008]]
    
    and bus for which information is reported under Sec. 585.6(c)(2) until 
    December 31, 2006.
    
    
    Sec. 585.8  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. 585.6(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 587--DEFORMABLE BARRIERS
    
        5. The authority citation for part 587 would be revised to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        6. The heading of part 587 would be revised to read as set forth 
    above.
        7. The heading ``Subpart A--General'' would be inserted immediately 
    before section 587.1.
        8. Section 587.1 would be revised to read as follows:
    
    
    Sec. 587.1  Scope.
    
        This part describes deformable impact barriers that are to be used 
    for testing compliance of motor vehicles with motor vehicle safety 
    standards.
        9. Section 587.3 would be revised to read as follows:
    
    
    Sec. 587.3  Application.
    
        This part does not in itself impose duties or liabilities on any 
    person. It is a description of tools that measure the performance of 
    occupant protection systems required by the safety standards that 
    incorporated it. It is designed to be referenced by, and become part 
    of, the test procedures specified in motor vehicle safety standards 
    such as Standard No. 208, Occupant Crash Protection, and Standard No. 
    214, Side Impact Protection.
    
    Subpart B--[Amended]
    
        10. The heading ``Subpart B--Side Impact Moving Deformable 
    Barrier'' would be inserted immediately after the end of section 587.3.
    
    
    Secs. 587.7 through 587.10  [Reserved]
    
        11. Sections 587.7 through 587.10 would be reserved.
    
    Subpart C--[Amended]
    
        12. The heading ``Subpart C--Offset Deformable Barrier'' would be 
    inserted immediately after the end of section 587.10.
    
    
    Sec. 587.11  [Reserved]
    
        13. Section 587.11 would be reserved.
        14. Sections 587.12 through 587.17 would be added to read as 
    follows:
    
    
    Sec. 587.12  General description.
    
        The fixed offset deformable barrier is comprised of two elements: A 
    fixed collision barrier and a deformable face (Figure 1). The base unit 
    is a fixed barrier and must be adequate to not deflect or displace 
    during the vehicle impact. The deformable face is 200 mm (7.8 inches) 
     15 mm (0.6 inch) off the ground, and consists of two 
    separate layers of aluminum honeycomb and an aluminum covering.
    
    
    Sec. 587.13  Component And Material Specifications.
    
        The dimensions of the barrier are illustrated in Figure 1 of this 
    part. The dimensions of the individual components of the barrier are 
    listed separately below. All dimensions allow a tolerance of 
     2.5 mm (0.1 inch) unless otherwise specified.
        (a) Main honeycomb block.
        (1) Dimensions. The main section of the deformable face of the 
    fixed barrier has the following dimensions. The height is 650 mm (25.6 
    inches) (in direction of honeycomb ribbon axis), the width is 1,000 mm 
    (39.4 inches), and the depth is 450 mm (17.7 inches) (in direction of 
    honeycomb cell axes).
        (2) Material. The main section of the deformable face of the fixed 
    barrier is constructed of the following material. The honeycomb is 
    manufactured out of aluminum, 3003 (ISO 209, part 1), with a foil 
    thickness of 0.076 mm (0.003 inches)  1 mm (0.040 inch) 
     0.004 mm (0.002 inch), an aluminum honeycomb cell size of 
    19.14 mm (0.75 inches), a density of 28.6 kg/m\3\ (1.78 lb/ft 
    3)  2kg/m\3\ (0.25 1b/ft \3\) and a crush 
    strength of 0.342 MPa (49.6 psi) + 0%-10%, in accordance with the 
    certification procedure described in section 587.14.
        (b) Bumper element.
        (1) Dimensions. The bumper element of the deformable face of the 
    fixed barrier has the following dimensions. The height is 330 mm (13 
    inches)(in direction of honeycomb ribbon axis), the width is 1,000 mm 
    (39.4 inches), and the depth is 90 mm (3.5 inches)(in direction of 
    honeycomb cell axes).
        (2) Material. The bumper element of the deformable face of the 
    fixed barrier is constructed of the following material. The honeycomb 
    is manufactured out of aluminum 3003 (ISO 209, part 1), foil thickness 
    of 0.076 mm(0.003 inch)  0.004 mm (0.0002 inch), cell size 
    of 6.4 mm (0.25 inch)  1 mm (0.040 inch), density of 82.6 
    kg/m\3\ (5.15 lb/ft \3\)  3 kg/m\3\ (0.19 lb/ft \3\), and 
    crush strength of 1.711 MPa (248 psi) + 0%-10%, in accordance with the 
    certification procedure described in section 587.14.
        (c) Backing sheet.
        (1) Dimensions. The deformable barrier backing sheet has the 
    following dimensions. The height is 800 mm (31.5 inches), the width is 
    1,000 mm (39.4 inches) inch), and the thickness is 2.0 mm (0.078 inch) 
     0.1 mm (0.004 inch).
        (2) Material. The deformable barrier backing sheet is manufactured 
    out of Aluminum 5251/5052.
        (d) Cladding sheet.
        (1) Dimensions. The cladding sheet of the main section of the 
    deformable face of the fixed barrier has the following dimensions. The 
    length is 1,700 mm (66.9 inches), the width is 1,000 mm (39.4 inches), 
    and the thickness is 0.81 mm (0.03 inch)  0.07 mm (0.003 
    inch).
        (2) Material. The cladding sheet of the main section of the 
    deformable face of the fixed barrier is manufactured out of Aluminum 
    5251/5052.
        (e) Bumper facing sheet.
        (1) Dimensions. The bumper facing sheet has the following 
    dimensions. The height is 330 mm(13 inches), the width is 1,000 mm(39.4 
    inches), and the thickness is 0.81 mm (0.03 inch)  0.07 mm 
    (0.003 inch)
        (2) Material. The bumper facing sheet is manufactured out of 
    aluminum 5251/5052.
        (f) Adhesive. The adhesive to be used throughout should be a two-
    part polyurethane.
    
    
    Sec. 587.14  Aluminum honeycomb certification.
    
        The following procedure is applied to materials for the frontal 
    impact barrier, these materials having a crush strength of 0.342 MPa 
    (49.6 psi) and 1.711 MPa (248 psi). (See Figure 1.)
        (a) Sample locations. To ensure uniformity of crush strength across 
    the whole of the barrier face, 8 samples are taken from 4 locations 
    evenly spaced across the honeycomb block. For a block to pass 
    certification, 7 of these 8 samples must meet the crush strength 
    requirements of the following sections. Any part of the block may then 
    be used for a barrier. The location of the samples depends on the size 
    of the honeycomb block. First, four samples, each measuring 300 mm 
    (11.8 inches)  x  300 mm (11.8 inches)  x  50 mm (1.97 inches)thick are 
    cut from the block of barrier face material. (See Figure 2 for how to 
    locate these samples on a typical
    
    [[Page 50009]]
    
    honeycomb block.) Each of these larger samples are cut into samples for 
    certification testing (150 mm (5.9 inches)  x  150 mm (5.9 inches)  x  
    50 mm (1.97 inches)). Certification is based on the testing of two 
    samples from each of the four locations.
        (b) Sample size. Samples of the following size are used for 
    testing. The length is 150 mm(5.9 inches)  6 mm (0.24 
    inch), the width is 150 mm (5.9 inches)  6 mm (0.24 inch), 
    and the thickness is 50 mm (1.97 inches)  2 mm (0.078 
    inch). The walls of incomplete cells around the edge of the sample are 
    trimmed as follows (See Figure 3). In the width ``W'' direction, the 
    fringes must be no greater than 1.8 mm (0.07 inch); in the length 
    (``L'') direction, half the length of one bonded cell wall (in the 
    ribbon direction) must be left at either end of the specimen.
        (c) Area measurement. The length of the sample is measured in three 
    locations, 12.7 mm (0.5 inch) from each end and in the middle, and 
    recorded as L1, L2, and L3 (Figure 3). In the same manner, the width is 
    measured and recorded as W1, W2 and W3 (Figure 3). These measurements 
    are taken on the centerline of the thickness. The crush area is then 
    calculated as:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.008
    
        (d) Crush rate and distance. The sample is crushed at a rate of not 
    less than 5.1 mm/min (0.2 in/min) and not more than 7.6 mm/min (0.29 
    in/min). The minimum crush distance is 16.5 mm(0.65 inch). Force versus 
    deflection data are to be collected in either analogue or digital form 
    for each sample tested. If analogue data are collected then a means of 
    converting this to digital must be available. All digital data must be 
    collected at a rate consistent with SAE J211, 1995.
        (e) Crush strength determination. Ignore all data prior to 6.4 mm 
    (0.25 inch) of crush and after 16.5 mm (0.65 inch) of crush. Divide the 
    remaining data into three sections or displacement intervals (n = 
    1,2,3) (see Figure 4) as follows. Interval one should be at 6.4-9.7 mm 
    (0.25-0.38 inch) deflection, inclusive. Interval two should be at 9.7-
    13.2 mm (0.38-0.52 inch) deflection, exclusive. Interval three is 13.2-
    16.5 mm (0.52-0.65 inch) deflection, inclusive. Find the average for 
    each section as follows: where m represents the number of data points 
    measured in each of the three intervals. Calculate the crush strength 
    of each section as follows:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.009
    
    where m represents the number of data points measured in each of the 
    three intervals. Calculate the crush strength of each section as 
    follows:
    [GRAPHIC] [TIFF OMITTED] TP18SE98.010
    
        (f) Sample crush strength specification. For a honeycomb sample to 
    pass this certification, the following condition must be met. For the 
    0.342 MPa (49.6 psi) material, the strength be equal or greater than 
    0.308 MPa (45 psi) but less than or equal to 0.342 MPa (49.6 psi) for 
    all three compression intervals. For the 1.711 MPa (248 psi) material 
    the strength must be equal to or greater than 1.540 MPa (223 psi) but 
    less than or equal to 1.711 MPa (248 psi) for each of the compression 
    intervals.
        (g) Block crush strength specification. Eight samples are to be 
    tested, from four locations, evenly spaced across the block. For a 
    block to pass certification, 7 of the 8 samples must meet the crush 
    strength specification of the previous section. Any part of the block 
    may then be used for a barrier.
        (h)(1) The testing hardware must have a capacity of applying 13.3 
    kN (3,000 lb) over a stroke of at least 16.5 mm (0.65 inches), at a 
    constant and known rate. The crush plates must be parallel (within 
    0.127 mm (0.005 inch)), be at least 165 mm  x  165 mm (6.5 inch  x  6.5 
    inch) in size, have a surface roughness approximately equivalent to 60 
    grit sandpaper, and be marked to ensure centering of the applied load 
    on the sample.
        (2) The hardware used for certifying aluminum honeycomb must be 
    capable of applying sufficient load (13.3 kN (3,000 lb)), over at least 
    a 16.5 mm (0.65 inch) stroke. The crush rate must be constant and 
    known. To ensure that the load is applied to the entire sample, the top 
    and bottom crush plates must be no smaller than 165 mm by 165 mm (6.5 
    inch  x  6.5 inch). The engaging surfaces of the crush plates must also 
    have a roughness approximately equivalent to 60 grit sandpaper. The 
    bottom crush plate should be marked to ensure that the applied load is 
    centered on the sample.
        (3) The crush plate assemblies must have an average angular 
    rigidity (about axes normal to the direction of crush) of at least 1017 
    Nm/deg (750 ft-lb/deg), over the range of 0 to 203 N m (0 to 150 ft-lb) 
    applied torque.
    
    
    Sec. 587.15  Adhesive Bonding Procedure.
    
        Immediately before bonding, aluminum sheet surfaces to be bonded 
    must be thoroughly cleaned using a suitable solvent, such as 1-1-1 
    Trichloroethane. This is to be carried out at least twice or as 
    required to eliminate grease or dirt deposits. The cleaned surfaces 
    must then be abraded using 120 grit abrasive paper. Metallic/silicon 
    carbide abrasive paper is not to be used. The surfaces must be 
    thoroughly abraded and the abrasive paper changed regularly during the 
    process to avoid clogging, which may lead to a polishing effect. 
    Following abrading, the surfaces must be thoroughly cleaned again, as 
    above. In total, the surfaces must be solvent cleaned at least four 
    times. All dust and deposits left as a result of the abrading process 
    must be removed, as these will adversely affect bonding. The adhesive 
    should be applied to one surface only, using a ribbed rubber roller. In 
    cases where honeycomb is to be bonded to aluminum sheet, the adhesive 
    should be applied to the aluminum sheet only. A maximum of 0.5 kg/m\2\ 
    (11.9 lb/ft\2\) be applied evenly over the surface, giving a maximum 
    film thickness of 0.5 mm (0.02 inch).
    
    
    Sec. 587.16  Construction.
    
        (a) The main honeycomb block is bonded to the backing sheet with 
    adhesive such that the cell axes are perpendicular to the sheet. The 
    cladding is bonded to the front surface of the honeycomb block. The top 
    and bottom surfaces of the cladding sheet must not be bonded to the 
    main honeycomb block but should be positioned closely to it. The 
    cladding sheet must be adhesively bonded to the backing sheet at the 
    mounting flanges. The bumper element must be adhesively bonded to the 
    front of the cladding sheet such that the cell axes are perpendicular 
    to the sheet. The bottom of the bumper element must be flush with the 
    bottom surface of the cladding sheet. The bumper facing sheet must be 
    adhesively bonded to the front of the bumper element.
        (b) The bumper element must then be divided into three equal 
    sections by means of two horizontal slots. These slots must be cut 
    through the entire depth of the bumper section and extend the whole 
    width of the bumper. The slots must be cut using a saw; their width 
    must be the width of the blade used and must not exceed 4.0 mm (0.16 
    inch).
        (c) Clearance holes for mounting the barrier are to be drilled in 
    the mounting flanges (shown in Figure 2.) The holes must be 20 mm (0.79 
    inch) in diameter. Five holes must be drilled in the top flange at a 
    distance of 40 mm (1.57 inches) from the top edge of the flange and 
    five holes in the bottom flange, 40
    
    [[Page 50010]]
    
    mm (1.6 inches) from the bottom edge of that flange. The holes must be 
    spaced 100 mm, 300 mm (11.8 inches), 500 mm (19.7 inches), 700 mm (27.5 
    inches), 900 mm (35.4 inches) horizontally, from either edge of the 
    barrier. All holes must be drilled to  1 mm (0.04 inch) of 
    the nominal distances.
    
    
    Sec. 587.17  Mounting.
    
        (a) The deformable barrier must be rigidly fixed to the edge of a 
    mass of not less than 7  x  104 kg (154,324 lbs) or to some 
    structure attached thereto. The attachment of the barrier face must be 
    such that the vehicle must not contact any part of the structure more 
    than 75 mm (2.9 inches) from the top surface of the barrier (excluding 
    the upper flange) during any stage of the impact. (A mass, the end of 
    which is between 925 mm (36.4 inches) and 1000 mm (39.4 inches) high 
    and at least 1000 mm (39.4 inches) deep, is considered to satisfy this 
    requirement.) The front face of the surface to which the deformable 
    barrier is attached must be flat and continuous over the height and 
    width of the face and must be vertical  1 degree and 
    perpendicular  1 degree to the axis of the run-up track. 
    The attachment surface must not be displaced more than 10 mm (0.4 inch) 
    during the test. If necessary, additional anchorage or arresting 
    devices must be used to prevent displacement of the barrier. The edge 
    of the deformable barrier must be aligned with the edge of the ridged 
    barrier appropriate for the side of the vehicle to be tested.
        (b) The deformable barrier must be fixed to the fixed barrier by 
    means of ten bolts, five in the top mounting flange and five in the 
    bottom. These bolts must be at least 8 mm (0.3 inch) in diameter. Steel 
    clamping strips must be used for both the top and bottom mounting 
    flanges (figures 1 and 2). These strips must be 60 mm (2.4 inches) high 
    and 1000 mm (39.4 inches) wide and have thickness of at least 3 mm 
    (0.12 inch). Five clearance holes of 20 mm (0.8 inch) diameter must be 
    drilled in both strips to correspond with those in the mounting flange 
    on the barrier (see section 587.16(c)). None of the fixtures must fail 
    in the impact test.
        15. Figures 1 through 5 would be added to Part 587.
    
    BILLING CODE 4910-59-P
    
    [[Page 50011]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.011
    
    
    
    [[Page 50012]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.012
    
    
    
    [[Page 50013]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.013
    
    
    
    [[Page 50014]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.014
    
    
    
    [[Page 50015]]
    
    [GRAPHIC] [TIFF OMITTED] TP18SE98.015
    
    
    
    BILLING CODE 4910-59-C
    
    [[Page 50016]]
    
    PART 595--RETROFIT ON-OFF SWITCHES FOR AIR BAGS
    
        16. 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.
    
        17. Section 595.5 would be amended by revising paragraph (a) and 
    adding paragraph (b)(6) 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 (6) of this section:
        (b) * * *
        (6) The vehicle was not certified to meet the advanced air bag 
    requirements of Federal Motor Vehicle Safety Standard No. 208, i.e., 
    the requirements specified in S15, S17, S19, S21, S23, and S25 of 49 
    CFR 571.208.
    
        Issued: September 1, 1998.
    L. Robert Shelton,
    Associate Administrator for Safety Performance Standards.
    
    Appendix--Response to Petitions
    
        Note: The following appendix will not appear in the Code of 
    Federal Regulations.
    
        NHTSA has received a number of petitions and recommendations 
    which address air bag performance requirements. These include 
    petitions for rulemaking concerning the adverse effects of air bags, 
    recommendations from NTSB, and petitions for reconsideration of 
    several regulatory actions addressing this problem on an interim 
    basis.
        In this appendix, NHTSA discusses and responds to those 
    outstanding petitions and recommendations which address air bag 
    performance requirements. In some cases, the agency presents its 
    initial response to a petition; in other cases, the agency discusses 
    how today's proposal for advanced air bags provides a further 
    response to petitions for rulemaking which have already been 
    granted. NHTSA notes that it will respond in other notices to any 
    outstanding petitions addressing other types of air bag-related 
    issues, e.g., consumer information requirements and retrofit on-off 
    switches.
    
    A. Petitions Requesting That New Test Requirements Be Added to Standard 
    No. 208
    
    1. August 1996 Petition From AAMA
    
        As part of AAMA's August 1996 petition requesting that an 
    unbelted sled test be allowed as an alternative to the existing 
    unbelted barrier crash test to facilitate quick depowering of air 
    bags, that organization also petitioned the agency to propose driver 
    and passenger out-of-position occupant test requirements, based on 
    the latest ISO test practices, as a way of testing the injury 
    potential of air bags for those occupants. AAMA recommended that the 
    agency use the Hybrid III 5th percentile adult female dummy at the 
    driver position and an appropriate child dummy at the passenger 
    position. AAMA stated that additional work was needed to more fully 
    develop the ISO protocol to a level appropriate for an amendment to 
    Standard No. 208.
        Today's proposal for advanced air bags includes out-of-position 
    occupant requirements based on the ISO test procedures, using the 
    Hybrid III 5th percentile adult female dummy and several child 
    dummies. This notice is therefore in further response to AAMA's 
    petition.
    
    2. September 1996 Petition From Anita Glass Lindsey
    
        On September 1, 1996, Anita Glass Lindsey submitted a petition 
    to amend Standard No. 208 to specify use of a 5th percentile adult 
    female test dummy in testing vehicles for compliance with the 
    standard's air bag requirements. NHTSA granted the petition in the 
    preamble its NPRM concerning depowering. 62 FR 807, 827; January 6, 
    1997. The agency stated that it contemplated initiating a new 
    rulemaking proceeding to propose the adoption of a 5th percentile 
    adult female dummy and to specify injury criteria and limits, 
    including neck injury criteria and limits, suitable for that dummy.
        Today's proposal for advanced air bags proposes the adoption of 
    the Hybrid III 5th percentile adult female dummy and related test 
    requirements and injury criteria. The notice is therefore in further 
    response to Ms. Lindsey's petition.
    
    3. September 1996 NTSB Safety Recommendations
    
        On September 17, 1996, the National Transportation Safety Board 
    (NTSB) issued a number of safety recommendations to NHTSA for 
    reducing the problem of child fatalities caused by air bags. These 
    recommendations are as follows:
        1. Immediately evaluate passenger air bags based on all 
    available sources, including NHTSA's recent crash testing, and then 
    publicize the findings and modify performance and testing 
    requirements, as appropriate, based on the findings of the 
    evaluation.
        2. Immediately revise Federal Motor Vehicle Safety Standard 208, 
    Occupant Crash Protection, to establish performance requirements for 
    passenger air bags based on testing procedures that reflect actual 
    accident environments, including pre-impact braking, out-of-position 
    child occupants (belted and unbelted), properly positioned belted 
    child occupants, and with the seat track in the forward-most 
    position.
        3. Evaluate the effect of higher deployment thresholds for 
    passenger air bags in combination with the recommended changes in 
    air bag performance certification testing, and then modify the 
    deployment thresholds based on the findings of the evaluation.
        4. Establish a timetable to implement intelligent air bag 
    technology that will moderate or prevent the air bag from deployment 
    if full deployment would pose an injury hazard to a belted or 
    unbelted occupant in the right front seating position, such as a 
    child who is seated too close to the instrument panel, a child who 
    moves forward because of pre-impact braking, or a child who is 
    restrained in a rear-facing child restraint system.
        5. Determine the feasibility of applying technical solutions to 
    vehicles not covered by NHTSA's proposed rulemaking of August 1, 
    1996, to prevent air bag-induced injuries to children in the 
    passenger position.
        Today's proposal for advanced air bags is responsive to these 
    recommendations.
    
    4. November 1996 Petitions From Public Citizen and the Center for 
    Auto Safety
    
        On November 8, 1996, the Center for Auto Safety (CFAS) 
    petitioned the agency to amend Standard No. 208 to specify that a 
    vehicle's air bags must not deploy in a crash if the vehicle's 
    change of velocity is less than 12 mph. CFAS noted that many of the 
    crashes resulting in air bag fatalities, especially those of 
    children, involved very low changes in vehicle velocity.
        On November 20, 1996, CFAS and Public Citizen petitioned the 
    agency to begin rulemaking to require dual inflation air bags. In 
    low-speed crashes, these bags would inflate more slowly, and thus 
    less aggressively, than then-current air bags. In higher-speed 
    crashes, they would inflate at the same rate as then-current air 
    bags. The petitioners asserted that their proposal is the best 
    solution in the near future and is superior to depowering, since 
    depowering involves ``some trade-off in safety protection and will 
    not add significant protection for unrestrained children.''
        NHTSA considered and discussed these petitions during its 
    depowering rulemaking. The agency believes that higher deployment 
    thresholds and dual or multiple level inflators are among the 
    available alternatives for reducing adverse effects of air bags. 
    However, NHTSA is not proposing to require either alternative 
    because it believes such a requirement would be unnecessarily 
    design-restrictive, given the other available alternatives.
        Moreover, the agency believes that neither a requirement for 
    higher deployment thresholds alone nor a requirement for dual or 
    multiple level inflators would be a sufficient longer term approach 
    for the agency to adopt. NHTSA is concerned that a requirement for 
    higher deployment thresholds would discourage the use of multiple 
    level inflators, which the agency believes offer greater potential 
    benefits. A requirement for multiple level inflators would be 
    inadequate because it would not measure injury risk, e.g., the 
    possibility that even the lower inflation level might cause 
    fatalities to out-of-position occupants.
    
    5. February 1997 Petition From Parents for Safer Air Bags
    
        On February 28, 1997, Parents for Safer Air Bags petitioned 
    NHTSA to (1) investigate the effect of temperature on air bag 
    inflation and (2) incorporate performance requirements in Standard 
    No. 208 that require compliance with the standard at -40 deg. C 
    (-40 deg. F) and at 82 deg. C (180 deg. F).
    
    [[Page 50017]]
    
        That organization stated that it had been advised by engineering 
    experts that temperature can materially affect air bag pressure. It 
    supplied a graph showing how inflator performance typically varies 
    by temperature in a tank test. It expressed concern that an occupant 
    in Minnesota in the winter may ``bottom out'' as a result of 
    excessive depowering while an occupant in Arizona in the summer may 
    be struck with excessive bag punch even with depowering.
        The Parents' Coalition stated that it had been advised that the 
    most effective test protocol to insure proper air bag performance in 
    variant climatic conditions is a static deployment with pendulum 
    loading that simulates occupant acceleration and tests for bottom 
    out and rebound. The petitioner stated that the air bag inflator and 
    module should be cooled to -40 deg. F. (and heated to 180 deg. F.) 
    and then tested at those temperatures.
        NHTSA agrees that temperature will have an effect on any gas. 
    Since air bag inflation is dependent on gas, temperature may have an 
    effect on inflation characteristics. Therefore, the agency agrees 
    that the vehicle manufacturers need to take account of temperature 
    issues as they design their air bags. The agency notes, however, 
    that few if any people would operate their vehicles at the extreme 
    temperatures cited by the petitioner. Moreover, to the extent that 
    an inflator was at an extreme temperature at the beginning of a 
    trip, the temperature would likely move close to the occupant 
    compartment's operating temperature after a few minutes.
        The agency believes that the relevant issues to consider in 
    responding to the Parents' Coalition petition are whether this is an 
    issue which needs to be addressed by Federal regulation and, if so, 
    what type of regulation. NHTSA has tentatively concluded that there 
    is not a demonstrated need to include temperature requirements in 
    Standard No. 208, but it is requesting comments on this issue.
        NHTSA notes that, in issuing today's proposal for advanced air 
    bags, the agency has tentatively concluded that a substantial number 
    of additional performance requirements need to be added to Standard 
    No. 208 to ensure that the vehicle manufacturers design their air 
    bags to provide appropriate protection under a wider variety of 
    circumstances. However, in the context of a statutory scheme 
    requiring the agency to issue performance requirements (as opposed 
    to one requiring design requirements or government approval), it is 
    neither appropriate nor possible for the agency to 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.
        Based on an examination of available data, NHTSA is not aware of 
    a need to add temperature requirements to Standard No. 208. The 
    agency has evaluated its Special Crash Investigations of air bag 
    fatalities and serious injuries, and has been unable to find any 
    relationship between temperature and air-bag-induced injuries.
        NHTSA also believes that it would be relatively difficult to 
    develop temperature requirements that would be appropriate for 
    Standard No. 208. The agency does not believe that a pendulum test, 
    by itself, would be desirable because it would not measure injury 
    criteria.
        However, the agency believes that manufacturers can, and should, 
    consider temperature performance as they design their air bags. They 
    are in a position to know how significant temperature variation is 
    to the performance of a particular air bag design, and can conduct 
    the kinds of testing that are suited to each such design.
        As indicated above, while the agency has tentatively concluded 
    that there is not a need to include temperature requirements in 
    Standard No. 208, it is requesting comments on this issue. The 
    agency is particularly interested in receiving comments from air bag 
    manufacturers and vehicle manufacturers concerning what testing and 
    other steps they have taken to ensure that air bag performance is 
    appropriate under varying temperature conditions, the steps they 
    have taken in the context of depowering their air bags (e.g., how 
    they may have addressed the possibility that depowered air bags 
    might be more likely to ``bottom out'' in cold temperatures), and 
    how they plan to address the issue in the context of advanced air 
    bag designs.
    
    6. April 1998 Petition From CFAS, Consumer Federation of America, 
    Parents for Safer Air Bags, and Public Citizen
    
        On April 20, 1998, CFAS, Consumer Federation of America, Parents 
    for Safer Air Bags, and Public Citizen submitted a joint petition 
    requesting that the agency upgrade Standard No. 208 to include 
    testing of the ``family of dummies'' in (1) barrier tests up to and 
    including 30 mph (belted and unbelted), (2) moderate speed off-set 
    deformable barrier tests (belted and unbelted), and (3) static tests 
    with out-of-position dummies. The petitioners stated that this 
    comprehensive set of tests would ensure that air bag systems are 
    safe and effective in ``real world'' crash conditions, not just in 
    the ``single crash scenario'' in the present standard.
        The petitioners argued that the present requirements in Standard 
    No. 208 are under-inclusive, since they require testing only of the 
    properly positioned, average-sized adult male dummy in a 30 mph 
    collision. They stated that the standard omits testing of child 
    sized dummies, small women dummies, out-of-position dummies, and 
    dummies of any size and position in low-speed collisions. The 
    petitioners also stated that the standard omits off-set crashes into 
    a deformable barrier--tests that reveal the ability of the crash 
    sensor to promptly detect the crash event and deploy the bag before 
    the occupant has had time to move dangerously close to the air bag.
        According to the petitioners, these gaps in Standard No. 208 
    have allowed air bag systems to enter the market that have caused 
    severe and fatal injuries to child passengers and small women 
    drivers in minor collisions. The petitioners believe that the 
    solution is the upgrading of Standard No. 208's air bag performance 
    requirements, as summarized earlier in this section.
        The petitioners also emphasized that they believe the unbelted 
    30 mph barrier test should be reinstated. Noting that some 
    automobile manufacturers are urging permanent elimination of that 
    test in favor of the current sled test option, the petitioners 
    stated that the agency should reject this recommendation due to the 
    serious inadequacies of the sled test. Among other things, the 
    petitioners stated that the sled test (1) uses a ``fictitious'' 125 
    millisecond crash pulse that fails to account for the fact that some 
    vehicles have a much faster crash pulse; (2) does not allow 
    observation of how the vehicle crushes; (3) does not allow 
    observation of the occupant's interaction with the vehicle structure 
    in an actual crash (the so-called occupant ``kinematics''); and (4) 
    fails to test the effectiveness of the vehicle's crash sensors.
        NHTSA notes that it received this petition as it was nearing 
    completion of its proposal for advanced air bags. Nonetheless, the 
    agency has carefully analyzed the petition. The agency believes that 
    while not identical, today's proposal is essentially consistent with 
    the approach recommended by the petitioners. Accordingly, the agency 
    has decided to grant the petition and views today's proposal as 
    responsive to the petition.
        NHTSA notes that it agrees with the petitioners that the current 
    requirements of Standard No. 208 are under-inclusive and need to be 
    upgraded. However, the agency believes it is incorrect to 
    characterize the standard's longstanding barrier test requirements 
    as ``a single crash scenario.'' Given that the current standard 
    specifies that vehicles must be able to comply with the barrier test 
    at different speeds, different angles, and with both belted and 
    unbelted dummies,23 the standard simulates a wide variety 
    of real world crash scenarios. However, the agency agrees that the 
    standard needs to be upgraded so that it directly addresses a number 
    of crash scenarios not simulated by the barrier test, such as ones 
    involving out-of-position occupants.
    ---------------------------------------------------------------------------
    
        \23\  As discussed elsewhere in this notice, the standard 
    currently includes an unbelted sled test option that may be selected 
    as an alternative to the unbelted barrier test.
    ---------------------------------------------------------------------------
    
    B. Petition Requesting Extension of the Provision Allowing On-Off 
    Switches for Vehicles Without Rear Seats or With Small Rear Seats
    
        On January 6, 1997, NHTSA published a final rule in the Federal 
    Register (62 FR 798) extending until September 1, 2000 the time 
    period during which vehicle manufacturers are permitted to offer 
    manual on-off switches for the passenger-side air bag for vehicles 
    without rear seats or with rear seats that are too small to 
    accommodate rear facing infant seats. The agency extended the option 
    from an earlier date so that manufacturers would have more time to 
    implement better, automatic solutions.
        GM requested the agency to reconsider its position regarding 
    this ``sunset'' date. That company essentially argued that there is 
    still
    
    [[Page 50018]]
    
    considerable uncertainty as to whether such automatic solutions will 
    be available by September 1, 2000.
        NHTSA has decided to grant GM's petition. In today's proposal 
    for advanced air bags, the agency is proposing, among other things, 
    to require automatic means for ensuring that passenger air bags do 
    not pose a risk to children in rear facing infant seats. In 
    developing this proposal, the agency has considered the lead time 
    needed to implement these solutions. The agency has therefore 
    tentatively concluded that it should extend the date for this 
    ``sunset'' so that the temporary amendment would expire as the 
    upgraded performance requirements are phased in.
        During the proposed phase-in, manual on-off switches would not 
    be available for any vehicles certified to the upgraded 
    requirements, but would be available for other vehicles if those 
    vehicles do not have rear seats or have rear seats that are too 
    small to accommodate rear facing infant seats.
    
    C. Petitions Requesting a Permanent Option of Using Unbelted Sled Test 
    Instead of Unbelted Barrier Test
    
        As discussed earlier in this notice, NHTSA is proposing to amend 
    Standard No. 208 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 current air bag designs. The current standard provides 
    vehicle manufacturers with the flexibility necessary to introduce 
    advanced air bags, but does not require them to do so.
        Partially because Standard No. 208 has always provided the 
    flexibility to address the problem of out-of-position occupants, the 
    agency specified in its depowering rulemaking that the alternative 
    sled test was a temporary measure, instead of a permanent one. NHTSA 
    explained that there is no need to permanently reduce Standard No. 
    208's performance requirements to enable manufacturers to choose 
    alternatives to the current single inflation level air bags and thus 
    avoid the adverse effects of those air bags. Those requirements 
    permit manufacturers to install air bags that adapt deployment based 
    on one or more factors such as crash severity, belt use, and 
    occupant size, weight or position, or that inflate in a manner that 
    is not seriously harmful to out-of-position occupants.
        NHTSA decided to make the alternative sled test available until 
    advanced air bags could be introduced. It specified that the 
    alternative sled test would ``sunset'' on September 1, 2001, based 
    on its judgment in the Spring of 1997 that vehicle manufacturers 
    could install some types of advanced air bags in their fleets by 
    that date. The agency recognized, however, that there was 
    uncertainty as to how quickly advanced air bags could be 
    incorporated into the entire fleet. Accordingly, the agency 
    indicated that it would revisit the sunset date, to the extent 
    appropriate, in its future rulemaking on advanced air bags. See 62 
    FR 12968, March 19, 1997.
        NHTSA received four petitions requesting that the agency 
    eliminate the sunset date for the alternative unbelted sled test. 
    The petitions were submitted by AAMA, AIAM, Ford, and IIHS.
        The agency notes that the sunset date (September 1, 2001) 
    specified in the standard has been superseded by the NHTSA 
    Reauthorization Act of 1998. The Act ensures that the sled test 
    option will remain in place at least until the vehicle manufacturers 
    introduce advanced air bags. As discussed earlier in this notice, 
    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].'' The Conference Report states that the current sled test 
    certification option remains in effect ``unless and until phased out 
    according to the schedule in the final rule.''
        Since the Act overrides the provision in Standard No. 208 
    sunsetting the sled test alternative, the Act effectively moots the 
    petitions for reconsideration concerning that provision. 
    Accordingly, there is no need to set out the arguments made in those 
    petitions. Further, those arguments and their underlying premises 
    have themselves been superseded in some respects by the Act, having 
    been submitted long before the air bag provisions of the Act were 
    formulated and enacted. For example, many of those arguments were 
    premised on the continued use of the current, single inflation level 
    air bags, instead of the advanced air bags mandated by Congress in 
    the Act.
        Nevertheless, those arguments were generally considered by the 
    agency before deciding to propose terminating the sled test 
    alternative. The following discussion supplements the discussion in 
    the preamble of the reasons for issuing that proposal.
        Adoption in 1997 of the Temporary Sled Test Option. AAMA first 
    petitioned the agency to provide a sled test alternative to the 
    unbelted barrier test requirements in August 1996. By the time that 
    organization submitted its petition, it had become clear that while 
    the single inflation level air bag designs then being installed by 
    the industry were highly effective in reducing teenager and adult 
    fatalities from frontal crashes, they also sometimes caused 
    fatalities to out-of-position occupants, especially children, in low 
    speed crashes. NHTSA and the industry were then seeking solutions 
    that could be implemented quickly to reduce the adverse effects of 
    air bags, while also maintaining, to the extent possible, the 
    benefits of air bags.
        In analyzing AAMA's rulemaking petition, the agency recognized 
    that there were downsides to the approach recommended by that 
    organization. Unlike a full scale vehicle crash test, a sled test 
    does not, and cannot, measure the actual protection that an occupant 
    will receive in a crash. The test can measure limited performance 
    attributes of the air bag, but not the performance provided by the 
    full air bag system, much less the combination of the vehicle and 
    its occupant crash protection system. It is that combination that 
    determines the amount of protection actually received by occupants 
    in a real world crash.
        NHTSA was faced with a difficult decision in evaluating AAMA's 
    rulemaking petition to permit use of the sled test. The agency 
    wanted the industry to quickly mitigate the adverse effects of its 
    then-current air bag designs, which the auto industry said it would 
    do if the agency adopted the sled test, but the agency did not want 
    to reduce the protection being ensured by Standard No. 208.
        Faced with this dilemma, NHTSA carefully analyzed whether a 
    reduction in stringency of the Standard was necessary in the short 
    term to address adverse effects of air bags to out-of-position 
    occupants. A review of the record showed that a wide range of 
    technological solutions were, and had been, available to prevent 
    adverse effects of air bags, and still enable vehicles to meet 
    Standard No. 208's barrier crash test requirements.24 
    However, these technologies generally could not be implemented as 
    quickly as depowering.
    ---------------------------------------------------------------------------
    
        \24\  In its 1984 decision, the Department had expressly 
    recognized that the vehicle manufacturers had raised concerns about 
    potential adverse effects of air bags to out-of-position occupants. 
    In response to those concerns, the Department had identified a 
    variety of available technological means for addressing those risks. 
    The July 11, 1984 Final Regulatory Impact Analysis (FRIA) listed a 
    variety of potential technological means for addressing the problem 
    of injuries associated with air bag deployments (FRIA, pp. III-8 to 
    10) including dual level inflation systems and other technological 
    measures such as bag shape and size, instrument panel contour, 
    aspiration, and inflation technique. It also noted that a variety of 
    different sensors could be used to trigger dual level inflation 
    systems, e.g., a sensor that measures impact speed, a sensor that 
    measures occupant size or weight and senses whether an occupant is 
    out of position; and an electronic proximity sensor. However, the 
    auto manufacturers generally did not adopt any of these 
    technologies.
    ---------------------------------------------------------------------------
    
        In light of the rulemaking record before it, NHTSA decided to 
    adopt the sled test alternative requested by the auto industry 
    25 and supported by others to be absolutely sure that, 
    given the air bag designs then being used by the industry, the 
    vehicle manufacturers had the necessary flexibility to address the 
    problem of adverse effects of air bags in the shortest time 
    possible. The agency recognized that there were longer term 
    technological solutions that did not require a reduction in the 
    safety protection afforded by Standard No. 208. It further 
    recognized that many or most vehicles could have their air bags 
    substantially depowered and still meet the standard's longstanding 
    barrier test requirements. Nevertheless, NHTSA wanted to make sure 
    that the standard did not prevent quick action by the manufacturers 
    that would reduce air bag risks while still providing a measure of 
    protection.
    ---------------------------------------------------------------------------
    
        \25\  The sled test alternative adopted by NHTSA, with a 125 
    msec pulse, had a more stringent pulse than the one first advocated 
    by AAMA. That organization first recommended a 143 msec pulse. 
    However, testing by NHTSA showed that a vehicle could pass Standard 
    No. 208's requirements without an air bag with the 143 msec pulse. 
    The more stringent pulse was recommended by AAMA in a later 
    submission. Further testing by the agency showed that some vehicles 
    could pass Standard No. 208's requirements without an air bag even 
    with the 125 msec pulse. Given this testing, NHTSA added new neck 
    injury criteria to the sled test alternative, to help ensure that 
    the vehicle manufacturers did not depower their air bags to a point 
    where they would provide little benefit.
    ---------------------------------------------------------------------------
    
        The agency took this action because the sled test offered 
    advantages that, in the short
    
    [[Page 50019]]
    
    run, outweighed the fundamental shortcomings of that test as a 
    representation of potentially fatal real world crashes and thus as a 
    reliable predictor of real world performance. Much of the sled 
    test's short run value lay in the fact that it was simpler and less 
    costly to conduct than a barrier crash test and that, by simplifying 
    compliance testing through removal of some of the key elements 
    related to real world performance, it made compliance much easier to 
    achieve, and to demonstrate.
        At the same time, the agency made it clear that it viewed the 
    reduction in the standard's safety requirements as a short-term 
    interim measure, while the vehicle manufacturers develop and 
    implement better solutions. 62 FR 12968. The agency considered the 
    sled test to be a short term means of ensuring that the vehicle 
    manufacturers could quickly depower all of their air bags, but not 
    an effective long-term means for measuring a vehicle's occupant 
    protection.
        Proposal to Sunset the Sled Test Option. NHTSA has proposed to 
    sunset the unbelted sled test option in part because the agency 
    believes that ensuring continued protection of unbelted occupants is 
    vital to motor vehicle safety. About half of the occupants in 
    potentially fatal crashes are still unbelted. Moreover, youth are 
    overrepresented among unbelted victims in fatal crashes. Young 
    people of both sexes, but particularly males, are disproportionately 
    represented among the unbelted. It is well known that the young are 
    more prone to risky behavior. As drivers grow older, they mature and 
    adopt safer driving and riding habits. 26 By continuing 
    to provide effective air bag protection for the unbelted, the agency 
    and the vehicle manufacturers can help give young drivers and 
    passengers a better chance of safely passing through their risk-
    prone years. Providing effective air bag protection for the unbelted 
    will also help other disproportionately represented groups, such as 
    rural residents and members of minorities.
    ---------------------------------------------------------------------------
    
        \26\ The National Occupant Protection Use Survey (NOPUS) 
    reported in August 1997 that young adults (16-24 years old) were 
    observed with the lowest belt use rate (less than 50%) of any of the 
    reported observed categories. The NOPUS data report findings of 
    trained observers at controlled intersections. A copy of the NOPUS 
    report is available at the NHTSA web site under the category 
    ``Reports and Research Notes''.
    ---------------------------------------------------------------------------
    
        The auto industry suggests that unbelted occupants would 
    continue to be provided a level of protection even in the absence of 
    an unbelted barrier test requirement. However, they have not 
    provided any specific information concerning what level of 
    protection would be provided. The agency tentatively concludes that 
    such protection can best be measured, and ensured, in full scale 
    vehicle crash tests.
        In order to determine the amount of life-saving and injury-
    reducing protection that is provided by the combination of a vehicle 
    and its air bags to unbelted occupants, it is necessary to test a 
    vehicle in situations in which an unbelted occupant would, in the 
    absence of an effective air bag, typically face a significant risk 
    of serious injury or death. This need is met by the unbelted 48 km/h 
    (30 mph) barrier test requirement, which is representative of a 
    significant percentage of such real world crashes. A NHTSA paper 
    titled ``Review of Potential Test Procedures for FMVSS No. 208,'' 
    notes that data from the National Automotive Sampling System (NASS) 
    indicate that the barrier crash pulse (full and oblique) represents 
    about three-quarters of real world collisions. A copy of this paper 
    is being placed in the public docket.
        NHTSA believes that Standard No. 208 should continue to address 
    the protection of the nearly 50 percent of all occupants in 
    potentially fatal crashes who are still unbelted. Apart from the 
    substantial numbers of lives at stake, the experience with current 
    single inflation level air bags suggests that the agency should 
    amend Standard No. 208 to ensure occupant protection in a wider 
    variety of real world crash scenarios, rather than narrowing its 
    scope.
        Nevertheless, some petitioners have argued that NHTSA should 
    drop the unbelted barrier requirement based on an expectation that 
    seat belt use will substantially increase in the future. The agency 
    recognizes that as seat belt use increases, the percentage of real 
    world crashes that is directly represented by the unbelted barrier 
    test decreases. However, there are several reasons why the agency 
    tentatively concludes that dropping that test requirement would not 
    be appropriate, particularly at this time.
        First, future projections of increases in seat belt use are 
    uncertain, and seat belt use in potentially fatal crashes is 
    currently little over 50 percent. The agency tentatively concludes 
    that it should not reduce safety performance requirements for nearly 
    one-half the occupants involved in potentially fatal crashes, 
    particularly on the basis of uncertain projections about future seat 
    belt use.
        Second, even as seat belt use increases, the persons not using 
    seat belts will tend to be over-involved in potentially fatal 
    crashes. Teenagers are among the persons least likely to use seat 
    belts. They are also much more likely than other groups to be 
    involved in potentially fatal crashes. Moreover, even in countries 
    where seat belt use is 90 percent, unbelted occupants still 
    represent about 33 percent of all fatalities.
        The arguments made by the petitioners regarding the effect of 
    the barrier test on air bag performance were typically premised on 
    the continued use of the current, one-size-fits-all, air bag 
    designs. They did not address the range of advanced air bag 
    technologies that may be employed to meet the barrier test 
    requirements. The issue about the compliance tests that should be 
    used in the future should be determined in the context of the air 
    bag technology to be used in the future, and not in the context of 
    the older air bag designs currently in use. When the full range of 
    advanced air bag technologies is considered, the agency believes 
    that it is apparent that the vehicle manufacturers can address the 
    adverse effects of air bags to out-of-position occupants, and 
    provide excellent protection to both belted and unbelted occupants.
        The agency believes the appropriate solution to the current air 
    bag problems is to preserve and enhance the life-saving and injury-
    reducing benefits that air bags are providing to all occupants, 
    belted and unbelted, while dramatically reducing or eliminating 
    fatalities and serious injuries caused by air bags. In the longer 
    run, the agency believes its plan to adopt requirements for advanced 
    air bags and maintain an effective unbelted vehicle test requirement 
    will achieve this goal.
        The agency believes that justifying the elimination of the 
    unbelted barrier test based on the shortcomings of current (or pre-
    depowered) air bag designs has parallels to the rationale for the 
    agency's decision in the early 1980's to rescind the automatic 
    restraint requirements. The agency rescinded those requirements for 
    the stated reason that many vehicle manufacturers had initially 
    chosen to comply with them by detachable automatic seat belts, 
    instead of either nondetachable automatic seat belts or air bags, 
    and that those detachable belts might not significantly improve 
    vehicle safety. The U.S. Supreme Court unanimously concluded that 
    the appropriate regulatory response to ineffective or undesirable 
    design choices by the vehicle manufacturers regarding automatic 
    restraints was not simply to rescind the requirements for those 
    restraints, but first to consider the alternative of amending the 
    requirements to ensure better technological choices in the future. 
    Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 403 
    U.S. 29 (1983). The reasoning underlying that decision suggests that 
    the fact that the air bag designs chosen to date do not meet all 
    safety considerations is not a sufficient reason, by itself, to 
    undercut or negate the broad, longstanding performance requirements 
    for air bags, given that there are other, superior alternative 
    designs from which to choose. Instead, the appropriate long-term 
    solution is to amend the requirements to ensure that the 
    manufacturers select and install better air bag designs in the 
    future.
        In arguing for permanent retention of the sled test, the 
    petitioners made a number of arguments about the potential benefits 
    of depowered air bags. However, NHTSA does not believe that it is 
    necessary to retain the sled test to obtain the benefits of 
    depowered air bags. Ultimately, the issue is not whether some 
    vehicles with depowered, single inflation level air bags do not 
    today meet the 48 km/h (30 mph) barrier test requirement. As noted 
    above, the issue about future compliance tests should be determined 
    in the context of future air bag technology, and not in the context 
    of today's less sophisticated air bag designs. Various advanced air 
    bag technologies can be used that will provide full protection in 
    compliance with such substantial test crashes, while not injuring 
    out-of-position occupants.
        As discussed above, the primary reason NHTSA decided to adopt 
    the temporary sled test alternative in its depowering rulemaking was 
    because of its desire to ensure that the vehicle manufacturers could 
    depower all of their single inflation level air bags quickly. The 
    certification testing that vehicle manufacturers would have needed 
    to conduct to ensure that their depowered air bags continued to meet 
    the 48 km/h (30 mph) barrier test would have prevented the quick 
    depowering of all air bags. However, the agency did not determine 
    that multi-inflation
    
    [[Page 50020]]
    
    level or even single inflation level depowered air bags could not, 
    given sufficient time, be produced that would also meet the 48 km/h 
    (30 mph) barrier test.27
    ---------------------------------------------------------------------------
    
        \27\ Depowering has a very short leadtime because it can be 
    accomplished simply by reducing the amount of propellant in existing 
    air bag designs. If longer leadtime is assumed, however, 
    manufacturers can make air bags less aggressive by means such as 
    changing folding patterns and deployment paths, with a smaller 
    chance of creating difficulties with respect to the barrier test 
    requirements.
    ---------------------------------------------------------------------------
    
        In this connection, the agency notes that, based on very limited 
    data, it appears that many, perhaps most, vehicles with depowered 
    air bags continue to meet Standard No. 208's unbelted barrier test 
    requirements by wide margins. NHTSA has tested five vehicles with 
    depowered driver air bags in unbelted 48 km/h (30 mph) rigid barrier 
    tests, and all passed Standard No. 208's injury criteria by 
    significant margins.28 The agency has tested six vehicles 
    with depowered 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.29
    ---------------------------------------------------------------------------
    
        \28\ These vehicles included the Taurus, Explorer, Neon, Camry 
    and Accord.
        \29\ The vehicles which passed the standard's injury criteria by 
    significant margins included the Taurus, Explorer, Caravan, Camry 
    and Accord. The exception was the Neon.
    ---------------------------------------------------------------------------
    
        NHTSA notes that the petitioners suggested that it should 
    evaluate the real world safety impacts of depowering before deciding 
    whether to restore the barrier test. This suggestion does not take 
    into account the limitations of the sled test alternative for 
    measuring the occupant protection provided in a potentially fatal 
    crash, especially as compared to an actual crash test. Further, 
    there is some question whether determining the level of protection 
    provided by the current depowered air bags would enable the agency 
    to assess the level of safety ensured by the sled test. The sled 
    test gives vehicle manufacturers broad flexibility to design and 
    install air bags that are significantly more depowered than the 
    current depowered air bags. In comparing regulatory alternatives, 
    the question for the agency to answer is the level of safety 
    protection actually required by different alternatives instead of 
    the safety protection that is currently provided, or may in the 
    future be provided, voluntarily by the manufacturers.
        These concerns are particularly relevant in considering any kind 
    of permanent change to a safety standard. Since the agency analyzed 
    the sled test amendment as a relatively short-term, interim means of 
    ensuring that manufacturers could quickly depower their vehicles' 
    existing air bags, it primarily analyzed the safety impacts of the 
    changes the vehicle manufacturers said they would make. The agency 
    did not analyze the safety implications of replacing the barrier 
    test with a sled test on a long-term basis.
        NHTSA does not know what kind of occupant protection the vehicle 
    manufacturers would chose to provide if the sled test alternative 
    were made permanent. As indicated above, based on very limited data, 
    it appears that many vehicles with depowered air bags continue to 
    meet Standard No. 208's unbelted barrier test requirements by wide 
    margins. If the manufacturers continued to voluntarily meet the 
    barrier test requirements for nearly all of their vehicles, the 
    safety impacts of the sled test alternative would obviously be 
    minimal.
        However, the agency has no assurance that the vehicle 
    manufacturers would continue to voluntarily meet the barrier test 
    requirements if the sled test alternative were made permanent. The 
    vehicles with depowered air bags being produced in model year 1998 
    were not primarily designed to meet the sled test. Instead, the 
    vehicles were designed several years ago to meet the barrier test 
    requirements but now have depowered air bags. There is no way of 
    reliably predicting how the vehicle manufacturers would design their 
    vehicles in the context of a permanent sled test alternative.
        As to concerns about international harmonization, NHTSA supports 
    international harmonization, when it is consistent with the adoption 
    of best safety practices. For the reasons discussed above, the 
    agency tentatively concludes that permanent retention of the sled 
    test alternative would not be consistent with best safety practices.
        Questions for commenters concerning the proposed sunsetting. 
    While the information currently available to the agency on balance 
    supports the proposal to sunset the sled test, the agency wishes to 
    have as much information as possible to aid it in making a sound 
    final decision regarding this proposal. To the end, the agency 
    invites public comment on:
        1. Criteria for assessing tests. What objective criteria should 
    be used to evaluate and compare the available alternative types of 
    compliance test procedures, e.g., the rigid barrier crash test and 
    the sled test. Such criteria might include, but not be limited to:
        A. Impact of a procedure on design flexibility;
        B. Extent to which a procedure ensures that good real world 
    performance is provided;
        C. Extent to which a procedure creates the potential for 
    degradation of real world performance;
        D. Extent to which a procedure is representative of the varied 
    real world crashes in which serious and fatal injuries occur; and
        E. Administrative considerations, such as repeatability and 
    costs of test conducted pursuant to a procedure.
        2. Comparison and ranking of tests. How do the alternative test 
    procedures rank when compared to each other based on the criteria 
    listed above and any other appropriate objective criteria, and based 
    on advanced air bag technology? The agency emphasizes that any 
    comparisons submitted to the agency should be forward-looking ones 
    in terms of technology. Some past comparisons of the barrier crash 
    test and sled test have been of limited utility and relevance 
    because they have been premised on the continued use of old air bag 
    technology.
    
    D. Petition Objecting to NHTSA's Final Rule on Depowering
    
        Donald Friedman petitioned the agency to reconsider its decision 
    to allow the sled test alternative even on a temporary basis. He 
    argued that the problem of fatalities in low-speed air bag 
    deployment crashes arose because some motor vehicle manufacturers 
    failed to fully meet their legal responsibilities, that NHTSA 
    responded belatedly and inappropriately with an amendment that will 
    not prevent some of the low speed crash deployment fatalities, that 
    the sled test amendment compromises the safety purpose of Standard 
    No. 208 so that the standard no longer meets the need for motor 
    vehicle safety, and that the agency had not formally considered all 
    reasonable, available alternatives.
        Mr. Friedman asked that the rulemaking be reopened with a 
    broader spectrum of proposed options. He stated that NHTSA should 
    not take at face value the industry's claim that the only way it can 
    respond to the current situation is to depower air bags. The 
    petitioner stated that, at a minimum, the options should include (1) 
    making no change in the standard while encouraging manufacturers to 
    raise the minimum crash speed at which air bags deploy, (2) 
    recommending under any depowering option that manufacturers use more 
    effective belt-use inducements in their new vehicles, and (3) 
    recommending that manufacturers offer pedal extension attachments 
    for short people who request them.
        The petitioner also requested that the agency consider 
    alternatives for the period after the next several years, including 
    that NHTSA recommend that manufacturers use available voluntary 
    consensus standards organizations or professional societies to draft 
    recommended practices for air bag safety within the requirements of 
    the original Standard No. 208. The petitioner stated that he opposes 
    rulemaking to add major requirements to reduce the potential of harm 
    from air bag deployment. Mr. Friedman stated that it took 20 years 
    to get the automatic crash protection standard in place, and it is 
    unlikely that the agency could make a major revision of this 
    standard effective in less than a decade.
        After carefully considering Mr. Friedman's petition, the agency 
    has decided to deny it. NHTSA believes that it considered a 
    reasonable range of interim approaches for addressing the problem of 
    adverse effects from air bags, and that the temporary depowering 
    amendment was a reasonable part of the interim approach selected by 
    the agency.
        The agency notes that it addressed a range of alternatives in 
    both the NPRM and the final rule for depowering. Contrary to the 
    allegation of the petitioner, NHTSA did not take at face value the 
    industry's claim that the only way it can respond to the current 
    situation is to depower air bags. In the final rule on depowering, 
    NHTSA explained its position on this subject as follows:
        NHTSA notes that, in its January 1997 proposal, it discussed a 
    variety of alternative approaches for addressing the adverse effects 
    of air bags, including higher deployment thresholds, dual level 
    inflators, smart air
    
    [[Page 50021]]
    
    bags, and various other changes to air bags. In issuing its 
    proposal, the agency recognized that, for many vehicles, depowering 
    has a shorter lead time than any of the other alternatives. The 
    agency also explained that a change in Standard No. 208 is not 
    needed to permit manufacturers to implement these other 
    alternatives. The agency explained further:
    
        The agency expects to ultimately require smart air bags through 
    rulemaking. In the meantime, the agency is not endorsing depowering 
    over other solutions. Instead, the agency is proposing a regulatory 
    change to add depowering to the alternatives available to the 
    vehicle manufacturers to address this problem on a short-term basis. 
    To the extent that manufacturers can implement superior alternatives 
    for some vehicles, the agency would encourage them to do so.
    
        NHTSA shares the concern of the Parent's Coalition that 
    depowering will not likely save all children and will likely result 
    in trade-offs for adults. That is why the agency is limiting the 
    duration of its depowering amendments and plans to conduct 
    rulemaking to require smart air bags. In the meantime, however, 
    NHTSA wants to be sure that the vehicle manufacturers have the 
    necessary tools to address immediately the problem of adverse 
    effects of air bags. Standard No. 208's existing performance 
    requirements do restrict the use of depowering, since substantially 
    depowering the air bags of many vehicles would make those vehicles 
    incapable of complying with the standard's injury criteria in a 30 
    mph barrier crash test. Accordingly, to permit use of this 
    alternative, it is necessary to amend Standard No. 208.
        The issuance of any rule narrowing the discretion that vehicle 
    manufacturers have had since the 1984 decision, whether by requiring 
    depowering, higher thresholds, other changes to air bags, or smart 
    air bags, would involve considerably more complex issues than a 
    rulemaking simply adding greater flexibility. The agency would need 
    to assess safety effects, practicability, and leadtime for the 
    entire vehicle fleet. NHTSA will assess those types of issues in its 
    rulemaking for smart air bags. The agency notes that there may not 
    be any reason to have higher deployment thresholds with some types 
    of smart air bags, since a low-power inflation may be automatically 
    selected for low severity crashes.
        Until the agency conducts its rulemaking regarding smart air 
    bags, it believes it is best to focus on ensuring that manufacturers 
    have appropriate flexibility to address the problem of adverse 
    effects of air bags. This will enable the manufacturers to select 
    the solutions which can be accomplished most quickly for their 
    individual models. NHTSA encourages the vehicle manufacturers to use 
    the best available alternative solutions that can be quickly 
    implemented for their vehicles, whether depowering, higher 
    thresholds, other changes to air bags, smart air bags, or a 
    combination of the above. The agency notes again that the vehicle 
    manufacturers need not wait for further rulemaking to begin 
    installing smart air bags, and encourages them to move in that 
    direction expeditiously.
        NHTSA notes that Mr. Friedman did not address or challenge the 
    specific rationales provided by the agency for the temporary 
    depowering amendment. Moreover, he did not address the agency's 
    overall comprehensive plan of rulemaking and other actions 
    addressing the adverse effects of air bags, or explain why his 
    various recommendations constitute a better approach. (This 
    comprehensive plan was discussed in the depowering final rule at 62 
    FR 12961-62). Accordingly, the agency has concluded that the 
    petitioner has not provided a basis for reopening the depowering 
    rulemaking.
    
    [FR Doc. 98-23957 Filed 9-14-98; 12:00 pm]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
09/18/1998
Department:
National Highway Traffic Safety Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
98-23957
Dates:
Comments must be received by December 17, 1998.
Pages:
49958-50021 (64 pages)
Docket Numbers:
Docket No. NHTSA 98-4405, Notice 1
RINs:
2127-AG70: Advanced Air Bags
RIN Links:
https://www.federalregister.gov/regulations/2127-AG70/advanced-air-bags
PDF File:
98-23957.pdf
CFR: (20)
49 CFR 585.6(b)
49 CFR 571.208
49 CFR 585.1
49 CFR 585.2
49 CFR 585.3
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